Categorized | Law, Politics, The Loony Rightwing
Birfers Slapped HARD
by ExcommunicatedPagan
Posted on 16 September 2009 | 12:49 pm 
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Judge throws out ‘birther’ complaint in Georgia, puts lawyer on notice
By Alan Riquelmy | The Columbus (Ga.) Ledger-EnquirerU.S. District Court Judge Clay Land today tossed out a complaint by an Army captain fighting deployment to Iraq by questioning the legitimacy of President Barack Obama.
Land also put attorney Orly Taitz, who represents Capt. Connie Rhodes and is a leader in the national “birther” movement, on notice by stating that she could face sanctions if she ever files a similar “frivolous” lawsuit in his court.
“(Rhodes) has presented no credible evidence and has made no reliable factual allegations to support her unsubstantiated, conclusory allegations and conjecture that President Obama is ineligible to serve as president of the United States,” Land states in his order. “Instead, she uses her complaint as a platform for spouting political rhetoric, such as her claims that the president is ‘an illegal usurper, an unlawful pretender, [and] an unqualified impostor.’”
Rhodes, who filed her complaint Sept. 4 in the Columbus Division of U.S. District Court, argued that some facts point to Obama not being naturalized or possibly an illegal immigrant.
Miss Oily and her client so infuriated the Judge, he ordered them to pay the defendants’ (U.S. Government, U.S. Military and The Presidency) legal costs. Such costs, when calculated, can be in the tens, if not hundreds, of thousands of dollars.
The Federal Judge also slapped both Miss Oily and her client with a threat of Federal Rules of Civil Procedure Rule 11 sanctions if they ever file another case in his District.
Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
(b) Representations to the Court.
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:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3) 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; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
(c) Sanctions
(3) On the Court’s Initiative.
On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11(b).
(4) Nature of a Sanction.
A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney’s fees and other expenses directly resulting from the violation.
What the Judge is saying is that, on the courts’ own initiative, any motion she might file could trigger the COURT, and not the defense, filing a motion against her.
In normal circumstances, Section (a) would apply
(a) Signature.
Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name — or by a party personally if the party is unrepresented. The paper must state the signer’s address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention.
The Court assumes that all documents filed are truthful and in good faith. In Oily’s case, however, the Court is assuming that anything she files is fraudulent and frivolous. While a fine is not possible, it is possible for the Judge to award costs and find Civil Contempt (read ’she stays in jail until the Judge decides otherwise’) exists.
This will be used as evidence against her in her disbarment in California.
OH… The BEST thing about Judge Land?
Clay D. Land is an Article III federal judge for the United States District Court for the Middle District of Georgia. He joined the court in 2001 after being nominated by President George W. Bush.
On the recommendation of US Congressman Saxby Chambliss, Land was nominated by President George W. Bush on September 21, 2001 to a seat vacated by Robert Elliot which was approved by Congress. Land was confirmed by the U.S. Senate on December 13, 2001 on a majority voice vote and received commission on December 21, 2001 [2].
Judgepedia
He is a George W. Bush nominee. Not exacty a “flaming lubrul leetist activist” type.
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(Report comment)
At the risk of being accused of thread pimping, you have to read it to believe it
http://freerangetalk.com/?p=18456
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Back in Black! WOOT!!!!!!
I luvz me some Lewis Black
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September 16th, 2009 at 8:26 pm
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I adore Lewis Black
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September 16th, 2009 at 8:40 pm
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I have seen him live, twice. I was literally exhausted when it was over. He speaks the truth in a can’t-keep-up-kinda-way!!!
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September 16th, 2009 at 8:52 pm
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Btw, that email you sent me I couldn’t get the link to work.
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September 16th, 2009 at 8:55 pm
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Let me try again. it was cute. Not great, but cute!!
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September 16th, 2009 at 9:02 pm
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I re sent it!!!
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Is the Pug still at its meeting?
http://freerangetalk.com/wp-content/uploads/2009/09/B-A.jpg
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September 16th, 2009 at 7:58 pm
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September 16th, 2009 at 8:22 pm
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That was fwd worthy in spades, ep.
indeed!
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Wow. On the subject of getting slapped hard, Frank Schaeffer on Rachel tonight calling the christian fundamentalists “beyond crazy” and the “village idiot” plus a flat out condemnation of how dangerous they are really. I am unamimous in my approval.
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September 16th, 2009 at 6:36 pm
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same. I am so sick of hearing the so called two sides of the story. There is the truth, and then there is the fucking retards. They do not have equal value!!!!!
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September 16th, 2009 at 7:15 pm
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It is getting tiresome, all the wingers insanity on parade. Then the MSN gives it credibility of sorts by the “two sides” pretense. Straight up batshitcrazy is just that. I do think they are getting old fast.
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September 16th, 2009 at 7:44 pm
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I agree with you. In the olden days of journalism, the nuts were the subjects of reports.
They were not invited to join in a discussion.
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September 16th, 2009 at 7:45 pm
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Sad thing is, there are people (me) who have no memory of the “olden” days like that. This is all we know.
Just saying’
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September 16th, 2009 at 7:59 pm
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It’s harder on those of us who can remember the way things used to be.
We actually got better coverage of matters political before the advent of the 24 hour “news” channels.
With limited airtime available, Cronkite and the others had to edit out the unimportant stuff.
Teabagges and Birfers wouldn’t have even gotten a mention in the news 25 years ago.
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September 16th, 2009 at 8:02 pm
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That’s the way it should be. Why do we care what the likes of Ari Fleischer thinks? And the list of insignificant wingers like him is endless, yet they are paraded around like their opinion matters.
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September 16th, 2009 at 8:20 pm
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It’s that 24 hour open-mike, eh? Constant parade of pontificating pundits.
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September 16th, 2009 at 8:27 pm
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It must be difficult to realize how the MSM is so much weaker and watered down than it used to be. Cronkite WAS journalism. These others are communications majors.
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September 16th, 2009 at 8:39 pm
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Great way to summarize it, kit. Far too much entertainment in news these days. (Excepting TDS and Colbert, of course.)
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September 16th, 2009 at 7:53 pm
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Other than their nuttiness, they should not be a part of the discussion. EVER!! This is what is at the bottom of this insanity!
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September 16th, 2009 at 8:27 pm
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Listening to the repeat of Frank Schaeffer on Rachel tonight and that is pretty much his conclusion as well…”A village cannot organize village life by catering to the village idiot” and “evangelical subculture has rotted the brain of America”, plus “they are taught to reject facts as a matter of faith”, Also(too), “The republican party is totally in thrall to this subculture”, and he ends with something to the effect that “it would be better not to have a republican party”.
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September 16th, 2009 at 8:37 pm
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While I find the crazies mildly amusing, I am really troubled by what appears to be their relevance. It’s so wrong I can’t stand to even listen to the so called news.
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September 16th, 2009 at 8:28 pm
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I absolutely LOVE Frank Schaeffer. I think he was one of the most relevant and important voices in this time.
btw, Good to see you here BB
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September 16th, 2009 at 8:35 pm
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Thanks KG.
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Someone by the name of “Orly Taitz” is questioning the legitimacy of the duly elected president’s birthplace ………….Only in America
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September 16th, 2009 at 6:28 pm
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Here’s my olive branch. Pretend you see an olive branch.
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September 16th, 2009 at 6:31 pm
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If there were olives on it , I’d make you several martinis……..
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September 16th, 2009 at 6:34 pm
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Now you are my new BFF. When we are together, you choose the first song we dance to, and I shall choose the next. Btw. I am a blues gal.
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September 16th, 2009 at 6:38 pm
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Stevie Ray Vaughn’s version of “Superstition” okay ?
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September 16th, 2009 at 6:41 pm
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Yummy. Do you know how to play it here?
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September 16th, 2009 at 6:44 pm
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No clue………(Which is typical of my entire existence) ……..I’m actually working on recording that same tune in a hard rock/heavy metal version/format……..
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September 16th, 2009 at 6:50 pm
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I am no better. I jsut learned how to use smileys, and I need to look for the link. No wonder I didn’t win the election!!!
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September 16th, 2009 at 6:52 pm
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Yeah , I gotta’ constantly open that page , too…..
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September 16th, 2009 at 7:40 pm
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Here you go
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September 16th, 2009 at 7:52 pm
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You are way too sweet!! Thank you SK!!
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September 16th, 2009 at 7:58 pm
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You are welcome. It’s one of the few things I DO know how to do.
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September 16th, 2009 at 10:16 pm
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Here is the quote I looked for the other night and couldn’t find. This is one of my fav poets.
“Beauty is not in the face; beauty is a light in the heart.”
Kahlil Gibran
And sums up how I feel about beauty. Someone can “look” beautiful, can be easy on the eyes and not come close to beautiful. Being “purty” doesn’t equate to beauty. IMO
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Kellygrrrl – check your email. Trouble logging in
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September 16th, 2009 at 6:01 pm
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No shit, sherlock!!!!!!!!!!
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September 16th, 2009 at 6:30 pm
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hmmmm. Should a true leader be using such language, Missy?
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September 16th, 2009 at 6:10 pm
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Just re-register.
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Kudos for the legal insights that you bring to FRT, EP. Much appreciated. I just hope Taintz is crazy enough to test her luck and gets some more just deserts.
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September 16th, 2009 at 7:46 pm
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EP is our resident legal expert among other things…
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September 16th, 2009 at 7:50 pm
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I was hoping he’d author a legal column in the same vein as say, Chris Geidner, explaining the processes to those of us who just don’t understand the law.
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September 16th, 2009 at 8:00 pm
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I plan on it when I get a bit more settled into my new routine.
Going back to college after many years’ absence is a bit unnerving
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September 16th, 2009 at 8:15 pm
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Kibbs is having the same “nerves” on top of everything else. He takes the LSAT on the 26th. He missed the last date in June, I believe. He’s afraid he’ll score so low, he’ll have to resort to getting a degree online.
It’s good to know you plan on a column. Some of us haven’t a clue what things like the DOMA brief, actually say.
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September 16th, 2009 at 8:27 pm
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Pauvre Kibbs!
http://freerangetalk.com/wp-content/uploads/2009/07/clutch-the-pearls. jpg
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September 16th, 2009 at 8:42 pm
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LOL! Nothing like a circus of the absurd, with Taints as ringmaster.
I really hope that guy didn’t think he could actually win, if he did he may qualify for a Section 8.
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OK, OT, or maybe not. Perhaps we could ask Oily to be in a parade?
http://www.break.com/index/horse-kicks-moron-in-the-face.html
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September 16th, 2009 at 2:43 pm
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O.M.G.!!! Perfect!!
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September 16th, 2009 at 2:47 pm
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I just love how the guy is completely stunned but tries to walk away like nothing happened. That had to have hurt so fucking bad I can’t imagine.
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September 16th, 2009 at 2:54 pm
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He didn’t even realize his hat was left in the road in the path of the oncoming horses.
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September 16th, 2009 at 3:24 pm
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More to the point he was not aware he was back on his feet………
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September 16th, 2009 at 3:24 pm
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Hope he’s got some good health care coverage … I’m guessing this will qualify as a pre-existing condition
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September 16th, 2009 at 3:33 pm
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what condition….jackass-itis?
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September 16th, 2009 at 3:36 pm
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Condition: dumber than a horse’s ass
Prognosis: terminal
Rx: see death panel immediately
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September 16th, 2009 at 3:02 pm
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skipper’s back!!!!
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September 16th, 2009 at 3:09 pm
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http://freerangetalk.com/?attachment_id=18452
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September 16th, 2009 at 3:19 pm
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September 16th, 2009 at 3:11 pm
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http://freerangetalk.com/wp-content/uploads/2009/09/Inflatable -dog-leg.jpg
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September 16th, 2009 at 3:17 pm
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Thank you, kitty!
Little Skipper is in the room, shaking his squeaky frog toy violently from side to side. It’s so cute!
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September 16th, 2009 at 3:24 pm
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they are so funny when they do that….
i miss my sheba….
she was a german shepard/collie mix that we adopted from the humane society…she looked like a big sheltie….had her for 13 years….went through a lot with that beautiful dog….and she even took shit from my little bitchy kittykali…sheba was one in a million…
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September 16th, 2009 at 3:26 pm
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ugh! I hate the squeaky toys!
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September 16th, 2009 at 3:31 pm
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what a dumbass…..serves him right….
isn’t that like rule number one??? “don’t walk directly behind a horse”….let alone cop a feel during a parade….
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The headline should read:
“Judge Aborts Birfers”
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September 16th, 2009 at 3:26 pm
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All this on top of a name which sounds like a skin condition, “She has Orly Taitz”.
Maybe they’ll STFU for a while on this issue anyway.
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Lawrence O’Donnell was saying yesterday that he or many others could actually write an intelligent and effective argument for the Conservatives — and there is plenty of valid points to make against the current situations — but not one single Republican or Conservative seems to be able to grasp that concept and take that path.
Time and again, they choose to take the Crazy Trail
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September 16th, 2009 at 2:23 pm
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see President Jimmy Carter. This has nothing to do with policy.
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September 16th, 2009 at 3:21 pm
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Lawrence O better watch his step he has been sitting on the fence for months trying to suck up the MSNBC to get a time slot…I stopped listening to that clown after he picked apart Obama’s speech at the delight of Morning Joke and Mika last week. The next night he was on Countdown and was singing a different tune…
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September 16th, 2009 at 6:26 pm
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Is it just me, or does he look like he’s sick? Seriously, he looks like he has something bad. I love L. O. The last couple times I have watched him, I have thought he looked tired and sickly.
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September 16th, 2009 at 7:15 pm
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I agree he does not look well….
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September 16th, 2009 at 7:21 pm
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I was wondering if it was me!!
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September 16th, 2009 at 7:27 pm
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interesting….
thankfully, i missed that….morning joke makes me nauseous….
so disappointing that LO’s whoring out his dignity like that….i used to like him….
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September 16th, 2009 at 7:43 pm
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I don’t know how anyone listens to that morning’ho ditto on the barfing
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Losing again in court, forced to pay the legal costs, maybe the nutjob finally got the message.
Nah, probably not.
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September 16th, 2009 at 2:13 pm
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most of wingers will go to their graves not getting the message.
worse yet, many of them will hand down the ignorance gene to their spawn
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September 16th, 2009 at 2:15 pm
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True, carrying on their sad traditions.
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September 16th, 2009 at 2:15 pm
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In Oily’s mind, this very conservative Bush nominee just became part of the conspiracy
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September 16th, 2009 at 2:22 pm
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September 16th, 2009 at 2:34 pm
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She’s well on her way to disbarment in California.
The Bar Association brought the charges against her
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Not just a “W” appointee but one recommended by Saxby Chambliss, a conservative’s conservative.
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September 16th, 2009 at 2:01 pm
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Solid conservative credentials, for sure.
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September 16th, 2009 at 2:13 pm
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Iz r Rethugs lernin’?
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September 16th, 2009 at 2:42 pm
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Not a snowball’s chance in hell these losers will “get it”.
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September 16th, 2009 at 3:28 pm
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some will … doesn’t mean they’ll be able to shake the crazy loose and take the party back … but plenty “get it.” (if by “it” we’re talking about the moronic madness of “the conservative movement.”)
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Oh, perfect. Perfect. What a moron – thinking she could get a sympathetic ear for her political rantings in the courts. I wonder what she’ll try next?!
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September 16th, 2009 at 1:59 pm
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A different Federal Circuit.
She probably thinks a Judge in Oregon, for example, won’t have heard of this.
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September 16th, 2009 at 2:00 pm
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September 16th, 2009 at 2:08 pm
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Phil Berg, the other Birfer lawyer, filed his Birfer suit in a Pennsylvania Federal Court that had sanctioned and fined him $35,000 two years earlier.
The SAME court that had written in its order of sanction that Berg was a casebook example of legal malpractice.
Birfers aren’t the brightest of trolls.
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September 16th, 2009 at 2:41 pm
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They don’t have two brain cells to rub together.
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Excellent post EP and thanks for the update. Every time these creeps make fools of themselves before the courts, it brightens my day.
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Hit them where it hurts. Their pocketbooks.
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Hopefully The Taint is on her 16th minute of fame.
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September 16th, 2009 at 2:14 pm
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nooooooo! I think we need to keep her name burning bright and firmly attached the Conservatives
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September 16th, 2009 at 2:17 pm
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She’s just so repulsive, though. It’s embarrassing for our country.
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September 16th, 2009 at 2:21 pm
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psst. she’s not one of us. she needs to be deported. let her pull this shit in her own country. they’ll have her head.
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September 16th, 2009 at 3:28 pm
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she lives in OC — that’s about as foreign as you can get
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September 16th, 2009 at 3:28 pm
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but she ORALLY TAINTS the conservatives. in the longrun, that’s a good thing.
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“The Court is assuming that anything she files is fraudulent and frivolous.”
That’s because everything she’s filed thus far has been either false, found to be fraudulent, or ridiculous.
I kind of like the idea of a pissed off Federal judge.
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September 16th, 2009 at 1:36 pm
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I particularly like the bit about paying the court costs for the Feds. You know that is going to be a sore spot. Good post EP>
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Lurvvvv it! It’s up to us to keep Orally Taints in the news and firmly attached to “The Conservative Movement”
btw, did you see there is a movie out about the Birfers and Deffers and Teabaggers?
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September 16th, 2009 at 1:15 pm
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Adding an update. The Judge was nominated by George W. Bush on the advice of Saxby Chambliss.
Not exactly a liberal Judge…
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September 16th, 2009 at 1:21 pm
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seems our ReThugs iz lernin’
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September 16th, 2009 at 1:27 pm
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That tidbit puts the spice in it. LOL
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It’s about time. Nice post.
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