Land should have simply dismissed the case based on a absence of subject matter/improper venue and told her to go to the DC District to file a mandamus action.
He could have saved himself a lot of trouble.
I think Judge Carter is either going to dismiss that case based on improper venue grounds, but it would be very interesting if he did so only after allowing discovery and ordering production of Obama’s birth certificate.
If Obama is not a NBC, tat would pretty much force a judge in DC to grant a petition for a writ of mandamus even if that particular judge would have otherwise denied discovery. Once the horse is out of the barn, it would be too late to close the door.
He did dismiss it without sanctions, but warned her not to file frivolous pleadings in his court again. (This was actually the second case Orly had filed in his court on the Birth Certificate issue, and both were dismissed without sanctions.)
Orly then filed a motion for reconsideration which (a) she had no right to file, because her client had fired her in the interim, and (b) accused the judge of "treason" and made other sanctionable claims. The judge then ordered her to show cause why she shouldn't be sanctioned.
An apology by Orly would probably have done the trick at that point, but she then filed a ridiculous motion to disqualify the judge because he owned stock in Microsoft (so what?) and because someone who looked like Eric Holder was seen near the courthouse (even though Holder was in Los Angeles at the time). That is what finally got her sanctioned.
Read the judge's decision-- he lays it all out.