The best way to report this is to let somebody else do the talking !
Oh dear ! America's Greatest Self-Annointed Hero has finally pushed a judge too far. The easiest way to explain is to let His Honor do the talking:
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
THOMAS D. MACDONALD, Colonel, Garrison Commander, Fort Benning; et al.,
CASE NO. 4:09-CV-106 (CDL)
O R D E R
“It was deja vu all over again.”  In her most recent tirade, Plaintiff’s counsel seeks reconsideration of the Court’s order dismissing this action. Instead 2 of seriously addressing the substance of the Court’s order, counsel repeats her political diatribe against the President, complains that she did not have time to address dismissal of the action (although she sought expedited consideration), accuses the undersigned of treason, and maintains that “the United States District Courts in the 11th Circuit are subject to political pressure, external control, and . . . subservience to the same illegitimate chain of command which Plaintiff has previously protested.” (Pl.’s Emergency Req. for Stay of Deployment 2.)
This filing contemptuously ignores the Court’s previous admonition that Plaintiff’s counsel discontinue her illegitimate use of the federal judiciary to further her political agenda. The Court finds that the claims and legal contentions asserted in the present motion are not warranted by existing law and that no reasonable basis exists to conclude that Plaintiff’s arguments would be accepted as an extension, modification, or reversal of existing law. Simply, put the motion is frivolous.
 Attributed to New York Yankees baseball legend and philosopher, Yogi Berra.
 Though the motion is titled “Emergency Request for Stay of Deployment,” it appears to be a motion for reconsideration because it catalogues Plaintiff’s reasons why she believes the Court’s order of dismissal should be vacated.
Moreover, the Court further finds that Plaintiff’s motion is being presented for the improper purpose of using the federal judiciary as a platform to espouse controversial political beliefs rather than as a legitimate forum for hearing legal claims. Counsel’s conduct violates Rule 11 of the Federal Rules of Civil Procedure, and sanctions are warranted. Accordingly, Plaintiff’s motion for reconsideration (Doc. 15) is denied, and counsel for Plaintiff is ordered to show cause why the Court should not impose a monetary penalty of $10,000.00 upon Plaintiff’s counsel for her misconduct. Counsel shall file her response to this show cause order within 14 days of today’s order.
The Sanctionable Conduct
Plaintiff’s counsel filed the present action seeking a temporary restraining order to prevent the deployment of Plaintiff, a Captain in the United States Army, to Iraq. Counsel maintains that the President has not produced sufficient evidence of his place of birth to satisfy her that he is a natural born citizen of the United States. Therefore, she alleges he was not eligible to be elected President of the United States and has no authority to act as Commander in Chief. At the request of Plaintiff’s counsel, the Court held an expedited hearing on Plaintiff’s request for relief. Within two days of that expedited hearing, the Court issued an order dismissing Plaintiff’s Complaint in its entirety. (See Order Den. TRO, Sept. 16, 2009.) The Court also found that Plaintiff’s Complaint was legally frivolous and that any future similar frivolous conduct on the part of Plaintiff’s counsel would subject counsel to sanctions.
Notwithstanding the Court’s finding that Plaintiff’s claims were frivolous and that this Court had no legal authority under the facts alleged to interfere with a lawful deployment order, Plaintiff’s counsel filed the present motion seeking reconsideration of that order and seeking a stay of Plaintiff’s deployment. Plaintiff’s counsel seeks this drastic relief based upon the following arguments, each of which is frivolous.
First, counsel contends that the Court dismissed her Complaint without giving her an opportunity to respond adequately as required by the Federal Rules of Civil Procedure and the Court’s Local Rules. Counsel ignores that she sought to have the case heard in an expedited fashion in the first place because of Plaintiff’s imminent deployment. The Court modified its schedule to accommodate this request, and in fact held the hearing during the lunch break in an ongoing jury trial. Yet, she now complains that she only wanted the temporary restraining order expedited and not the entire case. What Plaintiff’s counsel either fails to understand or refuses to acknowledge is that in order to address the motion for a temporary restraining order the Court had to satisfy itself first that it had jurisdiction and legal authority to decide the matter. See, e.g., Fed. R. Civ. P. 12(h)(3) (“If the court determines at any time that it lacks subject matter jurisdiction, the court must dismiss the action.”); see also Winck v. England, 327 F.3d 1296, 1303 & n.4 (11th Cir. 2003) (explaining framework a court must use to decide whether it may review a military determination). As thoroughly explained in the Court’s order of dismissal, the Court found that under well established legal precedent related to abstention principles, it did not have authority to interfere with the United States Army’s deployment order. Therefore, the Court determined that the case must be dismissed in its entirety. The Court did not grant the Defendant’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), although the Court did note that any such motion if considered would be granted based upon the implausibility of Plaintiff’s claims. If counsel had carefully read the Court’s order, she would have understood that the Court dismissed the Complaint based upon abstention principles.
Furthermore, competent counsel would have understood that the Court was required to addresss abstention prior to ruling upon the motion for a temporary restraining order.
Counsel’s contention that the Court denied Plaintiff her due process rights under the 5th Amendment to the Constitution by dismissing her Complaint on abstention grounds without giving her more time to respond is frivolous. Counsel sought expedited review of the motion for temporary restraining order. To consider that motion, the Court had the obligation to satisfy itself that it had legal authority to hear the case. It therefore, at Plaintiff’s counsel’s urging, made an expedited decision on that issue. Now that it did not go her way, counsel has fabricated a specious argument that she needed more time to address the issue.
Second, counsel argues that the Court ignored her arguments when it dismissed her Complaint. The Court considered Plaintiff’s Complaint, her motion for temporary restraining order, and all evidence Plaintiff submitted in support of her motion, including testimony from the Plaintiff. Upon its consideration of Plaintiff’s allegations in her Complaint and the evidence submitted prior to the hearing, the Court found that under well established precedent Plaintiff’s Complaint must be dismissed based upon abstention principles. Remarkably, in her motion for reconsideration, Plaintiff does not even attempt to distinguish the legal precedent cited by the Court in its order of dismissal. She simply repeats the same bare and conclusory allegations that the Court found frivolous in its previous order. A motion for reconsideration that does not even address the legal basis for the Court’s previous order is frivolous.
Finally, it is clear that Plaintiff’s counsel seeks to continue to use the federal judiciary as a platform to further her political “birther agenda.” She has provided no legal or factual basis for  the Court to interfere with deployment orders of the United States Army. She supports her claims with subjective belief, speculation and conjecture, which have never been sufficient to maintain a legal cause of action. She continues to file motions that do not address legal issues but that describe the President as a “prevaricator,” allege that the President’s father was “disloyal and possibly treacherous” to the “British Crown,” accuse the undersigned of treason, and suggest that the United States District Courts in this Circuit are “subservient” to the “illegitimate” “de facto President.”
 In an alternative finding, the Court also denied the motion for temporary restraining order on the merits, finding that Plaintiff had not satisfied the elements for such relief.
Although the First Amendment may allow Plaintiff’s counsel to make these wild accusations on her blog or in her press conferences, the federal courts are reserved for hearing genuine legal disputes and not as a platform for political rhetoric that is disconnected from any legitimate legal cause of action.
 As explained in the Court’s dismissal order, Plaintiff’s counsel is a leader in the so-called “birther movement.” She and her followers do not believe that President Obama is eligible to hold the office of President because he has not satisfied them that he was born in the United States.
The conduct described above warrants that sanctions be imposed upon Plaintiff’s counsel, Orly Taitz.
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
Mary Travers , who died today of leukemia , was part of a group that became the conscience of a generation.
A talented singer , she was deeply committed to the causes her songs espoused.
Most folks have seen her on TV specials, made when she was old, ill, and struggling; and young people have often asked : "What was so special about her ?"
The answer, my friend, is Blowing in the Wind .
Rest well, Mary Travers. You've certainly earned it !
It came as no surprise when "Birther" attorney Orly Taitz suffered a "little setback" this week in her efforts to prove the President of the United States is not a native born American, and is therefore constitutionally unfit to serve.
The judge was unimpressed with her "evidence" (one item of which is said to have been a copy of an AOL opinion poll) and he dismissed her complaint : calling it "frivolous". He also warned her any further frivolous complaints filed by her in his jurisdiction would result in sanctions against her .
Orly was none too pleased - assuming she has been quoted correctly:
In an interview with TPM just now, Birther evangelist Orly Taitz fired back at Clay Land, the U.S. district court judge who tore apart Birtherism and threatened Taitz with sanctions in an order today, saying that “somebody should consider trying [the judge] for treason and aiding and abetting this massive fraud known as Barack Hussein Obama.”
“This is so outrageous what this judge did — it goes in the face of law and order,” said Taitz, reached at her office in Mission Viego, CA. “Not every judge is as corrupt as Judge Land. Some judges believe in the Constitution. And some judges believe in the rule of law.” ...
“I’m not afraid of sanctions. Because I know this is not frivolous. I know this is extremely important — the most important issue in this country today.”
“Judge Land is a typical puppet of the regime — just like in the Soviet Union,” she said.
It is a good thing Ms Taitz is unafraid of sanctions, because - believe it or not-she has filed a new motion before Judge Land:seeking to have his ruling reconsidered.
THIS JUST IN : Orly Taitz' "Star Witness" Claims He Was Asked by Orly to Commit Perjury !!
This video clip from CNN is pretty much self-explanatory: a CNN reporter,who came out to cover the September 12,2009 rally in Washington, DC, was shouted down by the "orderly protestors" - (We mustn't refer to them as a mob !)
After watching this nonsense, and brooding over the national situation a while, I decided to go out in the kitchen and make myself a stout cup of coffee. (It was too early in the day for anything stronger.)
While I was puttering around, I heard a strange tapping sound, that seemed to be coming from the back door; so I put on my sweater (It's a mite cool today) and went out to investigate.
There were four visitors on my back step !
One, a little mouse called out in a tiny voice: " Can Nora Catherine come out to play ?"
Nora Catherine is my Great Grandaughter - in -Law ,and was born just a few days ago.
"Oh, I'm sorry !", I replied. " She's too young to come out and play yet. Besides, she's with her Mommy and Daddy way down in Maryland."
"Oh...", said the mouse. " I didn't know that ! Somebody tweeted me and said there might be someone new here to play with."
"You send text messages ??"
"Sure !", answered the mouse. "Doesn't everybody ?"
I was about to say : "Not everybody !" , but before I could open my mouth, my visitors scampered off to do whatever it is little critters do.
I shook my head, and went back inside-just as the coffee finished brewing.
Who wants to think about "Teabaggers" (or texting mice) when there's fresh hot coffee ?
One picture,taken on 9/11/01,showed what looked like a grinning demon peering through the toxic smoke of the World Trade Center.
It is appropriate to the events of that day - and to the long, still - happening aftermath.
Eight years later, the demons of War still grin mockingly from the smoke, debris, and wreckage of human lives in Iraq and Afghanistan, and I wonder how and when it will all end.
Nonetheless, I've put my flag out today to honor the victims of 9/11, and to honor those brave men and women who go daily into harm's way; and I say a little prayer for them.
Of late, I've been adding a prayer for Peace as well.
I was going to write up something about Labor Day - and our skewed national view of those who work so hard to feed their families.
(Did you know, for example , a Google search for the term "crooked unions" turned up 30 million, 900 thousand "hits" ? )
Please take a few minutes to read the linked article - and please remember it the next time some corporate "shill" like "Coach" Collins,or Deroy Murdock, or Mychal Massie, or the ochlocratic Warner Todd Huston starts sounding off about "thuggish unions" (9 million,650 thousand Google "hits".)
This is quite disturbing : the President of the United States, addressing young, impressionable schoolschildren.
I'm not quite sure how I should react !!
See his very words - right here :
PRESIDENT REAGAN: Well, thank you very much. Please, be seated. You know, this is a real treat for me, having you here, and to have in a little while the chance to answer some of your questions. Let me also offer a special hello to those of you who are watching on C-Span, or the Instructional Television Network. Thank you for inviting us into your home or your school today ...
And that is a vision that goes beyond economics and politics, it's also a moral vision, grounded in the reverence and faith of those who believe that with God's help, they could create a free and democratic nation ...
Because you see, the taxes can be such a penalty on people that there's no incentive for them to prosper and to earn more and so forth because they have to give so much to the government ...
There was talk about having a gun ban in California. It didn't go through. But I got a letter from a man in San Quentin Prison. And from the prison he wrote me the letter to tell me he was in there for burglary, he was a burglar. And he said, "I just want you to know that if that law goes through, here in San Quentin there will be celebrating throughout the day and night by all the burglars who are in prison."
(How do you feel about this ???)
Somebody figured out I was trying to defuse the comments about President Obama's address to the kiddies !!
Here's the response: