Judge questions Orly Taitz claims to have Obama birth certificate in hearing

[WeDidIt]

Judge questions Orly Taitz claims to have Obama birth certificate in hearing where Army officer fights deployment

During a hearing in U.S. District Court Monday, an attorney for an Army officer fighting deployment to Iraq questioned Barack Obama’s legal right to serve as president, asserting he was born in Kenya, not Hawaii.

Judge Clay Land, inquisitive throughout the 90-minute hearing, said he will issue a decision on Capt. Connie Rhodes’ request for a temporary restraining order by noon Wednesday.

Rhodes was represented by Orly Taitz, a California lawyer and a national figure in the “birther” movement that claims Obama does not meet the qualifications to be president.

<snip>

“Whenever I give you a minute, you go off on these talking points,” Land said.

“We have not seen Mr. Obama’s birth certificate,” Taitz responded.

“This is not a forum to lay ground work for a press conference,” Land said. “This is a court of law.”

<snip>

Read the entire thing here. Taits is batshit insane and this judge knows it.

[wtbymark]

1. Maybe after the trial, he will refer her to the Bar association for review

[Old Codger]

2. Trial ?

If he doesn't throw it out as frivolous he should be thrown out...

[intheflow]

3. So basically Capt. Connie Rhodes admits

to putting partisan politics over her commitment to serve in the armed forces and protect and defend her country. :banghead:

[WeDidIt]

4. I figure the JAG will take action once Land hands down his decision

She's getting an Article 88 at a minimum.

[ladywnch]

10. for us civilians, what is an Article 88 please? n/t

[WeDidIt]

11. Article 88

“Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.”

[ladywnch]

13. thank you. n/t

[trueblue2007]

21. Throw the RAT-BAG out. She has NO PLACE in our military.

Put her in jail.

[blink44]

24. A quote from the Captains facebook page

"I greatly respect those willing to fight for our country. The Army isn't just a job but a 24/7 way of life for better or worse. Whether you agree or disagree with the politics, I believe you should support the troops. You can always voice your opinions on election day."

To clarify. This is not a new quote. It is one that has been there for a long time.

[Historic NY]

5. wing bat crazy............

[vaberella]

7. I spat all over my screen because of that picture!!!

Dear God!!! Too funny. :rofl:

[MiniMe]

6. Taitz says we have not seen Obama's birth certificate, but says she has a copy

How does that make any sense at all?

[w4rma]

8. It only makes sense if she's lying. (nt)

[MiniMe]

9. Since she has said both in court, there has to be perjury in there

I would imagine that the Bar would frown on that. Perjuring yourself in court is a big no-no.

[Jim Lane]

12. Normally, a lawyer wouldn't make any statements under oath and wouldn't be charged with perjury

In her previous escapade, at least, Taitz didn't assert that the birth certificate was genuine. Her position was that it might be, even though no witness said it was, and that on the basis of that unsubstantiated speculation the judge should order the Government of Kenya to produce certain records and should order Hillary Clinton to appear for a deposition. Just to investigate the question, you understand.

Absurd, yes; perjury, no.

[RedCloud]

20. Can the judge order Kenya to exist as a republic before it did?

[craigmatic]

14. Where's hTaits's birth certificate you can tell from her fucked up accent that she's not from this

country either. If this shit was reversed the republicans would have a field day saying that the president's citizenship is being questioned by a foreign russian Israeli.

[Hello_Kitty]

15. There should be a picture of her next "vexatious litigation" in the dictionary. eom

[struggle4progress]

16. Federal Rules of Civil Procedure > III. PLEADINGS AND MOTIONS > Rule 11

Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

(a) Signature.

Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name — or by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention.

(b) Representations to the Court.

By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

(c) Sanctions.

(1) In General.

If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation ...

http://www.law.cornell.edu/rules/frcp/Rule11.htm

[struggle4progress]

17. ABA Model Rules of Professional Conduct (2004) > Rule 3.1

Meritorious Claims and Contentions

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law ...


ABA Model Rules of Professional Conduct (2004)> Rule 3.3

Candor Toward the Tribunal

(a) A lawyer shall not knowingly:

(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;

(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal ...

http://www.law.cornell.edu/ethics/aba/current/ABA_CODE.HTM#Rule_3.1

[struggle4progress]

18. Frivolous filings and vexatious litigation

Georgetown Journal of Legal Ethics
Summer 2001

by Schiller, Erin
Wertkin, Jeffrey A

... C. RESTATEMENT OF THE LAW GOVERNING LAWYERS

The Restatement of the Law Governing Lawyers 110 addresses frivolous advocacy:

(1) A lawyer may not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis for doing so that is not frivolous, which includes a good-faith argument for an extension, modification, or reversal of existing law ...

The Restatement provides yet another contribution to the legal definition of "frivolous." Comments to the Restatement define a frivolous position as "one that a lawyer of ordinary competence would recognize as so lacking in merit that there is no substantial possibility that the tribunal would accept it."29 The authors further provide a four factor test to help determine whether an argument includes a good-faith basis for an extension, modification, or reversal of existing law: (1) whether there existed a precedent adverse to the position being argued, (2) whether new legal grounds of plausible weight could be advanced, (3) whether new or additional authority supports the position, and (4) some other reason such as a change in the composition of the court.30

Comments to the Restatement highlight the capacity for frivolous advocacy to inflict distress, waste resources, and achieve results for a client that are unjust.31

Despite these concerns, the authors note that disciplinary enforcement against frivolous litigation is rare: "most bar disciplinary agencies rely on the courts in which litigation occurs to deal with abuse."32 ...

http://findarticles.com/p/articles/mi_qa3975/is_200107/ai_n8975976/pg_3/

[struggle4progress]

19. From the link in OP: "... Rhodes already tried to get a temporary restraining order in a Texas court

challenging her deployment. That court ruled Rhodes had no chance of success and denied the application, meaning that the captain can’t try again in Columbus ..."

[jberryhill]

22. Orly On Parade

...with the teabaggers in DC last weekend:

http://www.youtube.com/watch?v=ZGPo-HfbGgY

[BootinUp]

23. I'm going to laugh my ass off after the judge

has his final say on this crap.