Taitz claims defamation in undocumented immigrants case
Taitz claims defamation in undocumented immigrants case
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MGN Online
Posted: Monday, September 15, 2014 10:00 pm
By EMMA PEREZ-TREVIŃO | Staff Writer
The grievances filed by California attorney and dentist Orly Taitz about undocumented immigrants now includes allegations of defamation of her character.
Taitz contends that U.S. Border Patrol officer Ron Zermeno was pressured to sign an affidavit that was not true, and that the federal court docket had been manipulated, both in an effort to defame her before presiding U.S. District Judge Andrew S. Hanen and to derail the case because she is a political activist and leader.
This allegation is contained in an amended complaint that Taitz filed Sept. 11, following the initial complaint filed on July 14 in federal court.
That complaint names President Barack Obama, Department of Homeland Security Secretary Jeh Johnson, Health and Human Services Secretary Sylvia Burwell and the U.S. Border Patrol’s Rio Grande Valley Sector. She accuses them of “trafficking illegal aliens.”
The lawsuit seeks to stop the transport of undocumented immigrants to other states, that they be either deported or held in quarantine for two months because, she says, they spread epidemics of scabies, tuberculosis, measles, whooping cough, swine flu, dengue fever, Ebola virus, and lice, and pose a threat to national security and safety.
In her amended complaint, she asks Hanen to find that the Deferred Action for Childhood Arrivals program is unconstitutional, to require a 21-day quarantine for all persons who arrives legally or illegally to the United States after visiting countries with the Ebola epidemic or to suspend all flights to countries with known Ebola cases.
In the amended complaint, Taitz, who said she suffers from respiratory concerns requiring use of a positive pressure oxygen machine, attached an affidavit of California epidemiologist Vera F. Dolan: “As an epidemiologist, I believe that Dr. Taitz’s respiratory infection originated from close contact with infected patients who were sent for treatment to her office, in particular immigrants who were detained by the DHS without quarantine or medical treatment for existing communicable diseases and then transported to California. I believe that Dr. Taitz is in further imminent danger of similar additional infections from immigrant patients detained by the DHS without quarantine or medical treatment for existing communicable diseases,” the affidavit states.
At Taitz’s request, Hanen last month issued subpoenas for several Border Patrol agents, including Zermeno, who said he signed an affidavit that stating he had not had any interaction with Taitz, and did not want to testify.
In the amended complaint, Taitz said that the defendants, including unknown parties, had pressured Zermeno who signed the affidavit under duress. She stated in text messages and phone conversations with fellow Border Patrol agents, Zermeno had agreed to appear at the Aug. 27 hearing and had been willing to provide evidence. She claims that pressure had been applied to defame her, place her in a false light, and to lower her standing in the community.
Taitz also responded to Hanen’s observation at the Aug. 27 hearing, when he noted that a courtesy copy of a motion sent to him was longer than the documentation filed in the court record, and that this would constitute ex parte contact, which is not permitted. He told Taitz that he didn’t know if this had been done deliberately or by accident.
Taitz stated in the amended complaint that she had sent the same documentation to the court clerk, chambers, and the defense, noting that the motion contained 10 pages of pleadings and several exhibits.
She said that when the motion was docketed, she had noticed that all of the exhibits were sealed and seven of 10 pages were missing, and assumed that Hanen had sealed the missing portions.
“So, yet again, there was a case of manipulation, fraud and falsification of record by a John Doe/Jane Doe, employee of the court, which was done with the scope of hiding evidence, obstructing justice and defaming (the plaintiff),” Taitz wrote.
“It is widely believed that each District Court and each U.S. Attorney’s office has individuals who are embedded in those offices and who are working for (National Security Agency) and FBI and not only gather information, but also tamper with records, similar to NSA tampering with phone records and e-mails, as reported by the federal whistle-blower Edward Snowden,” Taitz said.
Taitz is seeking unspecified damages “for two counts of defamation” and a court order that the portion of the documentation that was apparently sealed be unsealed.
The U.S. Attorney’s Office has until Oct. 13 to respond to the allegations.
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