Orly Taitz Applauds Birther Victory Handed Down By State Judge In Georgia

Orly Taitz, a California attorney and queen of the birthers, won a small victory this week when a judge in Georgia denied a motion by the Obama administration to have one her many challenges to the president's ballot eligibility dismissed.

Taitz, who maintains that Obama is not a natural-born citizen and therefore is not eligible to be president -- despite the White House's release of his full "long-form" birth certificate last year -- appeared elated at the decision:

"THANK YOU GOD!!! I AM READY TO CRY! AFTER 3 YEARS OF BATTLE FOR THE FIRST TIME A JUDGE RULED THAT OBAMA'S MOTION TO DISMISS IS DENIED. I CAN NOW DEPOSE OBAMA AND EVERYBODY ELSE INVOLVED WITHOUT ANY IMPEDIMENT," she wrote on her website.

Following the decision by Deputy Chief Judge Michael Malihi in the Office of State Administrative Hearings, the hearing on Taitz's complaint has been set for Jan. 26 in Fulton County, Ga. Obama will not be required to attend.

Taitz has hit Georgia hard on the birther issue -- as have other complainants -- but this is her first success of this nature there, or anywhere, for that matter. A previous attempt in Georgia resulted in her being fined.

The Columbus Ledger-Enquirer reports:

Taitz represented two soldiers in U.S. District Court in Columbus who sought to avoid deployment by arguing Obama wasn't the commander-in-chief because he wasn’t eligible to be president. Federal Judge Clay Land warned Taitz against filing a frivolous suit, then fined her $20,000 after he denied the second claim.

On her website, she notes the significance of the decision being passed down in the same state where she was so heartily rejected, calling it "particularly sweet."

It's a rare turn of events for the birther die-hard, who has been among the most vocal and most active members of the anti-Obama movement. She was rejected unanimously by a New Hampshire panel last year, after testifying that Obama's birth certificate was a forgery.

Earlier on HuffPost:

Comments

[mjvoter]

02:22 PM on 01/30/2012

What is really going on here is that there are some people who really would like to run for president who can't because they don't meet the qualifications themselves and it galls them that Obama is the president. People like Orly Taitz who wants to run for the Senate but will never be able to run for president. Arnold Schwartzeneger who can never run for president.

[mjvoter]

01:58 PM on 01/30/2012

What birthers don't realize is that more people who might not have voted at all are going to vote for Obama because of the attention they have given him. I would be willing to bet that the birther attention gets more votes for Obama than it loses. People who would believe the birther stuff were never going to vote for Obama in the first place.

[amd02148]

06:58 PM on 01/30/2012

Fanned and faved mjvoter. Great minds think alike! there are tens of thousands Ind. voters, are just sitting on the fence seeing how things play out. Everytime Orly opens her mouth she makes one Independant vote Democat. You go girl! keep up the good work Orly!

[omcovert]

09:56 PM on 03/04/2012

You are very wrong there sir.......there is more hate for that man than I've ever seen since the 30's depression. The fact that Sheriff Joe has proven the B.C. is a forgery it's a new ball game. I'll lay you odds he won't be on AZ ballot. For juditial power the Sheriff comes right after the Speaker of the house,,,,,,he shows in AZ Sheriff Joe will arrest him for forgery which is a felony

[Jillian Young]

01:51 PM on 03/28/2012

Seriously? REALLY ??

[chuckergrande]

12:55 PM on 01/30/2012

Orly has spent any credence capital she possibly had. She's now a certified fringe lunatic.

[chuckergrande]

12:54 PM on 01/30/2012

Do the Birthers understand the breathtaking scope of the cover-up required to support an illegal Obama? The State of Hawaii, Harvard Univ., newspapers from 50-odd years ago, the list goes on...

[Boopsie2008]

06:04 PM on 01/28/2012

For those raising the old "Indonesian citizen" issue, here's why it isn't an issue:

http://www.visalaw.com/06nov2/2nov206.html

[Boopsie2008]

05:34 PM on 01/28/2012

Paul J. Liacos, a criminal law attorney and former Chief Justice of the Massachusetts Supreme Judicial Court, once told of the U.S. government prosecuting his criminal client in several different states. When he won a dismissal, the government would then sue again somewhere else, a relentless pursuit designed to make the target's life miserable even though they could never win the case. Each dismissal was, I believe, based on the doctrine of res judicata ("already decided") but that didn't stop the U.S. government from bringing yet another lawsuit in yet another jurisdiction. Finally, Liacos sued based on the government's relentless pursuit of his client and won an injunction barring the government from suing his client again for the same alleged crime. I'm afraid I don't remember the theory on which he won, but couldn't the President's legal counsel do the same thing here with Taitz?

[Dell Johnson]

11:39 AM on 01/28/2012

This woman the birther was born and raised in the Soviet Communist Union. So you better wonder what is her motive behind all this she could be a spy in our country, she need to be expell from the US and these sitting judge and Secretary of State are to be ashame of this kangroo court. It is time for all these craziness to be put in a mental hospital. Especially this Ortiz or sent out of the US for trying to excit a roit, treason and etc.

[annalrichard]

05:55 PM on 01/27/2012

You people of GA! Do you not understand that your State officials are wasting your tax money by bringing bogus charges against your President? Deputy Chief Judge Michael Malihi and Mr. Kemp are wasting your tax dollars on charges they know, themselves, will be dismissed for lack of truth. They have a desire for attention and this is how they hope to achieve it! President Obama, as a sitting President is immune to any charges they may offer and what's more they know this. It's imperaitvie, that you voters be sure to put Malihi and Kemp out of business, when they come up for re-election. Your State of GA is already a poor State and unnoticed among the 50 states, so don't let these Republicans, who are so frightened Gingrich will not become President, that they are trying to hold our President hostage so Newt might win. It's evident, Newt will not win Presidency. Shame on your officials for trying to sabotaguing our President...It just doesn't work, that way, Malihi and Kemp. I'll be following you, Republicans to see if you're re-elected. Newt is the worst "Cheater",you could support as a candidate. Us Northerners will continue to vote for our current President. The one, you're trying to sabotague!

[Alexis Elizabeth Drob]

06:13 PM on 01/24/2012

Has anyone considered this woman may be having a psychotic breakdown, she really needs to be placed in an asylum for the safety of the country and her own safety. She needs some serious mental help and quickly!!!

[Boopsie2008]

05:37 PM on 01/28/2012

I think she gets off on her sick hatred of the President.

[jbarelli]

03:40 PM on 01/30/2012

I think she makes most of her income based on her sick hatred of the President.

[mjvoter]

01:55 PM on 01/30/2012

No but I have considered, and seriously at that, that she might be a spy for another country and her followers are being duped into thinking that she cares anything about the US at all.

[guyoxim]

06:25 PM on 01/30/2012

That's silly. A spy would try to keep a low profile. What would she provide as a spy that couldn't be gotten by reading the NY Times online? Detailed descriptions of the inside of the many courthouses she's visited?

[xxeminemx39]

05:18 PM on 01/24/2012

GET A FCUKN LIFE. THIS JUST SHOWS HOW BIG OBAMA WILL WIN COME NOVERMBER. I PREDICT 56%+ OF THE NATIONS VOTE.

[Boopsie2008]

05:35 PM on 01/28/2012

Easily.

[amd02148]

07:01 PM on 01/30/2012

Fanned and faved xxeminemx39. I predict well over 56 as well.

[AustinMike45]

01:43 PM on 01/22/2012

No matter who's side you are on, how could you want to deny the Supreme Court from ruling on this once and for all so we can be done with all this.

[RepsSuck]

03:53 PM on 01/24/2012

SURE! The same Supreme Court that ignored the vote of the people, and instead installed BUSH! That will work!

[lacaliffa1288]

09:52 PM on 01/26/2012

I'm on the side of sanity. To believe this crazy woman, you would have to believe in a huge conspiracy by the Dept. of Health for the State of Hawaii. The lies that have been exposed about the President's family have been such an insult to him, his family and the sane people in our nation. This nonsense has been easily and effectively disproved by the facts and evidence. It is simply embarrassing for this nonsense to continue.

First of all, the President doesn't have to prove he is a citizen. A challenger must prove that he isn't. No one has proved that he was not born to a citizen of the United States, making him a U.S. citizen. No on has proved that he was not born in Hawaii as State officials have verified, therefore he is a U.S. citizen. There is no case to move forward.

And these are the people who think it's a frivolous case to sue a doctor who removes the wrong kidney????

[omcovert]

10:01 PM on 03/04/2012

This man was never vetted.....he was born in Kenya

[borderraven]

03:30 AM on 01/17/2012

Mark your calendars for what happens in the courts on
January 5, 13, 16-17, 26
February 5

Atlanta, Georgia

[TwinX]

12:35 PM on 01/17/2012

Already done. It's going to be a scream (but not for you birthers).

[TwinX]

06:13 AM on 01/28/2012

So, how do you think the hearing went from your POV?

[borderraven]

03:26 AM on 01/17/2012

Minor v Happersett 1874
It was never doubted that all children born in [jus soli] a country of parents [jus sanguinis] who were its citizens became themselves, upon their [native] birth, citizens also.

These were natives, or natural-born citizens, as distinguished from aliens or foreigners. [All children born of domiciled persons are native born, this is the place of their birth.]

Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their [88 U.S. 162, 168] parents.

As to this class there have been doubts, but never as to the first.”
[Some authorities doubt the citizenship of children born to non-immigrant aliens, but there is no doubt native born children of citizens are natural born citizens.]

[mydangself]

10:18 PM on 01/20/2012

You keep saying those words....I do not think they mean what you think they mean....

[Ellen K]

10:05 AM on 01/14/2012

For all the vitriol being flung at Taitz, there is one thing that even liberals have to admit-the American people deserve answers and true transparency from this president. For a guy to claim he's going to operate on a principle of transparency and then block off all personal history except for his book, which was probably ghost written, is the antithesis of the openness he said he embraced. What was his thesis? Where are the written opinions from the Harvard Law Review he edited? How come he had a scholarship reserved for foreign exchange students? Why is his own personal history so deliberately obsfucated? While we know who Gore roomed with, what W did on campus and even that Clinton went to the USSR during a time when that was frowned upon are all matter of record. But instead of answers, we get third generation copies and a personal history that has more holes in it than a piece of Swiss cheese. So for all those who like to bash the birthers, go ahead. But in the back of your mind, unless you have surrendered your will to the DNC, you have to be asking the same questions. Who IS this guy, really? Why is his history even in Chicago so sketchy including the family home, which evidently he didn't even completely own? Sorry, but I don't like people or organizations that keep secrets.

[fantastiq1]

10:53 AM on 01/14/2012

The American people have a RIGHT to know who they are voting for. Demand transparency, if not for your own peace of mind, then for your Constitution!

[TwinX]

11:04 AM on 01/14/2012

You make a number of assertions but cite no evidence for your various claims. I can tell you right off that the 'foreign Scholarship' thing was an April Fool's Day Hoax from three years ago.

http://irregulartimes.com/index.php/archives/2009/05/03/barack-obama-to-occidental-as-foreigner-barry-soetero/

You might have guessed that, since it also included the claim that Obama's transcript/s had been released by Occidental, and here we are three years later and birthers are still wailing for the transcripts.

Do you realize that no candidate/President has ever voluntarily waived their right to privacy and released such records?

[mydangself]

10:39 PM on 01/12/2012

Orly's about to get the smackdown tomorrow!!! Vexatious litigant status is being requested in Hawaii for her nonsense! Let's see her spin this one.

[TwinX]

06:21 AM on 01/13/2012

This is turning out to be an excellent month. Not for birthers, though. :-)

[fantastiq1]

10:57 AM on 01/14/2012

Or apparently, transparency, truth or the Constitution of the United States. And you celebrate this? Why?

[y p w]

03:05 PM on 01/13/2012

I took a look at what Taitz actually requested and the response from Hawaii. She's actually asking for the original document in the Hawaii Dept of Health files along with the microfiche roll that contains an image of the original. That's just ludicrous. What is to prevent her from tampering or destroying it once she gets her hands on it? In addition, to ask for the entire microfiche roll means revealing the images of dozens to hundreds of other certificates that are protected by state law.

http://www.scribd.com/doc/78110807/TAITZ-v-FUDDY-HI-CIR-CT-Memorandum-in-Opposition-to-Plaintiff-s-Motion-Reciprocal-Subpoena-Enforcement

I guess I was wrong that the administrative law judge didn't directly sign off on the subpoena (or at least a signature stamp was used?). However, a subpoena doesn't give one the right to ask for anything, as well as the Hawaii Attorney General's office determining that Georgia state law only allows for a subpoena to be served in the boundaries of Georgia.

I'm wondering if the judge actually signed off on this or if his clerk just stamped it on his behalf, which is common with subpoenas. I understand that a lot of subpoenas are only filed with a clerk, without a judge ever adjudicating their correctness.

[mydangself]

03:32 PM on 01/13/2012

The "subpoena" Orly used was simply downloaded from the Ga. website and was pre-signed. So there was no sign off or approval by anyone but Orly. Orly then tried to pretend they were valid and allowed her to demand whatever she wanted. (Even when the Rules for administrative hearings in Ga. say otherwise)