Tag Archives: Lawsuits

My Cousin Ramona (Or, How Many Judges Does It Take To Change A Birther???)

Ramona Had Je Ne Sais Quoi By The Buckets Full

Believe it or not, there is a relevant point here.  But I have to kind of work my way to it, so please indulge me while I recite some personal Squeeky Fromm Family History.  My cousin Ramona has been married seven times. And divorced seven times.  When she was 19, she married Roy P., who worked at Wal-Mart. That marriage lasted about six months, and she left him. As all the women in my family said, “Old Roy is nice enough, but he’s a little slow, and he can’t keep up with Ramona. She’s just too fast for him.”

After dating for a few months, Ramona met Wilbur M., a sergeant in the Air Force. They got hitched, and that marriage lasted nearly thirteen months. Wilbur moved out on her, and the family chatter was, “Wilbur is a military man, and you know how they are.  They expect their supper on the table precisely at 5:30 PM. And the bed better be made every day, and God Help Her! if she ever leaves any dishes in the sink. Poor Ramona just ain’t the kind of person to live by no timetable. Maybe Wilbur should have married one of them Japanese gals when he was over there, if he wanted somebody to jump every time he said “Froggy.”

Sergeant Wilbur Taught Ramona To Salute With Both Hands

Having been burned twice, Ramona was much more selective the third time around, and waited a whole eight  weeks after the divorce before marrying Tooter J., a musician. It was a fun marriage, and everybody was surprised when it ended three months later.  Of course, it was Tooter’s fault. His career was not always stable, and there were all those late night hours and out of town weekend gigs. Meanwhile, Ramona was very mature for her age and needed someone a little more grounded.

That someone turned out to be like Dale J., Tooter’s older brother. Dale and Ramona got hitched up a month after the divorce went through.  Since he was a farmer, he was very grounded.  Farm living seemed to agree with her. Ramona learned how to drive a tractor, and how to hook up all the power take off attachments.  She took a special interest in equipment maintenance and repair work. So it really shocked every one when Ramona left Dale for Hank S., who owned a local farm equipment and supply store. But, as the family mused, what could Dale expect trying to isolate Ramona way out there in the sticks, where you had to clean the owl poop off the clocks to see what time it was.

Ramona Was Dying To Get Off The Farm

Hank was 20 years older than Ramona, and pretty well off financially.  They got married the same day the divorce was finalized.  In fact, Hank was with her in the courtroom when the gavel came down on the divorce.  They went downstairs to the Clerk of Court to get it stamped, and then straight back upstairs to the same judge to get married about 4 minutes later.

This relationship seemed the perfect fit for the two of them.  Hank bought her a new Cadillac Escalade, and even installed  a pool in the back yard. Ramona would need the pool  because she was going to have some weight to work off after the baby came.  It was a girl, and she named her Cremona.  It was a strange name, but like Ramona’s mom said, “”She couldn’t very well call her Ramona, Jr., now could she?”

This happy idyllic life went on for about 4 years. Hank was a doting father who handled his new maternal duties quite well. Then when Cremona became  a walky talky, and was well toilet trained, Ramona just couldn’t stand this much happiness any more.  She moved out and filed for a divorce.  And alimony.

This is when the family began to talk less about the problems with the men in Ramona’s life, and more about Ramona’s part in things. Hank was well liked by everybody in the family, and was a great father to Cremona, and a great provider.  He treated Ramona like a queen. Plus, he even paid to put a new roof on Ramona’s grandmother’s house when the old one started leaking.

With Hank, Things Were A Little Frustrating In The Bedroom

But Ramona said she needed some passion in her life, and that she was too young to be shackled to a man old enough to be her father. That passion seemed to be in great supply with the pool man who had been servicing Hank’s pool for the last 4 years. And now that everybody got to thinking about it,  that pool did seem to need an awful lot of servicing.

Anyway, Roscoe D., the pool man, left his wife and two children for Ramona and Cremona. By the terms of the divorce decree, Ramona couldn’t have overnight male guests around Little Cremona,  and because the alimony thing never flew, Roscoe and her ended up tying the knot.  But this marital fling only lasted 18 months, and just about the time everybody in the family forgave Roscoe for breaking up Ramona’s previous marriage, he left her and returned to his wife and two children. One reason was that he couldn’t keep any money in the joint checking account, due to constant withdrawals by Ramona. After going through the property settlement she got from Hank, she became a  bottomless pit of financial need.

He Swept The Pool And He Swept Her Off Her Feet

By this time, everybody in the family was convinced that Ramona needed to do some major growing up. Here she was, nearly 30, and already she had been married and divorced 6 times.  The Escalade had 150,000 miles on it, and the child support check only went so far. So her mother and father convinced Ramona to get some counseling from their pastor, who was happily married and beyond temptation.

Ramona took a real shine to talking about herself for hours on end, and all the things she should do to get her life in order. She started going to church regularly and even helped out with the Wednesday Night Prayer Meeting Pot Luck Supper.  She re-dedicated her life to Jesus. About 6 months into all this religious fervor, she up and married Brother Oswald, the youth director, who was 6 years younger than her. Seven months later she gave birth to an 8 pound and 11 ounce premature baby boy she named Ramon.

However, about the time Ramon got past the bed wetting stage, Ramona was back at the divorce attorney’s office. The whole family changed churches because Little Ramon was beginning to bear more than a passing resemblance to the happily married preacher, and that kind of gossip just doesn’t need to get started.

Ramona Really Threw Herself Into Her Church Work

Ramona gets two child support checks, so she isn’t exactly poor. But, she and the kids do live with her mother and father. They keep her on as tight a leash as they can with someone her age.  Having finally faced up to the real reasons for all the dramas in her life, everybody has settled down a lot. Ramona is going to college part-time to become an accountant, and is taking more responsibility for her own actions. And, she is much happier now.

Now some people have probably already caught on to what this whole story has been about. Ramona gets married and divorced 7 times before she was 31. At first, the failures were blamed on the various men. But, by the fifth time, even her mother was wising up.  Ramona’s excuses wore thin. You just don’t run into that many bad husbands in a row without having some problems of your own.

So will this ever happen with the Birthers??? Because they have these failed endeavors, too. We call them lawsuits, and just like marriages, they get ended with a Court Order.  Four years ago, the only case that really applied to this issue was a Supreme Court decision, Wong Kim Ark (1898).  Since Obama took office, there have been numerous other Birther cases that, just like Ramona’s many marriages, all failed on the merits.

Chastened, Ramona Learned To Take Responsibility And Quit Blaming Others

How do the Birthers view these many losses? Do they think they share any of the blame, or is it all somebody else’s fault when the gavel comes down? Let’s look at some of the cases. If the Birthers accepted the decisions in any of these cases, the whole two citizen parent theory would come crashing down. So I feel safe in supplying the answer to each of these losses on their behalf. (I have liberally copied and pasted from Dr. Conspiracy’s article which listed most of these cases. I have edited the holdings for length. See the link below in Note 2.)

1)In 1898 Wonk Kim Ark: 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;”

Nope, it’s the Judge’s Fault – the Birthers aren’t wrong. 

2) In 2008 in a New Hampshire Court, Hollander v. McCain:  Those born “in the United States, and subject to the jurisdiction thereof,” U.S. Const., amend. XIV, have been considered American citizens under American law in effect since the time of the founding, United States v. Wong Kim Ark, 169 U.S. 649, 674-75 (1898), and thus eligible for the presidency;

Nope, it’s the Judge’s Fault – the Birthers aren’t wrong. 

3) In  2009 Ankeny v. Governor of Indiana: “Based upon the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the borders of the United States are “natural born Citizens” for Article II, Section 1 purposes, regardless of the citizenship of their parents.”

Nope, it’s the Judges’ Fault – the Birthers aren’t wrong.

4) In 2012 in a Virginia Federal Court,  Tisdale v. Obama: “It is well settled that those born in the United States are considered natural born citizens.”

Nope, it’s the Judge’s Fault – the Birthers aren’t wrong.

5) In 2012 in New Jersey, Purpura v. Obama  “Thus, accepting for the point of this issue that Mr. Obama was born in Hawaii, he is a ‘natural born Citizen’ regardless of the status of his father.”

Nope, it’s the Judge’s Fault – the Birthers aren’t wrong.

6) In 2012 in Florida, Voeltz v. Obama: “However, the United States Supreme Court has concluded that ‘[e]very person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States.”

Nope, it’s the Judge’s Fault – the Birthers aren’t wrong.

7) In 2012 in Arizona, Allen v. Obama : “President Obama is a natural born citizen under the Constitution and thus qualified to hold the office of President.”

Nope, it’s the Judge’s Fault – the Birthers aren’t wrong.

8) In 2012 in Georgia, Farrar (et al.) v. Obama : “The Indiana Court rejected the argument that Mr. Obama was ineligible, stating that children born within the United States are natural born citizens, regardless of the citizenship of their parents. … This Court finds the decision and analysis of [Ankeny] persuasive.”

Nope, it’s the Judge’s Fault – the Birthers aren’t wrong.

9) In 2012 in Maryland, Fair et. al v. Obama; cites Ankeny and Wong Kim Ark for at length for 6 pages, in dismissing the Birthers. The issue of the definition of “natural born citizen” is thus firmly resolved by the United States Supreme Court in a prior decision, and as this court sees it. that holding is binding on the ultimate issue in this case.

Nope, it’s the Judge’s Fault – the Birthers aren’t wrong.

Ramona Had Her Moment Of Clarity, But The Birther Remained In Stubborn Denial

Before the year is out, this list will be much longer.  Some of these judges were Republicans, and some Democrats; some conservatives and some liberals.  There is no rational basis to think every last one of them would have some ulterior motive to deny the Birthers a victory. Common sense and constant losses should start them to thinking at some point. But when???

How many judges will it take to change the Birthers? My guess is, there aren’t enough judges in the Universe.

Squeeky Fromm
Girl Reporter

Note 1. The Images. These are all pictures of Theda Bara from Cleopatra (1917) and Salome (1918).  Here is an interesting article about her:

http://www.imdb.com/name/nm0000847/bio

And yes, Ramona does look very much like her.

Note 2. Links: Here is the link to Dr. Conspiracy’s article on Birther cases dismissed on the merits:

http://www.obamaconspiracy.org/page/4/

And, if you like “piling on” the Birthers, here is The Birther Cases String Cite:

http://tesibria.typepad.com/whats_your_evidence/BIRTHER%20STRING%20CITE.pdf


Orly Taitz Finds Her Perfect Client (Or, He’s In The Jailhouse Now)

At First It Was A Ball, Then The No. 2 Really Got Going

Well, a reader here named Mark, [Thank you Mark!!!] has given me a heads up on Orly Taitz’s new Plaintiff, Inmate Keith Judd.

His name is Keith Judd, and assuming  he is the same person mentioned in the document below, then he is a well known vexatious litigant, having filed more than 748 cases in Federal court in 15 years. This works out to about one lawsuit per week. A pdf of the entire order is in the notes below, as is a Daily Beast Internet Article about him from May, 2012. He is the prisoner who won 40% of the Democratic vote in West Virginia against Obama.

(Click on Image to enlarge.)

Perhaps Orly Taitz thinks she has found her perfect client. But here are some words of warning to her from my BFF Fabia Sheen, Esq., a lawyer, who has this to say about vexatious litigants. . . just because you are through with a vexatious litigant, does not mean that the vexatious litigant is through with you.

Considering Taitz’s many litigation boo-boo’s and screw-ups, the fact that she has a lot of personal wealth, and the fact that Mr. Judd has some extra time on his hands, don’t be surprised if when the Birther suits are dismissed, the suits against Taitz begin. And I don’t see the judicial system having a lot of sympathy for her.

I am laying in a whole bunch of popcorn for this one.

Squeeky Fromm
Girl Reporter

Note 1. The Image. This is from the 1967 TV show, The Prisoner.  Here is what Wiki has to say about it:

The Prisoner is a 17-episode British television series first broadcast in the UK from 29 September 1967 to 1 February 1968. Starring and co-created by Patrick McGoohan, it combined spy fiction with elements of science fiction, allegory and psychological drama.

The series follows an unnamed British agent who abruptly resigns his job, apparently preparing to go on a holiday. While packing his luggage, he is knocked out by a chemical agent in his quarters. When he wakes, he finds himself held captive in a mysterious seaside “village” that is isolated from the mainland by mountains and sea. The Village is further secured by numerous monitoring systems and security forces, including a mysterious balloon-like device called Rover that recaptures those who attempt escape. The agent encounters the Village’s population, hundreds of people from all walks of life and cultures, all seeming to be tranquilly living out their lives. They do not use names, but instead are assigned numbers; the protagonist is assigned Number Six, but ostentatiously refuses to go by this, refusing to give into the pretense.

Six is monitored heavily by Number Two, the Village administrator acting as an agent for an unseen “Number One”. A variety of techniques are used by Number Two to try to extract information from Number Six, including hallucinogenic drug experiences, identity theft, mind control, dream manipulation, and various forms of social indoctrination. All of these are employed not only to find out about why Six resigned as an agent but to extract other dangerous information he gained as a spy. The position of Number Two is filled in on a rotating basis; in some cases, part of a larger plan to confuse Number Six, while other times as a result of failure for interrogating Six.

Note 2. The Pdf of the Memorandum Opinion:

Keith Judd Memorandum Opinion

Note 3. Links. Here is a link to a Daily Beast Internet Article about Judd:

http://www.thedailybeast.com/articles/2012/05/09/meet-keith-judd-the-felon-challenging-obama.html

Here is a link to Orly Taitz’s press release about this:

http://www.orlytaitzesq.com/?p=284694

Note 4. Bonus. He’s In The Jailhouse Now. This version has some identity issues going on, and even a budding Dentist!

Or, if you like it classical, by Jimmy Rodgers:


Recommending The Partnership Of Taitz and Apuzzo, Attorneys At Law!!!

Between The Two Of Them, Oiram And Ylro Had A Perfect Record!

Well, Mario “The Mangler” Apuzzo, Esq’s Birther lawsuit has just been denied certification by the New Jersey Supreme Court.  (See notes below for link.) By my calculation, he is not presently involved in any Birther lawsuit. Meantime, poor overworked Dr. Orly Taitz, Esq. is running around like a chicken with her head cut off. She has major hearings coming up this month in Mississippi and Indiana, and as she explains, she hasn’t got time to breath.

On top of that she has ongoing Birther cases in Texas, California, and who knows where else. And today there is BREAKINF NEWS that she filed a new one somewhere, with all kinds of paperwork going on:

Sooo, does partnering up with Mario Apuzzo, Esq., who has all this spare time on his hands, make sense or what???  He is an Article II Constitutional Expert, while she has all the clients. She has way too much to do, and he way has too little. Instead of trying to keep busy writing 200 pages briefs, Apuzzo could spend his time doing something useful like writing pleadings for Taitz.

Plus, Mario could expose Orly to some other kinds of law, like defending DWI’s and divorces and automobile accident cases. And wouldn’t it be fun to watch Dr. Taitz bring her aggressive litigation style to something other than Birther cases??? If there are any professional problems forming a partnership because of Dr. Taitz’s California law license and issues of reciprocity, then maybe she could just become “Of Counsel” to  Mr. Apuzzo.

In all sincerity, I think this would be a wonderful idea and I think the two of them should really give this suggestion some serious consideration.

Just trying to be helpful,

Squeeky Fromm
Girl Reporter

Note 1. The Image. This is a cel from DC Comic’s Superman series relating to the Bizarros. About whom Wiki says:

In the Bizarro world of “Htrae” (“Earth” spelled backwards), society is ruled by the Bizarro Code which states “Us do opposite of all Earthly things! Us hate beauty! Us love ugliness! Is big crime to make anything perfect on Bizarro World!” In one episode, for example, a salesman is doing a brisk trade selling Bizarro bonds: “Guaranteed to lose money for you”. Later, the mayor appoints Bizarro No. 1 to investigate a crime, “Because you are stupider than the entire Bizarro police force put together”. This is intended and taken as a great compliment.

The concept of “Bizarro World” is a fundamental element in “The Bizarro Jerry”, the 137th episode of American sitcom Seinfeld. In the episode, Elaine makes a new group of friends who represent inverted types of the normal Seinfeld gang. Jerry labels them a Bizarro world. These characters are kind, considerate, curious about the world around them, and good citizens. Though Elaine is initially attracted to their friendly ways, she is ultimately turned off by the formality and lack of simple camaraderie which she enjoys with her old, selfish, shortsighted group. A second reason for her leaving the Bizarro group is the fact that she is “normal” Elaine. Conceivably, her Bizarro version would be ladylike. If you look in the background of the Bizarro apartment you will see a Bizarro figure on a shelf, just as a Superman figure sits on a shelf in Jerry’s apartment. You can also see a unicycle hanging from the wall instead of a bicycle, and images of horses instead of cars.

This is a long article, and here is the link to the rest of it:

http://en.wikipedia.org/wiki/Bizarro_World

Note 2. The Image Easter Egg.  Following Bizarro Rules of Logic, the normal Earth Counterparts of Oiram and Ylro would be the most competent lawyers on Planet Earth.  Clearly, this is not the case. However, they had this little encounter with some purple spotted kryptonite, which as Wiki notes in its Kryptonite article, has some strange effects:

Purple Spotted Kryptonite: Mentioned in Streaky’s fictional story in the animated cartoon Krypto the Superdog. This phony kryptonite made Krypto chase his tail.

Obviously this constant tail chasing has caused problems for the Earth counterparts, who otherwise would have reached their full potential as attorneys.

http://en.wikipedia.org/wiki/Kryptonite

Note 3. Links. here is a link to RC Radio’s Internet Article about the New Jersey Supreme Court turning its nose up at Apuzzo’s Reuest For Cert:

http://rcradioblog.wordpress.com/2012/09/10/birther-attorney-mario-apuzzo-chalks-up-another-loss/

Here is the link to Orly Taitz’s BREAKINF NEWS:

http://www.orlytaitzesq.com/?p=284694


28 U.S.C. §1927 Sanctions (Or, Be Afraid, Orly Taitz! Be Very Afraid!)

Dyslexically, She Read It As “End of Lie’n.” Hopefully, It Was That, Too.

Well, Dr. Orly Taitz and the other Birther lawyers should be afraid. Be very afraid. As the Birther lawyer Van Irion just learned in Tennessee,  the courts can do bad things to lawyers who file silly little frivolous vexatious lawsuits and then string them out. Through the sanctions allowed in 28 U.S.C. § 1927, bad little lawyers can be made to pay the legal fees of their opponents. Last night I reported on Van Irion’s problem here:

https://birtherthinktank.wordpress.com/2012/08/25/fee-fie-foe-fumes/

But today I want to focus on the actual provisions and applications of 28 U.S.C. § 1927.  Here is the short 53 word statute:

Any attorney or other person admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys’ fees reasonably incurred because of such conduct.

Now, for a brief overview:

It is becoming increasingly common for a prevailing party in federal court to seek attorneys’ fees from the losing party’s attorney under a combination of Federal Rule of Civil Procedure 11, 28 U.S.C.  § [section]1927, and the court’s companion “inherent powers.”  Unlike Rule 11, though, “awards pursuant to section1927 may be imposed only against the offending attorney; clients may not be saddled with such awards.”

Rule 11 sanctions are tied to a signed filing, while [section] 1927 examines the attorney’s course of conduct throughout the entire litigation. Therefore, serious misconduct not necessarily involving the signing of a pleading, memorandum or motion can qualify for punishment of the attorney. Rule 11 also provides the allegedly erring attorney the “safe harbor” of a 21-day notification,  while [section] 1927 does not.

Section 1927 misconduct is cumulative in nature, while Rule 11 misconduct is not. Inasmuch as a [section] 1927 sanctions motion may come without warning and may involve monetary sanctions much more substantial than those associated with a Rule 11 motion.

Not all questionable conduct, however, is sanctionable under [section] 1927. In the 11th Circuit, it is well settled that “this section is not a ‘catch-all’ provision for sanctioning objectionable conduct by counsel.”  Section 1927 requires the touchstone of bad faith, which is more than mere negligence or lack of merit.

The 11th Circuit has held that an attorney who “knowingly or recklessly pursues a frivolous claim” acts in bad faith.  For sanctions to be appropriate, counsel must have engaged in unreasonable and vexatious conduct; this conduct must have multiplied the proceedings, and the amount of the sanction cannot exceed the costs resulting from the conduct. Sanctions are not warranted simply because counsel’s general performance or particular decision making did not rise to the highest standards of the profession.

http://www.highbeam.com/doc/1G1-159392859.html

From, The Song of the Sirens — Sanctioning Lawyers Under 28 U.S.C. 1927 (see Note 2 for full article.) we learn that:

The statute was first enacted in 1813, and was amended in 1980 specifically to add attorneys’ fees to the list of possible sanctions.  As a result of this amendment, courts have invoked this statute more frequently. The federal courts, however, evidence widely disparate views concerning the applicable standard for assessing whether an attorney has multiplied the proceedings “unreasonably and vexatiously” within the meaning of the statute. Some circuits impose a section 1927 sanction when an attorney’s conduct is merely negligent, while other circuits require a showing of reckless conduct or conduct evidencing willful bad faith.

I won’t copy and paste everything from this law review article and the other one, because there are links to all of them in the notes and pdf copies to boot for those who want to print them out. But the issue in these types of sanctions seems to be figuring out when has the attorney gone too far in his representation.  Some courts use a subjective bad faith standard, and other courts an objective unreasonableness test. The overall bad thing that the statute seeks to prevent is delays in litigation.

This is a penal statute, which is meant to punish the offending attorney. As such, there needs to be some element of bad faith – either intentional or negligently through recklessness. Simply put,  the fact that the attorney either knows or should have known that what he is doing and claiming is either without merit, or presented for the wrong reasons.

I think that under either standard, the Birther lawyers are on very thin ice. The Bad Faith Standard Courts require an intentional act of bad faith, and what else is filing a lawsuit based on Minor v. Happersett as a precedent for determining natural born citizenship while ignoring or mischaracterizing Wong Kim Ark. Sorry, but not necessary to resolve these doubts is pretty clear.

In the Unreasonableness Standard Courts, the Birther lawyers are in even worse shape, because here, mere negligence is enough to subject them to the sanctions. Here, the Courts don’t have to find that the lawyer is doing it on purpose, but can find guilt because the lawyer should have known better, whether he did or not.

With all this in mind, here is where Dr. Orly Taitzis in genuine legal peril.  The Ninth Circuit Court of Appeals uses the Bad Faith Standard. In a recent case they upheld $247,397.28 in attorneys’ fees and $10,808.76 in costs, under 28 U.S.C. § 1927.  In Lahiri, an Indian composer tried to get rights in music he had composed for a film company in India.  Along the way the Lahiri Court cited these previous holdings:

1. attorney’s knowing and reckless introduction of inadmissible evidence was tantamount to bad faith and warranted sanctions under § 1927 and the court’s inherent power;

2. attorney’s reckless misstatements of law and fact, combined with an improper purpose, are sanctionable under the court’s inherent power;

But, let’s look at some of the things Kornarens, the Lahiri lawyer did to get sanctioned in such a heavy amount. In supporting the current  matter at bar, the Lahiri Court noted:

Unequivocally, the law of India vests a copyright in a movie score composed for compensation in the film
company; the composer has no copyright interest absent an agreement to the contrary. Had Kornarens, a self-described experienced copyright lawyer, made even a cursory investigation into the circumstances of Lahiri’s 21-year old composition of Thoda, he would have known Lahiri had no copyright interest in music he composed for hire.

On appeal, Kornarens argues he reasonably relied on an expert in Indian law, as well as his unsupported assertion that Lahiri represented he owned the Thoda copyright. The district court did not abuse its discretion in rejecting similar arguments. The law of India is straightforward and the IPRS decision is in English. Indeed, there is nothing legally remarkable or unique about applicable Indian law that would reasonably require expert advice. Generally, a composer who creates a film score for hire forfeits a copyright interest in his work.

Kornarens attempted to justify his untenable interpretation of Indian copyright law by misrepresenting the IPRS decision: he cited the immaterial concurring opinion as the Indian Supreme Court’s holding. He repeatedly misquoted Gee Pee Films, Pvt. Ltd. v. Pratik Chowdhury and Others, G.A. No. 2756 of 2001 and C.S. No. 356 of 2001, for the proposition that a film producer does not have a copyright interest in songs that it commissions. Gee Pee expressly involved non-film music. Kornarens inserted the parenthetical “(film company)” into a quotation from Gee Pee to support his misrepresentation the case involved Indian film music.

The district court did not abuse its discretion in concluding Kornarens’ misrepresentations of Indian law evidenced his bad faith and recklessness in pursuing Lahiri’s copyright claim.

[T]he court did not abuse its discretion in finding that Kornarens acted recklessly and in bad faith in pursuing a frivolous copyright claim for five years. Kornarens’ amended complaint asserted a contrived United States copyright claim created by registration of a 21-year old composition after his Lanham Act and unfair competition claims were placed in jeopardy by the Supreme Court’s grant of certiorari in Dastar. Lahiri composed Thoda for a film produced in India, under an agreement with an Indian film producer for financial compensation. Pursuit of a copyright claim without inquiring whether Lahiri composed Thoda for hire would be reckless under the laws of either India or the United States. The district court did not err in its factual findings or abuse its discretion in concluding that Kornarens’ repeated misrepresentations of Indian copyright law clearly evidenced his recklessness and bad faith.

After the sanctions motion was filed and the district court’s decision was impending, Kornarens attempted to cause the judge’s recusal by retaining the judge’s former law firm to defend him against the sanctions motion. The district court’s consideration of this manipulative tactic as evidence of bad faith was not an abuse of discretion. The district court reasonably inferred that Kornarens’ intent was to have the case assigned to a new judge who would be unfamiliar with the protracted history of this litigation.

Kornarens argues that no single instance of misconduct cited by the district court justified the imposition of sanctions. Kornarens ignores the record. The district court’s bad faith finding was based on the cumulative effect of his litigation conduct for more than five years. Clear and convincing evidence supports the district court’s conclusion that Kornarens acted recklessly and in bad faith and his conduct caused unreasonably protracted and costly litigation over a frivolous copyright claim. Accordingly, sanctions were not an abuse of discretion.

Here is a pdf of the case:

9th Circuit Case (Lahiri)

and a link to it:

http://www.ca9.uscourts.gov/datastore/opinions/2010/06/07/09-55111.pdf

Remember that Dr. Orly Taitz has resurrected a case that has been dead for three years in the 9th Circuit Court of Appeals.

It would take a book to recount all the mistakes, misrepresentations, and errors that were  made in this case. So, I am not even going to try to cover them all.  But Taitz escaped 28 U.S.C. § 1927 sanctions when that case ended.  Now, she is using an idiotic expert, Sheriff Joe Arpaio, who supposedly can prove forgery of an online image, without ever having seen the original document. She has re-opened the case. Like Kornarens above, she doesn’t need to rely on an expert to know the whole forgery thing is nonsense.

I believe that Taitz has exposed herself to  28 U.S.C. § 1927 sanctions, and also left the door open to evidence being presented from all the other cases she has been on as proof of her bad faith in this case. Pattern evidence is usually not admissible,  but it can be used, for example, to prove there was no mistake.  But,  in this case, the defendant is Obama, who is the same defendant as in her  other cases. Even the name calling and harassment of judges would come in.

If the Defendants so move, and if this pattern evidence comes in,  Dr. Orly Taitz should look for a TSUNAMI of a sanction.

Squeeky Fromm
Girl Reporter

Note 1. The Image. This is from the 1934 musical, Dames. There was a little “identity” issue in one of the musical numbers, as Wiki notes:

The musical sequences in Dames were designed, staged and directed by Busby Berkeley – the Warner Bros. publicity office invented the phrase “cinematerpsichorean” to describe Berkeley’s creations.By this time, after the success of 42nd Street, Footlight Parade and Gold Diggers of 1933, Berkeley had his own unit at Warners, under his total control as supervised by producer Hal Wallis.

“I Only Have Eyes for You” – by Harry Warren (music) and Al Dubin (lyrics). At one point in this number, sung by Dick Powell to Ruby Keeler, all the girls in the chorus wear Ruby Keeler masks as they move around the stage, but in just about every shot, the real Keeler passes by the camera briefly. In 1989, this song won an ASCAP Award as the “Most Performed Feature Film Standard”.

And of course I have a youtube video of this. The hijinks start about 3:40 in:

Note 2. Boston College Law Review Article on 28 U.S.C. § 1927.  Here is a link to  The Song of the Sirens — Sanctioning Lawyers Under 28 U.S.C. 1927  by Janet Eve Josselyn.

http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1911&context=bclr

and also a pdf of the article:

The Song of the Sirens — Sanctioning Lawyers Under 28 U.S.C. 19

Note 3. Washington and Lee Law Review Article on 28 U.S.C. § 1927.  Here is a link to When is an Attorney Unreasonable and Vexatious?

http://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=2333&context=wlulr

and also a pdf of the article:

When is an Attorney Unreasonable andVexatious-

Note 4:  Loyola of Los Angeles Law Review article.  Here is a link to And the Chill Goes on – Federal Civil Rights Plaintiffs Beware: Rule 11 Vis-a-Vis 28 U.S.C. 1927 and the Court’s Inherent Power by Danielle Kie Hart.

http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2415&context=llr

and also a pdf of the article:

And the Chill Goes on – Federal Civil Rights Plaintiffs Beware- R

Note 5:  Be afraid. Be very afraid.  This is an interesting phrase. Here is what it means, and the origin is interesting, too, as you can read at the link:

Ostensibly, a warning that something dangerous is imminent. In reality, this is usually said with comic intent. The thing being warned of is more likely to be mildly unwelcome than actually dangerous; for example, “That fierce librarian was asking about your overdue books – be afraid, be very afraid.”

http://www.phrases.org.uk/meanings/be%20afraid,%20be%20very%20afraid.html


Paper Terrorism!!! (Or, Coming Soon To A Birther Near You!)

BEFORE: The Babylon Municipal Court Building Was An Architectural Masterpiece

AFTER: The Eastern File Rooms Collapsed From The Weight Of Frivolous Lawsuits Filed On Clay Tablets

Well, the above Images notwithstanding, the issue of Paper Terrorism is a serious one. Wiki defines Paper Terrorism as:

Paper terrorism is a neologism to refer to the use of false liens, frivolous lawsuits, bogus letters of credit, and other legal documents lacking sound factual basis as a method of harassment, especially against government officials. These methods are popular among some anti-government groups and those associated with the redemption movement. Mark Pitcavage of the ADL states that these methods were pioneered by the Posse Comitatus. Some victims of paper terrorism have been forced to declare bankruptcy.

An article by the Southern Poverty Law Center states that another tactic is filing reports with the Internal Revenue Service falsely accusing their political enemies of having unreported income. Such frivolous lawsuits also clog the court system making it more difficult to process other cases and including using challenges to the titles of property owned by government officials and others. Another method of paper terrorism is filing bankruptcy petitions against others in an effort to ruin their credit ratings.

I believe the recent foray into Do-It-Yourself (DIY) Birther lawsuits represents an attempt to emulate this activity. Mark Pitcavage, Ph.D, in an Internet Article at the ADL, provides the aims of these type of lawsuits:

Proponents of the bogus lien saw that this strategy was an extremely effective and inexpensive way to accomplish several goals at once. Bogus liens

1) acted to intimidate or coerce public officials, particularly law enforcement agents, not to enforce the laws;

2) served as damaging instruments of revenge against private and public individuals or organizations that had somehow run afoul of members of the “patriot” movement; and

3) worked to slow down or clog up the judicial system, both in the general sense of making the entire system less effective and in the more particular sense of postponing the meting out of justice against particular anti-government activists.

In the 1990s a number of leaders emerged as popularizers of the tactic of bogus liens, from Texas activist Alfred Adask to the Montana Freemen in the remote Northwest. Proponents offered for purchase or even gave away free packets of information explaining exactly how to place such liens. Occasionally examples were even downloadable over the Internet. It was not long before anti-government activists ranging from “sovereign citizens” to militia members to white supremacists to tax protesters embraced “common law liens” (to name one commonly used term) as a way to strike back against a system they disliked so much.

http://www.adl.org/mwd/privlien.asp

That was written in 1998 before the advent of the Birthers, or they would have probably been included in that group.  Compare that description with this:

http://doityourselfballotchallenge.org/

The purveyors of the DIY Birther Lawsuit Kit provide this excuse for their conduct:

http://doityourselfballotchallenge.org/why.html

Pay attention to this language from above:

The multi state, multi county filing strategy of the Do It Yourself Ballot Challenge Kit is to have individuals file their own cases, in their own counties, all over the country. The purpose of filing so many cases all over the country is to find at least one honest judge willing to allow the evidence on these important issues to be brought forth publicly.

But they give away their true intent a little further down the page:

Jerry Collette, the developer of the Do It Yourself Ballot Challenge Kit, believes that some of the courts who dismissed, on procedural grounds, previous cases on this subject were correct; the plaintiffs had the wrong strategy. Jerry’s specialty is legal strategy. He has come up with a brand new strategy for this ballot challenge that goes straight to the key constitutional rights issues.

We believe that with this new strategy you will be far more likely to keep your case from getting dismissed. Go for it. Help us find that one honest judge, who might even be right there in your county. File your complaint in your local judicial district, using the Do It Yourself Ballot Challenge Kit, and, after you survive the defendants’ motions to dismiss and move your case, bring our nonprofit org and our attorneys into your case.

What a Brilliant Legal Strategist is Mr. Collette!!! Let’s go file a bunch of lawsuits and see if one of them lands in front of a drunk judge!!!  How clever. How very Sun Tzuey! The Legal Quack Hall of Fame has its winner for 2012! But let’s read a little deeper.

Sooo,  some cases were dismissed on procedural grounds. . . but Enguiring Minds, like mine, want to know on what basis the other cases were dismissed??? Maybe, on THE MERITS!!!  Collette and crew leave that little fact out. But Collette, and his running buddy, Sam Sewell, sure ought to be aware of this. After all, they just got smacked down hard in Florida in their last little Birther backed lawsuit which was dismissed ON THE MERITS WITH PREJUDICE (click on the Image to make it larger):

Here is a link to the full decision:

http://www.scribd.com/doc/99025994/FL-2012-06-29-Voeltz-v-Obama-order-dismissing-amended-complaint

Collette and Sewell know that the people who file these DIY Birther suits are going to get dismissed. The old term that was used to describe no-merit lawsuits that are filed in full anticipation of losing was vexatious litigation. Wiki briefly defines it as:

Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.

A single action, even a frivolous one, is not enough to raise a litigant to the level of being declared vexatious. Repeated and severe instances by a single lawyer or firm can result in eventual disbarment.

But the en masse Birther assault on the judicial system deserves the new term, Paper Terrorism. Like them, I hope they find one special judge. One special judge who will throw the book at the whole bunch of them and set them about turning big rocks into little rocks for 90 days or more.

Squeeky Fromm
Girl Reporter

Note 1. The Images. These Dramatic Re-Enactments were created by Pieter Bruegal of Bruegal & Son Painters, LLC,  of Flemburg, Belgium.

Note 2. The Florida Ballot Challenge. See this link for Sewell’s and Collette’s involvement:

http://thesteadydrip.blogspot.com/2012/07/strategyupdate-for-florida-ballot.html

For what it is worth, I predicted this was going to flop:

https://birtherthinktank.wordpress.com/2012/03/21/florida-birthers-roll-out-the-big-legal-gun-or-sam-sewell-cant-count-to-2/

Note 3. State Responses To Paper Terrorism. Some states are criminalizing some aspects of paper terrorism. See this Internet Article by Christopher A. Young, Esq.:

http://hennepin.timberlakepublishing.com/article.asp?article=1148

Note 4. The Ancients Knew How To Handle Clay Tablet Terrorism:

King Gilgamesh Sentences Apuzzutti And Other Serial Scribers To Hard Labor


When Your Face Freezes That Way!!! (Or, The Madness Of Paper Terrorism)

Even Fava Beans Couldn’t Make Birther Pre-frontal Lobes Digestible

When I was little, and pouted with my bottom lip stuck way out, my Mother used to tell me, “Squeeky, you better stop that right now, or your face might freeze that way!”  I used to worry a lot about that.  Thankfully, it wasn’t true, as Nat Segaloff points out:

Unless one is afflicted with a form of paralysis such as Bell’s palsy or myasthenia gravis, there is little chance that one’s face will ever “freeze” in a specific position. This advice falls into the same category as “Don’t cross your eyes. I knew a kid who did that and his eyes stayed that way forever.” For either change to occur, one’s muscles would have to become detached and replaced, or lock in spasm. And either contingency can be surgically corrected.

http://www.netplaces.com/tall-tales-legends-lies/old-wives-tales-or-bad-advice-from-well-meaning-relatives/your-face-is-going-to-freeze-that-way.htm

But, I think something like that does happen with our thought processes. If we play with delusions and paranoia on a daily basis, perhaps we risk our brains freezing that way.

Many of the two citizen parents Birthers seem to have Sovereign Citizen roots. I see the Sovereign Citizens as their Big Brother, who teaches them bad habits, and slips booze to them on the Q.T.  Both groups have major difficulty accepting the simple legal reality that the 14th Amendment simply put into writing, and into the U.S. Constitution, the English common law concept of natural born citizen.  Persons born in the United States are natural born citizens regardless of the citizenship of the parents. (As long as the parents aren’t foreign diplomats or invading soldiers.)

The delusion comes in when both groups refuse to accept decisions from the U.S. Supreme Court and other courts which are contrary to their mistaken beliefs .  In their minds, what is a legal question, and what has already been decided by the courts, is meaningless to them. Instead, they invent delusional Imaginary Laws to support their tenets. This is hardly the only idiotic legal argument they advance.

To some of them, Gold Fringe on a flag in the court room changes the whole thing over to some kind of Admiralty Court. Capital letters and punctuation in court filings provide either complete safety or total danger, depending on the situation. I have provided this link before, but it very important to establish the grossly insane and delusional belief system of these people:

http://www.adl.org/mwd/suss1.asp

The Birther legal arguments fit right in with this nonsense. The two citizen parent nonsense is made out of whole cloth, or more appropriately the  hole cloth of discarded ideas.  But these idiotic notions don’t just sit somewhere in Limbo and poke their heads out once in a while as grist for late night drunken conversations in a Hillbilly Honky Tonk.  Which brings us to Paper Terrorism, which Wiki defines this as:

Paper terrorism is a neologism to refer to the use of false liens, frivolous lawsuits, bogus letters of credit, and other legal documents lacking sound factual basis as a method of harassment, especially against government officials. These methods are popular among some anti-government groups and those associated with the redemption movement. Mark Pitcavage of the ADL states that these methods were pioneered by the Posse Comitatus. Some victims of paper terrorism have been forced to declare bankruptcy.

An article by the Southern Poverty Law Center states that another tactic is filing reports with the Internal Revenue Service falsely accusing their political enemies of having unreported income. Such frivolous lawsuits also clog the court system making it more difficult to process other cases and including using challenges to the titles of property owned by government officials and others. Another method of paper terrorism is filing bankruptcy petitions against others in an effort to ruin their credit ratings.

The Birthers have followed in their Big Brother’s footsteps, and now even have a Do It Yourself Eligibility lawsuit template to make it easier for more idiots to sue in more courts. The same result follows as each Birther lawsuit crashes and burns, but the nonsense continues.  If the whole issue stayed here on some juvenile delinquent loony lawsuit level, then sooner or later when Obama is out of office, the Birther lunacy would die by suffocation as all the oxygen gets sucked out of the movement.

But the danger is that the Birthers will also imitate the other bad behavior of the Sovereign Citizens.  I think you can just toy with madness for so long, and then you simply slip into full-time delusional and paranoid thinking. At some point, these people can completely lose any connection to reality. As happened once again this last week in Louisiana:

NEW ORLEANS (AP) — At least some of the seven people arrested in a fatal shootout with Louisiana deputies have been linked to violent anarchists on the FBI’s domestic terrorism watch lists, a sheriff said Saturday.

Detectives had been monitoring the group before Thursday’s shootout in Laplace in which two deputies were killed and two more wounded, said DeSoto Parish Sheriff Rodney Arbuckle. His detectives and other law enforcement discovered the suspects were heavily armed adherents to an ideology known as the “sovereign citizens” movement.

Sovereign citizens are a loosely organized movement founded in the 1970s and more fully developed in the 1980s, according to the Anti-Defamation League website. Sovereign citizens believe that all levels of government have no jurisdiction over them and resist — sometimes with violence — authority including police, the website said.

They also like to use what is dubbed “paper terrorism.” It involves using frivolous lawsuits and fake documents and of using genuine documents such as IRS forms to intimidate, harass and coerce public officials, law enforcement officers and private citizens.

http://news.yahoo.com/suspects-deputy-killings-linked-extremists-005244499.html

This isn’t the first such incident, and won’t be the last. What started off as stupid and delusional legal beliefs morphed over time into something far worse.  Reasonable paranoia about government crossed the line into psychosis. My GUESS is that these people are Birthers to boot, but that is probably secondary to what happened. The perps sound like they were well on the way to Madness before Obama.

But what I wonder is, when will Birthers fall into the same pattern? How long will it be before somebody who continues to deny legal reality slips over into denying other aspects of reality??? How long will it be before somebody who thinks Obama is kept in illegitimate authority by a corrupt judicial system, a corrupt Congress, and traitors galore – – – how long before some of those people succumb to the delusions and paranoia and just snap???

If this Reality isn’t satisfying enough, for Heaven’s sake they should join a Renaissance Group, or historical re-enactment troup.  Or, apply at their local Little Theatre.  Delusions and paranoia are just not things you can play with on a daily basis without serious risks.

Squeeky Fromm
Girl Reporter

Note 1. The Image. This is the well known psychiatrist, Dr. Hannibal Lector, from the Thomas Harris novels and related movies.  I think this particular shot is from the 1991 film, Silence of the Lambs. In a later film, Hannibal (2001), Dr. Lector feeds one of his victims slices of his own pre-frontal cortex.

The caption is Birther Appropriate. As Wiki says:

It is believed that at least some of the human abilities to feel guilt or remorse, and to interpret reality, lie in the prefrontal cortex. 

The Image Easter Egg is a “demonic French” word play on “You! hypocrite lecteur! – mon semblable, – mon frère!”: or, “Hypocrite reader! – my likeness, – my brother!” from a famous poem.  The Easter Egg line, “Hypocrite Birther! Vous semblable votre soeur!” poorly translates as  Hyprocrite Birther, you like your sister(soeur)!  But soeur sort of sounds like “sewer”, thus. . .  Hyprocrite Birther!, You like your sewer!

This is a “All your base are belong to us” kind of translation. Semblabe properly translates as either like the adjective meaning similar, or like the noun meaning likeness, but not as like the verb meaning to feel an attraction for.  Sooo, don’t say this in France. They will look at you strangely.

Note 2. Made Out Of Whole Cloth: I found this on the Internet:

The phrase “made out of whole cloth” (and variants) currently means “utterly without foundation in fact, completely fictitious.” This sense for “whole cloth” dates to 1840.

The meaning of the phrase “made out of whole cloth” appears to have begun to change in the United States in the first half of the 19th century. The OED labels the falsehood sense “U.S. colloquial or slang”, and provides a citation from 1843: “Isn’t this entire story … made out of whole cloth?” The change of meaning may have arisen from deceptive trade practices. Charles Earle Funk suggests that 19th-century tailors advertising whole cloth may really have been using patched cloth or cloth that was falsely stretched to appear to be full-width.

Alternatively, the modern figurative meaning of “whole cloth” may depend on a lie’s having sprung whole ex nihilo, having no connection with existing facts. All-newness distinguishes garments and lies made out of whole cloth. This is a positive characteristic for clothes, but not for the average tissue of lies and deception.

See here for the entire fascinating discussion of the phrase:

http://alt-usage-english.org/excerpts/fxwholec.html


Kabloony Tunes!!! (Or, Pas De Folie Adieu)

Whenever Things Got Slow In Swampy Acres, Gordon Would Launch Into His “Crazy Dance”

Well, Gordon Epperly, aka Yukon Jerk, filed another one of his silly Sovereign Sitizen-type lawsuits on June 24, 2012. This one is a Writ of Mandamus to force the State of Alaska to verify Obama’s eligibility in a timely fashion. On May 7, 2012 he filed an administrative  complaint seeking this relief and wasn’t getting anywhere. Here is a copy of his latest nonsense, which saves the reader from having to re-read some of the same stuff he filed on May 7, 2012:

Gordon Versus The Universe

Here is a brief excerpt from The Tri-City Herald:

He also claims that Obama, by taking office, has committed a crime of trying to overthrow the U.S. government. Epperly is acting as his own attorney.

The lawsuit is seeking the state Division of Elections to obtain a physical, “verified” copy of Obama’s birth certificate.

Epperly also questions U.S. Rep. Nancy Pelosi’s right to run for federal office. He claims that as a woman, Pelosi has no inherent right to be a U.S. citizen or to hold office.

“There are no provisions in the Constitution of the United States that grants Women ‘Political Rights’ of Suffrage to hold any Political Office of the United States Government,” the lawsuit says.

The lawsuit was filed against Obama, Pelosi, the state’s election director and Lt. Gov. Mead Treadwell, a Republican who oversees Alaska elections.

You should read the whole Internet Article above, because there are some really good opinions expressed about the suit.

Epperly made his first appearance at The Birther Think Tank last February when he filed a suit to declare Obama ineligible because of his race. Here is that first Internet Article:

https://birtherthinktank.wordpress.com/2012/02/23/yukon-jerk-says-mush-or-the-best-dang-birther-lawsuit-evah/

Anyway, Epperly’s latest sashay into the judicial arena has now been removed to federal court. I suspect that Epperly’s pleadings will soon be dumped into the nearest garbage dump. I just hope some poor little innocent polar bears don’t eat the paper and choke on it. Or catch some kind of Mad Polar Bear Disease.

Squeeky Fromm
Girl Reporter

Note 1. Kabloony. This is a wordplay based on Kabloona. As Wiki says:

Kabloona is a book by French adventurer Gontran de Poncins, [about his travels among the Esquimaux] written in collaboration with Lewis Galantiere. It was first published in the USA in 1941 as a selection of the Book-of-the-Month Club (via Time-Life Books), in England in 1942, and in French (as a translation of the English version) in 1947. The book contains many drawings by the author and 32 pages of black-and-white photographs in the first edition. In the United States, where it was most popular, it is considered a classic of travel literature.

The title Kabloona is a transcription of the Inuktitut word nowadays spelled qallunaaq (qablunaaq in Inuinnaqtun). It is a term originally used to describe white Europeans – a reference to their qalluit, the bushy eyebrows that the Inuit saw as the distinctive feature of Europeans. Nowadays, its use is a bit vaguer. It can mean Anglo-Canadian in contrast to other ethnolinguistic groups like the uiviimiut – French Canadians. Alternately, it is used to describe non-Inuit Canadian society, or even occidental society as a whole. In the 1940s, however, Inuit made fewer of those distinctions, and the term could easily apply to Poncins despite his French ethnicity.

Note 2. Pas De Folie Adieu.  A pigdin French double pun on “pas de deux” or a dance for two, and “de folie a deux” or a form of madness shared by more than one person, or shared psychosis. Here, pas de folie adieu means roughly “no farewell to madness.”


Monkeys As Judges Of Birthers (The Carl Swensson Simian Studies)

Unfooled, The Monkeys Knew That The Picture Of The Banana Was Not The Same Thing As A Real Banana

Hanging around with his Birther friends must have stimulated Carl Swensson’s scientific interest in monkeys and apes. Even the name of his website, Rise Up For America, is mute testimony to his fascination with bipedalism, and the advantages of walking erect on two legs over scampering around on four legs or knuckle dragging. At his website we find the following Scientific Simian Study:

Subject: Psychology 101

If you start with a cage containing five monkeys and inside the cage,
hang a banana on a string from the top and then you place a set of
stairs under the banana, before long a monkey will go to the stairs
and climb toward the banana.

As soon as he touches the stairs, you spray all the other monkeys
with cold water. After a while another monkey makes an attempt with
same result … all the other monkeys are sprayed with cold water.
Pretty soon when another monkey tries to climb the stairs, the
other monkeys will try to prevent it.

Now, put the cold water away.

Remove one monkey from the cage and replace it with a new one.
The new monkey sees the banana and attempts to climb the stairs.
To his shock, all of the other monkeys beat the crap out of him.
After another attempt and attack, he knows that if he tries to climb
the stairs he will be assaulted.

Next, remove another of the original five monkeys, replacing it
with a new one. The newcomer goes to the stairs and is attacked.
The previous newcomer takes part in the punishment… with enthusiasm.

Then, replace a third original monkey with a new one, followed by
a fourth, then the fifth. Every time the newest monkey takes to
the stairs he is attacked. Most of the monkeys that are beating him up
have no idea why they were not permitted to climb the stairs.
Neither do they know why they are participating in the beating of the
newest monkey.

Finally, having replaced all of the original monkeys, none of
the remaining monkeys will have ever been sprayed with cold
water. Nevertheless, none of the monkeys will try to climb
the stairway for the banana.

http://riseupforamerica.com/fromhereon.html

Actually, what Swensson has managed to prove is that monkeys are smarter than Birthers.  The monkeys in the above experiment learned from bad experiences and did not repeat them, or let other monkeys repeat them. When have you ever seen a Birther do that??? Swensson’s own personal foray into the Georgia Courts proves that Birthers do not learn from bad experiences. His lawsuit repeated the same two citizen-parents nonsense that has had cold water poured on it by every single court which hears it.

And make no mistake about it, every time a Birther loses in court, the entire Birther Community gets doused. Swensson’s legal legacy to this point, has only served to increase the persuasive authority of the Ankeny v. Governor case. As a result, successive Birthers will only find an impossible task made even more impossible. His public relations legacy is even worse – just another stupid Birther taking a flying head-long dive into a brick wall.

Perhaps we should all take a moment to thank our Lucky Stars that we are descended from monkeys, not Birthers. Else, the human race would still be furry, sitting in trees, and trying to open coconuts by banging them against their heads.

As a side note, I have it on good authority that a local Georgia PETA chapter attempted a Simian Snatch and Grab operation at Mr. Swensson’s home. However, the monkeys had already escaped. Apparently, they were able to lure Mr. Swensson and several of his Birther friends inside the enclosure with a green and white piece of paper. While the humans fought over the piece of paper, the monkeys slipped out. Somehow, they managed to lock the door of the enclosure trapping the Birthers inside.

Squeeky Fromm
Girl Reporter

Note 1. The Image. The Image above is called Monkeys As Judges Of Art (1889) by Gabriel Cornelius von Max.


It Took Over 40 Years of Tobacco Lawsuits!

One Part Hope and Change to Three Parts Shellac

While all the silly Obots are carrying on today about the Kershner case, it should be remembered that it took 40 years of lawsuits until Big Tobacco was finally cornered. Sooo, maybe it isn’t insanity after all to keep after Obama in court. Plus, when you lose in court, it doesn’t really hurt anything. It just makes more Birthers! And makes Obama look guiltier! Here is some tobacco lawsuit stuff:

A Tobacco Lawsuit Primer
Francesco Barbera
Posted Tuesday, April 25, 2000,

Smokers have been suing tobacco companies since the 1950s. Until recently, they have been almost entirely unsuccessful–mainly because tobacco companies argued effectively that smoking is a personal choice and that people have known of its harmful side effects for years. That argument is proving less effective these days as plaintiffs produce documents proving that cigarette makers have known all along their product is addictive.

http://www.slate.com/id/1005187/

Here is a real long detailed article. It looks like the first tobacco lawsuit was in 1954!

1954-03-10: LITIGATION: St. Louis factory worker Ira C. Lowe files a suit, the first product liability action brought against a tobacco company. PHILIP MORRIS hired DAVID R. HARDY to defend the company against a lawsuit brought by a Missouri smoker who had lost his larynx to cancer. This case was the beginning of PM’s association with SHOOK, HARDY & BACON. The case was won in 1962; the jury deliberated one hour.

http://www.tobacco.org/resources/history/Tobacco_History20-2.html

Squeeky Fromm
Girl Reporter