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Judge Land Fines Orly Taitz $20K, File Copy of Order with State Bar of CA
United States District Court (Georgia) ^ | 10/13/2009 | Judge Clay Land

Posted on 10/13/2009 7:45:31 AM PDT by BuckeyeTexan

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To: mlo

Sorry mlo, but that simply is not a good read of the Judge’s text. He is clearly telling her the case is, in his opinion, frivolous because she should have known nobody would take it seriously and any reasonable judge would escape via abstention. This has everything to do with his clearly biased and shallow understanding of the “so-called birther movement,” as he so derisively puts it.

As for Orly’s basis for wanting the judge to recuse himself, he claims her sole motive was unhappiness with the judgment, but he spent considerable time dismissing her arguments and actions as politically rather than legally motivated. In other words, he was seeing all her actions through the lens of a strong political bias. That gets right down to why recusal is available in the first place. There comes a time when you know the other person is not really hearing anything you are saying. There needs to be a way around that. If Judge Land’s factual observations are correct concerning section 144 criteria for recusal, then Orly did make a number of technical errors, but those in themselves would not be sufficient to warrant such a strong punitive act. Lawyers make mistakes all the time. If the case is amicable, all is forgiven. Seriously. But a 20K stinger comes from another place.

And Judge Land’s observations concerning expedited decision-making is such good spin. “Decision-making is better when there’s less time and more pressure, so I’m right to be giving you the bum’s rush.” Huh? Why? Because some other judge made a nice quote out of it. Not because this or any other court has actually done a scientific analysis of the relationship between perceived urgency and the quality of decision-making. I used to work for a nuke outfit. Those guys did the homework. The Judge, with all due respect, is flat wrong on this one. Urgency is a key factor in Degrading the quality of decisions, with rare exception, because it bites to be human. Would we were all machines, but it isn’t so.

Finally, I do not get how the judge can make the assertion that even if Obama is not rightfully the Commander in Chief, a soldier’s constitutional rights are not infringed by compulsory obedience to a potential imposter. That is just insane. Sorry. That’s how I see it. There is no constitutionally explicit “right to disobey” the person immediately above you in the chain of command, other than your oath of faithfulness to uphold and defend the US Constitution! If you believe the person giving the command is illegitimate under the terms of the Constitution, of course you have, not only the right, but the duty under that oath to challenge those orders. Otherwise we get right back to Nuremburg, “I was just following orders.” American freedom works because individual citizens bring their own mind and resources to the table and pool them for the good of the nation without surrendering the right to think for themselves. That’s where all the creativity, the power for self-correction comes from. It’s a good thing. The judge is simply wrong here.


581 posted on 10/13/2009 1:57:19 PM PDT by Springfield Reformer
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To: BuckeyeTexan
I'm troubled by the way in which the judge factors in Orly's political motivation as a basis for decision. Either the suit is legally viable or it is not. By using the phrase "birther movement" with the quotes, he is suggesting the fringe kookiness of it as a further way of building support for his conclusions.

Then there's the second sentence, with its particular sneering tone: She seeks to use the Court's power to compel discovery in her efforts to force the President to produce a "birth certificate" that is satisfactory to herself and her followers.

Let me re-articulate this in a way that would have been fair: "She seeks to establish whether the President of the United States was qualified to run for the office and whether he is qualified to hold it. I ruled her suit was without merit because...."

582 posted on 10/13/2009 1:57:21 PM PDT by JewishRighter
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To: IntolerantOfTreason

Even if I did believe her, I wouldn’t donate because I hate hate HATE pretentious, insecure lawyers who style themselves “esquire.”


583 posted on 10/13/2009 1:57:50 PM PDT by Xenalyte (Yes, Chef!)
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To: Springfield Reformer

Thank you for your informational post, and for
backing it up by revealing you are an attorney,
with therefore some educational and experiential
knowledge of the judicial process.


584 posted on 10/13/2009 1:58:22 PM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
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To: LorenC

None of those candidates have had a NBC problem. Our Founding Fathers could never vision an illegal alien and an usurper with foreign allegiance would try to fool the American people. That is why they created the grandfather clause. They would NOT have anyone with British ties to be the United States’ President under any circumstances!!!


585 posted on 10/13/2009 1:58:44 PM PDT by danamco
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To: pissant
Who says it’s genuine? The marxists at Factcheck don’t get to vet the candidates now, do they?

About as 'genuine' as a shined turd called a work of art.

586 posted on 10/13/2009 1:59:11 PM PDT by Red Steel
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To: Non-Sequitur; pissant; BuckeyeTexan
And you Birthers are a hoot, too. You complain that Obama is violating the law, and can provide no law other than you opinion that he has violated. You whine that he hasn't proven his natural-born citizenship, but the fact of the matter is he just hasn't proven it to your satisfaction.

Well he hasn't proven it to the leader of your ping list faction either:

Yes, correct. Obama is not a natural born citizen for that very reason, IMO.... 79 posted on Tuesday, October 13, 2009 9:37:51 AM by BuckeyeTexan (Integrity, Character, Leadership, and Loyalty matter - Be an example, no matter the cost.)

You need to learn by example -- or get off that list quickly.

587 posted on 10/13/2009 1:59:32 PM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: Uncle Chip

I appreciate your intellectual honesty. You probably shouldn’t defend me though - it’ll get you in trouble with your group.

It surprises me that you haven’t heard me say that before. It’s been my position for a year or more. Most in my “new group” disagree with me about the NBC definition. So don’t expect any converts. :)


588 posted on 10/13/2009 2:03:02 PM PDT by BuckeyeTexan (Integrity, Character, Leadership, and Loyalty matter - Be an example, no matter the cost.)
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To: Red Steel
My post 484 slam dunked you. So again, your allusion or delusions or illusions that Palin was likely born in Canada. Answer: zilch. As you see, there's plenty of evidence that Obama is not NBC.

So to reiterate, the evidence you present that Obama was born in Kenya is:

- A Swahili-translated telephone conversation from October 2008 with Obama's step-grandmother, where she said that she was "present" for Obama's birth, before stating in her next comment (and several minutes of subsequent comments) that he was born in Hawaii, not Kenya.
- A morning-show radio call from November 2008 to a Kenyan official who may have never met Obama and has no reason to know where Obama was born.
- Some ambiguous parliament floor comments from November 2008 made by Kenyan legislators who have never met Obama and have no reason to know where Obama was born.

In other words, after a year and a half of people suggesting that Obama was born in Kenya, and searching for evidence to support that suggestion that he was born in Kenya, that's what you have? A couple of comments from unknowledgeable third parties and a mistake from his grandma? One set of ambiguous comments and two statements from non-native English speakers who were asked leading questions over the phone? And nothing that could have actually instigated the rumors in the first place, or carried them for the first six months of their circulation?

The fact that that's ALL there is after a year and a half of talk is only further evidence that the rumors are, and always were, unsubstantiated.

Oh, really?? Then it's way past time to challenge Nader on his citizenship status.

The point of mentioning Nader is this: if no one, anywhere, accused Nader of not being a natural born citizen in 1996, or 2000, or 2004 because of his parents' citizenship, then it rather strongly suggests that there is not and never has been a parental citizenship requirement to be an American natural born citizen for the purpose of the Presidency. The 'two citizen parent'/'no dual citizenship at birth' definitions (which aren't synonymous, even though people tend to talk like they are) were practically created in summer 2008 to advance the theory that Obama was ineligible.

589 posted on 10/13/2009 2:03:34 PM PDT by LorenC
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To: Eaker; Vendome
First time he ever hit anything with a handgun!

I'm better with "stick".

I'm pretty good at "stick".

590 posted on 10/13/2009 2:04:25 PM PDT by humblegunner
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To: curiosity
I know of no other president who made any of the above public.

They never had to, the Press was more than happy to dig up these items, sadly no one seems to do that anymore, unless they are trying to discredit a Republican.

591 posted on 10/13/2009 2:04:39 PM PDT by itsahoot (Each generation takes to excess, what the previous generation accepted in moderation.)
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To: mlo

I was going to say supporting and defending the constitution by oath of office, but nufsed beat me to it.


592 posted on 10/13/2009 2:06:45 PM PDT by Freedom2specul8 (I am Jim Thompson............................Please pray for our troops....)
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To: Red Steel; pissant; All
You notice that many trolls claim to be lawyers here defending Obama?

Yep -- the paid schills are here just as they've been all along.

The Obama troll's loyalty is not to the Truth.

POTUS Obama troll

593 posted on 10/13/2009 2:06:55 PM PDT by BP2 (I think, therefore I'm a conservative)
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To: BP2

I guess one could call that judicial temperament ... ;)


594 posted on 10/13/2009 2:07:03 PM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
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To: Springfield Reformer
Finally, I do not get how the judge can make the assertion that even if Obama is not rightfully the Commander in Chief, a soldier’s constitutional rights are not infringed by compulsory obedience to a potential imposter. That is just insane. Sorry. That’s how I see it. There is no constitutionally explicit “right to disobey” the person immediately above you in the chain of command, other than your oath of faithfulness to uphold and defend the US Constitution! If you believe the person giving the command is illegitimate under the terms of the Constitution, of course you have, not only the right, but the duty under that oath to challenge those orders. Otherwise we get right back to Nuremburg, “I was just following orders.” American freedom works because individual citizens bring their own mind and resources to the table and pool them for the good of the nation without surrendering the right to think for themselves. That’s where all the creativity, the power for self-correction comes from. It’s a good thing. The judge is simply wrong here.

No one here could have said it better --

595 posted on 10/13/2009 2:07:46 PM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: Red Steel

Yeah, and I’m scrounging aspirins out of the couch cushions. Well, it looks like the deficit is going down by $20,000 at least. If Orly keeps it up, we may have a balanced budget. BTW, did you read the decision?

parsy, who read all 43 pages


596 posted on 10/13/2009 2:10:19 PM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: BP2

I still have my daughter’s troll collection packed away somewhere. Now it’s taken on a whole new meaning. LOL I prefer to call them “the nonvetters”.. :) therefore, the troll dolls won’t be tainted.


597 posted on 10/13/2009 2:10:53 PM PDT by Freedom2specul8 (I am Jim Thompson............................Please pray for our troops....)
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To: pissant

Just start with the word “certificate” and go from there.


Oh please.
If you want to hang your hat on “certification” versus “certificate,” then be my guest.


598 posted on 10/13/2009 2:11:11 PM PDT by jamese777
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To: Non-Sequitur
Then you might want to consider never running for the presidency rather than open up THAT can of worms.

Don't you know it. I'm also not sure I can prove where my mom lived for the months before I was born, or if I could figure out the names of the nurses who delivered me.

I do have my baptismal certificate, some kindergarten records, and probably my parents' marriage license and some childhood vaccination records, but I can't say it's anybody's business to see any of those if I'm running for office.

And I say that, incidentally, as pretty much the only person in this thread who's posting under his real name and not an online handle. I'm plenty big on transparency, but some stuff is nobody's business, even if you are running for office.

599 posted on 10/13/2009 2:11:37 PM PDT by LorenC
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To: Mr. Blonde
Got an explicit ruling on what Natural Born Citizen means?

Not yet, the issue has never come up before, so why would be expect there to have been one. However, we will never get one if we take the tact that we shouldn't try.

600 posted on 10/13/2009 2:11:37 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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