I finally got my act together and wrote up my notes from the Orly show in Santa Ana on July 13th. It it more or less as I wrote it at the time, and is rough and incoherent in places. It can be hard to get everything down when the fur is flying! But here it is, warts and all.
Santa Ana District Court. July 13th, 2009
7:50 Am – I enter the courthouse and make my way to courtroom 9D. There are a dozen or so people waiting outside the courtroom. Most are elderly or middle aged and dressed casually. This is excepting a couple who appear to be lawyers, all in dark suits. No sign of Orly. There is no way to determine if any other Obots are present, but I am guessing the non-lawyers are Orlybots. Wait – there’s an Orlybot proselytizing and brow beating some poor lawyer who listens politely. It is the usual set of lies we’ve heard so many times.
8:10 – The courtroom doors are opened and people begin to enter. I get a good seat in the second row on the left side of the gallery – should be a good view of Orly. The various lawyers dribble in. They announce their presence to a clerk seated in front of the judges bench.
8:20 – A group of 6 young people, professionally dressed, enter the courtroom. They do not appear to be lawyers or Orlybots. They are in the 20-something age range, 3 men and 3 women. They are smiling and enjoying themselves – I wonder who they are?
8:25 – Orly enters the courtroom. She is carrying a large purse and a huge black bag that is stuffed full. She smiles and waves to some Orlybots. She then goes through the gate and sits down at the plaintiffs table (desk? What is the proper term?). The clerk notices her and asks who she is. (Orly, unlike ALL the other lawyers did not approach the clerk to sign in). The clerk tells Orly that she is not first; she is to go sit down and she will be called. Orly has been in the courtroom less than a minute and has already committed a faux pas – the first of the day!
Nearly all of the spectators can now be identified as Orlybots. She seems to know them. She beams brightly, talking with her supporters. (Does she need to touch up her peroxide pouf? It looks a bit grey.) She scans around the gallery to see who is there. She glances at me but I don’t react – I should have smiled warmly to her (hah). She does have an engaging and confident smile. Maybe she thinks that this is her day?
8:30 – Orly waits quietly, reviewing some documents, as are the other lawyers. I now see that the huge black bag contains 2 large overflowing notebooks.
8:40 – Judge Carter enters and calls the first case, which is dispensed with in about 3 minutes. The second case takes around 6 minutes, and the third takes about 10. The fourth case takes longer, and there is a brief pause while the Judge left the courtroom to check on something. While he was out, some late arriving Orlybots take the opportunity to greet her. Am I the only Obot? 9:35 – The Judge reenters the courtroom and continues the fourth case. Right behind me, one of the Orlybots has a cell phone that is quietly but incessantly ringing. Are cell phones allowed? Why doesn’t she turn the dang thing off? Then, the Orlybot next to her has her phone go off as well, but much louder. They are both admonished by the bailiff. 9:50 – Orly’s case is called. The judges asks Orly and her companion who they are. Her companion identifies himself as “Law Clerk Charles (?)”. (The last name was unintelligible but we now know he is Charles Lincoln.) He is very overweight, early middle aged and balding.
On the other side is David DeJute, representing the U.S.
Orly begins to speak. She looks and sounds very nervous. She speaks rather quietly with a kind of emotional tremor in her voice. She has to be told how to use the microphone correctly,
Orly objects to the representation of Obama by DeJute. She then launches into her usual litany.
10:00 – Judge Carter interrupts Orly’s recitation of the Birther Catechism. (Finally!)
He tells her we are not on the merits of the case yet – we’re on the procedural part of the process. He asks her about the controversy regarding McCain’s birth, the suggestion that Obama was born in Kenya, and is it not the case that Obama’s mother was American.
Orly refers to the McCain resolution, and goes on to the topic of a natural born citizen. She admits that it is not defined (!), but goes next to Vattel and the claim that both parents must be citizens. 10:05 – David DeJute speaks. He says “there is no factual validity” to any of Orly’s claims, but that we’re not here to discuss the facts of the case, but was Obama properly served. He was not served on inauguration day, but rather Feb 10th.
Judge (to Orly): Why was he not served before the inauguration? Orly: I filed numerous cases before then. Judge: Why didn’t you go to D.C.? Orly: (claims the Supreme Court agreed to hear her case, but then there was the docket erasure problem) DeJute: We could talk all day about the facts, but no proper service has been made. We are permitted to be properly served under Rule 4i. In his official capacity, service has never been made. (While council is speaking, Orly, seated just 3 feet away, turns and gazes at him in rapt attention. She is channeling all of her energy through her mascara and garish fake eye lashes. It looks pretty creepy to me, but I have no way of knowing whether DeJute found it un-nerving or not.) Judge: Service could be made here. There has been no forum for this discussion. (Orly attempts to interject, and the Judge firmly cuts her off) Judge (to Orly): Believe it or not, I was not speaking to you. I’ll smile at you when I want to speak to you and you will notice that I am not smiling right now. Judge (to DeJute): Why can’t you accept service? DeJute: I am not authorized. Judge: Well who is authorized? Find someone. Service can be downstairs and then move on to the merits. (Refers to problems of procedural runaround and wanting to get to discussion of the merits.) Judge (trying to explain things to Orly in order to help her serve, but she is sparring with him, finally he cuts her off with the following): You are so used to battle you are trying to battle me. I am going to call a recess and you are going to go outside to calm down.
10:15 – Judge Carter calls a recess.
During the recess, the Orlybots are discussing things amongst themselves, repeating all the lies about Obama (the millions of dollars spent hiding all his records, he’s a dual citizen, therefore can’t be president, the Obama/Biden meeting with SCOTUS – can’t do this, biggest crime in 230 years, yada yada yada, blah blah blah).
Orly returns to the courtroom and confers with Charles Lincoln. She looks VERY agitated and dejected. She is propping her head with her left hand, shaking her head and muttering to herself.
10:25 – Judge Carter re-enters the court room.
Judge: He suggests a process to get to the merits. He restates the suit claims and says “But we’ll never get there – it will take years.” Judge: I am showing you a kindness. Orly(interrupting): May I respond? Judge: Not yet.
The judge refers to the order to show cause, the proof of service. Speaks of Orly’s hapless process server. “This gets even more bizarre!” Mentions the notification of insufficient service and quotes the rules for service. “You are mired in procedures which could take forever. You are not doing too well. Interlocutory appeal is very time consuming”.
Orly (starting to get really worked up): “You must strike the appearance of the US attorney from the record. Obama clearly was served, but has not showed up. He disrespects this court. The US attorney can’t represent him, therefore I get default”. (Voice rising and getting more emotional) “Obama simply ignores service. He has a pattern of stonewalling. He should not use the US attorneys as this is an unfair cost to the taxpayers. How could you not give me default? You MUST give it to me. There is no reason not to. Judge: This court moves very quickly. We can move quickly to the merits. I don’t know if you are correct. I am giving you a gift, but you are not hearing this. I already ruled against you and I’ll do it again.”
Orly: (Doesn’t’ want the the US attorney to accept service. She wants discovery. She wants specific documents. She wants default.). “Service will take at least 60 days, but God only knows how much damage Obama will cause during that time”. (She refers to some other default in Arizona, and then complains about a waste of tax payers money).
Orly: Can you order mediation?
Judge: What’s to mediate? Either he is president or he’s not. Orly: (Asks again for default, and 60 day discovery and release of Obama’s documents.) “I have 170 military plaintiffs” “What is the fastest way to get the documents? The image of the COLB is not sufficient. I want to see the original documents. The US attorney is not representing, therefore can’t object.”
Orly refers to a motion filed today and begins to read it. Judge Carter says “It is not relevant until I have seen it, so you are wasting your time reading it into the record, but go ahead”. Orly continues, refers to FOIA requests, something about Wiley Drake, and objects to the US Attorney’s statement of interest.
Judge (cutting her off) “This was filed today – the clerk just handed it to me. Your reading of it is of no consequence. Therefore, I am going to order both of you back next Monday”.
DeJute: I would remind that service was not proper, therefore can’t rule on default. Judge: Agreed.
DeJute: We’re appearing on behalf of the U.S. Judge: Agreed. Judge: I am going to decide on the reconsideration. The motion coming this morning is not appropriate. The reading of the motion will stop. It should have been provided earlier. (He orders the counsels to confer). “What gets this case into court as quickly as possible on the merits?”
Orly and DeJute exit the courtroom and return shortly. They announce that there will be a proper 60 day service, and that the U.S. won’t ask for any extensions.
Judge (Wants to resolve on merits as quickly as possible. Meanwhile, behind me, the 2 cell phone ladies have been chattering away in a noticeably loud whisper. The judge asks them “Are you helping me today?” “If not, the STFU” (actually, he didn’t say that last part, but I wish he did!)
Judge (to Orly): “If you want this expedited, I’ll do it and resolve it one way or another”. Stresses the importance of avoiding the 9th circuit court, etc., which is not fair to the public.” (He orders service. Orly and DeJute are to go to the US Attorneys office NOW).
DeJute makes request to dismiss counts 2 and 3 as well as the other defendants. Orly agrees.
Judge (to Orly): I don’t know why you have FOIA requests. It is a waste of time. If necessary, I am going to issue orders.
11:15 Court is adjorned. Orly loads up her bags. The Orlybots look happy. They greet and congratulate her. One of the unidentified young professional women speaks separately with DeJute and Orly, getting their names and so on. I am guessing she is a reporter.
My last impression of Orly as she turns and walks down the hall toward the US Attorneys office: Orly is knock-kneed.
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