Warm Up The Bus

One false move and we're throwing erasers.

As has been well-documented by this point (most lately by Fearless Leader Nojo), the Kenyanish birth certificate is a flat-out sham.  But: it was presented in a federal court as grounds for seeking an order that would make Hillary Clinton turn over documents.  And this is where Orly Taitz gets into deep trouble.

By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances… the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery….

Federal Rule of Civil Procedure 11(b)(3), ladies and gentlemen.  And Orly is caught.  “Inquiry reasonable under the circumstances” does not mean “finding what some crank posted on the internet without inspecting the actual document,” for example.  There’s more to Rule 11(b) than this, but this is the clearest foul. 

(Note that Fed.R.Civ.P. 26(g) and 37 — which handle discovery fouls in a similar way, and which she has also flunked on — could also be applied.  And Rule 11(d) does provide that discovery problems ought to be handled under Rule 37.  But the foul here is just outrageous.  You could file under Rule 11 or, in the alternative, Rule 37, and cover yourself that way.  But: one way or the other, Orly’s done a bad, bad thing.  Putting up a hoax as grounds for seeking a court order to get the Secretary of State to do something is way wrong, any way you slice it.)

What are the prizes she could win? Well, under Rule 11(c), the opponent (after 21 days notice) or the Court (on its own) can seek a rule to show cause why sanctions — “limited to what suffices to deter repetition of the conduct” — should not be imposed.  That could include dismissal, or award of a reasonable attorney’s fee and costs, or whatever else works.

Come on, SoCal AUSAs, and Your Honor.  Drop the big one on Orly.  THIS IS PRECISELY WHAT IS REQUIRED.


@nojo: You know the way to the hearts of lawyers. Kudos.

[Wait a minute. You put stuff below the fold. Notwithstanding the fact that it was a totally well-judged use of the jump that I completely endorse on the merits, you’re cutting off a lawyer in mid-elaboration. You don’t do that. Also.]

I am a lawyer, and I want someone to take Rule 11 seriously.Dead serious, this time.

“limited to what suffices to deter repetition of the conduct”

This lady is a psychopath, really a cackling maniac. What would deter her outside of being dowsed with gasoline, set aflame and tossed out of a helicopter 1000 miles out at sea?

Does this mean there will not be a courtroom showdown between Taintz and Clinton? Because that might be just the dopeslap slaughter to warm my heartcockles.

@chicago bureau: Parentheses make me jumpy.

And besides, most folks who need to read this will arrive directly here, not from the homepage. So we’re good.

@Jebediah: Never a chance. But we may get to see SFL and DodgerBlue filing this Rule 11 complaint and take turns taking long, luxurious craps on Taitz’s demented face.

nojo: No worries.

Incidentally, a review of her motion shows that this nitwit does not actually seek to depose Hillary, but to have her show up and produce documents (for which purpose she could send an understudy who has custody of such documents). Post has been revised accordingly.

But still — BAD LAWYER! BAD!

FlyingChainSaw: Like I said before — Rule 24 intervention does not permit SFL or Dodger to intervene here. They have to have a direct interest in the outcome. Being pissed off at this clown doesn’t count.

This, I’m afraid, is down to the AUSAs and the Judge setting themselves to the task of doing their jobs.

Ah, rules.

@chicago bureau: This is depressing. Can we fax in our comments here to the AUSAs and the judge, like an amicus brief or something, maybe give them ideas about deterrent penalties for Taitz?

FlyingChainSaw: I’m going to bet that the AUSAs and the Judge are knee-deep in phone calls from birthers. They are just about ready to throw their computers out the window at this point.

Not helpful. Likely to piss them off something terrible. Pass.

I figure that the best shot is a reputable California organization — perhaps the State Bar — could start a ruckus. Or maybe some retired U.S. Attorneys or judges or something. That’s the best shot for an outsider to make a play here.

@chicago bureau: But don’t I as an American Citizen have a direct interest in the outcome?

Or how about we all intervene on Orly’s behalf? Clearly she needs help.


A dream too sweet to be realized…
So I will take a Rule 11 complaint and be happy. Is this rule a big enough thing to lead to disbarment? How badly must one behave to get thrown out of the law-talkin’ guild?

jesus H, CB !!!! you know legalize makes me break out in a rash! i’m in recovery!

SAW, your dobbs piece made me laugh all fucking day. this was very bad timing. it’s percocet stockpile week and it didn’t help feigning severe pain when i kept bursting out laughing in the docs face from you!

as you would say: ha haha hahahahahahahaha!!!!

@nojo: Injury to a taxpayer has to be imminent and concrete, and not merely a generalized concern that every citizen has. Does kind of take the punch out of “petition the government for a redress of grievances,” doesn’t it? But that’s the rule.

But, intervening in re Orly? That’s a thought.

@chicago bureau: You can’t handle the truth!

Somebody had to say it.

@chicago bureau:
of course it’s a thought. it’s the only avenue.

now you and bloggie think about it, i’m going to walk the dog.

@FlyingChainSaw: Electro Convulsive Therapy, or tabasco on the clitoris.

Or maybe a sentence of penal servitude equivalent to the amount of time the court has wasted on this case, and costs…

What is the female equivalent of “Bubba” ?

@baked: Sorry about that. Did you explain to the doctors that you were chuckling at the news that Lou Dobbs crawled out of Streicher’s asshole? I am sure they’d understand.

Speaking of frivolous lawsuits

Trina Thompson, 27, of the Bronx, graduated from New York’s Monroe College in April with a bachelor of business administration degree in information technology.

On July 24, she filed suit against the college in Bronx Supreme Court, alleging that Monroe’s “Office of Career Advancement did not help me with a full-time job placement. I am also suing them because of the stress I have been going through.”

The worst part is, some schmuck will probably read this story and offer the brat a job because she’s “showing initiative” or some such.

@mellbell: Wow … if I could win a suit to get my law school tuition back.

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