Yesterday, Orly Taitz had a hearing in one of the many lawsuits she has pending in Courts around the country alleging that Barack Obama is not Constitutionally eligible to serve as President of the United States. In this case, Orly was trying to get a Default Judgment against the President despite the fact that she had not served him properly.
Here’s what happened according to an eyewitness in the Courtroom:
HERE IS THE REPORT I WAS GIVEN BY BB FROM WAVEYDAVEY, WHO ATTENDED THE HEARING:
* * * * * * *
WAVEY DAVEY’S REPORT OF THE MOTION TO SHOW CAUSE HEARING IN KEYES V OBAMA 7/12/09
AS DICTATED TO ME BY BB
I received a call from wavey davey who attended today’s hearing in the Central District of California. The outcome is not what we expected, but it is clear that the judge wants to position the case so that he can rule on the merits.
The judge had stern words for Orly a number of times, although he showed a lot of patience. She kept going off on her litany regarding the hundreds of Social Security numbers, and the judge let her bather on for a while. She also repeatedly asked the Court, “Why are the United States attorneys here? They have no standing, they’re not allowed to be here,” and the Court corrected her on that.
She wanted to talk about the merits of the case and the court said, “Today is not about merits, it is about procedure.”
The court made clear, several times, that he wants this case to go forward on the merits but he did say that proper service had not been achieved on Obama. The U.S. Attorney’s office was represented by DeJute. At first Mr. DeJute said that he was not authorized to accept service on behalf of the United States but it was determined that the U.S. Attorney for the district could accept service and so the court ordered Orly and DeJute to confer and to march downstairs together to properly serve the United States Attorney.
Charles Lincoln* was present as a “law clerk.”
Wavey davey described him as “short, dumpy, early middle-age, balding.”
Orly continually argued with the judge. The judge responded, “I’m giving you a gift.” When she continued to want to argue the merits and that she had achieved service the judge said, “I think you must be deaf. You aren’t listening. You’re stubborn.”
The judge kept saying that he wanted “what gets this case into court on the merits.”
So what was agreed was that the service would be achieved on the United States Attorney, the United States would have 60 days to respond, and the United States many not ask for any extensions of time.
Orly still wasn’t even satisfied with this result and the judge kept saying, “If you want this expedited I’ll do this, but we need to get this resolved for once and all.”
At one point then Orly said she wanted mediation. The judge’s response was, “What’s to mediate? Either Obama is president or he is not.”
At one point Orly started to read the motion that she filed today. The judge cut her off saying, “I can read.” He noted that he had worked all weekend and would have been available to read this had she filed it earlier. “I’ve seen it. It’s not relevant, you’re wasting your time reading it into the record.”
Waveydavey did note that, as expected, Orly exhibited that she really does not have the socialization skills of others in the legal community. He said it was rather funny, when she first came into the courtroom she was beaming at her Orlybots — there were a number of them there — he was the only Obamabot or Obot there — she had a huge bag stuffed full of things, as well as her purse, and she marched right up beyond the gate and sat down at counsel table.
The courtroom deputy to whom she had not entered her appearance, spoke to her and told her, “It’s not your turn. Go back to the gallery and sit down. Your case will be called,” and Orly was quite flustered because she obviously doesn’t know the custom of a docket call.
Waveydavey also described her as being very pushy and that the judge, on a number of occasions, cut her off. At one point he called for a recess saying, “You need to calm down.”
The judge, several times, indicated that he wants to be able to rule on the merits of the case stating, “This needs to be resolved. We need to get rid of all these doubts.”
Orly indicated that she intends to file a FOIA request. The Court said, “Go ahead, but it would be a waste of time. If we’re going to hear this on the merits there may be rulings, you know, regarding documents.”
END OF REPORT BY WAVEYDAVEY
BY BB: My own commentary is this is not the result we are hoping for today but my sense, and the sense of wavey davey, who was there, is that what the judge wants to do is to set this up so that he basically rules on the merits that Obama is eligible to be president and perhaps to shut down Orly’s lawsuits. Whether that will actually satisfy Orly and the birthers, I doubt.
The birther crowd, of course, is completely misunderstanding, or perhaps misrepresenting, the results of the hearing, as evidenced by both a post on Orly’s own blog, and a story over at World Net Daily that appears to be little more than an Orly Taitz press release. Even the L.A. Times picked up the story, although their report does tend to contradict Orly’s version of events.
Of course, reality and what the birther’s think (or say) happened don’t always converge, and it’s especially true in this case. Back in January, Orly filed a Complaint in this case alleging……well, whatever the heck she alleges your guess is as good as mine. Under the Federal Rules of Civil Procedure, she was required to serve Obama within 120 days of filing and she claims to have complied with that requirement by leaving the paperwork with a “male mail clerk” at the Dept. of Justice. After apparently ignoring repeated notifications by the Court that service was insufficient, the Court ordered Orly to show cause why the case should not be dismissed. Orly responded by asking the Court to enter a default against Obama. Which brings us to yesterday’s hearing.
FRCP 4(m) governs what happens if a Plaintiff fails to effect service within the time required:
If a defendant is not served within 120 days after the complaint is filed, the court — on motion or on its own after notice to the plaintiff — must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f) or 4(j)(1).
So, the worst that could’ve happened to Orly today is that the case would have been dismissed, without prejudice, meaning that she could’ve filed it again, something she clearly would have done.
Instead, the Judge made sure that service was effected so that the case was on track for him to actually make a substantive ruling.
And this is where Orly and the birthers either willfully misrepresent things or just don’t understand what the law is. Under federal law, a motion to dismiss for failure to state a claim under FRCP 12(b)(6) is a ruling on the merits and that is exactly what we can expect to see happen here.
The DOJ has until September 11th to file a response and I’m sure they’ll wait as long as they can to file it. When they do, it will be a Motion to Dismiss and, you can be certain, it will be handled in the same manner that all the other birther cases have been.
July 14th, 2009 at 1:22 pm
Thanks, Doug, for the legal perspective.
Seems like a lot of the looney tooneys don’t realize that if you don’t play by court procedure rules, you lose automatically, and then they claim they were screwed out of their rights…
July 14th, 2009 at 6:13 pm
[...] Orly not following the rules; where have I heard that one before ? [...]
August 4th, 2009 at 1:57 pm
United We Stand — Divided We Fall
In the late summer of 2009 the United States population is divided into three groups as America teeters on the edge of falling into the abyss.
The first division (the largest) totally believes the person currently occupying the White House is a natural born citizen despite the fact that the current White House occupant and his supporters have not produced the proper credentials to prove he is a natural born citizen. These persons also dismiss out-of-hand without consideration or investigation any potential legitimate foreign birth certificates related to the person occupying the White House such as the document presented in the courts by Orly Taitz http://orlytaitzesq.com
The second division does not care where the current occupant of the White House was born and thinks he should remain President of the United States simply because he was “elected.” These persons also dismiss out-of-hand without consideration or investigation any potential legitimate foreign birth certificates related to the person occupying the White House such as the document presented in the courts by Orly Taitz.
The third division (the smallest) demands that any person occupying the White House must prove they are a natural born citizen with the proper credentials. These persons also demand that if the current occupant of the White House cannot produce the proper credentials, the current occupant must resign immediately or be removed by the courts or legislature as soon as possible. These persons also demand a thorough investigation into any potential legitimate foreign birth certificates related to the person occupying the White House such as the document presented in the courts by Orly Taitz.
Reality Check: The United States Constitution has specific requirements for a person to be a U.S. Congressional Representative, Senator and President. The words and phrases in the U.S. Constitution regarding the requirements of electing Congressional Representatives, Senators and Presidents are the realities America has followed since the late 1700s. The U.S. Constitution became a full reality in1789.
What is the term used in psychiatry when a person or a group of individuals lose contact with a reality that has functioned and been followed for 220 years? The disconnected state is labeled psychosis. The specific definition of the word psychosis is:
“any severe mental disorder in which contact with reality [such as the U.S. Constitution] is lost or highly distorted.”
So how has America come to the point where two thirds of the citizenry and most of the corporate print and television news media have lost contact with the realities of the U.S. Constitution and live and function in a psychotic state? More bizarrely, why do the first and second division psychotics, label the third group as being racists, bigots or their favorite new buzz word “birthers” as if being a “birther” is a negative mental condition? Why do first and second division psychotics hurl their accusations as the current occupant of the White House cannot produce a real and certified U.S. birth document?
We need look no further than the persons who nurtured, supported and promoted the previous and current occupants of the White House for the answers to these questions. The current occupant’s first job was provided by Henry Kissinger and then he became a protégée of Zbigneiw Brzezinski. Kissinger and Brzezinski are both Senior Fellows of the Center for Strategic Studies at Jesuit Georgetown University and belong to numerous other elite groups. These two individuals and their organization are unabashed supporters of a One World Government and New World Order since the 1950s. These individuals and their organizations also inserted the previous occupant into the White House and they planned for and calculated there would be a back lash to the previous occupant’s power and policies.
They control their created problem (previous White House occupant) and they provide their created solution (current White House occupant) but the base policies do not change. True power is when one group controls both the problem and the solution. The hideous torture still goes on at Guantanamo and other secret prisons while 50,000 additional troops with deadly remote controlled air drones pound Afghanistan and other countries. Since 2001, a flood of legislative bills have been presented and passed by both Democrats and Republicans that erode or outright cancel the liberties and freedoms of all humans on Earth.
The previous occupant of the White House declared the U.S. Constitution was “just a god damn piece of paper.” However, divisions one and two as detailed above do not verbally berate the U.S. Constitution — they do one better (or worse) by condemning the U.S. Constitution with their disconnection from the realities set forth in that document related to the qualifications a person must have to be President of the United States. A citizen’s actions or passivity express their berating attitude and mental state far better than a politician’s words. Also a citizen’s actions or passivity are far more powerful and meaningful than a politician’s words.
At this critical juncture in American History, persons like Kissinger and Brzezinski and groups such as the Council on Foreign Relations and the Jesuit operated Center for Strategic Studies have placed a combination foreigner birthed, Manchurian Candidate and Pied Piper into the White House. And while Kissinger, Brzezinski and company promoted their current White House occupant as the solution to their previous White House occupant with the complicit corporate news media, millions of Americans lost contact with the realities of the U.S. Constitution and slipped into a whirlpool state of psychosis. When one provision of the U.S. Constitution is disregarded by the general public then the stage is set for an occupant of the White House to disregard and cancel other provisions related to the rights of free speech, religion, bear arms and self incrimination.
The current occupant of the White House claims he was a Constitutional lawyer therefore he should be very familiar with the requirements to be President of the United States as specifically stated in the U.S. Constitution. However, a Constitutional lawyer spends little time in the courtroom but must publish papers or his reputation and function as a Constitutional lawyer perishes. The current occupant of the White House has yet to produce one paper he or his staff wrote regarding the U.S. Constitution. But the current occupant of the White House admitted in the summer of 2009 that he sucks nicotine into his body by inhaling smoke from blazing tobacco sticks at least four or five times a day. Usually a person who declares they have a three to four a day cigarette habit, have in reality, a one to three pack a day smoker addiction.
If the birth document presented by Orly Taitz in the courts is real and genuine, then the current occupant of the White House knew he was not eligible to run for ANY federal public office. His actions rise to the highest level of fraud and he should be tried in a court of law for his alleged crime(s). But then before the 2008 election, most Americans knew as much about his foreign birth controversy as they did about his addiction to nicotine. In turn, the previous occupant of the White House should be tried for war crimes but the American public remains as passive and silent about that issue as they do about the current occupant of the White House being addicted to nicotine. Henry and Zbig are having a really good chuckle.
As Americans deal with so many issues, the very small minority of persons implementing the One World Government and New World Order have spun the U.S. citizenry into a splintered and confused mob. But this dispersed mob is not armed with pitchforks and bats in a righteous freedom revolution but meekly sits in front of high definition entertainment while cowering in fear of the created and illusionary fiscal, “terrorism” and health crisis situations. Our captors know…United We Stand — Divided We Fall — as they bury our liberties and freedoms to implement their New World Order in an avalanche of fabricated fear.
The reason why the names Bush and Obama have not be used in this article is because they are only symptoms of the problem. Had both George and Barack not been born, Henry and Zbig would have tapped others with the personalities, dynamics and results being the same.
Now is the time for all divisions of the U.S. populace to shed the fear and psychosis and boldly connect with the realities set forth by our forefathers in the documents titled the Declaration of Independence, the United States Constitution and the Bill of Rights.
United We Stand as the aware citizenry removes the occupants (Henry and Zbig’s boys and girls) in Washington D.C, all the state capitals and the corporate news media by only electing, listening to and working with dedicated persons who will thoroughly engage our reality into the foundations set forth in America during the late 1700s.
Brian David Andersen
A Non-Party Affiliated,
Free, Independent &
Very Proud “Birther”