Dr. Orly Taitz, Esquire, filed more responses, motions, and an amended complaint yesterday in her lawsuit seeking to remove President Obama from the ballot in Mississippi. The Secretary of State and Mississippi Democratic Party are defendants. Dr. Taitz, contends the President is using a forged social security number and is not an American citizen. She filed suit against the Democratic Party and Secretary of State on February 14, 2012 in Hinds County Circuit Court. However, the five petitions and responses she filed yesterday were not signed by Dr. Taitz and are probably invalid under Rule 11 of the Mississippi Rules of Civil Procedure.
Rule 11 of the Mississippi Rules of Civil Procedure states:
"(a)Signature Required. Every pleading or motion of a party represented by an attorney shall be signed by at least one attorney of record in that attorney’s individual name, whose address shall be stated. A party who is not represented by an attorney shall sign that party’s pleading or motion and state the party’s address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit."
Dr. Taitz mailed the following documents to the Hinds County Circuit Clerk. They were received and filed on April 19, 2012 (The stack of documents in the picture are all that were filed yesterday by Dr. Taitz.). Since they cover different subjects, each document is listed and discussed separately.
1. Emergency Motion/Petition for a Mississippi Subpoena to Support California Subpoena. Dr. Taitz described herself as a "pro se plaintiff" and a "licensed attorney in California". She said since the defendants filed answers, the suit is now in discovery phase. Dr. Taitz wants to serve two witnesses with California subpoenas. The witnesses allegedly have evidence the President does not have "valid identification "papers". The petition is not signed. (pages 1-9 of documents posted below).
2.Opposition to Motion in Limine. The Mississippi Democratic Party filed a motion in limine on March 22 (Pages 11-14 below). The motion sought to cross-examine Dr. Taitz to determine whether she was "economically" induced (in other words paid) to file the lawsuit. The motion cited the bar against the practice of champerty in Mississippi.
Dr. Taitz responded to this motion in pretty strong language. She said the "motion in itself is a sign of an unprecedented level of corruption, total lack of integrity, human decency, and any values by the defendants and their attorney, Mr. Samuel Begley". Dr. Taitz then stated she "is acting as a decent human being (a concept which is obviously foreign to the defendant and Mr. Begley.). Dr. Taitz then argues even if someone is helping her with donations, "it still does not change the essence of the case." She does not once mention the statute about champerty in her response nor does she cite any case law referring to champerty. She cites no law to refute the motion. This response was not signed by anyone. Earlier post on motion in limine
3. Response to Letter by Samuel Begley demanding to waive for attorney Scott J. Tepper the requirement to disclose publicly his address in his pro hac vice application (Pages 15-19) Mr. Tepper is a California attorney who has fought similar lawsuits filed by Dr. Taitz around the country. Mr. Begley asked the court to allow Mr. Tepper to associate with him in representing the Mississippi Democratic Party. The court approved the request. However, Mr. Begley asked the court to waive the requirement Mr. Tepper include his address in the application. The Jackson attorney stated Mr. Tepper would provide his residential address to the court but in private. Mr. Begley claimed in a letter to Judge Coleman
"Mr. Tepper's residential address was intentionally omitted from the verified application on the reasonable belief that, if made publically availabel, the address would in turn be published on the internet by the "birther community" following this case. As evidenced by the Plaintiff's website, www.orleytaitzesq.com, the Plaintiff frequently publishes the names, addresses, phone numbers, and other personal information of persons involved in or associated with litigation she has filed. Moreover, the Plaintiff frequently posts requests on her website instructing her supporters to flood the published address or email with a particular message. I have enclosed two examples for your review." Copy of letter and examples
Dr. Taitz stated "Mr. Tepper was no gentleman and viciously attacked and defamed attorney Orly Taitz for bringing to court evidence of Barak Obama using a forged birth certificate and a stolen Social Security number." She calls him an "imaginary blue blood" and says his "comrades commissioned a painter to pain inappropriate pornographic nude paintings of Ory Taitz and posted them all over the internet, in the local papers, and sent them to her three children." She claims her privacy was "invaded" and she was "viciously slandered and attacked." This is all in the first two paragraphs. She refers to President Obama as a criminal who is able to stay in office "with the help of corrupt bureaucrats, attorneys, and some judges." She says that disqualifies Mr. Tepper from representing the Mississippi Democratic Party: "Teppers involvement makes him a potential defendant to be added in the first amended complaint and as such he also has a conflict of interest with the client he intends to represent and cannot be their attorney."
Could any attorney represent a defendant in a Taitz lawsuit if she started alleging the attorney was part of some wide-spread conspiracy to keep Obama in office? It is interesting Dr. Taitz does not state anywhere in her response she will not do to Mr. Tepper what Mr. Begley has accused her of doing to others. This response was not signed by anyone.
4. Opposition to Motion to Dismiss by the Defendant Democratic Party of Mississippi. Opposition to Motion for Sanctions. Motion for Sanctions against the Democratic Party of Mississippi. Motion for leave to file amended complaint. The documents are posted below. The MDP filed a motion to dismiss and stated in the first paragraph the President is a natural-born citizen of Hawaii. Dr. Taitz says just because they "say it is so" doesn't make it so so she asserts it was never proved. The MDP also said Dr. Taitz had no standing to file suit as she is a resident of California. Dr. Taitz cites sections 23-15-952 and 961 of the Mississippi Code in claiming they do not require the plaintiff to be a "qualified elector in Mississippi." Part 1 of this set of motions, Part 2
The Mississippi Democratic Party filed a motion for sanctions against Dr. Taitz. The response calls the motion "completely frivolous." She claims the "recent findings of Sheriff Joe Arpaio of Maricopa County, Arizona" fully vindicate her. Dr. Taitz then for some reason starts accusing a federal judge in Georgia of trying to intimidate her. Just to make sure you get the idea it didn't work, Dr. Taitz states "Judge Land did not succeed in intimidating Taitz". Dr. Taitz then takes it upon herself to post the judge's social security number.
The motion for sanctions against the Democratic Party is pretty short and um, sweet. It states the MDP received a complaint from Dr. Taitz. The complaint said the President is using a forged birth certificate, a stolen social security number, and a name that is not his own. The Democratic Party "defrauded" the voters by not removing his name from the list of candidates. It filed a "frivolous motion" against Dr. Taitz and is "harassing" her and trying to "intimidate" her by asking for sanctions. Dr. Taitz then asks the court for permission to file an amended complaint. After she already filed one.
Once again, none of these documents were signed by Dr. Taitz or anyone. Looks like all that work might be for nothing.
Other documents filed:
Answer of Secretary of State
Answer of Mississippi Democratic Party
Earlier posts:
The Birthers are coming, the Birthers are coming
The Birther Briar Patch gets more tangled
Birther lawsuit update
Friday, April 20, 2012
"Birther Queen" says Sam Begley lacks any "human decency" BUT does not sign anything.
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17 comments:
Almost better than a soap opera. I'm thankful I'm not the Judge having to sort this mess out.
King, I think you are correct--an unsigned pleading is not only a nullity, trying to file one could open yourself to sanctions beyond even the content.
That being said, it's a curious (and possibly inadvertent) failure. While the good dentist may not be one of us, she certainly knows to sign her pleadings (as you know, Rule 11, or versions of it, is fairly universal in federal and state courts).
The woman needs psychiatric help.
If you or anyone you know doesn't understand that this woman is irrational and delusional, please seek mental health care immediately before you or they become a risk to yourself or others.
This isnt' about politics , it's about sanity.
WARNING: If you go to Tait'z site, Do NOT, repeat, Do NOT use Internet Explorer. malware infected. Chrome, Safari, and Firefox as well as Opera will block it but don't use IE.
David, I think you are correct on the law, but if the woman thinks Obama was born in Kenya, she may well think she can outsmart Rule 11 by just not signing anything.
I'm confident she also has strong views on the validity vel non of the 16th Amendment.
Pro se plaintiffs are THE BEST.
There's no doubt that Obama is an empty suit but I don't have any hope of his being beaten by Romney (who I am going to vote for). Personally, I believe Obama was born on the planet Pluto and dropped off here by a group of Plutonians who were so embarrassed by him they promptly resigned from "planet" status.
Maybe next, Taitz will file suit vs. NASA for violating the 5th Amendment's Takings Clause by depriving Pluto of its planetary status.
At least then she might have standing.
Sam Begley. What a class act.
Its like the writ writers at Parchman got WordPerfect and a printer. It's embarrassing that she has a law degree.
unbelievably insanely bad. will take the judge 5 minutes to toss even w sam opposing.
With as many leftists as there are ginning up fabrications of his imaginary accomplishments, what's wrong with one more nut on the other side to gin up equal nonsense? Don't we deserve a level playing field?
Lil Sammy B,
I hadn't thought about him since Dale Danks days.
I assumed he would have become a capitalist by now.
Guess not.
If the Birth Cert is fake why is it taking so long for anything to happen? Should his ability to make any legal decisions be suspended until everything is proven? How can the Dem party even try to get him re-elected if there is a question that he should not have been elected in the first place?
I guess if it were not for dead issues, some people would have nothing else to do.
Timmy... There's no question by anyone with an IQ higher than a grape.
9:26am I wish that were true. It should be. But, I've heard people with post graduate degrees spout this nonsense.
People believe what they want to believe, no matter how far fetched and will avoid any facts that might disabuse them of such nonsense.
They will believe what someone they know and like, regardless of how misinformed that person may be.
They will grasp at straw to hold tightly to a myth they want to be true.
They will listen to and read only those things that reinforce what they already believe.
And, there are those who cannot admit they were misled or just wrong to start.
This Taitz person would have to face that she has wasted a good part of her life and much money foolishly. She's extreme and is obviously beginning to unravel, but there are degrees of dysfunction.
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