Hawaii Assistant Attorney General Jill Nagamine reportedly asked the Court in Hawaii to brand Orly Taitz a “vexatious litigator” (a fate received by Andy Martin once in federal court) and bar her from further filings in Hawaii without the court’s permission. Nagamine further said that the the State was going to file a request for sanctions to repay their costs responding to frivolous motions.
Is Lady Liberty going to take this lying down? Is the Queen of the Birthers just going to sit silently and let the AAG get away with this? Is the sun rising tomorrow?
I think that reports of Taitz trying to buy up vintage World War II Japanese fighter-bomber airplanes are spurious. However, she did drop some strong language on the state [link to Taitz web site]:
Miss Nagamine,
out of abundance of caution I am serving you yet again with a subpoena for your client to appear at trial on January 26 and for pretrial deposition.
Please, be advised, that I will be seeking sanctions against you, if you do not cease and desist your meritless attacks on me and your continuing defamation of my character in that you are seeking for me to pay your costs in defending forgery and elections fraud by your officials and your requests for judge Nishimura to label me a vexatious plaintiff in the state of HI after bringing only 1 legal action in the state of HI, which is not frivolous, but a legitimate action of seeking inspection of an original document in light of an alleged copy, as well as and my service of subpoena for your client to appear at trial and for pretrial depositions. I will be reporting your actions and actions of your clients to the Oversight committee of the House of Representatives of the U.S. Congress, as well as the Inspector General of the Department of Justice for criminal investigation of violation of civil rights under color of authority, harassment of a civil rights attorney, defamation, obstruction of justice and aiding and abetting forgery and elections fraud.
Sincerely,
–
Dr Orly TaitzESQ
Taitz had previously written that Nagamine was married, so I don’t know where the “Miss” comes from. Whatever the appellation, I don’t think this will be well-received in the Hawaii Attorney General’s office.
WARNING: There have been recent reports of problems with Orly’s site. Use caution.
Will the California Bar never do anything to stop this woman? She is the poster child for what is wrong with online law schools that teach how to pass the bar but not how to be a responsible attorney (or even how to properly litigate even the most minor case).
Is this threatening letter considered ethical in the profession? It is akin to a poker player’s bluff, but really, the Court ruled in the DOH attorney’s favor, first of all; secondly, the proper forum to dispute any request for sanctions and/or naming of a vexatious litigant is once the motion is filed; thirdly, these threats of retribution by misusing the Congress are outrageous.
I am miffed that there is a fundamental misunderstanding by Taitz about the mechanics of the Court system. They rule on law, not feelings — even if they sympathized with her position and goal, which I am certain they don’t. What she is really asking for is a Court that rules outside the laws and based on political considerations — like in the old Soviet Union. How ironic!
I keep seeing posts like that on Fogbow, but I ran my Malware program, the full scan for 29 minutes!, and it came up with nothing.
Most likely what Orly’s rant and resubmission of her subpoena will do is cement her being tagged a vexatious litigant, ensure she will pay costs and fees and “hopefully” ensure sanctions and a referral to the CA bar from the court (whatever good that will do), but there’s at least one there from GA, so if they continue to pile up, who knows.
An even better Orly Girl Fight was posted today at NBC’s site:
http://nativeborncitizen.wordpress.com/2012/01/15/humor-orly-v-orly/
ROTFLMAO!
Yeah, that’s Sue Galloway, who among other things, has a small but recurring role on my favorite tv series, “30 Rock.” Her character is named “Sue” and she is supposed to be from Denmark or something . . . it’s not really clear. She’s married to John Lutz, who plays “Lutz” on “30 Rock.” Both are contributing writers for SNL.
Yeah, it’s kinda’ like politicians or preachers who rail against homosexuals and then get caught in a rent-boy scandal.
Orly is too stupid and too crazy to realise she has just threatened a public figure.
I can hear the sanctions already.
“30 Rock.” , isn’t that Sarah Palins show, where she costars with ?
Its not liked she has not been warned about using the courts to get “political” rulings. Shall we take a stroll back to the heady days of 2009 with Judge Land and the denial of the Motion for Reconsideration?
Of course, in typical Orly fashion, she somehow managed to get the Judge to double the sanction.
😉
I don’t see how there hasn’t at least been some mark.
It would be one thing to disagree with a judge, but to publicly accuse judges and fellow officers of the court (even outside the court) as corrupt would seem to be something that could be addressed with serious sanctions and possibly disbarment.
I saw something on this guy. His MO seems familiar.
http://en.wikipedia.org/wiki/Jack_Thompson_(activist)
One tactic the birthers have not tried is to attempt to subpoena the off-site data records of the HI DOH. Can anyone discuss whether the HI laws are still in force for repositories such as Iron Mountain, especially if they are not in HI? Hopefully these would be encrypted, so even if Orly got her grubby fingers on these she wouldn’t be able to use them, but still …
Hearing video added to article. I haven’t watched the video yet.
Clearly a “Let me feenish” was missing near the end.
The write up at Fogbow(?) was absolutely spot on. Please skip through first 20 min of Orly droning on. Life is too precious. Fireworks commence around 24:00 or so.
Thanks for the good advice! Saves me a lot of time. 🙂
I guess I’m not getting those minutes of my life back. I went through the court transcript, but it was no substitute for video.
I’ve been on a jury before, so I do understand that lawyers are never as polished as actors. They hesistate and say “um” a lot, as I heard from Judge Nishimura and Dept Attorney General Nagamine. It was interesting seeing how breathless Taitz could get. I’ve seen her act a few times on TV and even saw a little footage of her in a courtroom.
I’m also left wondering how Taitz could get away with calling anyone specifically corrupt or part of a “criminal enterprise”. While I realize that the Hawaii Attorney General’s office is trying to have her sanctioned, in court, Nagamine was quite respectful and didn’t resort to any histrionics or name-calling. She was matter of fact – sort of what I expect from being in a few courtrooms myself over the years. I thought that in real life, lawyers aren’t like Perry Mason or Tom Cruise in “A Few Good Men”. Even Johnnie Cochran only used his theatrics sparingly.
I’m also left wondering if there’s ever been a case where an original vital record has been successfully been subpoenaed or ordered by a judge to be brought to a court. That just seems like a slippery slope that no court would ever want to cross. I do notice that 338-18 mentions the “inspection of public health statistics records”, but it doesn’t mention anything that would allow such a record to be removed from a Dept. of Health office. I’m sure they moved these things around (like from the other islands to the main archive in Honolulu) but I’d think once it’s in the archive it’s supposed to stay there unless there’s a move.
> so I do understand that lawyers are never as polished as actors
Depends. I’ve seen some high profile trials in corporate cases where you could get the impression they all had every possible argument memorized.
> Nagamine was quite respectful and didn’t resort to any histrionics or name-calling
Why indeed should she stoop to Orly’s level? Orly would beat her with experience. 😉
> Even Johnnie Cochran only used his theatrics sparingly.
Maybe that was simple caution. He knew that if he overdid it, the court would’ve thought “he’s doing that because it’s on TV” and that again might have hurt his case. After all, he’s still a professional, not some attention wh*re like Jacques Vergès.
With Cochran, I think the operating phrase would be “was a professional”. Would some deep pockets birther perhaps tried hiring him if he were still alive?
While some of the stuff was a bit off the wall, Orly seemed to remain somewhat composed when she was reading her script from her laptop. Again, I’ve been a juror or prospective juror for a few trials, and I don’t recall ever seen an attorney being allowed to read from a script. The most I saw was maybe a few glances at notes, but most attorneys wanted to make some eye contact with others in the courtroom. I thought that’s especially true if it’s a hearing without witnesses or a jury – that the attorney generally looks directly in the eyes of the judge. She was staring at her laptop for almost 20 minutes with her hands in the same position. You could contrast that with Deputy Attorney General Nagamine, who spends most of her prepared time looking up directly at the judge, and using her hands for emphasis rather than raising her voice.
Still – it was interesting hearing Orly refer to “a court of competent jurisdiction” over and over again like saying that repeatedly was going to make a difference with the judge. Her histrionics really started when she didn’t have any notes, and it became almost a stream of consciousness rant.
By the way, does anyone know what Hawaii’s definition is for a “court of competent jurisdiction” is? I found that federal law defines it specifically depending on the particular chapter. Here was one definition regarding wire fraud:
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002711—-000-.html
I don’t know if Hawaii has some specific definition. It’s mentioned many times, but never really defined.