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When the people fear their government, there is tyranny.
When the government fears the people, there is liberty.
-- Thomas Jefferson

During times of universal deceit, telling the truth
becomes a revolutionary act.  -- George Orwell

First they ignore you, then they ridicule you, then they
fight you, then you win.  -- Mahatma Gandhi

Bob, that’s exactly what I argued in the first place, it was a farce, it was shameless

Posted on | October 30, 2009 | 6 Comments

Bob
crua@excite.com
118.165.98.128

This whole “trial” held was illegal in the first place and thus the motion to dismiss was illegal. Let me explain :

Remember, the first hearing was for a default judgment. Therefore he had to follow Rule 55 of the Federal Rules of Civil Procedure:

“In all other cases, the party must apply to the court for a default judgment. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 3 days before the hearing. The court may conduct hearings or make referrals — preserving any federal statutory right to a jury trial — when, to enter or effectuate judgment, it needs to:

(A) conduct an accounting;

(B) determine the amount of damages;

(C) establish the truth of any allegation by evidence; or

(D) investigate any other matter.”

So all he was empowered to do at that hearing was either grant the default ( which he didn’t ), deny the default ( which he didn’t ) or conduct hearings or make referrals when, to make a judgement, it needs to establish the truth of any allegation by evidence or investigate any other matter. Thus, I don’t think he had the right to set a trial date. As a result, the government had NO RIGHT to file a motion to dismiss. Therefore by ruling to dismiss , he is in error since they should not have been allowed to introduce one anyway. This should have be an investigative hearing on evidence, by the judge, in order to determine if default judgement should be granted. By the Federal Rules of Civil Procedure, he was not empowered to do anything else.

It was a clever ploy by the judge to try to get around not granting the default on the basis it was not served properly. He knows he would have lost that one in an appeal, since by the Federal Rules, he was served properly. That left granting the default – which he didn’t want, or holding a hearing on the evidence ( which would have required some discovery ) which would be just as bad as holding a trial, because the defense could not file a motion to dismiss in a hearing on the evidence. By moving to an illegal “trial”, the judge gave himself an out.
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Comments

6 Responses to “Bob, that’s exactly what I argued in the first place, it was a farce, it was shameless”

  1. will
    October 30th, 2009 @ 12:33 am

    thats what i thought too… he bypassed the law.. an appeal should have been filed… and i am wondereing if its to late to do just that? these people are playing with our law and our freedom… and its got to be stopped
    will

  2. Bob
    October 30th, 2009 @ 1:13 am

    One other misleading statement the Judge makes :

    “While the original complaint in this matter was filed on January 20, 2009, Defendants were not properly served until August 25, 2009. Taitz successfully served Defendants only after the Court intervened on several occasions and requested that defense counsel make significant accommodations for her to effect service.”

    He never made a ruling on whether or not the y were properly served. In fact, when the filings for the request for default judgment were made, the judge kept on refusing the request saying that service was improper and pointing to the wrong section of the Federal Rules to support his decision. When it was pointed out to him in the final appeal that he was wrong in the section of the Federal Rules that he was pointing to and that the correct section ( service for acts not committed in official capacity ), he reluctantly granted the hearing. The reason for the August 25 service was at the “suggestion” of the court to please the government so that there would not be endless appeals. The August 25 submission DOES NOT mean the Jan 20 one was improper !!!

  3. will
    October 30th, 2009 @ 2:47 am

    COULD ORLY still argue this point and appeal to the appealate courts to make this judge abide by the default?
    will

  4. Taylor
    October 30th, 2009 @ 6:57 am

    Dr. Taitz and Bob,

    Could someone clarify what all of this means for us laymen out here? Am I correct to assume there is recourse based upon judicial error? Dr. Taitz, while sitting around thinking about the difficult road ahead I had an epiphany; lawsuits seem to be going nowhere and taking a very long time although I know that you can win!

    My thinking is this, since you have been affectionately named the “Queen of the Birthers” you need help from us turning up the heat on several fronts. The first front would be to use alternative media outlets (atlah.org and many others) to continue to get the word out about this USURPER and his small minded minions and their plans for America. By doing so, this will keep the issue and create unbearable pressure as the issue will not die.

    Secondly, isolate and target the money men such as Soros for SEDITION, TREASON, and INSIDER TRADING, information to be found from past and recent interviews and SEC documents. The idea is that the money flow behind the USURPER is also the “handler(s)” and have to be tied up in court which will cause resources, lawyers, and clerks to be shifted where needed and away from BHO.

    Thirdly, attack Congress relentlessly, every Bill, action, and individual subverting our freedoms through the legislative process. Lawsuits should and need to be filed immediately against John Conyers, Chris Dodd, Charlie Rangel, and Barney Frank, to name a few. There is more than enough to prosecute these guys but they will receive a free pass if the citizens don’t file suit because the ethics committee will not ever get rid of a “Demoncrat” but will demand the immediate resignation of a Republican.

    The fourth idea would be to gather intelligence on the judges and clerks before heading into their courtrooms and being blindsided by uncanny coincidences, political and social affiliations, and investments. All which affect the outcome of decisions we have recently seen exhibited.

    Lastly, Dr. Taitz, in order for to fight and win against an enemy you have to assume your enemy’s mindset. Therefore, you must be just as savage and ruthless as your enemy in order to win so that eliminates the political correctness and being cordial to the media. This message should be understood by all in this movement that the proverbial “gloves” have come off and its time to get down right nasty!

    Orly, if you go this route then I am sure “we” will be glad to pitch in and donate to turn up the heat and place the ultimate pressure on the USURPER until he cannot withstand it any longer! I have been in contact with friends that are peeking in on your site and have jumped on board and I ask the hundreds and thousandths of followers to talk to at least 10 people every day and send them to this site. Afterwards, have the 10 people to do the same so “we” become so informed and so large in numbers “we” cannot and will not be denied again for a lack of public display and support for this action! Orly, you have fired the first shot across the bow and I hope my words will inspire many of us to get off the sidelines and start to put in work and make this a full-time effort before its too late! Please feel free to contact me if you need me to help out in any way. There’s not much I may be able to help with but I can certainly assist where I can because I want my children to inherit a better country than I received from my parents. This is a generational ideology passed down from the founding fathers to modern day; leave your kids a better country than you received from your parents. I certainly don’t want to explain to my kids why I did nothing to preserve their freedoms and God given rights!

    Mahalo,

    Taylor

  5. Donna Morganti
    October 30th, 2009 @ 8:29 am

    Would it be possible for each and every one of us to join this case? I mean, thousands upon thousands of people, instead on 38-40. We COULD make a difference!

  6. bacsi
    October 30th, 2009 @ 3:29 pm

    Taylor and Donna:

    Orly needs support through donations to cover legal expenses such as filing fees and related traveling expenses, we should also try to compensate her for all the working days lost from her practise in pursuing this cause of getting our county back. She also needs hundreds and thousands of patriots to get out there in the streets: when ever there is a hearing, motion, or trial she has to attend pack that courthouse with peaceful supporters, surround it with hundreds and thousands of peaceful protestors with homemade picket signs like the ones at the 9/12 DC rally. For sell-outs like Land and Carter put pickets on the entrances and exits of their courthouses 365. Boycott all businesses that do business with these traitors. Ostracize them until they turn tail and crawl in a hole some where.

    Let Orly carry the standard and rally around. Organize folks – Organize and get out there on the streets in peaceful assembly.