Dr Conspiracy: The USA is not the CCCP October 31, 2009
Posted by Exploring the Natural Born Citizen Clause in Lawyers, Orly Taitz.comments closed
Dr Conspiracy has written an inspired editorial titled “The USA is not the CCCP”
Excerpt:
What Orly Taitz is trying to do through her lawsuits, public appearances and most of all on her web site is nothing less than the Sovietization of her followers. She wants Americans to believe that their government is essentially corrupt and the newspapers are all in on the conspiracy–basically imposing the milleu of the former Soviet Union on her fans’ perception of the 21st century United States.
Keyes v Obama – Orly denies asking her supporters to call the Court October 31, 2009
Posted by Exploring the Natural Born Citizen Clause in Keyes v Obama, Lawyers, Legal Cases, Orly Taitz.comments closed
Orly, in response to Judge Carter’s ruling asserted that
Another point – Judge Carter state in court and in his order that I told people to call him This is not true. Who told it to judge Carter? His new clerk, fresh out of Perkins Coie, law firm, that represented Obama, in some 100 cases?
Well, let’s see
On June 9, Orly published this article:
Please call the Central district court in CA, the clerk has to issue a default today. He has been dragging his feet since the 06.02.09.
Posted on | June 9, 2009 | 17 Comments
| 06/02/2009 | 10 | Amendment to First REQUEST for Clerk to Enter Default against defendant Barack H Obama 7 filed by Plaintiff Alan Keyes PhD. (Attachments: # 1 Affidavit Amended affidavit of the process server)(Taitz, Orly) (Entered: 06/02/2009) |
Keyes v Obama October 31, 2009
Posted by Exploring the Natural Born Citizen Clause in Keyes v Obama, Keyes v Obama (Docs), Legal Cases.comments closed
Since this case will generate more ‘controversy’ and contrived arguments, I have decided to bring the Docket up to date with the relevant filings, allowing a better discussion as to what happened in the early months of the case where Orly failed to properly serve and where Orly apparently forgot to prosecute the case until reminded by the Court. All docket entries for the case can be found under the “Keyes v Obama (Docs)” category.
On January 20th, several hours after President Obama’s presidency had officially started (noon, January 20th), Orly Taitz, following Rule 3 and Rule 4 of the Federal Rules of Civil Proceedings (FRCP), filed a complaint and summons asking for 60 days for serving people in their official government capacity. This is important as she later insists that she was suing President Obama as an individual, even though she filed after President Obama, per US Constitution, had started his official term as President (which per US Constitution starts on Noon, January 20th).
By May 12th, the Court observed lack of prosecution (FRCP Rule 4(m)) and issued an order to show cause.
Keyes v Obama – CA – Docket October 31, 2009
Posted by Exploring the Natural Born Citizen Clause in Alan Keyes, Citizenship, Keyes v Obama, Keyes v Obama (Docs), Lawyers, Legal Cases, Orly Taitz.comments closed
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Southern Division – Santa Ana)
CIVIL DOCKET FOR CASE #: 8:09-cv-00082-DOC-AN
|
Captain Pamela Barnett, et al v. Barack Hussein Obama, et al Assigned to: Judge David O. Carter Referred to: Magistrate Judge Arthur Nakazato
Cause: 28:1331 Fed. Question |
Date Filed: 01/20/2009 Date Terminated: 10/29/2009 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
Orly confusing the legal concept(s) of Jurisdiction October 30, 2009
Posted by Exploring the Natural Born Citizen Clause in Lawyers, Orly Taitz.comments closed
Orly once again appears to be woefully uninformed about the law (see below the fold). She is now accusing Judge Carter of having ‘defrauded’ her for not granting her default judgment or for taking away her opportunity to appeal to the 9th Circuit Court of Appeals.
Orly also asserts, correctly, that Judge Carter stated that the issue of Jurisdiction would be resolved and that the case would be heard on the merits. She then accuses him of shamelessly lying to her. (I believe that these examples of her continued behavior have been forwarded to the CA Bar Association).
Judge Carter dismissed the case because of Standing, not Jurisdiction. Although I can understand why Orly is confused as she may not be aware that there are three kinds of Jurisdiction
Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant, and territorial jurisdiction, which is the power of the court to render a judgment concerning events that have occurred within a well-defined territory. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived. A judgment from a court that did not have subject-matter jurisdiction is forever a nullity.
Source: Wikipedia
Anyone familiar with the law would know that the Court cannot waive subject-matter Jurisdiction. When Judge Carter was discussing Jurisdiction he was discussing personal jurisdiction which requires that the plaintiffs are properly served. What amazes me is that Orly appears to be unfamiliar with these important distinctions.
As to merits, the case was heard on its merits and rejected due to lack of subject-jurisdiction, something that cannot be waived.
Open for limited business October 30, 2009
Posted by Exploring the Natural Born Citizen Clause in Uncategorized.comments closed
I have restored most of the articles but most of the pictures are missing. Comments have disappeared and I will see what I can do here.
I will occasionally comment on some of Orly’s more outrageous claims and others but I can no longer afford to spend the amount of time I set aside to research the law, facts and history.
It’s time to say farewell October 30, 2009
Posted by Exploring the Natural Born Citizen Clause in Uncategorized.comments closed
Now that the final lawsuit has been dismissed due to lack of standing etc, it’s time to move on with our lives.
I have very much appreciated the comments of the many people who contributed, from all sides, to the discussion.
Judge Carter on Orly Taitz’s conduct October 30, 2009
Posted by Exploring the Natural Born Citizen Clause in Uncategorized.comments closed
I have no doubts that this part is on its way to the California Bar association
F. Conduct of Plaintiffs’ Counsel
The hearings have been interesting to say the least. Plaintiffs’ arguments through Taitz have generally failed to aid the Court. Instead, Plaintiffs’ counsel has favored rhetoric seeking to arouse the emotions and prejudices of her followers rather than the language of a lawyer seeking to present arguments through cogent legal reasoning. While the Court has no desire to chill Plaintiffs’ enthusiastic presentation, Taitz’s argument often hampered the efforts of her cocounsel Gary Kreep (“Kreep”), counsel for Plaintiffs Drake and Robinson, to bring serious issues before the Court. The Court has attempted to give Plaintiffs a voice and a chance to be heard by respecting their choice of counsel and by making every effort to discern the legal arguments of Plaintiffs’ counsel amongst the rhetoric. This Court exercised extreme patience when Taitz endangered this case being heard at all by failing to properly file and serve the complaint upon Defendants and held multiple hearings to ensure that the case would not be dismissed on the technicality of failure to effect service. While the original complaint in this matter was filed on January 20, 2009, Defendants were not properly served until August 25, 2009. Taitz successfully served Defendants only after the Court intervened on several occasions and requested that defense counsel make significant accommodations for her to effect service. Taitz also continually refused to comply with court rules and procedure. Taitz even asked this Court to recuse Magistrate Judge Arthur Nakazato on the basis that he required her to comply with the Local Rules. See Order Denying Pls.’ Mot. For Modification of Mag. J. Nakazato’s Aug. 6, 2009, Order; Denying Pls.’ Mot. to Recuse Mag. J. Nakazato; and Granting Ex Parte App. for Order Vacating Voluntary Dismissal (Sep. 8, 2009). Taitz also attempted to dismiss two of her clients against their wishes because she did not want to work with their new counsel. See id. Taitz encouraged her supporters to contact this Court, both via letters and phone calls. It was improper and unethical for her as an attorney to encourage her supporters to attempt to influence this Court’s decision. Despite these attempts to manipulate this Court, the Court has not considered any outside pleas to influence the Court’s decision.
Additionally, the Court has received several sworn affidavits that Taitz asked potential witnesses that she planned to call before this Court to perjure themselves. This Court is deeply concerned that Taitz may have suborned perjury through witnesses she intended to bring before this Court.
While the Court seeks to ensure that all interested parties have had the opportunity to be heard, the Court cannot condone the conduct of Plaintiffs’ counsel in her efforts to influence this Court.
Keyes/Barnett v Obama – Doc 89 – Motion to dismiss Granted October 30, 2009
Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Keyes v Obama, Keyes v Obama (Docs), Orly Taitz.comments closed
Dismissed !!!!
10/29/2009 89 ORDER by Judge David O. Carter: REGARDING DEFENDANTS’ MOTION TO DISMISS 56 : (See document for details.) Defendants’ Motion to Dismiss is GRANTED. IT IS SO ORDERED. (MD JS-6. Case Terminated) (rla) (Entered: 10/29/2009)
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
Captain Pamela Barnett, et al.,
Plaintiffs,
v.
Barack H. Obama, et al.,
Defendants.
CASE NO. SACV 09-0082 DOC (ANx)
O R D E R REGARDING DEFENDANTS’ MOTION TO DISMISS
Before the Court is Defendants President Barack H. Obama (“Obama” or “President”), Michelle Obama, Hillary Clinton (“Clinton”), Joseph Biden (“Biden”), and Robert Gates’ (“Gates”) (collectively, “Defendants”) Motion to Dismiss. After considering the moving, opposing, reply, and sur-reply papers, as well as the parties’ oral argument, the Court hereby rules as follows.
Why the Birthers fail in court October 29, 2009
Posted by Exploring the Natural Born Citizen Clause in Just Plain Weird.comments closed
Orly has posted what appears to be a comment from “Bob”. “Bob” argues (sic) that since Judge Carter failed to rule on the motion for default, the motion to dismiss was premature and thus Carter’s dismissal was ‘illegal’. What our pal “Bob” appears to have forgotten is that the motion to dismiss was filed prematurely since the defendants had not been properly served. No proper service, no motions to dismiss.
Other than that, we can only hope that Orly raises this argument in her appeal or motion to reconsider. It should easily double the sanctions :-).
But really with ‘friend like Bob’ who needs enemies.
Bob, in an article titled “Bob, that’s exactly what I argued in the first place, it was a farce, it was shameless”
This whole “trial” held was illegal in the first place and thus the motion to dismiss was illegal. Let me explain:
Remember, the first hearing was for a default judgment. Therefore he had to follow Rule 55 of the Federal Rules of Civil Procedure:
Orly’s Sanctions Count-Down October 28, 2009
Posted by Exploring the Natural Born Citizen Clause in Lawyers, Legal Cases, Orly Taitz, Rhodes v McDonald.comments closed
On October 13, Judge Land signed an order
Counsel Orly Taitz is hereby ordered to pay $20,000.00 to the United States, through the Middle District of Georgia Clerk’s Office, within thirty days of the date of this Order as a sanction for her misconduct in violation of Rule 11 of the Federal Rules of Civil Procedure.
Today is November 11 and 1 days remain for Orly to pay her sanctions
Orly asking for protest and boycott of O'Reilly's show October 28, 2009
Posted by Exploring the Natural Born Citizen Clause in Lawyers, Orly Taitz.comments closed
Wonderful :-)
Bill O'Reilly on Taitz October 28, 2009
Posted by Exploring the Natural Born Citizen Clause in Just Plain Weird, Orly Taitz.comments closed
Tuesday October 27, 2009
‘Is it Legal?’ Segment
Orly Taitz fined by Georgia court
FNC legal analysts Lis Wiehl and Kimberly Guilfoyle looked at the case of California lawyer Orly Taitz, a leader of the “birther” movement that claims President Obama is not a natural-born citizen. “Taitz represented a Georgia Army officer,” Wiehl explained, “who said he wouldn’t be deployed to Iraq because President Obama is not legitimate. The judge dismissed the case as frivolous and fined her $20,000.”
Orly and her followers are not happy
“O’Reilly is a conceited prig” writes Dawn Duff. ” “Don’t let O’Reilly get away with it”, writes Jacqlyn Smiht (sic). “Bill O’Reilly is a paid off masquerading shill” writes bacsi.
“Go after the leprechaun O’Reilly, tell fox to remove this fraud”, susan rajchel suggests.
Finally, Orly chimes in:
Call and write to corrupt Bill O’Reilly and Fox, demand equal time for me and demand that advertisers pull their ads, if puppet O’Reilly refuses to stop defrauding the public
When the birthers turn on Fox as being biased and unfair, one has reached the pinnacle of irony…
And finally, what can I say…
Kerchner v Obama – Notice for Appeal Filed October 28, 2009
Posted by Exploring the Natural Born Citizen Clause in Kerchner et al v Obama, Lawyers, Legal Cases, Mario Apuzzo.comments closed
NOTICE is hereby given that plaintiffs, Charles F. Kerchner, Jr., Lowell T. Patterson, Darrell James LeNormand, Donald H. Nelsen, Jr., in the above-named case, hereby appeal to the United States Court of Appeals for the Third Circuit from an opinion [Docket Item 41] and order [Docket Item 42] granting the defendants’ motion to dismiss the Second Amended Verified Complaint and Petition for Emergency Injunction, Declaratory Relief, Mandamus, and Quo Warranto [Docket Item 27] which the Court entered on October 20, 2009.
Judge Carter's thoughts on the case October 28, 2009
Posted by Exploring the Natural Born Citizen Clause in Keyes v Obama, Lawyers, Legal Cases, Orly Taitz.comments closed
We are now in the third week since Judge Carter held his hearing and still no ruling. That the Judge is not in a hurry became evident during the October 5, 2009 hearing, where the Court provided us with an invaluable insight into his concerns and thoughts. First of all, the Judge is very concerned about standing, that is, do the plaintiffs have standing to bring this suit.
THE COURT: I need some time just to sort out the arguments. I didn’t put out a tentative today because I wanted to thoughtfully listen to your respective positions. I think that’s a courtesy I could pay you. After all, jurists aren’t supposed to make up their minds beforehand – and your papers get you part way there. It’s the arguments that are also helpful.
Obviously, you are hearing from your perspective, Ms. Taitz and Mr. Kreep, that I’m most concerned about standing. If you haven’t heard that, I don’t know what you heard.
Even if standing is resolved, there remains a second question of justiciability, that is does the Court have jurisdiction to hear the case even if the plaintiffs are found to have standing. Furthermore, there is the political doctrine question
You’ve heard from the government’s position that if standing is appropriate, that I’m most concerned about justiciability — J-U-S-T-I-C-I-B — for some reason I’m tongue-tied on that. I’m most concerned about whether the Courts really do lack jurisdiction if we get by the standing argument, and what’s happened to the political question doctrine regardless. But I’m concerned whether this is substantial and I’m concerned if it’s in the correct venue, even if we got there. In other words, there’s a whole trilogy of questions.
As to the January 26th date, the Court clearly believes that no matter how he rules, one side will immediately file an interlocutory appeal and the case will grind to a halt until the appeal has been decided. It is clear that Orly’s hopes for a January 26th trial will be squashed, either way.
I’m a little concerned, just speaking out loud, what I do and how far I go in an opinion. If I rule against you, of course, it’s resolved; it’s going forward. I would grant an interloc to take it up immediately, of course.
If I rule against you, of course, you would take it up immediately. I would put it in the same position. You don’t need an interloc, but I would give you one and encourage one to go up immediately.
OCRegister: AP never stated Obama was Kenya Born October 28, 2009
Posted by Exploring the Natural Born Citizen Clause in Keyes v Obama, Lawyers, Legal Cases, Orly Taitz.comments closed
The OCRegister reports that the request for judicial notice by Orly Taitz, involving a Kenyan newspaper stating that Obama was born in Kenya, was not based on an AP press statement:
Plus … since originally posting this item, I received the following statement from Paul Colford, director of media relations for the Associated Press: “The AP has never reported that President Obama was born in Kenya. In fact, AP news stories about the state of Hawaii have confirmed that he was born there. The Kenyan paper that you cite rewrote a 2004 AP story, adding the phrase ‘Kenyan-born.’ That wording was not in the AP version of the story.”
And yet, there will always be some who’d rather doubt the AP than accept that they were wrong themselves.
For instance “David Crocket” on the Betrayal ‘reports’
David Crockett // Oct 28, 2009 at 2:55 pm
Sue,Well so you are saying that the Kenyan paper added the reference to being Kenyan Born and by consequence falsified the AP story. Well let me tell you one thing I don’t believe AP one bit in this case they more likely than not are trying to pull themselves out of the mess.
Of course if you were to come up with a screen copy of the original AP story I willing to look further into the issue but in the absence of that I am going for the article such as we have it.
Another question you would have to answer is why did the Kenyan paper went ahead “correcting” AP on the issue of his Kenyan birth, wouldn’t you think they knew the facts and felt compelled correcting the matter. Don’t forget this was prior to the Kenyan media being forced into censoring everything deviating from the “official” Obama account.
http://www.oilforimmigration.org/facts/?p=4069#comment-22565
It’s hard to argue with those who have already made up their minds about Obama, in spite of the facts.
PS: Hint for Orly: Copies of AP releases can be obtained through various online services and cost at best a few dollars.
Washington Independent – The Obama ‘Thesis’ Hoax October 27, 2009
Posted by Exploring the Natural Born Citizen Clause in Humor, Just Plain Weird.comments closed
David Weigel at the Washington Post Independent discusses a hoax which fooled Rush. It all started when a blogger posted that Obama College Thesis: ‘Constitution is Inherently Flawed’ . Michael Ledeen jumped into the fray and had soon to apologize.
Obama’s ‘thesis’ included the following
“… the Constitution allows for many things, but what it does not allow is the most revealing. The so-called Founders did not allow for economic freedom. While political freedom is supposedly a cornerstone of the document, the distribution of wealth is not even mentioned. While many believed that the new Constitution gave them liberty, it instead fitted them with the shackles of hypocrisy.”
Rush Limbaugh, reported on this and although he found out about the hoax during the show, he was not very forthcoming with an apology. Instead, he ‘argued’ that
[H]e got me, and lots of others. It worked because it’s plausible.
Media Matters exposes Limbaugh’s ‘reasoning’: Whining that the media misquoted Limbaugh and that since the media responded that ‘this is how Limbaugh thinks it’, thus Limbaugh feels free to repeat the same logical fallacy in his own arguments. A wonderful denial of responsibility and accountability.
The gullibility of those who oppose Obama is to be expected, their unwillingness to admit to myths and hoaxes is worrisome.
Berg v Obama – 3rd Circuit Appeal – Request for Judicial Notice October 27, 2009
Posted by Exploring the Natural Born Citizen Clause in Appeal, Berg v Obama (3rd Cir), Just Plain Weird, Lawyers, Legal Cases, Philip Berg.comments closed
Phil Berg has filed a request for judicial notice, citing the transcript in Keyes, et al v. Obama, et al, United States District Court, Central District of California, Southern Division, Case No. 09-cv-0082. Berg believes that since the Attorneys for the Defendants have stated that:
MR. SOSKIN: I don’t’ believe we need to take that position at this time, but it’s conceivable that there would be standing in a scenario in which such a case could be adjudicated.”
Phil translated this as
“all three [3] agreed, if the case was brought before the election, which Appellant’s was, the Court could intervene and “Standing” would not be an issue. “
I am confident that the Judges on the 3rd Circuit Court of Appeal can apply logic and reason and come to the conclusion that Phil’s interpretation is not exactly what the defendants had argued in the Santa Ana Court.
Keyes/Barnett v Obama – Charles Kerchner responds October 27, 2009
Posted by Exploring the Natural Born Citizen Clause in Kerchner et al v Obama, Keyes v Obama, Lawyers, Legal Cases, Mario Apuzzo.comments closed
The Post and Email has an interview with the plaintiff in Kerchner v Obama, Charles Kerchner. Remember how the Judge rejected the lawsuit based upon the Constitutional principles of standing, and political question? Well, the timely decisionhas allowed the defendants in Keyes/Barnett v Obama to file a request for judicial notice in Judge LandCarter’s Court, pointing out how a very similar case had been decided in the Federal Court of New Jersey. The ever optimistic Charles does not see this as much of an issue since:
And doing so may educate him immensely on the Constitution and U.S. history and U.S. Supreme Court case law on the definition of natural born citizenship.
…the Kerchner case does a masterful and extremely good job of laying out clearly and succinctly the natural born citizenship issues and flaws of Obama and the U.S. Supreme Court case law that shows definitively that Vattel’s Law of Nations and Natural Law definition of “natural born citizen” is the correct one and that definition became the federal common law…
Orly does not take rejection well October 26, 2009
Posted by Exploring the Natural Born Citizen Clause in Uncategorized.comments closed
Orly is starting to really lose touch with reality. Does she really believe that there is a right for the media to report on her nonsense? The good news is that the media is becoming aware of Orly.
Please contact this station in Detroit, let them know Peter Werbe is defrauding his listeners by hiding the truth about January 26 trial of Obama, contact FCC
RE: Obama illegitimacy for presidency trial scheduled
Monday, October 26, 2009 6:48 PM
From: “Peter Werbe”Add sender to Contacts
To:newsletter@orlytaitzesq.com
1. get a life
2. take me off your listPeter Werbe, Public Affairs Director
Greater Media Detroit
WCSX WRIF WMGC
One Radio Plaza
Ferndale MI 48220
