LegalPronews.com runs my article on Eric Holder trying the break the knee caps of Standard and Poor, which in 2012 downgraded the US rating. Do S&P attorneys know that according to CA antiSLAPP statute they can have the case dismissed immediately and get their attorneys fees from the feds?
Posted on | August 19, 2013 | 8 Comments
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Do you remember mob movies where Guido and Bruno are threatening to break the knee caps of a shop keeper unless he pays of the mob?
For years all of the rating agencies gave high ratings to companies and financial institutions which where questionable. If the feds were to bring legal actions against all of the rating companies, such actions would have been consistent. However, the feds brought a legal action only against one company, Standard and Poor, the only rating company which in 2012 reduced the triple A rating of the U.S sovereign debt.
Similarly the feds went after the polling companies, like Gallops, which polled Obama lower then others did.
Eric Holder chose to bring his legal challenge against the Standard and Poor in the Central District of CA, in Santa Ana division.
What works for S&P is a CA AntiSLAPP statute. It allows defendants to bring an AntiSLAPP motion, dismiss the whole case early on and get their attorneys fees from the plaintiffs, in this case from the federal government.
Since the feds chose to bring the case in CA, they used a double aged sward that S&P can use against them.
Anti SLAPP or CA statute 425.16 is envisioned by the CA legislature as a legal remedy to fight bogus law suits brought solely to harass the defendants and to silence them, to limit public participation.
The case is being heard by the same judge, David O Carter, who presided over my challenges against Obama. One of such challenges brought on behalf of Ambassador AlanKeyes is the best known. In that case Judge Carter pressured me to re-serve Obama yet again for the fourth time, through the U.S. attorney, he promised the case will not be dismissed on technicality, such as lack of standing and jurisdiction, however after I served Obama yet again through the U.S. attorney, Judge Carter did exactly what he promised not to do, he dismissed the case claiming lack of jurisdiction and standing. His law clerk in the case was one Siddharth Velamoor, who during the clerkship was still employed by Perkins Coie, a law firm, which represented Obama in eligibility legal actions. When I brought a motion for reconsideration and pointed conflict of interest, Judge Carter simply ignored it. He also inserted in his final ruling and memorandum references to some letters that he received in his chambers, that were not a part of the case, not a part of the docket, which were highly defamatory against me as an attorney for the defendants. When I protested and demanded to remove those from the opinion, or hold a hearing so I can prove that it is a defamation of my character, Judge Carter ignored it yet again. So, if you believe you can get justice and unbiased and impartial opinion in Judge Carter’s court room, think again.
Carter is a Clinton appointee, worked for JAG in the military, known as a judge who traveled to the Eastern Europe in the wake of the fall of the iron curtain. I do not believe Carter would grant antiSLAPP,(anti Strategic Law Suit Against Public Participation) however his decision would give the defense a glimpse on where he stands and they can go with their appeal to the 9th Circuit. That’s what I did in a similar situation and I am waiting to see what the 9th circuit will do.
I believe that antiSLAPP is a great option for any defendant who was slapped with a bogus law suit filed just to silence the defendants. I believe this should be used in every cases of knee cap breaking by Eric Holder.
what a coincidence. The same judge, David O’Carter, who presided …
legalpronews.findlaw.com/article/0gd0c84dxI4Gf9 hours ago – The articles posted represent only the opinion of the writers and do not necessarily… Full Article at Dr. Orly Taitz, Esquire. San Diego Union-Tribune logo
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8 Responses to “LegalPronews.com runs my article on Eric Holder trying the break the knee caps of Standard and Poor, which in 2012 downgraded the US rating. Do S&P attorneys know that according to CA antiSLAPP statute they can have the case dismissed immediately and get their attorneys fees from the feds?”
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August 19th, 2013 @ 8:32 am
I remember Orly!! I also remember the Mafia which threatened to break your store unless you bought their insurance. Their descendants are running Washington now and are breaking our store until we buy their obamacare and hand over all our freedoms.
August 19th, 2013 @ 9:40 am
So the CA State anti-SLAPP statute applies to a federal cause of action in federal court in CA.
Who knew?
August 19th, 2013 @ 10:03 am
If I were the S&P CEO, I would immediately downgrade the US rating to “WORTHLESS” considering the retaliation, the illegal accounting games they’re playing with the fiscal national debt freeze for 87+ days now, the off-budget prohibitively unsustainable and untenable national debt of 106 TRILLION dollars, the fact that the current US government is a banana republic, illegitimate, lawless, and un-Constitutional, the current apostate US government GAO uses accounting practices designed intentionally to deceive the public, the dollar is nearing its inevitable collapse, and the nation will be on the verge of civil war and martial law after the imminent collapse. Even a damn fool can see the writing on the wall for this nation!
August 19th, 2013 @ 10:28 am
Yes, and I believe Buffet, Obama’s best crony capitalist, along withe Solyndra, Tesla, Fisker, (index zerohedge), is untouched. That should be enough to show unequal treatment…wait I dont believe Moody’s did downgrade so it is the perfect bastard legal disingenuous claim to not be singled out by being singled out.
August 19th, 2013 @ 10:42 am
yes, cases were dismissed in Federal court on antisLAPP
August 19th, 2013 @ 2:02 pm
” dr_taitz@yahoo.com
August 19th, 2013 @ 10:42 am
yes, cases were dismissed in Federal court on antisLAPP”
Certainly not since 2005, based on the CA State antiSLAPP statute. The 9th has ruled in this. It applies only to STATE cases, and only then if the it meets the two-pronged requirements.
That’s not the only problem with your premise that S&P could assert the CA state antiSLAPP statute in federal court, but it’s certainly enough.
August 19th, 2013 @ 2:19 pm
so you admit that cases indeed were dismissed in CA in Federal courts under antiSLAPP. Show me a decision b y the 9th circuit, which would limit antiSLAPP. You did not provide any such decision
August 23rd, 2013 @ 6:44 pm
Is the whistleblower in upstate NEW YORK being protected? If not there is a chance just like the ROLLING STONES reporter to meet an accident. PROTECT HER.
The standard and poors should downgrade the rating each time they are subjected to a lawsuit.
This could be the same as getting the gasoline away from the mob, before they set the fire.
Fight fire with fire, Standards and Poors has lots of ways to punish HOLDER.
They hold the ratings. Holder is only on a fishing trip.