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Judge Wingate: not in a hurry

Photo of Judge Henry T. WingateThe Court told the parties that Judge Henry T. Wingate was going to issue rulings on the outstanding motions in Taitz v. Democrat Party of Mississippi yesterday. Orly Taitz filed a lengthy brief titled “Notice of new material facts” on the eve of the hearing, and the result was that no rulings were issued, and the Defense was given two weeks to answer Taitz.

I’ve read commentary highly critical of Judge Wingate for letting Taitz get away with this, but I would speak a little in his defense. According to the summary of the hearing I read, Judge Wingate had not had time to read Taitz’ brief. Wingate (who is a judge characterized by taking a long time to resolve cases1 anyway) reasonably postponed issuing the decisions until this new item was briefed. It is also possible that after reading Taitz’ brief, Judge Wingate could decide to throw it out as immaterial, although I do not expect that.

Taitz alleged improper conduct on the part of the judge in her brief. That’s a pretty serious allegation, and Judge Wingate actually defended himself by pointing out that he didn’t even know the person he was supposedly having a conversation with, at an event that didn’t happen. Such allegations, to this lay opinion, would weigh heavily in any future decision of misconduct on Taitz’ part, but also provide Taitz with an avenue for future appeal.

By allowing Taitz to issue subpoenas for the Internet records of the parties who allegedly provided her with the information of these conversations where Wingate was alleged to have said in regard to Taitz: “We’re making the bitch squirm a little first,” [link to comment at Taitz web site] Wingate will get into the trial record (one hopes) a deposition from whomever sent those emails to Taitz that indeed he made them up. This ties up a loose end, and makes the way clear for decisions to be issued in the case, untainted by allegations of bias.

While I am unhappy about the delay in Taitz’ case, I am not critical of the Judge who allowed it, and I for one would be interested in learning a little more about the “punking Orly” story.


1Ref. Judgepedia article on Henry Wingate.

Judge Wingate is a member of the US Navy reserve. A graduate of Yale Law School, he was appointed judge to the Southern District of Mississippi by Ronald Reagan in 1985, and has served as Chief Judge since 2003.

Congress rejects Grinols subpoenas

I’m rather proud that I learned how to spell “subpoena” and can do it repeatedly, without error and without consulting a dictionary. If I ever needed to have a subpoena issued, I would probably consult a lawyer, and if I did consult a lawyer, one lawyer in particular stands at the very top of the list of ones that I would not consult: Orly Taitz.

Except for “friendlies,” I am not aware that Orly Taitz ever actually got anything in response to a subpoena except the occasional rejection letter, such as the one she got  from the Maricopa County Attorney on behalf of Sheriff Joe Arpaio once.

I am one of the adherents of the “shiny object” theory of Orly Law, believing that Orly Taitz uses legal methods that sound impressive, that use Latin phrases, that other lawyers use and that have some tangentially similar shape to real legal methods. Certainly one of the more frequent methods employed by Taitz is the subpoena, most recently directed at members of Congress in the Grinols v. Electoral College case where the docket is becoming clogged with them. Taitz is suing the 535 members of Congress (among others) and seems to think that the US Attorney who has responded on behalf of federal defendants in the case should have individually notified each member of the suit. Taitz is demanding that a list of members she contacted answer a questionnaire about the representation.

The Office of the General Counsel of the US House of Representatives on behalf of 22 members of Congress has sent a letter to Taitz explaining to her 5 reasons why her subpoena is worthless, and why the members of Congress will not be responding.

Read the letter:

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Index to subpoenas in Grinols case

As a service to the readership, I am compiling this index to the revised subpoenas issued by Orly Taitz in the Grinols v. Electoral College case.

Specifically, Judge England in a January 18th order granting Defendants more time to respond and ordering Taitz to modify the subpoenas stated:

A-one week (sic) response time would be unreasonable at any time during the year…

So Taitz issued one revised subpoena on January 26, with responses due February 4 (6 business days later) to Barack Obama. Other revised subpoenas have not yet appeared on the court docket, but will be added here when and if they appear.

Also in this case, the State of California today (January 28) moved to dismiss the case as to them as moot and also filed this declaration.

Recipient Due Document Exists?
Barack Obama 2/4/12 Passport used to travel to Pakistan 1981-3 Maybe
    Birth Certificate on file at Kapiolani Hosp. Unlikely
    Certified copy of birth certificate Yes
    Microfilm of birth certificate Unavailable to Obama
    Occidental College registration Unlikely
    SS-5 Social Security Application Likely, but FOIA requests take a while
    School Registrations 1967-1969 showing citizenship Unlikely
    1968 passport Maybe
    Indonesian passports and immigration and naturalization papers No
    Kenyan passports and immigration and naturalization papers No
    British passports and immigration and naturalization papers No
Barbara Milkuski 2/4/2013 “Copy of any and all documents by ‘experts’, who according to Senator Milulski ‘authenticated’ birth certificate of Barack Hussein Obama posted on the WhiteHouse.gov Maybe
    True and correct copy of the original 1961 typewritten genuine birth certificate issued by the Health department of Hawaii. Yes. It’s on the White House web site.
       

 

Read more:

A tale of two media

Over the last few days, my Google alerts included two groups of articles. One group talks about Orly Taitz’ failed attempt to subpoena Barack Obama’s college records from Occidental in the Taitz v. Obama case in California. Those articles derive from the article “Taitz loses court case” from the The Occidental Weekly, the student news site of Occidental College. That article has the two great quotes from the hearing on the subpoena:

“You should know that evidence is not stuff printed from the internet,” [Judge] Margines said, responding to Taitz’s continued argument after he made the decision to quash the subpoena and award $4,000 in sanctions to Occidental College.

“I would like to take credit for a spectacular job preparing papers and going down to the Orange County Superior Court and arguing this case and getting sanctions, but I honestly believe a rhesus monkey could have beaten Ms. Taitz and got a sanction award based on the awful lack of merit to the subpoena itself,” [Jay] Ritt said. “And the case itself, from what I could tell, seems just ludicrous on its face.”

The other articles come from a totally different angle, exemplified by this one from The Inquisitr, “Orly Taitz Granted Subpoena For Obama College Records: Explains Significance to The Inquisitr.” That article talks about a copy of a subpoena obtained by Montgomery Blair Sibley in the District of Columbia, a subpoena that even he admits is not valid. Taitz published a copy of it. The Inquisitr interviewed Taitz, and readers here might want to follow the link above to read that fairly poor job of interviewing, and getting no quotes. The Inquisitr article derives from a far-right web site called Minute Man News, who appears to be republishing content from ObamaReleaseYourRecords, who in turn got the original story from Orly Taitz herself [Link to Taitz web site], but later backed down somewhat, although still maintaining, contrary actual court jurisdiction, that other subpoenas for Obama’s college records were valid.

The first group of articles are accurate reporting. The second are credulous retelling of misinformation.

Sibley subpoena for Obama college records

Photo of Montgomery Blair SibleyObamaReleaseYourRecords reports that Montgomery Blair Sibley (right) has subpoenaed  “all records” for Barack Hussein Obama, II, and Barry Soetoro held by Occidental College, in the lawsuit Sibley v. Alexander, and has referenced a copy of the subpoena from the Superior Court of the District of Columbia. Alexander is a presidential elector from the District, and I wrote about this case last month.

Rule 45 of the District of Columbia Superior Court Civil Procedure Rules covers subpoenas. Because the rules require court approval to serve a subpoena more than 25 miles from the District, Sibley filed a motion on November for the Court to appoint an “out of state examiner.” As of today, there is no indication that the Court had ruled on this motion. Also, because the records sought are protected by statute, Sibley filed a motion yesterday (December 3) asking the Court to order the protected records released. I do not know if the subpoena has actually been served. Sibley is an attorney (as I understand suspended from practice) and I will presume he knows how to get a document served. The subpoena itself will not stand because of 45(c)(3)(A)(iii) which says: “On timely motion, the Court shall quash or modify the subpoena if it … requires disclosure of privileged or other protected matter and no exception or waiver applies” and of course education records other than dates of attendance are protected by statute.

Recall that Orly Taitz was required to pay $4,000 in attorney costs to Occidental College for an unreasonable subpoena to Occidental College. The DC rules provide:

45(c)(1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The Court shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney’s fee.

There is nothing of relevance that Occidental College could tell the Court in this case, since Sibley does not allege that Obama is a foreigner, only that his father was.

What is of extra interest is that the place of delivery for the records specified is the law offices of an attorney in California named Taitz.

Update:

According to ORYR, Sibley says that the subpoena image came from Orly Taitz and represents only a draft. Here’s what he is quoted as saying:

"No it is not valid. Orly has run off prematurely. I did consult her about domesticating my DC Subpoena in California, but she only received a draft subpoena, not the one I have issued. So please disregard her posting.
In truth, I have issued subpoenas to Columbia, Occidental, Harvard Law, Social Security Administration, Selective Service Administration and the National Archives. Orly has nothing to do with those subpoenas. Service is pending and I will update everyone once I know whether service was successful." – Montgomery Sibley

Meanwhile, there is still no indication on the Court docket that any order regarding access to protected records has been issued. An Internet commenter under the name “A Real Lawyer” wrote:

A lawyer, even a disbarred lawyer like Sibley, should know that records cannot be obtained from federal agencies (SSA, SSS, National Archives) via subpoena. They must be requested through FOIA and if the agency denies the request, then a FOIA suit must be brought in the FEDERAL court, not a local court such as the Superior Court for the District of Columbia.

The Superior Court lacks enforcement power over federal agencies. Sibley knows this and is banking on the birthers to not understand his sleight of hand. Further, the DC Superior Court has no jurisdiction over Columbia or Occidental.

Docket entries for the case as of 1 PM December 5:

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Road trip!

The fresh, floral air energizes you. The warm, tranquil waters refresh you. The breathtaking, natural beauty renews you. Look around. There’s no place on earth like Hawaii.

HawaiiBeachOur intrepid “band of birthers,” Orly (“Let me feenish”) Taitz, Paul (“I know typewriters”) Irey, and Douglas (“Scanners? What a deal have I got for you!”) Vogt, is heading to Hawaii in just over a week with a laptop and a portable scanner to view and copy Barack Obama’s long-form birth certificate, reports WorldNetDaily. The Taitz subpoena from the Taitz v Astrue lawsuit, specifies August 8, the 50th anniversary of the registration of Obama’s birth by the Hawaii Health Bureau, for the viewing.

I’m afraid it’s going to be Kona weather1 for our travelers2. The State of Hawaii has already said in a response to an earlier Taitz subpoena that Hawaiian law prohibits them from complying, even if the subpoena were valid.

Surprisingly, Taitz is not optimistic about the trip, and according to her, did not intend to publicize it (Vogt and Irey spilled the beans to WND’s Jerome Corsi). Tatiz wrote about her prospects:

I personally did not arrange any press conference, as I expect last minute stone walling. It is my understanding that a New York Times reporter made plans to be there, but I have nothing to do with this preparation. Right now I am swamped over my head with a million things. My father is having a minor surgery and I do not expect to be in HI till the last moment. I am still having to spend enormous amount of time on this bogus law suit filed by Philip Berg, his local counsel Gary Kreep and his sidekicks Lisa Liberi and Lisa Ostella. This is an enourmous [sic] waste of my time, money and energy, which could have been used for something much more important, but the courts want me mirred [sic] in this for over two years now. I am sorry, I missed the interview on KOCE 1000. I did not sleep last night, had a terrible migraine and missed the call. I will record the interview and they will play it later or I will do it live in a couple of weeks.

If Orly can’t see the certificate, she has (undisclosed) plans “B” and “C.” Orly is much less sanguine about her chances than when on the 25th she described herself as, “on pins and needles.”


1Kona weather is a weather pattern in Hawaii when the trade winds stop blowing, a time associated with ill portents, bad feeling, and irritability. I use this solely as a metaphor for the travelers’ mood in response to inevitable failure seeing the birth certificate. In actuality, the Honolulu forecast for August 8 is winds 15 mph

NE.

2One Taitz commenter, Florence Stone, says that the Hawaii Deputy AG in charge of responding to the subpoena is on leave and that Health Director Fuddy had “left the island.” That was a couple of weeks ago.

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