The somewhat complex litigation history of Taitz v. Colvin is admirably detailed in the Court’s detailed memorandum opinion. US District Judge Ellen L. Hollander declined to dismiss Taitz’ second amended complaint as moot, but rather ruled on cross motions from both sides for summary judgment.
Judge Hollander, a recent Obama appointee, examined in detail the parties’ allegations and representations to determined that, as a matter of law, a trial was unnecessary, and determined that summary judgment should be awarded in favor of the Social Security Administration. She also declined to forward Taitz’ allegations to a grand jury, saying:
…even assuming that 18 U.S.C. § 3332(a) provides district courts with discretion to present evidence to a grand jury or to appoint private litigants to present evidence to a grand jury, plaintiff has not provided a basis for me to exercise that discretion.
One can learn a lot about FOIA by reading the opinion.
This will surprise no one: Taitz’s suit (in Maryland) against the SSA was dismissed.
The relevant documents are here:
Favorite part of the Memorandum Opinion, so far (page 28):
“Plaintiff’s “request under 28 USC 1002 for examination of the original (wet ink) SS
-5 of Harry Bounel in light of evidence of forgery and fraud in other IDs” will be denied. In the first instance, the United States Code does not contain a 28 U.S.C. § 1002.”
Orly believes that her case is still alive because Judge Holllander denied the defense’s Motion to Dismiss, overlooking the fact that Judge Hollander also granted Summary Judgment in favor of the defendants and ordered the clerk to close the case.
She is truly the world’s worst lawyer. In fact, there have been phony lawyers who never went to law school who were better lawyers than Orly.
I have met “jailhouse lawyers” who were very much better lawyers than Orly. What they didn’t yet know about the law, they were eager to study and learn. Huge difference.
The case was not dismissed. There was a summary judgment against Taitz.
Ouch! That’s embarrassing.
Objection; assumes Taitz is capable of feeling embarrassment, in the face of overwhelming evidence to the contrary.
I agree. That was a very detailed and well written opinion written by Judge Hollander. She also addressed why Taitz (like Vogt from whom she stole the idea) cannot take a claim directly to the grand jury via a federal court.
Wow what a terrible week for Birthers! Next on the chopping block will be Doug Vogt’s “masterpiece.”
Nicely written opinion. Clear as a bell.
I’m on the floor, rolling around, laughing so hard I can hardly breath….
I expect BR to ramp up the “WE’RE WINNING! HONEST!!!” articles as a result.
That was my favorite part too. The rest of that paragraph is good too:
“In the event that plaintiff is attempting to state a cause of action under the Best Evidence Rule, Fed. R. Evid. 1002, no such cause of action exists. As discussed, the Best Evidence Rule is a rule of evidence that applies during a trial in federal court. It does not give rise to a cause of action.”
Yes. As you have noted, Judge Hollander entered a judgment for the defendants on the merits.
But in the old bat’s mind, she hasn’t lost this one yet! *facepalm*
“Press release: Judge Hollander issues an opinion on only a part of the FOIA request, which necessitates more FOIA filings”
From her press release, here are the first five items on Taitz’s list of things to do now:
“At this junction Taitz is undertaking several actions:
1. filing a motion for reconsideration and a motion for hearing and/or trial
2. will provide additional argument of best evidence rule
3. will provide additional argument on all the evidence of fraud in Obama’s IDs presented to the judge and omitted by the judge from her argument,, when she claimed that SSA acted in good faith
4. Taitz will submit a new FOIA request for info to the SSA seeking SS-5 for Harry (Harrison) Bounel without any other info
5. Will submit a request to US Attorney for Md, Mr. Rosenstein, seeking to forward all the evidence to the Grand Jury and will report to the judge on his willingness or unwillingness to do so, as well as a request or an ex-relator status, if he shows unwillingness to forward evidence to the Grand Jury.”
p.s. I love how she wants to argue the best evidence rule again, now that the Judge gave her the cite.
Pretty good control of the keyboard though.
Admittedly, this part of Judge Hollander’s ruling is a bit obscure:
“I will also deny plaintiff’s various other requests for relief.”
What part of “The clerk is directed to CLOSE this case” does Orly not understand?
Bwahahahahahahahahahahahahahahahahahaha! OMG, I can’t stop laughing.
I haven’t read it, but I assume there were no sanctions issued as they would be mentioned in this post? Sadly so, if no sanctions were issued. Orly needs sanctions, and lots of them.
Give her a couple of months, she’ll catch up and finally figure it out. LOL
No sanctions. I did however have a dream about Orly Taitz last night that involved an automobile and an unloaded hand gun.
Maybe you had better keep that to yourself. LOL I don’t want anyone accusing you of causing her to go postal.
Unrelated topic, but isn’t today the Spring in America day, or whatever they call it? Where 10, er (Million) patriots are supposed to flood DC?
My estimate is 100. Are there any live feeds to DC where we can hopefully spot them?
I dunno, suspiciously the “official live feed” that birther report is touting is offline. If I had to make an educated guess, its because an embarrassingly small number of people showed up.
And so tomorrow they can claim the 10 million were there (but somehow forgot 1 million was supposed to stay until Obama steps down) but “they” disabled or manipulated all live streams (the BR crowd is already tooting that horn, knowing that there will be nothing to see).
Doc listed a few in this article…
Here’s the DC Department of Transportation’s website with 26 cameras
I’ve checked a half dozen in the central area and don’t see anything out of the ordinary.
The weather has been pretty bad in the metro area with a lot of rain and flooding so I suspect that will end up being the excuse……for today.
Examples on RawStory of people on Twitter #OperationAmericanSpring mocking the revolutionaries:
“Hey everybody, I found #OperationAmericanSpring! No, wait, this is a family of five, tourists from Des Moines. Never mind!”
Some of the twitter stuff is comedy gold.
These OAS videos look like perfect candidates for LiveLeak.
Such a comedian.
This site was broadcasting live video today. It has kept them for viewing. http://misguidedchildren.com/politics/2014/05/operation-american-spring-live-video/20663?ing-live-video/20663
videndi ipsos loquuntur