Federal Judge Clay Land Hits Orly Taitz With $10,000 Fine For Misconduct

[Adelante]

AMUSING UPDATE: Connie Rhodes did not authorize Taitz filing a Motion to Stay Deployment, withdraws it, and says she is filing a complaint with the California Bar for "reprehensible and unprofessional actions" by O RLY.

http://www.scribd.com/doc/19905657/RHODES-v-MacDONALD-1...



--


It's beautiful. He starts with: “It was deja vu all over again.”

http://ia311029.us.archive.org/1/items/gov.uscourts.gam...

In response to:

http://ia311028.us.archive.org/1/items/gov.uscourts.gam...

The Birther Queen has two weeks to respond.

In her most recent tirade, Plaintiff’s counsel seeks reconsideration of the Court’s order dismissing this action. Instead of seriously addressing the substance of the Court’s order, counsel repeats her political diatribe against the President, complains that she did not have time to address dismissal of the action (although she sought expedited consideration), accuses the undersigned of treason, and maintains that “the United States District Courts in the 11th Circuit are subject to political pressure, external control, and . . . subservience to the same illegitimate chain of command which Plaintiff has previously protested.” (Pl.’s Emergency Req. for Stay of Deployment 2.) This filing contemptuously ignores the Court’s previous admonition that Plaintiff’s counsel discontinue her illegitimate use of the federal judiciary to further her political agenda. …

Simply, put the motion is frivolous. Moreover, the Court further finds that Plaintiff’s motion is being presented for the improper purpose of using the federal judiciary as a platform to espouse controversial political beliefs rather than as a legitimate forum for hearing legal claims. Counsel’s conduct violates Rule 11 of the Federal Rules of Civil Procedure, and sanctions are warranted. Accordingly, Plaintiff’s motion for reconsideration (Doc. 15) is denied, and counsel for Plaintiff is ordered to show cause why the Court should not impose a monetary penalty of $10,000.00 upon Plaintiff’s counsel for her misconduct. Counsel shall file her response to this show cause order within 14 days of today’s order. …

Notwithstanding the Court’s finding that Plaintiff’s claims were frivolous and that this Court had no legal authority under the facts alleged to interfere with a lawful deployment order, Plaintiff’s counsel filed the present motion seeking reconsideration of that order and seeking a stay of Plaintiff’s deployment. …

Counsel ignores that she sought to have the case heard in an expedited fashion in the first place because of Plaintiff’s imminent deployment. The Court modified its schedule to accommodate this request, and in fact held the hearing during the lunch break in an ongoing jury trial. Yet, she now complains that she only wanted the temporary restraining order expedited and not the entire case. What Plaintiff’s counsel either fails to understand or refuses to acknowledge is that in order to address the motion for a temporary restraining order the Court had to satisfy itself first that it had jurisdiction and legal authority to decide the matter. …

If counsel had carefully read the Court’s order, she would have understood that the Court dismissed the Complaint based upon abstention principles. Furthermore, competent counsel would have understood that the Court was required to address abstention prior to ruling upon the motion for a temporary restraining order. …

Counsel sought expedited review of the motion for temporary restraining order. To consider that motion, the Court had the obligation to satisfy itself that it had legal authority to hear the case. It therefore, at Plaintiff’s counsel’s urging, made an expedited decision on that issue. Now that it did not go her way, counsel has fabricated a specious argument that she needed more time to address the issue. …

Remarkably, in her motion for reconsideration, Plaintiff does not even attempt to distinguish the legal precedent cited by the Court in its order of dismissal. She simply repeats the same bare and conclusory allegations that the Court found frivolous in its previous order. A motion for reconsideration that does not even address the legal basis for the Court’s previous order is frivolous.

Finally, it is clear that Plaintiff’s counsel seeks to continue to use the federal judiciary as a platform to further her political “birther agenda.” She has provided no legal or factual basis for the Court to interfere with deployment orders of the United States Army. She supports her claims with subjective belief, speculation and conjecture, which have never been sufficient to maintain a legal cause of action. She continues to file motions that do not address legal issues but that describe the President as a “prevaricator,” allege that the President’s father was “disloyal and possibly treacherous” to the “British Crown,” accuse the undersigned of treason, and suggest that the United States District Courts in this Circuit are “subservient” to the “illegitimate” “de facto President.”

Although the First Amendment may allow Plaintiff’s counsel to make these wild accusations on her blog or in her press conferences, the federal courts are reserved for hearing genuine legal disputes and not as a platform for political rhetoric that is disconnected from any legitimate legal cause of action.

The conduct described above warrants that sanctions be imposed upon Plaintiff’s counsel, Orly Taitz.

[firedupdem]

1. I guess her plan to have the president removed in 30 days has

hit a snag.

[Hassin Bin Sober]

3. A hitch in the giddy-up, as it were.

[Joe Bacon]

68. Watch--Conservative publishers will come to her rescue!

She'll get a 100,000 advance to write her book which will cover the fines and give her some cushion.

[Forkboy]

2. Ouch! That'll leave a mark.

[Adelante]

8. F-Boy, see update in OP

[Forkboy]

11. It's like a car crash that you can't look away from.

[ladywnch]

21. yeah, it's like a Sarah Palin interview.... in fact, it would be hard

to chose between the two which is more fun to follow! LMAO

[Saphire]

40. LOL...can you imagine a conversation between those two???

[mitchum]

44. Since English is a second language for both of them...

it may be a little hard to follow

[bluestateguy]

4. I love judges who make snarky remarks

Good for President Bush for appointing this man.

OMG. Did I just say that?

[Cha]

32. Bizarro

Mundo!

[wroberts189]

64. Its amazing but a lot of repub. appointed judges turn out to be real defenders of justice. nt

[Phx_Dem]

83. LOL

[LiberalAndProud]

5. The entertainment quality of this judicial back-and-forth is

almost worth the wasted time. I applaud Judge Land that he used his lunch hour to dispense with this nonsense. I think I owe him a big steak dinner or something.

Can't wait for Orly's response. I'm sure it will be equally entertaining.

[atreides1]

6. This may be it

This sanction may be all that the California State Bar needs to remove this canker known as Orly Taitz.

[WeDidIt]

38. There will be a few more weeks of high entertainment

We've only entered the denouement of this plot line.

Oily will be around and pull even sillier hijinks over the next few weeks.

Sit back and enjoy!

[tabatha]

7. Yep, I liked this.

"If counsel had carefully read the Court’s order, she would have understood that the Court dismissed the Complaint
based upon abstention principles. Furthermore, competent counsel would have understood that the Court was required to address
abstention prior to ruling upon the motion for a temporary restraining order."

Another way of saying she is a buffoon.

Enjoy paying the $10,000 Orly, and the next, if you carry on.

[Peacetrain]

9. Is this too tacky.... WOO HOO ABOUT TIME

[dmr]

10. He basically called her incompetent by saying:

Furthermore, competent counsel would have understood that the Court was required to address abstention prior to ruling upon the motion for a temporary restraining order.

How did she graduate law school, and pass the boards?

It is shameful that a judge has to take time out of a busy schedule to teach the law to an attorney.

She's going to need to retain counsel for herself soon if she doesn't stop this nonsense.

[Mz Pip]

18. Orly's law school...

CA does not require one to graduate from an accredited law school to take the CA Bar Exam. The unaccredited online "law school" she "graduated" from is pretty much an online bar exam review program.

[baldguy]

74. Crackerjack U?

[struggle4progress]

78. Accusing the judge of treason, in a motion to reconsider, is certainly a novel tactic!

I wonder why more law schools don't teach their students to do that

[a la izquierda]

80. She probably scammed her way through...

I'm still in grad school, and the number of frauds that get in to graduate programs is comical. I have three colleagues in particular that will graduate in a year or so; they have been a cancer to our department. I can't wait until they graduate so that they can be exposed for the frauds they are.

What goes around...and all that.

[quaker bill]

12. Actually, he already has fined her

Of course, Orly still does have the option of attempting to explain to the Republican judge that she just accused of treason why he is incorrect in his findings, as stated above, and how the fine is not warranted, in 14 days. But she has to do so in a way that he, the judge she accused of treason, will accept. He seems to have made his opinion of her professionalism as legal counsel fairly transparent to those who can fully (or even partially) comprehend the english language.

Good luck with that Orly.

[Adelante]

14. Thanks, I misphrased - I think I can still fix it nt

[BlooInBloo]

13. Keep talking Orly, keep talking.

[jberryhill]

15. IT GETS BETTER! LOOKY

The court just posted a letter from Captain Rhodes herself, stating that Orly was not authorized to file the motion to reconsider on her behalf:

http://www.scribd.com/doc/19905657/RHODES-v-MacDONALD-1...

[tabatha]

22. Wow - disbarment in 30 days!!!

[Adelante]

24. $20,000?

[beac]

60. Looks like Rhodes is backpedaling furiously and trying to distance herself from this mess.

I think she finally realized she's facing consequences FAR more serious than anything that can happen to Orly. That said, I have not an ounce of sympathy for Rhodes and I hope she enjoys Leavenworth.

[The Magistrate]

66. Now That, Sir, is Some Professional Craw-Fishing....

[Arkana]

16. Hahhahahaa.

Orly will fester in her own bigotry, hatred and insanity until she ends up like Gollum.

Hopefully she dies the same way.

[Undercurrent]

17. Very funny!

Who would have guessed that such humor would be found in a court document?

[Lucy Goosey]

25. I know! I'm sure the judge is irritated and all....

...but I'd like to think he had a bit of fun writing this.

[KingFlorez]

19. Fined and thrown under the bus, not bad

Oily Taterz so richly deserves this.

[firedupdem]

20. Another Gem in the response to this wacko lady...

"Although the First Amendment may allow Plaintiff’s counsel to make
these wild accusations on her blog or in her press conferences, the
federal courts are reserved for hearing genuine legal disputes and
not as a platform for political rhetoric that is disconnected from
any legitimate legal cause of action."

[Lucy Goosey]

23. Maybe the California Bar should stop admitting people with mail-order law degrees

Seriously.

I do have to say, I love Orly the same way I love Michelle Bachmann. Shine on, crazy ladies!

[quiet.american]

26. Love the 1st footnote:"Attributed to New York Yankees baseball legend and philosopher, Yogi Berra."

[msanthrope]

34. Gotta love a judge who can quote Yogi......n/t

[Cha]

27. Orly's clients are turning against her..

how Karmic is that?!

Thank you, for this, Adelante~

[Adelante]

29. You know how happy all this makes me

[RamboLiberal]

28. What the hell was Oily talking about in the Dylan Ratigan

interview where he owns her that she has a court date for this in January and a pre-hearing in Nov - her usual delusions?

http://www.huffingtonpost.com/2009/09/18/orly-taitz-ram...

[PatGund]

30. Yep!!

This is her Barrett v Obama case that she's being forced to work with the aptly-named Gary Kreep. The court penciled in a *possible* court date *if* certain requirements are met *and* the case isn't dismissed before hand. Dr. Orly took this to mean there WILL be a trial and that Obama will be forced to face her in the courtroom.

Since the court just granted the defendant's request to stay discovery, and one of her star witnesses is now on record that she asked him to lie, I'm not willing to assume it won't be dismissed.

[mzteris]

33. I think maybe she doesn't

understand English none too good.

[mzteris]

31. "competent counsel would have understood"

[SteveG]

46. exactly!

That caught my attention as well. With that he is stating that Taitz is incompetent as an attorney. The fact that her client in this case has did not authorize Taits's appeal and has asked the Judge to withdraw it, is icing on the cake.

[LiberalAndProud]

35. Connie Rhodes' letter to the judge ... I'm going! I'm going!

It reminds me of my five-year-old granddaughter who hurries to do what she's been told when it's clear I've reached the end of my patience.

Any idea what is in store for her when she arrives in Iraq? Permanent KP maybe?

[Cha]

36. Whoa..wtf made Rhodes finally

see the writing on the wall?

[PatGund]

43. In a nutshell.....

She's got at least a year as a military doctor in Iraq, and she's getting there with a reputation as a slacker and a "Blue Falcon" (i.e. buddy fucker, someone who will screw over others in their command to get what they want). Her commanding officers aren't going to have much in the way of patience with her either, and I suspect she'll be getting more than her share of shitwork as a result.

So she's looking at a long, hot. lonely year. If she "shuts up and soldiers", does her job with as much honor and as well as she can, if she listens to the people that have been there longer than her, than maybe, just maybe, people will figure she's learned her lesson and that deployment might not seem as long as it once did.

[WeDidIt]

47. BINGO!

Hammer

Nail

Head

Plus, she knows the vitriol of that motion guaranteed an Article 88 charge and was probably advised by a fellow officer that if she didn't directly authorize it, she has no choice but to denounce it quickly.

[Cha]

56. Nothing like going from 0

to 180! Thanks for that, PatGund~

[csziggy]

75. She is in medicine - let her clean out the bedpans.

[WeDidIt]

37. Note to self: When filing a motion with a judge, try not to accuse that judge of treason

Wasn't that covered in Motions 101?

[grantcart]

39. would one of our freeper spies give us an update--- its begining to look like Christmas!

[WeDidIt]

41. They just touched on it in one of the threads on the ruling

Not much of a meltdown yet. The ever present Freeperbirther, pissant, is still defending Taitz.

[cali]

49. big thread, big acrimony, big meltdown here

http://freerepublic.com/focus/f-bloggers/2342583/posts

in the last hundred or so posts they get into the proposed fine and the letter from Rhodes. quite amusing.

[WeDidIt]

50. They now have two threads about the sanctions

http://freerepublic.com/focus/f-news/2343264/posts

http://freerepublic.com/focus/f-news/2343263/posts

[Puzzler]

76. Here's a Freeper gem:

"In 2012 when Obama is out and Palin is the new POTUS, wouldn’t it be nice if Orly was the new Attorney General?"

[WeDidIt]

51. And they're back to La-La land

To: unspun
In 2012 when Obama is out and Palin is the new POTUS, wouldn’t it be nice if Orly was the new Attorney General?



16 posted on Friday, September 18, 2009 7:06:13 PM by BuffaloJack (Obama, you stop lying; we'll stop callin' you a LIAR.)
< Post Reply | Private Reply | To 1 | View Replies>

[LiberalAndProud]

52. BuffaloJack might be insane.

On the other hand, it's possible he's a DUer. Just too bizarre for words.

[mzteris]

54. To: BuffaloJack

you are seriously delusional, aren't you?

"In 2012 when Obama is out and Palin is the new POTUS, wouldn’t it be nice if Orly was the new Attorney General?"

Ｉ don't know whether to laugh at you or cry at your ignorance.

[Jo March]

81. Oh noes! This freeper is using the dreaded NOTEPAD!

"As aggravating as they are, they are making it very easy to make a troll list for future reference. Have 47 in my notepad Trollfile.txt now. "

Do you hear that, people?!? He has Notepad and is NOT afraid to use it!!

Beware!

[PA Democrat]

42. So who is gonna play Orly on SNL?

This is pure comedy gold.

[PopSixSquish]

45. This Statement Right Here Gives Me the Tingling Feeling Up My Leg

"Although the First Amendment may allow Plaintiff’s counsel to make these wild accusations on her blog or in her press conferences, the federal courts are reserved for hearing genuine legal disputes and not as a platform for political rhetoric that is disconnected from any legitimate legal cause of action"

Here come the Judge...

[Piwi2009]

48. The old crank was already 8,000 in debt to hear her suckers--I MEAN--supporters

talk.

$10,000 -- She's going to have to pull a lot of hillbilly teeth to pay that one off!

[hlthe2b]

53. He may be a Bush appointee, but I like him!

Good snark directed towards a very deserving recipient...

[Arugula Latte]

55. ...

[Spazito]

57. This is better than most sitcoms on television!

I honestly look forward to each and every Orly Goes to Court episode that is sure to be posted on DU, while reading them I can't stop laughing. I absolutely LOVE the Judge! He certainly has a way with words, rofl!

Thanks for posting this, it is much, much appreciated as I will still be laughing for a long time!

Recommended.

[WeDidIt]

58. Watch for a hue and cry come October 6

when Judge Carter grants the Defendent's Motion to Dismiss in Barnett v. Obama.

That's teh one the birthers have pinned all their hopes on as Taitz has taken statments made by and standard prcedures followed by as "major victories".

Lucy's gonna rip the football away from them yet again.

[Spazito]

59. Well, I can only hope Orly is as verbose with Judge Carter as she has been...

with Judge Land as it will surely provide us with at least one (hopefully more) hilarious episode. I wonder if there will be a future episode entitled, "Orly Goes To Jail"? Stay tuned!

[Adelante]

61. Judge Carter is much more patient with Orly - BUT

He has sternly ordered her to work with the other attorney on the case, Gary Kreep, and instead she's started a civil war in the Birfer movement to get Kreep thrown off the case, and started it on the court house steps minutes after his order. She's also got her Orlybots harassing the court with letters and phone calls and they are threatening to sue. That's the one I think will put Judge Carter over the edge. But I am also sure he is furious over her behavior with regard to his colleague in Georgia, as well. Should be a fun day, for sure.

[LiberalAndProud]

65. He may be patient, but he is a snark master too.

http://belowthebeltway.com/2009/09/09/orly-taitz-and-th ... /
When court resumed, Taitz lit into Kreep with a litany of ways that she said he had botched the suit against Obama. Carter wasn’t pleased. “I think what I’m going to do is force you two together ,” Carter said. “I don’t know if I can legally do this, you can take it to the 9th Circuit if you like and delay it longer.” He then made the two bickering lawyers move their chairs next to one another. “I’m very visual,” he said. “I need to see you two as one.”

I'm looking forward to reading his decision.

[Spazito]

77. Ohhhhhh, this is going to be delicious!

I was hoping Judge Carter would have the same rapier wit as Judge Land and, indeed, it seems he does. This has to be karma for her to get not one but TWO judges with such linguist skills.

Thanks for this, it has made this thread doubly delightful, lol.

[jberryhill]

89. The decision may be some time after the hearing

The big question is whether Orly's bar ticket is suspended prior to the hearing.

I hope not, since I'll miss this program after it is cancelled. Good thing there is a new season of Survivor.

[Bette Noir]

62. Hahahahahahaha!

[wroberts189]

63. I saw the op subject and immediatley heard that Simpons bully in the back of my mind "HAHAAA!" nt

[Adelante]

67. Discussion on "Land Of The Obots" blog radio

If you would like to listen

http://www.blogtalkradio.com/Reality-Check-/2009/09/19/...

Call-in # [phone]

The host is long time DUer, RealityCheck

[Gman]

69. She's lucky she's not in jail and it's only $10,000

[msallied]

70. This is, quite possibly, the most awesome court document I have ever read.

I <3 this judge.

[cheapdate]

100. There was a judicial ruling against advocates of "intellingent design"

That was every bit as good. I can't remember the exact details. Seems like it was in federal court in Kansas last year.

[msallied]

71. I sent the links to a "skeptic" friend of mine and he says

he doesn't think they're real court documents. Um, aren't these official federal sites? LOL

[Adelante]

72. The docs are all from PACER

They are issued by the courts. It's the only way they get there.

[msallied]

73. Thank you!

[Voice for Peace]

88. that's a great picture !

[Princess Turandot]

79. It sounds like it's time for Orly to follow Yogi's most pithy advice..

When you come to a fork in the road, take it!*

She might even know what that means.

*Disclaimer: Yogi does not actually remember coining this memorable phrase. But as he notes, it sounds like something he'd say.

[ljm2002]

92. Lest we forget...

...another Yogi gem (regarding a popular restaurant at the time): "Oh that place? No one goes there anymore, it's too crowded!"

[Phx_Dem]

82. Not sure I believe Rhodes any more than Taitz. She probably

got her ass in trouble for his hateful remarks about the Commander in Chief and now she's trying to pass the blame to Taitz.

Too funny about about the $10,000 fine! Bwhahahahaha

[Adelante]

87. I don't believe any of them

Birthers are all liars; their entire premise being a lie. Rhodes is scrambling to cover her ass with the Army, but at the same time, any smack down on Orly Taitz is something I can enjoy.

[DFW]

84. Rhodes is guilty of having Taitz represent her. I hope she isn't given a gun in Iraq

She'd probably find a way to shoot it backwards.

[TexasObserver]

85. Yeah, someone predicted this monetary sanction!

http://www.democraticunderground.com/discuss/duboard.ph...

Me!!


Of course, we learned yesterday that the Captain saved herself a sanction by writing the judge and denying that she had authorized Oily to file the latest motion, so the captain will not be sanctioned for this latest misconduct.

[wial]

86. with enemies like these

who needs friends?

[Voice for Peace]

90. aww this is a hilarious story

[WeDidIt]

91. Update on the fax from Rhodes to the judge

Never one to pass up an opportunity to scam donations, Larry Sinclair (of the "I did coke with Obama and gave him a blowjob" fame, not to mention the act that he's a convicted con man) has declared the fax to be a forgery. Freepers and other assorted birthers have now picked up on this and run with it, setting up for when Rhodes files misconduct charges with the California Bar and mails the original letter to Judge Land.

The excuse when the letter is mailed and the charges are filed?

Obama got to her in Iraq.

You heard the prediction here first.

[blink44]

97. re:

I suspect the guy she has been having an affair/wrongfully cohabitating with for a year now typed and faxed the letter from Office Max on her behalf. They likely spoke on the phone and determined what it should say. Then he likely "copied" her signature from another document. I have a feeling if someone went into the Office Max with a photo of the man, they would say they recognize him. This is my theory on the letter. I think the person is correct that she did not create it or sign it. However, I feel it was done on her behalf by that guy. Just my insightful opinion. It makes perfect sense.

[blondeatlast]

99. SHE POSED WITH TAITZ IN FRONT OF THE COURTHOUSE AND THE PRESS.

You are the third very low count poster who's come to DU only to excuse Rhodes' dumbfuckedness. But hey--more fun for the party!

[blink44]

101. re:

Accuse her of what? I think she wanted the letter sent, and didnt feel she had time to do it herself so had someone else do it.
But I didnt accuse her of anything. Merely gave my opinion of what happened. And from what I have subsequently seen since that post, it looks like my speculation was correct. The clerks office confirmed a man called in on Rhodes behalf and inquired about faxing the document.

[ScottLand]

93. Oh, well, so much for the 30 days!

[and-justice-for-all]

94. Ahhh, someone pissed on her parade...

LOVE IT!

[kegler14]

95. Oily Taterz. My hero.

[davidpdx]

96. It's about time

I hope this is going to lead to disbarment.

[LiberalAndProud]

98. Kick for Sunday evening entertainment.

This thread is too young to die.

[and-justice-for-all]

102. HAHA!!

[Phx_Dem]

103. I hope she doesn't have they money to pay off her fine because we know

what happens to people to don't pay their court fines.