Clay D. Land
Encyclopedia
Clay Daniel Land is a United States federal judge
.
Born in Shreveport, Louisiana
, Land received a B.B.A. from the University of Georgia
in 1982 and a J.D.
from the University of Georgia Law School in 1985. He was in private practice in Columbus, Georgia
from 1985 to 2001.
On September 21, 2001, President George W. Bush
nominated Land to a seat on the United States District Court for the Middle District of Georgia
vacated by J. Robert Elliot. Land was confirmed by the United States Senate
on December 13, 2001, and received his commission on December 21, 2001.
Land was in the spotlight in late 2009 when he tried the case Rhodes v. Macdonald, in which an Army physician attempted to secure a restraining order against her being deployed to Iraq, on the argument that President Barack Obama
was not born in the United States and was ineligible to serve as President. Land rejected the argument as frivolous
. Within hours of Land's decision, the physician's attorney, Orly Taitz
, told the news site Talking Points Memo
that she felt Land's refusal to hear her case was an act of treason
. Two days later, she filed a motion to stay Rhodes' deployment pending rehearing of the dismissal order. She repeated her treason allegations against Land and made several other intemperate statements, including claims that Land was aiding and abetting purported aspirations of "dictatorship
" by Obama. Land rejected the motion as frivolous and ordered her to show cause
why she should not be fined $10,000 for abuse of judicial process.
After Rhodes asked for Taitz to be removed as her attorney, on October 13, 2009, Judge Land issued a scathing 40-page ruling sanctioning Taitz and imposed a monetary penalty of $20,000 under Rule 11 of the Federal Rules of Civil Procedure
. Upon learning of Land's ruling, Taitz told Talking Points Memo that she would not pay the fine, calling it "intimidation".
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
.
Born in Shreveport, Louisiana
Shreveport, Louisiana
Shreveport is the third largest city in Louisiana. It is the principal city of the fourth largest metropolitan area in the state of Louisiana and is the 109th-largest city in the United States....
, Land received a B.B.A. from the University of Georgia
University of Georgia
The University of Georgia is a public research university located in Athens, Georgia, United States. Founded in 1785, it is the oldest and largest of the state's institutions of higher learning and is one of multiple schools to claim the title of the oldest public university in the United States...
in 1982 and a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from the University of Georgia Law School in 1985. He was in private practice in Columbus, Georgia
Columbus, Georgia
Columbus is a city in and the county seat of Muscogee County, Georgia, United States, with which it is consolidated. As of the 2010 census, the city had a population of 189,885. It is the principal city of the Columbus, Georgia metropolitan area, which, in 2009, had an estimated population of 292,795...
from 1985 to 2001.
On September 21, 2001, President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
nominated Land to a seat on the United States District Court for the Middle District of Georgia
United States District Court for the Middle District of Georgia
The U.S. District Court for the Middle District of Georgia is a United States District Court which serves the residents of sixty-nine counties from seven divisions from its headquarters in Macon, Georgia....
vacated by J. Robert Elliot. Land was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on December 13, 2001, and received his commission on December 21, 2001.
Land was in the spotlight in late 2009 when he tried the case Rhodes v. Macdonald, in which an Army physician attempted to secure a restraining order against her being deployed to Iraq, on the argument that President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
was not born in the United States and was ineligible to serve as President. Land rejected the argument as frivolous
Frivolous litigation
In law, frivolous litigation is the practice of starting or carrying on law suits that, due to their lack of legal merit, have little to no chance of being won. The term does not include cases that may be lost due to other matters not related to legal merit...
. Within hours of Land's decision, the physician's attorney, Orly Taitz
Orly Taitz
Orly Taitz is an American dentist, lawyer, former real estate agent, and leading figure in the "birther" movement, which challenges whether Barack Obama is a natural-born citizen eligible to serve as President of the United States...
, told the news site Talking Points Memo
Talking Points Memo
Talking Points Memo is a web-based political journalism organization created and run by Josh Marshall, journalist and historian covering issues from a "politically left perspective,". It debuted on November 12, 2000...
that she felt Land's refusal to hear her case was an act of treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
. Two days later, she filed a motion to stay Rhodes' deployment pending rehearing of the dismissal order. She repeated her treason allegations against Land and made several other intemperate statements, including claims that Land was aiding and abetting purported aspirations of "dictatorship
Dictatorship
A dictatorship is defined as an autocratic form of government in which the government is ruled by an individual, the dictator. It has three possible meanings:...
" by Obama. Land rejected the motion as frivolous and ordered her to show cause
Order to show cause
An order to show cause, in most Anglo-Saxon law systems, is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to...
why she should not be fined $10,000 for abuse of judicial process.
After Rhodes asked for Taitz to be removed as her attorney, on October 13, 2009, Judge Land issued a scathing 40-page ruling sanctioning Taitz and imposed a monetary penalty of $20,000 under Rule 11 of the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
. Upon learning of Land's ruling, Taitz told Talking Points Memo that she would not pay the fine, calling it "intimidation".