Farrar didn’t have a chance
I’ve read Judge Michael Malihi’s decision in the case of Farrar v. Obama and it is clear to me that David Farrar didn’t have a chance. Farrar’s claim, presented by his attorney Orly Taitz (pictured right), was that Barack Obama has a forged birth certificate, a fraudulent social-security number and a false name. That’s a pretty substantial claim and ought to require some serious evidence. Orly Taitz called witnesses, but since her legal skills are abysmal, she didn’t bother with details like establishing the qualifications of her witnesses, or validating their methodology. Judge Malihi pointed this out multiple times in his ruling, saying: “neither witness was properly qualified or tendered as an expert in birth records, forged documents or document manipulation.” Apparently just using Adobe Illustrator in your work doesn’t make you an expert (re: Felicito Papa).
Just as Obama’s attorney Jablonski forfeited his chance to refute birther claims because of his failure to appear, so Orly Taitz forfeited any chance of proving her claims because of her failure to establish the credentials of her witnesses and their methodology. She might as well have stayed in California for all the good she did.
I sat in the courtroom on the 26th and I yearned to be able to object to what I saw: unqualified witnesses and a total lack of rigor in the Plaintiff’s case. That needn’t have concerned me because administrative law judges in Georgia apply the rules of evidence themselves when they review testimony, and Malihi saw what I saw, nothing of substance. He wrote:
The Court finds testimony of the witnesses, as well as the exhibits tendered, to be of little, if any, probative value, and thus wholly insufficient to support Plaintiffs’ allegations.
Orly’s case was so bad that she lost when the defendant didn’t even show up.
I want to add just one thing before the birthers throw Orly Taitz under the bus as a scapegoat for losing the one case decided on the merits where they actually got to present witnesses in favor of the birther version of Obama’s origins. That is, not only did David Farrar not have a chance, Orly Taitz didn’t have a chance either because she could not have established the qualifications her witnesses if she had tried, nor any of the birther fraud witnesses that dance around the Internet, because they are not qualified. The whole birther movement is just a bunch of amateurs and cranks, Orly Taitz queen among them.
Well, Orly has already claimed ahe is Abraham Lincoln, Mahatma Gandhi and Joan of Arc. When the birfers go after her (like the two wo lost alongside her), she can now be Julius Caesar and shout “Infamy, infamy, they’ve all got it in for me!”
While Orly is certainly among the worst lawyers in history, F Lee Bailey, Clarence Darrow, Johnny Cochrane, David Boies and Ted Olson all working together couldn’t have won this case, because there is simply no credible evidence that the birth certificate is phony, no credible story as to how and why Ms Dunham would have travelled to Kenya to give birth and there is the certification of a sovereign state of the Union that the birth certificate is real. While good legal represenation is important, you shouldn’t expect to win when all the facts are on the other side.
I was reading without a problem, then I read this:
“Orly’s case was so bad that she lost when the defendant didn’t even show up.”
that’s the fourth keyboard I’ve lost here, I should stop drinking coffee while on your site Doc!
You get nothing, you lose, good day sir!
SHE LOST!!! SHE LOST!!! SHE LOST!!!
The article doesn’t say so, but is my feeling that Orly’s stock among the birthers is about to tumble. They are going to be looking for someone to throw under the bus, since they are incapable of realizing that they lose because they are wrong. They have to blame something else and In this case, it’s either Taitz of the judge. Since the judge essentially blamed Taitz for not giving him anything to work with, I think Taitz will be the scapegoat.
I’m just sort of thinking about how this all went down with Jablonski representing President Obama. There’s no evidence that he was representing anyone other than the Georgia Democratic Party, or that he had a direct line to the President, his WH aides, his campaign aides, or his personal attorneys.
Orly had been making a big deal that Obama should have been found in contempt of court. However, I’m just trying to understand that logic (of course it’s Orly we’re talking about). If someone tried a legal action against me in Georgia, and some random schmuck (who I’ve never talked to) defends me as an attorney of record in absentia in a Georgia court, does that mean I can be found in contempt of court because a subpoena for me to appear is delivered to this random attorney who isn’t even in contact with me?
It’s all rather new to me here. It’ as if Orly thinks the President actually cares what the heck she’s doing.
I thought that you should have learned that by now, but seriously, do I need a disclaimer somewhere?
You observed that birthers might be tempted to “throw Orly Taitz under the bus,” but from the comments I’ve read at Obama Release Your Records, most of the blame is directed at Malihi–who is characterized as either a) a coward who was intimated by Obama’s thugocracy, or b) a traitor who was bribed by Obama’s plutocracy.
If all you read was the Freerepublic thread on The Decision you’d think that today the United States of America just dissolved like cotton candy in a rainstorm.
mmmmm, cotton candy…
If anything, the birthers may begin to faction between those loyal to their perceived leaders. It is usually the beginning of the end when this happens. There are hints of it already.
It’s that sweet, chewy and enticing black licorice that scares them out of their musty cellars.
Only Jim Morrison can really do justice to a moment like this
Reality Check Radio Special at 9 PM EST tonight:
malihi is definitely going under the bus, for tossing hatfield and irion. as for orly …
Orly will go on pretending she is Queen of the Birthers as long as her husband funds her playacting.
Great reference! Loved the original Willy Wonka. Thanks… 🙂
Her ineptitude is just creating a further schism amongst the Birtheristani. Some will remain loyal to her, regardless. Birtherism is a form of Cult, after all. That is becoming more clear as the schism builds. The Cult of Orly might just split off from the Cult of Donofrio/Apuzzo…. but then again, the Birtheristani might just temporarily gnash and wail and then go back to continuing to repeat the same mistakes over and over and over again… so who knows if even those with current anger at Orly will remain angry at her or get back on the ZOMG! train with her for her next fail quest…. rinse and repeat…
Over at ORYR, the comments there had a few pro-Orly and a few slam-Orly responses. But the overall reaction was the same entirely predictable claims that the judge was bought off or a traiter and all the paranoid conspiracy clap trap like that. It was also chock full of the same tired old calls for arming themselves and civil war fantasy garbage too… so really, not much different than every FAIL they’ve had before…
dr c is on the raido now
Yeah, that is what I saw over there too.
There are also quite a bit of comments there from those who don’t understand how they could lose when the defense didn’t show up at all…and who totally continue to misunderstand what a “default order” can entail in this type of situation… LOL! Of course, that shocked reaction to this unique case is a bit more understandable than the typical angry Birther pablum from the rest…
As expected, a few of them just reveal their underlying true bigotry in their seething anger. Here’s just one example from ORYR to illustrate that:
Nice…this sick racist bigots war fantasy involves creatively adding an EMP bomb into the mix… yeah, because only the collapse of civilization will create a sick enough world for these twisted folks… *sheesh*…
Oh stop being ridiculous! They freepers and orly flying monkeys already said that President Obama called the judge and offered him a position in the next Obama Kingdom AND a pony. This is because they presented an airtight case! *snark*
Said lawyers would have definitely won their cases, because as competent lawyers they would have only chosen to represent the non-Orly side.
The President could have used the Chewbacca Defense and come out the same.
I enjoyed your conversation with “Sarge,” Dr. C. It was fun to hear a verbal representation of reason v. lunacy.
“I enjoyed your conversation with “Sarge,” Dr. C. It was fun to hear a verbal representation of reason v. lunacy.”
that was an example of a “One Way” conversation, hey but sarge’s a birther, all discussions are one way
Yeah, major kudos for RC for knowing how to manage time and mute Sarge from time to time, so others could actually attempt to respond to him.
Birthers really seem to lack social skills and not know how to handle actual conversations at all. They just ramble on and on in their anger and although they claim to want “answers”…they don’t really seem interested in getting responses…
Sarge is a good example of someone who is unwilling to listen and could use the occasional two-by-four upside the head.
Poor “Sarge” kept rattling on of trying to use every possible angle from Vattel to the founders to discounting WKA in order to claim that NBC didn’t “really” include all born on US soil. I’ll have to relisten to the full online broadcast of RC’s show when he gets it uploaded, but I think Sarge might have thrown in arguing against the 14th Amendment in the mix as well.
In regards to that, Ballentine just put up some excellent congressional record statements from the post Civil War time in regards to the proposed 14th Amendment, showing that the members of congress clearly understood that they were codifying that all born here were NBC in that process. Here’s the link to NBC’s blog, where he posted those fascinating statements today:
I suspect it will be more like the Great Schism of 1054. Both churches will essential have the same dogma but will have different leaders. Orly will be like the Pope, infallible in her pronouncements and no one but God above her. The others, as like the Eastern Orthodox, will be broken up but with the same theology and with different “bishops” as leaders. Both churches will compete for a shrinking number of devotees and of course for donations
Let it be known that gorefan is the one that broke it.
and at exactly midnight too.
OK, I know, he was the last post before the backup. But that post has layers, and wheels within wheels.
So the burden of proof is still on gorefan to prove he isn’t using 37 IP addresses to post here.
Thanks for pointing that out. The site didn’t go down at midnight, however. This means that content has been lost between the time of gorefan’s comment and when the site actually went down, about 11 hours later. I’ll check to see if any articles are missing!
So now Orly is now accusing Malihi of being a Muslim, who met Barack Obama (according to Orly, also a Muslim) when Obama was at Harvard. In other words, Malihi wasn’t intimidated or paid off, he was helping a fellow jihadist. The icing on the cake is Orly’s contention that Malihi once lived in the Connecticut zip code that matches Obama’s so-called fraudulent SSN.
Ah, the diseased mind of a pathological paranoid conspiracist must always spiral further down the rabbit hole of insanity…
It seems like only yesterday the Judge Malihi was the only honest judge in this whole country.
I have noticed, within the last month, Dr. Taitz has introduced a layer of security to her site. A Captcha (?) to remove spam ( really?!? I thought she personally went every comment, or made it herself.), and yesterday I see a section about copyright instructions. Why would she have such a thing? Is this a new ploy to raise money for her doomed campaign?
And is anyone actually du…….
Thoughts from the world where real people dwell?
In Birtherstan, all judges are honest until they actually follow legal precedent. At that point they become traitors.
Wake up, sheeple!