Judge (Land) refuses to accept Rhodes’ Letter

The Post & Email ^ | Sept. 28, 2009 | John Charlton

[Red Steel]

LAND GRANTS TAITZ’S MOTION TO BE DISMISSED AS COUNSEL

The citizen journalist, Larry Sinclair, has been vindicated; the Rhodes letter will not be considered by the Court; so says Judge Clay D. Land of the Federal Court, Middle Division, Georgia; whose assistant clerk appears to have not observed proper procedures about the admission of documents to the docket.

The Post & Email has covered the letter in a separate article, last week.

Judge Land makes his statements in his ruling, granting Attorney Taitz’s motion to be dismissed as Rhodes’ counsel, in the case Rhodes vs. Mac Donald, to wit:

Moreover, the Court notifies counsel that in issuing its show cause sanctions order, the Court did not rely upon the letter sent by Plaintiff purporting to discharge counsel (Doc. 18), nor does the Court intend to rely upon that document in future proceedings regarding sanctions against Plaintiff’s counsel.

-----

[Red Steel]

Silly faxes from Kinkos or OfficeMaxes written by ‘acquaintances’ that are sent to courts as genuine articles are for forgers. :^)

[Non-Sequitur]

Silly faxes from Kinkos or OfficeMaxes written by ‘acquaintances’ that are sent to courts as genuine articles are for forgers. :^)

And yet the judge did rely on that very letter in making his decision: "Plaintiff’s counsel filed a motion to withdraw as counsel for Plaintiff (Doc. 20). Plaintiff apparently does not object to such withdrawal. (See Doc. 18.)" If the court considers it a forgery then why would it reference it in granting the motion to withdraw?

So has Orly filed her response as to why she shouldn't be sanctioned yet?

[Red Steel]

Well looks who is up in the morning bright eyed and bushy tailed.

[BP2]

Don't be fooled by N.S.'s moderated tone and language as of late. A schill is a schill, and he knows he's being closely-watched by the moderators.

“Thin ice” is an apt description.

Judge Land must think his sanction is on thinner ice as well, as his tone and language is more subdued than previous Orders - no subjective or editorial use of the phrase "birther movement" and other obviously colorful language - LOL. This from his most latest Order:

Moreover, the Court notifies counsel that in issuing its show cause sanctions order, the Court did not rely upon the letter sent by Plaintiff purporting to discharge counsel (Doc. 18), nor does the Court intend to rely upon that document in future proceedings regarding sanctions against Plaintiff’s counsel. Whether Plaintiff expressly authorized counsel to file the motion for reconsideration is irrelevant to the Court’s determination of whether the filing was legally frivolous.

Judge Land must think he's being watched by moderators too - i.e., higher Appeals courts that are apt to throw out his sanction of Orly - seeing him for the activist cool-aid drinking judge he is.

[Red Steel]

Bushy tailed

[sometime lurker]

I’m trying to keep up with the information, and what’s posted looks like the judge said he won’t rely on the letter specifically as regards to sanctions, not that he refused to accept the letter. Of course there could be sources in addition to the article that says he refused to accept it or that proper procedures weren’t followed by the clerk. Does anyone know where to find them?

I’m not a lawyer, and would like to see comments from freeper lawyers on this.

[Sibre Fan]

This post, particularly the heading, is simply FALSE.

The Court has at least provisionally accepted the letter, pending receipt of the original from Iraq.

In fact, Judge Land granted Taitz's motion on the basis of Rhodes' letter! Read the actual order, now what someone says that the order says! The actual ORDER reads as follows:
"Plaintiff’s counsel filed a motion to withdraw as counsel for Plaintiff (Doc. 20). Plaintiff apparently does not object to such withdrawal. (See Doc. 18.[RHODES LETTER])." In other words, given that the Rhodes Letter says that she doesn't want Orly acting on her behalf, the Judge has granted the Motion to withdraw. He notes, however, that Orly remains subject to sanctions for filing the Motion to Stay, and that she would remain subject to sanctions whether or not she withdrew as counsel.

[browardchad]

I’m trying to keep up with the information, and what’s posted looks like the judge said he won’t rely on the letter specifically as regards to sanctions, not that he refused to accept the letter. Of course there could be sources in addition to the article that says he refused to accept it or that proper procedures weren’t followed by the clerk. Does anyone know where to find them?

IANAL either, but your statement is accurate. Land didn't "reject" Rhodes letter -- it's been entered into the Pacer case file. He simply informed Taitz that it's not a factor in his order to show cause that she shouldn't be sanctioned.

There aren't any other sources/documents out there on the letter -- simply this blogger's erroneous interpretation of Land's response to Taitz' motion to withdraw.

[Red Steel]

The faxed letter has been tentatively accepted by the court until a genuine letter by Rhodes follows it up. According to a court clerk, it was written by an "acquaintance" on behalf of Rhodes since she was about to deploy to Iraq. The letter most likely expresses her views about withdrawing from the case as far as she wants to take it after the ruling by Land. What I find perplexing and very dubious and completely over-the-top is the wording in the letter. It appears to me that this "acquaintance," who should have been a close friend, took advantage and put extra words in her mouth.

The letter should have been short and sweet like this.

To the Honorable Judge Clay Land,

I am not pursuing further action in my case, Rhodes v. Mcdonalds, and I formally withdrawal from the case. This letter has also been sent to my counsel Orly Taitz informing her of my decision.

Sincerely, Connie Rhodes

She could have written this in 2 minutes and put it in the mail.

That's all that was needed. The stuff in her letter that I'm going to file a complaint against Taitz is very likely hogwash. And it's very telling we haven't heard anything in public about any follow up to her faxed letter. I'll withhold final judgment until all is said about this.

[rocco55]

YOU go Red Steel ! I say NO MERCY for ‘NS’...king of the ugly trolls !

[El Gato]

And yet the judge did rely on that very letter in making his decision: "Plaintiff’s counsel filed a motion to withdraw as counsel for Plaintiff (Doc. 20). Plaintiff apparently does not object to such withdrawal. (See Doc. 18.)" If the court considers it a forgery then why would it reference it in granting the motion to withdraw?

Notice the word "apparently", indicating some doubt about the matter. Perhaps the judge has some new information giving him further doubts about the letter, after he'd granted the dismissal? Perhaps some communication from Captain Rhodes, now that she should be someone settled in theater?

[Sibre Fan]

Notice the word "apparently" [contained in Judge Land's order], indicating some doubt about the matter. Perhaps the judge has some new information giving him further doubts about the letter, after he'd granted the dismissal? Perhaps some communication from Captain Rhodes, now that she should be someone settled in theater?

Perhaps. Or, perhaps as the clerk reportedly said, they took the fax, assuming authenticity, pending receipt of the original expected to be mailed from Iraq. Sometimes, the simple explanation is actually the right one.

[The Comedian]

Obligatory graphic ping!

[Pilsner]

Notice the word "apparently", indicating some doubt about the matter. Perhaps the judge has some new information giving him further doubts about the letter,

The Judge is just saying that he won't consider the letter when he sanctions Orly, so that she can't try to drag her victim, err, former client, into the sanctions proceedings.

[American Constitutionalist]

" The citizen journalist, Larry Sinclair, has been vindicated; the Rhodes letter will not be considered by the Court; so says Judge Clay D. Land of the Federal Court, Middle Division, Georgia; whose assistant clerk appears to have not observed proper procedures about the admission of documents to the docket. "

What is this all about ? ... the judge's assistant clerk not observing proper procedures ?
Yeah, some here in FR criticize Orly of being incompetent.

[Red Steel]

Personally, I wouldn’t have taken that letter written by ‘an acquaintance’ of Rhodes If I was the clerk by placing it in the docket. You’ll notice that the signature looks like a cut and paste job, and was faxed a few minutes away from the Court House without notarization. It appears to me this clerk did not follow proper procedure as the author says. However, it’s acting as a placeholder until Rhodes follows up with a genuine letter of her own.

[mlo]

[El Gato]

Perhaps. Or, perhaps as the clerk reportedly said, they took the fax, assuming authenticity, pending receipt of the original expected to be mailed from Iraq. Sometimes, the simple explanation is actually the right one.

That's pretty much what I thought "apparently" meant.

I still wonder if anyone has heard from Captain Rhodes herself.

Although I must say, giving any credence, even provisionally, to something that was not expected, as in the court was expecting a filing, from someone you only talked to on the phone, and sent from an anonymously from a public fax service, which was less than 3 miles away from the courthouse, seems kind of irresponsible, IMHO. YMMV.

[Red Steel]

Judge Land must think his sanction is on thinner ice as well, as his tone and language is more subdued than previous Orders - no subjective or editorial use of the phrase "birther movement" and other obviously colorful language - LOL. This from his most latest Order:

Yes, no bombastic BS. LoL!