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Taitz transcribed, with typos

I noticed today that the transcript of the Taitz v. Johnson hearing on August 27 has been made available as part of the Jack Ryan collection at Scribd. As you may recall, the hearing was almost 4 and a half hours, and the transcript runs 170 pages.

The typo on page one was “Dr. Oraly Taitz.”

I trust that interested readers will view the text for themselves. I want to  start out with one quote from page 6 suggesting the effect Orly Taitz has on the legal system:

Let me finish.

— Judge Andrew S. Hanen

One area of interest is a question we have discussed here, exactly how Taitz knows she is treating illegal immigrants. The Court posed the question succinctly (page 27):

How do you – and you know these are alien children because of what? … Do they have some kind of form that’s filled out …

Taitz answers the second part first, saying the patients have a Denti-Cal card. Then she says:

I also take health history where they’re telling me that they just came in.

Taitz claims to have treated hundreds of these kids.

The majority of the transcript regards the questioning of three government witnesses regarding the processing and health screening of unaccompanied minors and family units. The Government, Taitz, and Judge Hanen all had an active role in that questioning.

The next important section is where Judge Hanen denies the motion for a temporary restraining order because he says that the Taitz complaint is not likely to prevail on the merits. Here is his carefully-worded statement:

And that’s – in doing that, I’m actually saying two things. One, questioning, Dr. Taitz, whether you have standing. And, two, while I’m doing that, I’m also questioning it in regards to what I can actually say is a fair reading of your complaint. And the reason I’m going to such lengths to explain that is I’m not positive that you might now, with a better drafted complaint – and I use the word better. I don’t mean that as a criticism. But as a more concise, directed complaint, you might be a good plaintiff or you might standing, but I don’t think you have standing based on what’s before the Court right now.

The Judge further stated that he did not need to hear from Taitz’ witnesses because nothing they could say would “cure your complaint.” Then, remarkably, Judge Hanen give hints (his words) on drafting the complaint. After suggesting she leave out the press reports and the political stuff, he said (having noted early on that Taitz had not alleged negligence):

The only way I see this going forward beyond that – this next stage is kind of what I was talking to Mr. Kisor earlier about, and that is, is if you’re going to have some expert support for your damages. Otherwise I don’t see you having standing even under an amended complaint.

Now, I know that – I actually gave this some thought before the hearing because I was trying to figure out – it’s kind of the cart before the horse. Which do you hear first, the standing issue or – let’s say I rule on standing. The first thing Mr. Hu is going to do – and he’s an old medical malpractice lawyer, and I know what he’s going to do. He’s going to file a motion for summary judgment, saying, hey, you’ve got no proof of this. And unless you have medical proof that somehow these acts caused injuries, you lose anyway.

So, I mean, I’m not necessarily being Carnac the prognosticator to predict that if you get by the motion to dismiss stage, you’re going to get turned around and hit with a motion for summary judgment. Quite frankly, a lot of times in these instances, I’ll just say I’m going to consider the motion to dismiss as a motion for summary judgment. And this is the kind of case I might do it in.

For an index to extended comments by an independent observer, Tomtech, see the end of my article “Unfunded mandate.”

6

Unfunded mandate

I think most Americans would agree that US Immigration Policy needs change and the law needs reforming. In the current state of gridlock in Congress, that is unlikely to happen, and the resulting fallout is in the news daily.

We see it here in the case of Taitz v. Johnson et al., where Orly Taitz has sued to stop the transportation and release of undocumented immigrant children pending court hearings on their eligibility to remain in the US as refugees. The problem, says a government witness in the Taitz hearing yesterday, is that the US Border Patrol has no jurisdiction outside of the United States, and cannot therefore stop undocumented immigrants from crossing the border and can only arrest them once they cross. A statute passed in the last days of the Bush Administration, the William Wilberforce Child Trafficking Protection Reauthorization Act of 2008, gives unaccompanied minor immigrants the right to a hearing, but the immigration courts are woefully underfunded, resulting in long delays. The legislation requires the government to place these children in the least restrictive setting, which in practice is release to a relative, or foster care.

Judge Andrew S. Hanen, judge of the Brownsville Division of the US District Court for the Southeastern District of Texas, doesn’t seem to like the transportation and and release of these children who are less likely than not to appear at their court hearing, and less likely than not to be allowed ultimately to stay in the US as refugees. Observer Tomtech, who was at yesterday’s hearing in the Taitz case, said that Judge Hanen appeared to be looking for a way to intervene, but concluded that nothing was likely to happen with Orly Taitz as attorney under the complaint she filed and therefore Judge Hanen denied Taitz’s request for a temporary restraining order and her admission to the Court Pro Hac Vice, removing the possibility for Orly to attempt to turn her case into a class action.

The 1:30 PM hearing lasted until almost 6 o’clock. A second hearing was scheduled for October 29th to rule on an injunction.  Judge Hanen has allowed Taitz to file an amended complaint by September 12, followed by the taking of depositions with the Court’s permission.

Read more:

Minute order on hearing:

Minute Entry for proceedings held before Judge Andrew S. Hanen. MOTION HEARING held on 8/27/2014. Appearances: O.Taitz, Atty/Plaintiff; D.Hu, AUSA; C.Kisor, AUSA;(Court Reporter: B.Barnard)(01:31-03:44/ 03:55-05:49). All parties present and ready to proceed. Discussion held as to pending motions. Oral argument held. Govts witness K. Oaks sworn in/ testified/ cross. Govts Exhibits #2,#3,#4 admitted. Defts Exhibit #1 admitted. Court Break. Court Resumes. All parties present. Govts Witness T.Brooks sworn in/ testified/ cross. Govts Witness A.Fierro sworn in/ testified/ cross. Govt concludes its presentation. O.Taitz addressed the Court. Court addressed the parties. Court DENIES the termporary restraining order. Plaintiff has until 09/12/14 to file amended complaint. Defendants have until 10/03/14 to respond either by answer or by motion to dismiss. Plaintiff may reply by 11/17/14. Injunction hearing will be held on 10/29/14 at 10:00 am. Initial Conference set for 10/28/14 is cancelled. Depositions to be taken after amended complaint and with Courts permission. Court adjourned., filed.(csustaeta, 1)