$10,000 Sanction Proposed Against “Birther” Lawyer (Orly Taitz)

WRBL ^ | September 18, 2009 | Teresa Whitaker

[GoldStandard]

Federal Judge Clay Land may have made good on his threat of sanctions against a lawyer for an army officer fighting deployment on the claim that President Barack Obama was not born in this country. In an order today Judge Land denied a motion for a Stay of Deployment for Captain Connie Rhodes, filed by Attorney Orly Taitz yesterday. The motion was filed after Judge Land threatened sanctions and dismissed the complaint calling it frivolous. Taitz has 14 days to show why a $10,000 penalty as a sanction should not be imposed against her. We tried reaching Taitz. She has not returned our calls.

In a bizarre twist, News 3 has received a copy of a letter to Judge Clay Land, written by the officer in this case, Captain Connie Rhodes. In it she writes she is shipping out to Iraq and asks the Judge to withdraw the Motion to Stay the Deployment. She denies authorizing Taitz to file on her behalf.

Related: Rhodes v MacDonald

[Sibre Fan]

The one the Founding Fathers used was from Blackstone and Vattel. They both say that NBC requires both citizenship by location of birth AND both parents (or by the most liberal interpretations, at least the father!) being citizens of the country of birth.

Really? My understanding is that Vattel expressly pointed out that the two-citizen parent rule did not apply in Great Britain (much of whose common law was incorporated into the early US cases). And Blackstone expressly adopts the location of birth approach (because, of course, his commentary was about Great Britain's law). Do you have a link to where Blackstone adopts the two-citizen parent approach?

[Sibre Fan]

As a follow-up Blackstone's Commentary explicitly states that a child born on British soil - of alien parents, is a "natural-born" subject:

"The children of aliens, born here in England, are, generally speaking, natural-born subjects, and entitled to all the privileges of such. In which the constitution of France differs from ours; for there, by their jus albinatus, if a child be born of foreign parents, it is an alien."

[little jeremiah]

Excellent thoughts and insights, especially about politicians. Freaking cowards, I would put it, not so politely or said so well. I will again quote C.S.Lewis to advantage:

Courage is not simply one of the virtues, but the form of every virtue at the testing point.
C. S. Lewis

[Red Steel]

And how moved was the Supreme Court by this argument? They found it so compelling that they denied certiorari (I believe three times) without comment from a single justice. Yep, that's one compelling argument.

Actually, they accepted the Amicus Curiae and did have a comment on Berg's Writ of Centiorari:

"BERG CASE ORDER: THE MOTION OF BILL ANDERSON FOR LEAVE TO FILE A BRIEF A AMICUS CURIAE IS GRANTED. THE PETITION FOR A WRIT OF CENTIORARI BEFORE JUDGEMENT IS DENIED."

Notice the words "before judgement"

SCOTUS placed the case back in the hands of the lower courts.

[mojitojoe]

Obama’s acts are SO un-American, in terms of tradition and history, that he does NOT seem to have the persona of a man who was socialized or born in the United States of America.
________________
You nailed it. I have a question. In his Audacity book he refers to a man, but never mentions his name. He said he as a friend, an older man, active in civil rights movement in Chicago in the late 60’s and that he wrote a letter of recommendation for Barry to attend law school. Do you know who he is referring to?

[little jeremiah]

Bravo!!

[little jeremiah]

Your comments are just topnotch. And nully’s.

It’s so pleasant to read them.

[Electric Graffiti]

To those who know the tell-tale traits, Obama fits the profile. Google "sociopath" or "anti-social" and see for yourself. The perfect criminal - no remorse and a screwed up sense of morality. Even the intense eye contact - one of the reasons he loves teleprompters.

Good obersvations as usual BP2. It was obvious to me before he got the DEMONCRAT nomination that this guy was dangerous. When I started reading about his past,(thanks to the great posters here at FR) it kept me awake at night, knowing what was in store for the country. Btw---a good thread related to your comments:

Is Obama a Narcissist? [FreeRepublic Thread]

[Red Steel]

You nailed it. I have a question. In his Audacity book he refers to a man, but never mentions his name. He said he as a friend, an older man, active in civil rights movement in Chicago in the late 60’s and that he wrote a letter of recommendation for Barry to attend law school. Do you know who he is referring to?

Khalid Mansour and radical activist Percy Sutton.

[Sibre Fan]

"SCOTUS placed the case back in the hands of the lower courts."

Yes, SCOTUS did. Back to the Third Circuit, which has already stated, about Berg's complaint, that:

"As ably expressed by the District Court, it appears that Appellant lacks standing to challenge the election of Barack H. Obama to the Presidency of the United States. Even if Appellant possessed standing to raise the issue of President-Elect Obama’s constitutional eligibility to be President, no justiciable controversy is presented, as Appellant seeks adjudication of a political question. Accordingly, Appellant has not shown a likelihood of success with respect to his appeal."

But, hey. Maybe they'll change their mind. We'll know that when they issue their ruling on October 26.

[little jeremiah]

Just pinging a few of you to moonpie’s comment.

If true - confetti and balloons time.

[Red Steel]

Yes, SCOTUS did. Back to the Third Circuit, which has already stated, about Berg's complaint, that:

Already stated on this thread? OldDeckHand didn't think SCOTUS commented on any of the eligibility cases but they did as I corrected him.

[Red Steel]

That’s an interesting post about people squirming behind the scenes. ;-)

[null and void]

are, generally speaking, natural-born subjects, and entitled to all the privileges of such

Generally speaking, yes. Keep reading. Blackstone also says under what circumstances that does not apply.

Specifically, when the child's parent's country lays claim to all of their citizens' children.

This is why The Empire felt perfectly justified, well within their rights, and on solid legal ground when the press ganged the New England born sons of former colonists into the Royal Navy.

Push comes to shove, mere location of birth doesn't suffice.

[Sibre Fan]

OldDeckHand didn't think SCOTUS commented on any of the eligibility cases but they did as I corrected him.

SCOTUS did not "comment" on the case. You refer to the Court's use of the phrase "before judgment" as a "comment." It's not.

Granting an Amici and Denying a Writ is not commenting on the case. The reason that the order reads: "...THE PETITION FOR A WRIT OF CERTIORARI BEFORE JUDGEMENT IS DENIED." is because that's the type of writ that was filed.

Stated another way, you may file a "Writ of Certiorari" or a "Writ of Certoirari Before Judgment - which is referred to as a "Rule 11 Writ."

Look at the SCOTUS Docket for that case:
No. 08-570
Title:
Philip J. Berg, Petitioner
v.
Barack Obama, et al.
Docketed: October 31, 2008
Lower Ct: United States Court of Appeals for the Third Circuit
Case Nos.: (08-4340)
Rule 11

Now, read Supreme Court Rule 11:
Rule 11. Certiorari to a United States Court of Appeals before Judgment
A petition for a writ of certiorari to review a case pending in a United States court of appeals, before judgment is entered in that court, will be granted only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court. See 28 U. S. C. § 2101(e).


In other words, all the Court did was correctly identify the type of writ that it was denying. It made no comment on its denial.

[Electric Graffiti]

..... The Republicans in Congress know “something’s up” with Obama, but have been silenced with fear of reprisal from Obama’s Chicago mob squad that they hold their tongue.

Where's that picture of Tutu Rambo Rahm getting in the faces of the Republican leadership because of Wilson's outburst? If they'll do this kinda crap for the cameras, imagine what is going on behind the scenes. We're in the midst of a COMMUNIST COUP. Jack booted thug leftist trying to intimidate the opposition into silence. This is only goint to get worse, as history has shown us.

[etraveler13]

For the defense pertinent to Sanctions by the court, I suggest Orly read this case before the court, also defending agains sanctions. Down the line, she can use case precident.
http://www.freerepublic.com/focus/f-news/2208530/posts
Hollister v. Obama
For those of you wanting some verifiable facts within the court system, and case law, not speculation. This is a treasure trove of information.
Like Orly Taitz, Council Hemenway is not afraid of this judge, and tells him so...Worth the read.

[Red Steel]

"the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court."

Berg skipped past the Court of Appeals for the 3rd Circuit and went directly the Supreme Court. Nonetheless, the case is pending in the 3rd circuit awaiting judgement.

[Sibre Fan]

Berg skipped past the Court of Appeals for the 3rd Circuit and went directly the Supreme Court.
Agreed.

Nonetheless, the case is pending in the 3rd circuit awaiting judgement.
Agreed. The 3rd Circuit Opinion should be issued Oct. 26. And, as quoted above, we have a fairly good idea how it's going to turn out based on the 3rd Circuit's prior rulings in the case.

[Carcas]

Ummm, about your book proposal, Iron Munroe, wealthy people do not like Obambi, I’m pretty sure of that, too. Also, Fox News hasn’t let up, at all, and they have the most viewers. Also, his donors all had to be identified to the FEC and I know that Fox News has gone over the FEC reports and not had a single complaint about campaign donations. Also, the working class unions support Obambi, much to their shame, and Orly Taitz embarasses all of us with her silly ranting. She has no intention of staying in this country. She intends to get disbarred so she can raise tons of money from people like you who hurt the cause, then she is moving permanently to Israel. Your proposed book would still fall flat.