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