Orly Taitz is thanking God [link to Taitz web site] for a ruling by DC Chief Judge Royce C. Lamberth that allows her to file 74 pages of motions and exhibits in the 2011 case, Taitz v. Astrue. I thought this case, a FOIA lawsuit to get at Obama’s Social Security records, was long-gone in October 2011 when Judge Lamberth denied Taitz’ motion for reconsideration of its summary judgment in defendant’s favor.
When the Court considers a motion for reconsideration, a party must show that there has been an intervening change of controlling law, that new evidence is available, or that granting the motion is necessary to correct a clear error or to prevent manifest injustice. Taitz is going for “new evidence” here, arguing speciously that she has proof that Obama is using the social-security number of one Harrison J. Bounel, born in 1890, and who has never been shown to even have a social-security number in the first place.
In his June 7 2013 order, Judge Lamberth notes:
Taitz has now, for at least the sixth time, failed to comply with her obligation in violation of Rule 5.2 [in regards to redaction of social-security numbers].
According to Taitz, she has now worked out a procedure for redacting the SSN, and has re-filed her motion for reconsideration. She didn’t get it 100%, but the judge must have given her points for effort (or more likely attempted to conserve judicial resources), saying in his June 17 Minute Order:
MINUTE ORDER. Pursuant to Federal Rule of Civil Procedure 5.2, the Court made minor additional redactions to plaintiff’s Motion [45]. Only the last four digits of the taxpayer-identification number and the year of an individual’s birth may be included in court filings. Signed by Chief Judge Royce C. Lamberth on 06/14/2013. (lcrcl3)
Without going back through all the paperwork in the case, at least in Taitz’ mind the issue today is whether or not SSA will release the Social Security application of Harrison J. Bounel. What Taitz and other birthers did was to ask for his name, a birth date of 1890, and Obama’s social-security number. That was rejected, of course, because their policies don’t allow the release of Obama’s records, records pointed to by his SSN. However, there is a slim chance that this suit will elicit Bounel’s records, since he is past the 120 years of age criteria for release of the records. The smart money says that if she gets the record (or a statement that no number was ever issued to Bounel) it will show conclusively that President Obama never used a social-security number belonging to Bounel, making Orly Taitz look like a fool
Be careful what you pray for.
Lamberth also opened up Orly for sanctions. Her documented failures to properly redact, combined with her failure to timely file her ‘new evidence’, all set her up for some fascinating defense motions.
“The smart money says that if she gets the record (or a statement that no number was ever issued to Bounel) it will show conclusively that President Obama never used a social-security number belonging to Bounel, making Orly Taitz look like a fool”
Nonsense. It will simply “prove” that Obama’s “thugs” infiltrated the SSA and deleted/changed the files.
Orly has now set in motion the sanction opportunity by filing for sanctions herself…
Orly’s ignorance of the 120 year rule is no excuse to her failures. She has failed to show how Rule 60b(2) and (6) are relevant. In fact, Rule 60b(2) precludes her from filing as her motion is outside the 1 year window.
She still has failed to establish that the SSN was issued to Harrison Bounel…
Let the fun begin… PS: The defendants did not dignify her motion with a response as the court is bound to reject it following the legal precedent and Orly’s failure to timely file her motion.
Judge Lamberth: It’s in your court now… Time to set an example..
According to SSA the 120-year rule was a “new policy” as stated in the SSA Chief FOIA Officer’s 2011 report.
in the Daniel’s report that Orly uses for her 1890 DOB claim there is also an entry (6 entries prior) of an 1990 DOB, both of these entries show issued 1977, both show same address (one which did not exist in 1890). So in 1977 a SSN for a 1990 DOB was issued (for a birth in 1990). That is silly, and when you bring up the 1990 DOB to Orly, she ignores it. She avoids this obvious error as it also destroys her 1890 DOB. Orly is a very nasty and foul mouthed fool. I am tired of her insults to Obama.
Yep
You beat me to it.
When I first read the headline post, I thought it said something along the lines of “Orly running for God.”
I can imagine the courtroom:
Orly: the defendant’s chair is empty. I won!
Judge: You’ve already lost to an empty chair and God is all seeing and invisible. Continue with your claims, I’m not shutting down this case.
Orly: But he doesn’t even have a birth certificate, no one remembers seeing him and we know nothing about the school he attended.
We know nothing about this man at all, yet millions have fallen for his outlandish story.
They donate money at his “death camps” so his lawyers can keep his birth certificate hidden.
Judge: Bailiff, please remove this crazy woman from my court room at once!
Orly: Let me feenish…!!!!!!!
If I read her garbage correctly, she’s saying that Obama is in default because HE didn’t disclose Bounel’s SSN.
“..making Orly Taitz look like a fool”
Actually, fools may take offense to the statement above.
Somebody please make a fake 1977/78-ish Hawaiian driver’s license for a ‘Harrison Bounel” with a photo of a young Barack Obama. It will keep Orly busy for another year.
There are so many things wrong with Orly’s arguments about Bounel that I scarcely know where to begin. Doc has pointed out the most obvious one, namely that there is no evidence that Bounel ever had a Social Security Number, much less Obama’s number.
1. The information in the 1940 census has to be taken with a grain of salt. It lists Harry Bounel, a 50-year-old male from Russia, as a lodger in the Bronx. However, age 50 doesn’t necessarily mean the he was born in 1890. The enumeration was done on April 16, so if Harry’s birthday was after April 16 he was born in 1889, not 1890. Also, a close look at the census data shows that the census taker never spoke to Harry. The information was provided by Blanche Julius, Harry’s landlady. She may have been guessing at Harry’s age. And it isn’t even clear that Harry’s last name was spelled “Bounel.” I suspect that his name was actually “Bonnell,” a much more common surname than “Bounel.” Currently there isn’t a single telephone listing in the U.S. for someone with the surname “Bounel.”
2. Orly has no evidence that Harry Bounel is the same person as her mysterious “Harrison J. Bounel.” Indeed, “Harrison” would have been a very odd name for a Russian immigrant to take. Some genealogy sites I looked at indicate that it was fairly common for some Russians to take the name “Harry,” but I saw no instances of a Russian taking the name “Harrison.”
3. Harry Bounel or Bonnel most likely was dead by 1977. The 1977 actuarial tables show that only 39% of males born prior to 1902 lived to be 65, must less 87.
4. The Social Security Death Index shows a man named Harrison Bonnel who was born in 1897 and died in Florida in 1978, so he beat the odds by living to the age of 81. However, his SSN was issued in New Jersey prior to 1951. The only death record the SSA has of person with the surname “Bounel” is a Maryland resident named Golf Bounel, who was born in 1924 and died in 1988.
I suspect that the SSA will simply respond that there is no record of a Social Security Number ever being issued to a Harrison J. Bounel born in 1890, and they cannot release any records associated with Barack Obama’s SSN because he is still alive.
My confidence is low but I am willing to be proven wrong.
Lamberth reminded that while defendants had not asked for sanctions, he was collecting the evidence that would allow them to do so… Eventually the court may sua sponte decide, of course a nudge from a defendant would be helpful
Actually, by declining to file a response to Orly’s motion the defendants are signalling to Judge Lamberth that this is so freaking stoopit it’s not even worth dignifying with a response. So, your Honor, there is no better opportunity than now to carry through on your threat.
I think Orly read the name wrong. It’s Harry L. Borwell. I’ve got an L name, and that’s very close to the way I still write L in script. I did a quick google for Borwell, and it’s a common name. It could also be a phonetic spelling of Borrel, another common name.
It’s Bounel because the birthers need it to be.
I’ve never heard of a Jewish man named Harrison. Harry, yes. My great-uncle, the Buffalo Philharmonic’s concertmaster at one time, was named Harry.
Proof of a cover-up.
We could ask that guy from Hawaii what it says.
The problem there is that the surname in the census has only one “L” in it. but as you suggest the landlady may not have been entirely accurate about the spelling.
Interestingly, the Social Security Death Index does have an entry for “Harry Borrell” who was born in 1895 and died in 1966. He had a Pennsylvania SSN.
Orly’s other problem is that she is looking for Harrison J. Bounel and Harry’s middle initial on the census clearly is “L.”
To clarify, I was referring to the middle initial when I wrote that it is an L (not a J).
On further study (and googling names), using the old fashioned way we were taught to write in script through mind-numbing drills, I think the name is Bouriel in part because of the slight flat top on the r, the i is more up and down, and the e has a small but defined loop.
Whatever the name is, it was not written or dictated by the gentleman who resided at that location. Both the handwriting and the spelling of whatever name one interprets it to be are highly questionable. But, hey, close enof for birfers!
The forms were filled out by the census taker. The way to figure out what the letter is is to look at the other names on the page that are more common. I played with it for a while. I don’t think, however, that there is any doubt that the middle initial is, as you say, an “L.”
You have more patience than me. 🙂 I just looked at the “r’ in Harry. Yet another possibility is Boureel.
In any event, as we all know, this data and writing doesn’t come from Harry L., so my speculation is just a way to relax on a weekend. Now I’ll go pull some weeds in the garden. Far more productive and reality based.
I don’t know if it’s comforting that there are people even dumber than Orly, but someone on Free Republic obviously misunderstood her headline
“We have a good precedent, where Judge Lamberth granted a motion for reconsideration after the case was originally closed and ordered the government to pay $1,000,000 in damages to the plaintiff”
and started a thread saying “DOJ and CIA ordered to pay $1 million in Bounel SSN case”. It was scrubbed so quickly (maybe because it referred back to Orly?) I only learned from it from a tweet.
I continue to believe that Harry’s last name was more like “Bonnel” than “Bounel.” In the 1940 census the third letter in his surname, which most people have decided is “u,” looks an awful lot like the first “n” in the name “Fannie Forman” on line 67.
As I’ve mentioned before, the surname “Bounel” is so rarely found that there is at a minimum a good chance that it was not Harry’s name.
Given the variance in handwriting, especially when someone writes “u” and “n” similarly and more especially when written next to each other, it could be “Bounel” or “Bonnel” or “Bonuel”. (Most people I know whose “u”‘s and “n”‘s are easy to confuse write the “u” with a dash over it.)
So that’s idle speculation at best. The middle initial is a much better case.
But even if this is the Harry J Bounel Orly is looking for, what difference does it make? She still can’t prove he was issued Obama’s SSN.
She might just as well claim Alvin Onaka doesn’t exist because http://names.whitepages.com/Alvin/Onaka returns “0 people in the U.S. have this name”. OMG breaking news shock proof any day now!!!
I am still amazed at how many Obama drones do not find it funny he hides his information with such zeal. Once a drone, always a drone. Real Americans would want answers.
You’re not making sense.
Bob can’t have it both ways. Obama cannot both hide all his records and fake them.
I am still amazed that you birthers still think that every anti-birther is an Obama supporter.
Just because I’m not stupid enough to be a birther doesn’t mean I have to be an Obama supporter. There’s a lot of ground in between supporting Obama, and being an anti-American, seditious, birther.
Real Americans are anti-birther.
What is he “hiding”?
I’m a “real American” and have gotten all the answers I find important. I might be curious about those kindergarten records: I’d really like to know how he did in finger painting and whether he “played well with others”.
Real Americans ask real questions, and they understand the truth to be a reasonable answer.
Can someone translate Bob for me? I don’t speak mongoloid.
We asked. We investigated. We got the answers. Birthers are wrong. Birthers are liars. You just didn’t like the answers. Troll harder, pumpkin.
Like this from Gov. Linda Lingle:
http://voices.washingtonpost.com/right-now/2010/05/hawaii_gov_lingle_answers_the.html
You know, during the campaign of 2008, I was actually in the mainland campaigning for Sen. McCain. This issue kept coming up so much in the campaign, and again I think it’s one of those issues that is simply a distraction from the more critical issues that are facing the country. And so I had my health director, who is a physician by background, go personally view the birth certificate in the birth records of the Department of Health, and we issued a news release at that time saying that the president was, in fact, born at Kapi’olani Hospital in Honolulu, Hawaii. And that’s just a fact. And yet people continue to call up and e-mail and want to make it an issue. And I think it’s, again, a horrible distraction for the country by those people who continue this. … It’s been established. He was born here.
I know what you mean. During the 2008 campaign I wanted McCain to release his complete records from Annapolis, his complete Navy service record, and his complete medical records. He didn’t release any of those things. He never released his birth certificate, either. Naturally, because of McCain’s intransigence I had no choice but to vote for Obama.
Mitt Romney didn’t release his school records or tax returns. I’m sure that you were infuriated about him hiding those records. He did release a so-called birth certificate, but it says VOID all over it.
http://i.huffpost.com/gen/625414/thumbs/o-MITT-ROMNEY-BIRTH-CERTIFICATE-570.jpg?1
He might’ve been painting hammers and sickles, or setting up child workers’ councils, who knows? 😉
Once a community organizer always a community organizer!!
And I want an answer to this: Define a “real American.”
Let me guess: white, male, thick-necked, member of a revivalist church, tattooed, overweight from a diet of fried and greasy foods, dropped out of school like all of his ancestors, very proud of his lack of book-learning, unable to get work in an industrial job or any other job, living off welfare but attributing crimes to blacks on welfare, xenophobic to the point of hating Jews, blacks, Muslims, and Latinos, while tolerating Asians for food and laundry services, sees Communism in every piece of news he dislikes, and armed with more firepower than 41st Royal Marine Commandos.
You forgot “and couldn’t hit a barn if he pressed the muzzle against the barn door”. 😉
Or empty water from a boot even if the instructions were printed on the heel.
Let me guess: white, member of a revivalist church – Sarah Palin
a diet of fried and greasy foods – Sarah Palin
dropped out of school like all of his ancestors – Bristol Palin, and Levi Johnston
very proud of his lack of book-learning – Sarah Palin
living off welfare – Sarah Palin living off other people’s taxes, and charging the State per diem, while at home
but attributing crimes to blacks on welfare –
Welfare queen myth: http://en.wikipedia.org/wiki/Welfare_queen
The term “welfare queen” is most often associated with Ronald Reagan who brought the idea to a national audience. During his 1976 presidential campaign, Reagan would tell the story of a woman from Chicago’s South Side who was arrested for welfare fraud:
“She has eighty names, thirty addresses, twelve Social Security cards and is collecting veteran’s benefits on four non-existing deceased husbands. And she is collecting Social Security on her cards. She’s got Medicaid, getting food stamps, and she is collecting welfare under each of her names. Her tax-free cash income is over $150,000.”
A 1999 study by Franklin Gilliam examined people’s attitudes on race, gender, and the media. The experiment showed an 11 minute news clip, with a welfare story embedded at some point in the clip, to two groups of participants. Each story on welfare had a different recipient — one was a white woman and the other was a black woman. The results showed that people were extremely accurate in their recall of the race and gender of the black female welfare recipient in comparison to those who saw the story with the white female welfare recipient.
xenophobic to the point of hating Jews, blacks, Muslims, and Latinos, while tolerating Asians for food and laundry services – Alaska Independence Party
sees Communism in every piece of news he dislikes, and armed with more firepower than 41st Royal Marine Commandos – Alaska Independence Party
The Palins’ un-American activities –
http://www.salon.com/2008/10/07/palins_unamerican/
Imagine if the Obamas had hooked up with a violently anti-American group in league with the government of Iran.
“My government is my worst enemy. I’m going to fight them with any means at hand.”
This was former revolutionary terrorist Bill Ayers back in his old Weather Underground days, right? Imagine what Sarah Palin is going to do with this incendiary quote as she tears into Barack Obama this week.
Only one problem. The quote is from Joe Vogler, the raging anti-American who founded the Alaska Independence Party. Inconveniently for Palin, that’s the very same secessionist party that her husband, Todd, belonged to for seven years and that she sent a shout-out to as Alaska governor earlier this year. (“Keep up the good work,” Palin told AIP members. “And God bless you.”)
AIP chairwoman Lynette Clark told me recently that Sarah Palin is her kind of gal. “She’s Alaskan to the bone … she sounds just like Joe Vogler.”
So who are these America-haters that the Palins are pallin’ around with?
Before his strange murder in 1993, party founder Vogler preached armed insurrection against the United States of America. Vogler, who always carried a Magnum with him, was fond of saying, “When the [federal] bureaucrats come after me, I suggest they wear red coats. They make better targets.”
Good thing he didn’t do that sort of thing while he was in Indonesia. He and his parents and their acquaintances, and half the village would have been slaughtered by the Indonesian Army.
There is always one more thing.
Yes, Misha: the supporters of Sarah Palin are always very quiet when the Alaskan Independence Party comes up in the conversation.
All other things aside….can somebody please explain how he has a SSN issued by the state of Connecticut? I would like a serious answer.
Obama doesn’t have an SSN “issued by the state of Connecticut.” He has an SSN centrally issued by the federal government that comes from a number series used for people with Connecticut addresses.
I think it’s a clerical error (misreading “0” for “9” on the zip code). That’s far more likely than any of the birther theories. Numbers from the wrong series are known to happen from time to time for whatever reason.
Connecticut does not issue SSNs, only the US government does. Can you explain to me who else has used the President’s SSN except the President? No evidence of anyone else using that SSN exists.
First you need to understand how SSN are assigned and issued.
From the SSA website,
“Since 1972, when SSA began assigning SSNs and issuing cards centrally from Baltimore, the area number assigned has been based on the ZIP code in the mailing address provided on the application for the original Social Security card. The applicant’s mailing address does not have to be the same as their place of residence. Thus, the Area Number does not necessarily represent the State of residence of the applicant, either prior to 1972 or since.”
So when Dr. Conspiracy says that it could be a typo in the zip code, he means that at the time President Obama applied for his SSN, he was living at his grandparents’ house in Honolulu. That address had a zip code of 96814. If a clerk typist in Baltimore transcribed it as 06814, a Connecticut prefix would be issued for the SSN. 06814 is the zip code for Danbury, Connecticut.
The SSA does not consider such a thing as a mistake or an error as long as one SSN was issued to one qualified individual.
Richard,
Others here have already explained to you that states don’t issue Social Security numbers.
My question to you is why did you think they do?
Another possibility recently discussed is that when he started working at Baskin-Robbins, he filled out an application for an SSN at the same time as the job application and BR sent it in for him from their headquarters (this was a common practice back then) which were in Connecticut at the time.
Since Baskin-Robbins operated and continues to operate in a franchise system, I find this doubtful.
It could also have happened if the Baltimore office was subdivided into regional desks, where one group of clerks processed SS-5 cards from the northeastern states, another handled the mid-Atlantic states and so on. If one group had an overflow of applications they might give them to another group to process.
To me the important point is the Social Security Administration would not even consider this a mistake or an error.
Not to long ago, the GAO did a survey of the SSA’s processing methods. IIRC they found a 4% error rate. These were mistakes by the SSA that resulted in a mismatch of the SSN and the individual issued the number. Someone having the “wrong” geographic prefix wasn’t one of the categories of errors.
This is the simple truth that Birthers will never accept.
A main purpose for the regional numbering would have been not only filing purposes but to provide a system for having unique numbers issued by hundreds of offices across the United States. After centralization, the system was retained for convenience and possibly to continue the avoidance of duplicates because confident random number selection was beyond the early mainframes.
Whether Orly knows or understands this is not the point. She simply does not care.