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This is the way Taitz v. Democrat Party of Mississippi ends: with a whimper

Orders were issued by Judge Henry T. Wingate of the United States District Court for the Southern District of Mississippi yesterday (March 31) that dealt with the remaining issues in Taitz v. Democrat Party of Mississippi. The 2012 case has been mired in the proverbial Mississippi mud for some time, but has finally reached resolution.

In his 64-page waste of judicial resources order Dismissing Plaintiffs’ Complaint, Judge Wingate provided a history of the proceeding.

Wingate ruled:

  • The additional evidence Taitz submitted January 21, 2014, is disregarded because it is immaterial to her ballot challenge, and does not remedy her lack of standing.
  • The court dismissed the Onaka/Fuddy motion as moot.
  • The motion to bifurcate, the motion for an evidentiary hearing, and Mr. Grinol’s motion to intervene are all dismissed as moot.
  • No individual injury alleged in the case due to Obama being on the ballot.
  • Taitz did not file a timely primary election challenge under Mississippi law or of she did, her petition to the court for review was not timely. That challenge, as well as her email challenge to the General Election ballot is dismissed for failing to comply with the state statutory prerequisites (not timely, and no bond posted).
  • The Mississippi Secretary of State has no duty to vet candidates for office.
  • Citing several Obama eligibility cases under the topic of “political question,” the court said “…this court can find no authority in the Constitution which would permit it to determine that a sitting president is unqualified for office or a president-elect is unqualified to take office.”
  • Taitz did not allege any facts that would support her RICO claim against the Mississippi Secretary of State.
  • The Secretary of State’s motion for judgment on the pleadings is granted.
  • Many Obama eligibility cases are cited on the question of standing. The “candidate” plaintiffs, Lax, Roth and MacLeran did not seek to be on the Mississippi ballot or to receive their party’s nomination, and so lack “competitive standing.” The court can provide no remedy for alleged threats from anonymous third parties.
  • Taitz had no authority to issue the subpoena she sent to Hawaii because she’s not admitted to the bar in Mississippi, nor Hawaii.
  • “…the plaintiffs’ complaint and RICO statement are far from a model of clarity.” “Further, plaintiffs have deluged the court with documents brimming with accusations, conclusory statements, and general attacks.” “…plaintiffs have thrown a haystack at the court, expecting the court to find a needle therein.”
  • The RICO complaint failed to allege any harm to Taitz’ business as a result of specific illegal acts by the defendants (the Mississippi Secretary of State RICO claim already dismissed at this point).
  • No standing for the RICO suit. Dismissed.

In summary:

The court has reviewed the extensive and jumbled pleadings by the plaintiffs. … The court is not persuaded that the plaintiffs have asserted any viable causes of action. This court, thus, dismisses the plaintiffs’ claims.

Notes from the infectious disease ward

UPDATE: Orly’s site is entirely down now. [5 PM EDT, 2 July 2014]

UPDATE 2: It’s back up.

This the third day since Google again identified OrlyTaitzESQ.com as an attack site, passing on malware to visitors. I take such warnings more seriously than I used to. Here’s a taste of what’s going on at the Taitz web site obtained through the browser on my phone.

Taitz continues to focus on immigration issues with this headline yesterday:

  • Response from Attorney Orly Taitz to Obama’s today’s speech: our immigration system is not broken, the only thing that is broken, is the path of neuron connections in Obama’s brain. Obama did not need to dispatch Biden to Central America to search for the cause of the problem, he had to dispatch himself to the nearest mirror

Taitz is praying for more Republicans to drive drunk in this item about Pete Perry who was quoted on this blog yesterday. The title of the article is:

  • As some of you may be aware by now, Hinds County GOP chair Pete Perry, a man that many believe is behind the shenanigans on June 24, was arrested for speeding and drunk driving this past Saturday night. Here is his mugshot. Hopefully there will be more pics like this in the future! We can only pray!

 

Continue Reading →

Voter fraud (or the lack thereof)

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The “facts” depend on what side you’re on

My own opinion is that the stability of American society stems from a widespread belief that if we don’t like something, there are peaceful ways to effect change. Obviously not everything is fair and the playing field is not level, but folks think they have a chance. Some disagree and are all for storming the White House, at least they are when writing on the Internet, exemplified by such graphics as the one shown above.

These days birthers are among those who believe that elections are not fair, that there is massive voter fraud. Many birthers believe that Barack Obama didn’t really win his elections. Orly Taitz alleged a stunning number of fraudulent votes in her California Senate race in 2012, although she never identified anyone who voted illegally.

It is in the nature of the conspiracy theorist to suspect a conspiracy behind every unusual event, and we see that in a recent article from Orly Taitz about the Cochran/McDaniel runoff Senate race in Mississippi. Thad Cochran is the long-term incumbent US Senator from Mississippi who received 0.5% fewer votes than state Senator Chris McDaniel in the Republican Primary. (I wrote about this race briefly in my article, “Cloward and Piven were from Manchuria?”) In the runoff election, things were reversed with Cochran the winner by 6,693 votes out of almost 400,000 votes cast. The runoff election was marked by an unusually high voter turnout (20% more votes in the runoff than in the primary election). There is a detailed analysis of the election results in this paper, “Mississippi Primary Runoff Election, 2014: Republican Primary Election Runoff, Cochran (i) v. McDaniel” from the John C. Stennis Institute of Government and Community Development. Continue Reading →

Orly’s lost luggage

Today is an important day for Orly Taitz in Mississippi. The hearing on motions to dismiss  and for judgment on the pleadings from all of the plaintiffs, the Mississippi Democratic Party, the Secretary of State of Mississippi, the Hawaii Defendants, President Obama et al. is scheduled for 1 PM (Central Standard Time, UTC-6).

The case hasn’t gone well for her so far. I can only assume that Taitz filed suit in Mississippi because she thought the political climate there would be more amenable to attacks against a black President. Wrong! Like most birthers, Taitz believes that her prior losses were due to drawing the wrong judge, not because of lack of merit in her cases. Not only did this case, Taitz v. Democrat Party of Mississippi, become largely moot because of her own actions, she encountered unexpected strength in the opposition, from attorneys Begley and Tepper, and she drew a very competent federal judge, Wingate. Wingate ruled against her pro hac vice admission to practice in Mississippi. Orly’s other Plaintiff’s have not held up their side of the suit. Tepper seems motivated to do more than just get this settled in the defendants’ favor, but also to recover costs, and as to Taitz’ one-woman legal jihad against the President, shut that whole thing down.

TAITZ LOSES SUIT(case)

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So today is the big day when 9 months of labor come to a head—and Orly has lost her luggage. Do people still check luggage for an overnighter? Apparently Orly does. Airlines warn you not to put anything critical in checked luggage, things you cannot do without, like medications, legal papers and your black lawyer dress. Orly says she will have to appear in Court in jeans and without her papers.

Sources indicate that there will be extensive Obot reporting from Mississippi and we’ll look forward to that, I hope later today. This lost luggage will have a significant impact on one of the most important aspects of the hearing, the fashion report.  I hope everybody brought coats; it’s 34 degrees in Jackson this morning.

Information:

Following is an opposition motion to the dismissal filed by Taitz on Nov. 14.

Continue Reading →

Going after Orly

Two significant events in Orlyworld occurred in the last few days following her shut-out loss in Indiana. The first was a loss in Orange County California Superior Court on November 1 in which she attempted to bully Occidental College into providing copies of the college records of President Obama. She lost that battle and it cost her $4,000 in sanctions to compensate Occidental College for legal fees. I wrote about this story based on the legal filings in the case. Now you can hear the story from the perspective of Occidental attorney Jay Ritt in a fascinating interview in the first hour of Reality Check Radio, which you may listen to through the player at the end of this article or at Blog Talk Radio. Mr. Ritt emphasized that while Barack Obama is the college’s most famous student, they would have mounted the same vigorous defense of the privacy of any freshman on campus today.

Taitz essentially told the court that none of the court rules and statutory legal procedures apply to her pursuit of Barack Obama, because he is a terrorist.

The second major event was a telephonic conference between Taitz and lawyers for the The Hawaii  defendants, Barack Obama, Nancy Pelosi, the Mississippi Democratic Party Executive Committee and Obama for America. There is an account of that conference compiled from attorneys’ notes at the Oh, For Goodness Sake blog that makes for very entertaining reading. The recap shows Taitz being caught time after time not being honest with the court. Attorney Scott Tepper who participated in that conference call representing President Obama, OFA, Nancy Pelosi and the Mississippi Democratic Party, was the guest for the second half of the Reality Check Radio program. A hearing for all parties in the Mississippi case to argue the Motion to Dismiss and the Motion for Judgment on the Pleadings will be heard November 16 at 1 PM. This may be the place to be for folks interested in Orly Taitz.

Listening to tonight’s RC Radio discussion, and having watched Orly Taitz in person, I come away with two distinct impressions of Taitz and it is regrettable that no court recording was done in either case this past week to help me sort them out.

Clueless?

First, it is not clear whether Orly has ever even served a defendant properly except perhaps in the case of Barnett v. Obama where Judge David O. Carter told Taitz to sit down with the US Attorney that was in Court and to get it done. An attorney who can’t even serve a complaint could be described as clueless. They say that in Court, she doesn’t even sit at the right counsel table. It seems that she is lost in Orlyworld’s paranoid waking dream, where she is the hero hacking and slashing the orcs and goblins (opposing attorneys and judges) on a quest to slay the demon king (Obama). There is a total disconnect with how the law actually works and no concept of how inherently nonsensical her conspiracy theories are.

“Legal Terrorist?”

That’s the phrase Scott Tepper used. In the accounts of Orly’s recent conduct, there were signs that Orly is not clueless, but rather intentional in her attempts to verbally bully and threaten judges and opposing counsel into letting her get her way. It succeeded in getting her a trial in Indiana, and getting unqualified witnesses to testify, although the trial was ultimately stricken. It didn’t work in Orange County or in Mississippi this past week.

Clearly attorneys have had enough of Taitz and are going to get serious about trying to shut that whole thing down. Tepper hinted at a “six-figure” sanctions motion in Mississippi and a move by unspecified parties to have Taitz declared a vexatious litigant in California soon.

We all have our visions, Orly of Obama driven from office in disgrace and her ultimate adulation as a national hero. My vision is Orly disbarred from the practice of law, barred from bring suits in California as a vexatious litigant, and subjected to crippling sanctions. Which vision is based in reality? Stay tuned.

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Daily Taitz

Only one Orly Taitz article allowed today

So on her web site Orly writes an article [link to Taitz web site] appealing to her readers, rather than spending 30 seconds on Google (keywords: zullo, japanese, mafia), to find the interview where Mike Zullo said that the Japanese Mafia was selling fake birth registrations in Hawaii in the 1960’s. Here’s my helpful reply, still in moderation:

Zullo made those comments on the Tea Party Power Hour program. There’s a video of it on YouTube

http://www.youtube.com/watch?v=IiTFfrm5jvY

The segment on the “Japanese registrations” appears about 7 minutes in.

I personally do not believe the story.

Of course we know that Obama was born in a hospital, and couldn’t have been registered by his granny. But birthers will be birthers.

In other Taitz news, documents are filtering in related to the case of Taitz v. Democrat Party of Mississippi. Apparently that legislative candidate in Hawaii, Larry Fenton, that Orly is so fond of may not actually know how serve summons any better than Orly does, or so alleges the “Motion to Dismiss” [and Memorandum] from the Hawaii Defendants (Alvin Onaka and Loretta Fuddy). Fenton apparently left his summons with  Audrey Gibo, a Department of Health secretary who was authorized to answer the phone, but not to receive service on behalf of Onaka and Fuddy. The case also must be dismissed as to those defendants for lack of personal jurisdiction (they don’t live or have business interests in Mississippi). Mississippi attorney Walter W. Dukes, who is representing the Hawaii Defendants,  noted that it took 172 days for Orly to even half serve them (federal rules require service within 120 days of filing a complaint). Reviewing the Court’s options: they can either dismiss the case, dismiss it, or order it dismissed.

Speaking of doing things late, Orly announced [draft on Taitz web site] that the David Farrar Primary Election objection in Georgia is being renewed for the General Election, almost two weeks after early voting has already started in Georgia. Taitz writes:

Inexplicably this court [Administrative Law Court in the original Farrar case] found that the evidence brought forward by 7 experts and competent witnesses at trial was “not convincing enough” and allowed Obama to stay on the ballot.

I would suggest that Taitz read the decision of Judge Malihi for a full explanation.