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Taitz Files Emergency Stay and Motion for Rehearing
The Post and Email ^ | 9/17/09 | John Charlton

Posted on 09/17/2009 2:08:06 PM PDT by pissant

(Sept. 17, 2009) — Dr. Orly Taitz, counsel for Captain Connie Rhodes, M.D, filed today an Emergency Request for Stay of Deployment, pending the filing of a Motion for Re-Hearing, in the Case Rhodes vs. Mac Donald.

Yesterday, Judge Clay D. Land garnered nationally notoriety for his rejection of Captain’s Rhodes’ case, with a severe ruling that was widely faulted by legal experts across the nation.

Attorney Taitz in today’s filings details the errors of Land’s ruling. What follows is The Post & Email’s summary of Tatiz’s Motions, using a copy forwarded us, by Mr. Neil B. Turner.

First, Attorney Taitz alleges that Judge Land’s ruling “violates the 5th Amendment rights” of her client, “to due process of law, in particular, by” the Court’s “violation of Local Rule 7 of the United States Middle District of Georgia, to wit:

7.2 RESPONSE. Respondent’s counsel desiring to submit a response, brief, or affidavits shall serve the same within twenty (20) days after service of movant’s motion and brief.

In other words, Judge Land could not have given a final ruling, on the basis of the Defense’s Motion to Dismiss, without allowing Rhodes’ counsel to reply to that Motion, and that, after alloting 20 days for Dr. Tatiz to prepare and file it (October 1, 2009), which rule must be followed, if no notice from the Court is given, regarding the variation of observance of local rules. Thus Land’s ruling was precipitous and surreptitious.

Dr. Taitz then charges Land with unethical behavior:

Plaintiff avers that there is increasing evidence that the United States District Courts in the 11th Circuit are subject to political pressure, external control, and, mostly likely, subservience to the same illegitimate chain of command which Plaintiff has previously protested in this case, except that the de facto President is not even nominally the Commander-in-Chief of the Article III Judiciary. th Circuit are subject to political pressure, external control, and, mostly likely, subservience to the same illegitimate chain of command which Plaintiff has previously protested in this case, except that the de facto President is not even nominally the Commander-in-Chief of the Article III Judiciary.

Attorney Taitz therefore requests the Court to vacate (annul) its Sept. 16th Dismissal against Rhodes, and grant a stay of deployment to Rhodes, pending further hearing of the case.

Taitz then alleges that Rhodes and her counsel were denied meaningful access to the court, since Judge Land’s ruling never addresses the key issues raised in her complaint or TRO. Taitz cites the textual evidence, that Land’s ruling never cites anything in Rhodes’s complaint by page number, putting in doubt that his ruling had anything to do with the substance of her case. Attorney Taitz enumerates these key points:

(1) a U.S. ARMY OFFICER’S OATH TO UPHOLD THE CONSTITUTION AGAINST ALL ENEMIES, FOREIGN AND DOMESTIC, (2) the historical importance of an independent army corps to the constitutional balance of powers and Republican Form of Government guaranteed by the Constitution, and

(3) the Ninth Amendment reservation of rights in the people to question the legitimacy and eligibility of their elected officials when questions arise from time-to-time which were not contemplated by the Founding Fathers.

For this reason, Dr. Taitz requests a 10 day Stay of Redeployment to allow her time to file a Motion for Reconsideration, since Land’s ruling, Taitz alleges, is

manifestly unjust and incorrect within the meaning of jurisprudence construing Rule 59(e) of the Federal Rules of Civil Procedure, and will surely result in a VOID JUDGMENT for denial of due process within the meaning of Rule 60(b)(4) by reason of the Court’s unexpected wild deviation from the 20 day response period provided by the Local Rules of this very Middle District of Georgia.

Taitz then attacks the substance of Judge Land’s argument, saying:

This Court has threatened the undersigned counsel with sanctions for advocating that a legally conscious, procedurally sophisticated, and constitutionally aware army officers corps is the best protection against the encroachment of anti-democratic, authoritarian, neo-Fascistic or Palaeo-Communistic dictatorship in this country, without pointing to any specific language, facts, or allegations of fact in the Complaint or TRO as frivolous. Rule 11 demands more of the Court than use of its provisions as a means of suppressing the First Amendment Right to Petition regarding questions of truly historical, in fact epic and epochal, importance in the history of this nation.

Attorney Taitz then demolishes Judge Land’s treatment of the evidence presented in the case:

This Court has threatened the undersigned counsel with sanctions for failure to present facts, and yet has ignored or disregarded the facts concerning Barack Hussein Obama’s birthplace sub iudice aliena which were submitted to the Court in the form of the 1961 Hospital Birth Certificate submitted in the Plaintiff’s request for judicial notice (Document 10, entered September 11, 2009) in addition the consistent but later dated Certificate which was submitted as an Exhibit to the Complaint and original Application for Temporary Restraining Order. These documents are FACTS and they went unimpeached, unquestioned, and yet utterly unaddressed in this Court’s order of summary dismissal. The fact that the President has admitted his Father was not a citizen, but a British Subject, at the time of birth, is an incontrovertible fact, which supports Plaintiff’s charges that the President is an alien.

Dr. Orly Taitz then points out that the evidence objected to by Land, concerning Social Security Numbers was gathered by a famous detective of Scotland Yard, and cannot be summarily dismissed without violating the very same standards Land appeals to in his ruling; and thus represents a third basis, for an appeal for reconsideration.

In summary, Taitz asks for “to vacate its own judgment of dismissal immediately and simultaneously grant this Plaintiff’s Emergency Request for Stay of Deployment. “

Noteworthy is the fact, that Rhodes’ counsel has filed this Emergency Stay request on the anniversary of the ratification of the U.S. Constitution.


TOPICS: Chit/Chat
KEYWORDS: birthcertificate; birthers; bob152; certifigate; larrysinclairslover; obama; orlytaitz; taitz
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To: Fred Nerks
A monumental statement.

Well yes perhaps, but not in the way you think.

21 posted on 09/17/2009 3:40:00 PM PDT by MilspecRob (Most people don't act stupid, they really are.)
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To: Lurking Libertarian

Just throwing trash talk right back at the judge.


22 posted on 09/17/2009 3:41:04 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

Yeah, I guess so. But old Orly ain’t going nowhere with this. Do you have any kind of link to the decision itself? He probably has some good reasons, like justiciability, going on.

parsy, who thinks Orly is a dip


23 posted on 09/17/2009 3:42:44 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: parsifal

She may be a dip, but she is in the arena fighting a marxist quisling


24 posted on 09/17/2009 3:44:03 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

Go long on the marxist quisling and short the dip.

parsy, who provides this market advice


25 posted on 09/17/2009 3:52:38 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: pissant

Here comes the judge!

Though Land, of course, takes the time in his decision to patiently explain the legal concerns of a court ruling over this particular type of military matter, he also devotes a few paragraphs to some old-fashioned ass-handing. For example:

Plaintiff’s challenge to her deployment order is frivolous. She has presented no credible evidence and has made no reliable factual allegations to support her unsubstantiated, conclusory allegations and conjecture that President Obama is ineligible to serve as President of the United States. Instead, she uses her Complaint as a platform for spouting political rhetoric, such as her claims that the President is “an illegal usurper, an unlawful pretender, [and] an unqualified imposter.” She continues with bare, conclusory allegations that the President is “an alien, possibly even an unnaturalized or even an unadmitted illegal alien . . . without so much as lawful residency in the United States.” Then, implying that the President is either a wandering nomad or a prolific identity fraud crook, she alleges that the President “might have used as many as 149 addresses and 39 social security numbers prior to assuming the office of President.”

In further support of her claim, Plaintiff relies upon “the general opinion in the rest of the world” that “Barack Hussein Obama has, in essence, slipped through the guardrails to become President.” Moreover, as though the “general opinion in the rest of the world” were not enough, Plaintiff alleges in her Complaint that according to an “AOL poll 85% of Americans believe that Obama was not vetted, needs to be vetted and his vital records need to be produced.” Finally, in a remarkable shifting of the traditional legal burden of proof, Plaintiff unashamedly alleges that Defendant has the burden to prove his “natural born” status. Thus, Plaintiff’s counsel, who champions herself as a defender of liberty and freedom, seeks to use the power of the judiciary to compel a citizen, albeit the President of the United States, to “prove his innocence” to “charges” that are based upon conjecture and speculation. Any middle school civics student would readily recognize the irony of abandoning fundamental principles upon which our Country was founded in order to purportedly “protect and preserve” those very principles.

parsy, who says sorry, but the judge is right


26 posted on 09/17/2009 3:56:53 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: parsifal

Parsy like kneepads


27 posted on 09/17/2009 3:58:48 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

"Ex Parte meetings Rule! Long live tyrants! Death to the American Constitution."


28 posted on 09/17/2009 4:00:48 PM PDT by Diogenesis ("Those who go below the surface do so at their peril" - Oscar Wilde)
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To: pissant

Here is a link to the whole Order. Like I thought, justiciability. Court generally stay out of military matters.

http://ia311028.us.archive.org/1/items/gov.uscourts.gamd.77605/gov.uscourts.gamd.77605.13.0.pdf

parsy, who hopes you enjoy this, even if you don’t like it


29 posted on 09/17/2009 4:01:43 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: parsifal

Pissy, parsy need to take Obama member out of mouth so we understand what parsy say.

We all read deluded judge crap yesterday


30 posted on 09/17/2009 4:04:54 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: parsifal
Do you have any kind of link to the decision itself?

Judge Land's ruling

Read the whole 14 pages. It is quite entertaining.

31 posted on 09/17/2009 4:07:58 PM PDT by Drew68
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To: pissant

The judge just nailed it. All she has is a hunch. Not even a good hunch. She’s lucky he’s not turning her over for discipline. Her complaint is like something a precocious 10 year old might write. It is so pathetic, that now her client has to pay the attorney’s fees on the other side.

parsy, who says her client needs to visit the local committee on professional conduct


32 posted on 09/17/2009 4:10:33 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: Drew68

Thank you! I found one. It is amusing. I’ll have to remember to start citing AOL opinion polls from now on.

parsy, who wonders how this clown isn’t getting a “You must submit all future Motions and Complaints to the Court before filing with the Clerk” Order


33 posted on 09/17/2009 4:13:52 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: parsifal

A hunch? You must have seen Obama’s BC then? I didn’t know he’s released it now.

Oh, you mean the good judge read factcheck to see that Obama has been vetted?

Are you retarded?


34 posted on 09/17/2009 4:14:09 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

You’ll enjoy this:

http://www.youtube.com/watch?v=xes0F36eTJA&feature=related

parsy, who is looking for the classic line


35 posted on 09/17/2009 4:21:20 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: parsifal
parsy, who thinks Orly is a dip

Parsy full of wee wee.

36 posted on 09/17/2009 4:23:30 PM PDT by Red Steel
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To: pissant

And here is how he ends it. The Amazing Criswell must be related to Orly Taitz:

http://www.youtube.com/watch?v=7_DEtfvv9MU

parsy, who says the logic is the same


37 posted on 09/17/2009 4:28:22 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: LucyT
Thanks for the ping!!!!

Yesterday, Judge Clay D. Land garnered nationally notoriety...

That speaks volumes there, huh?

38 posted on 09/17/2009 4:41:41 PM PDT by IrishPennant (Where is my much anticipated Obama Opus?)
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To: pissant

Any judge who grants standing will no longer be sitting.


39 posted on 09/17/2009 5:29:27 PM PDT by Old Professer (The critic writes with rapier pen, dips it twice, then writes again.)
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To: Old Professer

We’ll see if judge Carter follows that chickensh*t prescription


40 posted on 09/17/2009 5:30:29 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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