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  • Federal judge fines ‘birther’ attorney $20k for frivolous suit

    http://blogs.ajc.com/political-insid...rivolous-suit/


    Federal judge fines ‘birther’ attorney $20k for frivolous suit


    A federal judge [in Columbus] issued a $20,000 sanction against a leader of the “birther” movement challenging President Barack Obama’s citizenship and warned her against using the courts to press “wild accusations.”

    U.S. District Judge Clay D. Land’s scathing 43-page order Tuesday found that California lawyer and dentist Orly Taitz filed “frivolous” litigation and is attempting to misuse the federal courts to push a political agenda.

    Land said in the ruling he issued the $20,000 penalty “as a deterrent to prevent future misconduct and to protect the integrity of the court.” Land was appointed in 2001 by President George W. Bush.

    Taitz told The Fulton County Daily Report the order was “an absolute outrage.”

    She said it was issued “with a goal to intimidate me, harass me and retaliate against me for bringing a legitimate action on behalf of my client.”
    What is Perseverance?
    -Perseverance is commitment, hard work, patience, endurance.
    -Perseverance is being able to bear difficulties calmly and without complaint.
    -PERSEVERANCE IS TRYING AGAIN AND AGAIN.


    BOP - BPA - ICE

  • #2
    I don't know about this particular suit, but I do know that Ms. Taitz' legal credentials are minimal, and the brief I read was very poorly written.
    Facts do not cease to exist because they are ignored. -- Aldous Huxley
    Two things are infinite: the universe and human stupidity. -- Albert Einstein

    Comment


    • #3
      U.S. District Judge Clay D. Land’s scathing 43-page order Tuesday found that California lawyer and dentist Orly Taitz filed “frivolous” litigation and is attempting to misuse the federal courts to push a political agenda.


      Oh hell, liberals do that all the time.
      The liberal politician has the only job where they go to the office to work for everyone but those who pay their salary.

      Comment


      • #4
        Originally posted by tony.o View Post
        U.S. District Judge Clay D. Land’s scathing 43-page order Tuesday found that California lawyer and dentist Orly Taitz filed “frivolous” litigation and is attempting to misuse the federal courts to push a political agenda.


        Oh hell, liberals do that all the time.
        Only liberals can attack people. Duh, it's in the Kahnstitution.

        Why bother starting to deal with frivolous lawsuits now. Oh yeah it might out the anointed one as the fraud that he is.

        Comment


        • #5
          Wikipedia summary

          Clay D. Land (born 1960) is a United States federal judge.

          Born in Shreveport, Louisiana, Land received a B.B.A. from the University of Georgia in 1982 and a J.D. from the University of Georgia Law School in 1985. He was in private practice in Columbus, Georgia from 1985 to 2001.

          On September 21, 2001, President George W. Bush nominated Land to a seat on the United States District Court for the Middle District of Georgia vacated by J. Robert Elliot. Land was confirmed by the United States Senate on December 13, 2001, and received his commission on December 21, 2001.

          Land was in the spotlight in late 2009 when he tried the case Rhodes v. Macdonald, in which an Army physician attempted to secure a restraining order against her being deployed to Iraq, on the argument that President Barack Obama was not born in the United States and was ineligible to serve as President. Land rejected the argument as frivolous. Within hours of Land's decision, the physician's attorney, Orly Taitz, told the news site Talking Points Memo that she felt Land's refusal to hear her case was an act of treason. Two days later, she filed a motion to stay Rhodes' deployment pending rehearing of the dismissal order. She repeated her treason allegations against Land and made several other intemperate statements, including claims that Land was aiding and abetting purported aspirations of "dictatorship" by Obama. Land rejected the motion as frivolous and ordered her to show cause why she should not be fined $10,000 for abuse of judicial process.

          After Rhodes asked for Taitz to be removed as her attorney, on October 13, 2009, Judge Land issued a scathing 40-page ruling sanctioning Taitz and imposed a monetary penalty of $20,000 under Rule 11 of the Federal Rules of Civil Procedure. Upon learning of Land's ruling, Taitz told Talking Points Memo that she would not pay the fine, calling it "intimidation".
          Facts do not cease to exist because they are ignored. -- Aldous Huxley
          Two things are infinite: the universe and human stupidity. -- Albert Einstein

          Comment


          • #6
            Originally posted by DAL View Post
            Clay D. Land (born 1960) is a United States federal judge.

            Born in Shreveport, Louisiana, Land received a B.B.A. from the University of Georgia in 1982 and a J.D. from the University of Georgia Law School in 1985. He was in private practice in Columbus, Georgia from 1985 to 2001.

            On September 21, 2001, President George W. Bush nominated Land to a seat on the United States District Court for the Middle District of Georgia vacated by J. Robert Elliot. Land was confirmed by the United States Senate on December 13, 2001, and received his commission on December 21, 2001.

            Land was in the spotlight in late 2009 when he tried the case Rhodes v. Macdonald, in which an Army physician attempted to secure a restraining order against her being deployed to Iraq, on the argument that President Barack Obama was not born in the United States and was ineligible to serve as President. Land rejected the argument as frivolous. Within hours of Land's decision, the physician's attorney, Orly Taitz, told the news site Talking Points Memo that she felt Land's refusal to hear her case was an act of treason. Two days later, she filed a motion to stay Rhodes' deployment pending rehearing of the dismissal order. She repeated her treason allegations against Land and made several other intemperate statements, including claims that Land was aiding and abetting purported aspirations of "dictatorship" by Obama. Land rejected the motion as frivolous and ordered her to show cause why she should not be fined $10,000 for abuse of judicial process.

            After Rhodes asked for Taitz to be removed as her attorney, on October 13, 2009, Judge Land issued a scathing 40-page ruling sanctioning Taitz and imposed a monetary penalty of $20,000 under Rule 11 of the Federal Rules of Civil Procedure. Upon learning of Land's ruling, Taitz told Talking Points Memo that she would not pay the fine, calling it "intimidation".
            Wow, that lawyer is a whack job.
            What is Perseverance?
            -Perseverance is commitment, hard work, patience, endurance.
            -Perseverance is being able to bear difficulties calmly and without complaint.
            -PERSEVERANCE IS TRYING AGAIN AND AGAIN.


            BOP - BPA - ICE

            Comment


            • #7
              Funny how we never here of ACLU lawyers being fined for filing frivolous suits.
              Have any examples of those? I wonder if any even exist.
              Jubilant Patriotic Republican

              America gave Obama the benefit of the doubt when they elected him. Obama is now giving America the doubt of the benefit of his governance......Change you can bereave in!..JPR

              Comment


              • #8
                Originally posted by JPR View Post
                Funny how we never here of ACLU lawyers being fined for filing frivolous suits.
                Have any examples of those? I wonder if any even exist.
                How many ACLU lawyers are dumb enough to accuse the judge of treason?

                I don't think that a Bush appointee is likely to be biased against conservatives -- just crazy, incompetent lawyers who keep making the same allegations again and again, even after losing.

                Steven Yagman, a notorious lawyer who frequently sued LAPD and of whom the ACLU was very fond, was sanctioned on several occasions before he was convicted of bankruptcy fraud and tax evasion. And the judge was none too complimentary:


                Update: Stephen Yagman draws three-year sentence

                by Walter Olson on December 1, 2007

                The high-profile Los Angeles attorney, who’s made frequent appearances in these pages, is headed to federal prison following his conviction for tax evasion, money laundering and bankruptcy fraud (see Jun. 24). U.S. District Judge Stephen V. Wilson chided Yagman for testimony “so transparently untrue in so many areas.” (Scott Glover, “Attorney Yagman sentenced to 3 years for tax evasion, fraud”, Los Angeles Times, Nov. 28). Best known for his lawsuits against police departments, the much-criticized Yagman has also represented the principals in a famous Americans with Disabilities Act filing mill that launches mass complaints against small businesses and settles them for cash (Mar. 18, 2005; Nov. 4, 2006). According to the L.A. Times account, he “twice was suspended by the state bar for charging clients ‘unconscionable’ fees.” When a retired police sergeant sent him a letter expressing “glee” over his indictment, Yagman promptly sued him (Jan. 5, 2006). Norm Pattis (Nov. 29) reflects: “I wonder whether Yagman became a Leona Helmsley-type figure. The law is for little people, he appears to have thought.”
                Facts do not cease to exist because they are ignored. -- Aldous Huxley
                Two things are infinite: the universe and human stupidity. -- Albert Einstein

                Comment


                • #9
                  Originally posted by DAL View Post
                  Clay D. Land (born 1960) is a United States federal judge.

                  Born in Shreveport, Louisiana, Land received a B.B.A. from the University of Georgia in 1982 and a J.D. from the University of Georgia Law School in 1985. He was in private practice in Columbus, Georgia from 1985 to 2001.

                  On September 21, 2001, President George W. Bush nominated Land to a seat on the United States District Court for the Middle District of Georgia vacated by J. Robert Elliot. Land was confirmed by the United States Senate on December 13, 2001, and received his commission on December 21, 2001.

                  Land was in the spotlight in late 2009 when he tried the case Rhodes v. Macdonald, in which an Army physician attempted to secure a restraining order against her being deployed to Iraq, on the argument that President Barack Obama was not born in the United States and was ineligible to serve as President. Land rejected the argument as frivolous. Within hours of Land's decision, the physician's attorney, Orly Taitz, told the news site Talking Points Memo that she felt Land's refusal to hear her case was an act of treason. Two days later, she filed a motion to stay Rhodes' deployment pending rehearing of the dismissal order. She repeated her treason allegations against Land and made several other intemperate statements, including claims that Land was aiding and abetting purported aspirations of "dictatorship" by Obama. Land rejected the motion as frivolous and ordered her to show cause why she should not be fined $10,000 for abuse of judicial process.

                  After Rhodes asked for Taitz to be removed as her attorney, on October 13, 2009, Judge Land issued a scathing 40-page ruling sanctioning Taitz and imposed a monetary penalty of $20,000 under Rule 11 of the Federal Rules of Civil Procedure. Upon learning of Land's ruling, Taitz told Talking Points Memo that she would not pay the fine, calling it "intimidation".
                  I have been around a bunch of babies who do whatever they can to get out of deployments, but this one takes the cake.
                  "The deepest human defeat suffered by human beings is constituted by the difference between what one was capable of becoming and what one has in fact become."

                  Comment


                  • #10
                    Reading Left leaning blogs will not educate you about Orly Taitz. The Left will do anything to discredit her. She is not as stupid as some of you suggest. For starters she did pass the California Bar Exam, and has two Dental practices. Plus she speaks five languages and is a second degree Black Belt.

                    She also represented Alan Keys against Obama and a number of other cases including a group of about 150 serving US soldiers, many of them high ranking.
                    Also the case of a Reserve named Cook. Who wanted to know if Obama had proved his eligibility to serve as president before he was deployed.
                    He wanted to deploy, so was not trying to get out of it at all. The case was dismissed when the Army Reserve recalled his order to deploy. Not only this but the Pentagon afterwards pressured his "private" employer to fire him from his job in retaliation for his lawsuit.

                    Growing up in the shadow of the Soviet Union in Moldovia, she is well aware of how Communism works and empowers itself and she is fighting to see that the same thing doesn't get a hold in the USA. I don't blame her. I just returned from spending one year in Russia and though no longer "communist" the same political atmosphere still exists there, and I see this same atmosphere creeping into the USA now though the current administration. It's quite alarming!

                    Sure, she is out spoken, plain spoken. She's not afraid to say what she really thinks. Not only do I like that, but she's also right.

                    Comment


                    • #11
                      Orly Taitz is a graduate of William Howard Taft Law School, which is not accredited by the ABA. Her undergraduate degree is from Hebrew University in Israel. The average California lawyer is not very talented. Orly Taitz's legal skills are poor.

                      I read her brief. It was garbage. That you like her position does not make her arguments correct. Moreover, she did not present them well.

                      And there is no basis to assume that a judge from Georgia who was sponsored by a Republican Senator and appointed by George W. Bush is biased against a conservative.
                      Facts do not cease to exist because they are ignored. -- Aldous Huxley
                      Two things are infinite: the universe and human stupidity. -- Albert Einstein

                      Comment


                      • #12
                        Originally posted by DAL View Post

                        I don't think that a Bush appointee is likely to be biased against conservatives ]
                        Bush appointed plenty of liberal judges for one reason or another, so just because Bush made the appointment doesn't mean anything.
                        The liberal politician has the only job where they go to the office to work for everyone but those who pay their salary.

                        Comment


                        • #13
                          Originally posted by Cold Rodear View Post
                          Also the case of a Reserve named Cook. Who wanted to know if Obama had proved his eligibility to serve as president before he was deployed.
                          That decision was made by the Electoral College. If the guy doesn't like Article 2 Section 1 of the Constitution, he shouldn't have sworn the oath

                          He wanted to deploy, so was not trying to get out of it at all. The case was dismissed when the Army Reserve recalled his order to deploy.
                          Bull! If he wanted to deploy, he'd be in Afghanistan. The Army serves the United States, not the President. Since he'd volunteered for active duty, he could legally rescind the offer before it took effect. He didn't need to file suit. What he wanted to do was **ck with the system.

                          Not only this but the Pentagon afterwards pressured his "private" employer to fire him from his job in retaliation for his lawsuit.
                          Cook worked for military contractor. I certainly hope the Pentagon told them to lose the monkey-wrencher.

                          Comment


                          • #14
                            Originally posted by Seventy2002 View Post
                            That decision was made by the Electoral College. If the guy doesn't like Article 2 Section 1 of the Constitution, he shouldn't have sworn the oath
                            The Constitution does not specify how a presidential candidate is to be vetted as eligible for office. The fact is and I have seen them, Nanci Pelosi signed not one but two confirmations that Obama was to be the dem candidate. However, the second one, the one she used in 49 states, omitted the words stating that she has seen his credentials and has proven he was qualified. Why is that? Her office refuses to comment on this.


                            Originally posted by Seventy2002 View Post
                            Bull! If he wanted to deploy, he'd be in Afghanistan. The Army serves the United States, not the President. Since he'd volunteered for active duty, he could legally rescind the offer before it took effect. He didn't need to file suit. What he wanted to do was **ck with the system.
                            Why would he want to mess with system? There is no motive for that and he has been a good soldier in the past.

                            The president is Commander in Chief of the Armed Forces. If it turns out that Obama lied to the American people about his pedigree, none of his orders to the Military are valid, and neither are any executive orders or anything that he signed. Every soldier has a right to be able to trust in his president. Cook is not messing with the system. Obama is, that is why he has spent somewhere around 1 million dollars so far on legal fees in order to keep his past unknown. Taitz is not the only person bringing suits either. If Taitz was bringing frivolous suits, her other suit would not have made it to the Supreme court, which it did. The Supreme Court sent legal dosc to Taitz saying that the Justices had met on her case privately and decided not to proceed. However, Justice Scalia of the supreme Court later admitted that he had in fact never heard of the case. All this even though Taitz has hard copies from the Supreme Court to the contrary. Justice Scalia also told her that if she could get the case to court he would hear it! The only explanation for this contradiction is that someone in the clerks office at the Supreme Court has did not want Taitz's case to proceed and pulled the docket.



                            Originally posted by Seventy2002 View Post


                            Cook worked for military contractor. I certainly hope the Pentagon told them to lose the monkey-wrencher.
                            Still, a private company. It's not the fed's business! However, Obama does seem to think private CEOs should have their wages dictated to them by him. I think I see a pattern here.
                            Last edited by Cold Rodear; 10-28-2009, 04:34 AM.

                            Comment


                            • #15
                              Obama could quickly put a stop to all of this by just showing his records, why don't he do it so we can just move on?

                              Comment

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