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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.

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There will be pudding?

Orly Taitz gets her next day in court this Wednesday in the immigration/Ebola case Taitz v. Johnson. I was surprised today to see a witness list submitted by the government today. The list is comprised of 5 persons (two by prior testimony) including Miguel Escobedo, M.D., M.P.H, Quarantine Medical Officer, Centers for Disease Control and Prevention. The government also submitted a list of exhibits that inform the Court on procedures for screening immigrant children for disease, advisory information and a CV for Dr. Escobedo. Taitz still has not submitted a witness list.

Taitz on the other hand has filed a 38-page brief in opposition to the motion to dismiss asserting “This court has vast powers to deny admission of aliens.” Taitz’s epidemiological expert, Vera Dolan, provides a second affidavit that to my mind is pretty much junk science based on the post hoc fallacy when it comes to showing why Taitz got a cough. It works in the D68 virus even though Taitz wasn’t diagnosed with this, nor has it been shown that Latin American immigrant children are infected with it. Also, it is infants, children, and teenagers who are most likely to contract the virus. Oh, and Dolan says Ebola is transmitted by sneezing (with a little medical literature to back that up).

Please except my apologies for omitting the John Snow cholera map which is required in any book, presentation or article touching on epidemiology. What Snow showed was that cholera cases clustered around a public water pump, pointing to the pump as a source of infection.

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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

Klayman’s Kopy Kat lawsuit

It seems that Larry Klayman exhibits a curious pattern of behavior, following Orly Taitz around and copying her lawsuits.

Taitz, as you know, was one of the early attorneys filing lawsuits over Barack Obama’s eligibility, starting with the Alan Keyes lawsuit in California. Taitz later became plaintiff in her own lawsuits over the issue. Larry Klayman followed suit (no pun intended) in 2012 representing Michael Voeltz in Florida, and most recently himself petitioning to have Barack Obama deported, probably as a prelude to filing a lawsuit on his own behalf.

Now it’s happened again. Orly Taitz broke new ground with her lawsuit against the government to stop immigration from countries with active Ebola outbreaks and to quarantine them. She certainly caught the leading edge of that one, before the first person became sick in the United States of the disease. Now Klayman, writing in his WorldNetDaily column, says he is preparing a similar suit in response to what he calls “Ebola-gate.” He writes:

In the interim, I am fashioning a lawsuit to force Obama to curtail travel and immigration from Liberia and the rest of West Africa until we know we can combat the deadly Ebola outbreak. And, immigration from all Muslim nations where terrorists have a beachhead must also be immediately stopped.

Oh, yes, he has a thing about Muslims too.

Taitz takes the stand

Larry Klayman sued Judicial Watch over something Orly Taitz wrote on her blog. In the trial, Orly Taitz (not a party to the defamation suit) was called as a witness. The transcript from May 30, 2014, makes interesting reading in a twisted sort of way.

The big picture is that Orly Taitz, quoting Freedom Watch staffer Constance Ruffley, wrote that Larry Klayman had been “convicted just recently of not paying a large amount in child support.” This statement was put in the context of raising doubts over whether people should donate money to support Klayman in filing Obama eligibility lawsuits. More details can be found in this article from Courthouse News Service and my articles tagged Klayman v. Judicial Watch. Taitz repeated a number of other negatives about Klayman, focusing on the fact that at the time Taitz was writing, Klayman had not filed some lawsuits that he was supposed to have filed. It was the child support issue, however, that was at the center, because what Taitz wrote was not true: Klayman was indicted, but not convicted.

Shortly after the Taitz article appeared, Klayman contacted Taitz to demand a retraction of her story because it wasn’t true. Taitz didn’t retract the entire story, but issued a correction, saying that Klayman “has not been convicted yet.”

The testimony establishes from Taitz what Ruffley told her. It attempts to establish (unsuccessfully from my vantage point) how long it took for Taitz to correct the article after Klayman contacted her. Klayman appears to assign great significance to the word “yet” in “not convicted yet” while Taitz seems to think it means nothing. This difference may be one of bias, or Taitz may not understand the connotation the word has in English.

Klayman (as Taitz has done in other cases) interrupts the judge—in this case drawing repeated warnings from Judge Cecilia M. Altonaga. After the jury was excused, the judge chastised Klayman about interruptions, in the strongest terms. By my count, Klayman interrupted the judge twice during this final admonition. Nowhere does Orly Taitz speak her signature “let me finish” because Judge Altonaga was bound and determined that Taitz not be interrupted. Klayman did, however, use the phrase.

Taitz demonstrates her questionable legal skills in trying to define a “crime,” asserting that one can be convicted of something that wasn’t a crime. She also seems to think a class 5 felony in Ohio is a misdemeanor.

It has been often said in comments on this blog that Orly Taitz is jealous of her donations and defensive about her place as the only birther attorney actually doing anything. Klayman asked her point blank:

Q. So you were resentful that money donated to me for eligibility lawsuits wasn’t going to go to you, right?

and Taitz replied:

A. Absolutely not.

Who knew? Here’s the transcript courtesy of the Jack Ryan collection.

SD FL DOC 145 – Klayman v Judicial Watch – Testimony of Orly Taitz – S.D.fla._1-13-Cv-20610_145 by Jack Ryan

The jury found that Larry Klayman was defamed and that he should receive compensatory damages in the amount of $156,000 and punitive damages in the amount of $25,000.

The Doc and the dentist

I had a dental checkup yesterday. During the cleaning, I asked the long-time dental hygienist to talk about the situation when sick patients (with colds or viruses) come for treatment.

She started off by saying that most patients reschedule their appointments when they are sick, but that some arrive sick, and her first concern (as I described someone coughing and sneezing a lot) was to adjust the position of the chair to help the patient be more comfortable so that fluids could drain properly. I asked if she had ever gotten sick from one her patients, and she said it probably had happened. She talked about the old days before gloves and face shields. She said that infection can usually be avoided if one takes precautions (like not touching an arm with the glove). She also said that she thinks that dental practitioners build up an immunity over time.

I like to do “normal” every now and then on the blog.