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Profile: Clay Land
Clay Land was a participant or observer in the following events:
Lawyer Orly Taitz (left) and Army Reserve Major Stefan Cook, during an interview for a television news crew. [Source: Anna Raccoon (.com)]US Army Reserve Major Stefan Frederick Cook says he should not be deployed to Afghanistan because President Obama is not a US citizen and therefore lacks the constitutional authority to order troops to do anything. Cook’s counsel, “birther” lawyer Orly Taitz (see November 12, 2008 and After and March 13, 2009), files a request in the US District Court for the Middle District of Georgia asking that the court bar Cook from deploying, and seeking conscientious objector status for her client. Taitz says in the filing that Cook believes Obama is not a natural-born citizen of the United States (see June 13, 2008, August 21, 2008, October 30, 2008, and July 28, 2009) and therefore has no obligation to obey orders from his superior officers that generate from Obama. Moreover, the filing says, Cook “would be acting in violation of international law by engaging in military actions outside the United States under this president’s command.… simultaneously subjecting himself to possible prosecution as a war criminal by the faithful execution of these duties.” Cook is ordered to mobilize for active duty tomorrow. He is to report to MacDill Air Force Base in Tampa, Florida, and then report to Fort Benning, Georgia, for overseas deployment. A week later, the Army revokes Cook’s deployment orders, instead ordering Cook to await an upcoming hearing on his court filing. Army Public Affairs Officer Lieutenant Colonel Maria Quan says that reservists such as Cook have the right to ask for revocation of their orders up to the day they are scheduled to report for active duty, but adds that Cook has not asked for such revocation. The Army has learned that Cook volunteered for deployment in May 2009, while simultaneously conferring with Taitz to file the complaint. [Columbus Ledger-Enquirer, 7/14/2009; Columbus Ledger-Enquirer, 7/14/2009] Cook has posted on the Free Republic, a far-right Web site and forum, for six years under the moniker “roaddog727.” As early as March 2010, Cook had exchanged emails with Taitz, suggested that he was one of a number of plaintiffs in a class-action lawsuit challenging Obama’s citizenship, and had posted a long discourse on Obama’s lack of citizenship on the Free Republic. Taitz has repeatedly solicited soldiers to take part in her anti-Obama lawsuits. [Washington Independent, 7/14/2009; Mudville Gazette, 7/15/2009] On July 16, the day of the hearing, Cook is joined in the complaint by retired Army Major General Carol Dean Childers and active reserve Air Force Lieutenant Colonel David Earl Graeff. The government says that because Cook’s orders have been revoked, the complaint filed by Taitz is “moot”: “The commanding general of SOCCENT (US Special Operations Central Command) has determined that he does not want the services of Major Cook, and has revoked his deployment orders.” Taitz revises the complaint to add Childers and Graeff to the suit, “because it is a matter of unparalleled public interest and importance and because it is clearly a matter arising from issues of a recurring nature that will escape review unless the Court exercises its discretionary jurisdiction.” The lawsuit now says the injunction is necessary to encompass the possibility of Cook receiving future orders for deployment as well as to address and prevent “negative collateral consequences such as retaliation against” Cook. The filing notes that Cook lost his job at defense contractor corporation Simtech because of the lawsuit, and complains that Cook is the target of “gossip” from people who believe he was “manipulating his deployment orders to create a platform for political purposes.” [Columbus Ledger-Enquirer, 7/16/2009] Federal judge Clay Land dismisses the suit, siding with the defense which calls the lawsuit “moot.” Land rules: “Federal court only has authority of actual cases and controversies. The entire action is dismissed for lack of subject matter jurisdiction.” Cook says after the ruling: “I love the Army and I want to continue to serve in the Army. If we can establish that [Obama] is in fact president of the United States legally, I’m on the airplane the next day over to Afghanistan… if they cut my deployment orders, so I can do the job that I want to do.… If one cannot establish the validity and legality of the order… we would be following illegal orders and subject to prosecution. I could be prosecuted by the Uniform Code of Military Justice and if captured I would not be privy to protections under the Geneva Convention.” [Columbus Ledger-Enquirer, 7/16/2009] Taitz claims victory. The military has shown its cards “and they have nothing to play with,” she says. “By revoking the orders, it’s clear to anybody. Think reasonably: Why would the military undermine itself by revoking its orders?” She says the Army revoked Cook’s orders because the government could not prove in court that Obama was born in the United States and is therefore the legitimate commander in chief. CENTCOM spokesman Lieutenant Commander Bill Speaks calls Taitz’s claim “ridiculous” and Cook’s position “a bizarre conspiracy theory. Suffice to say [that revoking the orders] is certainly not an acknowledgement or validation in any way of his claims.” [Stars and Stripes, 7/30/2009]
Entity Tags: Orly Taitz, Maria Quan, Clay Land, Carol Dean Childers, Free Republic, Bill Speaks, US Department of the Army, Stefan Frederick Cook, David Earl Graeff, Barack Obama
Timeline Tags: US Military, Domestic Propaganda
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).
Ohio lawyer Subodh Chandra, an inactive member of the California State Bar, files a formal complaint against California lawyer Orly Taitz for calling Georgia judge Clay Land “corrupt” and suggesting he is guilty of treason (see September 16-21, 2009). Chandra writes: “I respectfully request that you investigate Ms. Taitz’s conduct and impose an appropriate sanction. She is an embarrassment to the profession.” Chandra, who ran for attorney general of Ohio in 2006, writes that Taitz’s comments about Land violate section 6068(b) of the California Business & Professions Code. That section of the law requires attorneys to “maintain the respect due to the courts of justice and judicial officers.” Chandra’s complaint also alleges that Taitz is filing frivolous lawsuits and pursuing actions based on “corrupt motive of passion of interest, namely, discriminatory and political motives.” If a violation is assessed against Taitz, she could face actions ranging from private reproval to disbarment. [TPM Muckraker, 9/17/2009]
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]
The 11th Circuit Court of Appeals dismisses an appeal from ‘birther’ lawyer Orly Taitz of a $20,000 judgment levied against her by a Georgia judge (see October 13-16, 2009). The court finds that Taitz’s arguments are “unpersuasive and therefore affirm[s] the district court’s sanctions judgment.” Taitz says she has no intention of paying the fine and will appeal it to the US Supreme Court (see July 7 - August 16, 2010). [Columbus Ledger-Enquirer, 3/15/2010] Taitz’s appeal contains the following: “[A]llowing sanctions by judge [sic] Land to stand, will signify beginning of tyranny in the United States of America and end to the Constitutional Republic which is the foundation of this nation. The question is as follows: ‘If the judiciary can sanction an attorney for bringing an action to uphold a Constitutional right, what is next? Will FEMA camps be turned intothe next GULAG? Will we see a wave of political assassinations of dissidents, as were seen in numerous totalitarian regimes around the World, such as regime of Saddam Hussein in Iraq or regime of Mahmud Ahmadinejad in Iran?’ This is the most dangerous road a judiciary can take. When judiciary is pandering to an illegitimate dictator, who sits in the White House, using a Social Security number of another individual and not having a valid long form birth certificate, the country descends into tyranny.” [Washington Examiner, 7/7/2010]
The federal government imposes a lien on the property of “birther” attorney Orly Taitz, in an attempt to collect the $20,000 she owes in fines imposed by District Court Judge Clay Land (see October 13-16, 2009). Taitz has appealed the fine to the Supreme Court and been denied (see July 7 - August 16, 2010). Columbus, Ohio, lawyer Frank Martin says: “This is a notice that the federal government has put a $20,000 lien plus interest on Orly Taitz. This lien trumps the Internal Revenue Code. This lien has priority over everything else.” If Taitz does not pay the fine, the government can seize her property, Martin says, though Taitz can oppose the collection in court. Taitz says she will pay the fine to avoid “giving the government the satisfaction” of seizing her property and/or her law license, though she intends to file appeals with the Supreme Court to avoid paying. “I will pay the money and I will continue fighting,” she says, and adds that her followers and supporters are donating money to pay the fine. “I’m confident that I will get $20,000 from the public, because people are angry and livid,” she says. “I don’t think anyone has ever seen anything like this in the world. I think the government should start worrying who’s in the White House. We have problems that are much bigger than $20,000 in sanctions.” [Columbus Ledger-Enquirer, 8/9/2010; Columbus Ledger-Enquirer, 8/10/2010] The Supreme Court rejects her appeal; Taitz says she intends to present her complaint to Congress, and even to international courts. Between August 9, 2010 and January 10, 2011, she has collected some $13,000 in donations, she says. [Columbus Ledger-Enquirer, 1/10/2011]
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