One may recall that Larry Klayman was the founder of a right-wing court watchdog group called Judicial Watch, and some know that he left that organization and turned around and sued it1 (he also sued his mother). But why is Klayman issuing a subpoena to Orly Taitz, and why is she not honoring it? Klayman wants her held in contempt of court.
The question of why Taitz blew off the subpoena, to be taken in Los Angeles, is given in the filing: she wanted $93.76 in witness fees, but it is also alleged that she attempted to evade service.
The reason for the subpoena in the first place goes to the claims in the lawsuit. In the amended complaint Klayman sues for defamation. He says that defendants defamed him by telling stories that he was “‘convicted’ of a crime for not paying a large amount of child support.” (Note that “convicted” is in quotes but “crime” is not.) Where was this scurrilous tale published? On Orly Taitz’ blog, of course. The complaint doesn’t explain the connection between defendants and Orly Taitz, but that is described in an affidavit from one of the defendants, Constance Ruffley.
Ruffley avers that she had a conversation with Taitz at a monthly California Coalition for Immigration Reform1 meeting in Garden City, in which Klayman was discussed, and the public record of his nonpayment of child support was mentioned. Ruffley denies that she called it a “crime.” Ruffley also said that she didn’t expect Taitz to publish the conversation.
Who could possibly think that Orly Taitz would fail to keep private remarks in confidence or distort what was said? I, for one, could (and have the scars to prove it). But it becomes clear why the testimony of Taitz is essential in the proceeding. What Ruffley said, and her intent in saying it to Taitz is the essential point of fact in the case.
I did not find a screen shot among the readily available documents in the case, but I think this article [link to Taitz web site] is the one, and it it she said:
Ms. Ruffley actually advised me that Larry Klayman is not licensed in California, she told me that he no longer works with the Judicial Watch and that donors should know about litigation in Ohio, where he was convicted just recentlty (sic) of not paying large amount in child support. She provided a lot of other information. I will publish only, what is a public record. I am not publishing anything, that is not in public record.
A number of individuals sent me this information:
Larry Klayman, 60, of Los Angeles, California, was indicted on two (2) counts of criminal non-support. He owes $78,861.76 for his two children ages 11 and 14. Two hearings were held in Domestic Relations Court between 2009 and 2010. The last voluntary payment was made on August 30, 2011, in the amount of $1,014.26. Arraignment is scheduled for February 7, 2012.
That’s clearly at odds with what Ruffley said that she said. It’s a pickle.
Meanwhile, the Court is not ready to hold Taitz in contempt until after attempts at mediation according to the rules; Klayman’s motion was premature, says the judge.
Note: Orly Taitz is not a party to this lawsuit (yet).
1The California Coalition for Immigration Reform is a non-profit organization founded by the late Barbara Coe whose aim is to reduce immigration. Three is a Wikipedia article on the CCIR, but their own web site returns “no longer available.” View the CCIR site on the Wayback Machine.