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Hanen to Taitz: Show me case law

I’ve said it before and I’ll say it again. I greatly appreciate it when local newspapers cover local birther events. This time it is the Brownsville Valley Morning Star’s coverage of the Taitz v. Johnson hearing yesterday by reporter Emma Perez-Treveño.

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The reporter’s posts on Facebook yesterday provided some information on how the hearing progressed. The longer version (paid) of the article provides a little more information including the following (via The Fogbow):

Regarding her request for a travel ban, Hanen said that everyone needs to keep in mind what is within the province of the court, and what is within the province of the United States Congress and the Executive Branch. Noting that while he might or not agree with a ban, she might have to show him where he would have authority to issue one, and referred to the well-known saying that, “judges are appointed, but they are not anointed.”

“If you want to go there, you are going to have to show me,” Hanen told Taitz. Taitz told Hanen that he has the right to issue a writ of mandamus to force Burwell to issue an order of quarantine. But Hanen pointed out that the law authorizes, but does not mandate that Burwell issue such orders.

“Why are we here if you find there is nothing you can do?” Taitz asked Hanen amid his observations. “We are here because you filed a lawsuit,” Hanen told her. “I’ll let you question the witness Dr. Taitz, not me,” he added.

Taitz told Hanen that he was refusing to consider the threat of injury to her. “Show me case law,” Hanen told her. “Does the case law provide that? What is the likelihood that it can happen? There is no certainty with Ebola or that you would be affected by it,” he continued. It was noted that the threat must be actual or imminent, not conjecture or hypothetical. “You’re going to have to show me that it’s not hypothetical,” Hanen told her.

Taitz herself did not testify at the hearing, but her “expert witness” Vera Dolan did. The government stated that “a cough is a symptom, not a diagnosis” and Taitz doesn’t know what caused it, and even if she did catch a respiratory infection from one of the immigrant children, that child could have caught it in the United States.

Taitz should go to law school and learn about this stuff.

I personally think that Judge Hanen is out of line holding this hearing at all, until after the question of standing has been settled. Without standing, he has no jurisdiction. But then, I haven’t gone to law school.

5

Birther ballot case goes to California Supreme Court

But is the California Supreme Court Constitutional?

That’s what was reported by Gerbil Report™ from a press release of the “American Resistance Party.”1 The article, “Are Part Alien Judges Constitutional?” focuses on one newly-appointed associate justice of the California Supreme Court who was born in Mexico. Mariano-Florentino Cuéllar was recently nominated by Governor Jerry Brown to the Court, and confirmed unanimously by the California Commission on Judicial Appointments. Cuéllar has some impressive credentials that can be read in his Wikipedia article, or at the LA Times.

Because they were unable to find anything showing that Cuéllar was a US Citizen, the ARP assumed that he wasn’t. Curiously, the California Judicial Branch Fact Sheet that describes qualifications for judges does not mention any citizenship requirement, nor is it a requirement for admission to the California Bar. Nevertheless, Cuéllar is, according to his Constitution Project biography, a US Citizen. But even if Cuéllar is a naturalized citizen he is not, argues the ARP, constitutionally qualified to be a judge on the California Supreme Court because of some tortured reading of the US Constitution, specifically the 11th Amendment that precludes foreign persons from suing a state.

They assert:

Mr. Cuéllar has failed to prove in any written statement or eligibility statement in the past to prove beyond a shadow of a doubt that he has refuted (sic) his Mexican citizenship. It is his responsibility to do so, if and when, he attains an office that is under the purview of the U.S. Constitution and California Constitution.

The ARP probably is unaware of the oath that naturalized citizens take:

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; …

So while not applicable in this particular instance, the ARP do argue that dual citizens (not 100% citizens) cannot serve in any capacity under the California or US Constructions. Their argument seems nonsense. Where were they when Michele Bachmann (Swiss) and Ted Cruz (Canadian) served in the House and Senate (respectively)?

The case in question is Noonan v. Bowen, a long dismissed ballot challenge, being appealed from the Third Appellate District. Edward Noonan and co-appellant Pamela Barnett are being represented by Nathaniel J. Oleson of the US Justice Foundation. The case number is S221700.

Read More:

Update:

The case was denied review.


1Edward Noonan is founder and National Committee Chair of the American Resistance Party.

14

Taitz expands Ebola ban

USA Map overlaid with Ebola virus imageOne wonders why a dentist from California, or even a district court judge in Texas, should be setting policy for public health in the United States. Nevertheless, that’s what Orly Taitz wants Judge Andrew S. Hanen to do in an expansion of her motion filed on October 24. There is an upcoming hearing on Taitz’ lawsuit, about which she says:

On Wednesday 29 October, we have what may be our last chance to stop or at least seriously curtain Ebola’s now wide-open entry into the US.

From the filing:

Plaintiff is seeking for this court to extend this partial ban to a full ban and stay travel to the remaining five airports with the goal of stopping proliferation of Ebola in the US, which has 70% death rate and Health Care providers, such as plaintiff, are more affected than others.

That statistic is not true for patients treated in the US; 85% is the cure rate here1, and in any case I cannot imagine how Taitz sees herself as a health care provider at special risk for catching Ebola. Recall that Taitz’ case was about the transportation of undocumented children while they were awaiting their court date. Taitz tried to show standing by claiming that she herself got sick from treating such children. There is no way Taitz can demonstrate that she is in imminent danger of catching Ebola. Judge Hanen has all he needs to dismiss this mess; let’s hope he does.

In terms of the actual death toll, measles is many times more deadly than Ebola. Measles deaths are preventable through vaccination, but junk science linking vaccines with autism have caused the vaccination rates to fall and mortality from measles to climb.


1Since the article cited, nurse Nina Pham has been declared Ebola-free.

18

Liberty Legal loses

The US Court of Appeals for the Sixth Circuit has affirmed the decision of a Tennessee district court that attorney Van R. Irion and the Liberty Legal Foundation must pay sanctions to the Tennessee Democratic Party in the amount of $10,563.25. The original lawsuit was almost identical to another suit Irion filed in Arizona District Court. After dismissing the case, US District Court Judge S. Thomas Anderson ruled that the lawsuit was frivolous and ordered sanctions to be paid to the Defense. He wrote:

…Plaintiff knew or reasonably should have known that the claims in this case had no basis in law. Specifically, counsel for Plaintiffs reasonably should have known that Plaintiffs lacked standing to pursue their claims…

The Circuit Court affirmed, saying:

…the district court correctly set out the applicable law and correctly applied that law to the case…

SCOTUS dumps birther lawsuit bin

Monday is trash pickup day at my house, and also today the Supreme Court announced dumping of birther lawsuits, most notably an appeal from the Supreme Court of Alabama in McInnish v. Chapman. Also denied was Rudy v. Lee (with amicus brief by Herb Titus).

CERTIORARI DENIED

H/t to gorefan.

Because of the holiday, the next pick-up will be on Tuesday.

Taitz claims they’re all out to get her

Here’s the quote from her amended complaint (2nd part) in the Johnson case:

It is widely believed that each District Court and each U.S. Attorney’s office has individuals who are embedded in those offices and who are working for (National Security Agency) and FBI and not only gather information, but also tamper with records, similar to NSA tampering with phone records and e-mails, as reported by the federal whistle-blower Edward Snowden.

Taitz goes on to say that this is why it appears that she sent some material directly to the judge that didn’t get on the docket. I wonder how Judge Hanen will react to that allegation of an NSA mole in his court? I wonder how Judge Hanen will react to Taitz misspelling his name on the amended complaint?

In addition, Taitz alleges that a potential witness was pressured to lie in an affidavit to make her look bad. I previously reported that Taitz represented to the court that Immigration officer, Ronald Zermeno , was willing to testify for her and to travel from California. In an affidavit, he said:

I never waived the application of Rule 45(c)(1), particularly since I have had no discussions or interactions with Dr. Taitz.

Taitz claims he was pressured to say that:

Under duress and under pressure of possible employment termination Zermeno signed a declaration where he claimed that he did not know who Taitz was until Judge Hanen ordered subpoenas to be signed on August 25, 2014 and that he did not want to testify.

In fact, several days prior to signing of the order to issue subpoenas, through written text messages and phone conversations with fellow border patrol officers, Zermeno agreed to appear at August 27, 2014 hearing before Judge Hanen and was willing to produce evidence of aforementioned violations by the defendants.

Taitz misrepresents the Zermeno affidavit that nowhere says he had never heard of Orly Taitz, and didn’t know who she was. Further, it appears clear that Zermeno was never properly served with the subpoena.