Orly Taitz, the lawyer and de facto leader of the “Birther” litigation, has filed a motion to withdraw from further representation of Dr. Connie Rhodes after Rhodes accused her of filing new papers in Rhodes v. MacDonald without her approval and after she agreed to be deployed by the military. Taitz is also facing a possible $10,000 fine from United States District Court Judge Clay D. Land, who previously dismissed the action. Taitz declared in one filing: “This case is now a quasi-criminal prosecution of the undersigned attorney.” She is already facing a California bar complaint and Rhodes is promising to file a new complaint against her for her “reprehensible” representation.
The latest development in this unraveling case began when Rhodes learned that Taitz had filed a motion to stay deployment after she had decided to forego further litigation. She then proceeded to fire Taitz by sending a remarkable letter from Office Max on the advice of “Tim who works in the District Clerk’s office.” She stated in the fax:
September 18th, 2009
To the Honorable Judge Land:
Currently, I am shipping out to Iraq for my deployment. I became aware on last night’s local news that a Motion to Stay my deployment had been entered on my behalf. I did not authorize this motion to be filed. I thank you for hearing my case and respect the ruling given on September 16th, 2009. It is evident that the original filing for the TRO and such was full of political conjecture which was not my interest. I had no intention of refusing orders nor will I. I simply wanted to verify the lawfulness of my orders. I am honored to serve my country and thank you for doing the same.
With that I said, please withdraw the Motion to Stay that Ms. Taitz filed this past Thursday. I did not authorize it and do not wish to proceed. Ms. Taitz never requested my permission nor did I give it. I would not have been aware of this if I did not see it on the late news on Thursday night before going to board my plane to Iraq on Friday, September 18, 2009.
Furthermore, I do not wish for Ms. Taitz to file any future motion or represent me in any way in this court. It is my plan to file a complaint with the California State Bar to her reprehensible and unprofessional actions.
I am faxing this as was advised by Tim, who works in the District Clerk’s office. I will mail the original copy of this letter once I have arrived in Iraq.
Respectfully,
CPT Connie M. Rhodes, MD
I am a bit curious that all of this case appears to have been a surprise to Rhodes despite endless coverage in the papers and cable shows. It is curious that she never acted to sever representation before this time.
In her Motion for Leave to Withdrawal as Counsel, Taitz suggests that her client is lying to the Court.
She states that she not only has a (rather obvious) conflict with her former client but may present evidence that is embarrassing to her:
The undersigned attorney comes before this Court to respectfully ask for leave to withdraw as counsel for the Plaintiff Captain Connie Rhodes. The immediate need for this withdrawal is the filing of two documents of September 18, 2009, one by the Court, Document 17, and one apparently by Plaintiff Connie Rhodes, which together have the effect of creating a serious conflict of interest between Plaintiff and her counsel. In order to defend herself, the undersigned counsel will have to contest and potentially appeal any sanctions order in her own name alone, separately from the Plaintiff, by offering and divulging what would normally constitute inadmissible and privileged attorney-client communications, and take a position contrary to her client’s most recently stated position in this litigation. The undersigned attorney will also offer evidence and call witnesses whose testimony will be adverse to her (former) client’s most recently stated position in this case. A copy of this Motion was served five days ago on the undersigned’s former client, Captain Connie Rhodes, prior to filing this with the Court and the undersigned acknowledges her client’s ability to object to this motion, despite her previously stated disaffection for the attorney-client
relationship existing between them. This Motion to Withdraw as Counsel will in no way delay the proceedings, in that the Plaintiff has separately indicated that she no longer wishes to continue to contest any issue in this case. In essence, this case is now a quasi-criminal prosecution of the undersigned attorney, for the purpose of punishment, and the Court should recognize and acknowledge the essential ethical importance of releasing this counsel from her obligations of confidentiality and loyalty under these extraordinary circumstances.Respectfully submitted,
By:_________________________
Orly Taitz, DDS, Esq.
California Bar ID No. 223433
FOR THE PLAINTIFF
Captain Connie Rhodes, M.D. F.S.
SATURDAY, September 26, 2009
“Quasi-criminal prosecution”? The judge had ordered Taitz to “show cause” why a sanction should not be imposed in the case. He had previously told Taitz that he would consider sanctions if she filed similar claims in the future. After the denial of the Motion to Stay deployment, Land said that the latest filing was “deja vu all over again” including “her political diatribe.” He notes:
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.”
Then the kicker:
The Court finds Plaintiff’s Motion for Stay of Deployment (Doc. 15) to be frivolous. Therefore, it is denied. The Court notifies Plaintiff’s counsel, Orly Taitz, that it is contemplating a monetary penalty of $10,000.00 to be imposed upon her, as a sanction for her misconduct. Ms. Taitz shall file her response within fourteen days of today’s order showing why this sanction should not be imposed.
I am frankly not convinced that sanctions would be appropriate for filing for a motion to stay deployment per se. At the time of his order, Land did not presumably know that the filing was made against the wishes of the client. If Rhodes was interested in appealing Land’s decision, which is her right, a stay is a standard request. However, the fact that the filing may have been made after Taitz was terminated as counsel and after she was told that Rhodes was abandoning the case is more cause for possible sanctions. Moreover, the low quality and over-heated rhetoric of the filing can support such sanctions. Her filings appear more visceral than legal. In demanding reconsideration of the Court’s earlier order, she used language that does cross the line:
This Court has threatened the undersigned counsel with sanctions for advocating that a legally conscious, procedurally sophisticated, and constitutionally aware army officers corps is the best protection against the encroachment of anti-democratic, authoritarian, neo-Fascistic or Palaeo-Communistic dictatorship in this country, without pointing to any specific language, facts, or allegations of fact in the Complaint or TRO as frivolous. Rule 11 demands more of the Court than use of its provisions as a means of suppressing the First Amendment Right to Petition regarding questions of truly historical, in fact epic and epochal, importance in the history of this nation.
She also (as noted by Land in his later order) essentially accused Land of treason, as she has in public statements:
Plaintiff submits that to advocate a breach of constitutional oaths to uphold the Constitution against all enemies, foreign and domestic, is in fact a very practical form of “adhering” to those enemies, foreign and domestic, and thus is tantamount to treason, as Defined in Article III, Section 3, even when pronounced in Court. The People of the United States deserve better service and loyalty from the most powerful, and only life-tenured, officers of their government.
Taitz is also facing a California Bar complaint, here. Ohio lawyer (and inactive California bar member) Subodh Chandra wrote the bar, stating “I respectfully request that you investigate Ms. Taitz’s conduct and impose an appropriate sanction. She is an embarrassment to the profession.” For that complaint, click here.
A complaint by a former client would likely attract more attention by the Bar. These are now serious allegations including misrepresentation, false statements to the Court, and other claims that will have to be addressed by a Bar investigation. This could take years to resolve — perhaps just in time for Obama’s second inauguration.
Elaine M:
I have been in a delivery room twice, it wasn’t that bad, at least from my vantage point.
By the way I know Bdaman is a male, or so he says.
Just so you know I have told grown men to take it like a 10 year old girl, my daughter (now 18), she is tougher than most men I know.
So when I want to convey absolute toughness I tell them to take it like a women, for just plain toughness you tell them to take it like a man.
I told my daughter once she had “balls” the size of potato’s, she said no “the size of melons”. I did not disagree.
Mike S:
I am sorry, I did not know that statement was so hurtful. There are somethings that one cannot forgive and this appears to be one of them.
Personally I thought it was just childish and ignorant to say that. I did not mean to make light of it, as I did not understand the actual nature of Bdamans’ remark.
My apologies.
“Mike S:
is Bdaman that bad?”
Byron,
The first anti-Jewish thing said to me in my life was when I was seven years old and some of my classmates called me a “Christ-Killer.” That libel has been used for almost 1,700 years to support the persecution of Jews. The destructiveness of it was recognised as being so bad that the Catholic Church even took it back and apologized for it. Most Christian biblical scholars admit that the Gospels were enhanced in 325 CE, Council of Nicea, to make it seem as if the Jews were responsible for killing Jesus, to take the heat off the fact that the Romans killed Jesus. Pontius Pilate, who contemporary Roman (non-biblical) records show was removed from his position shortly after for behavior that even the Romans thought was too cruel, has been made into a Gospel hero trying to avoid Jesus’ death.
Bdaman’s accusing me of killing Jesus is a big deal and one that exposes the truth about him. He is a bigoted and ignorant man, who at least had the brains to understand that he had badly crossed the line. However, that he holds his bigotry in check, does not mean that he isn’t a bigot, only that he is to gutless to admit what he really believes. Say what you want about me, but you at least know where I’m honestly coming from, that is not so with bdaman except for that slip and a few others he has made.
“I often wonder if there is an increase in blood pressure when they unleash their tirades.”
He is also stupid and vain enough to think he gets under people’s skin, when the truth is that demolishing his weak attempt at reason is a labor of love. I despise bigots and liars, but having watched the deconstruction of the Republican Party in recent years I realize that in small numbers they abound. Bdaman has slipped and let us see the smarmy inside of his thought processes, which really contain little original thought, but are strictly party line.
Think about it Byron, even though you are a conservative, from issue to issue I have no way of predicting your thoughts on a topic. That is because you actually think about it. With bdaman, that is not true, he is as predictable as Karl Rove, who basically gives his marching orders.
“Consider him the honorary blog pet that you keep trying to house train.”
If he were a dog that might be true, but try to house train a hyena and you won’t be successful. In any event no bigot is “cute.” They’re merely poisonous.
Vince, I am aware of the COLB;s shown from Hawaii. However, it does not satisfy what I really want to know, and that is if Pres. Obama is a LEGAL citizen of the US. A COLB merely says he was born alive. My question was a serious one. And all I got from you was a snide irrelevant crack, helping no one.
In the future I would appreciate it if you would give me the sane courtesy as you are giving ” Lucas Daniel Smith”.
“I am not going to dignify “Lucas Daniel Smith” with any response”
One more thing, from all I have read it would not seem to be that much of a challenge to get a COLB in Hawaii.
Lilove
Byron–
You said that you think Bdaman “seems to take it like a man.” How do you know Bdaman isn’t taking it like a woman? Unless you meant to imply with your comment that we females can’t handle ourselves with the same kind of toughness as you folks with “y” chromosomes.
I wonder how you fellas would fare in a delivery room???
Just a thought.
Bdaman:
you do it up close and personal? I thought right wing extremists like to snipe from a distance.
do you use a K-Bar or just a Buck?
Oh I enjoy it Byron, especially when Buddah goes off. I often wonder if there is an increase in blood pressure when they unleash their tirades. Makes me want to turn the blade after the initial thrust, just like I was trained to do. You know being a right wing extremist and everything.
Mike S:
is Bdaman that bad? What were those little plastic trolls with the colored hair called? A little weird but cute in a quaint sort of way.
Consider him the honorary blog pet that you keep trying to house train. Swat his nose with logic and intellect enough times and who knows.
I know you and the others wont admit it, but you do seem to have fun jumping on Bdaman and he seems to take it like a man.
Come on don’t I at least get (, to and(x2) his) out of that. Your cruel
Bdaman,
The difference between you and Byron:
Byron: Compassion, intelligence, ability to research and test his beliefs, sincerity, iconoclasm and truthfulness.
bdaman: None of the above.
No Slart, I didn’t, if you can’t figure it out, I’ll let RNC TOP Dog do it.
Now Bdaman can’t even put his off-topic trolling on the right thread 😛 I believe he meant to make the last several posts on ‘A Sign of the Time’ instead of here.
Let your true colors come out Byron come out of the closet.
So sorry Byron they will never ever except anything again from you. Watch out the troll label is soon to come.
you need to correct the record though, I have never spoken to you about anything. I am a one man show.
Mike Spindel is gonna eat you up like a Turkey Byron gobble gobble
whoops!
Bdaman:
outstanding posts, although not enough of the linking. You and I talked about doing more. I especially wanted to see some links from John Birch.org and JoeMcCarthywasright.com and AlgerHisswasatraitor.biz.
Before you get paid you are going to have to neutralize Vince T, Slartibartfest and Mike Spindell and Buddha is Laughing. Even I can see they are kicking your a . . .
Before you get to excited, by neutralize I mean their arguments.
Sorry this was a reply to my handler, I must of copied and pasted it here, my bad.
Thank you, a true badge of honor. When do I get the troll of the year award. Is it a big trophy or a little one. Let me know when you’re ready to send the check.
Sincerley,
Bdaman
Slart,
He is by your description and in fact the textbook definition of a troll. Either he’s too dim to know it, or he’s getting paid.