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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:

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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!”

The judge was not impressed

Plaintiff [Orly Taitz] can rest assured that if any reasonable grounds existed for me to recuse myself from this case, I would have done so, if for no other reason than to avoid spending precious time on such frivolous filings. But, my responsibilities require me to handle dutifully the cases assigned to me.

– Federal Judge Ellen L. Hollander
Taitz v. Colvin

And so Orly Taitz’s motion for reconsideration and recusal of the judge was summarily rejected in a 7-page memorandum. Judge Hollander makes it clear that she is quite familiar with who Orly Taitz is, and her litigation history on behalf of the “’birther’ movement.” Judge Hollander points out that the time limit provided by statute had already passed, when Taitz filed her motion.

Judge Hollander notes:

Ms. Taitz has not provided any legal authority for the proposition that, if the President were removed from office, this judge or the hundreds of other executive and judicial branch appointees selected by him and then confirmed by the Senate would also become disqualified from their offices.

Nor has any other birther cited any legal authority for this widely-birther-held theory.

Orly files treason charges against Obama

Well, she would, wouldn’t she?

Taitz lost her bid to become Attorney General of California, and so despite her recent attempt to play one in US district court, she is still not a prosecutor. She filed a notice with the United States District Court for the District of Maryland, making the prosecution of Obama for treason a cause to reconsider the decision against her in her FOIA lawsuit against the Social Security Administration, Taitz v. Colvin, which Taitz lost on the merits. Taitz also moves that her “evidence” be forwarded to a federal grand jury. This is Taitz’ second motion for reconsideration in this case.

Taitz had argued that (somehow) the recent Bergdahl prisoner swap conducted by the Obama administration empowers her to intervene, even though she does not represent Bowe Bergdahl, nor any of the detainees in Guantanamo. Taitz alleges:

Obama committed a high crime of treason, giving aid and comfort to the enemy under 18 US§ (sic) 2381.

While Taitz does not mention Hitler, she does mention Himmler, Goebbels, Heydrich, Goering and Eichman (sic).

Despite the fact that Taitz published an article today (18 June 2014)  [link to article] on this filing, it had already been denied last week (13 June 2014). Judge Hollander wrote in her Memorandum Opinion that there are no grounds for reconsideration, specifically:

Here, plaintiff has not identified any intervening change in controlling law or newly discovered evidence.

Judge Hollander further states that Taitz’ new emergency motion has nothing to do with her case, saying:

Needless to say, plaintiff’s disagreement with President Obama’s presidential decision-making does not provide support for her allegation that the SSA’s response to her FOIA request was inadequate.

According to NBC News:

The Army has appointed Maj. Gen. Kenneth Dahl, a two-star general, to lead an investigation into the circumstances of Bergdahl’s disappearance and capture.

Congress will also investigate the prisoner swap. There is simply no place for Taitz in this business.

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.