Posted on 09/19/2009 11:29:41 AM PDT by jamese777
Army Capt. Connie Rhodes, who filed a complaint Sept. 4 in U.S. District Court that sought to stop her deployment to Iraq by arguing that President Barack Obama can’t legitimately hold office, says in a Friday letter that she never authorized her attorney to appeal a Wednesday ruling against her.
Additionally, Judge Clay Land – who denied Rhodes’ request and threatened sanctions against her lawyer, Orly Taitz, a national figure in the “birther” movement – states that Taitz has two weeks from Friday to explain why he shouldn’t impose a $10,000 penalty against the California lawyer.
Both Land’s order and Rhodes’ letter came on the heels of a Thursday request from the captain that Land reconsider his Wednesday order against her. In that order, Land called Rhodes’ Sept. 4 complaint “frivolous,” and says Taitz could face sanctions if she ever again filed in his court a similar frivolous action. In her Friday letter, Rhodes states that she never told Taitz to file for a reconsideration, and that she intends to formally complain about her attorney.
“I became aware on last night’s local news cast that a motion to stay my deployment had been entered on my behalf,” Rhodes’ Friday to Land states. “I did not authorize this motion to be filed.
“Furthermore, I do not wish for Ms. Taitz to file any future motions or represent me in any way in this court. It is my plan to file a complaint with the California State Bar due to her reprehensible and unprofessional actions,” Rhodes states.
Rhodes says she is currently deploying to Iraq, and that it’s evident her initial complaint was “full of political conjecture, which was not my interest. I had no intention of refusing orders nor will I. I simply wanted to verify the lawfulness of my orders.”
(Excerpt) Read more at ledger-enquirer.com ...
Did Capt. Rhodes request her legal files from Dr. Taitz or did she blindside Dr. Taitz?
Not over THIS supposed letter, no. Rather, it was over her filing a motion to vacate his previous decision.
Frankly, Leo appears to have jumped the shark on this and be grandstanding and showing off his legal smarts.
I'm not a lawyer, but I played one for five years during a custody dispute (I actually got my ex-wife’s lawyer sanctioned by the judge for frivolously charging me with criminal nonpayment of chld support...on the way to being hit with $40,000 of my ex-wife’s legal fees as a pro se in the custody trial...don't try this at home). My impression is that Leo's proposal for pre-MTD discovery has zero chance of being ordered by Nakazato and even if ordered couldn't be completed before the Oct. 5 hearing on MTD.
OK. I thought the issue was that she was acting without her client’s authorization, not the mere fact that she filed a motion to vacate. Could she be sanctioned just because the judge is annoyed with her? Weird.
Is this over zealous lawyer or efforts to discredit lawyer? Isn’t Orly Taz (?) the lawyer on this?
how long before Taitz gets sued for Malpractice.
Do you have any credible evidence that the letter was a forgery? Where is this accusation coming from?
His legal smarts evidently weren’t smart enough to know you don’t send interrogatories to Congress in this case..and evidently his smarts don’t tell him that the fact that Obama Sr was a bigamist is germaine to the British citizenship issue.
Go to the bottom in Conclusion section of this order for the Judge’s threat. Orly has 14 days to respond and who know what the judge may or will do.
http://media.ledger-enquirer.com/smedia/2009/09/19/11/land_rebuke.source.prod_affiliate.70.pdf
We just announced were not going to install a missile shield in eastern Europe. Who's to say Putin's not president already?
I reply again...
Even more interesting. If you look at where this fax was sent from, Office Max, at 1:58PM (the date she shipped out to Iraq), Using White Pages, reverse look-up of the phone number 706-563-3441, it is shown to be a landline, does not specify a business, and in located in Columbus, GA. Now she was leaving that day from Fort Gordon, GA. Google maps says that location is 245 miles away from Fort Gordon, Ga.
1. How can she travel that far from the base on a day she will deploy. Most orders require you on base and ready to go 24 hours in advance of a flight.
2. Why would she fax this from a location so far away on the day she would deploy, when fax machines are on base.
3. When would she decide to write this note, as she was dissappointed by the ruling, and standard procedure is to appeal a decision. Certainly this was discussed. IF she did not want to appeal, doesn’t it make sense that this letter would go to Orly Taitz? and not the Judge?
4. There is no mention that she contacted Orly Taitz to stop the filing, only to the judge...sound fishy?
5. Finally, I find it interesting that we have not heard from the Captain as she said she would contact the California Bar and file a complaint. so far, no complaint.
and most telling of all, is that she is, for now, incommunicado, more than likely traveling to her duty station.
To the protagonist:
What better way to throw a monkeywrench into the works, than to float a fake, it does not matter if its real or not, perception fuels those who do not want her to succeed, and if its not real and the Captain knows nothing about it, the damage is done.
To them, the worst thing that can happen is for everybody to take a wait and see attitude over this.
As has already been shown, the court clerk sent back the order as it apparently was filled out incorrectly. So how could the judge “Apparently” presume a $10K fine, if no such paperwork has been entered into the court???
Facts are Facts, but PERCEPTION is reality...remember that.
they have...
See my proposed scenario over here.
http://www.freerepublic.com/focus/bloggers/2343741/posts?page=1#24
Office Max
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3201 Macon Road, # 275, Columbus, GA 31906 zip code
Click here for Office Max Website
PhonePhone |More Info | Map it
(706) 563-5284
(706) 563-3441 (fax)
Now not sure why she’d be that far from Fort Gordon is that was her deployment site.
Judge Carter had nothing to do with this. It appears that case law requires DOJ’s motion to limit discovery regarding a motion to dismiss (MTD) must include language that allows limited discovery by Orly's plaintiffs that is only in direct support of establishing “standing” needed by plaintiffs to defeat the MTD.
Leo claims that DOJ screwed up when they specifically referenced the congressional vote to certify the electoral college vote in their motion, and mere mention of this event in support of Obama’s de facto current status as president has opened an opportunity for Orly to do discovery on whether objections were properly allowed before that vote was certified.
Leo repeatedly states in the comments that Orly's case has no hope of even surviving the MTD on Oct 5, and that it won't survive an appeal even if Carter rules for Orly's plaintiff(s). Leo only suggests that prior to that MTD hearing there is an opportunity for Orly to request Magistrate Nakazato to order limited discovery.
I think it is fairly obvious that if such a discovery request was granted by Nakazato, it would be appealed and at the least, the Oct. 5 MDT hearing would be delayed. October 5 is also the day that broad discovery for the whole trial will be ordered if the MTD is denied, and I doubt Orly will want to risk that to go on Leo's wild goose chase, intellectually stimulating though that might be.
But hey, I'm not a lawyer so your mileage may vary...
Thanks, It verifies that she indeed was in Columbus, GA, 245 miles away from her flight “that day”, Fort Gordon, GA was where her flight left from, and she is not currently confirming this, also the signature, is underlined in Pen, yet typed otherwise, and is crooked. If this has skewed in the fax machine, you would see the edges of the paper, which are not evident if it was a roller system.
Office Max offers flat panel reading for single page fax as well, but this usually shows background unless another clean sheet is put in back while faxing. Also not evident.
It looks like someone made a fake. And took the signature from another signed document available on the internet, and simply underlined her name. Note the darker line than the darkness of the signature. I think its a fake.
Evidently the court clerk refused Taitz refiling for clerical errors as well, so the reports of a 10K fine was probably bogus as well, probably assumed because of the Hemenway Sanction...we will see...
He gave her 14 days to respond and noted he may impose a fine.
http://media.ledger-enquirer.com/smedia/2009/09/19/11/land_rebuke.source.prod_affiliate.70.pdf
CONCLUSION
The Court finds Plaintiff’s Motion for Stay of Deployment (Doc.
15) to be frivolous. Therefore, it is denied. The Court notifies
Plaintiff’s counsel, Orly Taitz, that it is contemplating a monetary
penalty of $10,000.00 to be imposed upon her, as a sanction for her misconduct. Ms. Taitz shall file her response within fourteen days
of today’s order showing why this sanction should not be imposed.
IT IS SO ORDERED, this 18th day of September, 2009.
S/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE
Wasn’t she supposed to be in Fort Benning, GA which is only a few miles 15 or so from Columbus? Where are you getting Fort Gordon? I understood her unit was to be at Fort Benning for deployment.
Leo's claim to fame is the issue of Obama’s claimed dual citizenship at birth. There would be no dual citizenship under my understanding of the BNA of 1948 if Obama’s parents either were never legally married in HI or if that marriage could be legally proved to be bigamous.
So to protect his own interest and narrow focus on his blog, Leo has walled off discussion of Obama’s legitimacy (he told me it is a smear to question it) or even to suggest that Obama Sr’s prior “tribal” marriage would indicate bigamy.
Leo says Obama’s agents stipulated Obama’s dual citizenship “against interest” (unforced error), so we should just hit him over the head with it, unless he tries to deny it.
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