Sep 272012
 

Update 10/23: Indiana Ballot Challenge: 9/26/2012 Official Court Transcript

Further to GreatGrey’s observer reports (see below) on yesterday’s hearing in Indianapolis, we hear from A Legal Lohengrin:

I woke up late, as I had forgotten to set my alarm, and then proceeded to dawdle around reading PMs on The Fogbow until I was even later, so I didn’t arrive in town until 12:15, about 15 minutes after I had planned on arriving. Then I somehow managed to get lost on a walk from the parking garage to the City-County building, which happens to be a straight line on the same street. I met GreatGrey at the Subway catty-corner from the City-County Building on 200 E. Washington St., where we had a quick sandwich. Thanks for buying me a sandwich, GG. I cleverly left my iPhone in the restroom of the Subway, so after clearing security, had to go back and retrieve it.

I am glad that Sugar Magnolia was not there to do a fashion report, because my hair looks like it was cut with a buzz saw and I had terrible eyebrow dandruff.

I wore a black Brooks Brothers suit with a dark tie with small pink dots on it, a blue and white striped shirt with French cuffs, a “scales of Justice” tie clip, and unfashionable wire-frame glasses, which are all I have since I sat on my Ermenegildo Zegna black framed glasses.

I incorporate by reference Sugar Magnolia’s fashion report on Orly. She wore the same “black lawyer suit” she usually wears, and while her hair did not quite look as if styled by an egg beater this time, it somehow became more disheveled during the hearing, and was kind of a rat’s nest by the end of the hearing. Since there was no heavy wind in the courtroom, I assume that somehow, the crazy leaks out and disorders her hair.

At the defense table, from left to right as viewed from behind, were Senior Deputy Attorney General Kenneth L. Joel, and Deputy Attorneys General Kate Shelby and Jefferson Garn. Mr. Joel made no arguments during the hearing, but was representing DAGs Shelby and Garn. I believe his presence was partly for moral support, and partly to emphasize to Judge Reid how many man-hours and taxpayer dollars this frivolous lawsuit is wasting.

As a preliminary matter, I commend the manner in which DAGs Shelby and Garn conducted themselves at the hearing. They displayed professionalism and competence, and unlike many co-counsel, worked together very well and smoothly handed off argument to each other when one was more well-versed than another with a particular aspect of the case.

At the plaintiffs’ counsel table, again from left to right, were Orly and Black. Black seemed familiar with both Judge Reid and defense counsel, and they exchanged a few words in a seemingly cordial and collegial manner. There does not seem to be any animosity between Black and defense counsel. It seems to me that Black regularly practices before the Superior Court. Orly adding them as defendants for nothing more than doing their job is the pathetic and despicable act of a vexatious litigant.

Behind counsel table were the plaintiffs. From left to right, there was Kesler, then an individual I did not recognize, who did not identify himself, wearing a green shirt, Weyl, Swihart and Ripley, who I believe is a new plaintiff, in what appeared to be a wheelchair. I may be incorrect about that, and the person in a wheelchair may not have identified herself.

An idiot, who I assume was a birther, was taking photographs with a cell phone camera with some kind of enhanced camera accessory, and otherwise aiming the cell phone camera around. I could see the bailiff looking balefully at him, and when I caught his eye briefly, looked over at the birther and raised a single eyebrow. Shortly afterward, the bailiff went out the back door into Judge Reid’s office.

At around 1:30, give or take a minute, the “all rise” announcement let us know Judge Reid was entering the courtroom. She strode to the bench, and after a brief pause, said “Please be seated.”
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 Posted by at 6:54 am
Sep 262012
 

From GreatGrey.

Part 2 Preliminary Injunction

After Reid got done with the PHV stuff, it was 2pm, and was going to be done by 2:30. She said she would split the time equally.

Orly: Defendants cheated again. I got their response on Monday, I had to stay up at night to read it. They had 3 weeks, why didn’t they do it sooner. (Jackson time whining, but reversed) She then asked for Obama to be removed from the ballot or for the court to reject the certification of the election until Obama proved he wasn’t committing fraud. (How do ya do that? Aint Obly suppose to prove that he is? )

She then cited the case before Susan Wright in GA, another one by Judge Lewis in Florida. She said in Barnett v Obama Judge Carter said you have to challenge before the election and that’s what she was trying to do. Next she ran thru a whole list of Indiana statutes (13-3-somethings that Loh will have), and tried to cite the Indiana removal rules.

That devolved into HAVA, and how Indiana wasn’t responding. There were some grunts from the ‘roids, I guess some of them have filed HAVA’s also.

Jeff Garn objected, said correctly that HAVA wasn’t applicable and that Lena was misstating the law.

Orly: “But it does apply!”

Amazingly, Reid overruled the objection. She then told Lena that she had 4 minutes of her 15 left.

Black chimed in and said Orly should get an extra 5 minutes because during the PHV portion Kate had gone “on and on.” Reid kinda said OK, and that Orly could go till 2:20.

Orly resumed, claiming there was a strong likelihood that she would prevail in trial, so the injunction should be granted. More rules. “His name is wrong, it’s Soebarka, and Indiana is a state that says you can’t run under a fake name. I have a witness (Chris Strunk) who drove down from New York to testify about what he found in Hawaii. I have Obama’s school registration from Indonesia, I have Arpiao’s stuffs. I have 90 radio stations waiting on a decision.

“I want a temporary injunction so I can get discovery and determine….

Reid: STOP!
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 Posted by at 5:21 pm
Sep 262012
 

GreatGray expands on his observations of this part of the hearing.

Judge Reid came in at 1:34pm. My initial impression was “oh lordy!” Reid relishes being the judge. Down in Jackson, Wingagte told everyone to take a seat just as soon as he entered the room. Reid on the other hand takes her place and takes in the scene, I almost expected a Sally Field “you really like me” moment. After about 20 seconds she finally asked us to sit.

Reid gave the gaggle the rules of the room, no electronics on and no cameras. (just before she entered a Lenaroid was taking pics and the bailiff had a foul look on his face. Bailiff went back to chambers, I’m sure he let Reid know what was going on.)

Two issues: PHV and the Prelim Injunction. Said the trial rules would apply and she expected everyone to know what those were.

Began with Orly. OT dived immediately into why Obama should be removed from the Indiana ballot. Mentioned the Connecticut SSN and forged BC. Claimed his real name was Soebarka and he was a citizen of Indonesia.

Kate Shelby objected, said we should deal with PHV first before we let Orly ramble on. Judge Reid agreed.

So, Orly said you (Reid) gave me PHV earlier, they want you to reverse yourself.

Reid: I know this, so?

OT: I wasn’t served, I was in Mississippi, I got no notice, or 1 day notice, on the state challenging my PHV, that’s not fair. AG Garn is just being mean to me. I have PHV in the Indiana Supreme Court, that should flow down to this dinky court. Even without PHV I should be allowed to present evidence. Garn is protecting the President, he (Garn) isn’t doing his job by prosecuting Obama. I spent lotsa money to get here.
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 Posted by at 4:16 pm
Sep 262012
 

We have a quick report from GreatGrey, who is out in the rain:

1:34pm
judge says 1 hour since no one requested extra time. Heard PHV and Prelim injunction.

Orly went right into the preliminary injunction the defense team stopped her and said let’s get PHV out-of-the-way first Judge Reid said that makes sense

Kate on the defense team basically read their opposition motion. Orly countered said that she had not been notified of this motion because she was in Mississipp,i they didn’t give her time Judge Reid said tuff titties, they send it to your sponsoring attorney in time.

Reid Granted PHV on condition that Orly make zero furtherr mistakes regarding the rules, listed many already committed.

Sorry, raining and trying to get back to hotel.

The preliminary injunction was denied the judges reasoning was that Orly had not presented any evidence had not met burden of proof.

Orly at that point tried to submit her second amended motion as evidence the judge said no that’s not the way we do things here.

Orly then got a five minute lecture maybe longer from the judge about complying with rules said she was now subject to the disciplinary actions of the Indiana Supreme Court she also admonished Black that he was responsible for her. At that point Black made an excuse that he had another matter to attend to and he made a hasty escape the court room.
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 Posted by at 1:25 pm
Sep 262012
 

As mentioned earlier, Dr. Orly Taitz, Esq. is appearing this afternoon (actually, now) pro hac vice at the Superior Court of Indiana in Marion County. The local lawyer foolish enough to associate himself with Taitz is one Gregory Wilson Black, Esq., who objects to a Motion to Reconsider PHV Admission filed by the Defense on September 20. Mr. Black writes in his wild-ass-crazy Response:

State should deal more with the Connecticut social security number & affidavit from Hawaii official that no birth record exists at any Honolulu hospital on 4 August ’61 of a Barack Obama or other name used for our President. It cannot be that difficult to locate the birth of a non-Polynesian born three years or so after statehood on a date certain. Yet that appears the case, and the U.S. Constitution says what it says. THUS, plaintiffs ask Court to stand behind its ruling allowing pro hac vice status for Dr. OrlyTaitz, Esquire, of the California Bar.

Another one fallen for Tim Adams and the affidavit he later concocted with World Net Dilly.

Verbalobe translates Black, for those unaccustomed to the language of Birfistani:

1. I dispute Defendant’s assertion that motions regarding Pro Hac Vice status do not qualify as eligible for ex parte treatment under Ind. R. Trial P. 5. But I can’t be bothered to provide a citation in support.

2. Taitz secured in-state sponsorship, as required by the rules. Because she followed one rule, the dozens of other broken rules should be ignored.

3. Screeeeech! Constitutional Crisis!!!

I wonder if Judge Reid is having any regrets.

2012-09-xx – IN – Exhibit 1 IN Certification of Candidate to be on Ballot

2012-09-20 – IN – SoS Motion to Reconsider PHV Admission

2012-09-21 – IN – Black Response to SoS Motion to Reconsider PHV Admission

Court documents courtesy of Jack Ryan’s Scribd.
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 Posted by at 12:33 pm
Sep 262012
 

We move on today to Indiana, a state with an elections commission Dr. Orly Taitz, Esq. says is more corrupt than Egypt!

This afternoon at 1:30, she appears pro hac vice before Judge S.K. Reid in the Superior Court of Indiana, Marion County, on a Second Amended Complaint and Motion for Preliminary Injunction, filed on September 7, to which she has added defendants, including a radio station and its talk show host, as well as the deputy attorneys-general assigned to the case. Indiana’s anti-SLAPP statute could easily come into play here, something that could prove expensive for Taitz.

If a court rules in your favor, it will dismiss the plaintiff’s case early in the litigation and award you attorneys’ fees and court costs. … Indiana courts have interpreted the “right of petition or free speech . . . in connection with a public issue or an issue of public interest” to include media coverage of newsworthy events. “Newsworthiness” is a flexible concept, and it is sometimes difficult to predict what topics a court will deem to fit the definition. But, in all likelihood, news reports and even informal posts about current events and significant economic, political, and social issues would fit the bill.

Something to watch for today, if Orly gets Anti-SLAPPed.
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 Posted by at 12:58 am
Sep 262012
 

U.S. District Court

Southern District of Mississippi

Notice of Electronic Filing

The following transaction was entered on 9/25/2012 at 11:38 AM CDT and filed on 9/24/2012

Case Name: Taitz et al v. Democrat Party of Mississippi et al

Case Number: 3:12-cv-00280-HTW-LRA

Filer:

Document Number: No document attached

Docket Text:

Minute Entry for proceedings held before District Judge Henry T. Wingate. APPEARANCES: Dr. O. Taitz and B. Fedorka, pro se plaintiffs; J. Matheny, S. Begley, and S. Tepper (via telephone), counsel for defendants. Motion Hearing held on 9/24/2012. The Court DENIED [20] MOTION to Remand to State Court filed by Orly Taitz, DENIED [11] MOTION to Dismiss MOTION for Sanctions filed by Orly Taitz. The Court DENIED plaintiff’s Taitz [24] Motion for Stay as moot and established a briefing schedule for the unanswered motions. The Court granted Taitz’s request for three weeks from the date of the hearing to reply to the defendant’s motions for judgment on the pleadings [docket nos. 8 and 15]. The plaintiffs will have the same three week period to file a RICO statement as directed in the RICO notice filed in the record by the Clerk of Court at docket no. 2. Defendants will have the time allotted by the rules to file a rebuttal. The court will schedule a hearing on those motions once they have been fully briefed. (Court Reporter Fred Jeske, 601-583-4383) (TRS)

04/25/2012 2 RICO Notice – The Plaintiffs shall file within twenty (20) days a RICO case statement. This statement shall include the facts the Plaintiff is relying upon to initiate this RICO complaint as a result of the “reasonable inquiry” required by Federal Rule of Civil Procedure 11. (ND) (Entered: 04/25/2012)

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 Posted by at 12:41 am