In our previous episode, Crazy Birther Lady Orly Taitz had been chastised by Judge Clay Land for filing a "frivolous" Motion for Reconsideration after her case was dismissed in Georgia Federal Court. The suit had sought to prevent Plaintiff Captain Connie Rhodes' deployment to Iraq on the grounds that President Obama - well I can't even finish this sentence, what the grounds were is a mystery except that they were somehow related to that darn birth certificate.
Judge Land threatened Orly with a $10,000 fine unless she could she could make a compelling argument that it was undeserved. Meanwhile, Capt. Rhodes apparently faxed the Judge to say that she had not authorized Orly's latest motion, would like it withdrawn, wanted Orly removed from her case, and also announced that she was shipping off to Iraq, as ordered.
TPM: Now, in a new motion filed Saturday in U.S. district court in Georgia, Taitz "respectfully" requests that she be allowed to withdraw as Rhodes' counsel. (Rhodes, who has deployed to Iraq, already requested that Taitz no longer represent her.)
And Judge Land has replied, below the fold.
Orly:
http://www.scribd.com/...
MOTION TO WITHDRAW AS COUNSEL
The undersigned attorney comes before this Court to respectully ask for leave to withdraw as counsel for the Plaintiff Captain Connie Rhodes. The immediate need for this withdrawal is the filing of two documents of September 18, 2009, one by the Court, Document 17, and one apparently by Plaintiff Connie Rhodes, which together have the effect of creating a serious conflict of interest between Plaintiff and her counsel. In order to defend herself, the undersigned counsel will have to contest and potentially appeal any sanctiions order in her own name alone, separately from Plainitff, by offering and divulging what would normally constitute inadmissible and privileged attorney-client communications, and take a position contrary to her client's ability to object to this motion, despite her previously stated disaffection for the attorney-client relationship existing between them.
This Motion to Withdraw as Counsel will in no way delay the proceedings, in that the Plaintiff has separately indicated that she no longer wishes to continue to contest any issue in this case. In essence, this case is now a quasi-criminal prosecution of the undersigned attorney, for the purpose of punishment, and the Court should recognize and acknowledge the essential ethical importance of releasing this counsel from her obligations of confidentiality and loyalty under these extraordinary circumstances.
September 26, 2009
Respectfully submitted,
By: (does not appear to be signed)
By: Dr. Orly Taitz, Esq.
Judge Land replies:
http://www.scribd.com/...
ORDER
Plaintiff's counsel filed a motion to withdraw as counsel for Plaintiff (Doc. 20). Plaintiff apparently does not object to such withdrawal. (See Doc. 18) Accordingly, counsel's motion to withdraw is granted with the following conditions. Counsel remains subject to the jurisdictino of this Court for purposes of the Court's show cause sanctions order and related proceedings, and Plainitff remains subject to the jurisdiction of this Court for purposes of the Court's previous order casting the court costs upon the Plaintiff.
The Court further notes that this order shall not be construed to authorize Plaintiff's counsel to breach any attorney-client privilege that may exist due to Counsel's representation of Plaintiff. Moreover, the Court notifies counsel that in issuing its show cause sanctions order, the Court did not rely upon the letter sent by Plaintiff purporting to discharge counsel (Doc. 18), nor does the Court intend to rely upon that document in future proceedings regarding sanctions against Plaintiff's counsel. Whether Plaintiff expressly authorized counsel to file the motiion for reconsideration is irrelevant to the Court's determination of whether the filing was legally frivolous.
IT IS SO ORDERED, this 28th day of September, 2009.
CLAY D. LAND
UNITED STATES DISTRICT JUDGE
Previous filings are here. Earlier diary on this case here.
Pass the popcorn! What was Orly thinking?
UPDATE: Orly's having a Very Good Day!
A VERY GOOD DAY TODAY
Posted on | September 28, 2009 | No Comments
I think all those prayers help. Today I had two of my motions granted.
1 . Judge Carter had granted my motion for surreply. I can provide 10 more pages of argument and all the necessary attachments by October 1st.
==snip==
2. Judge Land in GA granted my motion to withdraw as counsel. the reason, i had to do it, since Cpt Connie Rhodes was under tremendous pressure, intimidation by the military and department of defense and she stated that she didn’t want to proceed under this pressure. Now I don’t have my hands tied behind my back, I can provide more info, now I can do more on my own behalf.
3 . I am submitting today a notice of appeal in FL on behalf of Major Cook . While his orders to deploy were revoked by the military, he was a victim of retaliation and the military pressured his employer to fire him. We are seeking damages. Notice of appeal in GA was already filed.
4 . as you know, I came from South Dakota yesterday, where I had a very productive meeting with the community leaders. State House of Representatives Majority Whip has shown interest in working on this matter. I have forwarded documents to him. He will be holding meetings with other legislators this coming weekend
I appreciate all the donations. Those help pay for $450 each appeal form, $400 or so each transcript, $500-600 each airplane ticket and so on.
Special thanks to Donna and Garland Petersen, their twins and grandma Betty (name sake of my grandma) for their great hospitality in South Dakota. I will post the pictures and video, when I get them.
Um, did she just disclose confidential client/atty information on her website?