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Interesting note posted today re Judge Land and Obama 'discovery'

Posted on 09/21/2009 7:03:17 AM PDT by cycle of discernment

http://www.orlytaitzesq.com/

Leon Brozyna Says: September 21st, 2009 at 4:09 am

Dr. Taitz:

In perusing a number of web sites and commentary on the Rhodes case and the latest results, I find that the comments generally fall into two groups —

*** 1 - the judge is terrible and the ruling is an injustice.

*** 2 - the judge is correct in properly smacking down Orly.

I suggest that there is a third possibility that exists that no one seems to have publicly mentioned — that Judge Land is brilliant by handing down a deliberately inflammatory ruling bordering on judicial misconduct thereby inviting Rule 11 discovery.

Just think about it for a minute.

If Judge Land had granted the TRO, the case might have dragged on for months before getting to the discovery phase. On the other hand, the judge could have dispassionately denied the TRO by narrowly interpreting the law in favor of the defendants and Cpt Rhodes would have deployed to Iraq, making further motions moot.

By ruling as he did, as though he was having a judicial melt-down, it seems he has practically handed you an engraved invitation to submit a motion for Rule 11 discovery. Did he do this deliberately in the hope that you would take this route? We’ll never know. Even if this case blows up in Obama’s face, Judge Land’s thought processes may remain forever hidden (unless he has his memoirs published after he retires or dies). The point is that you now have, in this case, the best possibility to go for discovery - perhaps even better than in the case pending before Judge Carter. Craft your arguments carefully - Obama’s defense team may come to really hate Judge Land for his seeming melt-down.

Another thought - there was an earlier case in which the judge dismissed plaintiff’s motion and referred to blogs, the internet, twittering, etc. in his ruling. Made quite a splash when the ruling was handed down. I believe the case is still out on appeal - may have tried for rule 11 discovery based on judge’s conduct. Something else you may want to look into after you’ve responded to defendant’s motion before Judge Carter.

Everything seems to be coming together. The next few weeks may just turn out to be the most important in our Republic’s history. Our prayers are with you.

Leon Brozyna CW2, USA (Ret)


TOPICS: Politics/Elections
KEYWORDS: alteredtitle; birthcertificate; bloggersandpersonal; certifigate; imom; missinglink; obama; obroma; orly; orlyorlytaitz; orlytaitz; sourcetitlenoturl
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To: Hang'emAll; Red Steel; null and void; LucyT; BP2; STARWISE; MHGinTN; pissant; hoosiermama; ...
bump... of possible interest.

Also of note:

"Captain Connie Rhodes, Letter, Update, September 21, 2009, Letter prepared by acquaintance, Judge Land ruling, Rhodes deployment to Iraq
...

Mr. Frost stated that after speaking with his boss and the acquaintance assuring the Court an original would be sent after Capt. Rhodes arrives in Iraq, the court accepted the document."
http://citizenwells.wordpress.com/2009/09/21/captain-connie-rhodes-letter-update-september-21-2009-letter-prepared-by-acquaintance-judge-land-ruling-rhodes-deployment-to-iraq/#comments

And...

"Letter signed Capt. Connie Rhodes says she never OK'd appeal, says Rhodes will file complaint against attorney Orly Taitz

A letter filed Friday and signed Capt. Connie Rhodes, who filed a complaint Sept. 4 in U.S. District Court that sought to stop her deployment to Iraq by arguing that President Barack Obama can’t legitimately hold office, states that she never authorized her attorney to appeal a Wednesday ruling against her."
http://www.ledger-enquirer.com/news/breaking_news/story/844811.html

41 posted on 09/21/2009 12:01:21 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Genoa
Brilliant or stupid. Either way, by moving Orly from plaintiff to defendant, he just might be blowing this whole thing wide open. Now, as the one in jeopardy, she gets a whole new set of rights and privileges.

Sorry, but there is not a chance of this blowing anything wide open. She is being threatened with sanctions not for filing the lawsuit challenging Obama's eligibility, but only for filing a baseless motion for reconsideration (in that the motion for reconsideration did not address the legal grounds in the judge's original opinion). So she is not going to be able to take discovery into anything having to do with Obama's eligibility. The only issue is whether her motion for reconsideration was legally proper.

42 posted on 09/21/2009 12:11:13 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: rxsid
An acquaintance huh? Will see...

-snip-

From link. "I asked “would that acquaintance would be a Mr. Joe Parton,” and Mr. Frost said he would not give “his” name, and that the Court has accepted the document as authentic. Mr. Frost also stated that “if the Court does not receive an original from Iraq then there may be a problem.“

-snip-

"I have received an email address for Capt. Rhodes and will send her an email asking if she signed the letter. Which we already know the signature was “cut & pasted” and it appears with the permission of the Clerks office?”"

- end snip -

Funny that she couldn't do it herself.

43 posted on 09/21/2009 12:15:04 PM PDT by Red Steel
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To: Lurking Libertarian
This what you said in a similar case in March:

----------

To: cvq3842

Paragraph 63 is very important. If the judge is saying the lawsuit is frivolous and that the attorney and client should be sanctioned, then it opens the door to them showing just WHY it’s not frivolous. It’s not altogether dissimilar from accusing someone of libel - the accused then gets a chance to defend himself, truth being a defense. Could the judge be opening the door to a fuller airing of this issue without knowing it? I predict this Rule 11 hearing will go away quickly. If not, then again the door is opened a little more. If sanctions are applied without giving the parties a chance to defend themselves, then we have indeed gone beyond the looking glass.

The original order ruled the suit was frivolous becuase he tried to use the interpleader statute where it has no possible application. That has nothing to do with Obama's birth certificate. He will be sanctioned, and it will be upheld on appeal.

33 posted on Tuesday, March 17, 2009 4:14:24 PM by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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http://www.freerepublic.com/focus/f-news/2208530/posts?page=33#33

----

You struck out about Hemenway being sanctioned with a fine. No fine no appeal. The Judge ate his balls.

44 posted on 09/21/2009 12:28:02 PM PDT by Red Steel
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To: rocco55
... the court either did not read these documents or was summarily instructed by that same illegitimate ‘chain of command’ alleged above not to address [the questions,]” the motion said.

Accusing the judge of malpractice (blue) and/or dishonesty, subverting justice, and conspiracy? (red)

Probably not the smartest thing a lawyer could do.

45 posted on 09/21/2009 12:34:43 PM PDT by mountainbunny (Mitt Romney: Would you buy a used car from this man?)
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To: Red Steel
You struck out about Hemenway being sanctioned with a fine. No fine no appeal. The Judge ate his balls.

I didn't say Hemenway would be fined. I said he would be sanctioned. He was, with a reprimand. He could have appealed-- any sanction, whether or not it involves a monetary penalty, is appealable-- but Hemenway didn't.

46 posted on 09/21/2009 12:37:49 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: penelopesire; seekthetruth; television is just wrong; jcsjcm; BP2; Pablo Mac; April Lexington; ...

~~PING!

So, I see the fact she herself did not
fax this letter has been allegedly
admitted, as a ‘friend’ sent it.

Still, the ID of the fax doc issue
and the Kinkos/Fedex/whoever could
NOT find any fax from their facility
at the time the fax indicated .. right ?


47 posted on 09/21/2009 12:39:50 PM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
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To: Lurking Libertarian

I figured you would wiggle your way. You know dang well what you meant at the time. I doubt Hemenway cares what this judge thinks.


48 posted on 09/21/2009 12:41:27 PM PDT by Red Steel
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To: Frantzie

I hope Judge Carter understands Marines are dying because of the Islamist’s rules of engagement in Afghnaistan.
******************************************************
Judge Carter understands , he has visited Afghanistan himself... he must also understand how dangerous Obama is in foreign affairs and such , if Obama continues to kick Israel , Poland and deny troops needed for victory in Afghanistan we could end up in a world of hurt. I’d say Obamas actions as CIC would lead most thinking people to question what team he’s on and isn’t that precisely why we have the NBC rule in the first place.


49 posted on 09/21/2009 1:42:41 PM PDT by Neidermeyer
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To: Neidermeyer

Judge Carter appears to have the depth of character which would do the right thing. If Barry is an NBC with no cloud upon his bonefides, you could expect Judge Carter to so rule without allowing what he may ‘feel’ about the CiC malfeasance to enter into his decision. THAT is the sort of character his military service instilled in him and which is so often missing in liberal minds. Compare Judge Carter’s methodology with Judge Clay Land’s nasty little outburst dealing with the same poorly educated lawyer. Carter respects the law, Land appears to be a ‘respecter of persons’ ... and IMHO as corrupt as any good ol’ boy cracker you’ll ever hope to never come before in a court of law.


50 posted on 09/21/2009 1:47:14 PM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: Lurking Libertarian; Red Steel
Red Steel: You struck out about Hemenway being sanctioned with a fine. No fine no appeal. The Judge ate his balls.

LurkingLibertarian: I didn't say Hemenway would be fined. I said he would be sanctioned. He was, with a reprimand. He could have appealed-- any sanction, whether or not it involves a monetary penalty, is appealable-- but Hemenway didn't.

Slightly off topic, but, Yes, Hemenway did appeal the Sanction Order containing the public reprimand. It's Appeal # 09-5161, which has been combined with the appeal of the dismissal (Appeal # 09-5080).
51 posted on 09/21/2009 1:50:08 PM PDT by Sibre Fan
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To: Sibre Fan
Slightly off topic, but, Yes, Hemenway did appeal the Sanction Order containing the public reprimand. It's Appeal # 09-5161, which has been combined with the appeal of the dismissal (Appeal # 09-5080).

Sorry, I didn't know he appealed. But my main point stands-- getting hit with Rule 11 sanctions doesn't entitle the sanctioned lawyer to discover Obama's birth records to fight the sanctions order.

52 posted on 09/21/2009 1:52:50 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Sibre Fan

Do you have a link to that? I’d like to check it out.


53 posted on 09/21/2009 1:53:09 PM PDT by Red Steel
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To: Red Steel

Placemark.

(as though I have nothing else to do but it’s hard to tear myself away today.)


54 posted on 09/21/2009 1:57:19 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: Lurking Libertarian
But my main point stands-- getting hit with Rule 11 sanctions doesn't entitle the sanctioned lawyer to discover Obama's birth records to fight the sanctions order.

I agree with you. There is zero chance that discovery on any birth records will be granted because, frankly, they're irrelevant to both Judge Land's first stay order and his second stay order. The issue with respect to the first order is whether he properly denied the TRO on abstention grounds. No discovery, much less birth-records discovery, is relevant to that issue.

The issue with respect to the second order is (a) whether he properly found her motion frivolous for failing to even address any of the law cited in his first opinion; and/or (b) whether he properly found that she was using the judicial forum for improper political purposes.

Again, no discovery related to birth-records is relevant to that issue. At most, discovery into Taitz's actions would be relevant (in order to show "purpose").

Recall that Judge Robertson "upheld" his initial order that the Hollister case was frivolous, but dropped the "improper purpose" element of the "charge." We'll see what Judge Land does here.
55 posted on 09/21/2009 2:10:13 PM PDT by Sibre Fan
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To: Sibre Fan

Info thanks. I found the appeal.


56 posted on 09/21/2009 2:11:58 PM PDT by Red Steel
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To: Red Steel
Do you have a link to that? I’d like to check it out. You have to have a PACER account to access the records. PACER is free to join, but charges you for copies of all materials other than opinions.

As FYI, the DC Circuit Appellate Court just went "electronic" on September 1, and, so, the only document currently available is the Appellees' Brief (Obama/Biden). It appears that Hemenway must have filed his Appellant's Reply Brief via paper as it was due last week but is not yet showing up on the docket.
57 posted on 09/21/2009 2:13:10 PM PDT by Sibre Fan
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To: Sibre Fan

And I always though PACER was totally a paid site.

Although, I’m finding Hollister case documents referring to Appeal # 09-5080 with Scibd looking them over...here’s one.

http://www.scribd.com/doc/19944041/HOLLISTER-v-SOETORO-APPELLEE-BRIEF-Filed-90409-Court-of-Appeals-Docket-095080-Transport-Room


58 posted on 09/21/2009 2:19:17 PM PDT by Red Steel
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To: Frantzie

“If she does not start working with competent attroneys in this case and the Judge Carter case then she is a plant by you know who”

Good point. If she’s a plant, the cover will fade as the process continues.


59 posted on 09/21/2009 2:28:20 PM PDT by reasonisfaith (Liberals have neither the creativity nor the confidence to understand the truth of conservatism)
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To: little jeremiah

It should be another interesting week in the Obama saga of who am I?


60 posted on 09/21/2009 2:40:57 PM PDT by Red Steel
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