SANTA ANA -- A Rancho Santa Margarita-based attorney leading the so- called "birther movement," which seeks to prove President Barack Obama was not born in the United States, was sanctioned Tuesday by a federal judge who ordered her to pay a $20,000 fine for "frivolous" legal attempts to keep her case alive in his Georgia courtroom.
U.S. District Court Judge Clay Land of the Middle District of Georgia in a ruling handed down Tuesday consistently mocked Orly Taitz's legal actions in his courtroom and angrily denied her claims that he is biased.
As she has done in other lawsuits throughout the country, including in Orange County and in Texas, Taitz represented an Army reservist who challenged his deployment to Afghanistan, claiming Obama was not born in the United States and is, therefore, ineligible to be commander in chief.
Taitz has made the same legal argument in Orange County in a case before U.S. District Court Judge David O. Carter. Carter is considering the U.S. Justice Department's motion to dismiss Taitz's case. Taitz's goal is to have Obama unseated and for another presidential election to be held.
In Judge Land's court, Taitz first represented Army reservist Major Stefan Frederick Cook, but that case became moot when the Army revoked his deployment orders. Still, Taitz pressed the case despite Land dismissing it in July.
"Her actions confirmed that counsel's focus was not to obtain legal relief on behalf of Major Cook; rather, the objective was to maintain a legal action in federal court in hopes of having a federal judge permit discovery that would require the President of the United States to produce a `birth certificate' that was satisfactory to counsel and her followers," Land wrote in his ruling.
Taitz tried again in August when she represented Capt. Connie Rhodes, a physician who similarly fought her assignment to Iraq. That case was booted out of the Texas court, but since Rhodes had to stop at Fort Benning, Ga., Taitz filed the case in federal Georgia court, again landing in Judge Land's courtroom. Land said he rescheduled a trial to squeeze in an emergency hearing on Taitz's request for an injunction, but he dismissed it because he found her claims speculative and did not think it legally proper for the courts to interfere in military affairs.
Land threatened to sanction Taitz if she refiled her lawsuit. The next day she filed a motion to reconsider and continued to pursue her case even after Rhodes fired her, according to Land.
"Counsel used the motion for reconsideration as a platform to repeat her political diatribe against the President, to accuse (Judge Land) of treason," and to maintain the federal courts are subject to "political pressure," Land wrote.
"This is obviously a biased judge who completely distorted each and every word in the proceedings," Taitz said. "He is clearly working as a puppet for the Obama regime."
Taitz said she did not have time to comment further as she said a producer of a news program was flying her to New York City for an interview tonight. She would not say which show it was, claiming she did not want to "jinx it." She feared if word got out the producers would be politically pressured to cancel her appearance. Taitz said that several TV show producers have been fired for political reasons for booking her.
Taitz also claimed Judge Carter has enough evidence to order a trial, but Carter has only set a tentative trial date and has halted the discovery process until he rules on the motion to dismiss.
Land ridiculed Taitz's claims that the judge met with U.S. Attorney General Eric Holder in a coffee shop as he considered Taitz's case, as well as her argument that he ruled against her because he has stock in Microsoft and Comcast.
Taitz filed an affidavit from Robert D. Douglas saying he saw someone who looked like Holder talking to Judge Land in a coffee shop across from the federal courthouse.
"As to whether the attorney general took time out of his busy schedule to visit an `obscure' `coffee shop' in Columbus, Ga., on July 16, 2009, the court cannot definitively say because the court was not there. What the court can say is that no reasonable attorney would rely upon this affidavit in support of a legal argument in a court of law," the judge wrote, noting that widespread news reports put Holder in Los Angeles that day anyway.
"Counsel's contention that (Judge Land) has a financial interest in this case is perhaps more preposterous than the phantom visit with the attorney general," Land wrote. "Furthermore, counsel's suggestion that if she were to succeed on her frivolous claim, and as a result the president were removed from office, that these two companies would suffer as a result is so speculative and ridiculous that it is not worthy of additional comment."
Land initially sought to fine Taitz $10,000 but, when she continued to defy him, he doubled it as a deterrent.
After Land's rulings against her, Taitz sought to have him removed, but Land also refused that motion saying she did not allege bias until after he ruled against her.
Land's ruling might be considered in the case before Carter. Justice Department attorneys in that case argued it is not proper for the courts to remove a president and that only the Electoral College and Congress have that authority. Land agreed with that argument in this ruling.
"Our founders provided opportunities for a president's qualifications to be tested, but they do not include direct involvement by the judiciary," Land wrote.
If a rogue candidate not qualified to be president slipped through then it's more proper for Congress to remove the president through impeachment, Land wrote.
Taitz's "wild accusations may be protected by the 1st Amendment when she makes them on her blog or in her press conferences, but the federal courts are reserved for hearing genuine legal disputes, not as a platform for political rhetoric and personal insults," Land wrote.
The facts are there that Barry Soetoro is alias Obama.If he is ,but he is not a U.S.citezen,prove it by producing your birth certificate.He was born in Kenya,raised in Indonesia.
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Matt said on Wednesday, Dec 30 at 12:57 AM
"This is very simple. If Obama has the necessary documentation trot it out and stop all this."
Excellent point. If you were shown Obama's birth certificate by Obama himself, you would thank him politely and move on with the rest of your life. You certainly wouldn't come up with a new conspiracy theory and demand that he disprove it.
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Dave said on Friday, Oct 23 at 10:42 PM
This is very simple. If Obama has the necessary documentation trot it out and stop all this. The fact that he is not doing so and is instead mounting every legal roadblock to prevent the citizens of the U.S. from inspecting his right to be our President only serves to make it look like he is hiding something and that he may not be constitutionally able to hold the office of President.
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Ernest said on Wednesday, Oct 21 at 11:57 PM
It is important to understand that NO Court has ruled that Obama has conclusively proven that he was born in Hawaii. It is also important to understand that NO Court has ruled that Obama is an Article II “natural born Citizen.”
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Captain Steve said on Thursday, Oct 15 at 9:20 PM
Does Barry act guilty?
If a driver happens upon a DWI road-stop, a normal honest sober person says sure and shows their license. Very simple. Issue over. But not Barry, he would get twenty attorneys, claim some manner of special privacy privilege, and resist every effort to get him to comply. More red-flags means that it’s more likely the party is hiding something. Obummer’s case would be like the driver smelled of alcohol, had empty beer-cans on the seat, and slurred speech.
Guilty!
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Mugabee Abusha said on Thursday, Oct 15 at 6:19 AM
I am from Keny and imo Obama is a fraud liar and not american, look at the way he looks, all the judges and federal judges who failed to protect your country should be investigated.
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Bernard said on Thursday, Oct 15 at 4:27 AM
"BHO is a full blown Kenyan, pure and simple." But the President is half-white. Does "full blown Kenyan" refer to some sort of racial characteristic?
As for the President spending $2M on these cases - where's the evidence? Hardly any opposition is needed to make the birthers' lawsuits crash and burn on their own, and some of the lawyers on Obama's side said they're doing it pro bono.
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MR TRUTH said on Wednesday, Oct 14 at 7:35 PM
All claims can be deemed mute by Obama simply allowing the release of his original birth records. Period...then it is over!
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majm said on Wednesday, Oct 14 at 6:08 PM
If you have an american citizen parent can't you claim american citizenship no matter where you are born?
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Frtiz said on Wednesday, Oct 14 at 3:39 PM
Where's the Birth Certficate?
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Marie Devine said on Wednesday, Oct 14 at 2:50 PM
Has not God chosen those things which are weak to confound those things which are mighty? That way God gets the credit.
Charges and evidences are at http://www.divine-way.com
When Congress fails its responsibility, the court must rule for the people or there is no freedom.
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Casey said on Wednesday, Oct 14 at 1:12 PM
I saw this woman last night on the Joy Behar show. I wonder if she knows that she comes off as a lunatic???
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RocketMan said on Wednesday, Oct 14 at 11:59 AM
A country full of fools will see sooner rather than later BHO is a full blown Kenyan, pure and simple. While he tries to dismantle this country the easly fooled watch him recive The Heisman Trophy for watching a college football game on TV, Idiots.
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Desert JIM said on Wednesday, Oct 14 at 11:56 AM
Hussein Obama is a FRAUD and if , thats IF , he was actually a fully naturalized citizen he would have no reason to spend amost $2,000,000.00 dollard to HIDE his documents, Con on FOOLS he IS Hiding the truth. Prove all of wrong and bring the papers to the NATION.
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DadBode said on Wednesday, Oct 14 at 10:13 AM
He was elected. He will be there through 2012. Get over it already!
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Susan said on Wednesday, Oct 14 at 9:39 AM
Once again you can see how our "annointed" one is using strong arm tactics and bribery to maintain his illegal status.
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Steve said on Wednesday, Oct 14 at 9:22 AM
All who think Obama has something to hide say, "I do."
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Chilidog said on Wednesday, Oct 14 at 5:26 AM
Birthers are nuts. Jesus Christ himself could give them a 8mm home movie of Obama's birth in hawaii with Don Ho singing "tiny bubbles" in the background and they would still want more.
It's not about the birth certificate, it's about the birthers trying to undemine the president any way they can.
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Anthony said on Wednesday, Oct 14 at 5:25 AM
Wow. 1,2,3,4 birther comments.
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John said on Tuesday, Oct 13 at 11:16 PM
Obama should just scan his original birth certificate and post it online. This controversy is not good for the country in these uncertain times.
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Jack said on Tuesday, Oct 13 at 5:35 PM
It is more than interesting and relevant that Judge Land is a Bush 43 appointee and I don’t think the GOP would want known its complicity, and/or conspiracy with the Pelosi-Dems to enable the Usurper’s ‘Presidency’. On the other hand, Judge Carter is a Bill Clinton appointee and by Hillary’s TV comments over the weekend is planning on assuming the Congressionally-selected Presidency on Obama’s ejectment. (And by McCain’s TV comments over the weekend, it looks like ‘12 now to be Palin/Pawlenty v.
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Richard said on Tuesday, Oct 13 at 4:22 PM
Orly is kind of a nutty lady. To that, I would agree.
But to the issue she is pursuing, she dead on right.
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tom said on Tuesday, Oct 13 at 3:53 PM
Story full of gross inaccuracies. Try reading the opinion.
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