TPMMuckraker
Judge Directs US Attorney To Collect $20K From Orly Taitz After Failure To Pay Fine
Justin Elliott | November 13, 2009, 9:25AM
Orly Taitz
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A federal judge in Georgia has ordered the US Attorney to collect a $20,000 judgment against Orly Taitz after the Birther attorney failed to pay the fine -- which she appealed -- within 30 days.
Here's the full order from Judge Clay Land, of the US District Court in the Middle District Of Georgia:
"Orly Taitz has failed to pay the $20,000.00 sanction ordered by the Court on October 13, 2009. Accordingly, the Clerk is ordered to enter final judgment in favor of the United States of America and against Orly Taitz in the principal amount of $20,000.00. The United States Attorney is authorized and directed to collect the judgment as provided by law.
IT IS SO ORDERED, this 13th day of November, 2009. "
Land imposed the fine a month ago, citing repeated frivolous filings by Taitz in the suit, which was originally about a claim by Taitz's Army captain client that she should not have to follow deployment orders because Barack Obama is not legitimately president. In an interview with TPMmuckraker that same day, a defiant Taitz declared she would not pay the fine.
Taitz then appealed the fine, but it's not clear whether the appeal has been dismissed. Also not clear is how the US Attorney will collect the fine -- but we're trying to find out, and will let you know when we do.
Late Update: Pam Lightsey, spokesperson for the U.S. Attorney's Office in Macon, Georgia, sends along this statement:
We cannot comment on an ongoing case other than to say that we will follow the statutory provisions that dictate how debts owed to the government are collected.
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jolly ranchero
November 13, 2009 9:46 AM
This will not end well. She's borderline clinically crazy, who would never surrender a penny over to this gov't. They'll have to take the money by force, and I suspect it will be very ugly.
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SporeTen
November 13, 2009 10:02 AM in reply to jolly ranchero
Then she has one up on the gov't.
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bluestatedon
November 13, 2009 9:57 AM
The Feds should confiscate her supply of fake eyelashes. That'll bring her to her knees.
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greysells2
November 14, 2009 7:15 PM in reply to bluestatedon
I have no idea what will bring her to her knees. But money talks and fines talk faster especially if they are raised if she doubles down. Fines will bring her down.
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de TOQUEville
November 13, 2009 10:00 AM
What's her endgame? Become a 'martyr' for the birther/teabagger cause? 'Cuz I don't see how this can end well for her. Can she get disbarred for anything she has done so far?
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lousgirl84
November 13, 2009 10:02 AM in reply to de TOQUEville
She can be disbarred!!!
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CVille Dem
November 13, 2009 1:02 PM in reply to lousgirl84
She should be BEHIND bars! That is, in the locked ward of an insane asylum.
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stefsstuff
November 13, 2009 5:30 PM in reply to CVille Dem
That's exactly what she wants so she can claim martyrdom. I say just keep increasing the cost of the fine. Money always talks.
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lousgirl84
November 13, 2009 6:05 PM in reply to CVille Dem
Amen to that!!!
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greysells2
November 14, 2009 7:18 PM in reply to de TOQUEville
Being a martyr will not sell in the general population.
What's with the pseudo-sexy poses. You guys who think she is sexy, stay away. She's nuts.
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NuttyProf
November 13, 2009 10:00 AM
dont have much to say about this, except I can't stand those pictures of her
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NotaGOP
November 13, 2009 11:34 AM in reply to NuttyProf
The picture of her attached to yesterday's article might not be flattering, but it makes her look normal, unlike the "Wanna fornicate?" pose in the photo above.
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midnight rambler
November 13, 2009 1:01 PM in reply to NotaGOP
Actually, I thought the one yesterday, to use someone else's words, looked like a barely-passable "earthling" mask used by an alien. Which is not implausible, but made it even more unpleasant to look at.
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jcricket
November 13, 2009 10:01 AM
Take money by force? You make it sound like armed robbery.
All that is going to happen is that all of her bank accounts will receive legal claims against them for the $20K. If she has enough squirreled away, that will be the end of collecting the fine. If not, she likely will be arrested for contempt of court and spend time in the county jail.
Ugly? We've already seen her neurosis at work and it will be more of the same. S.O.S.D.D.
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Chilidog
November 13, 2009 10:47 AM in reply to jcricket
I'm sure they can slap a lien against her buisness assets.
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Bose
November 13, 2009 12:54 PM in reply to jcricket
Yup... and with these kinds of judgments, the bank receives a notice to take 100% of funds up to the $20K limit. No nice warnings ahead of time to Ms. Taitz, the money just disappears.
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The Commenter Formerly Known as NCSteve
November 13, 2009 2:39 PM in reply to jcricket
Nope. The bank accounts (which one would expect a sane person to have already cleared out) are just the first step. Next comes the U.S. Marshal dropping by her office with his roll of yellow police line tape to seize every lick of personal property in sight. They've probably als already done or are doing an examination of title records to find any realty she's got an interest in, which will be seized and sold if all the other stuff doesn't pay off her debt. And that's just scratching the surface.
When a federal judge tells the local U.S. attorney to go forth and execute on a judgment for sanctions, the U.S. attorney, who needs to stay in the court's good graces, damn well he'd better be diligent.
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calbearinillinois
November 13, 2009 10:02 AM
The effort at "appeal" is irrelevant to the obligation to pay the fine. Only if she had gotten a stay of the order - which she'd have had to seek in a seperate filing first with the Judge then with the Appeals Court - would she be able to avoid complying with the order.
The method for collection will be pretty standard, like any other debt collection. What will get interesting if she still refuses once they serve process, because that will be contempt and perhaps set up jail time.
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mcc
November 13, 2009 3:04 PM in reply to calbearinillinois
I keep thinking, Orly would be in so much better shape right now if she'd only had the sense to hire a lawyer.
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commie atheist
November 13, 2009 3:47 PM in reply to mcc
"She who is her own lawyer has a fool for a client." Never were truer words ever spoken.
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JNagarya
November 13, 2009 8:35 PM in reply to commie atheist
And a fool for a lawyer.
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commie atheist
November 13, 2009 8:49 PM in reply to JNagarya
Maybe she's just a fool for love.
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DonS
November 13, 2009 10:39 AM
Surely someone will set up an Orly Taitz Defense Fund. She is, after all, A True American Hero (registered trademark of the Republican Party).
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seashell
November 13, 2009 10:41 AM
Orly's going down with her ship. Yesterday, she said "absolutely not" when questioned on whether she will pay the fine. She said the Judge abused his power.
Pass the popcorn, please.
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tyrebitre
November 14, 2009 12:12 AM in reply to seashell
You are correct: in a recent interview, Orly stated: " I want to make two things perfectly clear: One, this ship is NOT sinking, and Two, I intend to go down with it."
You want butter and salt ?
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Gopherit
November 13, 2009 10:42 AM
I smell foreclosure proceedings. Orly will be living out of a box, and someone will get a house for $20K plus costs.
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toxophilite
November 13, 2009 12:14 PM in reply to Gopherit
Nah - just sell a couple of the lawn jockeys.
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MNPundit
November 13, 2009 10:42 AM
O RLY?!
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CityGuy
November 13, 2009 10:44 AM
And TPM STILL shows that sexy, come hither pose of hers. You are tempting us Justin!
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JNagarya
November 13, 2009 8:37 PM in reply to CityGuy
I've had more than enough cold showers -- I'm looking like a pickle -- and can't sleep nights.
TORTURE IS A CRIME AGAINST HUMANITY!
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Hermagoras
November 13, 2009 10:49 AM
Interesting dilemma. Orly's site (which she calls the "World's Leading Obama Eligibility Challenge Web Site") wants them some Pay Pal donations. Should supporters donate, thereby allowing her to pay, or refuse to donate, thereby sticking to principle?
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JNagarya
November 13, 2009 8:39 PM in reply to Hermagoras
I'm for sticking to principle. Then again, I'm an ethicist, not an Oily Tits supporter.
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Chilidog
November 13, 2009 10:50 AM
FYI, in a state appeals court in Indiana yesterday, the judge shot down one of the favorite birther arguments, the "two citizen parents" myth.
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commie atheist
November 13, 2009 12:14 PM in reply to Chilidog
"Wong Kim Ark" is obviously the name of an America-hating commie fascist.
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Schmed- ley
November 13, 2009 12:40 PM in reply to commie atheist
Probably an atheist too.
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JNagarya
November 13, 2009 8:41 PM in reply to Schmed- ley
And not W.Anglo-SaxonP. either.
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kirenos
November 16, 2009 6:54 AM in reply to commie atheist
"Wong Kim Ark" is not some advice-giving guru, but refers to the case "U.S. v. Wong Kim Ark, 169 U.S. 649, 18 S. Ct. 456 (1898)", which is cited as providing guidance.
/end-know-it-all-by-reading-the-link ;-)
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commie atheist
November 16, 2009 1:27 PM in reply to kirenos
Facts be damned! I say that with a name like that, he can't possibly be a Real American.
Signed,
Aloysius P. Schicklgruber
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Schmed- ley
November 13, 2009 12:39 PM in reply to Chilidog
I think this shoots down all of the birther arguments quite neatly. Those citations of Supreme Court cases pretty much makes anything they bring up moot.
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calbearinillinois
November 13, 2009 1:41 PM in reply to Chilidog
That's a pretty little straddle by the Court - gets to the heart of the issue while procedurally not getting into the particular facts. Unlike the Federal Court decision, it wasn't denied on standing or abstention grounds, which is an interesting choice. The only issue not ruled on the merits (which sadly would have to be done in a summary judgment ruling, not at the dismissal stage) is the whole Hawaii birth certificate issue.
Still, nice to see at least one major claim get shot down on its face.
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laffingby
November 13, 2009 10:58 AM
The US Attorney will put a lien on her Dental/Real Estate/Law practice. Let's hope that the California Bar takes action to revoke her license. She is a complete disgrace to the legal profession. What did they teach her at William Howard Taft School of Law? Paranoia? Total disrespect for the the role of the judiciary? She needs to be reminded that the mindless slurs she has made about Judge Land and others undermine respect for a nation ruled by law.
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barnacle
November 13, 2009 11:13 AM
I'm afraid that when the guy who is assigned to collect payment from Orly knocks on her door and she greets him with her sexy ways, he will be seduced into the birther family. What will be do then? I say give her a wide birth.
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NotaGOP
November 13, 2009 11:38 AM in reply to barnacle
That will only happen if they send a 50-year-old virgin who still hasn't learned there is free porn on the Internet. Anyone else will respond as if they found a dead mouse.
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Chilidog
November 13, 2009 11:55 AM in reply to NotaGOP
Wouldn't that be a dead "cat?"
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NotaGOP
November 13, 2009 6:40 PM in reply to Chilidog
Are we being catty about her?
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Prup (aka Jim Benton)
November 14, 2009 12:51 PM in reply to Chilidog
I have been requested to pass on the following message.
"We highly resent this comparison, since no member of our species, even as a kitten, could possibly act in the way she does. And we have been informed -- through the Intercat -- that several outdoor members found the comparison to a dead mouse upset their stomach and put them off their food for hours. Please retract these comparisons.
"P.S. we would even find it offensive to compare her to those floppy eared barking creatures, who may share her stupidity, but have a quality of likability she totally lacks"
(signed) Kittenz, Captain Puddles, Tiki (Mystique), and Quint the Quintessential Cat
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midnight rambler
November 13, 2009 1:08 PM in reply to barnacle
A wide birth? Ewww....
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barnacle
November 13, 2009 1:51 PM in reply to midnight rambler
Yes, I absolutely intended that to be a pun (not!).
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commie atheist
November 13, 2009 3:43 PM in reply to barnacle
You need a really wide stance for a wide birth.
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tyrebitre
November 14, 2009 12:19 AM in reply to commie atheist
Shouldn't that be a "wide birf'" ?
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neesy08
November 13, 2009 12:35 PM
she has a dental pratice. that could be seized for the collateral.
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richard f
November 13, 2009 1:31 PM in reply to neesy08
You can't really seize a dental practice since the worth of the practice is her services and she can't be forced to work. What they can do is the things that are options in any collection action (1) record a lien against any real or personal property in her name (2) have her appear at a judgment debtor exam where she will be questioned about her assets (and where a warrant for her arrest issues if she fails to appear (3)get an order whereby any receivable owed to her must be paid to the government - only effective if you know who owes her money (4) put a keeper in her dental office so that any monies paid get paid to the keeper for transmittal to the government (rarely effective) or (5) seize any physical assets she has that are not subject to exemption under the judgment execution laws.
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tiowally
November 13, 2009 12:35 PM
Don't Taitz me, bro'.
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greylox
November 13, 2009 4:20 PM in reply to tiowally
**LOL!
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XL
November 13, 2009 1:59 PM
There is already a Bar Complaint with the California State Bar Association that was filed about a couple of months ago. Now that the court case is over, the disciplinary counsel will kick the investigation into full gear. Under the Rules of CSBA, attorneys must treat courts, their judges with respect. Taitz was extremely disrepectful with her disregard of the court rules and her press conferences accussing the judge of treason because he would not rule in her favor. Never mind that she did not put forward a single legal authority to support her position (not that any exist but she did not even try in her briefing. There is also the even bigger issue of attempting to get witnesses to comit perjury - another sanctionable offence. I hope the California Bar acts swiftly to get this person out of the profession. She is an embarrassment to all of us in it.
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richard f
November 13, 2009 3:06 PM in reply to XL
Disbarment won't be quick. There is a huge backlog regarding investigation of complaints against lawyers in California (one of the reasons, besides lack of funding for the bar, is shady attorneys offering debt and foreclosure relief and complaints related to this). She deserves to be disbarred but her case is going to be low on the State Bar's priority list.
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Chilidog
November 13, 2009 3:56 PM in reply to richard f
I do beleive that she may be involved in some of that action as well. She is Charles Lincolns legal sock puppet and he is definitely still working his scams.
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JEP07
November 13, 2009 2:16 PM
Palin/Taitz, 2012!
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trent1280
November 13, 2009 2:36 PM
They will start by auctioning her dental chairs, then her FOX News memorabilia, and end with her Bill O'Reilly voodoo doll.
That should bring in a pretty penny.
Then, having been disbarred, found guilty of trafficking in forged documents and of suborning perjury, she will be deported like the subversive she is back to her native Russia.
Great days!! Nazdarovya!
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Redwood Rhiadra
November 13, 2009 2:55 PM in reply to trent1280
She can't be deported - she became a US citizen in 1992. Jail time, of course, is in the cards.
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Just Browsing
November 13, 2009 3:38 PM in reply to Redwood Rhiadra
Do you have a source for her citizenship status or just her word?
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Parallax857
November 13, 2009 4:04 PM in reply to Just Browsing
I demand to see her naturalization papers. Originals. Otherwise, I'm filing suit to have her deported. In several courts. When the judges dismisses my case for lack of standing, I'll slander them in public. When the State Bar files disciplinary action against me, I'll . . . I'll . . . do something!
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JNagarya
November 13, 2009 8:49 PM in reply to Parallax857
Nothing less than the "long form" naturalization papers.
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Redwood Rhiadra
November 14, 2009 3:09 AM in reply to Just Browsing
My source was Wikipedia, which cites the Orange County Register (newspaper), which doesn't cite their source for this particular piece of info - that kind of background info is usually the result of some intern crawling through records...
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commie atheist
November 13, 2009 4:15 PM in reply to Redwood Rhiadra
A naturalized citizen can be stripped of citizenship and deported, under extreme circumstances. It happened to Emma Goldman.
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JoeTheMechanic
November 13, 2009 3:14 PM
Orly Taitz is big money. The 20 grand is an investment.
Book deals, movies, speeches, commercials
The Orly Taitz Legal Defense Fund.. etc.
Now, at the risk of sounding sexist, could somebody please explain to me how a female is able to project the look of "I'm a pump fuck titty milk bitch she-male in heat."
Where do they learn this shit?
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Kuyleh
November 13, 2009 3:43 PM in reply to JoeTheMechanic
I think some women are just born knowing how to do it.
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JoeTheMechanic
November 13, 2009 3:55 PM in reply to Kuyleh
uh.
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Richard in SanJo
November 13, 2009 4:44 PM
The photos! The Horror! The Horror!
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stefsstuff
November 13, 2009 5:29 PM
She called for a protest in NYC outside of clusterfocks and against Billo. I believe it was yesterday, and only one person showed up - her!
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JNagarya
November 13, 2009 8:51 PM in reply to stefsstuff
How can she be in more than one place at one time when she's not anwhere at all?
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SGzaphod
November 13, 2009 9:04 PM
Bose has it right. It's actually a pretty simple, non-dramatic, but extremely effective process. The US attorney will get a list of all bank accounts, including balances, that she's a signatory to. This will include personal accounts, joint accounts with her husband, business accounts, her paypal account, etc. If there's enough in any one account to settle the fine, they'll issue an order to that bank to immediately transfer $20K to the court (and no US bank would even consider not complying with this order) and the matter will be over. If there isn't sufficient funds in all her accounts, they'll issue an order to all of them* to transfer the entire balance to the court, and continue transferring all deposits to them until they either transfer a total of $20K, or they're ordered to stop. Realistically, she probably has enough spread out across her personal checking, any savings, and business accounts to settle the fine. It will just seriously screw up her personal finances and possibly her dental practice.
Someone mentioned that "any sane person" would have cleaned out the accounts by now. Orly isn't sane, and she really has no idea how the US court system and legal systems work. I honestly doubt she's taken any precautionary steps, because she doesn't think the courts can do anything unless she lets them, and she probably thinks that the appeal automatically stays the sanction. I suspect she's in for a rather rude awakening about the power of the legal system she's been playing about in.
In the unlikely event that there are really are no monetary assets they can seize to settle the fine, the US Attorney's office will move on to other assets. They'll start with vehicles, because these are easy to auction, then move on to other movable assets that can be quickly auctioned. Finally, they'll seize real estate if necessary. I doubt it would get to that stage because even at 10 cents on the dollar, she seems to have enough assets (cars, dental chairs, furniture, etc.) to settle the $20K.
* the one account the US Attorney would leave alone is her client trust account, because that's not considered her money. And in her case, I kinda doubt she has any clients on retainer anyway.
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Tired but amused old law professor
November 13, 2009 11:44 PM
"Bose has it right. It's actually a pretty simple, non-dramatic, but extremely effective process."
I'm sure Orly will find a way to make it less than "simple and non-dramatic." But in the end, she will only succeed in creating more sound and fury on the way down. She didn't request a stay of proceedings pending her appeal; therefore, she has no legal recourse when they come to seize her bank accounts and property. She'll shriek, as usual. And her few remaining followers will dutifully shriek along with her. But if she's too stupid to know basic law, she has no business being a lawyer. It really IS as simple as that!
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SGzaphod
November 15, 2009 5:41 AM in reply to Tired but amused old law professor
"But if she's too stupid to know basic law, she has no business being a lawyer. It really IS as simple as that!"
Exactly. Very well said (expected from a seasoned law professor, but appreciated nonetheless).
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higgsboson
November 14, 2009 7:27 PM
the birthers claim that the constitution says only natural-born citizens are eligible to become President. Does this mean that a child born in, say, Topeka, kansas, whose ancestry consists of 2 dozen generations of US citizens born in Kansas is disqualified if the said child was born by C-section?
:-) :-)
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Leftflank
November 15, 2009 12:41 AM
Orally blows goats! We have proof.
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Anasazi
November 15, 2009 11:20 PM
If you ever wonder what it was like to live in Stalin's Russia, wonder no longer. Orly Taitz and her ilk are gargoyle reanimations of the beast that was Stalin. Lies make it possible for them to live in their resurrected world of fear and inhumanity.
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