The bill is in for Orly Taitz, the California lawyer leading the “Birther” litigation: $20,000 for sanctionable conduct. U.S. District Court Judge Clay Land previously issued a stern warning to attorney Orly Taitz and others in the so-called “birther” campaign: do not file another such “frivolous” lawsuit or you will face sanctions. Land threw out the lawsuit filed on behalf of Capt. Connie Rhodes who is an Army surgeon challenging her deployment orders due to President Barack Obama’s alleged ineligibility to serve as President. Land (a Bush appointee) noted that “[u]nlike in ‘Alice in Wonderland,’ simply saying something is so does not make it so.” In the most recent order, Land said that Taitz’s conduct “borders on delusional.”
Rhodes previously accused Taitz of filing new papers in Rhodes v. MacDonald without her approval and after she agreed to be deployed by the military. 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 “reprehensible” representation.
When Rhodes learned that Taitz had filed a motion to stay deployment after she had decided to forego further litigation, she 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
In her Motion for Leave to Withdrawal as Counsel, Taitz suggested 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 noted:
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.
The court ruled that Taitz violated Rule 11 of the Federal Rules of Civil Procedure in filing frivolous papers. Declaring the filings as made in “bad faith,” the court concluded that Taitz’s legal conduct was “willful and not merely negligent.” Sanctions were warranted, he held, because “Counsel’s frivolous and sanctionable conduct wasted the Defendants’ time and valuable judicial resources that could have been devoted to legitimate cases pending with the Court.”
“When a lawyer files complaints and motions without a reasonable basis for believing that they are supported by existing law or a modification or extension of existing law, that lawyer abuses her privilege to practice law,” Land writes. “When a lawyer uses the courts as a platform for a political agenda disconnected from any legitimate legal cause of action, that lawyer abuses her privilege to practice law. When a lawyer personally attacks opposing parties and disrespects the integrity of the judiciary, that lawyer abuses her privilege to practice law. When a lawyer recklessly accuses a judge of violating the judicial code of conduct with no supporting evidence beyond her dissatisfaction with the judge’s rulings, that lawyer abuses her privilege to practice law. When a lawyer abuses her privilege to practice law, that lawyer ceases to advance her cause or the ends of justice. . .
Regrettably, the conduct of counsel Orly Taitz has crossed these lines, and Ms. Taitz must be sanctioned for her misconduct. After a full review of the sanctionable conduct, counsel’s conduct leading up to that conduct, and counsel’s response to the Court’s show cause order, the Court finds that a monetary penalty of $20,000.00 shall be imposed upon counsel Orly Taitz as punishment for her misconduct, as a deterrent to prevent future misconduct, and to protect the integrity of the Court. Payment shall be made to the United States, through the Middle District of Georgia Clerk’s Office, within thirty days of today’s Order. If counsel fails to pay the sanction due, the U.S. Attorney will be authorized to commence collection proceedings.
I expect that Taitz will appeal the decision, given her past statements. The opinion goes into considerable detail on her conduct and interaction with the court, as shown below.
For the decision, click here.
For the story, click here
Mr. Didier and Mr. Jack, to the extent that you have relied on Ms. Taitz’ press releases or what passes for legal analysis on worldnet daily and similar sites, you are at a distinct disadvantage. The truth is that all of Ms. Taitz’ pleadings, motions and legal memoranda have been either absurd, incompetent or, most often, both. I know because I have read them, as have many other lawyers. The outcome has been entirely predictable to members of the legal profession and to informed laypersons as well. That is why Ms. Taitz has been unable to find a single lawyer to serve as local counsel for any of her claims. Indeed, Judge Land waived the pro hac vice rule to enable her to appear in his court. She will properly be disciplined by the California bar and will likely have her license suspended. She has harmed not only the administration of justice but those of her clients who relied on her advice in good faith. And she has taken money from gullible, uneducated and frightened members of the public to finance her obsession. The fact that she is only now facing sanctions is a testament to the durability, fairness and patience of the federal judiciary.
The comments of her disbarred lawyer spokesperson, Charles Lincoln, are meaningless. He has nothing to lose and is likely supporting himself through Ms. Taitz. I have no doubt that he will encourage her to pursue all available appeals so that he can continue to ride the gravy train. But if she has a lick of sense, a big if, she will abandon this odyssey to nowhere and ante up the twenty grand.
Orly Taitz got orally tazed …
Convicted felon, disbarred former attorney, and now paralegal assistant and law clerk to Attorney Doctor Orly Taitz Esquire, Charles Edward Lincoln III weighs in on Judge Land’s decision with yet another use of the word “treason.”
QUOTE I would point out that in Cohens v. Virginia, decided by the U.S. Supreme Court in 1821, Chief Justice Marshall wrote that for a court to refuse to exercise its jurisdiction was “treason” to the constitution.
Judge Land has built his entire assault against Orly’s integrity based on the doctrine of abstention—that he has jurisdiction which he should ignore. The 11th Circuit Mindes case from 1971 specifically found constitutional questions regarding the military and the application of its rules were subject to Judicial challenge, yet Judge Land ignores the substance of the very precedent he cites.
Judge Land issued a 43 page order condemning Orly, for among other things, utilizing the Courts for political purposes, and yet he proposes to use the $20,000.00 he expects to obtain from Orly for what can only be called a political contribution to advance certain political positions and philosophical assertions within the army.
Judge Land is clearly utilizing his power under Rule 11 to attempt to sanction Orly for legitimate exercise of her First Amendment Right to Petition, and that of her clients. Post-judgment motions and an appeal will be filed—your readers can rest assured of that. Orly is exploring the possibility of a direct appeal or request for stay of judgment to the U.S. Supreme Court. Needless to say, Judge Land’s abuse of his position just makes Orly more determined, angrier than ever.
Orly does feel that this is further evidence that the U.S. Judiciary is subject to political pressures analogous to her “memories of life in the former Soviet Union”, and those are her words because I have no such memories. UNQUOTE
Source: http://thepostnemail.wordpress.com/2009/10/13/charles-lincoln-comments-on-lands-sanction-order/
Written predictions™®: “Post-judgment motions and an appeal” will fail. The “direct appeal or request for stay of judgment” to the Supreme Court will fail.
The toast is done. Spread the butter and jelly, slice it, and serve it hot.
Jack writes “On the other hand, Judge Carter is a Bill Clinton appointee, and by Hillary’s TV comments over the weekend, is planning on assuming the Congressionally-selected Presidency on Obama’s ejectment.”
You enjoy the same delusion as Marty Didier, if only because “ejectment” is a Common Law term for civil action to recover title and possession of land, having NOTHING whatsoever to do with electoral politics and procedures.
Kookiness, Article II, is the new conservative platform after Article I: Not no gays/blacks/hispanics, not now how.
A life is there to be had, if you want it. The ones you and Marty have now are just plain dismal.
She’s so fined.
(doo-lang, doo-lang, doo-lang)
Marty Didier, you did not provide a single shred of evidence to support your claims. Your position amounts to nothing more than exceedingly sour grapes, now embittered by a $20k fine that will likely result in the disbarment of Orly Taitz.
You’re a kook. Admit it, or remain a delusional kook.
Vince Treacy 1, October 13, 2009 at 4:46 pm
Another interesting sidelight is footnote 11:
“The Court wishes to explore the possibility of directing the financial penalty to the National Infantry Foundation at Ft. Benning, Georgia, which has as part of its mission the recognition of our brave soldiers who do their duty regardless of the personal sacrifice required and their own personal political beliefs.
*************************
If the death nail is not already in the general’s file this is the end of the career as this general has known it. Once a general (C))you are always subject to recall. Its kinda like herpes, once you get it, it may go in remission but it pops at the least undesirable time.
They are or may be forced to submit to any and all orders to go any place until the day that they die. No retirement in essence.
I just wish Congress would pass a law banishing Orly Taitz and her high-pitched warbly voice from the public airwaves.
I bet no one has ever seen Orly’s birth certificate. She’s an alien for sure–but from a different planet!
Marty Didier is a troll who has posted at the Turley site before. Everything he writes is unsupported by any facts or sources whatsoever. He has no proof. He has no credibility. We are happy to read and consider facts and argument at this blog, but unsubstantiated rumors and hearsay have a very short shelf life here.
Marty Didier,
You guys used the same lying tactics with Bill Clinton, financed by Richard Mellon Scaife. Clinton was a major coke dealer working out of an Arkansas airport and working with the CIA. Thanks for the heads up though, so we all can see where the next lying thrust comes from.
Vince,
In today’s media world of so-called celebrity’s and “political experts” Orly’s next moves are easy to see. That I even know Kim Kardashian’s name and that she’s got a big ass, without ever seeing her or her picture, is an indication of how fame works. My guess is that this was Orly’s plan all the time and while she can’t run for President, Senator Taitz, from California wouldn’t be bad. Consider that their governor is a man with a great body, heavy German accent and was a miserable actor. If Orly moved to Texas, or South Carolina she’d be a lock.
Byron,
It’s Bachman over both of them. Why, because both of them are mainly in it for the money and the fame. Bachman really believes what she says.
There’s something everyone needs to know about Obama…. My ex-wife’s family in the early 90’s went into business with World Wide Distributing of Drugs. My ex-brother-in-law and his wife’s brother Clyde O’Connor went into business in Florida with purchasing huge jets. My ex-brother-in-law went to a known “Combine” or “Shadow Government” law firm in Chicago and Obama while working as a alwyer assisted them with setting up their business. They had a lot to say about Obama first because of his name and that the Shadow Government group felt he was going places in politics for them as a TEAM MEMBER. They also mentioned that he wasn’t a US Citizen but that wouldn’t present any problems for them to coverup. This is the first time I mentioned this in a post but it’s real.
Meet the family:
Mexico drug plane used for US ‘rendition’ flights: report Sep 4, 2008
http://afp.google.com/article/ALeqM5j6QonBKKMo2gw1e3ql-xUcQEZbVg
Please note the CIA link as the family often bragged about being CIA assets. They started laundering money in the later 70’s for partly for CIA operations. They were also involved in Iran/Contra while I was still married. They said that being a CIA asset means they are protected even if they commit murder and having said this, everyone will eventually learn how many there have been.
Also don’t over look the TON’s or Cocaine in those huge bags and remember this has been going on since the early 90’s. Before this, the drugs targetted for Chicago were coming across the Texas border without being stopped. Shipments were coming in in Chiquita ships and picked up off shore in International waters and moved to either a ocean side residence or corruption protected port. Trucked across the border to then be split up and placed in a “Pepper Truck” and trucked to the Chicago area. Chicago receives a$100 million dollar shipment in Cocaine each and every week. The money is partially laundered into property using Big Banks who are part of this and other money is used for Black Ops supporting another White House Coup. This is similar to the Business Plot tried in 1933.
Obama has been found to OWN more than 130 properties in suspicious social security names. Everyone needs to realize that property is used as “payment” for services rendered. Obama according to the family is NOT a US Citizen and he is also a TEAM MEMBER in the Shadow Government. The family talked openly in 1996 about 911 starting a series of situations including the collapse of our ecomony.
Orly Taitz is a real hero for standing up to this crap. What will come out eventually will be the truth that Obama isn’t a US Citizen at all and also his involvement in the latest WH Coup. Bush is also involved according to the Family plus others.
Marty Didier
Northbrook, IL
Mike S:
“and battle Ann Coulter and Michelle Bachman for the title of craziest female Right Winger.”
as a right winger I believe Ann Coulter has that title wrapped up tight. Although she uses it to sell her books and would elbow Orly out of the way to keep her spot front and center.
It is interesting and relevant that Judge Land is a Bush 43 appointee, and I don’t think the GOP would want known its complicity, and/or conspiracy with the Pelosi-Dems to enable the Usurper’s ‘Presidency’. On the other hand, Judge Carter is a Bill Clinton appointee, and by Hillary’s TV comments over the weekend, is planning on assuming the Congressionally-selected Presidency on Obama’s ejectment. (And by McCain’s TV comments over the weekend, it looks like ‘12 now to be Palin/Pawlenty v. Clinton/yet to be determined.)
Mike S., the rumor is that she may be on Joy Behar on HLN CNN Headline News tonight Tuesday Oct. 13.
If true, yet another Spindell prediction fulfilled!
Another interesting sidelight is footnote 11:
“The Court wishes to explore the possibility of directing the financial penalty to the National Infantry Foundation at Ft. Benning, Georgia, which has as part of its mission the recognition of our brave soldiers who do their duty regardless of the personal sacrifice required and their own personal political beliefs. The Assistant U.S. Attorney shall file within thirty days of today’s Order a short brief outlining the position of the United States as to whether such a monetary sanction can be used for this intended purpose. The Court emphasizes that the Court is ordering the penalty be paid to the United States as required under Rule 11 and not to a third party, but the Court seeks to determine whether the Court is authorized to subsequently order that the proceeds be paid by the United States to the Foundation.”
The California Bar now has far more than the Chandra compliant to consider. In the final sentence of his order, Judge Land wrote:
“The Court further directs the Clerk of this Court to send a copy of this Order to the State Bar of California, 180 Howard Street, San Francisco, CA 94105, for whatever use it deems appropriate.”
The Judge thereby sent a message to the Bar, and it was not a message in a bottle.
Imported crazy!
One could only hope not to have a client and or an attorney such as this……
I have a sneaking suspicion that this will not be a disaster for Ms. Taitz. She is officially a martyr now and will become a quasi celebrity, with appearances on FOX, CNN, ABC and NBC Broadcast. She’ll get speaking fees, will write a book published by Regnery Press and battle Ann Coulter and Michelle Bachman for the title of craziest female Right Winger. She may even run for office, or at least get a spot on “Dancing With The Stars” and “Help, I’m a Celebrity, Get Me Out of Here!” I’m actually working on a plot line for the Orly Taitz Reality Show proposal “Fighting The System.” It’s about a Dentist/Lawyer who each week repairs badly done dental work, while battling in court for damages for her patients. You all might say I’m selling out, but think of the money.