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PostPosted: Tue Apr 24, 2012 8:08 pm 
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CatMe wrote:
So much for Tepper getting to keep his contact info private. It is on the removal notice, which was served on Orly. :(

From one of realist's posts upthread:
Quote:
My recollection was that the original request concerned the absence of Tepper's home address from the application, offering for it to be divulged privately in chambers.

The removal notice has his office contact information.

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PostPosted: Tue Apr 24, 2012 8:14 pm 
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Whatever4 wrote:
Lordy, Lordy. It's gonna be Jackson Mississippi in August.



Category 5 Hurricane Orly? :o

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PostPosted: Tue Apr 24, 2012 8:18 pm 
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June bug wrote:
CatMe wrote:
So much for Tepper getting to keep his contact info private. It is on the removal notice, which was served on Orly. :(

From one of realist's posts upthread:
Quote:
My recollection was that the original request concerned the absence of Tepper's home address from the application, offering for it to be divulged privately in chambers.



The removal notice has his office contact information.


I would say that is good, but Orly has no compunction about encouraging her FM's to harass any person or business. That being said, I think she may have far fewer FM's than she used to, which is why she is posting more critical email and venturing onto non-supportive sites. She finds negative attention better than no attention. If she were getting lots of fawning mail from fans, I just don't think she would bother posting the critical ones. She never used to.

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PostPosted: Tue Apr 24, 2012 8:19 pm 
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June bug wrote:
CatMe wrote:
So much for Tepper getting to keep his contact info private. It is on the removal notice, which was served on Orly. :(

From one of realist's posts upthread:
Quote:
My recollection was that the original request concerned the absence of Tepper's home address from the application, offering for it to be divulged privately in chambers.

The removal notice has his office contact information.

Yes. Tepper's office information is already all over the Internet. (He partially owning a law firm and all.)

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PostPosted: Tue Apr 24, 2012 8:44 pm 
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kreisman wrote:
As they say in technical terms in the courts were I practice, "That dog don't hunt." I'm not particularly happy (based on legal principles) with the decision to remove the case and I predict a speedy remand (speedy could take several months). The amended complaint, while filed with the state court, did not act as an amended complaint as Orly did not have leave to file it. It was a collection of pieces of paper. Unless the MS AG has case law saying that an invalid amended complaint may be the basis for removal, then this is bogus. I have decided not to research this issue, but we will eventually found out.

That is all.


The burden of persuasion for meeting federal question jurisdictional standards is extremely low. Much lower than the requirements and burden of persuasion that apply to diversity jurisdiction. Any question that implicates a presidential election, which is governed by the federal Constitution, is inherently a federal question. The American people also have a recognized federal constitutional right of fairness in how elections are decided, adding to the reasons why virtually all birther lawsuits are in fact properly in federal court.

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PostPosted: Tue Apr 24, 2012 8:50 pm 
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Yup, these idiot suits should be removed every time. Presidential eligibility is a federal question. Up to now, the birfers have been dealing with state agencies who are more comfortable in state courts. But now that they have engaged the party machine, the gloves are off.

Too bad that none of the birfer legal minds can formulate a proper petition/complaint. I'd much rather see a Federal court denounce the two-citizen-parent thing than a string of dismissals.

But hey, you can't make a pig's ear into a silk purse.

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PostPosted: Tue Apr 24, 2012 9:03 pm 
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ZekeB wrote:
Personally, I'd like to see Judge Sul Ozerden get the case. You know, the name and all.


Me, too. Gulfport is a lovely location to hold hearings.

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PostPosted: Tue Apr 24, 2012 9:04 pm 
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AnitaMaria wrote:
This was done by the MS SoS, not the MS Democratic Party. I love that the government defendants are finally starting to exert some pressure on her.

Yes, it is good to see the govies switching from softball to hardball.

BTW, it would appear removal is being requested by both the MS SoS and the MS Democratic Party. Although counsel for the Democratic Party did not explicitly sign the notice, counsel for the MS SoS represented that the Party is on-board and can be expected to file for joinder soon.

nbc wrote:
tjh wrote:
realist wrote:
The case has been removed to federal court. \:D/


Is that a request or an order?


Request

While it isn't an order, I wouldn't characterize it as simply a request either. A properly filed Notice of Removal has the immediate effect of suspending further state court proceedings and shifts jurisdiction to the Federal District Court until and unless the federal court remands it back to the state court. In the meantime, no court order is required to approve or authorize removal.

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PostPosted: Tue Apr 24, 2012 9:39 pm 
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Good point, yes, the proceedings in State Court are definitely on hold now. But with Orly's filing skills, she had already managed to do much of the same all by herself...

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PostPosted: Tue Apr 24, 2012 10:36 pm 
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CatMe wrote:
June bug wrote:
CatMe wrote:
So much for Tepper getting to keep his contact info private. It is on the removal notice, which was served on Orly. :(

From one of realist's posts upthread:
Quote:
My recollection was that the original request concerned the absence of Tepper's home address from the application, offering for it to be divulged privately in chambers.



The removal notice has his office contact information.


If they want to bother him at the office, let them know to bring LOTS of money to park there. Century City is not cheap and I don't think he is going to offer to validate for them.


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PostPosted: Tue Apr 24, 2012 10:47 pm 
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Validation is always a problem for birfers.

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PostPosted: Tue Apr 24, 2012 11:38 pm 
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MS - SDMS - 2012-04-24 - TAITZ - Motion to intervene jus tertii, for the United States and all our honorable law-abiding Armed Service members - (RISENHOOVER)

:D

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PostPosted: Tue Apr 24, 2012 11:42 pm 
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Quote:
Risenhoover

BINGO!

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PostPosted: Tue Apr 24, 2012 11:46 pm 
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Crazy or not, he nails this part...

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Moreover, during wartime, the Courts are not open to enemy aliens, nor to traitors, and those who invent hypertechnical legalistic argumentation and sophistry designed to defame the Commander in Chief during war, can hardly be deemed other than among the truest enemies to our Constitution and this society.


Quote:
Dr. Paul Maas Risenhoover
Robin Hood International Human Rights Legal Defense Fund
Tainan, allied American Formosa trust territory island of Taiwan, West Pacific, USA


I'd forgotten all about Paul. :lol:

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PostPosted: Tue Apr 24, 2012 11:50 pm 
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:lol: =)) =D>
raicha wrote:
Validation is always a problem for birfers.

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PostPosted: Tue Apr 24, 2012 11:56 pm 
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Why does this Risenhoover nut keep filing crap in Orly's lawsuits? It seems especially strange because Orly does not bitch about him on her blog. What is his relationship with Orly?


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PostPosted: Wed Apr 25, 2012 12:47 am 
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AnitaMaria wrote:
What is his relationship with Orly?

Like any good nut, he has a radar for these things.

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PostPosted: Wed Apr 25, 2012 1:25 am 
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A question for the lawyers: Does moving this to federal court make O'rly elegible to appear as an attorney, rather than pro se?

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PostPosted: Wed Apr 25, 2012 1:33 am 
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Somerset wrote:
A question for the lawyers: Does moving this to federal court make O'rly elegible to appear as an attorney, rather than pro se?


She's not admitted to practice in the SDMS, just as she's not admitted to practice in the Circuit Court of Hinds County, MS. She would have to apply for phv to appear as an attorney in either case.

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PostPosted: Wed Apr 25, 2012 1:39 am 
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realist wrote:
Somerset wrote:
A question for the lawyers: Does moving this to federal court make O'rly elegible to appear as an attorney, rather than pro se?


She's not admitted to practice in the SDMS, just as she's not admitted to practice in the Circuit Court of Hinds County, MS. She would have to apply for phv to appear as an attorney in either case.



Thanks Realist. I wasn't sure if the federal court system was one unified block or not. Good to know it's not :lol:

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PostPosted: Wed Apr 25, 2012 2:27 am 
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Somerset wrote:
Thanks Realist. I wasn't sure if the federal court system was one unified block or not. Good to know it's not :lol:

If you're interested in delving into the peculiarities and oddities of the U.S. court system, you've posed an interesting question.

It isn't in the least a "unified block" although, IMO, it probably should be more unified -- or at least more consistent. For the purposes of admitting attorneys to their respective bars, federal courts in some jurisdictions extend reciprocity to other jurisdictions (as long as the other jurisdictions also play the same game) whereas federal courts in other states adhere to "union rules" (i.e., if you ain't from this state, go back to square #1 and get yourself qualified from scratch).

Frankly, it's a mish-mash. On one hand, why should it matter what state an attorney is from if s/he's litigating an issue of purely federal stautory law? OTOH, when federal courts are called upon to interpret substantive state law (a situation that can occur under a number of circumstances), it's arguably better to give preference to lawyers from the particular state.

But the short answer, as Realist suggests, is that Orly gets no out-of-state free pass to stroll into Mississippi, whether it's a federal or state court she's abusing at the moment.

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PostPosted: Wed Apr 25, 2012 5:29 am 
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realist wrote:

Risenhoover wrote:
Motion to intervene jus tertii, for the United States and all our honorable law-abiding Armed Service members (Chief Judge Lamberth, USDC-DCC permitted similar docketing)

Orly will surely be delighted to see Lamberth's name mentioned. May this trigger the search instincts of some court clerk and get some sua sponte reactions into the proceedings :mrgreen:


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PostPosted: Wed Apr 25, 2012 10:19 am 
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borealis wrote:
Category 5 Hurricane Orly? :o

I lived through Camille in '69. Mass bedlam and destruction. O'rly is more bedlam and less destruction.

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PostPosted: Wed Apr 25, 2012 11:09 am 
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realist wrote:
She would have to apply for phv to appear as an attorney in either case.

The local rules for S.D. Miss. require a sponsoring attorney for PHV applications.

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PostPosted: Wed Apr 25, 2012 11:20 am 
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AnitaMaria wrote:
Why does this Risenhoover nut keep filing crap in Orly's lawsuits? It seems especially strange because Orly does not bitch about him on her blog. What is his relationship with Orly?



here's his twitter account.

http://www.scribd.com/ilovelibby

he just writes stuff. and he files stuff. all the time.

it's not all about birfers.

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