Taitz claims defamation in undocumented immigrants caseMGN Online
Posted:
Monday, September 15, 2014 10:00
pm
By
EMMA PEREZ-TREVIÑO | 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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