Tag Archives: lawsuit

Orly Taitz Gets Carried Away, Again! Sues Post Office!!!

MonsterOnTheCampus photo

It Became Pretty Obvious That Lots Of Wild Hairs Had Got Stuck Up Her . . . uh . . . Nightgown

Well, Orly Taitz is at it again!  According to her website, she is suing the Post Office again. Here is the link:


Here are few excerpts:

Press release: New action is being filed: FOIA seeking information of any and all actions by the postmaster general in light of the complaint by Attorney Taitz about Obama’s use of a fabricated postal stamp on his bogus Selective Service registration

Law Offices of Orly Taitz

A new legal actions is being filed.

A year ago, in 2012,  Attorney Orly Taitz filed with the Postmaster General and Inspector General of the Office of the Postmaster General a complaint, which provided them information of Barack Obama using a fabricated postal stamp in his bogus Selective Service registration.

For a year Postmaster General did not take any action. Taitz filed a FOIA demanding information, demanding to know what action was taken in relation to the evidence submitted by Taitz, which showed a fabricated postal stamp in Obama’s bogus Selective Service certificate. Postmaster and Inspector General dd not respond. Taitz filed a complaint with the U.S/ District Court. what we have here is nothing short of treason: senior officials are engaged in a RICO enterprise in covering up Obama’s forged IDs.

More information to follow. Donations to cover expenses are greatly appreciated and can be given on OrlyTaitzESQ.com. . .

At the link are 40 pages of what appears to be the evidence and exhibits for the new law suit. I have downloaded them and pdf’d here, because her viewer is difficult to use and read.  Most of it seems to be Cold Case Posse papers and Affidavits which were previously submitted in her FOIA requests :

Taitz FOIA-Postmaster-General1

All I have to say is “Thanks a lot, Orly!” My check from George Soros already takes three days to get here, and then another eleven days to clear my bank, because it has to come all the way from Budapest. Now it is going to be slowed up even more while postal employees scour their offices for a 40+ year old postal stamp that is probably in a garbage dump somewhere under 30 years of old TV dinners, rusty beer cans, and moldy polyester leisure suits.

If the damn document was forged, then the forger probably got rid of it.  If it wasn’t forged, then what you have is a 40+ year old broken rubber stamp. What makes her think that 40+ year old office supplies are still sitting around somewhere, and if only the Post Office executives wanted to, they could just lay their hands right on the stuff???

Complete silliness.

Squeeky Fromm
Girl Reporter

Note 1. The Image. This is from the 1958 sci fi thriller, Monster on the Campus. This is where Troy Donahue got his big start in films. Wiki says:

Monster on the Campus (Monster in the Night and Stranger on the Campus) is a 1958 American science fiction/horror film, released by Universal Pictures. The film was the last of Universal’s science fiction monster films released before Island of Terror (1966). Monster on the Campus was directed by Jack Arnold and from a script by David Duncan.

Professor Donald Blake (Arthur Franz) acquires a newly-discovered coelacanth. He begins to examine the find and is exposed to its irradiated blood. This turns him into a murderous Neanderthal monster that terrorizes the campus. Troy Donahue appears as a college student, a speaking part.

I fantasize that the USPS has a spare coelacanth sitting around, and . . .


All Right Fred, Put It In The Shipping Box With No Return Address. After Three Days In The Hot Sun, Make A Special Delivery To Orly Taitz’s House, And After She Leaves For Work, Cram It Through The Mail Slot!

Note 2. Wild Hairs. There is an idiomatic slang expression, “Have a wild hair up one’s [butt]” which means:

Slang Dictionary

have a wild hair up (one’s) definition

  1. tv.
    to act in a hyperactive and energetic manner. (Usually objectionable.) : She has a wild hair up her ass about something. I don’t know what.
  2. tv.
    to be obsessed with some strange or offbeat idea. (Usually objectionable.) : You’re acting like you’ve got a wild hair up your ass. Calm down.

Dictionary of American Slang and Colloquial Expressions by Richard A. Spears.Fourth Edition.
Copyright 2007. Published by McGraw Hill.


Cheap Kentucky Birther Doesn’t Want To Pay To Play!!!

When It Came To His Wallet, Todd House Suddenly Knew His Rear End From A Hole In The Ground

The Obama Ballot Challenge blog reports that the Kentucky Birther,  Dr. Todd House, decided to drop his silly little DIY Birther lawsuit when the court told him he could end up paying for the other side’s lawyer.  Here is an excerpt:

(Click on Image to enlarge.)


You see, that is the thing about frivolous lawsuits. They’re only fun when you don’t have to pay for the other guy’s lawyer. The way things work with Rule 11, (See Note 2 below.) is that a party has this duty:

The signature of an attorney or party constitutes a  certification by him that he has read the pleading, motion or other paper; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of  existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

That is NOT a really high bar. All you have to do is have a sensible case based on a reasonable reading of the law. But Dr. House must have figured he stood to lose under this standard. Sooo, he exercised some good sense and got out while he was ahead. What this shows is that House knew darn good and well that he had filed a frivolous suit and just didn’t want to pay the price.

What a scoundrel and what a cheapskate. What was that sanctimonious crap he was spewing a few weeks ago (See Note 3 below.):

I am not a “birther.” I am a constitutionalist.

The Constitution either means what it says or is relegated to the dustbin of history. The U.S. Supreme Court has the imperative duty to resolve the issue of “natural born citizen” once and for all. This is an intellectual, legal and historical question that is very pertinent today.

Seasoned and brilliant legal scholars share sober opinion on both sides of this debate. It is, then, plainly clear that the U.S. Supreme Court should be presented this case so that a final answer can be had. My effort intends just and only that.

Yeah. Sure.  What really happened is that the little narcissist got some attention and then hauled buns before the bill came due.

Squeeky Fromm
Girl Reporter

Note 1. The Image. This is Milo Winter’s illustration of Aesop’s Fable about the Miser.

A Miser had buried his gold in a secret place in his garden. Every day he went to the spot, dug up the treasure and counted it piece by piece to make sure it was all there. He made so many trips that a Thief, who had been observing him, guessed what it was the Miser had hidden, and one night quietly dug up the treasure and made off with it.

When the Miser discovered his loss, he was overcome with grief and despair. He groaned and cried and tore his hair.

A passerby heard his cries and asked what had happened.

“My gold! O my gold!” cried the Miser, wildly, “someone has robbed me!”

“Your gold! There in that hole? Why did you put it there? Why did you not keep it in the house where you could easily get it when you had to buy things?”

“Buy!” screamed the Miser angrily. “Why, I never touched the gold. I couldn’t think of spending any of it.”

The stranger picked up a large stone and threw it into the hole.

“If that is the case,” he said, “cover up that stone. It is worth just as much to you as the treasure you lost!”

MORAL: “A possession is worth no more than the use we make of it”


Note 2. Kentucky Rule 11.

Kentucky Rule 11

Note 3. Link.


Indiana Judge Says Orly Taitz’s Case Really Stinks???

Well, It Was A Reeko Case. . .

Well, this sounds like a really great story, but I can’t find any confirmation for the judge’s actual statement.  Maybe this is an exclusive or something??? Nothing personal, but I refuse to pay for the privilege of perusing The Post & Email.  Anyway, here is the part I got to read:

(Click on Image to enlarge.)


This is in line with what all the FogBow Secret Agents at the hearing said about Taitz’s case, that it was pretty strong and really stank up the place.  The judge went on to deny Dr. Taitz’s request for an injunction based on the lack of any evidence. Also see here:


On a side note,  I wonder how that pay to read stuff is working out for Ms. Rondeau??? I bet Nigerian email scammers would pay a pretty penny for her subscriber list. And marketers of anti-psychotic medications. That must be where the REAL money is. A list of VGP’s (very gullible people) would have a lot of value to some less than scrupulous sellers.

Squeeky Fromm
Girl Reporter

Orly Taitz Cracks Up In Indianapolis!!! (A Prediction) UPDATED

Orly Taitz Learned Once Again That Her Formula Was All Wrong

Dr. Orly Taitz, Esq. has been such a buzzsaw of activity lately that I can barely keep up with all her activity. Later today, she appears in Judge Reid’s court in Indianapolis. I think the only thing on the docket is an emergency hearing for injunctive relief:

Law offices of Dr. Orly Taitz

Honorable Sherry K. Reid granted a motion by Attorney Orly Taitz to conduct an emergency hearing for injunction preventing Candidate for the U.S. President in 2012 Barack Hussein Obama to be on the ballot in the State of Indiana due to fraud committed by Obama and due to his use of forged IDs.

Barack Hussein Obama, aka Barack (Barry) Soetoro, aka Barack(Barry) Soebarkah, a citizen of Indonesia and possibly still a citizen of Kenya, committed fraud by submitting his candidacy to be on the ballot in Indiana and other states, as he is using a forged birth certificate, forged Selective Service certificate and a stolen Connecticut Social Security number 042-68-4425 as a proof of his identity.


Taitz doesn’t have enough ammunition to make a case, much less enough to merit injunctive relief. I predict she will crash and burn. She and the Birthers will blame the judge as usual.

The blog, Oh For Goodness Sake, points out that Indiana has an anti-SLAPP law, and since Taitz has sued  a radio station and its talk show host,  she may be looking at paying their attorney’s fees.


UPDATE: According to FogBow observers, Judge Reid denied Orly Taitz’s Motion For Injunction because of a lack of evidence. Therefore, this is no longer a PREDICTION, but FACT.    


Squeeky Fromm
Girl Reporter

Note 1.  The Indianapolis 500. Car racing is really not my thing, but I know they have a big race every year in Indianapolis. Wiki says:

The Indianapolis 500-Mile Race, also known as the Indianapolis 500, the 500 Miles at Indianapolis, the Indy 500 or The 500, is held annually over the Memorial Day weekend, the last full weekend in May, at the Indianapolis Motor Speedway in Speedway, Indiana. The event lends its name to the IndyCar class, or formula, of open-wheel race cars that have competed in it.

The event, billed as The Greatest Spectacle in Racing, is considered one of the three most significant motorsports events in the world. The official attendance is not disclosed by Speedway management, but the permanent seating capacity is more than 257,000 people, and infield seating raises capacity to an approximate 400,000.

Which explains the Caption. The Image is of somebody named Vitor Meira, who didn’t die in this 2009 wreck. There were some really good pictures I found, but they were of fatal wrecks, so I didn’t think it was right to use them just to poke fun at Orly Taitz.

Vermont Saps At Sea!!! (Or, A Week Case???)

Frantic, Apuzzo And Paige Show The Washington Times National Weekly Ad To An Uninterested Judge

Oh My!  Vermonter H. Brooke Paige and his putative attorney, Mario “The Mangler” Apuzzo, Esq. nearly set a record for how quickly their Birther lawsuit seeking to keep Obama off the ballot got denied by the court. The lawsuit was filed on September 5, 2012 but did not hit the news until September 17, 2012.

Less than a week later, by Friday, September 21, 2012, Judge Robert Bent had already denied the injunction. These excerpts are from the Burlington Free Press:

H. Brooke Paige of the town of Washington had asked the Vermont Superior Court in Montpelier for an injunction to stop distribution of the ballots. Paige contends Obama is not a “natural born citizen” as required by the U.S. Constitution because his father was not an American citizen at the time of Obama’s birth.

“The court has been presented with a radically insufficient basis on which to issue a temporary or even a preliminary injunction,” Judge Robert Bent wrote in a four-page ruling issued late Friday afternoon. [Sept. 21, 2012]

Bent, however, signaled that he thinks there is little evidence to support Paige’s claim that Obama is not a “natural born citizen,” noting the jurists in a number of other states had reviewed that issue and rejected it.

“The myriad versions of the claim that President Obama is ineligible for office because he is not a ‘natural born citizen’ have been litigated throughout the country exhaustively,” Bent wrote. “They have never succeeded, usually on standing or jurisdictional bases.”

The full story is here:


I will post a copy of the 4 page decision as soon as it is available.  I am not sure if the case in chief goes on or not.  Paige seems to think it does. All in all, this does not speak well about Apuzzo’s legal abilities. The Article II Constitutional Expert’s opinion on natural born citizenship got disrespectfully whomped upside the head before the lawsuit was even served on Defendant Obama.  Shouldn’t an expert win a case every once in a while??? Anyway, I guess Mario Apuzzo needs to update  his Curriculum Vitae:

Apuzzo CV

As far as H. Brooke Paige, I wonder if he will say to Apuzzo, “Well, here’s another nice mess you’ve gotten me into!”

Squeeky Fromm
Girl Reporter

Note 1. The Image. This is from the 1940 film, Saps At Sea, starring Laurel and Hardy. Wiki says about the film: Wiki says:

Stan and Ollie work in a horn factory, where Ollie is sent home after developing “hornophobia” and starts going crazy each time he hears horns or horn-based musical instruments. A physician (Jimmy Finlayson) is called to treat Ollie and, warning Ollie that he could develop a more serious condition, “hornomania,” he prescribes a relaxing boat trip and goat’s milk. Ollie dismisses the idea because he is afraid to sail on the ocean, but Stan prescribes an alternative: they will simply rent a boat and keep it attached to the dock, getting all the sea air they can while never actually going out to sea. When Stan’s trombone teacher arrives and Ollie hears the music and throws the teacher out, he knows he should take that advice.

Stan and Ollie rent an unseaworthy boat called Prickly Heat that is supposed to stay moored to the dock. An escaped murderer named Nick Grainger stows away on the boat to avoid being caught by the police. The goat which they have brought to provide milk chews away at the docking line and overnight the boat drifts out to sea. Nick confronts Stan and Ollie with a gun (which he affectionately names “Nick Jr”) and tells them to make him breakfast. They have no food on board, so they decide to prepare Nick a “synthetic” breakfast made up of string, soap and whatever else they can find. Nick spies on them and realizes what they are up to, and forces them to eat the fake food. Stan becomes inspired and starts to play his trombone. Ollie starts to go crazy and overcomes the criminal.

Here is a short clip, dealing with an “expert.”

Note 2. The Title. Saps is a reference to Vermont, which is famous for it’s Maple Syrup. But it also means a “sucker.” “At Sea” is an idiom which means:

(all) at sea (about something)

Figuratively, to be confused; to be lost, confused, and bewildered. (Alludes to being lost at sea.) When it comes to higher math, John is totally at sea.

The Caption, is a reference to the ridiculous ads run by CDR Kerchner, Apuzzo’s original Birther patron. The ads are full of false legal theory. You can always find them at ObamaReleaseYourRecords. Here is an example:

Bad Ad

Note 3. The Apuzzo Curriculum Vitae. This originally appeared back on April 1, 2012, here:


Mississippi Court Does NOT Put Orly Taitz Out Of Her Misery!!!

How art thou out of breath when thou hast breath to say to me that thou art out of breath? Is the news good or bad, answer to that.

Well, what a strange day!  I don’t mind admitting I guessed wrong about what would happen in the Mississippi Birther lawsuit. A few hours ago I predicted that Judge Henry T. Wingate would go ahead dismiss the whole mess and send Dr. Orly Taitz, Esq. packing. But he didn’t. First, he denied her Motion to Remand, which would have sent the suit back to state court. Because Taitz made a Federal RICO claim, the Defendants have the right to be heard in federal court as opposed to state court.

In short, Taitz screwed herself by filing this Amended Complaint, posted by Jack Ryan of the Fogbow:



Ironically, some part of the RICO/Amended Complaint thing came about because Taitz wanted to add in Defendants from certain websites, like Fogbow, who teased her and were a thorn in her side:

(Click on Image to enlarge.)

Judge Wingate gave her three weeks to properly serve the remaining Defendants in the case. At that time, the Defendants would have time to answer the Complaint.  Then, the Court would hear the Defendants’ Motions For Judgment on the Pleadings, which will result in dismissal. Oh For Goodness Sake has the first hand reports from Fogbow secret agents:


In Update 1 to that article, we find:

Taitz is going to try to serve other defendants (those she has named) but the judge also reminded her that she might be multiplying the litigation and could be sanctioned under 28 U.S.C. sec. 1927. I’m not sure Taitz heard or understood any of that.

This is the same statute which recently resulted in Birther attorney Van Irion being socked for more than $20,000.00 in costs. And the Court was being nice in that one by cutting back his exposure to some degree.  I warned Taitz about this possibility in an earlier Internet Article:


This is what sets up the terrible damned-if-she-does and damned-if-she-doesn’t scenario. If Taitz serves the other Defendants with what is obviously a frivolous Complaint, she only increases the potential financial costs to herself. If she doesn’t serve them, then she risks getting dismissed as soon as the Defendants Motions are heard.

I would not be surprised to see her file another Amended Complaint, this time without the Federal RICO claim.  If it flies, this would take her out of federal court, and away from the 28 U.S.C. sec. 1927  penalties. If not, the attempt to get away could even raise the costs. The Court could have put her out of her misery today, but chose not to.

Is that a good thing???

Squeeky Fromm
Girl Reporter

Note 1. The Image. This is from the 1924 film, The Silent Flapper.


As Wiki notes:

The film was made in the wake of the tremendous hit Flaming Youth. Originally intended to reunite the cast and crew of Flaming Youth, not everyone was available. The film was made as a comedy with dramatic undertones, while Flaming Youth had been a drama with comic aspects. To cash in on the popularity of Colleen’s “flapper” character, the word “flapper” made it into the title. An additional draw was that the film showed a lot of skin.[1] Sydney Chaplin was, of course, Charlie’s older half-brother. The film was generally well-received as good light entertainment: “…you have been entertained and not caused to think too much.”[2] The film did not match the popularity of Flaming Youth.(An accounting of the earnings of Colleen’s pictures dated December 31, 1928 lists to total earnings,of Flaming Youth ($798,777 by 1928). The Perfect Flapper earned $531,008.56.[3]

Note 2. Flap-Flapper

Flap means:

A state of agitation; a panic
– they’re in a flap over who’s going to take Henry’s lectures

Flapper means:

1. (in the 1920s) A fashionable young woman intent on enjoying herself and flouting conventional standards of behavior

2. A thing that flaps, esp. a movable seal inside a toilet tank
– flush the tank to make sure that the flapper is not dropping

The Sound And The Fury!!! (Or, Stomping Your Feet In Some Mississippi Mud)

I Seed De Beginnin, En Now I Sees De Endin

Tomorrow the Birther Circus comes to Mississippi, led by Dr. Orly Taitz, Esq. and a pack of zanies. They will be putting on a special show at the United States District Court building, in beautiful downtown Jackson. I am sure there will be foot stomping, and bizarre antics. Maybe something like this, with a jackass and a flying monkey:

However, most of the action will occur after the performance, which I predict will be cut short when the Honorable Judge Henry T. Wingate grants the Defendants’ Motions for Judgment on the Pleadings.

Here are the items on the docket for tomorrow’s hearing, with some additions by me to clarify who filed the Motion:

Motion Hearing set for 9/24/2012 09:30 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate (TRS)

Docket Text: NOTICE of Hearing on Motion

[40] Plaintiff Orly Taitz’s MOTION to Expedite; MOTION to Expedite the case due to US National Security Concerns and Evidence of the Highest level of Breach of the U.S. National Security presented in this case, filed by Orly Taitz. (Attachments: #2 Exhibits 1 – 19 in Support, #2 DVD Video Transcript by Arpaio)(ND) (Entered: 08/22/2012)

[8] Defendant Mississippi Secretary of State’s MOTION for Judgment on the Pleadings; MOTION for Judgment on the Pleadings by Secretary of State of Mississippi (Matheny, Justin) (Entered: 04/27/2012)

[15] Defendant Mississippi Democratic Party’s MOTION for Judgment on the Pleadings; MOTION for Judgment on the Pleadings by Democrat Party of Mississippi (Attachments: #1 Exhibit LFBC from WHite House, #2 Exhibit COLB from Campaign, #3 Exhibit DOH Verification re White House BC, #4 Exhibit Hawaii Gov April 27 2011 News Release, #5 Exhibit DOH White House Correspondence, #6 Exhibit DOH 08-93 News Release, #7 Exhibit DOH 09-063 News Release, #8 Exhibit CDC Report re Birth Certificate History)(Begley, Samuel) (Entered: 05/04/2012)

[11] Plaintiff Orly Taitz’s MOTION to Dismiss MOTION for Sanctions; MOTION (Demand) for Immediate Termination of Unlawful Proceedings in the Federal Court and MOTION (Demand) for Sanctions against the Defendant Secretary of State and Defendants Attorney, filed by Orly Taitz. (ND) (Entered: 04/30/2012)

[20] Plaintiff Orly Taitz’s MOTION to Remand to State Court; MOTION to Remand to State Court, filed by Orly Taitz. (Attachments: #1 Certified Mail Receipts)(ND) (Entered: 05/11/2012)and

[24] Plaintiff Orly Taitz’s MOTION to Stay Case. MOTION for Stay, filed by Orly Taitz. (Attachments: #1 Exhibit 1 – USCA General Docket)(ND) (Entered: 05/16/2012)

Besides Dr. Orly Taitz, Esq., there are several other clowns (Plaintiffs) who appear PRO SE (without a lawyer), to wit:

Brian Fedorka PRO SE
Laurie Roth PRO SE
Tom MacLeran PRO SE
Leah Lax PRO SE


Jack Ryan, of the Fogbow,  has posted a copy of the MDEC (Mississippi Democratic Executive Committee) Motion here, on scribd:


Here is a pdf of it in case you have problems with scribd:


I did not see a request for monetary sanctions in it, which is a shame. But, that can still be done after Judge Wingate sends Orly Taitz and the Birthers packing. The title of Faulkner’s Sound and the Fury was based The title of the novel is taken from Macbeth’s soliloquy in Act  5, Scene 5 of Shakespeare’s play, Macbeth:

It is a tale told by an idiot, full of sound and fury, signifying nothing.

That pretty well describes all of the Birther lawsuits, not just this one. Orly Taitz will return to California, or maybe Indiana, and put out several posts about crooked and corrupt judges, and snarky Obots, and treason. Birthers will fall for it again.  Perhaps she will add them all to her new massive lawsuit, before it gets dismissed.  Rinse, and repeat. What was that other thing Shakespeare said:

Tomorrow and tomorrow and tomorrow,
Creeps in this petty pace from day to day
To the last syllable of recorded time. . .

Squeeky Fromm
Girl Reporter

Note 1. The Image. This is a shot of Dilsey (played by Ethel Waters) from the 1959 film, The Sound and the Fury, based on a novel by William Faulkner of Mississippi. Here is a brief synopsis of the film:

In this filmed adaptation of William Faulkner’s seminal work, Yul Brynner stars as Jason Compson, the oldest son of a once-proud Southern family rife with inner turmoil. His promiscuous sister, Caddy (Margaret Leighton), has suddenly rolled back into town with an illegitimate daughter called Quentin (Joanne Woodward) in tow. Finding no love in her own clan, Quentin opts for a relationship with Charlie Bush, an irresponsible circus worker played by Stuart Whitman. Meanwhile, Ben (Jack Warden), a mentally-handicapped uncle, is a never-ending source of embarrassment for all concerned. Directed by Martin Ritt, this was the first film to be made from The Sound and the Fury. ~ Matthew Tobey, Rovi


The Image Caption is a direct quote from Dilsey. Wiki also has a good article about the novel:


Larry Klayman Indirectly Confirms He Filed Baseless Lawsuit!!! (Or, Twomblied In Florida???)

The Courtroom Looked On In Horror As Klayman Shot Himself In The Foot

Birther Uber-Attorney Larry Klayman, Esq.  indirectly confirmed that he filed a baseless lawsuit in Florida. Here are a few excerpts from the Birther blog, The Steady Drip:


Florida Dem asks for ‘discovery’ into Obama eligibility

“Appellant submitted multiple sworn affidavits setting forth the fraudulent nature of Appellee Obama’s birth certificate and other identifying documents,” said the appeal of a decision by Judge Terry Lewis, who said Obama is eligible and the case shouldn’t go forward.

“Appellee Obama conspicuously offered no evidence to the contrary and instead asked for a stay of discovery in order to avoid a proper determination of his citizenship. With only appellant’s affidavits in front of him as no contra-affidavits were put forth by appellee Obama, Judge Lewis ignored this sworn evidence and incorrectly determined that appellee Obama was a natural born citizen,” the filing explains.

It continues: “A question of fact such as this cannot be determined without the parties having been given the opportunity to take discovery. Appellant was not permitted to investigate through discovery or even observe the underlying documents that allegedly establish appellee Obama’s natural born citizenship.

“If appellee Obama was born outside of the United States then he is not a natural born citizen, or even a citizen. In addition to being born within the United States, as noted above, a natural born citizen must be born to two U.S. citizen parents. If it is shown through discovery that Barack H. Obama Sr., appellee Obama’s father, was not a U.S. citizen at the time of appellee Obama’s birth, then appellee Obama is clearly not a natural born citizen as required by the U.S. Constitution.”


Hmmm. If Klayman has never seen the underlying documents, then what basis is there for concluding they are forged? He relied in part on Sheriff Joe Arpaio’s Cold Case Posse report, which

(Click on Image to enlarge.)

Arpaio Affidavit

The problem is, that doesn’t really say much in the way of FACTS. This is a CONCLUSION. Who was defrauded out of what and how? Who prepared these documents? What information has been created, or materially altered?  The nearest thing approaching a FACT in Arpaio’s Affidavit is this tidbit:

(Click on Image to enlarge.)

The problem is that even this statement is weasel-ly. The registrar’s stamp “may have been imported from another source”??? Deputy Mike Zullo’s Affidavit is similarly wishy-washy:

(Click on Image to enlarge.)

This is more detailed than Arpaio’s statement, but still doesn’t provide any information on the facts supporting the conclusion that the stamp was imported in the document, who did it, or what the effect is in a legal sense. Further, neither Affidavit has anything at all to do with the subject matter claim of the suit, which is that Obama supposedly isn’t a natural born citizen.  If Klayma wishes to prove that Obama’s father was a non-citizen, than a copy of Obama’s book,  Dreams From My Father, would be sufficient as an admission by a party to the lawsuit.

The lack of relevant supporting factual information sounds like the kind of stuff discussed in the U.S. Supreme Court case on the limits of the discovery process,  Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). (While Twombly was a Federal case, most state’s rules of civil procedure track the Federal rules to varying degrees. Also, see Note 2, below.)  Here are a few excerpts from an Internet Article on the post-Twombly world:

All too often, discovery becomes “not merely an impermissible fishing expedition[, but] an effort to dredge the lake in hopes of finding a fish.” Texaco Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995).

Subsequent cases suggest that Twombly and its progeny may be a useful “preemptive” weapon for combating boilerplate toxic tort complaints at the trial court level — especially when it appears that such pleadings are intended to do little more than open the discovery floodgates so that plaintiffs can locate a potential factual basis for their claims at defendants‟ expense.

In Tanner v. International Isocyanates Institute Inc., No. 05-PWG-2341-E (N.D. Ala. filed Nov. 16, 2005), defendants successfully mounted a similar Twombly defense to secure dismissals of plaintiffs‟ fraudulent suppression and conspiracy claims in a putative class action at the pleadings stage.

In response to defendants‟ arguments that plaintiffs‟ blanket fraud allegations failed to provide enough specific facts to satisfy the heightened pleading standard in Twombly, the court dismissed plaintiffs‟ fraudulent suppression and conspiracy claims. The court deemed these claims deficient because plaintiffs failed “to identify the specific
fraudulent statements made to them that was fraudulent or misleading.” Tanner v. International Isocyanates Institute Inc., No. 05-PWG-2341-E at 44 (N.D. Ala. June 9, 2008) (order on motion to dismiss amended complaint).

The court‟s order noted, in part, that “factual allegations in a complaint must „possess enough heft‟ [and] plausibility to suggest that the pleader is entitled to relief … facts that are „merely consistent with‟ the plaintiff‟s legal theory will not suffice.” Id. at 16-17.


Here is the money quote:

Indeed, the Twombly majority expressly rejected the notion that questionable claims should be tolerated simply because they can be resolved later through discovery: “[i]t is no answer to say that a claim just shy of a plausible entitlement to relief can, if groundless, be weeded out early in the discovery process through careful case management …” Id. at 559.

Even before Twombly,  discovery fishing expeditions were considered abusive. This is from a 2001 paper on Fishing Expeditions:

The requirement that discovery must be grounded in some basis in fact survives to this day. In Koch v. Koch Industries, Inc., 203 F.3d 1202 (10th Cir.), cert. denied, 121 S.Ct. 302 (2000), the Tenth Circuit ruled on the propriety of “extraordinarily expansive discovery requests” that the proponent argued were “relevant to two broad, non-specific allegations” in their complaint. Id. at 1238. The Tenth Circuit, noting that the district court had found the “likely benefit of this attempted fishing expedition was speculative at best,” held that [w]hen a plaintiff first pleads its allegations in entirely indefinite terms, without in fact knowing of any specific wrongdoing by the defendant,and then bases massive discovery requests upon those nebulous allegations, in the hope of finding particular evidence of wrongdoing, that plaintiff abuses the judicial process.


So, when Larry Klayman comes right out and states that he can’t prove his case without further using the discovery process, then he is admitting that his Sheriff Joe’s and Deputy Zullo’s affidavits are insufficient to prove forgery, INDIRECTLY CONFIRMING that he has no case at all. Maybe that is the reason for this Motion from Obama’s attorneys:

(Click on Image to enlarge.)

Obama’s Motion For Costs Against Klayman

Squeeky Fromm
Girl Reporter

Note 1. The Image. This is from the 1936 courtroom drama, Disorder In The Court, starring the Three Stooges.  Of course, we have the video for you!

Note 2. Florida Rules of Civil Procedure and Fishing Expeditions. For anybody who is interested, here is a pdf of the Florida Rules, as of September 1, 2012.

Florida Rules of Civil Procedure

Also, see this piece on “Fishing Expeditions” in Florida, as they relate to one aspect of litigation:

4th DCA Endorses Fishing Expeditions

However, Florida does offer an alternative procedure of which Klayman appears to be unaware, The Pure Bill of Discovery. However, it is unlikely he, or any other Birther, could prevail there either  based on the weakness of their case.

Florida Bar on The Pure Bill of Discovery

From that article:

Publix Supermarkets, 696 So. 2d at 1371. The Fourth District vacated the order of the trial court because the petitioner simply wanted to preserve the forklift to determine if he had a cause of action and ordered that the petition be dismissed. Id. In doing so, the court stated that a pure bill of discovery is not to be used as a fishing expedition to see if causes of action exist.

Finally, Florida seems to mirror most of the Federal Rules, but some appear in separate statutes. For example, the familiar Rule 11, is contained in F.S. §57.105:

Florida Bar on F.S.§57.105

Note 3. Other Information. For people who are interested in this kind of stuff, here is a Duke Law School Internet Article by John H. Beisner

Discovering a Better Way- The Need for Effective Civil Litigation

The Sap Rises Early In Vermont (Or, Turn The Paige)

Having A Very Thick Skull, The Birther Had No Problems Head-Butting The Tree To Make The Sap Drip Faster

Well, here are some interesting details about the Vermont Birther, H. Brooke Paige, and his attempt to find a lawyer for his eligibility challenge. This is from William Boardman, from OpEdNews.com and here are a few excerpts, with much more at the link below:

Early last summer, Paige was looking for a lawyer to represent him in the “natural born citizen” lawsuit now known as Paige v. Vermont. His personal attorney, Wendell Rose of Barre, whose specialty is real estate, warned him that most Vermont attorneys would probably turn down his case “because of the high profile and controversial nature of my action,” Paige wrote in his court motion to be allowed to represent himself.

After numerous rejections, Paige wrote a three-page, single-spaced letter dated July 4 to J. Paul Giuliani, a well-established Montpelier attorney. Paige wrote, in part, “While what I am hoping to achieve” is very modest, I am thoroughly aware of the profound ramifications my actions could have”. As you reminded me, our judiciary here in Vermont will probably look unfavorably upon my effort to encourage the State of Vermont to do the right thing”.”

Giuliani wrote, and recommended that Paige seek help from the legal clinic at the Vermont Law School.

Considering the Law School an unlikely prospect, Paige turned to retired Superior Court Judge Paul F. Hudson, “who said he found the issues I raised were “fascinating’ and completely consistent with Vermont law.” Hudson agreed with Giuliani that there was no practicing attorney in Vermont with sufficient expertise to handle the case, Paige wrote.

Paige then tried a different approach, seeking to have Mario Apuzzo, a New Jersey attorney who had handled a similar case there, sponsored by a Vermont attorney so that Apuzzo could practice in Vermont temporarily. When communications with Giuliani broke down, Paige turned to attorney Rose, who flatly refused, telling Paige: “when all of this is over, I still need to have clients — this is my livelihood and I just can’t put that at risk.”

There is more at this link:


In my opinion, there isn’t a lawyer in the Universe who has enough expertise to put the two-citizen parents nonsense over on court.   If you refer to the actual complain, you can see that Paige goes wrong at the same point where the first Birthers in Ankeny went wrong- – -assuming that there is some difference between a natural born citizen and someone citizenized by being born in the United States through the 14th Amendment. Paige also falls down the silly Birther Minor v. Happersett rabbit hole. Here are pages  5  and 6 of his complaint:

(Click on Image to enlarge.)

(Click on Image to enlarge.)

This ridiculous claim completely ignores the fact that the 14th Amendment was simply affirming the previous common law concept of natural born citizenship, as is clearly stated in Wong Kim Ark (1898) decision near the bottom of Section V:

The foregoing considerations and authorities irresistibly lead us to these conclusions: the Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory [wild Indian exception omitted.].

The Amendment, in clear words and in manifest intent, includes the children born, within the territory of the United States, of all other persons, of whatever race or color, domiciled within the United States. Every citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States. His allegiance to the United States is direct and immediate, and, although but local and temporary, continuing only so long as he remains within our territory, is yet, in the words of Lord Coke in Calvin’s Case, 7 Rep. 6a, “strong enough to make a natural subject, for if he hath issue here, that issue is a natural-born subject;”

Far from being some mysterious law beamed in from the Planet Gliese 581g, the 14th Amendment simply affirms this statement, cited with approval in Wong Kim Ark:

In United States v. Rhodes (1866), Mr. Justice Swayne, sitting in the Circuit Court, said:

All persons born in the allegiance of the King are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England. . . . We find no warrant for the opinion [p663] that this great principle of the common law has ever been changed in the United States. It has always obtained here with the same vigor, and subject only to the same exceptions, since as before the Revolution.

1 Abbott (U.S.) 28, 40, 41.

Perhaps these simple statements are over the head of the esteemed H. Brooke Paige, so he proceeds to go hopping down the Minor v. Happersett (MvH) Birfer Bunny Trail with Mario “The Mangler” Apuzzo, Esq., as can been seen on page 9 of his Complaint:

(Click on Image to enlarge.)

Never mind the fact that the MvH Court clearly left open the issue of whether or not a child born here of non-citizen parents was a natural born citizen or not, it sure sounds good to pretend like MvH was precedent. Except to real judges, that is. They have a bad tendency to actually read the stuff, think for themselves, and then say things like the Ankeny Court did in 2009:

In Minor, written only six years after the Fourteenth Amendment was ratified, the Court observed that:

The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts.

Id. at 167-168. Thus, the Court left open the issue of whether a person who is born within the United States of alien parents is considered a natural born citizen.12

Reading through the Complaint (see Note 1 below for the whole thing.), it is nothing but a rehash of previous idiotic Birther legal arguments, all of which have lost. This one will lose, too. My only question is whether Paige will blame the judge(s) or just admit that his legal case is a bunch of baloney. It won’t be long before we can turn the page on this one.

What a sap.

Squeeky Fromm
Girl Reporter

Note 1. Here is a pdf of Paige’s Complaint and attachments in case you want to read the whole thing:

Vermont Complaint

Vermont Attachments-to-Cplt

Note 2. Gliese 581g. An exo-planet about which Wiki says, in part:

Gliese 581 g ( /ˈɡliːzə/), also Gl 581 g or GJ 581 g, is an unconfirmed extrasolar planet of the red dwarf star Gliese 581,[2] 22 light-years[3] from Earth in the constellation of Libra.[4] It is the sixth planet discovered in the Gliese 581 planetary system and the fourth in order of increasing distance from the star. The discovery was announced by the Lick-Carnegie Exoplanet Survey in late September 2010, after a decade of observation. However, the ESO/HARPS survey team was not able to confirm that the planet exists.[5][6]

Gliese 581 g has attracted attention because it is near the middle of the habitable zone of its parent star. That means it could sustain liquid water on its surface and could potentially host life similar to that on Earth. (The planet is expected to have temperatures around -37 to -12°C, however). If it is a rocky planet, favorable atmospheric conditions could permit the presence of liquid water, a necessity for all known life, on its surface. With a mass 3.1 to 4.3 times Earth’s, Gliese 581 g is considered a super-Earth and is the planet closest in size to Earth known in a habitable zone. This makes it the most Earth-like Goldilocks planet found outside the Solar System and the exoplanet with the greatest recognized potential for harboring life.[7]

The detection of Gliese 581 g after such a short period of searching and at such close proximity has led some astronomers to hypothesize that the proportion of stars with habitable planets may be greater than ten percent.[1]


Apuzzo Resurfaces In Vermont!!! (Or, The Un-Champ Monster)

When Uncas Heard A Big Snake Was Coming To Town, He Mistakenly Went Down To Lake Champlain

Well, unable to make any headway in the bigger states, Mario “The Mangler” Apuzzo, Esq. decided to resurface in poor little Vermont. For those of you who do not know where Vermont is, it is one of the light blue spaces on the Monopoly Board row as Baltic and Mediterranean Avenues, but before you get to Jail. Apuzzo has been rather quiet since losing his last case in New Jersey.

I hear Vermont is nice this time of year. It even has its very own lake monster, Champ.  Here is an excerpt from The Burlington Free Press:

The losing candidate in last month’s Republican U.S. Senate primary has filed a 40-page lawsuit claiming President Barack Obama is ineligible to seek the White House and demanding his name be removed from Vermont’s election ballot.

PDF: Brooke Paige’s complaint

PDF: Attachments to the complaint

The lawsuit, filed by Washington, Vt., resident H. Brooke Paige, names Obama, the state of Vermont and Secretary of State James Condos as defendants. Condos, a Democrat, is named because he is the state’s top election official.

Paige’s lawsuit indicates that it was prepared by Mario Apuzzo, a Jamesburg, N.J., lawyer who has filed a similar action in that state.

Apuzzo, however, is not licensed to practice law in Vermont. Paige said he was unable to enlist a Vermont lawyer to represent his claims, so he plans to represent himself when the case is argued in court and have Apuzzo there as an advisor.

Burlington Free Press Article -Former GOP Senate candidate sues to get Obama off Vermont ballot over birth eligibility?

Having never won a Birther case, it is a pretty good bet Apuzzo will lose this one, too. He is kind of like a counterpoint to Lake Champlain’s “Champ” monster.  Apuzzo is the “Un-Champ.”

Squeeky Fromm
Girl Reporter

Note 1. The Image. This is from a really cool “Champ“, the American Loch Ness Monster,  page, where you also find this:

Reports of the monster start showing up in newspapers around 1873. According to a story in the New York Times, a railroad work crew was laying track near Dresden, New York, when they saw the head of an “enormous serpent” emerge from the water. After a moment of paralyzing shock, the workmen ran away. The creature, in turn, swam away. Witnesses reported that the animal had bright, silver-like scales that glistened in the sun. The article said, “The appearance of his head was round and flat, with a hood spreading out from the lower part of it like a rubber cap often worn by mariners.”

In August of that same year, a small steamship loaded with tourists, allegedly struck the creature and nearly turned over. According to newspaper accounts, the head and neck of the animal were sighted afterward about a 100 feet from the ship.

As the fame of Champ grew, showman P.T. Barnum posted a $50,000 reward for the “hide of the great Champlain serpent to add to my mammoth World’s Fair Show.”

All the reports of this era seem to picture the creature as a long serpent with an arched back and a broad, flat tail. In modern times there have also been similar reports about Champ. In 1970 the creature was reported spotted by two independent witnesses traveling on a ferry across the lake. Richard Spear, one witness, said the animal was “dark brownish-olive” in color with “the size and shape of a barrel in cross-section.” The other witness said the creature appeared to be “a large snakelike creature, swimming with its head above water, held as snakes do, with coils behind.”


Note 2: The Image Easter Egg. KAUSEKHOIKEH KSCHACHTEU!!! This is the best I can do to say “Holy Smoke!” in Mohican. Here is the source I used: