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Taitz loses SSA lawsuit on the merits

The somewhat complex litigation history of Taitz v. Colvin is admirably detailed in the Court’s detailed memorandum opinion. US District Judge Ellen L. Hollander declined to dismiss Taitz’ second amended complaint as moot, but rather ruled on cross motions from both sides for summary judgment.

Judge Hollander, a recent Obama appointee, examined in detail the parties’ allegations and representations to determined that, as a matter of law, a trial was unnecessary, and determined that summary judgment should be awarded in favor of the Social Security Administration. She also declined to forward Taitz’ allegations to a grand jury, saying:

…even assuming that 18 U.S.C. § 3332(a) provides district courts with discretion to  present evidence to a grand jury or to appoint private litigants to present evidence to a grand jury,  plaintiff has not provided a basis for me to exercise that discretion.

One can learn a lot about FOIA by reading the opinion.

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36 Responses to Taitz loses SSA lawsuit on the merits

  1. avatar
    bob May 15, 2014 at 1:20 pm #

    This will surprise no one: Taitz’s suit (in Maryland) against the SSA was dismissed.

  2. avatar
    Rickey May 15, 2014 at 1:42 pm #

    bob:
    This will surprise no one: Taitz’s suit (in Maryland) against the SSA was dismissed.

    The relevant documents are here:

    http://www.scribd.com/doc/224356306/Taitz-v-Colvin-Ecf-36-Memorandum-Opinion

    http://www.scribd.com/doc/224356314/Taitz-v-Colvin-Ecf-37-Order

  3. avatar
    Dave B. May 15, 2014 at 3:57 pm #

    Favorite part of the Memorandum Opinion, so far (page 28):
    “Plaintiff’s “request under 28 USC 1002 for examination of the original (wet ink) SS
    -5 of Harry Bounel in light of evidence of forgery and fraud in other IDs” will be denied. In the first instance, the United States Code does not contain a 28 U.S.C. § 1002.”

    Rickey: The relevant documents are here:

    http://www.scribd.com/doc/224356306/Taitz-v-Colvin-Ecf-36-Memorandum-Opinion

    http://www.scribd.com/doc/224356314/Taitz-v-Colvin-Ecf-37-Order

  4. avatar
    Rickey May 15, 2014 at 4:37 pm #

    Dave B.:
    Favorite part of the Memorandum Opinion, so far (page 28):
    “Plaintiff’s “request under 28 USC 1002 for examination of the original (wet ink) SS
    -5 of Harry Bounel in light of evidence of forgery and fraud in other IDs” will be denied.In the first instance, the United States Code does not contain a 28 U.S.C. § 1002.”

    Orly believes that her case is still alive because Judge Holllander denied the defense’s Motion to Dismiss, overlooking the fact that Judge Hollander also granted Summary Judgment in favor of the defendants and ordered the clerk to close the case.

    She is truly the world’s worst lawyer. In fact, there have been phony lawyers who never went to law school who were better lawyers than Orly.

  5. avatar
    J.D. Sue May 15, 2014 at 4:45 pm #

    Rickey: In fact, there have been phony lawyers who never went to law school who were better lawyers than Orly.

    —-
    I have met “jailhouse lawyers” who were very much better lawyers than Orly. What they didn’t yet know about the law, they were eager to study and learn. Huge difference.

  6. avatar
    Dr. Conspiracy May 15, 2014 at 5:12 pm #

    The case was not dismissed. There was a summary judgment against Taitz.

    bob:
    This will surprise no one: Taitz’s suit (in Maryland) against the SSA was dismissed.

  7. avatar
    CarlOrcas May 15, 2014 at 5:12 pm #

    Dave B.: In the first instance, the United States Code does not contain a 28 U.S.C. § 1002

    Ouch! That’s embarrassing.

  8. avatar
    Bonsall Obot May 15, 2014 at 5:18 pm #

    CarlOrcas: Ouch! That’s embarrassing.

    Objection; assumes Taitz is capable of feeling embarrassment, in the face of overwhelming evidence to the contrary.

  9. avatar
    Reality Check May 15, 2014 at 5:35 pm #

    I agree. That was a very detailed and well written opinion written by Judge Hollander. She also addressed why Taitz (like Vogt from whom she stole the idea) cannot take a claim directly to the grand jury via a federal court.

  10. avatar
    CarlOrcas May 15, 2014 at 5:55 pm #

    Bonsall Obot: Objection; assumes Taitz is capable of feeling embarrassment, in the face of overwhelming evidence to the contrary.

    Objection sustained!

  11. avatar
    Curious George May 15, 2014 at 6:00 pm #

    Wow what a terrible week for Birthers! Next on the chopping block will be Doug Vogt’s “masterpiece.”

  12. avatar
    J.D. Sue May 15, 2014 at 6:06 pm #

    Nicely written opinion. Clear as a bell.

  13. avatar
    jayHG May 15, 2014 at 6:11 pm #

    Dave B.:
    Favorite part of the Memorandum Opinion, so far (page 28):
    “Plaintiff’s “request under 28 USC 1002 for examination of the original (wet ink) SS
    -5 of Harry Bounel in light of evidence of forgery and fraud in other IDs” will be denied.In the first instance, the United States Code does not contain a 28 U.S.C. § 1002.”

    I’m on the floor, rolling around, laughing so hard I can hardly breath….

  14. avatar
    Andrew Vrba, PmG May 15, 2014 at 6:28 pm #

    Curious George:
    Wow what a terrible week for Birthers! Next on the chopping block will be Doug Vogt’s “masterpiece.”

    I expect BR to ramp up the “WE’RE WINNING! HONEST!!!” articles as a result.

  15. avatar
    J.D. Sue May 15, 2014 at 6:43 pm #

    Dave B.: Favorite part of the Memorandum Opinion, so far (page 28):
    “Plaintiff’s “request under 28 USC 1002 for examination of the original (wet ink) SS
    -5 of Harry Bounel in light of evidence of forgery and fraud in other IDs” will be denied. In the first instance, the United States Code does not contain a 28 U.S.C. § 1002.”

    —-
    That was my favorite part too. The rest of that paragraph is good too:

    “In the event that plaintiff is attempting to state a cause of action under the Best Evidence Rule, Fed. R. Evid. 1002, no such cause of action exists. As discussed, the Best Evidence Rule is a rule of evidence that applies during a trial in federal court. It does not give rise to a cause of action.”

  16. avatar
    Rickey May 15, 2014 at 7:01 pm #

    Dr. Conspiracy:
    The case was not dismissed. There was a summary judgment against Taitz.

    Yes. As you have noted, Judge Hollander entered a judgment for the defendants on the merits.

  17. avatar
    Andrew Vrba, PmG May 15, 2014 at 7:06 pm #

    But in the old bat’s mind, she hasn’t lost this one yet! *facepalm*

    “Press release: Judge Hollander issues an opinion on only a part of the FOIA request, which necessitates more FOIA filings”

  18. avatar
    J.D. Sue May 15, 2014 at 7:31 pm #

    Andrew Vrba, PmG: she hasn’t lost this one yet! *facepalm*

    —-

    From her press release, here are the first five items on Taitz’s list of things to do now:

    “At this junction Taitz is undertaking several actions:

    1. filing a motion for reconsideration and a motion for hearing and/or trial

    2. will provide additional argument of best evidence rule

    3. will provide additional argument on all the evidence of fraud in Obama’s IDs presented to the judge and omitted by the judge from her argument,, when she claimed that SSA acted in good faith

    4. Taitz will submit a new FOIA request for info to the SSA seeking SS-5 for Harry (Harrison) Bounel without any other info

    5. Will submit a request to US Attorney for Md, Mr. Rosenstein, seeking to forward all the evidence to the Grand Jury and will report to the judge on his willingness or unwillingness to do so, as well as a request or an ex-relator status, if he shows unwillingness to forward evidence to the Grand Jury.”

    Sheesh

    p.s. I love how she wants to argue the best evidence rule again, now that the Judge gave her the cite.

  19. avatar
    Keith May 15, 2014 at 7:33 pm #

    jayHG: I’m on the floor, rolling around, laughing so hard I can hardly breath….

    Pretty good control of the keyboard though.

  20. avatar
    Georgetown JD May 15, 2014 at 8:58 pm #

    Andrew Vrba, PmG:
    But in the old bat’s mind, she hasn’t lost this one yet! *facepalm*

    “Press release: Judge Hollander issues an opinion on only a part of the FOIA request, which necessitates more FOIA filings”

    Admittedly, this part of Judge Hollander’s ruling is a bit obscure:

    “I will also deny plaintiff’s various other requests for relief.”

    /snark

  21. avatar
    Dr. Conspiracy May 15, 2014 at 11:23 pm #

    What part of “The clerk is directed to CLOSE this case” does Orly not understand?

    Rickey: Orly believes that her case is still alive

  22. avatar
    bgansel9 May 16, 2014 at 12:20 am #

    Dave B.: In the first instance, the United States Code does not contain a 28 U.S.C. § 1002

    Bwahahahahahahahahahahahahahahahahahaha! OMG, I can’t stop laughing.

  23. avatar
    bgansel9 May 16, 2014 at 12:23 am #

    Rickey: There was a summary judgment against Taitz

    I haven’t read it, but I assume there were no sanctions issued as they would be mentioned in this post? Sadly so, if no sanctions were issued. Orly needs sanctions, and lots of them.

  24. avatar
    bgansel9 May 16, 2014 at 12:29 am #

    Rickey: Orly believes that her case is still alive because Judge Holllander denied the defense’s Motion to Dismiss, overlooking the fact that Judge Hollander also granted Summary Judgment in favor of the defendants and ordered the clerk to close the case.

    Give her a couple of months, she’ll catch up and finally figure it out. LOL

  25. avatar
    Dr. Conspiracy May 16, 2014 at 7:55 am #

    No sanctions. I did however have a dream about Orly Taitz last night that involved an automobile and an unloaded hand gun.

    bgansel9: I haven’t read it, but I assume there were no sanctions issued as they would be mentioned in this post? Sadly so, if no sanctions were issued. Orly needs sanctions, and lots of them.

  26. avatar
    bgansel9 May 16, 2014 at 10:08 am #

    Dr. Conspiracy: No sanctions. I did however have a dream about Orly Taitz last night that involved an automobile and an unloaded hand gun.

    Maybe you had better keep that to yourself. LOL I don’t want anyone accusing you of causing her to go postal.

  27. avatar
    3Fiddy5 May 16, 2014 at 10:11 am #

    Unrelated topic, but isn’t today the Spring in America day, or whatever they call it? Where 10, er (Million) patriots are supposed to flood DC?

    My estimate is 100. Are there any live feeds to DC where we can hopefully spot them?

  28. avatar
    Andrew Vrba, PmG May 16, 2014 at 10:20 am #

    I dunno, suspiciously the “official live feed” that birther report is touting is offline. If I had to make an educated guess, its because an embarrassingly small number of people showed up.

  29. avatar
    The Magic M May 16, 2014 at 10:44 am #

    Andrew Vrba, PmG: If I had to make an educated guess, its because an embarrassingly small number of people showed up.

    And so tomorrow they can claim the 10 million were there (but somehow forgot 1 million was supposed to stay until Obama steps down) but “they” disabled or manipulated all live streams (the BR crowd is already tooting that horn, knowing that there will be nothing to see).

  30. avatar
    Jim May 16, 2014 at 10:52 am #

    3Fiddy5:
    .Are there any live feeds to DC where we can hopefully spot them?

    Doc listed a few in this article…
    http://www.obamaconspiracy.org/2014/05/where-do-we-meet-if-we-get-separated/

  31. avatar
    CarlOrcas May 16, 2014 at 11:27 am #

    3Fiddy5: Are there any live feeds to DC where we can hopefully spot them?

    Here’s the DC Department of Transportation’s website with 26 cameras

    http://app.ddot.dc.gov/

    I’ve checked a half dozen in the central area and don’t see anything out of the ordinary.

    The weather has been pretty bad in the metro area with a lot of rain and flooding so I suspect that will end up being the excuse……for today.

  32. avatar
    Bob May 16, 2014 at 11:40 am #

    Examples on RawStory of people on Twitter #OperationAmericanSpring mocking the revolutionaries:

    “Hey everybody, I found #OperationAmericanSpring! No, wait, this is a family of five, tourists from Des Moines. Never mind!”

    http://www.rawstory.com/rs/2014/05/16/twitter-looks-for-operation-american-spring-where-is-everybody-im-confused/

  33. avatar
    Andrew Vrba, PmG May 16, 2014 at 11:55 am #

    Some of the twitter stuff is comedy gold.

  34. avatar
    Sef May 16, 2014 at 12:21 pm #

    These OAS videos look like perfect candidates for LiveLeak.

  35. avatar
    Northland10 May 16, 2014 at 7:38 pm #

    bgansel9: Give her a couple of months, she’ll catch up and finally figure it out. LOL

    Such a comedian.

  36. avatar
    CCB May 16, 2014 at 9:22 pm #

    This site was broadcasting live video today. It has kept them for viewing. http://misguidedchildren.com/politics/2014/05/operation-american-spring-live-video/20663?ing-live-video/20663

    videndi ipsos loquuntur