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
Mike,
Sid was a genius at being angry. It takes a lot of talent to be that angry with that amount of consistency without becoming a clown (see Glen Beck).
Gyges,
Musical illiterate that I am did you really think I’d call Sid Vicious a genius? He was the worst comparison I could think of to try to cover your contretemps re: the Freemasons killing Mozart.
They were innocent, it was the Prieure De Sion that did it and framed them.
Mike,
Honestly, I just like to bring up the Mozart thing. It’s my favorite tin-foil-hat club theory.
“You left out the Freemasons, who by the way killed Mozart.”
Gyges,
There you go again a musician thinking only of himself and his needs.
Mozart had done it all musically by the time he died, it’s comparable to the death of Sid Viscious, early genius and then what.
Empire,
I give it a 9 out of 10. You left out the Freemasons, who by the way killed Mozart.
empirecookie,
Thanks for the tip and the laughs that went with it.
This lady is bat shit crazy.
empirecookie–
That all sounds plausible to me. You should call Orly Taitz with this information. Here’s her telephone number: 1-800-CRA-KPOT.
No, No, people – Marty and John are right.
I know because one night about 25 years ago my ex-wife’s best friend’s chihuahua was barking at the door. She opened the door and her neighbour’s ex-husband’s cousin was standing there. He was holding this big purple suitcase. He handed it to her and then keeled over and dropped dead right on the doorstep.
Well, she didn’t know what was going on and the dog was barking like crazy. So she slammed the door shut and opened the suitcase. Inside was about 17 pounds of boiled cabbage and some beef jerky. The tag on the suitcase said “Property of Barack Hussein Obama” and there was a little picture of a Hitler moustache next to the name. She went to the kitchen and called the police, but when she came back she discovered that the damn dog had eaten the entire contents of the suitcase. (he made a huge mess later, but that’s another story).
So when the police came, half the evidence was eaten and all they had to go on was the dead body and the suitcase tag. The police checked out the dead body and it turned out the dead guy’s first wife’s mother was a nurse in Hawaii in 1961. They asked that woman about the name on the suitcase and she had never heard of any baby named Obama and she’s pretty sure she would have heard of him if he had ever existed. So that was the first clue.
About three days after the incident, my ex-wife’s best friend got a mysterious phone call from someone who called herself “Madge”. Madge was asking questions about the dead guy, like “do the police know who he is?” and “did his fingertips smell like Palmolive?” My ex-wife’s best friend hung up without saying anything, but later told her hairdresser’s accountant that “Madge” sounded a lot like Don Ho. Someone told me recently that Obama’s grandmother sounded a lot like Don Ho, so that was the second clue. It is also well documented that Obama’s grandmother had at least 65 Don Ho record albums and that listening to them made her feel a little…well… frisky. So, you know, she might be his mother, not his grandmother.
Anyway, the mystery was solved about 2 years later when my ex-wife and her best friend went to the store to buy some pineapple juice. A black man came up behind them and said “Pineapples are from Hawaii and so am I”. But the guy had a funny accent so they knew he was lying. “Really?”, my ex wife said, “Then you must know how long it takes for a pineapple to grow”. He suddenly looked very nervous and could not answer the question (which everyone, except people from Kenya, know is 18 months). Exposed as a non-citizen, he yelled at them “I did not ask that hospital to fake the birth certificate! It was Madge!”.
So putting all the clues together, it is obvious that Obama was not born in Hawaii but his grandmother, who may be his mother, got the hospital to fake the birth certificate.
I have never before revealed this information on a post, but I will certainly cooperate with the appropriate authorities (Bill O’Reilly) in any impeachment proceedings.
Enjoy!
THE DAWG
Mike S:
“Bachman really believes what she says.”
have you ever read one of Coulters books?
Jack, on Oct. 13, 2009 at 4:50 pm wrote, “…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.”
In addition to the misuse of the term “ejectment” noted by James, this incoherent post shows even more ignorance of the Constitution and laws. If a President dies, resigns, or is removed by the sole powers of Impeachment and Removal vested in the House and the Senate, then the Vice President succeeds to the Office. After that, the law provides for succession by the Speaker of the House, the President pro tem of the Senate, and only then the Members of the Cabinet, in order of seniority, led by the Secretary of State. The statutory succession would apply only during the brief period until the Vice President is replaced under the Constitution.
Mike S.,
I guess that would just make “Jack” another asshole baby and eligible to run for elected office. Heck, he could even be the Sct Justice.
“who’s to say Obama’s grandmother is not his mother!?!”
Jack,
If your father was a transexual man, who had the operation, then he’d really be your mother.
There is an embedded lie in Jack’s latest troll posting. He writes, “Since Obama’s maternal grandmother … unilaterally submitted birth info to Hawaii….” There is no proof offered for that statement, and it is false.
Obama was born at Kapi’olani Maternity & Gynecological Hospital in Honolulu, Hawaii, United States in 1961, the leading maternity hospital in Honolulu at the time, an institution named after Queen Kapi’olani. The parents were Ann Dunham and Barack Obama, Sr. The hospital furnished the information that is now in official Hawaiian birth records. That information was released by the State to two Honolulu newspapers in 1961, which reported Obama’s birth in their recent birth columns. Hawaiian officials have verified that the state’s records show that Obama was born in Hawaii.
Jack asks “who’s to say Obama’s grandmother is not his mother!?!” The answer is that Obama’s grandmother was not his “mother,” birther lies and innuendo and rumors to the contrary notwithstanding.
Since Obama’s maternal grandmother (38 years old when Obama born) unilaterally submitted birth info to Hawaii (generating the COLB), not Obama’s ‘mother’ (then 18 years old), who’s to say Obama’s grandmother is not his mother!?!
“Orly, we hardly knew ye ….”
Mr. Didier,
As you have already learned, crap and lies disguised as facts won’t fly very far here. Your lies about a so-called Shadow Government firm are almost laughable. It is time for you to depart with your tail between your legs. Say hi to Orly for us.
correction to my post I meant Captain not General. Sorry (C)) should be CO= Commissioned Officer.
The turdberry is fine but not as good as a window based phone. I miss my MOTOQ.