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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.

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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The great prediction

There are two predictions, actually, currently circulating among the birthers, but they both focus on the same event, Inauguration Day, January 20, 2017. Some birthers say that Obama will leave office before that day through the vindication of their beliefs about his eligibility (this is the “any day now” “frog marched out of the White House” faction), and others say Obama will not leave office on that day at all, but will try to stay in office beyond his term by manufacturing some kind of crisis. The “crisis” has been variously identified as an economic crisis, a terrorist crisis or as one Gerbil Report™ commenter named SMACK put it in Burma Shave sign form: EBOLA / THE PERFECT EXCUSE / FOR MARTIAL LAW / BANK.

Political commentator and conspiracy theorist, James Henry Fetzer, says:

The situation with Ebola is very strange indeed, because there are multiple indications that it’s some kind of fraud or hoax or scam being perpetrated on the American people. …

“There’s good reason to be skeptical about what’s going on here in the United States. And I am terribly troubled that they are trying to create a cause that is going to instill fear into the American people to justify imposing martial law here in the United States.

Fetzer doesn’t state a purpose for martial law in the US, but he does say that sending US Troops to Africa is being done to further US corporate interests. An alternate theory is that Ebola is real and Obama wants to punish America for slavery in its past. That was articulated by birther litigant and talk show host Dr. Laurie Roth in her article, “Vaccinations, Martial Law, Millions of Deaths on their Way”:

And what is the purpose of all this disease, lack of protection and border security??? It appears to be potentially the “full meal deal” for Obama and his goals. 1) Establish over the next few years mindless, dependent and UN-American foreign voters and supporters for Obama and his goals. 2) Punish America for her achievements by riddling her with diseases and maiming her children. 3) Create a guise to declare martial law due to created outbreaks. Control speech, food, travel and health care. 4) Demand adults and children take some sort of mandated/mystery vaccination that kills off even more people.

My prediction is that a forced vaccination plan from Obama and his administration is on its way. This will not only allow someone put in control (so Obama can’t be blamed) to release something potentially fatal into our system, but also act as a tracker — the complete end of our privacy and freedom.

David Hodges of “The Common Sense Show” expands on this theme in his article “The PSYOPS of the Coming EBOLA Genocide (Part 1)”:

It matters not if its Ebola that is going to rip through the country like a Tsunami coming ashore, or, whether it is the hastily prepared soon-to-be vaccines that are soon going to be thrust among us which will potentially devastate our collective  immune systems [not out precious bodily fluids?]. To those who are still debating if the Ebola crisis is a false flag, you are wasting time and you are causing the public to take their eye off of the ball. Does it matter if the Ebola is an instrument of oppression or it will be the vaccine that serves this purpose? The full or partial spread of Ebola is a prerequisite condition for the roll out of mandatory vaccines. Both Ebola and the subsequent vaccines are like “love and marriage”, as Frank Sinatra once said, “You can’t have one without the other”!

And if death from Ebola weren’t bad enough, some such as Kit Daniels at InfoWars have suggested, that “Gun confiscations” are “plausible government responses to an Ebola outbreak in America.” (You can find an abundance of other examples of this with search keywords like “Ebola martial law” and “medical martial law.”)

For the purposes of this article, it is the staying in office motive that is relevant, and that can be found in the article “Obama’s Disease-Infected America” by Mychal Massie published in WorldNetDaily on October 13.

I do not believe it was empty rhetoric when Dr. Ben Carson told Fox News host Chris Wallace that “there might not actually be elections in 2016. …” Carson did not specifically mention a pandemic of disease as the reason for same, stating instead the possibility of economic disaster and ISIS. I say, what could be more economically devastating than a disease pandemic and martial law to prevent a run on banks and to allow government-controlled media blackouts?

I will conclude with this image from the Infiltrated Nation web site:

Of course we can just wait until January 20, 2017 and see what happens, whether the birthers (and other right wing conspiracists) are vindicated or proven wrong. There is no satisfaction in that because they will have moved on to something else.

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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.

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.

First US Ebola case; Doc leaves country

A semicolon does not imply causality, and actually I left the US before the Ebola case was confirmed. All I’ll say is that I haven’t met Lucas Smith, and I haven’t found any new birth certificates for Barack Obama.

Normal blog operations will resume when I return in a few days.