Breaking: Atty. Orly Taitz Reports on January 13 Hearing in Hawaii

OPPOSITION BRIEF LABELS TAITZ  A ” VEXATIOUS PLAINTIFF”

by Sharon Rondeau

Hawaii is the 50th state and is about 2,558 miles from the West Coast

(Jan. 13, 2012) — This evening Orly Taitz reported that after a virtually sleepless night, she and Deputy AG Jill Nagamine appeared in Honolulu District Court today in front of Judge Rhonda Nishimura, at which time Nagamine asked that Taitz be sanctioned for being a “vexatious plaintiff” making “frivolous” requests.

Today’s hearing was rescheduled from January 26, which date Taitz could not make because she is scheduled to appear in Georgia representing numerous plaintiffs in a state ballot challenge.

Taitz is seeking to inspect the original birth certificate allegedly on file with the Hawaii Department of Health as part of her case against the Social Security Administration, Taitz v. Astrue, which claims that Obama is using a stolen social security number.  Nagamine, who is defending Health Department Director Loretta Fuddy, has claimed that the record cannot be released due to “privacy” concerns.

There was a mechanical problem with Taitz’s airplane, causing a delay. She arose at 4:00 a.m. local time to prepare after writing her Reply to Nagamine’s Opposition brief.

Taitz will soon be posting on her website her response to Nagamine’s request.  “She said it was frivolous for me to ask for the birth certificate, I should be sanctioned, and they should declare me a vexatious plaintiff so that any time I want to file a lawsuit in Hawaii, I would have to ask for special leave from the court,” Taitz said.

Because of the delay, Taitz spent hours working on her response.  “When I saw it, I spent the whole night working on my reply to her opposition.  I didn’t even have an opportunity time to print it out, so all I could do was read my reply to he opposition from my laptop.”  Taitz had lost a laptop computer during another trip and had bought a new one with donations from the public, for which she expressed her gratitude.   She stated that she will be posting what she said in court on her website shortly.

A question had arisen about the subpoena from the Georgia court bearing the signature of Judge Michael Malihi as to whether or not it is valid in another state.  “In each and every court, when you are in discovery, a judge will sign subpoenas, and you can use them.  You subpoena whatever evidence and witnesses you need.  If a witness doesn’t want to testify, then it falls to them to file a specific motion to quash.  Everything was done properly; any attorney knows I have done it properly,” Taitz said.

“At the end, the judge did not say the subpoena was not valid or proper.  She did not say I was ‘vexatious;’ or ‘frivolous;’ she did not say that I needed to be sanctioned.  The judge never said any of that.  She said, ‘First of all, Orly Taitz is right in that the case is still open; there was no final judgment.  As long as the case is open, she’s entitled to file a motion.'”

“The judge stated that under Rules 45, 33 and 31, it provides for subpoenas but does not specifically state it is for ‘reciprocal subpoena enforcement,’ and that is why I’m denying your motion,'” Taitz related.

Taitz said she recalls seeing another statute which allows for the enforcement of an out-of-state subpoena.  She will order the transcript from the hearing. She isn’t sure which documents the court has in its possession since several have been misplaced in regard to the case.  “Pages have disappeared and documents have disappeared.  I’m going to check what the judge has.  I need to see if the judge is missing a page here or there which specifically quoted a statute that allows for enforcement of an out-of-state subpoena can be enforced.  If it’s there and she missed it in one of the pleadings, I’m going to use that; if not, I can file something another motion stating that it was in my pleadings before.  If that happens, at that time she will have no reason not to grant it.”

Fuddy and Nagamine had also refused to release Obama’s records following a Hawaii-issued subpoena from the U.S. District Court in Honolulu.

The Hawaii legislature had passed a “Vexatious Requester” law in 2010 with the intent, as expressed by former Health Department Director Dr. Chiyome Fukino, of deterring those asking for information related to Obama’s alleged birth in Hawaii in 1961.  Fukino had claimed that Obama had “posted a copy of of the certificate on his former campaign website” in 2008, referring to the short-form Certification of Live Birth.

In an interview with MSNBC in April 2011, Fukino had asserted that the original birth certificate was on file at the Health Department and described it as “half typed and half handwritten.”  However, on April 27, 2011, an image released purported to be his long-form, or more complete, birth certificate did not appear to meet that description.  It is unknown why Fukino discussed Obama’s birth record if “privacy” is protected by Hawaii state law.

The Post & Email asked Atty. Taitz if she was able to raise enough funds through her foundation to pay for her trip and expenses, and she said she was.  However, she has agreed to pay for transportation and hotel expenses for witnesses planning to appear in Atlanta, GA for her ballot challenge hearing on January 26 and that consequently, a tremendous amount in donations is needed.

Taitz stated that she is exhausted because she has been working seven days a week on various Obama eligibility cases.  She stated that the pressure from the travel, preparation for hearings, and financial costs is “nearly unbearable.”

Taitz’s account of the day’s proceedings has been published on her website.

Update, January 14, 2012:  A court document from yesterday’s hearing in Honolulu is posted at Taitz’s website here.  Taitz also posted her own account of the hearing.

5 Responses to "Breaking: Atty. Orly Taitz Reports on January 13 Hearing in Hawaii"

  1. ELmo   Sunday, January 15, 2012 at 3:42 PM

    You may still be “clinging to the illusion” of a “Credible” government. As for me. I think John Sutherland (below) has said it better than I ever could. There is no credibility left in this Government or its Courts.
    ELmo

  2. kibitzer   Saturday, January 14, 2012 at 8:26 PM

    Thanks for keeping on top of all these eligibility matters, Sharon.

    It is outrageous that the sovereigns of the nation of America – ie, its citizens – have to jump through such a welter of procedural hoops to try to get justice served. But if that’s the way TPTB want to play, The People will just have to hang in there, and wear them down. The truth will out, sooner or later. Including how the opposition in America’s supposed two-party system, the Republican Party, has colluded in this crime as well; or Obama (or whatever his real name is) would never have been allowed to run for that particular office in the first place – and they knew it.

    This is a crime of major proportions; and a lot of people need to go to prison for malfeasance of duty. No wonder they’re doing all they can to postpone the inevitable.

  3. gmiller   Saturday, January 14, 2012 at 4:17 PM

    I have seen and heard of errors that Orly has made. However, she has been the most aggressive and persistent attorney in the eligibility field. She did more right than wrong.

    Hawaii refusing to show the birth certificate for “privacy” reasons is totally absurd.. How can anyone even keep a straight face?

    1. This is the most public birth certificate in history. It is even being printed on coffee mugs and sold, with much glee.
    2. There are provisions for releasing BC’s for major public interests, but this is being ignored.
    3. There are far too many contradictions in the birth certificate story. The short form replaced the long form. All the Long forms were destroyed., Even if they weren’t, you aren’t allowed to see them anymore. The birth certificate is half handwritten and half typed. No, it isn’t- here it is on whitehouse.gov, but you can’t see the certified hard copy. By the way, we’re selling “Made in the USA” coffee mugs with Barack’s “birth certificate” and obnoxious slogans on it. Dozens of document experts have proved it a fraud, but we won’t show you the original because ….. “it’s private.”
    4. Now they have ignored both federal and state subpoenas AND the public’s right to know.

    There is more than enough ambiguity, contradictions lies, etc to justify forcing them to show ALL the cards. No, we don’t believe you, Obama, Hawaii, DNC, DOJ, media, pundits of both corrupt parties. We have more than enough evidence to suggest that you are lying. We are calling your bluff.

    Time to send in a SEAL team, before our govt. and institutions lose ALL credibility?

  4. John Sutherland   Saturday, January 14, 2012 at 8:11 AM

    Criminal frauds don’t like to get caught, and so they continuously try to hide the evidence of their crimes. This is what makes fraud so challenging to prosecute. In this case, since the fraudster is usurping the role of the country’s chief law enforcement officer, he gets to use whatever resources are needed to have the taxpayers pay to criminally cover and hide the evidence of his crimes against the people.

    Our system of law works well when we are a moral country, living under a system of laws. It doesn’t work very well when members of our government violate their sworn oath to defend and protect us and our laws, and when they do their best to destroy our system of government and our culture.

    If we survive this historic usurpation and overthrow of our government by our domestic enemies, it would do us well to do a better job at examining the people who run for office (at every level of government) and who we hire into government. It would also do us well to be able to immediately fire any government employee who does violate their sworn oath of office. Either the oath of office means something or it doesn’t – right now the oath is meaningless because the criminals in government refuse to acknowledge or abide by its terms. This criminal behavior against the people is rampant in all three branches of government.

    I am ready to assign the unlawful federal government to the dustbins of history, but I don’t quite know what to do to the state and local miscreants who echo the unlawful actions of their federal counterparts. What do the people do when they are lawful and their government is not?

  5. Rule of Law   Saturday, January 14, 2012 at 12:28 AM

    I have never seen a court act in such an unprofessional manner. Taitz must be getting close to have these people pull out special legislation targeted at her. It would seem however that the Judge is at least trying to appear to be conducting a courtroom that is somewhat impartial. I doubt it.

    The house of cards will come down and the truth will come out. Let’s hope sooner than later. It remains that Obama STILL has not done the right thing by the people and put this issue to rest. If he has nothing to worry about, why on earth is he dragging this out?

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