Tag Archives: Orly Taitz

Obama ballot challenge cases update, Obama eligibility, Natural Born Citizen Status, Georgia New Hampshire cases, Orly taitz

Obama ballot challenge cases update, Obama eligibility, Natural Born Citizen Status, Georgia New Hampshire cases, Orly taitz

“Why did Obama, prior to occupying the White House, employ Robert Bauer of Perkins Coie, to assist him in avoiding the presentation of a legitimate birth certificate and college records?”…Citizen Wells

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells


“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells

From Citizen Wells January 3, 2012.

“The Obama motion to dismiss the Georgia ballot challenge has been denied.”

“On December 15, 2011, Defendant, President Barack Obama, moved for dismissal of Plaintiffs’ challenge to his qualifications for office. The Court has jurisdiction to hear this contested case pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

For the reasons indicated below, Defendant’s Motion to Dismiss is DENIED.”

https://citizenwells.wordpress.com/2012/01/03/obama-motion-to-dismiss-georgia-ballot-challenge-denied-david-farrar-et-al-vs-barack-obama-judge-michael-m-malihi/

Here is another excellent report from The Post & Email on the Obama ballot challenge cases in Georgia and New Hampshire.

“Is Barack Hussein Obama constitutionally eligible to serve as president?”

“Atty. Orly Taitz has provided an update on six active cases, the first of which has a hearing on January 6 in Hawaii. In Taitz v. Fuddy, Taitz has filed a Motion for Reciprocal Subpoena Enforcement against Loretta Fuddy, Director of the Hawaii Department of Health, which she has requested be heard in addition to the scheduled motion for “production of documents.”

The Reciprocal Subpoena motion is a request for Fuddy to comply with a subpoena issued to her by the state of Georgia in a case there. Taitz reported that Deputy Attorney General Jill T. Nagamine wrote a letter to Taitz stating that her client, Fuddy, “will not comply with a a subpoena from Georgia,” which Taitz is attempting to enforce.

Taitz has requested to inspect the original birth record of Barack Hussein Obama as well as the original long-form birth certificate of a deceased infant born in Hawaii on August 4, 1961, Virginia Sunahara, whose long-form birth certificate was not provided to the family and the short-form birth certificate, which was provided, contained a number which was suspiciously out of sequence.

The Georgia case is scheduled for trial on January 26, 2012. Taitz represents a registered voter, David Farrar, and four presidential candidates in a lawsuit against Georgia Secretary of State Brian Kemp and the Executive Committee of the Democrat Party of Georgia. “There is one more presidential candidate who might join as well,” Taitz said. “The case began as a ballot challenge by one person, and it was transferred to the Administrative Court of the state of Georgia. It’s currently a legal action seeking declaratory relief and an injunction which would prevent Obama from being on the ballot in Georgia.”

Taitz reported that after David Farrar filed his challenge, the judge joined his case with two others cases, challenging Obama’s constitutional eligibility. One case is being brought by Atty. Mark Hatfield, who is also a Georgia State Representative; the other has been filed by Atty. Van Irion, who has also filed lawsuits against the DNC in three states on behalf of Liberty Legal Foundation. Taitz stated that separation of the cases was requested by the other attorneys. She said it was granted to one of them, and the other request is pending.”

“Taitz stated that she believes there has to be a holding issued directly on point in regard to the definition of “natural born Citizen” as it applies to the US Presidency, there has to be a holding, as to whose responsibility it is, to vet Constitutional and factual eligibility of candidates. ”I believe that based on the writings of the Framers of the Constitution, their intent was to include children of citizens, not children of foreigners. The court needs to come up with a holding directly on point in regards to this issue, in regards to children of one citizen parent, their eligibility for the U.S. Presidency.

In New Hampshire, Taitz has filed, an appeal with the state Supreme Court regarding its recent denial to hear a case brought against the New Hampshire Ballot Law Commission. “Actions of the Ballot Law Commission were outside the norm of what is normally done by the agency,” she said. She filed an application for stay which the court denied. She stated that she “will be going further, either with a Motion for Reconsideration in New Hampshire or straight to the U.S. Supreme Court.”

In the Ninth Circuit Court of Appeals, Taitz is planning to file a Motion for Rehearing en Banc in which she represents former Ambassador Alan Keyes, ten state representatives, and 30 members of the military. The case was heard on May 2, 2011, by a three-judge panel, which issued a decision stating that presidential contenders have the right to challenge another candidate’s eligibility during the campaign period.

Two cases filed in Washington, DC are Taitz v. Astrue and Taitz v. Ruemmler, which are currently in the Court of Appeals in the District of Columbia Circuit, in which Taitz stated that she is waiting for the schedule which contains the docket of pleadings.

Regarding the costs and hours of work involved in the various cases on which she is working, Taitz said, “People don’t realize how much time it takes to prepare the filings and exhibits. The filing with the New Hampshire Supreme Court came to almost 300 pages. I had to prepare seven books for the New Hampshire Supreme Court which had to be printed, bound and mailed, and filing fees have to be paid. People have no idea how much I’m spending. Travel to New Hampshire and all of the other trips is very, very expensive. I am spending hundreds of hours as well; it took me a full week to prepare the New Hampshire filing. I had to spend $1,221 for my plane ticket to Honolulu. I ask that people donate to this cause.””

Read more:

http://www.thepostemail.com/2012/01/02/atty-orly-taitz-upcoming-actions-on-six-obama-eligibility-cases/

Judge David O Carter, Orly Taitz, Captain Pamela Barnett V Barack Obama , Update, October 29, 2009, Dismissed, Judge Carter a coward?, Obama not natural born citizen, Citizen Wells challenge to Judge Carter

I recently called Bill O’Reilly of Fox a Coward for his remarks about Orly Taitz. I called O’Reilly a coward for the manner in which he made his statements, for his lack of knowledge about the eligibility issues and for not covering the eligibility issues surrounding Obama.

Ex Marine or no ex Marine, Judge David O. Carter, is there any reason I should not refer to you as a coward for taking the easy way out and with using flawed logic and understanding of the US Constitution to join the ranks of those giving the usurper Barack Obama a free ride.

Today, october 29, 2009, Judge David O. Carter dismissed the case brought against Obama by Captain Pamela Barnett, et al. The lawsuit alleges that Obama is not a natural born citizen.

There is a preponderance of evidence that Obama is not a natural born citizen, from his father being Kenyan and a British citizen, to absolutely no evidence that Obama was born in Hawaii.

Here is the crux of Judge Carter’s decision:
“Interpreting the Constitution is a serious and crucial task with which the federal courts of this nation have been entrusted under Article III. However, that very same Constitution puts limits on the reach of the federal courts. One of those limits is that the Constitution defines processes through which the President can be removed from office. The Constitution does not include a role for the Court in that process. 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‚ 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. Therefore, for the reasons stated above, Defendants’ Motion to Dismiss is GRANTED.”

Read ruling:

http://www.scribd.com/doc/21808122/Judge-Carter-Ruling-on-MTD?autodown=txt
I posted the following on this blog earlier:
“There is at least one critical flaw in Judge Carter’s logic and ruling.

“One of those limits is that the Constitution defines processes through which the President can be
removed from office. The Constitution does not include a role for the Court in that process.”

The statement above is true.
However, only as it applies to the POTUS.
And, to be POTUS, one has to be eligible.
Winning the popular vote.
Winning the electoral college vote.
Getting the approval of Congress.
Being sworn in by a Supreme Court justice.
None of the above alone makes one POTUS.
First and foremost, one must be constitutionally eligible.
Therefore, Carter’s rational is incorrect.
Obama, as an illegal usurper, traitor and possible illegal alien
can be removed and arrested.”

Judge Carter is wrong. He could issue an order today for discovery to ascertain whether or not Obama is a usurper. Upon finding Obama ineligible, Judge Carter could issue an order for Obama’s arrest.

Judge Carter, are you a coward?

Is there some other excuse?

You might respond with “State election officials or party officials could have vetted Obama.”

They did not. That is why we have a system of checks and balances.

You might ask, “Who are you to question a judge?”

Answer:

A natural born citizen of the US.

An expert by training and many years of practice in logic.

I have prepared a motion, filed the motion, opposed an attorney and won.

Besides that, this is not rocket science.

Obama is not POTUS.

No tradition,

No ceremony,

No magic incantation,

Changes that.

Judge David O. Carter, you have the power and the constitutional obligation to ascertain if Obama is eligible.

If not eligible, you have the power and obligation to remove him.

Citizen Wells

Bill O’Reilly, Orly Taitz, Fox, Obama, Judge Land, Case Frivolous, Taitz fined $ 20,000, Lis Wiel, Kimberly Guilfoil, O’Reilly Factor, NO spin?, O’Reilly shooting messenger, O’Reilly coward, Obama not natural born citizen, Citizen Wells challenge

“Pride goes before destruction, a haughty spirit before a fall.”…Proverbs 16:18

 “There is an epidemic of shooting the messenger in this country.”…Citizen Wells

Bill O’Reilly, who has a sinecure, maligned Orly Taitz and anyone questioning the eligibility of Barack Obama last night, October 27, 2009, on his Fox TV show.

O’Reilly is well known for being a pompous ass.

Last night, Bill O’Reilly was a coward.

Neither O’Reilly or his female fawners, who agreed the case was frivolous and that Orly Taitz deserved what she got, have done sufficient research to make an intelligent, informed comment on the subject.
I criticize Bill O’Reilly for pontificating on a subject that he knows little about.

I also criticize O’Reilly for shooting the messenger.

Orly Taitz, Philip Berg, Leo Donofrio, Mario Apuzzo, concerned active and retired military, myself, commenters on this blog and millions of concerned Americans are not the guilty party in this matter. Barack Obama is guilty.

Barack Obama

  • His father was Kenyan and a British Citizen.
  • Obama has not provided a long form birth certificate.
  • Obama has spent hundreds of thousands of someone’s money to fight proving eligibility.
  • Obama has consistently lied to the American people.
  • Obama is entangled in Chicago and IL corruption and should be indicted.
  • Obama’s further control of federal prosecutor Patrick Fitzgerald should alarm everyone.

So, Bill O’Reilly, quit shooting the messenger and do your damn job. After all, the Obama administration continues to shoot Glenn Beck and Sean Hannity.

 
O’Reilly, you coward, try picking on me. I am a natural born citizen of the US, close to your age, male, with a strong business background. I have thoroughly researched Obama’s background and eligibility issues and written about it. I am not receiving a large salary for doing this. I simply care about this country.

I hereby challenge Bill O’Reilly to a battle of facts.

I will, of course, be attacking an unarmed opponent.

Bill O’Reilly, please explain why concerned Americans should not boycott your show.

 

And now for the response from Captain Pamela Barnett, a lead plaintiff in one of Taitz’ cases:


“(Oct. 28, 2009) —  She was a captain in the U.S. Army, assigned to Military Intelligence; but now retired she’s fighting a war on two fronts.

Captain Pamela Barnett is lead plaintiff in a case that could lead to the removal and life-time imprisonment of Barack Hussein Obama on charges of high-crimes, election fraud, campaign fraud, and a laundry list of campaign financing violations.

But Captain Barnett is not shirking her duty to defend her fellow Plaintiffs in the case: no, she is rebutting the lies and falsehoods promoted by the widely followed, but often errant and politically correct, Bill O’Reilly of Fox News.”

“From Captain Pamela Barnett to Bill O’Reilly – October 28, 2009

I challenge you Mr. O’Reilly to interview me..

I am Captain Pamela Barnett U.S. Army Retired of Barnett v. Barack Obama.

I am sick and tired of you defaming our lawsuit and our attorney against the Resident in the Whitehouse Obama. 48 plaintiffs mostly military retired have brought this lawsuit to force the production of Obama’s vital records to determine if he is in fact a NATURAL BORN CITIZEN which is one of the requirements to be a legal POTUS and NOT an illegal USURPER. There is also a huge amount of information regarding fraud that Obama committed before being illegally sworn in as POTUS.

IF YOU CARE ABOUT THE TRUTH AT ALL.. YOU WILL CALL ME…

FROM WHAT I CAN SEE OF YOUR SHOW, THE TRUTH DOES NOT SEEM TO MATTER TO YOU OR THE REST OF THE SHILLS AT FOX. I KNOW THAT YOU ARE ONLY A COMMENTATOR, BUT AT LEAST GET YOUR FACTS STRAIGHT BEFORE HURTING OUR CASE AND PROPAGATING LIES TO THE AMERICAN PEOPLE.

Sincerely,

CPT Pamela Barnett, U.S.Army Retired”

Read more:

http://thepostnemail.wordpress.com/2009/10/28/captain-pamela-barnett-issues-challenge-to-bill-oreilly/

Some of the initial comments on the Citizen Wells blog after O’Reilly’s remarks:
“How are these people like Lis, Bill, and Kimberly, on Fox, going to explain themselves to the public after Kerchner gets Obama thrown to the curb.
After hearing those idiots say Obama is legitimate I hope Obama is removed from office just so I can see the expressions on their faces, it will be priceless.”

bob strauss

“OWrongly just made me throw up a little in my mouth. How ignorant can he be? And that blond dimwit. It’s been repeatedly proved Obotomy was born in Hawaii? Looked into by Congress? WHAT???? And then they don’t even know what Natural Born even means? I don’t know why anyone watches that show.”

Paulajal

“O’Reilly sucks!”

zachjonesishome

“O’reilly sucks and double sucks!!
I stopped watching long time ago when he talked down to his audience and being an ex-teacher, as my daddy would say, ‘that don’t set right with me’.”

JJ

“O’Reilly has gotten way to big for his britches. That “nose up in the air” arrogance sickens me and reminds me of someone else we all know.”

Teedee

“Observer, Bill Oreally, Lis Wiel, and Kimberly Guilfoil, all agreed the case was frivolous, she brought the same case to the same court twice, and she got what she deserved. That is about what it boiled down to.”

bob strauss

“Yepppers,…. I have been losing my respect for o’reilly,……. this really nailed it shut. I have sent him emails telling him to find out the truth,…. but, it seems that he wants to remain ignorant on the facts of obamas birth. I will email him again and tell him he needs to change the name of his show. NO – SPIN…… what a joke.”

joyceaz

“Watched O’Reilly’s comments on Orly, I have been studying on this ever since. The comments were not fair or balanced. NOW Orly or one of her reps. should contact the No Spine Zone and have the opportunity to defend herself with the truth! The Big Leprachan is a know it all”

carmen

“joyceaz, Bill needs to change the name of his show to “The Spin Zone”.”

bob strauss

“After the 3 against 1 on O’Reilly I believe she should be on this week!”

carmen

“OK – O’Reilly was the show that started my turn from uninformed democrat to a strong conservative and for about the last year – I can hardly stand him. Now – he is dead to me. YKWIM

Thanks Venice and SueK for the welcome.”

DenisetheMenace

“Did anyone really expect anything different from O’Reilly?”

SueK

“Observer, Bill Oreally, Lis Wiel, and Kimberly Guilfoil, all agreed the case was frivolous, she brought the same case to the same court twice, and she got what she deserved. That is about what it boiled down to.

Thanks Bob. So it came down to an “O’Bloviate” segment only. Figures. He loves macho soundbites – but he’s definitely been looking old lately plus losing the hair more and more. They should give Beck his slot and put Lou Dobbs in Beck’s. None of them want to commit to the eligibility question though because they just don’t know Constitutional law or care and want to wait ’til the patriots get all bloodied up – then report it later and take the credit.”

Observer

“They have something on O’Reilly. There are too many reaasons why Obama’s COLB is suspect for him not to elaborate at all. They have something on him.”

Paxson

Additional comments from American citizens who are far more informed than O’Reilly:

“Obama law tab up to $1.7 million

‘Grassroots army’ contributions used to crush eligibility lawsuits?

http://www.wnd.com/index.php?fa=PAGE.view&pageId=114202
Danny

“He’s full of it because those records were sealed shortly after Barky went to visit the dying Gramma Dunham. Does he really want us to believe that the State of Hawaii gave HIM the birth certificate?

He thinks we’re stupid; he has another thing coming.

Ratings or blackmail…take your pick. I’ll bet you a donut that he won’t consent to having Orly on to rebut his garbage.

Smug bastid.”
SueK

“His eyes go cross eyed when he even has the balls to bring this up. He says that he vetted it, but won’t publicly go into how he vetted it. He said that the state of Hawaii gave him a copy of the birth certificate (not certification). He said that he could find out the name of the hospital that President Obama was born in “tomorrow” (if he so chose). He’s a frigging liar. You can see it all over his face and he is being “black mailed” or his hands are tied to elaborate. Any normal person looking at this issue can see that something is up. Camille Paglia, noted LIBERAL, even accepts this fact. They can only keep their thumb in the whole of the dam for so much longer. They think we are stupid, and in the long run (whether during Obama’s term, or afterwards) the truth will be known. All of their careers will be over at that point.”
Paxson

“I am suspect about O’really picking Orly for a segment. At the very least I thought it would have simply been a gratuitous move.

No doubt it was meant to discredit her and the “movement.”

This on the heels of Judge Carter’s recent new hire. I can’t help but question if it’s not part of a bigger plan being implemented incrementally.”
JustMe
“I think O’Reilly is a jerk and I don’t like to watch him. He obviously is uninformed of what a NBC is and he thinks he knows it all. They like to discredit those who are trying to find out the truth because he thinks he knows the truth and says BO was born in HI so that makes him NBC. I don’t like O’Reilly. He is a fake conservative. He does not care about the country or the constitution, but he discredits those who do. He is lousy. I also think that Lou Dobbs should switch places with him.”

speedy

“BOYCOTT O’REILLY and let people know”
carmen

“O YOUR A PINHEAD!!!NEVER WILL WATCH HIM AGAIN!!!!”
GBAmerica

Citizen Wells, Open Thread, 2009, October 12, Barack Obama, Orly Taitz, Leo Haffey motion, Obama thugs, US Constitution, Natural born citizen

FREE LEO THE ATTORNEY FROM JAIL

 

This is the second day of our open thread. I am pleased that so many commented and at the same time cared enough to comment and take action to help attorney Leo Haffey to get a fair hearing and justice.

Many are following Orly Taitz, Philip Berg, Mario Apuzzo  and others who are trying to hold the nation accountable to the US Constitution and the rule of law. That is a good thing. We must never stop doing so. We must also continue to let congressmen know we are out there and watching them. Actually, not just watching them but scrutinizing them in detail. We will reward those that perform as statesmen and serve their country faithfully and punish those complacent with the status quo and disregard for the public.

I encountered my first person diagnosed with H1N1 Swine flu today. A female high school student.

Keyes V Obama, Orly Taitz, Update, October 5, 2009, Judge Carter, Santa Ana CA, Federal District Court, Giveusliberty1776 blog

Giveusliberty1776 blog is providing near real time updates on the Keyes V Obama lawsuit in Santa Ana CA, Federal District Court. Dr. Orly Taitz initiated the lawsuit.

From Giveusliberty1776, October 5, 2009, at approx 11:00 PST:

“US Marshalls have established added security due to the high profile nature of the case. All members of the audience are being logged in and recorded per the court.

Turnout for this hearing is less, approximately 100 people are in line for a seat in the courtroom.

The hearing will begin at approximately 8:30. Justice Carter’s court is currently in session on a different case.

Under review today will be two items of critical concern. Defendant Obama’s 9/4/09 Motion to Dismiss is to receive final ruling to either allow or be thrown out. Once the MTD is thrown out, a ruling for full Discovery is anticipated from Justice Carter.

The Federal Marshalls have set up an auxiliary viewing room near the courtroom, live video feed will be shown in that room for any overflow crowd. Our reporter is assured of receiving a seat in the actual courtroom, and given the historical significance of this hearing, chooses to be in the main courtroom, thereby giving him access to off camera events and reactions.

To those who have thanked us for this coverage, you are more than welcome, we are at your service, as fellow free Americans.

8:36 am Pst- The audience has been seated, hopefully the hearing will only be 30 minutes to an hour and we should hear the findings. If the hearing lasts longer, a mid morning recess at the 2 hour mark usually takes place. (10:30 Pst) and that will be an opportunity for Gary to phone in.

10:12 am pst A commenter has asked if the case has been thrown out, I have NOT heard from Gary so the information can not be verified as accurate. Remember Obots like to play on the blogs

10:26 am Pst Not hearing from Gary is a good sign, after approximately 2 hours into the hearing. If as some have speculated the case was thrown out, it would not take 2 hours to rule in favor of Defendant Obama’s motion to dismiss, more like 15 minutes and Gary would have phoned that in long ago. Hang in there people.

10:37 am Pst We should be coming up on a court recess break shortly and will surely hear something. Thanks to all the commenters for searching around the blogosphere for the word. Here you WILL hear the truth, good or bad. But to this Texan, the up coming word must be good. Keep posting your comments

Steve”

Read more:

http://giveusliberty1776.blogspot.com/

 

*** UPDATES ***

11:43 am Pst The ruling- Motion to Dismiss will undergo further review by Justice Carter. No order for discovery.

11:50 am Pst Gary reported the court is in recess and finished for the day. Intially Justice Carter was leaning to dismiss the case and accept Defendant’s MTD, however Orly Taitz and Gary Creeps made a very impassioned arguement and the gallery burst into applause, the Marshalls did not stop the outburst, and it was felt Justice Carter was swayed by the outburst to not throw out the MTD but rather reconsider his decision.

He advised both parties no matter his ruling, both would be able to appeal to a higher court.

Orly Taitz, Lawyer needed to assist Taitz, Pro Bono, Filing and presenting her cases, Defend the US Constitution, Expose the real Obama

I have been asked by a concerned American, not by Dr. Orly Taitz, to request assistance from one or more lawyers, pro bono, to help Orly Taitz in filing and presenting her cases.

I have attempted to remain as neutral as possible in regard to the personalities, methodologies and other aspects of each attorney  and attorney interactions that did not relate to the constitutional eligibility of Barack Obama. My motivation is simple. I care about this country and upholding the US Constitution and the rule of law.

The truth about the eligibility of  Obama, who I believe is a usurper, must be found out. The sooner the better.

We have had one courageous congressman, Joe Wilson, who spoke the truth before the entire nation. If there is an attorney out there who believes in the US Constitution and the rule of law, contact Orly Taitz.

 dr_taitz@yahoo.com

Judge Clay D Land ruling, Judicial misconduct, Captain Connie Rhodes motion, September 16, 2009, Orly Taitz, Rules for judicial conduct, 28 U.S.C., Judge Land guilty of judicial misconduct

*** Update below September 17, 2009  5:30 PM  **

Despite the lack of respect for the US Constitution, the rule of law, concerned American citizens and not obeying their oaths of office by judges and state election officials over the past year, I, Citizen Wells, respect the office of the judiciary and do not take lightly charging a judge with judicial misconduct. However, due to the serious nature of the Captain Connie Rhodes’ motion, it’s consequences for the military and nation in general, and the non judicious attitude of Judge Land in dismissing the motion, I believe it is the lesser of evils, and certainly in the best interest of ongoing jurisprudence, to check this judicial abuse of power.

The Citizen Wells blog reported yesterday, Wednesday, September16, 2009, on the ruling by Judge Land.
Citizen Wells response to Judge Land ruling
For simplicity’s sake, we reported on the ruling by Judge Land. We will leave to others to debate the courtroom banter, motion word smithing and argument methodologies.

This is indeed a serious matter. At stake is the integrity of our judicial system, upholding the US Constitution and rule of law, insuring that we have a qualified president and supporting the military as they faithfully uphold the oath they have taken to defend the US Constitution against all enemies, foreign and domestic.

Judge Land, as a District Court Judge, is subject to the RULES FOR JUDICIAL-CONDUCT AND JUDICIAL-DISABILITY PROCEEDINGS.

“These Rules govern proceedings under the Judicial Conduct and Disability Act, 28 U.S.C. §§ 351–364 (the Act), to determine whether a covered judge has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts or is unable to discharge the duties of office because of mental or physical disability.”

“these Rules provide mandatory and nationally uniform provisions governing the substantive and procedural aspects of misconduct and disability proceedings under the Act.”

“(e) Disability. “Disability” is a temporary or permanent condition rendering a judge unable to discharge the duties of the particular judicial office. Examples of disability include substance abuse, the inability to stay awake during court proceedings, or a severe impairment of cognitive abilities.”

Disability, such as “severe impairment of cognitive abilities”, will not be addressed, although after reading the ruling, that possibility did occur to me.

“(h) Misconduct. Cognizable misconduct:

6 (1) is conduct prejudicial to the effective and expeditious administration of the  business of the courts. Misconduct includes, but is not limited to:

(A) using the judge’s office to obtain special treatment for friends or relatives;
(B) accepting bribes, gifts, or other personal favors related to the judicial office;
(C) having improper discussions with parties or counsel for one side in a case;
(D) treating litigants or attorneys in a demonstrably egregious and hostile manner;
(E) engaging in partisan political activity or making inappropriately partisan statements;
(F) soliciting funds for organizations; or
(G) violating other specific, mandatory standards of judicial conduct, such as those pertaining to restrictions on outside income and requirements for financial disclosure.”

First, note, “Misconduct includes, but is not limited to”

Judge Land is obvious guilty of two of the offenses above.

 

(D) treating litigants or attorneys in a demonstrably egregious and hostile manner

Egregious defined: “conspicuously bad : flagrant <egregious errors>”

(Note dictionary example – “egregious errors”)

This motion was filed by a captain in the US Military who was required to take an oath to defend the US Constitution. The following was also made clear to Captain Connie Rhodes:

Officers in the service of the United States are bound by this oath to disobey any order that violates the Constitution of the United States.

Judge Land’s persistent reference to “birther” and “birther claim”, aside from having political connotations, is condescending  and demeaning. Judge Land is  both ignorant and misinformed regarding Obama’s eligibility.

“5 of “evidence” Plaintiff’s counsel relies upon deserves further discussion. Counsel has produced a document that she claims shows the President was born in Kenya, yet she has not authenticated that document. She has produced an affidavit from someone who allegedly obtained the document from a hospital in Mombasa, Kenya by paying “a cash ‘consideration’ to a Kenyan military officer on duty to look the other way, while [he] obtained the copy” of the document. (Smith Decl. ¶ 7, Sept. 3, 2009.) Counsel has not, however, produced an original certificate of authentication from the government agency that supposedly has official custody of the document. Therefore, the Court finds that the alleged document is unreliable due to counsel’s failure to properly authenticate the document. See Fed. R. Evid. 901.”

Judge Land dismisses an alleged birth certificate with an attached affidavit yet he quotes the COLB, Certification of Live Birth, a document with no affadavit of authenticity, which is not a birth certificate and refers to the presence of another document. Judge Land has requested no authenticating of the COLB.

“Any middle school civics student would readily recognize the irony of abandoning fundamental principles upon which our Country was founded in order to purportedly “protect and preserve” those very principles.”

Judge Land has made another demeaning statement. The irony of that statement is that any middle school student knows that the president must be a natural born citizen and that the judicial system is part of the checks and balances to prevent a usurper from taking office.

“Instead, she uses her Complaint as a platform for spouting political rhetoric, such as her claims that the President is “an illegal usurper, an unlawful pretender, [and] an unqualified imposter.”

There is no reason to believe that Captain Rhodes was motivated politically. What is readily apparent is that Captain Rhodes takes her oath of office seriously.

“I, [name], do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to
the same; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to enter.
So help me God.”
US Military officer’s oath of office

This clearly qualifies as an unwarranted and hostile attack upon the character of the plaintiff.

(E) engaging in partisan political activity or making inappropriately partisan statements

“To press her “birther agenda,” Plaintiff’s counsel has filed the present action on behalf of Captain Rhodes.”

Judge Land’s repeated use of the term “birther”, a hallmark insult from the far left and Obama camp, reveals not only his political agenda but a disregard for the US Constitution, an officer in the US military, the plaintiff’s attorney and decent American citizens. That term has no place in the courtroom, especially being flung by a misinformed, biased judge.

“Counsel makes these allegations although a “short-form” birth certificate has been made publicly available which indicates that the President was born in Honolulu, Hawaii on August 4, 1961.“

“Acknowledging the existence of a document that shows the President was born in Hawaii, Plaintiff alleges that the document “cannot be verified as genuine, and should be presumed fraudulent.”

Judge Land uses as the basis for part of his decision a politically motivated, display of an unsubstantiated COLB.

 

Summary
Judge Land, who is clearly misinformed and makes uninformed decisions that certainly appear to be politically motivated, should be brought before a judicial review board. And, if Judge Land believes that he is making well founded statements based on substantiated facts, then the spectre of his ability to sit judiciously on the bench arises.

It is hoped that one or both of two scenarios will occur.

1. Someone will file a complaint.

 
2. I believe it is in the best interest of the judiciary system to self police this matter. Confidence in the judiciary and other branches of government is at an all time low. The American citizens need a clear signal that they will get fair treatment in court and that the judicial branch of government will fulfill it’s crucial part in the checks and balances system of our government.

How to file a complaint:

http://www.uscourts.gov/library/judicialmisconduct/jud_conduct_and_disability_308_app_B_rev.pdf

 

** Update **

“Dr. Orly Taitz, counsel for Captain Connie Rhodes, M.D, filed today an Emergency Request for Stay of Deployment, pending the filing of a Motion for Re-Hearing, in the Case Rhodes vs. Mac Donald.

Yesterday, Judge Clay D. Land garnered nationally notoriety for his rejection of Captain’s Rhodes’ case, with a severe ruling that was widely faulted by legal experts across the nation.

Attorney Taitz in today’s filings details the errors of Land’s ruling.  What follows is The Post & Email’s summary of Tatiz’s Motions, using a copy forwarded us, by Mr. Neil B. Turner.

First, Attorney Taitz alleges that Judge Land’s ruling “violates the 5th Amendment rights” of her client, “to due process of law, in particular, by” the Court’s “violation of Local Rule 7 of the United States Middle District of Georgia, to wit:”

Read more:

http://thepostnemail.wordpress.com/2009/09/17/taitz-files-emergency-stay-and-motion-for-rehearing/