The tale of two judges (updated)
One could get dizzy from all the spin put on Judge Carter’s remarks in court yesterday and the subsequent orders in Barnett v Obama. I’m going to take the position that all federal judges basically follow the law, but they may vary in style. I thought Judge’s Carter’s style might be better understood by contrasting it with another Federal judge, presented with a similar case.
The case is Hollister v. Soetoro, the court District of Columbia District Court and the Judge, James Robertson. Hollister was Phil Berg’s case, the “interpleader” case in which he tried to force the court to decide who was really president, Obama or Biden, using a trick from contract law. Berg’s 1st Amended Complaint was filed February 11, 2009 and the same day Judge Robertson issued an order “that defendants need not respond to the amended complaint and that plaintiff’s response to the motion to dismiss is due 2/13/09″. A few motions went back and forth, but the result is that on March 5, less than one month after the amended complaint was filed, the judge dismissed the case.
Judge Robinson declared that the “interpleader” case was “frivolous”. He said:
This case, if it were allowed to proceed, would deserve mention in one of the books that seek to prove that the law is foolish or that America has too many lawyers with not enough to do. Even in its relatively short life the case has excited the blogosphere and the conspiracy theorists. The right thing to do is to bring it to an early end. [Emphasis added.]
Judge Robinson, it seems, is unwilling to waste the court’s time on frivolous lawsuits.
In contrast, Judge David O. Carter seems a more patient sort. He is giving Orly Taitz explanations as to what she does wrong, and even tried to assist her in accomplishing service. He is going through all the forms including scheduling a trial date, even though there may be no trial. Whatever his personal view of the merits of the lawsuit, he is acting in a very measured and objective fashion. On the one hand he promises not to summarily dismiss the case on a technicality (giving glee to the Orly tribe) but on the other hand suggesting that there will be no discovery until the motion to dismiss is dealt with, and leaving a none-too-subtle hint to the US Attorneys that a motion to stay discovery might be in order. [I think part of the confusion here is on the definition of technicality. I suppose failure to meet a deadline for service is technical for one side, and not having standing is considered technical by the other.]
Carter’s even-handed language may lead those of us itching for resolution (either trial or dismissal) to read too much into his statements. In the end, I am confident that he will follow the law, and Orly, if she pays attention, might get a bit of a legal education in the process.
Latest on Liberi v. Taitz
Liberi v. Taitz is an internal squabble between several Obama denialists (including Phil Berg, Orly Taitz and Ed Hale). This is not my cup of tea. However, if you want to follow it, these are the latest orders. The big “news” is that Lisa Liberi’s social security number will remain posted on Orly’s web site in the infamous Dossier #6.
| 08/10/2009 | 96 | ORDER THAT PLFFS’ MOTION FOR TRO (DOC #83) IS DENIED. ( SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/10/09. ) 8/10/09 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(gn, ) (Entered: 08/10/2009) |
| 08/10/2009 | 97 | ORDER THAT NON-PARTY MOVANT J. JOHNSON’S MOTION TO DISMISS WITH PREJUDICE AND TO ENJOIN (DOC #74) IS DENIED WITH PREJUDICE. ( SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/10/09. ) 8/10/09 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(gn, ) (Entered: 08/10/2009) |
| 08/10/2009 | 98 | ORDER THAT DEFT ORLY TAITZ’S MOTION FOR SANCTIONS (DOC #91) IS DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED THAT ORLY TAITZ’S OMNIBUS MOTION (DOC #93) IS DENIED AS MOOT TO THE EXTENT THAT IT SEEKS A CONTINUANCE OF HEARING, WHICH WAS SCHEDULED FOR 8/7/09, AND DENIED TO THE EXTENT THAT IT SEEKS A DISMISSAL OF PLFFS’ COMPLAINT OR OF PLFFS’ MOTION FOR AN INJUNCTION OR TEMPORARY RESTRAINING ORDER. ( SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/10/09. )8/10/09 ENTERED AND COPIES MAILED TO UNREPS., E-MAILED.(gn, ) Modified on 8/10/2009 (gn, ). (Entered: 08/10/2009) |
| 08/10/2009 | 99 | ORDER THAT MR. THEODORE HOPPE, JR. ESQ.’S MOTIONS TO WITHDRAW AS COUNSEL FOR CERTAIN DEFTS (DOC NOS 88, 89 & 90) ARE GRANTED. ( SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/10/09. ) 8/10/09 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(gn, ) (Entered: 08/10/2009) |
When will the Birthers be happy?
Once again, we read a long discussion, with a rational-sounding style, laying out the facts, so it appears, about citizenship in the United States. Is it reasonable and is it true?
Our guest commentator has doubts, and responds to When will the Birthers be happy?
ARTICLE SAYS: World Net Daily, has actively covered many of these issues relating to Obama’s eligibil[i]ty over the last 8 months and have a collection of all eligib[i]lity related articles. See http://bit.ly/147bkD
RESPONSE: Interesting to note that, before the issue seemed such a potential publicity boon, WND reported that its own experts determined the COLB to be authentic:
“OBAMA’S CERTIFICATION OF LIVE BIRTH UTILIZING FORGERY EXPERTS ALSO FOUND THE DOCUMENT TO BE AUTHENTIC. The investigation also revealed methods used by some of the bloggers to determine the document was fake involved forgeries, in that a few bloggers added text and images to the certificate scan that weren’t originally there.”
WND also reported that the claims that Obama lost any hypothetical American citizenship he had as a child is not supported by US citizenship law:
“In short, the suit claims Obama was not born an American citizen; lost any hypothetical American citizenship he had as a child [ITALICS IN ORIGINAL(Editor's note: This point is not supported by U.S. citizenship law)END ITALICS]; may not now be an American citizen and even if he is, may hold dual citizenships with other countries. ….
Ron Polarik identified?
The Barackyphal Blog claims to have identified the figure behind Ron Polarik as Dr. Ronald Polland. What is remarkable, if this identification is true, is that the man behind the Ron Polarik mask really does have a PhD in Instructional Systems, albeit no credentials in computer imaging (which anyone who had the stomach to wade through his “analysis” knows).
I was all over Florida State graduates in Instructional Systems half a year ago, but somehow I didn’t find the fellow. I could kick myself!
Now if we could just prove that this fellow is a descendant of the Bulgarian financier Petko Strashnika, the identification would be cemented.
Here is the latest rant from Polarik in a post titled “We were warned…” over at the Free Republic site.
Update:
It appears that lawyer Phil Berg has confirmed the identification.
Further evidence Polarik is Polland!
With this additional information, I believe the Polarik/Polland association is proven beyond a reasonable doubt.
I have said many times in private that whoever outed Ron Polarik would be doing a tremendous service to the United States. Huge thanks to Loren at the Barackryphal blog for this.
Update:
Aha! The Bulgarian is Polland’s wife. So we come full circle.
I think Loren should be voted man of the year.!
Dr. Conspiracy challenged by MommaE
I went over to BlogRadio.com to see the Chalice show; Phil Berg, Lisa Liberi and MommaE were on talking about their lawsuit against Orly. I joined the chat room. I said something against the nObama grain and you’d have thought that I was Frankenstein’s monster and they were the villagers. BAN THE OBOT!
It was an incredible experience to be beset by so many people, throwing out so much fake information, and claiming they had proved me wrong with little more than “you’re an Obot”. They were sure my web site was full of false statements without so much as every being here! I kept asking over and over, “why do you think that” (Obama was adopted by Soetoro, Indonesia was a police state so Obama had to be adopted, only Indonesian citizens could attend school, etc.) None of them had a clue for a source on what they so fervently believed–except MommaE.
She joined the chat room for a minute after the live broadcast was over. She had a source. She said Obama admitted to being adopted by Lolo Soetoro on page 26 of his book, Dreams from My Father. So I looked it up; I have a copy of the book here. Nothing about adoption, and I said so. Oh, she said, it was in the FIRST edition of the book, which “is impossibly expensive to get”.
Well, I will say that page 26 in my copy is just a couple of pages before Chapter 2 starts, the chapter on Indonesia. Not knowing what to look for, I’m not going to try to find what I didn’t see the first time I read it. My guess is that Obama calls Soetoro his “stepfather” at some point, which, of course, doesn’t imply adoption.
LIBERI et al v. TAITZ et al
Liberi v. Taitz
In a move long anticipated, Philadelphia lawyer Phil Berg, anti-Obama activist and judicial candidate has filed suit against Orly Taitz on behalf of individuals who have come under attack recently by California lawyer and anti-Obama conspiracy theories promoter Orly Taitz.
Orly Taitz frequently makes published assertions that two people who share the same name are the same person (like Barry Soetoro and Soetoro Moestabjab), and in this case Lisa Liberi, Phil Berg’s, associate may be the victim of just such a false association with a New Mexico felon having a similar name.
Also, former webmaster of Orly Taitz’s blog, Lisa Ostella, the recipient of all sorts of accusations related to the handling of former Orly blogs and the funneling of PayPal donations, is suing. We’ve reported here on the Ostella accusations before.
A complaint was filed and it looks like a request for a temporary restraining order. The full list of plaintiffs are: LISA LIBERI, PHILIP J. BERG, THE LAW OFFICES OF PHILIP J. BERG, EVELYN ADAMS ["MommaE"], LISA M. OSTELLA and GO EXCEL GLOBAL with defendants: ORLY TAITZ, DEFEND OUR FREEDOMS FOUNDATIONS, INC., YOSEF TAITZ, THE SANKEY FIRM, SANKEY INVESTIGATIONS, INC., NEIL SANKEY, JAMES SUNDQUIST, ROCK SALT PUBLISHING, LINDA SUE BELCHER, EDGAR HALE, CAREN HALE, PLAINS RADIO NETWORK, BAR H FARMS, KPRN AM 1610 [Plains Radio]. (more…)
