Main Menu

A waste of money

So Orly Taitz wrote in an article yesterday [link to Taitz web site] that she had appealed Taitz v. Colvin to the 4th Circuit. I ran a search on PACER to find the case, wasting ten cents on getting no results as of close of business today. Taitz, no doubt, wasted a lot more filing a case that has zero chance of going anywhere. We’ll just have to wait for the text.

As I was writing this article, my browser rested on the Taitz site and some of those dodgy download messages started appearing.  I thought about adding a sidebar feature, a Taitz web site threat alert level, but that wouldn’t be good unless it was always up to date. Here is today’s alert anyway:

image

I’ve been impressed by the various judicial opinion’s I’ve read in the course of writing about Obama conspiracy stories. It’s sort of a mini legal education. I can’t read Judge Hollander’s decision in Taitz v. Colvin without hearing in the background, “See? This is how to frame a legal argument!”

,

17 Responses to A waste of money

  1. avatar
    gorefan July 31, 2014 at 12:47 am #

    “It’s sort of a mini legal education.”

    Brither’s are completely immune to the education; I saw Tracy Fair commenting on something or other and it was pointed out to her what Judge Stansfield wrote in her Maryland case concern the Wong Kim Ark decision:

    “While Ms. Fair and Ms. Miltenberger may disagree with the holding of the Supreme Court, from a perspective of stare decises, the only means by which an opinion of the Supreme Court on substantive law can be overturned is either by a subsequent holding of the Supreme Court or an amendment to the U.S. Constitution. Both have occurred in the past on very rare occasions, but this Court does not believe it has the discretion to simply disregard a holding that clearly applies to the definition of “natural born citizen” as it applies to President Obama.”

    So of course after Judge Stansfield took the time to explain it to her, she filed an appeal.

  2. avatar
    The European July 31, 2014 at 2:48 am #

    This came to my mind when I saw the headline:

    https://www.youtube.com/watch?v=4A-5hyKaITQ

    Guess I am too old …..

  3. avatar
    John Reilly July 31, 2014 at 9:33 am #

    I’ve learned a great deal since I started following the Birther issue.

    But some stuff is just common sense. I used to keep a paper calendar, but now I use Outlook. When I have an important deadline (or Mrs. Reilly has simply said that I should get milk on the way home) I put it into the calendar. Thus, I’m amazed that Dr. Taitz did not put in her calendar the deadline to file an appeal.

    For the lawyers here, can the appeals court hear the appeal if it was filed late?

  4. avatar
    Dr. Conspiracy July 31, 2014 at 10:22 am #

    The federal rule would appear to be:

    Federal Rules of Appellate Procedure Rule 4. Appeal as of Right

    In general, the appeal must be filed within 60 days (for federal parties) of the order, which was issued on May 13.

    4(a)(5) “(A) The district court may extend the time to file a notice of appeal if:

    (i) a party so moves no later than 30 days after the time prescribed by this Rule 4(a) expires”

    So I take it, given that Taitz is within the 30 days after expiration, the district court COULD extend the amount of time for the appeal. (IANAL)

    John Reilly: For the lawyers here, can the appeals court hear the appeal if it was filed late?

  5. avatar
    Paul July 31, 2014 at 10:23 am #

    I loved the footnote where she wrote “Plaintiff CLAIMS she is a licensed attorney in California and a licensed Doctor of Dental Surgery.”

  6. avatar
    John Reilly July 31, 2014 at 10:54 am #

    Thanks, Doc. So as I read it, Dr. Taitz needs to go back to Judge Hollander, ask for more time, point out that the failure to give her more time would be treason and subject her to being a defendant in a RICO lawsuit, and sit back and wait.

    Sounds like a plan.

    What could possibly go wrong?

  7. avatar
    Andrew Morris July 31, 2014 at 5:04 pm #

    Orally’s latest waste of taxpayer money is asking the asst US attorney to stipulate to quarantine all immigrants. Can’t help feeling sorry for him, having this pile of crap dropped on him. Part of the stipulation she’s demanding is that any immigrant without a letter from a Texas judge confirming they’re “legal” must be deported.

  8. avatar
    realist July 31, 2014 at 5:06 pm #

    John Reilly:
    Thanks, Doc.So as I read it, Dr. Taitz needs to go back to Judge Hollander, ask for more time, point out that the failure to give her more time would be treason and subject her to being a defendant in a RICO lawsuit, and sit back and wait.

    Sounds like a plan.

    What could possibly go wrong?

    She would not, in the appeal process, be requesting additional time from Judge Hollander.

    I suspect the court will entertain the frivolous appeal. It will save a lot of judicial resources and the end result will be the same… Affirmed.

  9. avatar
    bob July 31, 2014 at 6:05 pm #

    Dr. Conspiracy:
    The federal rule would appear to be:

    Federal Rules of Appellate Procedure Rule 4. Appeal as of Right

    In general, the appeal must be filed within 60 days (for federal parties) of the order, which was issued on May 13.

    Read on. A motion under Fed. R. Civ. P. 59 or 60 essentially resets the clock. Taitz did make one in the case (she always does).

  10. avatar
    Bob July 31, 2014 at 8:08 pm #

    Orly is getting desperate for comments. Look what she puts through moderation:

    2 RESPONSES TO “A VICTORY FOR TEA PARTY, HOUSE WITHDRAWS A BAD IMMIGRATION BILL, WHICH DID NOT HAVE PROVISIONS TO DEFUND DACA. DEMAND IMMEDIATE RESCISSION OF ILLEGAL DACA”

    Judith Krantz
    July 31st, 2014 @ 2:06 pm
    Do you have opposable thumbs?

    ☞ LINK

  11. avatar
    Keith July 31, 2014 at 10:58 pm #

    Andrew Morris:
    Orally’s latest waste of taxpayer money is asking the asst US attorney to stipulate to quarantine all immigrants. Can’t help feeling sorry for him, having this pile of crap dropped on him. Part of the stipulation she’s demanding is that any immigrant without a letter from a Texas judge confirming they’re “legal” must be deported.

    I assume Orly has a letter from a Texas judge?

  12. avatar
    The Magic M August 1, 2014 at 3:56 am #

    Bob: Look what she puts through moderation

    I don’t think she even understood the reference.

  13. avatar
    The Magic M August 1, 2014 at 3:58 am #

    John Reilly: Thus, I’m amazed that Dr. Taitz did not put in her calendar the deadline to file an appeal.

    As has been pointed out numerous times before, either she fails on purpose (either because of Münchhausen’s Syndrome or because that’s the only way she can keep up her “I never lost on the merits” meme) or subconsciously on purpose.

  14. avatar
    Jim F August 1, 2014 at 7:06 am #

    I was just browsing for laugh in BR when I saw a comment about Falcon. It implied that something has happened to him. The poster wrote that he would be badly missed.
    What happened? Did I miss something big? Please don’t leave me in the dark.

  15. avatar
    Bonsall Obot August 1, 2014 at 8:48 am #

    Seems to be standard BR make-believe cloak & dagger nonsense. It is of no concern.

  16. avatar
    The Magic M August 1, 2014 at 10:02 am #

    Jim F: It implied that something has happened to him.

    Falcon immediately replied. (Which actually makes me believe Falcon himself posted the ominous comment to make his return after a short hiatus more spectacular and, at the same time, bolster his “importance” because “Obots threaten to Fuddy me so I must be a real threat to them” or something.)

    Or the DARPA operative paid by our Beloved Alien Overlords to take over Falcon’s account after they put the real Falcon in a FEMA camp on Gr’shneeznaxx buzzing with Ebola. [Cue “Jaws” theme.]

  17. avatar
    Arthur August 1, 2014 at 11:10 am #

    The Magic M: Or the DARPA operative paid by our Beloved Alien Overlords to take over Falcon’s account after they put the real Falcon in a FEMA camp on Gr’shneeznaxx buzzing with Ebola. [Cue “Jaws” theme.]

    What ever happened to FEMA camps? I thought that by this time, all birthers were supposed to be doing hard labor in FEMA camps, then executed by billions of DHS ammunition, and then interred in a plastic coffin.