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To: GoldStandard

This certainly complicates things.

On the (still unconfirmed but likely) news that Orly’s client has withdrawn from the case, see:

http://www.freerepublic.com/focus/f-news/2343231/posts

This was posted by an apparent troll, and may be viewed with suspicion, but it also may be true.

This complicates things. But it still seems to me that if the judge tries to fine Orly, that opens the door for her to appeal and keep the issue open. Although if the original party has decided not to go further, that may leave the issue “moot,” I’m afraid. Instead of an appeals court suggesting that Obama should cough up his birth certificate, they might at best just strike down the fine.

We’ll see.


3 posted on 09/18/2009 4:19:34 PM PDT by Cicero (Marcus Tullius)
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To: Cicero

OK, and see #2.


4 posted on 09/18/2009 4:21:01 PM PDT by Cicero (Marcus Tullius)
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To: Cicero
But it still seems to me that if the judge tries to fine Orly, that opens the door for her to appeal and keep the issue open. Although if the original party has decided not to go further, that may leave the issue “moot,” I’m afraid. Instead of an appeals court suggesting that Obama should cough up his birth certificate, they might at best just strike down the fine.

If the client doesn't want to appeal, Orly cannot appeal the decision dismissing the case. If she is sanctioned, she can appeal the sanction, but remember that she is being threatened with sanctions not for filing the original case, but only for filing the motion to reconsider. So the only issue on appeal would be whether the motion for reconsideration is sanctionable. Since she threw in gratuitous insults of Judge Land (including accusing him of treason!), I wouldn't bet on the sanctions order being reversed.

7 posted on 09/18/2009 4:43:29 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Cicero; jude24; Kolokotronis; P-Marlowe

The truth is that the judge is correct about the Army officer’s refusal to deploy.

If nothing else, this is an ongoing war, authorized by Congress long before Obama took over. Besides that, her orders do not come from the president, but from the Chairman of the Joint Chiefs, an officer who has separately been approved by the US Senate.

At this point, even if she objected to Obama, her only evidence puts that objection at the level of personal philosophy, which doesn’t pass muster as an acceptable reason for refusing a lawful order in the manual of courts martial.

It sounds, though, like she might have seen the light. Besides, you don’t leave your mates in the breach when they go off to war.


31 posted on 09/18/2009 6:47:18 PM PDT by xzins (Retired Army Chaplain and Proud of It! Those who support our troops pray for their victory!)
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To: Cicero
But it still seems to me that if the judge tries to fine Orly, that opens the door for her to appeal and keep the issue open.

The issue of her sanctions, maybe. But the Rhodes case and all the questions relating to Obama's birth certificate are dead as far as this matter is concerned.

88 posted on 09/19/2009 5:21:44 AM PDT by Non-Sequitur
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