Orly Taitz in her “Sisyphean quest to prove that President Barack Obama is using a fake Social Security number and a forged birth certificate1” never disappoints when I’m looking for something to write about.
This morning I see that Orly is very upset [link to Taitz web site] over developments in Mississippi, specifically what she calls an “unlawful attempt to remove the case from the Suprem (sic) Court of the State of MS.”
In a Notice of Removal, the Attorney General of Mississippi wrote:
Pursuant to 28 U.S.C. §§ 1331, 1441 and 1446, and without waiving any of his affirmative defenses, Defendant Mississippi Secretary of State Delbert Hosemann gives notice of removal of the First Amended Complaint filed by Plaintiffs to the United States District Court for the Southern District of Mississippi, Jackson Division.
Taitz responded in a letter to the court saying:
In his notice of removal Defendant did not cite any authority or law that would allow it to simply file in the Federal Court a case, which is currently being considered by the Supreme Court of the State. He did not provide this authority, as it simply does not exist.
Now I have never personally removed a case to federal court. I had a mole removed once, but I’m sure that’s different. At least formally it would appear that the Secretary of State is attempting to cite authority in the first words of the notice: “Pursuant to 28 U.S.C. §§ 1331, 1441 and 1446….” 28 U.S.C. § 1331 says that district courts have original jurisdiction over questions of federal law (note that Orly’s amended complaint invokes RICO, a federal law) and 28 U.S.C. § 1441 says:
“Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending. “
According to the Notice, all the properly served defendants agree with the removal; the Executive Committee of the Democratic Party of Mississippi has already filed its notice of concurrence with the removal. Taitz argues that her RICO action does not apply to the MS Secretary of State, so he cannot remove the case to federal court; she ignores the fact that the other defendants concur in the removal. Defendants Fuddy, Onaka, Pelosi and Astrue do not appear to have been properly served yet.
Taitz claims:
[Plaintiff’s] engaged in manipulations to find a friendly court to cover up this crime and act against the interest of the people of the state of Mississippi.
Ignoring the fact that a week ago Taitz demanded removal of the Mississippi state judge for being biased against her.
In a footnote, the Mississippi Attorney General ponders a question that has bothered me too. He wrote:
This action was originally filed by Taitz, who claims to be licensed to practice law in California and has appeared pro se. Taitz herself has not been admitted pro hac vice in Mississippi in this action and no local counsel has appeared on her behalf. No attorney of record has appeared in this action on behalf of Plaintiffs Fedorka, Roth, Lax, or MacLeran. It is not certain whether Plaintiff Taitz purports to appear as attorney on their behalf, or whether they intend to appear pro se. …
It looks like we have a new case number, 3:12-cv-00280.
1Quotation from the Honorable Royce C. Lamberth.
Doc. For those who may not wish to venture to Orly’s malware-infested site, here is a link to here latest… Letter to the court (presumably Judge Wingate but she does not so indicate). Check out the cc’s. http://www.scribd.com/doc/91294770/MS-2012-04-25-SDMS-TAITZ-Letter-to-the-Federal-Court-Notice-of-Unlawful-Removal
She’s made a mess of this case, her cause, and her hair.
This is not good. By removing to Federal Court, the case will likely get stalled for months. We running out of time. If Obama wins and is sworn in again I consider the birther movement completely dead. Obama will serve another 4 years 100% Period. I think Orly should focus on trying to beat Diane Feinstein in CA.
If Orly can beat Feinstein in CA, Orly has the power to stop the whole election of Obama with an objection with the joint session of congress.
Congress would bound under the law and the constitution to address Orly’s objection and resolve it. The objection could not be ignored.
Orly would still need a Congressman to join her but if she wins the Senate Seat, I am confident should would be able to get one to join her.
The case was stalled in Mississippi because Taitz demanded a new judge. At least now we have a judge which is farther along than before.
If you want to help, write the Republican Senators and tell them to stop holding up federal judicial appointments, and thereby reduce the case backlog.
John this is actually something approaching a rational plan. Congratulations! Unfortunately, it rests on many unlikelihoods. Taitz winning her Senate race would be an amazing upset. You’re assuming Obama wins re-election, which seems likely, but it not guaranteed. If I spot Taitz a 1% chance of winning (which is extremely generous), and give Obama a 60% chance of winning, the odds of getting to first base in your scenario are 0.6%. 1 in 166.
From there, should we be so lucky, hilarity might ensue.
In reality, the birther movement was dead before it began, if one considers the removal of a lawfully elected president to be the fruits of the ?movement.”
You mean it IS all about Obama?! Why should Obama’s re-election be the end of the Birther movement? We were told over and over that the patriotic, virtuous Birther movement was just about upholding the Constitution.
While the chances that Orly Taitz will be elected to the Senate are vanishingly small, it’s plausible that some other birther-friendly Senator might appear. As you say, if a Senator and a member of the House object, Congress will have to take note.
3 USC 15
“…When all objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision; and no electoral vote or votes from any State which shall have been regularly given by electors whose appointment has been lawfully certified to according to section 6 of this title from which but one return has been received shall be rejected, but the two Houses concurrently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appointment has been so certified.”
Yeah but even if this extreme long shot came to reality, addressing the objection wouldn’t take a lot of effort. Barack Obama’s Certificate of Live Birth, the official record of his birth, would record that he was born in Honolulu (the 50th state of the U.S.) would be presented in response to the objection. Whoever it is in charge of adjudicating this matter would say “okay that settles it, let’s get to certifying this election so we can go back to more traditional methods of stonewalling”.
john:
thanks for the BEST giggle of the day
so the state of the us rests on the ditz winning a senate seat?
HYSTERICAL
she has as much of a chance in ca as i do and i live in ny
“……..I consider the birther movement completely dead.”
so a birther scorecard of 0-123 ISN’T a sign?
that doesn’t even count the NUMEROUS FAILED ballot challenges and DOZENS of FAILED state birther bills
i hope the birthers never die – laughter AT THEM increases my life expectancy
AS USUAL
Orly Taitz Losing Senate Race, GOP Racism Against White People to Blame
Here is a very important regional political update that you will not want to miss: famous dingbat and U.S. Senate candidate Orly Taitz has been snubbed for the endorsement of the California Republican Assembly. Orly Taitz has considered all the reasons why this might be the case, and Republican racism against white people is the obvious culprit. This mostly irrelevant wingnut endorsement has gone to some guy “Al Ramirez,” see. So let Orly Taitz, speaker of Spanish, go ahead and translate the taco talk for you: “Ramirez” is a Hispanic name. CONSPIRACY.
Here is a lovely excerpt from her latest short fiction blog entry starring white-hating racist supervillains Karl Rove and a dude named Steve:
Going back to [California Republican Party] and [California Republican Assembly], the party bosses running the show in both organizations are largely dependent on the marching orders from the “Architect”, Karl Rove.
Rove typically speaks from both sides of his mouth. While he encouraged me, when I saw him last time at the Jewish -Republican coalition meeting, he is giving directives to the party bosses to promote different candidates: more obedient, non-controversial women and Hispanics. Following those directives CRP 24 member board decided to support another woman, who is unknown, but non controversial.
…
Following the paradigm of the “Architect” it seemed the board and particularly Steve Frank wwere pushing for a Hispanic Al Ramirez. It did not matter, whether my Spanish was as good as his. They wanted a Spanish name on the ballot. There is probably a smart way of doing things and a stupid way. Steve Frank is an embodiment of a stupid way.
Two years ago I got e-mails that were sent by Steve Frank. At that time the Republican party was pushing another minority candidate, a black candidate, the only black candidate running for the state wide office, Damon Dunn, who ran against me for the Secretary of State. Never mind that Dunn knew about the work of Sec of State and elections as much as I know about the Space travel, the party wanted one black face on their slate in order to attract minority votes. So, Steve Frank wrote e-mails to everybody, telling people not to vote for Orly Taitz because she will be in prison in a few months because she is going after Obama.
The Space travel! So Orly Taitz was just Newt Gingrich in a bad wig and a girdle all along, go figure.
http://wonkette.com/470727/orly-taitz-losing-senate-race-gop-racism-against-white-people-to-blame
Being in federal court means less work for me.
OK, I’ll play. Recall that there was a valid objection lodged in 2004, with a Representative and a Senator-in fact, one from California, Barbara Boxer, over the vote machines in Ohio (specifically the lack of sufficient machines in minority districts). The 2 houses of Congress retired, each to their own chamber, and came back a couple of hours later and the count was completed. You may recall that Bush was elected and served his full term. So, what happened to resolve the objection? Did Congress investigate the machines in Ohio? Call the Ohio Secretary of State as a witness? Nope. We don’t know exactly what they did, but given the time taken it couldn’t have been anything much. Probably they looked around and decided that that Bush had the votes. In fact, while there is a specified procedure for objections, there is no specified procedure to resolve them.
So, assume there were a valid objection lodged against Obama, what woould happen? Would Congress demand the paper b.c.? Call Sheriff Joe as a witness? I don’t know, they could, but likely they would resolve the matter quickly as was done in 2004. Because, over-ruling the majority of Americans (whose votes Obama would have just received) is not a good long-term career plan for a Member of Congress.
I have said the secret weapon now lies with Orly Taitz and CA Senate Seat. Forget Klayman, WND, or Arpaio. Birthers should focus all their time and money on trying to beat Feinstein in CA. Congress is the scum of the earth. Every last Congressman and Senator are guttless yellowbellies who won’t object. Orly Taitz has the heart of light and courage to put in an objection to the Joint Session of Congress. On the one act alone, Orly Taitz should be elected to CA Senate.
Nobody should vote for Orly until she proves that she’s eligible.
More likely another 8 years. Don’t you know Vattel’s book “Law of Time” that the Founders heavily relied on? It clearly states “The year, or annuality, is that period of time that lasts 730 days.” So that’s clearly what was meant when the Constitution states a President’s term lasts “four Years” = 4*730 days. (Jedi Pauly interjects: “That’s correct. A ‘Year’ is clearly different from a ‘year’.”)
So even if Obama passes on making that argument about his first term, he could easily make it about his second, guaranteeing he will be in office until January 2021 – and if he invokes “Vattel time” (second only to “Hammer time”) right now, until January 2025. Oh the joy! 😉
You birthers really do live in a fantasy land!
“You birthers really do live in a fantasy land!”
C’EST VRAI!!!!!! INCROYABLE!!!!!
ROTFL…
She was initially so happy with her Judge… Then he allowed Tepper to appear by granting him Pro Hac Vice and suddenly the prospect of facing the lawyers of the defendants may not have been that appealing anymore.
She could have withdrawn her case but of course there are other ways to stall.
Birthers are such patriots….
Orly Taitz Causes Earthquake
Laguna Niguel felt a 3.9 temblor, and could make history as being Orange County’s first.
The quake’s epicenter was determined to be 29839 Santa Margarita Pkwy, in Rancho Santa Margarita, CA.
Complete story: http://articles.latimes.com/2012/apr/24/local/la-me-oc-quake-20120424
John,
I cannot agree more with you. As a loyal son of California, I strongly encourage Birthers everywhere to support Orly’s Senatorial candidacy.
I would like to make some suggestions:
-When Romney comes to California for fund raiser, Orly should demand to be on the same bill with him, and demand he address all of her legitimate questions.
– Be sure to hold massive Birther rally’s and invite the press and be sure to identify Orly Taitz as the Republican candidate for the Senate- California needs to associate Orly with the Republican Party
– Orly should demand an opportunity to speak at the Republican National Convention- after all thats how Obama got his national exposure- she should demand equal time.
Remember- vote early and vote often for Orly!
A vote for Orly is a vote for Moldavia!
SvetlanaOrly Taitz could not get elected as dog catcher.Glad you are starting to see the writing on the wall. Also, I hear the earth is round, you may want to get on board with that too.
I want to see her naturalization papers.
Meanwhile, there is a very short window in the rules to file a proper objection to removal. (I believe around 15 or 20 days). A letter is not a proper objection. If she misses the deadline, the case stays in federal court. Until the judge dismisses the RICO action for failure to comply with his order, 20 days from now, (and probably imposes sanctions under Rule 1) and then it possibly goes back to the state courts, unless one or more of the defendants objects and then the federal judge has a hearing. In short, between Orly’s inability to rationally prepare documents, and the defendants’ ability to game the system, it can bounce back and forth for months, well past November, and then it is moot.
sfjeff:
when orly appears with mittens, i WOULD HOPE she asks him to address HIS eligibility in birtherstan
i have MANY UNANSWERED questions regarding HIS eligibility in birtherstan
john: Orly Taitz should be elected to CA Senate.
Bob: Nobody should vote for Orly until she proves that she’s eligible.
I want to see her naturalization papers.
‘
if you attend an Orly fuction I strongly suggest you bring Garlic!
.
Orly is even more confuzzled than usual. She’s bleating on her blog that her case is still pending in the MS Supreme Court. 🙂
“My case is still pending in the Supreme Court of MS since April 19th. Dem Party tried to use AG of MS Democrat Jim Hood to pull a fast one and usurp the jurisdiction of the Supreme Court of the state. Bad idea!”
Oops……..birther movement COLD BUSTED!!!!!!
A very well publicized secret weapon…. ROFLMAO
Johnover the years you have said a lot of things. Have any of them come true?
The certification of the electoral college votes will be finished by December 2012 at the latest. The new Congress will not be seated until January 2013. Even if Orly was able to defeat Diane Feinstein and become California’s new junior senator, she wouldn’t be seated in time to make her very special objection.
Feinstein, whether she’s reelected or not, will still be a US Senator when the electoral votes are tallied by the joint session of Congress
Perhaps Orly should try something more within the realm of possibility.
I know! She should try to find one of those magical, wish-granting echidnas (Not a platypus. They don’t do much). Then, she should wish that Obama had never been elected. Or that he actually was born in Kenya. Or, what she really wishes, that the Framers had defined “natural-born citizen” as being only white people.
“Or, what she really wishes, that the Framers had defined “natural-born citizen” as being only white people.”
HYSTERICAL
did you read THIS?
http://wonkette.com/470727/orly-taitz-losing-senate-race-gop-racism-against-white-people-to-blame
Back to the drawing board for John. And this was his best hope… Poor John…
I disagree. According to the Congressional Record, this is usually one of the first items of business, first week of January following a Presidential election, after the new Congress is seated.
I haven’t check all the way back to 1791, but wouldn’t be surprised it if’s largely unchanged. The voting in the states / selection and sppointment of electors has changed drastically, but the electoral college not so much(?).
This is not correct. 3 USC 15 specifies that the votes are counted on January 6. The Congress is seated on January 3. The new Congress counts the votes.
FIFY
Orly has now threatened to add the CA Attorney General and CA SOS to her RICO action in MS if they do not remove Obama from the ballot within 30 days.
It’s up on her website.
Could she have finally bought herself some trouble with the CA Bar?
Sigh… they grow up so fast, don’t they?
She just might find herself removed from the ballot, instead of Obama.
The CA Bar moves slowly but they may take notice when the SOS and the AG put in a ‘good word’ for Orly.
Orly is so much her own worst enemy…
Oh I do hope she does this. So much of her antics are in other states, but adding a the CA AG- Kamela Harris- should result in some reaction.
Remember that case in Georgia? The one where Orly called herself as a witness?
There was serious consideration of removal in that case, before the lawyer defending the case settled on the “empty chair” defense instead. In fact, had he actually shown up to the hearing, removal was almost a foregone conclusion because of Orly’s attempts to subpena federal officials.
Anyway, I guess that was a lost opportunity for her to learn a new lesson about federal jurisdiction.
I don’t know why, but federal removal often seems to come as a big surprise to plaintiffs whenever it happens. Even though it would probably be the first thing that comes to mind for a good civil defense lawyer seeing the assertion of a federal claim in a state-initiated lawsuit.
Considering President Obama’s political acumen, I expect that OfA is playing Orly like a Stradivarius. She won’t know what has hit her, which she and her FMs will continue to deny until Jan 20, 2017.
Can I say, Doc, you picked the perfect photo for this post. I’d be the first to admit that Orly is pretty. She is. I’d bet she was breathtaking in her youth.
But this pic catches her attitude, which is anything but pretty. It’s smug, slightly stupid and inappropriately flirtatious simultaneously. Definitely the attitude of a woman who was (in all likelihood) a stunner in her 20’s and is still trying to play that card in her 50s, when it just isn’t working. Good looks would never be a substitute for legal acumen either. 😉
John, you were doomed when you popped out of your mom.
I think that you nailed the context of the photo, which was her sucking up to Rick Perry at a campaign stop in California.
http://www.obamaconspiracy.org/2011/09/taitz-supports-rick-perry-for-president/
Oopsies.
Thanks.
Yeah, but popped put of where, exactly?
HA! Makes sense.
I’m trying to find the link. On SNL, Father Guido Sarducci explained birthing and aging. My mother was laughing so hard, she couldn’t move.
You are ignoring the fact that the objection would be voted upon. Unless a majority in each House goes full metal birther between now and January 9, Orly’s objection will be nothing more than a procedural detour.
Full Metal Birther! LOL. Good one. Thanks.
Stunner? If you say so. But truth to tell, the arrogance and stupidity are such a turn off, I couldn’t do her it I had to.
I think the same for Bachmann and Palin. Hate filled, shallow, fear mongering hypocrites are not attractive.
And even at that, in her case “not attractive” is damning with faint praise.
“You are ignoring the fact that the objection would be voted upon. Unless a majority in each House goes full metal birther between now and January 9, Orly’s objection will be nothing more than a procedural detour.”
Georgetown JD. you used the wrong term in your last sentence. Rather than “will,” the word should be “would,” because no way in hades Orly gets elected senator from California.
Using the word “will” implies that you see this as a probability.
But your point is right on target. In the impossible scenario of Orly sitting as a senator, her objection would go nowhere.
So Dr. Bob and Majority Will and perhaps Thomas Brown agree with me: attitude is a significant factor in attractiveness.
Taitz, Bachmann and Palin manage to override any physical attractiveness with their attitude and behavior.
*filing this in arguments I can’t believe I am having*
Bingo.
Has anyone actually verified that she really went to Law School?
Or really pass the CA Bar?
Here’s your answer to the second question:
http://members.calbar.ca.gov/fal/Member/Detail/223433
Truth to tell, in Attractiveness vs. Attitude, Attractiveness went into the fight with a handicap to begin with.
Why the move to the federal court?
Also, what possible reason is there for adding the CA SOS and AG to her ridiculous pleading in MS.
Although I agree that they might finally get fed up and disbar her, if she ever had a law license to practice to begin with, which I doubt.
Bob says
“She’s made a mess of this case, her cause, and her hair.”
Bob, I missed that comment my first time through, but you are right on the money. She is a mess and so is everything she comes close to.
by the way, did Karl Rove really tell her to “do anything, run for senate, just stop the Birther BS’ and that is why I am know reading about her possible run for CA senate?
Please, please Orly, do it. Diane Feinstein would make hash out of you.
California is one of four states that still allow law reading, in lieu of school. She read law with the guidance of the William Howard Taft “law school,” located on the second floor above a retail store.
Meet the mayor of Rabbit Hash, Kentucky.
If “ifs” and “buts” were candies and nuts
then everyday would be Christmas.