... Res Ipsa Loquitur.
Posted on 10/05/2009 10:14:30 AM PDT by Beloved Levinite
In a 24-page filing littered with all-caps, bold, and underlined text, Birther attorney Orly Taitz is demanding that a federal judge recuse himself in a case that has morphed from a soldier's attempt to resist Barack Obama's orders to what Taitz sees as a prosecution of herself.
Taitz alleges that Judge Clay Land met with Attorney General Eric Holder, who was allegedly spotted at a small coffee shop across from Land's courtroom in Columbus, Georgia, on the day of a Birther hearing. A strange affidavit by one Robert Douglas describes the putative sighting of Holder, sans entourage, who "probably thought he would not be recognized."
Douglas writes:
I looked up and immediately recognized an individual entering and approaching the serving counter, due to his well know [sic] TV displayed distinguishing features: his trim upper lip mustache, not large of stature and general olive complexion.That alleged sighting is "circumstantial evidence suggesting that, in fact Judge LAND was influenced by prior association or direct ex-parte communications with Attorney General Eric Holder, acting as agent on behalf of de facto President Obama," Taitz writes in her motion.
Her motion for the judge to recuse himself comes, remember, after Land shot down Taitz and her Army captain client's case alleging Barack Obama is not legitimately president. At that point, despite a warning against more frivolous filings, Taitz challenged the judge's order. And he gave her until last Friday to explain why she shouldn't be fined $10,000.
Which brings us to Taitz's motion for Land, of the U.S. District Court for the Middle District of Georgia, to recuse himself, and another motion asking for more time to respond to the threat of sanctions.
In the motion, which you can read in full here, Taitz, among other things:
•Takes umbrage at judge's use of the term Birther to describe her, noting that it is often coupled with "even more colorful epithets such as 'batshit crazy'"
•Says Land may be disqualified because he allegedly owns stock in Microsoft and Comcast which are "aligned both politically and economically with a key Defendant in this case" -- "the de facto President of the United States, Barack Hussein Obama" (emphasis hers)
•Says Land cannot be an impartial adjudicator of whether she should be sanctioned by the court because he has "radically PREJUDGED" the facts of the Birthers' case (caps hers)
•Accuses Land of issuing "blitzkrieg-like rulings"
•Compares Birther crusade to movement for desegregation, suggesting Land, whom she calls "this distinguished Southern Judge" would have been on the side of Jim Crow:
Surely this distinguished Southern Judge would have jailed Thurgood Marshall in the 1940s and '50s for contempt when the future Supreme Court Justice repeatedly filed cases demanding on constitutional as well as social and psychological grounds the desegregation of primary and secondary public schools against well-established precedents such as Plessy v. Fergusson, 163 U.S. 537 (1896)Finally, Tatiz asks for more time -- until October 16 --- to respond to his order requiring her to explain why she shouldn't be finded $10,000. As she puts it:
The preparation of the response to this Order to Show Cause is in large part dependent upon whether the chief complaining witness, Judge Clay D. Land himself, will also serve as prosecuting attorney, judge, and jury of his complaint to impose a penalty for the undersigned attorney's alleged misconduct in the amount of $10,000.00
Which, of course, the judge is ~ most of them are ~ at the federal level anyway. It's a mental disability we have to do something about before our entire judiciary is made up of fascists.
Of course, that's like recalling that virtually all lawyers are Greedballs ~ ~ ~ ~ ~ does anyone need reminded of that?
You have also got to consider the fact that it is DOJ attorneys responding to the case in Judge Carter’s court, resulting in a full court press, I am sure.
I am still questioning the legality of DOJ attorneys representing Obama in a personal civil law suite to prove up his qualifications.
... Res Ipsa Loquitur.
This is getting more and more intersting. GO ORLY!!!!
Let's see them say no to him.
I have to admit that Orly is REALLY hard to listen to. When she gets upset her voice reaches a pitch that human ears can hardly bear. Having said that, I believe that she is right. I do think they are trivializing the messenger to trivialize the message. I wouldn’t be surprised if Holder is telling the judge to just treat her like she is crazy (it’s not that hard to believe). Crazy messenger= crazy message. I just hope she can find a way to be looked at a little more seriously.
Remove my name from your ping list, please. Thank you
She doesn't allege but has an affidavit from a witness that backs her up. Will see if the 4 witnesses (listed in the affidavit) were correct...time may tell.
Sounds as if Orly is getting under their skin.
ME TOO! It happened around the case where Cheney was a a defendant. There was a decision made where DOJ got involved and then Cheney said he wanted DOJ to represent him also.
FEC ruled that Coleman could only use a portion of his campaign funds to pay off his legal expenses of franken voter fraud lawsuits.
So why is Obama able to use campaign donations and taxpayers forced contributions?
” Interesting way to get across the fact that Judge Land has characteristics typical of traditional KKK members,..”
The left routinely implied that Judge Land was a racist and came from a long line of racists when he presided over the trial of a black man accused of strangling elderly white women in the 1970s in Columbus, GA.
A book was written about the stranglings ,
the subsequent trial and Judge Land’s controversial rulings-
“ The Big Eddy Club :The Stocking Strangling and Southern Justice. “
The author, David Rose was on the Tavis Smiley Show in 2007 discussing the case.
Rose: Well, the judge who heard the pretrial stage of this case was a man called John Land.
And he made decisions early on which had a terrible effect on Carlton’s ( the black defendant )
prospects for getting justice. .....
They couldn’t challenge any of the state’s evidence.
Now, the thing about John Land was that his father
was a man called Aaron Brewster Land.
And Aaron Brewster Land was the leader of not one but two lynch mobs in the early twentieth century.
And he was the leader of a mob which committed one of the most horrific lynchings in the history of Columbus.
Tavis: This is the judge’s father...
The case worked it’s way through the system and was being appealed.
Rose: ...here’s another twist.
The federal judge is called Land.
He is Clay Land, the great-nephew of John Land ( laughter .)
And therefore ,
the great grandson of the lynch mob leader A.B. Land.
He is the man who now has Carlton Gary’s fate in his hands.
I haven’t read Judge Land’s “verdict” — did he really call her a “birther”? That’s huge if true. Seeing as how that term has been created and used as a derogatory against an entire set of people (even though most of us have embraced the word, and done our best to remove *power* from it), for a JUDGE to use that term... Well, let’s just say that Land is an IDIOT if he really did call her that either in open court OR in his written statements...
Very interesting. Good to know that more and more citizens are becoming aware of this, and are on OUR side (i.e. the patrons/employees at the meeting place).
If he did meet with or speak with Holder or any politician or political advocate for the Kenyan, it will come out sooner or later and he has to be worried about that in light of being political and punitive to Orly and Cook. What is his pay off to stick his neck out this far?
He has to have a good reason to be serving as a hatchet man for Obama because I don’t see how it is to his advantage to be seen as putting the kabosh on the question of qualification and supporting Obama’s evasion.
I was under the impression that Orley is aiming for a job as a commentator at MSNBC as MSNBC is the only news network that will put her on the air.
I guess it would be inappropriate to mention that there is some evidence to suggest that Holder was in Los Angeles on the 15th and 16th of July when this alleged siting in Georgia occurred.
http://www.reuters.com/article/pressRelease/idUS175936+14-Jul-2009+PRN20090714
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