BREAKING – Did Orly Taitz Commit Perjury in a Hawaiian Court Filing or Is She Just That Incompetent?

Did Orly Taitz commit perjury?

Thanks to Hawaii resident Mike Dunford, a recent Reality Check Radio guest, we have learned that Orly Taitz may have perjured herself in a recent filing submitted to circuit court Judge Nishimura in Honolulu, Hawaii. The filing in question was submitted after Judge Nishimura had denied Taitz’s motion to attempt to enforce subpoenas she had downloaded from the Georgia Office of State Administrative Hearings web site that were addressed to Loretta Fuddy, the Director of the Hawaii Department of Health and her representative Jill Nagamine.

We just need to look a two documents. First, on January 13 after her motion to enforce her bogus subpoenas from Georgia was denied by Judge Nishimura she filed a motion to reconsider. (courtesy Jack Ryan at SCRIBD) In her motion to reconsider Tatiz stated this on Page 5:

“I, Dr. Orly Taitz, ESQ, declare under penalty of perjury, that I was given commission and subpoena…” [bold added]

Now the key word is “commission”. What is a commission? A good explanation of the process for enforcing out of jurisdiction subpoenas may be found here:

1. Order to Take Out-of-State Deposition
An Order to Take Out-of-State Deposition is an order entered by the trial court where the action is pending permitting the taking of deposition of a non-party witness in another State. The Order is obtained upon motion of the party seeking to depose the witness with notice to all opposing counsel or parties. Upon hearing, the trial court may issue the Order if deemed  appropriate.
2. Commission to Take Out-of State Deposition
A Commission to Take Out-of-State Deposition is similar to an Order to Take Out-of-State Deposition with the added provision that it designates or commissions a person to take the  out-of-state deposition. When so commissioned, the Commissioner shall have the power to administer oaths and take the deposition in the foreign state the same as if it were taken in the trial State.
3. Stipulation to Take Out-of-State Deposition
A Stipulation to Take Out-of-State Deposition is an agreement between the parties to take an out-of-state deposition having the same effect as a Commission.
4. Letter Rogatory
A Letter Rogatory, when used in this context, is a formal written request from the trial court where the matter is pending directed to the court having jurisdiction over the non-party witness requesting the latter court’s assistance in having a subpoena issued, and a deposition taken.

So Taitz, under penalty of perjury swore to state judge in Hawaii that the had a commission to enforce a subpoena from a judge in Georgia. That is straightforward right? She said to Judge Nishimura “I have a subpoena and I have a commission so you better enforce it”. Orly was lying. How do we know this? Well on January 27th Judge Malihi in Georgia issued this ruling (courtesy of Jack Ryan at SCRIBD):

Well that is interesting. Taitz had filed a motion for a commission but she had not received a reply from Judge Malihi when she swore to Judge Nishimura that she had such a ruling.  It was denied on the 27th.  So the question is this. Was Taitz lying willfully or from ignorance of the procedure for enforcing out of state subpoenas? Surely that process was covered in one of her courses at the fine law school she “attended”? That was the prestigious  Taft Law School at William Howard Taft University.

Does Hawaii know about the Georgia ruling? I have it on Good Authority that they have been provided a copy. What will they do with it? Here is a short video that explains what constitutes perjury in Hawaii: What is Perjury?

Perjury is a difficult crime to prosecute because as shown in the video the state must prove that person making the false statement knew the statement was false when they made it. If Hawaiian authorities are aware of the Georgia ruling will they act? In Taitz’s case she could make a convincing argument that she was ignorant of the meaning of a commission when she made the statement. All she would have to do is submit any of her numerous pleadings or transcripts of court appearances to demonstrate a complete ignorance of the law. I would conjecture that at minimum a mention of this will find its way into a motion to be filed by Deputy AG Jill Nagamine in her promised motion to declare Tatiz a vexatious litigant and ask for costs to defend her frivolous lawsuits in Hawaii. Only time will tell. Grab lots of popcorn!

For reference only:  Haw. Rev. Stat. § 710-1060 : Hawaii Statutes – Section 710-1060:

(1) A person commits the offense of perjury if in any official proceeding the person makes, under an oath required or authorized by law, a false statement which the person does not believe to be true.

(2) No person shall be convicted under this section unless the court rules that the false statement is a “materially false statement” as defined by section 710-1000(9). It is not a defense that the declarant mistakenly believed the false statement to be immaterial.

(3) Perjury is a class C felony. [L 1972, c 9, pt of §1; gen ch 1993]

Case Notes

Sufficiency of indictment for perjury. 1 H. App. 510, 620 P.2d 1091.

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15 Responses to BREAKING – Did Orly Taitz Commit Perjury in a Hawaiian Court Filing or Is She Just That Incompetent?

  1. Plutodog says:

    Sounds like she’s also practicing law without a license in Hawaii since her GA clients are listed.

  2. Tomtech says:

    I think Orly doesn’t know what a commission is. IIRC her ‘law license” in California is considered a commission and she might claim that she thought her pro hac vice in Georgia was also her commission.

    I would love to see her prosecuted just to see her plead not guilty due to incompetence.

  3. MsDaisy says:

    Good post RC. Orly has clearly demonstrated to the court, under penalty of perjury that she has in fact committed perjury. At least she proved something!

    Sorry I missed the show the other night. We had gone to the Obot dinner and then stopped at the pub next to our hotel when we got back and it got too late. (It was MrDaisy’s birthday and we wuz celebrating :)

    I did listen to it yesterday morning and it was a very good show.

    I guess the ball of Orly’s lies is now in Ms Nagamine’s court, and I hope she hits it into the next county!

    I’m back home now so hopefully I’ll get caught up on everything else soon.

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  6. Yes, that certainly seems to be the case with this motion. It is too bad that Deputy AG Jill Nagamine didn’t bring up that point at the hearing on January 13th when Taitz original motion to enforce the subpoena was denied. I would love to have heard her answer to that question. I forgot to point out in the article that Judge Nishimura denied the second motion with the mere stroke of a pen by crossing through “ordered” and writing “denied”. I doubt if the Judge even read this “masterpiece”. She knew it was coming and how she was going to respond.

  7. y_p_w says:

    The other thing is that Orly completely blew it in her request for letters rogatory and commission. Georgia issues them for depositions (and not for orders to produce evidence) and only in cases where the deposition is to take place in a foreign country. She did in fact cite some of this in her request for letters rogatory and commission, but got the code section wrong, and clipped out that parts that mentioned it only applies to depositions (and not orders to produce), and that it only applies to holding a deposition in a foreign country. I think she knows what it means, since she tried getting letters rogatory last year in some sort of attempt to depose someone in Kenya – trying to get them to say that Obama’s birth certificate is filed in Kenya.

    O.C.G.A. § 9-11-28 (Copy w/ Cite)
    Pages: 2
    O.C.G.A. ß 9-11-28

    GEORGIA CODE
    Copyright 2011 by The State of Georgia
    All rights reserved.

    *** Current Through the 2011 Extraordinary Session ***

    TITLE 9. CIVIL PRACTICE
    CHAPTER 11. CIVIL PRACTICE ACT
    ARTICLE 5. DEPOSITIONS AND DISCOVERY

    ß 9-11-28. Persons before whom depositions may be taken; disqualification for interest; consent of parties

    (b) In foreign countries. In a foreign state or country depositions shall be taken on notice before a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent of the United States, or before such person or officer as may be appointed by commission or under letters rogatory. A commission or letters rogatory shall be issued only when necessary or convenient, on application and notice, and on such terms and with such directions as are just and appropriate. Officers may be designated in notices or commissions either by name or by descriptive title and letters rogatory may be addressed “To the Appropriate Judicial Authority in (here name the country).”

  8. I don’t think Orly ever heard of a “commission” until she read about them on the Fogbow when people started pointing out that she wasn’t following procedures for enforcing out of jurisdiction subpoenas. She obviously had this motion ready to go on her new laptop and filed it on the way out of town.

  9. The Oh For Goodness Sakes Blog posted a similar article yesterday afternoon. Adelante has some good additional information including the fact that Larry Sinclair and Lucas Smith both accused Taitz of asking them to lie in Judge Carter’s court in the Barnett v Obama case. “Goes to a pattern of criminal behavior your Honor” as the TV lawyers say a lot.

  10. MichaelN says:

    How PATHETIC do you people get to be?

    You should be welcoming the opportunity for your messiah to smack-down the “birthers” with his genuine, original vital records.

    Instead you are running scared, you know he is a FRAUD, so to save your disgusting dishonest band-wagon, you desperately dig and dig for any insignificant, irrelevant piece of garbage to cling to, to avoid the truth being exposed……………. lol

    How come you don’t dig so hard to find out about your messiah Mr. Transparency? …………… you people are the joke of the century…..lol

  11. I got to you didn’t I mate? Why don’t you address Orly’s blatant perjury instead of changing the subject? Did the crazy Sheila lie or not? That is an easy question mate.

    By the way you just used up 1/2 of your remaining point. Tee Hee Hee

  12. MichaelN says:

    2010 Georgia Code
    TITLE 24 – EVIDENCE
    CHAPTER 1 – GENERAL PROVISIONS
    § 24-1-2 – Object of rules of evidence
    Share |
    O.C.G.A. 24-1-2 (2010)
    24-1-2. Object of rules of evidence

    The object of all legal investigation is the discovery of truth. The rules of evidence are framed with a view to this prominent end, seeking always for pure sources and the highest evidence.

    2010 Georgia Code
    TITLE 24 – EVIDENCE
    CHAPTER 5 – BEST EVIDENCE RULE
    ARTICLE 2 – COPIES OF WRITINGS
    § 24-5-25 – Existence of original essential to admissibility of copy; amount of evidence required
    O.C.G.A. 24-5-25 (2010)

    24-5-25. Existence of original essential to admissibility of copy; amount of evidence required

    The existence of a genuine original is essential to the admissibility of a copy. The amount of evidence to show such existence must vary with the circumstances of each case. Where no direct issue is made upon the fact, slight evidence shall be sufficient.

    2010 Georgia Code
    TITLE 24 – EVIDENCE
    CHAPTER 10 – SECURING ATTENDANCE OF WITNESSES AND PRODUCTION AND PRESERVATION OF EVIDENCE
    ARTICLE 5 – UNIFORM ACT TO SECURE THE ATTENDANCE OF WITNESSES FROM WITHOUT THE STATE
    § 24-10-96 – Exemption of witnesses from arrest and service of process
    Share |
    O.C.G.A. 24-10-96 (2010)
    24-10-96. Exemption of witnesses from arrest and service of process

    (a) If A PERSON COMES INTO THIS STATE IN OBEDIENCE TO A SUMMONS DIRECTING HIM TO ATTEND and testify in this state, he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.

    (b) If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.

    Georgia Code – Evidence – Title 24, Section 24-10-91
    As used in this article, the term:
    (1) ‘Penal institution’ means a jail, prison, penitentiary, house of correction, or other place of penal detention.
    (2) ‘STATE’ MEANS ANY STATE OR TERRITORY OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA.
    (3) ‘SUMMONS’ MEANS A SUBPOENA, order, OR OTHER NOTICE requiring the appearance of a witness.
    (4) ‘WITNESS’ MEANS A PERSON WHOSE TESTIMONY IS DESIRED IN ANY PROCEEDING or investigation by a grand jury or in a criminal action, prosecution, or proceeding held by the prosecution or the defense, including a person who is confined in a penal institution in any state.

  13. Jules says:

    A prosecution would be unreasonable and a waste of public resources because no reasonable prosecutor would determine that he/she would be likely to secure a conviction. There is no evidence that Taitz appreciated the inaccuracy of what she said and ample evidence that she knows virtually nothing about subpoenas and uses legal terms based upon her notions of what they should mean rather than their actual meaning. There is arguably no case to answer and the matter could well be dismissed without the need for Taitz to even present her defence.

  14. @MichaelN

    No comments on the Georgia ruling?

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