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Soldier’s attorney fights back with another court filing (Orly Taitz)
WTVM (Columbus, GA) ^ | 17 Sep 09 | Roslyn Giles

Posted on 09/17/2009 11:52:15 AM PDT by Drew68

COLUMBUS, GA (WTVM) - Attorney Orly Taitz filed a brief Thursday morning in Columbus' US District Court requesting for a stay of deployment pending her client's motion for a rehearing.

This comes just one day after Judge Clay Land denied Captain Connie Rhodes' temporary restraining order, dismissed the entire case and ordered Rhodes to pay the defendant's court costs.

Rhodes, a military doctor, is challenging deployment orders to Iraq based on allegations that the Commander in Chief is ineligible to hold the office of president. Rhodes maintains that President Barack Obama was born in Kenya and not Hawaii.

"This is outrageous and a mischaracter of justice. I think that Judge Land should be sanctioned for judicial misconduct. He has violated my client's civil rights by denying her a trial by jury and not giving us 20 days to respond before making a decision, " says Taitz.

Judge Land also stated in his ruling that he would sanction Taitz if she filed any future actions in his court that were similarly "frivolous".

Judge Land was not available for comment.


TOPICS: News/Current Events
KEYWORDS: article2section1; bho44; birthcertificate; birthers; certifigate; colb; obamanoncitizenissue; orlytaitz
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Taitz's brief.

Eight pages of crazy.

1 posted on 09/17/2009 11:52:15 AM PDT by Drew68
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To: Drew68

Are you trolling again? Odd the Judge did not sanction her. I guess he is too spineless.


2 posted on 09/17/2009 11:55:26 AM PDT by Frantzie (Do we want ACORN running America's healthcare?)
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To: Drew68
From another article:

September 17, 2009

Capt. Connie Rhodes asks for Judge Clay Land to reconsider; attorney Orly Taitz involved

BY ALAN RIQUELMY - ariquelmy@ledger-enquirer.com

Army Capt. Connie Rhodes, who unsuccessfully petitioned a federal court to stop her deployment to Iraq by arguing President Barack Obama can’t legitimately hold the office, has asked U.S. District Court Judge Clay Land to reconsider his Wednesday ruling.

The emergency request for stay of deployment and request to amend the judgement was filed Thursday on behalf of Rhodes by attorney Orly Taitz — a national figure in the “birther” movement.

In her Sept. 4 complaint, Rhodes argued that some facts point to Obama not being naturalized or possibly an illegal immigrant. She said she couldn’t be lawfully compelled to obey a de facto president’s orders.

In a Wednesday order Taitz called “sarcastic” and “biting,” Land denied Rhodes’ request and told Taitz she would face sanctions if she ever again filed in his court a similar frivolous action.

“Plaintiff avers that there is increasing evidence that the United State District Courts in the 11th Circuit are subject to the same illegitimate chain of command which plaintiff has previously protested in this case...” Rhodes’ Thursday filing states.

Rhodes claims in her Thursday filing that Land denied her Fifth Amendment right to due process of law by not letting her file a response to the government’s motion to dismiss. Also, Rhodes had no meaningful access to the courts because Land’s ruling didn’t address any of her arguments, the request states.

In his ruling, Land said Rhodes had no credible evidence and made no reliable factual allegations that would support her unsubstantiated claims that Obama can’t serve as president. Instead, Rhodes used her complaint for political rhetoric and call Obama “an illegal usurper” and “unlawful pretender,” the judge writes.

Check back with ledger-enquirer.com for more on this story.



3 posted on 09/17/2009 11:56:22 AM PDT by deport
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To: Drew68

I think if the decision were to be made on the grounds that BHO is innocent until proven guilty; that would have greater strength than what was done.

I can understand questioning the Kenyan Birth Certificate, as it has no chain of authority, no certifications proving it’s authenticity - that is reasonable. However, a .pdf of a short ‘certificate of live birth’ does not prove anything either.

However, I should think that the judge would subpeona BHO’s birth certificate, as that would clear the whole case up instantly. The long form, not the short and simple Cert. of Live Birth.


4 posted on 09/17/2009 12:05:40 PM PDT by Hodar (Who needs laws .... when this "feels" so right?)
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To: Frantzie
After reading the judge's comments yesterday, it struck me that his apparent opinion is that since Congress approved 0bama, albeit on possibly false certification, that the matter is closed.

Since the founding of the Republic, Congress has done a number of things that were overturned because they ran counter to The Constitution, and since the Constitution mandates that the President be "natural born" no acts, or laws passed by Congress can counter this, because The Constitution is the supreme law of the land. If those that think they are more "enlightened" and wish to do otherwise, they are free to attempt to amend it, but as for now, no two-bit commie judge can countermand that law.

5 posted on 09/17/2009 12:06:12 PM PDT by The Sons of Liberty (FUBO - You Lie!!!)
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To: The Sons of Liberty
The irresponsible confirmation in the Senate of the irresponsible tallying of votes in the Electoral College does not supersede the clear meaning of Article II, Section 1. If it is allowed to stand, disregard of the Constitution by all branches of the government would be openly established. To all who believe that the Constitution is the government’s basic law, that the Constitution is the only instrument that gives the enactments of Congress and the commands of the Executive validity, it will be clear that the rule of law in the United States is a fiction.

from "Clearing the Smoke on Obama’s Eligibility: An Intelligence Investigator’s June 10 Report"
6 posted on 09/17/2009 12:09:46 PM PDT by SpaceBar
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To: Hodar
However, I should think that the judge would subpeona BHO’s birth certificate, as that would clear the whole case up instantly.

Orly comes into his courtroom with copies of two different "Kenyan" birth certificates, an AOL poll and a backup plan that even if Obama was born in Hawaii, he's still ineligible, and the judge is supposed to do the investigative work? Doesn't work that way.

This insane woman is going to wind up disbarred.

7 posted on 09/17/2009 12:10:40 PM PDT by Drew68
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To: Drew68

She may be or she may be a hero. Either way, the case is bigger than her or any court. It is a search for the truth and someone will carry the torch if need be.


8 posted on 09/17/2009 12:12:28 PM PDT by nufsed (Release the birth certificate, passport, and school records.)
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To: Hodar

That would seem like the appropriate solution.


9 posted on 09/17/2009 12:12:28 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: Drew68
"This is outrageous and a mischaracter of justice. I think that Judge Land should be sanctioned for judicial misconduct. He has violated my client's civil rights by denying her a trial by jury and not giving us 20 days to respond before making a decision, " says Taitz"

Let's get this straight. Her client's civil rights were violated by not giving her a jury trial? So Orly thinks it is her client on trial?

Taitz has no idea what she is talking about. She's a nutjob.

10 posted on 09/17/2009 12:14:50 PM PDT by mlo
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To: nufsed

They shouldn’t “search for the truth” in court until they actually have a case. They should search for some proof first.


11 posted on 09/17/2009 12:15:58 PM PDT by mlo
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To: The Sons of Liberty
Natural born is an intrinsic characteristic of a person. It is like being Caucasian, black, brown eyed or blue eyed.

What if congress voted that a short person was tall? Would that make them tall? Of course not!

Congress can vote a **thousand** times that a person is president, but if he is not natural born he can NOT be president. If he is in the White House assuming the duties of president and is not natural born, he is a FRAUD!

When our legislative process has broken down, there must be some remedy.

12 posted on 09/17/2009 12:18:11 PM PDT by wintertime (People are not stupid! Good ideas win!)
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To: SpaceBar

I agree with the “birthers” that there is something fishy going on with BHO’s birth and birth certificate, and school transcripts, etc.

However, I agree with everyone else that Orly Taitz is possibly nuts and at very least is not the right person to be taking this on.


13 posted on 09/17/2009 12:19:08 PM PDT by VC42
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To: Drew68

Damn balsy!!


14 posted on 09/17/2009 12:20:47 PM PDT by Danae (No political party should pick candidates. That is the voter's job.)
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To: Drew68
He has violated my client's civil rights by denying her a trial by jury

Earth to Orly: you sued for an injunction. Cases seeking injunctions are, by definition, equitable, not legal, and therefore are tried to a judge, not to a jury. I learned that in the first year of law school. Didn't you?

15 posted on 09/17/2009 12:22:11 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: VC42

I have expressed before (and took heat for the opinion) that while I admire Orly Taitz’s tenacity, I think her courtroom antics and unprofessionalism could be a serious detriment to the birther cause.


16 posted on 09/17/2009 12:23:14 PM PDT by SpaceBar
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To: SpaceBar

I think her courtroom antics and unprofessionalism could be a serious detriment to the birther cause.


Quit thinking......

Just believe


17 posted on 09/17/2009 12:25:43 PM PDT by deport
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To: SpaceBar
I have expressed before (and took heat for the opinion) that while I admire Orly Taitz’s tenacity, I think her courtroom antics and unprofessionalism could be a serious detriment to the birther cause.

Ditto that.

18 posted on 09/17/2009 12:26:57 PM PDT by TChris (There is no freedom without the possibility of failure.)
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To: wintertime
When our legislative process has broken down, there must be some remedy.

In school they used to teach that the three branches of government provided a system of "checks and balances". In theory, this is good, but it never accounted for crooked judges and even more crooked members of Congress.

19 posted on 09/17/2009 12:29:06 PM PDT by The Sons of Liberty (FUBO - You Lie!!!)
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To: The Sons of Liberty

In theory, this is good, but it never accounted for crooked judges and even more crooked members of Congress.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

The Founding Father took note. There is another check and balance. It is called the Second Amendment.


20 posted on 09/17/2009 12:34:00 PM PDT by wintertime (People are not stupid! Good ideas win!)
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