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Context of 'Shortly After 9:37 a.m.: FISA Judge Grants Five Warrantless Surveillance Requests Minutes after Pentagon Attack'

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Omar Mohammed Ali Rezaq is rendered from Nigeria to the US. [Grey, 2007, pp. 245] Rezaq had led the hijacking of an EgyptAir plane for the Abu Nidal group in 1985, and had been sentenced to 25 years in prison in Malta after the plane was re-taken there with much loss of life. However, Rezaq only served seven years before somehow leaving the prison and traveling to Ghana. When he attempts to enter Nigeria, he is seized by the local authorities and turned over to the FBI, which renders him to the US. Rezaq will later be sentenced to 25 years in jail in the US for air piracy, and Judge Royce Lamberth will recommend that any request for parole be rejected. The other hijackers died when the plane was retaken. [CNN, 10/7/1996]

Entity Tags: Federal Bureau of Investigation, Royce Lamberth, Omar Mohammed Ali Rezaq, Abu Nidal

Timeline Tags: Torture of US Captives

Following the issuance of the “wall” memo, which established procedures to regulate the flow of information from intelligence investigations by the FBI to local criminal prosecutors (see July 19, 1995), an additional information sharing “wall” is erected inside the FBI. After 9/11, the Justice Department’s Office of Inspector General will find, “Although it is unclear exactly when this ‘wall’ within the FBI began, [it was] sometime between 1995 and 1997.” This additional wall segregates FBI intelligence investigations from FBI criminal investigations and restricts the flow of information from agents on intelligence investigations to agents on criminal investigations, because of problems that may occur if the flow is not regulated (see Early 1980s). If an intelligence agent wants to “pass information over the wall” to a criminal agent, he should get approval from one of his superiors, either locally or at FBI headquarters. A description of wall procedures comes to be commonplace in all warrant requests filed under the Foreign Intelligence Surveillance Act (FISA). [US Department of Justice, 11/2004, pp. 30-32 pdf file] However, FBI agents often ignore these restrictions and over a hundred cases where information is shared without permission between intelligence and criminal FBI agents will later be uncovered (see Summer-October 2000 and March 2001).

Entity Tags: Federal Bureau of Investigation, Foreign Intelligence Surveillance Act, US Department of Justice

Timeline Tags: Complete 911 Timeline

The Justice Department’s Office of Intelligence Policy and Review (OIPR), which helps obtain warrants under the Foreign Intelligence Surveillance Act (FISA), discovers errors in several al-Qaeda related FISA applications under a counterterrorist program called “Catcher’s Mitt.” The OIPR verbally notifies the FISA Court of the errors, which are mostly in affidavits submitted by supervisory special agents at field offices. Then, in September and October 2000, the OIPR submits two pleadings to the court regarding approximately 75-100 applications with errors starting in July 1997. Many of the errors concern misleading statements about the nature of collaboration between criminal and intelligence agents. Most of these applications stated that the FBI New York field office, where the I-49 squad focusing on al-Qaeda was based (see January 1996 and Late 1998-Early 2002), had separate teams of agents handling criminal and intelligence investigations. But in actual fact the I-49 agents intermingled with criminal agents working on intelligence cases and intelligence agents working on criminal cases. Therefore, contrary to what the FISA Court has been told, agents working on a criminal investigation have had unrestricted access to information from a parallel intelligence investigation—a violation of the so-called “wall,” the set of bureaucratic procedures designed to separate criminal and intelligence investigations (see July 19, 1995). [Newsweek, 5/27/2002; Newsweek, 3/29/2004; US Department of Justice, 11/2004, pp. 36-37 pdf file] The information about al-Qaeda in these cases is also shared with assistant US attorneys without FISA permission being sought or granted first. Other errors include the FBI director wrongly asserting that the target of a FISA application was not under criminal investigation, omissions of material facts about a prior relationship between the FBI and a target, and an interview of a target by an assistant US attorney. [Foreign Intelligence Surveillance Court, 5/17/2002] This leads the FISA Court to impose new requirements regarding the “wall” (see October 2000). Similar problems will be found in FISA applications for surveillance of Hamas operatives (see March 2001).

Entity Tags: Office of Intelligence Policy and Review, US Department of Justice, Foreign Intelligence Surveillance Court, I-49, Foreign Intelligence Surveillance Act, FBI New York Field Office, Federal Bureau of Investigation, Catcher’s Mitt

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

FISA court judge Royce Lamberth was angry with the FBI over misleading statements made in FISA wiretap applications.FISA court judge Royce Lamberth was angry with the FBI over misleading statements made in FISA wiretap applications. [Source: Public domain]While monitoring foreign terrorists in the US, the FBI listens to calls made by suspects as a part of an operation called Catcher’s Mitt, which is curtailed at this time due to misleading statements by FBI agents. It is never revealed who the targets of the FBI’s surveillance are under this operation, but below are some of the terrorism suspects under investigation in the US at the time:
bullet Imran Mandhai, Shuyeb Mossa Jokhan and Adnan El Shukrijumah in Florida. They are plotting a series of attacks there, but Mandhai and Jokhan are brought in for questioning by the FBI and surveillance of them stops in late spring (see November 2000-Spring 2002 and May 2, 2001);
bullet Another Florida cell connected to Blind Sheikh Omar Abdul-Rahman. The FBI has been investigating it since 1993 (see (October 1993-November 2001));
bullet Al-Qaeda operatives in Denver (see March 2000);
bullet A Boston-based al-Qaeda cell involving Nabil al-Marabh and Raed Hijazi. Cell members provide funding to terrorists, fight abroad, and are involved in document forging (see January 2001, Spring 2001, and Early September 2001);
bullet Fourteen of the hijackers’ associates the FBI investigates before 9/11. The FBI is still investigating four of these people while the hijackers associate with them; [US Congress, 7/24/2003, pp. 169 pdf file]
bullet Hamas operatives such as Mohammed Salah in Chicago. Salah invests money in the US and sends it to the occupied territories to fund attacks (see June 9, 1998).
When problems are found with the applications for the wiretap warrants, an investigation is launched (see Summer-October 2000), and new requirements for warrant applications are put in place (see October 2000). From this time well into 2001, the FBI is forced to shut down wiretaps of al-Qaeda-related suspects connected to the 1998 US embassy bombings and Hamas (see March 2001 and April 2001). One source familiar with the case says that about 10 to 20 al-Qaeda related wiretaps have to be shut down and it becomes more difficult to get permission for new FISA wiretaps. Newsweek notes, “The effect [is] to stymie terror surveillance at exactly the moment it was needed most: requests from both Phoenix [with the Ken Williams memo (see July 10, 2001)] and Minneapolis [with Zacarias Moussaoui’s arrest] for wiretaps [will be] turned down [by FBI superiors],” (see August 21, 2001 and August 28, 2001). [Newsweek, 5/27/2002] Robert Wright is an FBI agent who led the Vulgar Betrayal investigation looking into allegations that Saudi businessman Yassin al-Qadi helped finance the embassy bombings, and other matters. In late 2002, he will claim to discover evidence that some of the FBI intelligence agents who stalled and obstructed his investigation were the same FBI agents who misrepresented the FISA petitions. [Judicial Watch, 9/11/2002]

Entity Tags: Royce Lamberth, Shuyeb Mossa Jokhan, Catcher’s Mitt, Robert G. Wright, Jr., Zacarias Moussaoui, Raed Hijazi, Mohammad Salah, Federal Bureau of Investigation, Al-Qaeda, Adnan Shukrijumah, Central Intelligence Agency, Nabil al-Marabh, Ken Williams, Imran Mandhai, Foreign Intelligence Surveillance Act

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Royce Lamberth’s letter to John Ashcroft, obtained by the 9/11 Timeline by Freedom of Information Act request.Royce Lamberth’s letter to John Ashcroft, obtained by the 9/11 Timeline by Freedom of Information Act request. [Source: Foreign Intelligence Surveillance Court]The Justice Department’s Office of Intelligence Policy and Review (OIPR) discovers that an application for a warrant under the Foreign Intelligence Surveillance Act (FISA) is misleading. The application is for surveillance of the Palestinian militant group Hamas and the supporting affidavit was signed by FBI agent Michael Resnick. The Justice Department’s Office of Professional Responsibility (OPR) is already investigating dozens of similar errors in FISA warrants for surveillance of al-Qaeda targets in the US (see Summer 2000-September 11, 2001). The application is misleading because its does not accurately describe the “wall” procedures being followed by several FBI field offices. Wall procedures regulate the passage of information from FBI intelligence agents to FBI criminal agents and local US attorneys’ offices. The misleading description is also found in another 14 warrant applications for surveillance of Hamas. The impact of the misleading statements in the Hamas investigations has not been disclosed, but in the al-Qaeda cases the wall was breached because criminal agents had unrestricted access to intelligence information (see Summer-October 2000). Royce Lamberth, Presiding Judge on the FISA Court, writes to Attorney General John Ashcroft saying it will no longer accept any applications where the supporting affidavit is signed by Resnick and asking for an immediate inquiry. [Foreign Intelligence Surveillance Court, 3/9/2001 pdf file; New York Times, 9/19/2001; New York Times, 5/27/2002; Washington Post, 8/23/2002; Arab News, 3/3/2004; US Department of Justice, 11/2004, pp. 39 pdf file] The Justice Department’s investigation into the misleading applications finds that “none of [them]… were the result of professional misconduct or poor judgement,” but that “a majority of the errors were the result of systemic flaws.” [US Department of Justice, 11/2004, pp. 40 pdf file] Following the discovery of the errors in the FISA applications, surveillance of al-Qaeda and Hamas targets in the US is curtailed (see April 2001). Resnick remains with the bureau and will become head of the Joint Terrorism Task Force in North Carolina and then chief of the Terrorist Identities Group at the FBI’s National Counter Terrorism Center. [US Congress, 3/30/2006; WCNC, 6/20/2006]

Entity Tags: John Ashcroft, Foreign Intelligence Surveillance Court, Foreign Intelligence Surveillance Act, Michael Resnick, Catcher’s Mitt, Royce Lamberth, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A surveillance program known as Catcher’s Mitt is curtailed, and ten to twenty al-Qaeda wiretaps, as well as some Hamas wiretaps, are not renewed. This follows the discovery of errors in applications for warrants under the Foreign Intelligence Surveillance Act (FISA) related to both al-Qaeda and Hamas and the introduction of new procedures (see Summer 2000-September 11, 2001, Summer-October 2000, October 2000, and March 2001). [New York Times, 9/19/2001; Newsweek, 5/27/2002; Newsweek, 3/29/2004] In addition, other similar programs such as Able Danger and Monarch Passage are shut down at the same time (see (February-March 2001) and January-March 2001).

Entity Tags: Al-Qaeda, Foreign Intelligence Surveillance Act, Catcher’s Mitt, Hamas

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Royce Lamberth, head of the FISA court which grants warrants for intelligence cases, grants five warrantless surveillance requests minutes after the Pentagon attack. Lamberth will later report being stuck in a carpool lane near the Pentagon when it is hit. With his car enveloped in smoke, he calls US marshals to help him get to his office. Lamberth will later say that by the time officers reached him, “I had approved five FISA coverages [warrants] on my cellphone.” [Associated Press, 6/24/2007] Presumably this represents the start of a flurry of surveillance activity in response to the 9/11 attacks, but it is not known who was to be monitored or how their names were learned and acted on so quickly.

Entity Tags: Royce Lamberth

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A lawsuit filed by failed presidential candidate Alan Keyes and handled by lawyers Orly Taitz and Gary Kreep (see November 12, 2008 and After) is dismissed by the Superior Court of California. The lawsuit asked that since President Obama’s US citizenship is “unproven,” the court bar him from serving as president until the issue is “resolved.” [Superior Court of California, 3/13/2009] Appeals of the lawsuit, going all the way to the California Supreme Court, will be dismissed as well. [Disposition: Keyes v. Bowen, 2/2/2011]

Entity Tags: Barack Obama, Orly Taitz, Gary Kreep, Alan Keyes

Timeline Tags: Domestic Propaganda, 2008 Elections

The fraudulent birth certificate presented by California lawyer Orly Taitz ‘proving’ that Barack Obama was born in a Kenyan hospital.The fraudulent birth certificate presented by California lawyer Orly Taitz ‘proving’ that Barack Obama was born in a Kenyan hospital. [Source: Snopes (.com)]California attorney Orly Taitz posts an image of what she says is President Obama’s “true” birth certificate, this one issued in Kenya (see June 13, 2008). Taitz then files a motion in federal court to prove its authenticity. The conservative news blog WorldNetDaily (WND) quickly publishes an article repeating Taitz’s claim. WND notes that the Kenyan document lists Obama’s parents as “Barack Hussein Obama and Stanley Ann Obama, formerly Stanley Ann Dunham.” The birth date is August 4, 1961, and the hospital of birth is Coast General Hospital in Mombasa, Kenya. The document lists no attending doctor. It does list the signature of the deputy registrar of Coast Province, Joshua Simon Oduya. According to the document, it was issued as a certified copy of the original in February 1964. WND claims that it has compared the Taitz document to other Kenyan birth certificates, and, it concludes, “the form of the documents appear to be identical.” WND admits that other fraudulent Kenyan birth certificates have recently been posted on the Internet, but, it says, “[t]he new document released by Taitz bears none of the obvious traits of a hoax.” Critics note that the Taitz document was certified as being issued by the Republic of Kenya on February 17, 1964, though the Republic of Kenya did not come into existence until December 1964. However, WND says, “Kenya’s official independence was in 1963, and any number of labels could have been applied to government documents during that time period.” According to WND, Taitz says she received the document “from an anonymous source who doesn’t want his name known because ‘he’s afraid for his life.’” Taitz’s court filing, in the US District Court for the Central District of California, requests the purported evidence of Obama’s birth—both the alleged birth certificate and foreign records not yet obtained—be preserved from destruction, asks for permission to legally request documents from Kenya, and seeks a subpoena for deposition from Secretary of State Hillary Clinton. Taitz tells WND: “I filed the motion with the court asking for expedited discovery, which would allow me to start subpoenas and depositions even before Obama and the government responds. I am asking the judge to give me the power to subpoena the documents from the Kenyan embassy and to require a deposition from Hillary Clinton so they will be forced to authenticate [the birth certificate]. I’m forcing the issue, where Obama will have to respond.… Before, they said, ‘You don’t have anything backing your claims.’ Now I have something. In fact, I have posted on the Internet more than Obama has (see June 13, 2008). My birth certificate actually has signatures.” Taitz says she plans to file more documents with the court in the following days. [St. Petersburg Times, 8/2/2009; WorldNetDaily, 8/2/2009]
Forgery - PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, asks for clarification from Salim Lone, the spokesman for Kenyan Prime Minister Raila Odinga. Lone says via email: “It’s a forgery. Kenya only became a republic in December, 1964. Other arguments could also be marshaled, but they are not needed.” Blogger Steve Eddy then finds a nearly-identical document on the Internet using Google Search, posted on a genealogy Web site by an Australian, David Jeffrey Bomford. Eddy compares the two and, according to PolitiFact: “Same format. Same book and page number in the birth registry. Some of the officials’ last names were even the same.” Eddy tells PolitiFact, “At that point, it was pretty obvious the Kenyan one was a fake, that someone had used this real one from Australia to make their version.” An ABC affiliate in Australia asks Bomford, a public service clerk in Adelaide, about the controversy, and Bomford replies: “That is ridiculous. Little old person in Adelaide, the president of the United States. I don’t know whether to laugh about it or not, be worried about it.” Bomford says he had nothing to do with the hoax. “It’s little old me and my mum and everything else up there,” he says. The birth certificate he posted online is his own, he says. “Oh, I definitely confirm that the birth certificate was mine. That was quite easy to see—my address, even the style of the birth certificate was an old South Australian one. So it’s quite easy to identify that it’s mine.… It’s definitely a copy of my certificate. It’s so laughable it’s ridiculous.” [St. Petersburg Times, 8/2/2009] The Washington Independent’s David Weigel notes , “The image is part of the extremely ill-informed conspiracy theory that Obama was born in Mombasa—conveniently, one of the more Muslim parts of the country.” The Obama family lives in an entirely different part of Kenya, over a thousand miles from Mombasa. Moreover, at the time of Obama’s birth, Mombasa was not a part of Kenya, but part of Zanzibar. [Washington Independent, 8/3/2009]
Rebuttal - Taitz posts on her Web site that Bomford’s certificate, not her own, is the fake, and says Bomford or someone else altered that certificate from the “original” Obama certificate to discredit her. Eddy says of Taitz’s claim, “There’s no reasoning with some of these people.” A blogger from “Obama Not Qualified” writes a long screed detailing his or her belief that the Taitz document is real, though noting his or her belief that the photo Taitz originally posted may not be real, and giving a step-by-step walkthrough of how to create a falsified document. PolitiFact receives a response from Val Edyvean, registrar of births, deaths and marriages for South Australia, saying: “It appears that a South Australian loaded an image of his own birth certificate onto a family history Web site and that the format was used by others to ‘create’ a document which purported to be a Kenyan birth certificate for Barack Obama. As the South Australian man has now removed this image, and the date of his birth is in the period of certificates which are restricted from public access, I do not intend to add to speculation by commenting on details of either that certificate or any aspects of it.” [Obama Not Qualified, 2008; St. Petersburg Times, 8/2/2009]
Conclusion - WND publisher Joseph Farah publishes a column expressing his feeling that the Taitz certificate is “probably” a forgery, and claims that WND never made any assertion of its validity. (Farah also says that the State of Hawaii has “steadfastly refused” to state that the birth certificate posted by the Obama campaign in 2008 is valid, a false statement—see October 30, 2008 and July 28, 2009). “The Kenyan document could be real. I haven’t seen a single disqualifying error pointed out in the last 24 hours. But I still strongly suspect it is not,” he writes. Instead, he says, WND posted the certificate and the accompanying article so that it could be fact-checked. He then claims that Obama has “hidden” his real birth certificate and “virtually every other meaningful document in his life” from public scrutiny. [WorldNetDaily, 8/4/2009] PolitiFact concludes that the Taitz certificate “is a fake.” However, “we have no delusions this changes anyone’s mind in the birther movement.” [St. Petersburg Times, 8/2/2009]

Entity Tags: Steve Eddy, US District Court for the Central District of California, WorldNetDaily, Salim Lone, Val Edyvean, Orly Taitz, David Jeffrey Bomford, David Weigel, Barack Obama, PolitiFact (.org ), Joseph Farah, Joshua Simon Oduya, Hillary Clinton

Timeline Tags: Domestic Propaganda

Judge Clay Land.Judge Clay Land. [Source: TruTV (.com)]US District Court Judge Clay Land throws out a complaint questioning President Obama’s birth, and seeking to halt the deployment of Army Captain Connie Rhodes to Iraq on the grounds that Obama is not the legitimate commander in chief. Rhodes is represented by “birther” lawyer Orly Taitz (see November 12, 2008 and After, March 13, 2009, and August 1-4, 2009). In the complaint, Taitz writes on behalf of Rhodes: “This plaintiff cannot in good conscience obey orders originating from a chain of command from this merely de facto president. This plaintiff cannot be lawfully compelled to obey this de facto president’s orders.” Land, clearly angered by the complaint, says Taitz will face sanctions if she ever files a similar “frivolous” complaint or lawsuit in his court again. Rhodes, Land rules, “has presented no credible evidence and has made no reliable factual allegations to support her unsubstantiated, conclusory allegations and conjecture that President Obama is ineligible to serve as president of the United States. Instead, she uses her complaint as a platform for spouting political rhetoric, such as her claims that the president is ‘an illegal usurper, an unlawful pretender, [and] an unqualified imposter.’” The evidence presented by Taitz in the complaint is groundless, Land rules, noting allegations that Obama might have used 149 addresses and 39 Social Security numbers before becoming president and the existence of what Taitz claims is Obama’s Kenyan birth certificate. “Finally, in a remarkable shifting of the traditional legal burden of proof,” he writes, “plaintiff unashamedly alleges that defendant has the burden to prove his ‘natural born’ status. Any middle school civics student would readily recognize the irony of abandoning fundamental principles upon which our country was founded in order to purportedly ‘protect and preserve’ those very principles. Unlike in ‘Alice in Wonderland,’ simply saying something is so does not make it so.” Land orders that Rhodes pay any costs incurred by the defendants, who include President Obama, Defense Secretary Robert Gates, and Colonel Thomas Manning, a garrison commander at Fort Benning, Georgia. Taitz says she believes Land is guilty of treason by dismissing her complaint, saying, “Judge Land is a typical puppet of the regime—just like in the Soviet Union.” She adds that she intends to keep fighting for Rhodes if Rhodes desires her to, telling one reporter, “Listen, Nelson Mandela stayed in prison for years in order to get to the truth and justice.” Three days later, Rhodes renounces Taitz as her lawyer, and informs Land that she did not authorize the emergency request for stay of deployment that Taitz filed on her behalf. “I did not authorize it and do not wish to proceed,” Rhodes writes in a letter to Land. “Ms. Taitz never requested my permission nor did I give it.” She adds: “I do not wish for Ms. Taitz to file any future motions or represent me in any way in this court. It is my plan to file a complaint with the California State Bar due to her reprehensible and unprofessional actions.” Rhodes is deployed days later; an Ohio lawyer files a separate complaint with the California State Bar (see September 17, 2009). [Columbus Ledger-Enquirer, 9/16/2009; Huffington Post, 9/16/2009; TPM Muckraker, 9/16/2009; Washington Independent, 9/19/2009] Taitz responds by telling a reporter she believes Rhodes’s letter is a forgery. “I don’t know if this letter came from her,” Taitz writes in an email, “since she is in Iraq now and the Office Max store from where it came, states that they don’t send faxes for customers. The signature on her notarized letter from Kansas and this letter looks different.” An Office Max clerk confirms that he faxed the letter on behalf of Rhodes, and the letter itself notes that she would fax it to Judge Land. Taitz goes on to claim that she believes Rhodes “was pressured by the military” to renounce her and consider filing a complaint with the California State Bar. “It appear to be a concerted effort to quash all free speech, particularly any legal challenges to Obama’s legitimacy.” [TPM Muckraker, 9/21/2009] In October, Land will sanction Taitz, fining her $20,000 for professional misconduct (see October 13-16, 2009). Land recently dismissed another, similar lawsuit filed by Taitz on behalf of Army Major Stefan Cook (see July 8-16, 2009).

Entity Tags: Robert M. Gates, Clay Land, Orly Taitz, Barack Obama, Thomas Manning, Connie Rhodes

Timeline Tags: US Military, Domestic Propaganda, 2008 Elections

The Middle District Court of Georgia levies a $20,000 fine on “birther” lawyer Orly Taitz. The court accuses Taitz, who has filed a lawsuit alleging that President Obama is not a US citizen and asking the court to bar his deployment of military personnel overseas (see September 16-21, 2009), of wasting the time and resources of the Georgia court system. The judgment, issued by Judge Clay Land, against Taitz calls her “delusional.” The judgment finds: “Counsel Orly Taitz is hereby ordered to pay $20,000.00 to the United States, through the Middle District of Georgia Clerk’s Office, within 30 days of the date of this order as a sanction for her misconduct in violation of Rule 11 of the Federal Rules of Civil Procedure.” Land writes: “The Court finds that counsel’s conduct was willful and not merely negligent. It demonstrates bad faith on her part. As an attorney, she is deemed to have known better. She owed a duty to follow the rules and to respect the Court. Counsel’s pattern of conduct conclusively establishes that she did not mistakenly violate a provision of law. She knowingly violated Rule 11. Her response to the Court’s show cause order is breathtaking in its arrogance and borders on delusional. She expresses no contrition or regret regarding her misconduct. To the contrary, she continues her baseless attacks on the Court.… Counsel’s frivolous and sanctionable conduct wasted the defendants’ time and valuable judicial resources that could have been devoted to legitimate cases pending with the Court. When she filed the Rhodes case, counsel indicated that it was urgent that the matter be heard because her client was facing imminent deployment. The Court rearranged its schedule, took time to read the legal papers, and conducted preliminary research in preparation for the hearing. The Army had to activate its legal team on short notice, sending a major from the Army Litigation Division in Washington, DC, and a captain from the CONUS Replacement Center at Ft. Benning. In addition, the Assistant US Attorney had to accompany them. Like the Court, the government attorneys had to prepare in an expedited manner for the hearing. During the week preceding Captain Rhodes’s deployment, the Court was in the midst of a jury trial. Therefore, the Court had to alter the trial schedule to conduct the hearing during an extended lunch break, thus affecting other counsel and jurors. The Clerk’s Office was burdened by Ms. Taitz’s inability to follow the Court’s rules regarding pro hac vice admission and the Court’s rules for electronic filing. On five separate occasions in a short period, the Clerk’s Office personnel error-noticed counsel for her failure to follow simple rules. At the hearing, counsel failed to make coherent legal arguments but instead wasted the Court’s time with press conference sound bites and speeches.” [Washington Independent, 10/13/2009] Land notes that in one of her filings, Taitz accused him of meeting secretly with Attorney General Eric Holder outside the court. Holder had actually been thousands of miles away that day, giving a speech in Los Angeles. [Washington Examiner, 7/7/2010] Land includes a footnote that says one of Taitz’s supporters had contacted him, challenged him to a “round of fisticuffs on the Courthouse Square,” and asserted that “the president is not human.” Taitz says she will appeal the judgment, and accuses Land of being in the pocket of the “oppressive” Obama administration. “He’s scared to go against the regime,” she says. “He’s trying to intimidate me and other lawyers to stay away from this issue.” [Orange County Register, 10/16/2009] An appeals court will reject Taitz’s appeal and order her to pay the $20,000 (see March 15, 2010). [Columbus Ledger-Enquirer, 3/15/2010]

Entity Tags: Connie Rhodes, Clay Land, Obama administration, Orly Taitz, Eric Holder, Barack Obama, US Department of the Army

Timeline Tags: Domestic Propaganda

Judge David Carter.Judge David Carter. [Source: HubPages (.com)]US District Court Judge David Carter dismisses a lawsuit brought by a group claiming that President Obama was born in Kenya and, therefore, is not qualified to be president (see August 1-4, 2009). Carter lambasts lead lawyer Orly Taitz, ruling that he is “deeply concerned” that Taitz “may have suborned perjury through witnesses she intended to bring before this court.” Carter notes in his ruling that he has received “several sworn affidavits” showing that Taitz “asked potential witnesses” to lie under oath. Additionally, he rules, Taitz engaged in “improper and unethical” conduct by encouraging her supporters to phone and write him in an “attempt to influence this Court’s decision.” Carter rules that Taitz and her co-plaintiffs have not presented any usable evidence to bolster their claim of Obama’s supposed Kenyan citizenship. Instead, Taitz “favored rhetoric seeking to arouse the emotions and prejudices of her followers rather than the language of a lawyer seeking to present arguments through cogent legal reasoning.” Taitz’s inflammatory rhetoric, Carter finds, “often hampered the efforts of her co-counsel, Gary Kreep… to bring serious issues before the Court.” Carter rules that he exhibited “extreme patience” with Taitz and Kreep’s filings, noting that while Taitz and Kreep filed their lawsuit on January 20, 2009, they failed to serve the defendants in the case until August 25, 2009, and only then after repeated court orders to do so. “Taitz also continually refused to comply with court rules and procedures,” he notes, and even tried to get Magistrate Judge Arthur Nakasato removed from the original case because Nakasato required her to follow the court rules. And, he writes, Taitz attempted to dismiss two of her clients from the suit because she did not wish to work with their co-counsel. “Plaintiffs have encouraged the Court to ignore [the] Constitution; to disregard the limits on its power put in place by the Constitution; and to effectively overthrow a sitting president who was popularly elected by ‘We the People’—over sixty-nine million of the people,” Carter writes. “Plaintiffs have attacked the judiciary, including every prior court that has dismissed their claim, as unpatriotic and even treasonous for refusing to grant their requests and for adhering to the terms of the Constitution which set forth its jurisdiction. Respecting the constitutional role and jurisdiction of this Court is not unpatriotic. Quite the contrary, this Court considers commitment to that constitutional role to be the ultimate reflection of patriotism.” [The Smoking Gun, 10/29/2009; United States District Court for the Central District of California, 10/29/2009] Taitz and Kreep have filed a similar lawsuit with failed presidential candidate Alan Keyes, which has also been dismissed (see November 12, 2008 and After and March 13, 2009). Taitz was recently fined $20,000 for judicial misconduct (see October 13-16, 2009).

Entity Tags: Gary Kreep, Alan Keyes, Arthur Nakasato, Orly Taitz, Barack Obama, David O. Carter

Timeline Tags: Domestic Propaganda, 2008 Elections

Lawyer and “birther” activist Orly Taitz (see November 12, 2008 and After, March 13, 2009, July 8-16, 2009, August 1-4, 2009, September 16-21, 2009, October 13-16, 2009, October 29, 2009, April 16, 2010, July 7 - August 16, 2010, April 27, 2011, April 27, 2011, and April 27, 2011) is “disinvited” to an upcoming Tax Day Tea Party rally in Pleasanton, California. Several Republican political candidates, including Senate candidate Carly Fiorina, are scheduled to speak at the rally, but after they complain about Taitz’s inclusion, she is removed from the slate of speakers. Bridget Melson, founder and president of the Pleasanton Tea Party, says the organization had been “getting calls from candidates like crazy.” She explains: “It’s not worth it. She’s too controversial. This is not what the tea party is about at this point.” Taitz herself is running for California secretary of state, a position that would presumably give her the power to block President Obama from being on the ballot in 2012 if she were to win the post. Fiorina, along with a representative of Senate candidate Chuck DeVore, and several congressional and state legislative candidates are scheduled to speak at the Pleasanton rally. Josh Trevino, a DeVore spokesperson, says, “I can say emphatically that the Chuck DeVore campaign and Chuck DeVore himself strongly disapproves of Orly Taitz and the crazy theories she continues to advance.” Fiorina spokeswoman Julie Soderlund says, “President Obama is absolutely eligible for the presidency and is a natural-born United States citizen.” She notes that Fiorina staunchly opposes most of Obama’s policies. At least one scheduled speaker, House candidate John Dennis, told organizers that if Taitz were retained on the slate, he would withdraw entirely. “The presence of a discredited publicity seeker on the same platform with patriotic Americans distorts the focus of our movement, distracts from our common message, and gives ammunition to those who continue to question our legitimacy,” Dennis told organizers. At least one rally attendee, Tom Del Beccaro of the California Republican Party, says Taitz’s questions about Obama’s citizenship may be valid: “I certainly don’t have enough information to decide that (see June 13, 2008). I’ve never seen yay or nay either way, so how could I know?” Taitz has caused controversy in her current race for secretary of state, questioning the legitimacy of her Republican primary opponent, real estate entrepreneur Damon Dunn, and accusing Republicans of supporting Dunn over her solely because he is African-American. [Los Angeles Times, 4/13/2010]

Entity Tags: Josh Trevino, Bridget Melson, Barack Obama, Carly Fiorina, Chuck DeVore, Julie Soderlund, Orly Taitz, John Dennis, Pleasanton Tea Party, Tom Del Beccaro, Damon Dunn

Timeline Tags: Domestic Propaganda

California “birther” lawyer Orly Taitz, mounting a longshot candidacy for California secretary of state, has another lawsuit, Taitz v. Obama, thrown out of court. The lawsuit is another in a series of legal attempts by Taitz to challenge President Obama’s citizenship and have a court remove him from the presidency (see March 13, 2009, August 1-4, 2009, September 16-21, 2009, October 29, 2009, and October 13-16, 2009). Judge Royce C. Lamberth, in his ruling, writes, “The Court is not willing to go tilting at windmills with her.” Lamberth refuses to allow Taitz to refile a lawsuit challenging Obama’s citizenship in a Washington, DC, federal court. Lawyers for Obama had asked that the case be dismissed because, among other things, Taitz does not have standing to bring it because she has not been harmed and the courts have no authority to remove a sitting president. [Orange County Register, 4/16/2010]

Entity Tags: Royce Lamberth, Barack Obama, Orly Taitz

Timeline Tags: Domestic Propaganda, 2008 Elections

A Louisiana State Representative proposes a bill, House Bill 561, that would require future presidential candidates to prove their US citizenship by providing “an original or certified copy” of their birth certificate in order to qualify for the Louisiana ballot. The bill is quickly labeled a “birther bill” because of its apparent ties to the popular theory that President Obama is not a US citizen. The bill is introduced by Alan Seabaugh (R-Shreveport) and co-sponsored by Senator A. G. Crowe (R-Slidell). The bill would require candidates who want to appear on presidential primary or general election ballots to include an affidavit attesting to their citizenship that would be accompanied by a birth certificate “that includes the date and place of birth, the names of the hospital and the attending physician, and signatures of the witnesses in attendance.” The requirement also would apply to candidates for US Senate or the House of Representatives. Governor Bobby Jindal (R-LA) says if the bill reaches his desk, he will sign it into law. Press secretary Kyle Plotkin says, “It’s not part of our package, but if the Legislature passes it we’ll sign it.” Seabaugh confirms that his bill is motivated by the numerous lawsuits that have been filed over Obama’s citizenship (see March 14 - July 24, 2008, August 21-24, 2008, October 9-28, 2008, October 17-22, 2008, October 21, 2008, October 31 - November 3, 2008, October 24, 2008, October 31, 2008 and After, November 12, 2008 and After, November 13, 2008, Around November 26, 2008, March 5, 2009, March 13, 2009, August 1-4, 2009, September 16-21, 2009, October 29, 2009, October 13-16, 2009, April 16, 2010, and June 28, 2010). “Not one of them has ever been decided on the merits,” Seabaugh says. “As an attorney, that’s offensive to me.” Seabaugh says he is not a “birther,” and says he does not doubt Obama’s citizenship. “This is from the standpoint of cleaning up an area of the law where there appears to be a gap,” he says. Plotkin says that Jindal, too, believes Obama is a legitimate US citizen. Jindal himself says: “I absolutely believe he’s a citizen. Let’s be clear, my disagreements with this president are not about his citizenship or where he was born.” [New Orleans Times-Picayune, 4/11/2011; New Orleans Times-Picayune, 4/15/2011; The State Column, 4/20/2011] The bill will later be withdrawn by its sponsors for lack of support. [New Orleans Times-Picayune, 6/14/2011]

Entity Tags: Kyle Plotkin, A. G. Crowe, Alan Seabaugh, Barack Obama, Bobby Jindal

Timeline Tags: Domestic Propaganda

California lawyer Orly Taitz, who has long questioned President Obama’s citizenship (see November 12, 2008 and After, March 13, 2009, August 1-4, 2009, September 16-21, 2009, September 17, 2009, October 29, 2009, March 15, 2010, April 16, 2010, July 7 - August 16, 2010, August 9, 2010 - January 11, 2011, and April 27, 2011) to the point where a Georgia judge has called her “delusional” (see October 13-16, 2009), says that she has doubts about the authenticity of Obama’s long-form birth certificate. Specifically, she says that a real birth certificate from 1961 would have listed Obama’s race as “Negro” and not “African.” She says: “Look, I applaud this release. I think it’s a step in the right direction. I credit Donald Trump in pushing this issue.” However, she adds: “In those years… when they wrote race, they were writing ‘Negro’ not ‘African.’ In those days nobody wrote African as a race, it just wasn’t one of the options. It sounds like it would be written today, in the age of political correctness, and not in 1961 when they wrote white or Asian or ‘Negro.‘… It looks like terminology that would be used today, not 1961.” She continues to insist that because Obama’s father is Kenyan, Obama is ineligible for the presidency because he is not a “natural born citizen,” in spite of being contradicted by the Fourteenth Amendment. [TPM Muckraker, 4/27/2011; Wall Street Journal, 4/27/2011] She also wants to know why the certificate lists the address of Obama’s grandparents, 6085 Kalanianaole Highway in Honolulu, and not his parents’ address. Still, she says the birth certificate is an improvement over the previous “short form” certificate released by Obama in 2008 (see June 13, 2008). “I have to say that this is a step in the right direction,” she says, “just as the release of the Watergate tapes was a step in right direction [sic] by Richard Nixon (see July 13-16, 1973). And like Richard Nixon, there’s a good chance this will cost him his presidency (see August 8, 1974). It is a much better document than we had before.” [Wall Street Journal, 4/27/2011]

Entity Tags: Orly Taitz, Donald Trump, Barack Obama

Timeline Tags: Domestic Propaganda

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