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She is a NUT CASE! Judge ready to slap Orly Taitz with $10,000 fine

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trueblue2007 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-19-09 02:02 AM
Original message
She is a NUT CASE! Judge ready to slap Orly Taitz with $10,000 fine
http://www.salon.com/politics/war_room/2009/09/18/taitz_sanctions/

Friday, Sept. 18, 2009 16:15 EDT
Judge ready to slap Orly Taitz with $10,000 fine
Orly Taitz, one of the leaders of the Birther movement, may have finally crossed one too many lines. The courts will, after all, overlook the occasional frivolous lawsuit, even when filed by an attorney who can't get basic procedural issues right -- just the cost of doing business. But even a federal judge has a breaking point, and Clay Land appears to have reached his.

Earlier this week, Land dismissed a suit that Taitz had brought on behalf of Army Capt. Connie Rhodes, a surgeon who claimed that she couldn't follow her orders to deploy to Iraq because she's not sure President Obama is eligible, under the Constitution, to hold his current position. At the time, Land warned Taitz that if she filed any more "similarly frivolous ... actions in this Court" she'd face sanctions.

Taitz, of course, didn't seem to listen. Instead, she filed an angry motion asking Land to reconsider his decision and stay Rhodes' deployment. Apparently unaware of that old saying about catching more flies with honey than with vinegar (not true, incidentally, but that's an issue for another time), Taitz essentially accused the judge of committing treason. And, referring to the U.S. District Court on which Land serves, she wrote, "there is increasing evidence that the United States District Courts in the 11th Circuit are subject to political pressure, external control, and, mostly (sic) likely, subservience to the same illegitimate chain of command which Plaintiff has previously protested in this case, except that the de facto President is not even nominally the Commander-in-Chief of the Article III Judiciary."

For some reason, Land wasn't especially happy about this.

In an order issued Friday, Land denied Taitz's request and announced that he was considering making good on his threat of sanctions. He ordered the attorney-slash-dentist "to show cause why the Court should not impose a monetary penalty of $10,000.00 upon Plaintiff’s counsel for her misconduct," and gave her 14 days to do so.

Land also took a swipe at Taitz's performance as an attorney, writing at one point that "competent counsel would have understood" one part of the law that was at issue. The implication was obvious.

― Alex Koppelman
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ChairmanAgnostic Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-19-09 02:21 AM
Response to Original message
1. I am insulted.
nut cases, ie nut shells, provide insulation, fodder, fertilizer, and even something as mundane as packing filler. They even contain healthy, nutritious fruit (the nut) for those who have no allergies.

Being a big fan of both nuts and their casing, your comparison of Oily Tatz and such a useful agricultural product is just wrong.

I predict that OIly will not only lose the 10K sanction, but that her license to malpractice law is about to hit a final, roadblock. And, because the messenger is so out there, even compared to the new leader of the GOP, Glen Beck, I suspect that the conservatives will shun, rather than treat her as a martyr. Hell, even Sarah Palin is turning people off in her own party, as is Michelle Blech-mann.
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Lasher Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-19-09 02:54 AM
Response to Original message
2. The Queen of Burferstan: The gift that keeps on giving.
This knucklehead is good for a few yuks, pretty much every day now.



LBN thread here.
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Hepburn Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-19-09 07:23 AM
Response to Original message
3. Here's the deal with the CalBar on sanctions of $1,000 or greater:
It is a reportable offense if the money order issued as sanctions. Sanctions are considered a misconduct issue. She has to report the same to the bar and then she must pay the sanctions order within 30 days.

The above is from memory ~~ but I recall this as being the case.
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Hepburn Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-19-09 07:33 AM
Response to Original message
4. Two quotes from Judge Land's latest opinion say it all:
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."


...

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.


Link to Opinion:

http://www.talkingpointsmemo.com/documents/2009/09/judge-to-orly-taitz-why-shouldnt-i-fine-you-10k.php?page=1
BTW: The judge starts the opinion with the following statement:

It was deja vu all over again.
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Lasher Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-19-09 09:32 AM
Response to Reply #4
5. Her filing on behalf of Captain Rhodes was copied from Major Cook's case.
It was sloppily done. For one thing she didn't get all the 'he' entries changed to 'she'.

Taitz is quite a puzzle. It's reported she can speak five languages. She got a dentistry degree in Israel. And although her law degree is not exactly ivy league, she did manage to pass the California bar exam.

And yet from all indications she is dumb as a bag of rocks. I just don't get it.
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Hepburn Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-19-09 10:25 AM
Response to Reply #5
6. I am a retired Cal Atty. Let me tell you a storty, OK?
When I started in practice, one of the first cases I had was against a guy who was an honors grad of Harvard law. I was a total newbie, had never done a case like this and what I thought was a mega atty ~~ not only Harvard law honors grad, but long time in practice ~~ was on the other side of my case. I was sweating bullets.

Well, Mr. Harvard Law Honors Grad was the BIGGEST fuck up to date ~~ until Orly ~~ that I have ever seen in a courtroom. I did not have to say Word One ~~ the judge was patient and denied the emergency TRO Mr. Harvard Law was seeking.

My conclusion over the years as to "good" attorneys is as follows:

Academically bright does not always translate into courtroom smart. It takes some street-wise talent and some ability to read people ~~ especially a judge ~~ to be good in the courtroom. It does not hurt either to have a mind that loves puzzles and strategy. Academics gets one a ticket ~~ the other makes one a good attorney. Bottom line is that Orly does not have what it takes to work in the system even if she is bright enough to get her ticket.

JMHO
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Lasher Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-19-09 11:05 AM
Response to Reply #6
7. Thanks for the insight, that is consistent with my own observations.
But tell me, do you think it's possible for inept people to game the system to get a degree and pass the bar exam?
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Hepburn Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-19-09 12:42 PM
Response to Reply #7
8. It takes more than just the JD degree to take the bar.
One must be "certified" to take the CalBar and there are a few ways to do this ~~ the one most used is being certified by the law school from which one graduated. So, IMO, one can "game" getting that certification ~~ but it is not easy in that if the school is not accredited, after the first year, one must take and pass what is known as the Baby Bar. That consists of the three first year subjects of Contracts, Torts and Crim Law. If one does not pass the Baby, one cannot continue on.

As to the Baby Bar and the Regular Bar to be admitted ~~ IMO, there is NO way one can "game" taking and passing those tests. For example, fingerprints and passport photos are required on the application to take the bar. The security at the Bar Exam sites is unreal. One is literally locked into the area and one cannot even go to the john without supervision. No purses or bags ~~ only see-through plastic containers and everything is scanned and searched.

Frankly, I would go through three days of hard labor before I ever took the CalBar again. Luckily I passed on the first time. After that test, I felt mentally and physically raped. In fact, my arms were so sore ~~ I was a typist ~~ that on my drive back home, I had to move the carseat inches from the steering wheel in that I could not extend my arms out to the steering wheel due to how sore they were from typing for hours upon hours.

:hi:
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