Orders were issued by Judge Henry T. Wingate of the United States District Court for the Southern District of Mississippi yesterday (March 31) that dealt with the remaining issues in Taitz v. Democrat Party of Mississippi. The 2012 case has been mired in the proverbial Mississippi mud for some time, but has finally reached resolution.
In his 64-page waste of judicial resources order Dismissing Plaintiffs’ Complaint, Judge Wingate provided a history of the proceeding.
Wingate ruled:
- The additional evidence Taitz submitted January 21, 2014, is disregarded because it is immaterial to her ballot challenge, and does not remedy her lack of standing.
- The court dismissed the Onaka/Fuddy motion as moot.
- The motion to bifurcate, the motion for an evidentiary hearing, and Mr. Grinol’s motion to intervene are all dismissed as moot.
- No individual injury was alleged in the case due to Obama being on the ballot.
- Taitz did not file a timely primary election challenge under Mississippi law or if she did, her petition to the court for review was not timely. That challenge, as well as her email challenge to the General Election ballot is dismissed for failing to comply with the state statutory prerequisites (not timely, and no bond posted).
- The Mississippi Secretary of State has no duty to vet candidates for office.
- Citing several Obama eligibility cases under the topic of “political question,” the court said “…this court can find no authority in the Constitution which would permit it to determine that a sitting president is unqualified for office or a president-elect is unqualified to take office.”
- Taitz did not allege any facts that would support her RICO claim against the Mississippi Secretary of State.
- The Secretary of State’s motion for judgment on the pleadings is granted.
- Many Obama eligibility cases are cited on the question of standing. The “candidate” plaintiffs, Lax, Roth and MacLeran did not seek to be on the Mississippi ballot or to receive their party’s nomination, and so lack “competitive standing.” The court can provide no remedy for alleged threats from anonymous third parties.
- Taitz had no authority to issue the subpoena she sent to Hawaii because she’s not admitted to the bar in Mississippi, nor in Hawaii.
- “…the plaintiffs’ complaint and RICO statement are far from a model of clarity.” “Further, plaintiffs have deluged the court with documents brimming with accusations, conclusory statements, and general attacks.” “…plaintiffs have thrown a haystack at the court, expecting the court to find a needle therein.”
- The RICO complaint failed to allege any harm to Taitz’ business as a result of specific illegal acts by the defendants (the Mississippi Secretary of State RICO claim already dismissed at this point).
- No standing for the RICO suit. Dismissed.
In summary:
The court has reviewed the extensive and jumbled pleadings by the plaintiffs. … The court is not persuaded that the plaintiffs have asserted any viable causes of action. This court, thus, dismisses the plaintiffs’ claims.
Slightly off topic, but Dr. Taitz reports her Mississippi case was dismissed by Judge Wingate and she does not plan to appeal. She sounded totally deflated.
Judging by her very short reaction, it seems to have taken the wind out her sails. 🙂 She didn’t even try to spin it.
Some smackdown language in the dismissal order:
Plaintiffs have essentially asked this court to make their arguments for them; in common parlance, plaintiffs have thrown a haystack at the court, expecting the court to find a needle therein…Although this court construes pro se pleadings liberally, this court is not the plaintiffs’ attorney, and this court will not read the
pro se pleadings so broadly as to include a cause of action not alleged…Further, while Taitz is acting pro se as a plaintiff here, she is a licensed attorney and presumably should have the requisite skill and competence to prosecute a lawsuit.
about effing time.
Long past effing time. The lack of effing sanctions is even worse.
No necessarily. I am hopeful that Scott Tepper will now ask for sanctions. I wasn’t expecting Judge Wingate to sanction Orly sua sponte.
Wonder if Judge Wingate was just getting some Spring cleaning done? Throwing out the trash and dusting out the files. 😀
I think that is key language in any future demand for sanctions.
I think it is awfully presumptious to assume that Orly has “the
requisite skill and competence to prosecute a lawsuit.”
I think what the judge was saying in so many words is, that it is a rebuttable presumption that Orly possesses the requisite skill and competence to prosecute a lawsuit — but that Orly successfully rebutted the presumptioni.
There is one piece of business remaining: Lax and Taitz sought sanctions against each other. They are each to inform the court whether she intends to pursue sanctions against the other.
Since it seems like it was the settlement offer from Tepper and Begley that stirred this pot, I’m guessing that both of them will tiptoe away from it as quietly as possible.
As much as I’d like to see Orly severely fined for her vexatious litigation, if she gets the message to shut up then the threat did some good. In an ideal world, none of us would hear about Orly ever again.
Orly keeps batting 1,000. She’s the best Obot, ever!
I’m not sure I’d jump to the conclusion that the Mississippi case was Orly’s Swan Song or that she’s finished birfing in the courts. Keep in mind that she filed a new case only a week ago (Taitz v. Koskinen) wherein she birfs to beat the band.
I sincerely hope that Begley & Tepper pursue a Section 1927 Motion for Sanctions but, naturally, that decision is ultimately one that their clients must make.
Also too, Section 1927 sanctions are imposed on attorneys rather than litigants so a threshold issue is whether the court is likely to find that Taitz is to be treated as a lawyer when assessing her vexatious conduct. That alone would be fun to watch.
Maybe so, but I just love seeing her sulking.
Is there an April fools open thread?
This is an outrage I tell ya! An absolute gut-wrenching, universe-shattering outrage! Where is that one honest judge when you need one? 😀
You may post April Fools material on the OARPA newsletter.
Oh, my mistake: I thought I’d read that part of the reason for the delay was probably that the judge would also be ruling on requests for sanctions.
It’s good to hear that we might yet get to see Orly begging for money to pay the price of her incompetence. Thanks.
As far as I can tell, the defendants haven’t asked for sanctions yet. I believe that Orly asked to have the defense attorneys sanctioned, and I also believe that Orly and Lax asked for sanctions against each other, but the only time Tepper and Begley talked about sanctions was when the offered to settle the case with Orly.
I hope that they follow through on their threat to ask for sanctions against Orly. If they drop it, she’s going to write off future threats as hollow ones.
I concur, but: haven’t we seen (a) that she is filing tax returns separate from her husband, (b) claiming she is too poor to fly to Texas, (c) sounding totally deflated; and (d) having one of her Texas cases shipped to California (where it might go, I’m guessing, to the judge who previously ruled against her? I don’t expect her ever to give up but the events of just the last few days have to be dispiriting. I would not discount the possibility that she had advance warning of Judge Wingate’s decision, which led her to file the new Texas case, but then, perversely, she has yet to mention it. It was as if she wanted to make sure she had a birther case in play somewhere, but then why not advertise? Where is the press release to the 900 million news sources who follow her?
And she now runs endless articles about Iran, including a reference to an article which quotes a retired admiral saying that Pres. Obama should be impeached, apparently for an agreement he has not yet reached. She can’t get a single Congressman to introduce an impeachment resolution for his immigration policy or Obamacare, but now she wants him impeached because he might propose something that has no chance of approval in Congress.
I think she’s getting worse. This can’t be missed by the folks who live with her.
I called her, told her I was the forger, and….she screamed at me! Can you believe that?
Yeah that no one believes you, imagine that
Yes, I believe that. Did she let you finish?
I thought she was always pretty bad.
That’s got to be the funniest thing NRO has said that I can remember, and about the only thing she’s ever said that I would believe. I think they deserve each other personally, but that’s just me.
What makes you think she is actually living with anyone, can you imagine actually spending quality time with here??? Un uh, I don’t think so.
I hope you recorded the conversation. I would love to hear it – at low volume of course.
With me?
We’ve been together going on 26 years now, thank you very much.
The Birthers are not objective students of history in so many ways. Winston Churchill reportedly called off plans to assassinate Hitler during the last two years of WW2, because Hitler had assumed military command and was incompetent at it.
If the Birthers were correct in their charges against Obama, he could mount no more certain effective defense than Birther incompetence always seems to provide.
I believe that John Reilly was referring to Orly, not NRO.
Rickey and Notorial Dissent: I was referring to Dr. Taitz, but I could just as well written that about some of our other friends, such as NRO, Syphillis and Obliged Racist.
I see, however, I was wrong and in the spirit of this site, I admit it. Dr. Taitz is back. Her action with respect to immigration is the direct cause of pay increases at McDonald’s and Wal-Mart. And, any day now, Judge Hannen may rule on her identity theft claims. Or so she says.
Benji Franklin:
“If the Birthers were correct in their charges against Obama, he could mount no more certain effective defense than Birther incompetence always seems to provide.”
That’s the way that I see it.
My apologies, what I get for replying when I’m half awake/asleep.
I think Smrstrauss is getting a little tired debating “jurisdiction” and the alleged quotes of the 14th Amendment writers and “American common law” over at
http://www.dcclothesline.com/2015/03/29/obama-was-hand-picked-was-not-a-natural-born-citizen-congress-knew-it-and-tried-to-protect-him/
and would welcome the contributions of anyone.
A reality TV show featuring NRO and her family would be fascinating, in a train wreck sort of way.