Friday, Nov 13, 2009 7:55 PM UTC
A federal judge slapped the Birther lawyer with a hefty fine, and now the deadline for payment has passed
By Alex Koppelman
One month ago, U.S. District Judge Clay D. Land hit Birther attorney Orly Taitz with a hefty penalty for having played her games in his courtroom: a $20,000 sanction. At the time, Taitz called the fine “a sign of a dictatorial regime, of tyranny … [that] shows how corrupt this regime is, how many in federal judiciary are aiding and abetting this massive fraud perpetrated on each and every member of US military and each and every citizen of this country.”
As you might imagine, she hasn’t exactly rushed to pay up.
Now, the 30 days Taitz was given to pay the sanction have elapsed, and Land has directed the U.S. Attorney’s office to collect. But she’s remaining as stubborn as ever. Asked by the Ledger-Enquirer, a paper in Georgia — where Land sits — whether she intended to pay, Taitz said, “Absolutely not,” and added, “If judges start punishing attorneys, then we end up in a totalitarian regime. This can’t go on.”
Wednesday, Nov 11, 2009 9:40 PM UTC
The Birther leader wanted big crowds to chide Bill O'Reilly for dismissing her and her concerns
By Alex Koppelman
Birther lawyer Orly Taitz hasn’t been having a great few months. One federal judge fined her $20,000, another dismissed her best shot at bringing one of her lawsuits about President Obama’s eligibility for his job to trial. Her stature in the movement has fallen rapidly, as even the other attorneys involved have become disillusioned with her eccentric tactics and her apparent ignorance of basic legal procedure.
Taitz had another setback on Wednesday. She’s been promoting the idea of a protest against Fox News and Bill O’Reilly on her Web site for some time now, hoping — and promising — for a large crowd to demonstrate against O’Reilly’s having dismissed Birthers’ concerns and having called Taitz herself a “nut.”
Well, the demonstration took place in front of Fox News’ Manhattan headquarters on Wednesday, and it was a fairly spectacular failure. Judging by photos of the protest published by Gawker, Taitz got only a few supporters out to join her. A Fox News employee confirmed that to Salon, saying that a security guard who was present had estimated the crowd at just 15-20 people.
At least a few of those in attendance appear to have been organized by Rev. James David Manning, an eccentric preacher who experienced a brief moment of fame in the hardcore anti-Obama movement for being African American himself but still terming Obama a “long-legged mack daddy.”
That may actually rank as among the least offensive things Manning has said about the president, not because it’s inoffensive but because the rest is so awful. Take one remark he made about Obama’s mother at a Birther press conference held late last year: ”It is common knowledge that African men, coming from the continent of Africa — especially for the first time — do diligently seek out white women to have sexual intercourse with. Generally the most noble of white society choose not to intercourse sexually with these men. So it’s usually the trashier ones who make their determinations that they’re going to have sex.”
That should give you a pretty good idea of the kinds of people Taitz is working with. But while she appears to be on about her 14th minute, don’t count the Birther movement out altogether. With a sizable portion of Republicans either unsure about where Obama was born or believing that he was born in Kenya, not Hawaii, the Birthers are bound to experience a resurgence in time for the 2012 campaign — just don’t expect Taitz to be leading them.
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Friday, Oct 30, 2009 9:30 PM UTC
The Birther-in-chief isn't happy to see her hopes of unseating President Obama dashed
By Alex Koppelman
Birther attorney Orly Taitz has never responded well to having one of her many cases tossed out of court. Unsurprisingly, she had much the same reaction after a federal judge dismissed the case she brought on behalf of Alan Keyes and many others on Thursday.
From a post — titled “What doesn’t break us, makes us stronger” — on Taitz’s blog, in which she mentions a certain media outlet by name:
Clearly it is not the end of the road. We will continue. I need some time to study this order and provide full answer point by point. I will not give a full analysis of judge Carter’s orders at the moment. Today I was inundated with phone calls from different media outlets … One interview I remebered. It was with Jessica Rosenthal from FOX radio. She asked me, when will I give up? I asked her in turn: “Jessica, when do you give up on the Constitution of this country? When do you give up on your constitutional rights for redress of grievances, for your right not to be defrauded by the government, not be treated as a slave?”
While I will not address the legal aspects of the order today, I will address a couple of issues relating to me personally, as I can see a concerted effort to assassinate my character similar to what was done to Sarah Palin, when she joined McCain, when within a day McCain-Palin ticket was 12 points ahead of Obama. What did Chicago combine do? They assassinated her character. So I have to address some of those issues, because it appears that the media has named me a leader of this movement. I am the only attorney, who brought legal actions from plaintiffs with real standing. I brought actions from active duty military and state representatives. My opposition see me as a threat. What was done? Some puppets were used to defame me, slander me, write garbage letters to judge Carter …. I hoped that this judge had more integrity of character, I guess I was wrong.
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? ….
Citizens seem to have no voice, they have no standing to bring any legal actions in face of any fraud. They only have standing to pay taxes and pay for the judges, clerks, congress and senate who never address any issues. They should have no concerns about an inhabitant of the White house sporting 39 social security numbers, some are the social security numbers of the deceased. How long will it take for those citizens to revolt? Washington Post has written that 8 out of 10 Americans know about this issue. According to AOL-it’s 85%. This number is growing. How long will those people be silent? 4,5 million marched on Washington DC on September the 12th. How many will march next time around, when so many loose their jobs (half a million jobs every month officially) and probably double that number unofficially. When they loose their homes at a rate higher then the rate during great depression. When they become numb from hatred against this fraudulent usurper in the White House, corrupt politicians and corrupt judges. Who will stop them? A few snooty remarks on MSM and on the faithful to regime lap dog blogs like Politijab, Salon or Politico? When people loose their voice, when they are livid from the arrogance shown by the ruling elite, they simply revolt
Thursday, Oct 29, 2009 6:45 PM UTC
In a comprehensive, respectful but damning opinion, a federal court puts an end to the Birthers' best hope
By Alex Koppelman
The Birthers’ last, best hope — a case brought by Orly Taitz on behalf of Alan Keyes, among many others — has failed. On Thursday, U.S. District Judge David Carter issued a ruling in which he dismissed the case, which had been ongoing since the day of President Obama’s inauguration.
The ruling, which can be read in PDF form here, is pretty striking. Taitz’s followers had always thought of Carter as the judge most sympathetic to their claims, and though they’ll undoubtedly turn on him now, the Clinton appointee’s order shows how important he thought it to give the Birthers’ claims a fair hearing — not because he’s anything approaching a Birther himself, but because he takes his job seriously. Though the opinion is ultimately devastating to Taitz’s legal arguments, and Carter did take the rather unusual step of directly addressing the attorney’s conduct, it’s also respectful, thoughtful and serious.
If Taitz and the rest of the Birthers had any chance in court, it was with this case, because of Keyes’ inclusion, as well as the presence of two other minor candidates from last fall. Not only did he run against Obama in the Illinois Senate race of 2004, but he also mounted a third-party presidential campaign last year. For this reason, he had an outside shot at showing that he had been personally affected, a key issue in proving standing, which is necessary for a court to take up a case. The U.S. Attorney’s office, arguing on behalf of Obama, had said that because Keyes had no shot at victory, he couldn’t prove standing. (This prompted a moment of levity from Carter, who noted of those who’d voted for Keyes and the other candidates, “The Court may have already met this entire group of voters at the hearings on this matter.”)
The judge was obviously disturbed by this defense, and he worried about a slippery slope, asking if the argument would have applied to Ross Perot. But, still, he did not find that Keyes and his fellow plaintiffs had standing, because they could not prove “redressability” — that is, they couldn’t show that the court had the power, under the Constitution, to do anything about the wrongs they alleged. This led to one of the more compelling parts of the opinion, an argument about the Constitution itself, and what the Birthers fail to understand about it even as they claim to be its only defenders:
The founders of the Constitution created impeachment to allow an orderly process of transition and succession during which the country can continue to function. Plaintiffs’ request, asking this Court to sweep away the votes of over sixty-nine million Americans with the stroke of a pen and order a new election during which the country would be in a state of turmoil, ignores the Constitution’s processes and separation of powers that were developed by the founders ….
Plaintiffs have encouraged the Court to ignore these mandates of the Constitution; to disregard the limits on its power put in place by the Constitution; and to effectively overthrow a sitting president who was popularly elected by “We the People” — over sixty-nine million of the people. Plaintiffs have attacked the judiciary, including every prior court that has dismissed their claim, as unpatriotic and even treasonous for refusing to grant their requests and for adhering to the terms of the Constitution which set forth its jurisdiction. Respecting the constitutional role and jurisdiction of this Court is not unpatriotic. Quite the contrary, this Court considers commitment to that constitutional role to be the ultimate reflection of patriotism.
As I’ve noted before, no court decision like this will be enough to kill the Birthers, or the myths about Obama’s birthplace that they’ve been spreading. No conspiracy theory dies that easily, and given that one quarter of Republicans don’t believe the president’s even a U.S. citizen, we should expect that the Birthers will rise from the dead in time for the 2012 election.
But this may be the final blow that ends Taitz’s leadership in the movement. Other leaders had already grown disillusioned with her, and skeptical of her prowess as a lawyer. The end of Carter’s opinion won’t help her on that score:
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 … 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. Taitz also attempted to dismiss two of her clients against their wishes because she did not want to work with their new counsel ….
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.
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Thursday, Oct 29, 2009 3:05 PM UTC
The Birther-in-chief and her followers are up in arms over a slight from the Fox News host
By Alex Koppelman
It’s an awful feeling, watching your heroes turn on you. That’s how Birther leader Orly Taitz’s followers seem to feel about a brief segment Fox News’ Bill O’Reilly did earlier this week about the $20,000 sanction that a federal judge hit Taitz with a couple weeks ago.
The Birthers have been somewhat disillusioned with O’Reilly and some of his colleagues before — there’s the lack of investigative journalism done by the network that would prove, once and for all, that President Obama was in fact born in Antarctica, for instance. And O’Reilly previously mentioned the fact that Obama has already released proof of his birth in Hawaii; they weren’t happy about that. But calling Taitz a “nut”? My God, it’s like that whole “Fair and Balanced” thing isn’t really true!
So e-mails have been pouring in to Taitz’s Web site lately, denouncing O’Reilly and starting whole new branches of the conspiracy theory (apparently one of the legal analysts who participated in the offending segment worked, long ago, for Perkins Coie, the firm that employs Bob Bauer, the Obama campaign’s general counsel — and about 700 other lawyers, too). And now they’re organizing a protest against O’Reilly, slated to be held outside the Fox News building in New York City on Nov. 11.
On her Web site, Taitz explained, “Keep in mind, what OReilly did, is more dangerous, more harmful then what some idiots like Rachel Maddow or Keith Obertmann (sic) did, since people believe O’Reilly to be fair and balanced.”
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Thursday, Oct 15, 2009 7:01 PM UTC
The lead Birther attorney isn't happy with the $20,000 fine imposed on her earlier this week
By Alex Koppelman
Orly Taitz doesn’t take defeat lightly — if she did, the lead lawyer in the Birther movement would have given up tilting at windmills a long time ago. So it’s not surprising that her reaction to the news that U.S. District Judge Clay Land has imposed a $20,000 sanction on her for her conduct in one lawsuit before his court is an angry one.
In a post on her blog, headlined, “How mcuh criminal activity do they need to cover up, for them to attack me so viciously,” Taitz wrote:
In regards to Judge Clay Land, his outrageous decision to sanction me $20,000 for repeatedly bringing eligibility issue, shows how far this regime will go to harass and intimidate attorneys who dare to question Obama’s legitimacy.
Anybody with half a brain in his head understands that if judge Land really believed that my law suits were frivolous, the easiest way to prove it, would be to order discovery. If Obama is legitimate, he would’ve shown proof of legitimacy. The fact that this judge decided to try to intimidate me with $20,000 of sanctions instead of ordering Obama to spend $10 on a copy of his hospital birth certificate and a hospital birthing file, shows how corrupt this regime is, how many in federal judiciary are aiding and abetting this massive fraud perpetrated on each and every member of US military and each and every citizen of this country. That is a sign of a dictatorial regime, of tyranny.
Taitz has also said that she will not pay the sanction, and will appeal it “as high as I have to go.”
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