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
Maybe hogs and pigs:
Hogamous, Pigamous,
Man is polygamous
Pigamous, hogamous
Woman monogamous.
— traditional, author unknown.
Or he may only believe in polygamy, but not practice it, making him a polygamist who can’t polyg.
Mike S:
“Also how sad for your wives that they are stuck with a delusional man.”
**************
I think you jumped the gun on this one. Art Bulla said he was a polygamist. He never said anything about human wives. I am betting a goat, two mules, and a very sassy aardvark. Why do you think you can’t covet another man’s wife, ox, or ass as stated in Rule Ten. Seems we have an equivalence for the Bible thumping crowd. Tread softly here.
“Believe me, I’m no queer, I am a polygamist, you fool. And guess what, I am not a Christian either! Jesus of Nazareth was opposed to the sectarian confusion and nonsense of Babylon the Great upheld by you. Looking at your photograph, your visage betrays that you’re a queer. I unerringly discern the motivation here: the attempt to destroy God by destroying one of his daughters.”
Art,
A polygamist no less and not a Christian, but a user of Christian philosophy. You call me a queer to. how precious. Also how sad for your wives that they are stuck with a delusional man. The truth is you could have a dozen wives and still be a homosexual. It’s what’s inside your mind and those hidden desires that make it so. All I know is that any man who is so threatened and disgusted by homosexuals must have that kind of problem. If you were such a great heterosexual, why would you care as much as you seem to do. Your fear and loathing gives you away and you belief that the Deity would speak to one such as you and proclaimed the vile hatred you profess is sadly delusional.
I think Prof. Turley should initiate a troll tax for postings that exceed 3,000 words. Maybe the fines collected could go to help pay for the health care reform.
To all preparing a dive on Art Bulla (you’ll be going DEEP), monitor your time and depth appropriately. Oh and please remember your decompression stop strategies when you commence a slow ascent.
Art, if you are not a Christian, why are you pasting up “The Revelations of Jesus Christ,” you damn polygamist? Keep MY NAME out of your hate-filled rants, thank you very much. I am returning, and your sorry ass is the first one I will find.
Mr. Spindell said: “Most people who fear other types of people are really afraid of the feelings they have within themselves. Those who despise and loathe other human beings seem I think to fear that they are really like those others. People who despise and loathe other also run counter to Jesus teachings. Was it not he who supped with publicans and saved a whore saying “Judge not lest you be judged.” Mr. Bulla, you act in a most un-Christian manner and one counter to your Lord’s teachings.”
Believe me, I’m no queer, I am a polygamist, you fool. And guess what, I am not a Christian either! Jesus of Nazareth was opposed to the sectarian confusion and nonsense of Babylon the Great upheld by you. Looking at your photograph, your visage betrays that you’re a queer. I unerringly discern the motivation here: the attempt to destroy God by destroying one of his daughters.
7 For the things which some men esteem to be of great worth, both to the body and soul, others set at naught and trample under their feet. Yea, even the very God of Israel do men trample under their feet; I say, trample under their feet but I would speak in other words–they set him at naught, and hearken not to the voice of his counsels.
(1 Ne 19:7)
And you so much as admitted it in your post. Queers never understand the motivation of the righteous. Contempt and righteous indignation is not fear, fool. The reason you fear the righteous so much is because deep inside of whatever humanity you have left, you have this gnawing uncertainty, a certain fearful looking for the judgment of God, an then project this fear of righteous judgment onto Orly Taitz (who is in a battle to expose a wicked and corrupt charlatan who lies every time he opens his mouth) and this in order to destroy her that your sins might remain covered. You project because you realize the enormity of the judgments that will come against you and your kind should the righteous ever gain political ascendancy as they once had at the founding of this nation, or when the judgments of God otherwise overtake you.
26 For if we sin wilfully after that we have received the knowledge of the truth, there remaineth no more sacrifice for sins,
27 But a certain fearful looking for of judgment and fiery indignation, which shall devour the adversaries.
28 He that despised Moses’ law died without mercy under two or three witnesses:
29 Of how much sorer punishment, suppose ye, shall he be thought worthy, who hath trodden under foot the Son of God, and hath counted the blood of the covenant, wherewith he was sanctified, an unholy thing, and hath done despite unto the Spirit of grace?
30 For we know him that hath said, Vengeance [belongeth] unto me, I will recompense, saith the Lord. And again, The Lord shall judge his people.
31 [It is] a fearful thing to fall into the hands of the living God.
(Heb 10:26-31)
And speaking of Barack Obama, he has the stated intention of destroying what he perceives as the ascendant white hegemony as per his own admission, hence the marshaling of Acorn to harass and intimidate bank presidents and their families to grant unwarranted and unrighteous loans to those not credit worthy, according to the rules of banking, simply because they are black, to join him the first affirmative-action president as the thrill runs up the leg of Chris Matthews.
Matt 15:26
26 But he answered and said, It is not meet to take the children’s bread, and to cast [it] to dogs.
Mark 7:27
27 But Jesus said unto her, Let the children (white and delightsome Israel) first be filled: for it is not meet to take the children’s bread, and to cast [it] unto the dogs.
I discern him, you and Orly Taitz with righteous judgment, for I am a judge, you know it now or will know it at the last day. Plain speaking is a source of embarrassment to queerdom, hence their unceasing mockery of George W. Bush, not realizing that he was baiting you all along by feigned clumsiness, sort of like Columbo. The American people are waking up to your lies and effrontery.
I received the following revelation from Israel’s God concerning your society controlled and ruled over by queerdom:
7 For I the Lord thy God have for-ordained him, even he who was mighty and also strong, from before the foundation of the world to do my work, as in times of old, and to be a prophet unto the nation in which thou standest even at this time, for I the Lord God am no respecter of nations as well as individuals-which nation is nigh unto destruction because of the wickedness of the children of men upon the face thereof, as before the flood.
8 For as before the flood are they in their hardness of heart and blindness of mind and their wickedness and abominations which they, even they, the common man and woman, the majority, practice in that which they think is the dark in the which they say, “who is the Lord God of Abraham, Isaac and Jacob, of whom we have heard, but do not believe, that we should fear him?”, even as before the flood, yea in their ignorance of the mysteries, and their murders, and their fornications, and their lyings, and stealings, and their mixing with the seed of Cain, the black race, and pride, and unbelief, and their fossils and their technology, and their false religions, and haughty carriage, and fashion, and education and vain looks, and their whoredoms, and their tampering with the life which I the Lord their God have given unto them, yea their birth-control as before the flood, and their psychology, and their biology and their false science, and their evolution and their technology as before the flood:
9 In the which they say as before the flood, who is the Lord God that we should fear him, for are we not a mighty nation and people, and have we not freed ourselves from the delusion of our fathers who were bound down by a vain and foolish hope of a resurrection, and this through evolution and false science, and false religions, which abound as before the flood;
10 And women’s liberation, and the officers in their swagger and bullying and the police and their magistrates who strut and lift themselves up in pride over the people, and their proud and arrogant legislatures and their lying newsmen who distort the truth for gain, and the institutions of society, know ye not O deluded prophet, there is no God, for do ye not behold the world as we who are destroyed?
11 And are we not content and happy?
12 And we fear Him not, for know ye not that we have our teachers and we have our god which guideth us and giveth us comfort in the night, and teacheth us of its ways, the ways of the world, yea, even television, and doth it not teach us the truth, for it is marvelous in our eyes, and it says nothing concerning thee or thy God who hath spoken unto thee?
13 Vain prophet do ye not see as we see, who have seen nothing, only corruption and lies, and effrontery from our god, fashion, and mad pursuit of pleasure and harlotry and we know nothing else, and do we not give lip to that which hath been passed down to us from our parents, and that which our governor tells us and Dan Rather tells us?
14 Therefor leave us as our governor, and our parents and Dan Rather and Roger Mudd and Frank Reynolds, to our fornication, and our drunkenness and our unbelief and our wickedness, or we will kill thee, as our fathers before thee killed them who dared speak of old, even thy prophets of Jacob who are deluded like unto thee, even Joseph and Hyrum.
15 And does not the majority, do they not believe as we?
16 Therefore we outnumber thee, O deluded man, and it is that if the majority see as we, are ye not in error, surely?
17 And do the rest like unto us, understand thy words, O Prophet, and where are thy converts and the hosts that should follow thee if thy words be true?
18 And thus we do not believe thy words that thou hast seen him.
19 And thus they lift themselves up in pride against me, the Lord God, who is mighty in battle, as before the flood, to the complete destruction of soul and body.
20 For it was that them before the flood obtained promise of deliverance in the resurrection from hell, which shall not be given unto this generation, saith the Lord, for thou hast also blasphemed against the Holy Ghost, O liberal man and woman, which they did not do before the flood.
21 And it is that unless ye speedily repent, ye shall be destroyed both body and soul in hell for I love the effortless fury of the battle, and the blood shall run to the bridles of the horses in that day, saith the Lord God of Pharaoh, and whose destruction unto thee, O liberal man and woman is beyond the mind of man to comprehend in the height and depth thereof, which no man knoweth save he shall be made partaker thereof.
22 Yea with the devil and his angels ye shall suffer the second death, in my fury and wrath upon thee, O man and O woman, who darest lift up thy feeble head against my legions who shall come in this day, saith the Lord God.
23 And also mine own arm which shall fall upon thee to thy destruction as before the flood, and by pestilence and plague and earthquake, as my armies which shall go through as a young lion in the midst of sheep, and the fall of thy economy, and thy utter destruction both body and soul which hangeth over thee, O man, even now, and these things are upon thee except ye repent and come unto me through him whom I have appointed for the deliverance of the righteous in these things, saith the Lord God of Joseph Smith and Hyrum, whom your fathers, O ye Gentiles killed, and rejoiced in their deaths.
24 And did I not pour out civil war upon them as punishment, even in these things, saith the Lord, to requite the blood of the prophets upon their own heads, saith the Lord God of destruction and terrible vengeance?
25 For is not all flesh in my hands that I the Lord God cannot cause that which looketh as the natural course of events unto the natural man unaided by the spirit of Revelation, but which are strong delusion which I the Lord God poured out also upon the Jews before their destruction before the Roman Eagle, in the which I the Lord God brought about their destruction easily, O man, and effortlessly by their delusion and deep sleep as to things which are real, that they perished under the sword, dreaming that their necks were stronger than the steel of the blade as it was brought down upon them, that their God would deliver them?
26 And thus I the Lord God destroyed them, even as I, the Lord God will thee, O man, and O woman, for I the Lord God am the author of life and of death from before the foundation of the world, and was not the flood murder unto thee, O liberal man and woman whom I loath, saith the Lord, for thou hast provoked me, the Lord Thy God as before the flood, with thy haughtiness and wickedness.
27 And where is thy police that can deliver thee, O man, from me?
28 For they are full of iniquity also, saith the Lord, and are worse than them whom they persecute, and have participated in the shedding of innocent blood, even that of John Singer, saith the Lord God of Abraham, Isaac and Jacob.
29 And it is for these things a curse hath been placed upon the land, as before the flood to thy utter destruction, both body and soul.a
30 But it is my will, saith the Lord, that thou shouldest pray unto me in thy secret places concerning these things, and I the Lord thy God will answer thy prayer unto me, and will fill even thy frame with such power from regions of light and glory and might and power, that it is impossible that thy tongue, O man, can express the power thereof, that ye may have a witness from me, even Jesus of Nazereth that these things are true, and that I the Lord God have appointed him and all who would receive me, even the Lord thy God, when it is that I shall come with my Holy Angels to reap down even the earthb upon which thou standest, must receive him, or it is that they must all be cut off from my presence, even forever and everc, worlds without end.
31 Even so, I the Lord God have spoken it and so it shall come to pass.
32 For it is that no man knoweth the things of God, save it be by the Spirit of God.
33 And all the preachments of men, save they shall be given by the inspiration of the Comforter are of no efficacy or value unto the souls of the children of men for their salvation, saith the Lord.
34 For why is it, saith the Lord, that ye require the Gateway spoken of to be narrow when it was that I the Lord God did send unto that stiffnecked and unbelieving generation even John, named the Baptist, and that it be broad unto you, O ye generation of vipers like unto them?
35 For as it was then, even so it is now, for I the Lord God am no respecter of persons or generations, and am the same yesterday, today, and forever, and because I the Lord God send unto you one gift, ye need not suppose that I cannot send another, for he it is that was with me from the beginning and reserved that he should come unto thee at this time for thy salvation, both temporally and spiritually, for he it is that was mighty before the foundation of the world for the defeat of Lucifer, even at this time, saith the Lord, and has stood upon my right hand in reserve, from before the foundation of the world as my mighty one who should be held in reserve to do battle for mine honor and my name upon the earth against mine enemies, both in the flesh and the spirit, saith the Lord God, that they may know of my power which shall be manifest when ye are gathered unto him, O Israel, such as has not been seen since Moses and Enoch.
36 And it is that because that none of you have faith and intelligence and knowledge sufficient to pull down answers from that region of light, that ye cry blasphemy as the Jews, when it was that I sent mine Only Begotten unto them, O ye stiffnecked and unbelieving generation!
37 And he it is that I have sent at this time shall be the means of baptizing this generation also for a remission of sins, by mine authority, that they too shall receive baptism of fire and the Holy Ghost by the laying on of his hands as anciently.
38 And thus it is that my people shall once again worship me in Spirit and in truth as anciently, that I the Father of Heaven and earth may once more take up my abode upon the earth, as in the Garden before the fall, yea, of Eden.
39 And this is the only true gospel which is and shall be recognized by the heavens as anciently.
40 For I the Lord his God have covenanted with him that all who come unto me, even his Father, must come unto me as in the manner of old.
41 For I, his Father must am no respecter of persons.
42 For it was that I his Father did send in mine Only Begotten unto that generation and that generation only, and in this generation, there is a second witness of me, the Father, of equal weight and validity and power and might before me, as mine Only Begotten son, for out of the mouths of two witnesses shall every word be established, which thing is my law, saith the Lord, for by these two, who are mine, will I the Father who art greater in might than they all, shall judge the earth upon which thou standest.
43 For his is of Ephraimc, and mine Only Begotten is Judah, and who is greater before me, saith the Father?
44 And in this generation all who would come unto me must receive him who was Mighty and Strong from before the foundation of the world.
45 For I did send mine Only Begotten unto them, because ye, O Ephraim, were scattered among the nations, therefor it is that I the Father have sent Him also unto thee, that he stand also upon my right hand with me in my power, for he hath also descended with mine Only Begotten, below all things, and hath also drunk out of that bitter cup, for all things have also been stripped from him except his life, and even that hath hung in the balance, saith the Father.
46 And thus are we not one, yea one in doctrine, and mind and spirit, but not one in body, O man?
47 And this because of his intelligence, for light cleaveth unto light and intelligence, saith the Lord, unto intelligence.
48 And there were none greater in intelligence among the sons of God from before the foundation of the world, that Satan could not deceive him as he hath thee, O man, with his lies and cunning craftiness and thy unstable mind and heart, yea for his intelligence, which is the light of truth, he cannot be deceived by him, saith the Lord, and he is the stone spoken of by Isaiah in the 28th chapter, which should be laid in Sion, tried and precious by me, his Father.
49 Thus ye have a sure anchor for thy soul and ye may rely upon him as a sure guide for thee from me, and he will lead thee, my sheep into green pastures, where no ravening wolf can enter in, for he guardeth the gate and will destroy him for thee that thy life be spared, O man, and O woman, and if ye hearken and be obedient unto him in all things, ye shall be delivered from death and that devil and that yawning abyss of hell which jaws gape wide open the mouth that ye descend thereunto, if ye repent not before me, saith the Father, for I will not be mocked.The Revelations of Jesus Christ, Section 24.
@Bigfoot,
So long as it is filed as a certificate of live birth then file it. Hell, where you allegedly born? Scotland? Is that part of the US?
Hell, if we can suffer stupd at W’s expense then you too can be president.
My birth certificate is kind of large.
They had to use a bedsheet so that my footprints would fit on it.
Slats: “Do you think that in light of Judge Carter’s ruling the birthers will be able to establish standing by challenging President Obama’s eligibility on the 2012 ballot?”
First, the birthers will not be able to attain standing, because they will have no more of a particularized injury or tangible case then than they have now. But a presidential candidate in a state primary might be able to show an actual injury. Gore and Bush had standing in 2000 because Gore had a solid chance of winning the election if the Court had ordered more ballots counted, and if the ballots had gone his way.
So candidates might enter the race again and sue in the first states that accept presidential nominations for their primary ballots, and might be granted standing. But then they will lose, badly.
The Democrats will enter the COLB. It says on its face that it is prima facie evidence of birth in Hawaii. It is a birth certificate, because it meets the definition of “birth certificate” in federal law in Section 7211 of Intelligence Reform and Terrorism Prevention Act of 2004, Pub.L.108-434, 118 Stat. 3825, Dec. 17, 2004. It is online:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_public_laws&docid=f:publ458.108.pdf
This definition was first introduced into the online birther debate here at the Turley Blog: Here it is in full:
SEC. 7211. MINIMUM STANDARDS FOR BIRTH CERTIFICATES.
Contents
(a) Definition.–In this section, the term “birth
certificate” means a certificate of birth–
(1) for an individual (regardless of where born)–
(A) who is a citizen or national of the
United States at birth; and
(B) whose birth is registered in the United
States; and
(2) that–
(A) is issued by a Federal, State, or local
government agency or authorized custodian of
record and produced from birth records
maintained by such agency or custodian of
record; or
(B) is an authenticated copy, issued by a
Federal, State, or local government agency or
authorized custodian of record, of an original
certificate of birth issued by such agency or
custodian of record.
Section 7211(a) has been codified as a note following Title 5, United States Code, section 301 (5 U.S.C. 301 note):
http://law.justia.com/us/codes/title5/5usc301.html
The COLB is a “certificate” of birth, because it said on its face that any alterations of “this certificate” would render it invalid. It was issued to an individual who was a citizen at birth, not a naturalized citizen. His birth was registered in the United States, according to public statements of the responsible custodial officials.
The COLB was issued by a “State … government agency or authorized custodian of record” and it was “produced from birth records maintained by such agency or custodian of record….” In the alternative, it was ”an authenticated copy, issued by a … State, or local government agency or authorized custodian of record, of an original certificate of birth issued by such agency or custodian of record”
So the COLB meets all of the elements of the definition of a “birth certificate.” There is no requirement for the name of the hospital or the names of any witnesses in the definition.
The burden then would shift to the birfers to provide some grounds to go behind the official certificate and the testimony of the custodial official. They would have to
(1) prove that it was a forgery or ( 2) that valid Kenyan or other birth certificates exist.
The forgery “experts” have all been shot down, and even the WorldWingNutDaily conceded last year that it was genuine. The two Kenyan birth certificates were pathetic fakes, and anyone seeking to introduce them risks perjury charges and jail time.
Obama has already complied with the proposed bill [below], and has already met any legal challenge on the merits to his right to hold office based on a challenge to his place of birth.
At this point, it is the “afterbirfers” who step up to the place. Like Leo Donofrio, they contend that Obama is ineligible even if he were in fact born in Hawaii in 1961, where he was in fact born.
“Afterbirfers” ™®C come in two flavors.
Leo’s “dual citizenship” crowd say that Obama is not “natural born” because his father was a citizen or subject of Kenya or the British Empire at the time of birth. That is the non-fat version. The full sugar version says that Obama himself was a British or Kenyan citizen or subject at birth, and cannot serve because of dual loyalties, or because he was subject to the jurisdiction of another country at birth, and maybe today.
This is sure to lose because the 14th Amendment said all persons born in the U.S. are citizens, except for children of ambassadors and of hostile occupying forces, and the Supreme Court ruled in Wong that children of aliens born in the States are just as much citizens as the children of natural born citizens. (This is the short form of the argument. It can go on for years).
Obama did have conditional Kenyan citizenship at birth, but that was dependent on his claiming it before he turned 21, and he never did so. It expired. There is nothing in the text, intent or interpreting Supreme Court cases to support Leo’s theory.
Leo is shocked, shocked that a person who was once a citizen of another country could be President and Commander in Chief. Enter a servant to give Leo his poker winnings, along with biographies of Washington and all the Presidents up to Zachary Taylor or someone, who had all been subjects of Great Britain at one time. For crying out loud, Washington had been a BRITISH GENERAL. Sputter, sputter…. Will no one in the kingdom rid me of this meddlesome pries…, um, poker player?
The other crowd of afterbirfers says both parents must be citizens, without reference to dual citizenship. Mario and Kerchner base this on the writings of Vattel, who was not a framer, and was not even American, and wrote in French or something years before the Constitution, and wasn’t even translated into English until 1797. Mike Appleton and others have demonstrated the common law, not Vattel, was the source of the meaning of the term “natural born.” It meant all babies born in the country, except babies of foreign diplomats and occupying armies.
Written predictions ™®©:
(1) Some fringe candidates may get standing in the 2012 election.
(2) The will lose on the COLB issue, since the courts will hold it valid.
(3) They will not get access to the Hawaiian records.
(4) They will lose on dual citizenship.
(5) They will lose on the two-parent requirement.
(6) They will never accept the rulings on the merits that they so longed for, and will go into the night crying “usurper.”
If the bill introduced by the Republican Congressional birthers should be passed, the courts would have to rely on the federal legal definition in Section 7211 and Title 5, since the bill amends federal law.
(a) In General- Section 303(b) of the Federal Election Campaign Act (2 U.S.C. 433(b)) is amended–
(1) by striking `and’ at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and inserting `; and’; and
(3) by adding at the end the following new paragraph:
`(7) in the case of a principal campaign committee of a candidate for election to the office of President, a copy of the candidate’s birth certificate, together with such other documentation as may be necessary to establish that the candidate meets the qualifications for eligibility to the Office of President under section 5 of article II of the Constitution.’.
Again, Obama is the first potential 2012 candidate to have complied with this bill in full. Obama has produced his birth certificate. Farah and the WorldNutters are liars when they ask in billboards “Where’s the birth certificate” because Obama has already produced his birth certificate.
Pardon me,
Yeah. And the abominable snowman dies in a hunting accident the day after he’s inaugurated.
Abominable Snowman/Sarah Palin
Bigfoot,
I’m not voting for you until I see your birth certificate (and it better have all of the information on it that I want – starting with the winners of the next 5 super bowls…).
Vince,
I’m thinking that when the 2012 elections roll around one of the birther lawyers (probably not Orly since I’m guessing that she will be disbarred by then) will find a republican who will declare himself a presidential candidate and pass the standing hurdle and quickly find their worst nightmare realized when the court takes judicial notice of the COLB or statements by the Hawaii DOH (and if they’re really unlucky, the courts will give a definition for natural born citizen). Do you think that in light of Judge Carter’s ruling the birthers will be able to establish standing by challenging President Obama’s eligibility on the 2012 ballot?
Bigfoot/Buddha 2102.
Better yet, Buddha/Bigfoot 2102.
Bigfoot/Kucinich 2012
Thanks, BIL.
Just an announcement to all my fans.
I was born in the United States to natural born United States citizen bigfoot parents, and I am running for President in 2012 against the Usurper.
It literally took hundreds of years for Bigfoot to get a wiki entry of his own and the Birthers accomplished this feat in less than four years. Impressive. Maybe the Birthers are in the wrong line of work. I hear ‘Nessie is looking for a publicist. Perhaps they could start by attacking its Scottish parentage or lack thereof.
For everyone’s ready reference, there is a complete Obama citizenship conspiracy page at wiki that has notes and links for just about every crazy theory out there.
http://en.wikipedia.org/wiki/Barack_Obama_citizenship_conspiracy_theories
“That is what mathematics is all about, something that Darwinists will never understand: truth, diamond truth which cannot be chiseled or cracked to accommodate the iron bedstead of their foolish and evil misconceptions.I despise you, sir and if you were here and send those things to my face, you’d be taught a lesson that your mama never cared enough to give you.”
*************
Art Bulla? I think he left off a few letters from that last name. And lose the “a” too, it makes you look semi-literate when you botch the spelling of common expletives.
LOL. This is the best spoof of a troll I have seen. Continue on Art, it’s getting higher and deeper. Bravo.