Friday, July 8, 2011

Orly's latest carnival side show and why it will fail

You would would think after a two and a half year year unbroken string of complete and utter failures in the courts that even the most insane of Birthers would be a little skeptical about Orly Taitz latest stupid lawyer trick. But alas no. They are falling for it again. Birther blogs like Birther Reports and Dr. (k)Hate's are frothing at the mouth over the "court ordered" subpoena that Orly mailed to Hawaiian Director of Health Loretta Fuddy to perform an examination of the "original long form birth certificate". The subpoena was issued in the Taitz v Astrue FOIA case in Washington, DC District Court. Here is how Orly explained her latest bit of legal brilliance:

I served the director of Health with 2 subpoenas. [Actually, it is 3 subpoenas, but who is counting?]
There are two ways to issue subpoenas: first -generated by an attorney and second-generated by the court. Even if the case is in DC, the subpoena will come from the district court in HI, sine the director of Health is in their jurisdiction.
after I served the director of Health, Loretta Fuddy with the the first subpoena, the attorney General of HI responded on her behalf, stating that she will not comply due to the considerations of privacy (totally bogus argument, since Obama already released the document, so he cannot claim privacy as a legitimate issue).
I served them with a second subpoena, this time it is signed by the clerk of the court. Meanwhile I am filing a motion to compel with the judge, saying that they are refusing to comply with the first one and I want a court order. If meanwhile they comply with the second subpoena, I will withdraw the motion.
I have multiple opportunities and multiple ways to get there. I’d like to keep my cards close to my chest, so I will not explain further. All I can say, that If the judge does not rule in my favor in the case at hand, I will continue on multiple fronts and at the end of the day a number of people will be sitting in prison. Several highly positioned individuals will be in hot water. ObamaFraudGate and ObamaforgeryGate is 100 times bigger, than Watergate. It will not go away, it will only grow bigger and it will swallow more and more officials.  Democrat party will end up completely annihilated, if it lasts much longer. also, there is a backlash against sitting republican congressmen and senators. My feeling is,  that during the next election sitting congressmen from both parties will end up being sent home: Republicans will be sent home during the primary, Democrats -during the general election.
Deputy Attorney General for Hawaii, Jill T. Nagamine, sent a letter to Taitz in response to her first subpoena that Orly had signed and explained why there was no way they would comply with the stupid request. She quoted the pertinent sections of Hawaiian law 338-18 that lists who is entitled to get a copy of another persons birth records and Orly is not on the list. Orly believes that since the President released a copy of his LFBC on April 27 that it somehow magically changes the law.

A commenter named "pro graphics" on Birther Reports was so excited that he is offering Orly advice on choosing the "experts" that she will take to examine the original records come August 8:


 RECAP:


1. Gather like-dated documents (Maybe the Nordykes will provide one - that would be ideal)


2. Start following leads for experts. A primer for the right approach can be found in this FAQ from applied forensics


http://www.appliedforensics.com/faq.html


Check their public record of campaign contributions - you don't want to accidentally wind up with a mole.


3. ASAP - Get 3 of these people. This could run into real money. Start getting the money together for this right now, and identify the people you want with consultation - investigate their background for campaign contributions - but pay no one yet because we do not know if the subpoena will be honored. If and when it is, DOH is likely to force Orly to rush through the process with only a few days warning - they will try to schedule this on their terms that favor Obama - so Orly must have all her ducks in a row ASAP and be ready to jump.


If anyone blows this opportunity - if the document is made available - we'll be in "conspiracy theory" land forever. The only other thing we can do day-to-day for sure, IMO, is continue doing what has been successfully started: get the word out. Stamping, flyers and the rest. Public pressure will do for us what the subpoena situation will not if it should fail. And people need to have the foundation established for them right away - OBAMA'S BIRTH CERTIFICATE IS FAKE - so they immediately understand what Orly says when she releases the result.


Someone close and trusted by Orly may want to forward this to her. Might help. You never know.

So how did Orly obtain the most recent subpoena signed by a clerk from the federal court in Hawaii? A quick check of FRCP Rule 45(a)(3) states that any attorney may obtain a a signed blank subpoena from the clerk of a federal court.  This is what Orly did. (Orly stopped reading there unfortunately.) For many reasons including, but not limited to the reasons Deputy AG Nagamine gave in her previous letter to Orly, this inspection of the records will never take place. There is one glaring error in Orly's latest motion to compel that even this humble writer who does not have a legal degree, mail order or otherwise, was able to spot. I am not going to reveal it though. We have given Orly just the right amount of help that she is hopefully going to get exactly what she deserves from Judge Lamberth. It will probably not be what she expects.

3 comments:

  1. Sterngard FriegenJuly 8, 2011 at 6:53 PM

    In addition to the fact that no discovery conference has taken place (or will before this lawsuit is dismissed) -- making the subpoena and the motion premature -- and that the information sought is not relevant to the current lawsuit, there are also 4 or 5 procedural screwups Taitz has committed which will prevent her from getting anything.

    Best not to discuss them here and educate the Chaleria.

    But it's going to be just another epic fail. A typical result for Taitz.

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  2. I counted at least four procedural f*** ups in my first reading of this motion. Then I went to Westlaw and pulled up the two cases that she cited. I can't even imagine why Orly thinks those cases support her. I'd give anything to be a fly on the wall in Judge Lamberth's chambers when he reviews this POS.

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  3. "There is one glaring error"

    Easy. It's Taitz.

    I'm with GeorgetownJD -- except I'd rather be there to hear Taitz explaining her motion to compel. "Yoo-hoo, judgie-poo. Would you mind taking a little look at this" unauthorized, invalid, unenforceable "little subpoena." WOOPS! "Did it myself, doncha know. I especially like all the little sweethearts I doodled around the edges. Anyhoo, seeing as we're" not "in discovery and all, and I can't get that mean ole Fuddy bee-yotch to do this one simple little thingie for me, would you mind signing this motion to compel for this" did I mention invalid, unenforceable "subpoena? There's a dear."

    Bad enough Taitz is issuing subpoenas she has no authorization to be issuing. She then calls the judge's attention to it by filing a motion to compel on a subpoena she knows to be invalid. How do we know she knows? Because she issued a second subpoena fixing some of the procedural errors of the first. Now she's dragged both the judge and a third party -- the state of Hawaii -- into her shenanigans. Lamberth is NOT going to be pleased. If Taitz DOESN'T get hit with sanctions (and Hawaii's legal fees) on this one, she should really count her lucky stars.

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