superi or court for the d civil divi sio nmontgomeryblairsibley.com/library/contempt.pdf · why...
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SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
CIVIL DIVISION
MONTGOMERY BLAIR SIBLEY,
PLAINTIFF,
VS.
YVETTE ALEXANDER, DON R. DINAN AND
WILLIAM LIGHTFOOT,
DEFENDANTS._____________________________________/
Case. No.: 2012-CA-008644 BJudge: John M. MottNext Hearing: November 29, 2012
10:00 a.m.
PLAINTIFF’S VERIFIED MOTION FOR
RULE TO SHOW CAUSE WHY BARACK
HUSSEIN OBAMA, II, SHOULD NOT BE
HELD IN CONTEMPT OF COURT
Plaintiff, Montgomery Blair Sibley, pursuant to 28 U.S.C. §1746, states that the matters
stated herein are true under penalty of perjury and pursuant to Superior Court Rules of Civil
Procedure, Rule 45(e) and the anomalous authority of this Court, moves for a Rule to Show Cause
why Barack Hussein Obama, II, should not be held in contempt of court and for grounds in support
states:
I. BACKGROUND
On November 16, 2012, at Plaintiff’s request pursuant to Rule 45(a)(3), the Clerk of this
Court issued a subpoena duces tecum directed to Barack Hussein Obama, II, directing him to
produce the originals of his short-form Certificate of Live Birth and his long-form Certificate of Live
Birth, copies of which were attached to the subpoena. A copy of that issued subpoena is attached
hereto as Exhibit “A”. Plaintiff sought these documents to discharge his evidentiary burden for the
hearing set for November 29, 2012, in order to demonstrate the Mr. Obama’s Father was not a
United States citizen.
On November 16, 2012, Plaintiff’s process server attempted service of the subpoena duces
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tecum at the White House and was denied the ability to serve the subpoena by the White House
Police and the White House’s General Counsel’s Office. On November 19, 2012, at the direction of
the White House’s General Counsel, the process server attempted service at the Department of
Justice and was similarly denied. See Exhibit “B” attached hereto.
On November 20, 2012, Plaintiff contacted the U.S. Secret Service at 10:56 a.m. and spoke
with Agent “Jane Smith” who refused to identify herself in any manner. She indicated to Plaintiff
that the telephone call was not being recorded. Agent Smith told Plaintiff that Mr. Obama would
receive the subpoena if mailed to the White House at the following address:
Barack Hussein Obama, II, THE WHITE HOUSEAtt: Legal Subpoena/Case No.: 2012-CA-008644 B1600 Pennsylvania Ave NWWashington, DC 20500-0004
Accordingly, as directed, Plaintiff mailed the original subpoena duces tecum with the cover
letter attached hereto as Exhibit “C”. Delivery of the subpoena duces tecum was confirmed by the
United States Postal Service by signature confirmation on November 27, 2012, which is attached
hereto as Exhibit “D”. To date, there has been no response to Exhibit “A”.
Concerned that service might not occur before the date for the preliminary injunction hearing,
Plaintiff mailed a second original subpoena duces tecum with the cover letter attached hereto as
Exhibit “E”. Delivery of that subpoena duces tecum was confirmed by the United States Postal
Service by signature confirmation on November 29, 2012, at 4:18 a.m. which is attached hereto as
Exhibit “F”. As of the commencement of the hearing, there has been no response to Exhibit “E”.
II. LEGAL ARGUMENT
Rule 45(e) states in pertinent part: “(e) Contempt – Failure by any person without adequate
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excuse to obey a subpoena served upon that person may be deemed a con-tempt of the Court.”
“No man in this country is so high that he is above the law. No officer of the law may set that
law at defiance with impunity. All officers of the government, from the highest to the lowest, are
creatures of the law, and are bound to obey it.” United States v. Lee, 106 U.S. 220, 261
(1882)(Emphasis added). Accord: Seminole Tribe v. Fla., 517 U.S. 44, f/n #2 (1996)(“In any event,
it is clear that the idea of the sovereign, or any part of it, being above the law in this sense has not
survived in American law.”)
Hiding behind his Praetorian Guards, Barack Hussein Obama, II, has set himself “above the
law” by using armed government actors to prevent the personal service upon him of this Court’s process
and ignoring that process when served upon him as directed by those Praetorian Guards.
III. CONCLUSION
Accordingly, if this Court’s dignity and authority is to be recognized and enforced, Plaintiff
seeks an order to show cause directed to Barack Hussein Obama, II, why he should not be held in
contempt of court for ignoring the subpoenas served upon him. Additionally, Plaintiff requests that
such order to show cause be served by U.S. Express Mail, Delivery Confirmation upon the President
and/or his counsel as personal service is impossible and indeed, is not required. Due process does not
require more than “suitable notice and an adequate opportunity to appear and be heard.” Securities and
Exchange Commission v. VTR, Inc., 410 F. Supp. 1309, 1313 (D.D.C. 1975). Given the peculiar
circumstances of this matter, service by mail would satisfy the due process requirements.
Alternatively, Plaintiff seeks a writ of Habeas Corpus directed to the U.S. Secret Service
directing that they produce Barack Hussein Obama, II, so that Plaintiff’s process server may personally
serve an alias subpoena duces tecum on him.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the foregoing was served by U.S. PostalService first class mail this November 29, 2012, on Andrew J. Saindon, Assistant Attorney GeneralEquity Section, 441 Fourth Street, N.W., 6th Floor South, Washington, D.C. 20001, Telephone: (202)724-6643, Facsimile: (202) 730-1470, E-mail: [email protected]
I declare under penalty of perjury that the foregoing is true and correct.
Signed on: November 29, 2012 MONTGOMERY BLAIR SIBLEY
PLAINTIFF
4000 Massachusetts Ave, NW, #1518Washington, D.C. 20016Voice/Fax: 202-478-0371
By: __________________________Montgomery Blair Sibley
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SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
CIVIL DIVISION
MONTGOMERY BLAIR SIBLEY,
PLAINTIFF,
VS.
YVETTE ALEXANDER, DON R. DINAN AND
WILLIAM LIGHTFOOT,
DEFENDANTS._____________________________________/
Case. No.: 2012-CA-008644 BJudge: John M. MottNext Hearing: November 29, 2012
10:00 a.m.
[PROPOSED]
ORDER ON PLAINTIFF’S MOTION RULE TO SHOW CAUSE WHY BARACK HUSSEIN OBAMA, II,SHOULD NOT BE HELD IN CONTEMPT OF COURT OR, ALTERNATIVELY, FOR WRIT OF HABEAS
CORPUS DIRECTED TO THE U.S. SECRET SERVICE
THIS MATTER came on to be heard on Plaintiff’s Motion Rule to Show Cause Why BarackHussein Obama, II, Should Not Be Held in Contempt of Court or, Alternatively, for Writ of HabeasCorpus Directed to the U.S. Secret Service, and the Court being advised in the premises, it is hereby:
ORDERED AND ADJUDGED that the motion is granted. Barack Hussein Obama, II, shallshow cause within ____ days of the date of this Order why he should not be held in contempt of courtfor failing to comply with the subpoena duces tecum served on him in this matter.
DONE AND ORDERED in Chambers this ____ day of ______, 2012.
__________________________________Judge John M. Mott
Copies to:
Montgomery Blair Sibley4000 Massachusetts Ave, N.W., #1518Washington, DC 20016
Andrew J. SaindonAssistant Attorney General441 Fourth Street, N.W., 6th Floor SouthWashington, D.C. 20001
MONTGOMERY BLAIR SIBLEY4000 MASSACHUSETTS AVENUE, N.W.APARTMENT 1518WASHINGTON, D.C. 20016-5136EMAIL: [email protected]
202-478-0371 (FAX)
November 20, 2012
USPS Signature Confirmation #:23061570000047541289Barack Hussein Obama, IITHE WHITE HOUSE1600 Pennsylvania Ave NWWashington DC 20500-0004
Re: Montgomery Blair Sibley vs. Yvette Alexander, et al.D.C. Superior Court Case. No.: 2012-CA-008644 B
Greetings,
My process server’s attempts to served the enclosed original subpoena issued in the abovematter on you were rebuffed by the White House Counsel’s office and the Department of Justice. Accordingly, by direction of “Jane Smith” of the Secret Service, I am serving the enclosedsubpoena on you in this fashion as according to her personal service on you will not be permittedby the Secret Service.
Alternatively, I would be please to have my process server serve you directly if you willmake yourself available to him as I am sure you do not want to appear to be avoiding the Court’ssubpoena in this matter.
yours,
Date: 11/27/2012
MONTGOMERY SIBLEY:
The following is in response to your 11/21/2012 request for delivery information on yourSignature Confirmation(TM) item number 2306 1570 0000 4754 1289. The delivery recordshows that this item was delivered on 11/27/2012 at 05:04 AM in WASHINGTON, DC 20500to M NALDO. The scanned image of the recipient information is provided below.
Signature of Recipient:
Address of Recipient:
Thank you for selecting the Postal Service for your mailing needs. If you require additionalassistance, please contact your local Post Office or postal representative.
Sincerely,
United States Postal Service
MONTGOMERY BLAIR SIBLEY4000 MASSACHUSETTS AVENUE, N.W.APARTMENT 1518WASHINGTON, D.C. 20016-5136EMAIL: [email protected]
202-478-0371 (VOICE/FAX)
November 23, 2012
USPS Signature Confirmation #:23061570000047541296Barack Hussein Obama, IITHE WHITE HOUSE1600 Pennsylvania Ave NWWashington DC 20500-0004
Re: Montgomery Blair Sibley vs. Yvette Alexander, et al.D.C. Superior Court Case. No.: 2012-CA-008644 B
Greetings,
My process server’s attempts to served a subpoena issued in the above matter on youwere rebuffed by the White House Police, White House Counsel’s office and the Department ofJustice. Accordingly, by direction of “Jane Smith” of the Secret Service, I am serving theenclosed subpoena on you in this fashion as according to her personal service on you will not bepermitted by the Secret Service.
Alternatively, I would be please to have my process server serve you directly if you willmake yourself available to him as I am sure you do not want to appear to be avoiding the Court’ssubpoena in this matter. As I a sure you recall from your legal training: “No man in this countryis so high that he is above the law. No officer of the law may set that law at defiance withimpunity. All officers of the government, from the highest to the lowest, are creatures of the law,and are bound to obey it.” United States v. Lee, 106 U.S. 220, 261 (1882).
yours,
Montgomery Blair Sibley vs. Yvette Alexander, et al.D.C. Superior Court Case. No.: 2012-CA-008644 B
Subpoena Addendum
YOU ARE COMMANDED to produce and permit inspection and copying of the followingdocuments or objects at the place, date, and time specified below:
DOCUMENTS OR OBJECTS – Original Certificates of Live Birth of Barack Hussein Obama, II,copies of which are attached hereto as Exhibit "A" & "B"
PLACE OF PRODUCTION – H. Carl Moultrie I Courthouse, 500 Indiana Ave NW, Courtroom 221,Washington DC 20001-2131
DATE/TIME – November 29, 2012 at 11:00 a.m.
Date: 11/29/2012
MONTGOMERY SIBLEY:
The following is in response to your 11/28/2012 request for delivery information on yourSignature Confirmation(TM) item number 2306 1570 0000 4754 1296. The delivery recordshows that this item was delivered on 11/29/2012 at 04:18 AM in WASHINGTON, DC 20500to M NALDO. The scanned image of the recipient information is provided below.
Signature of Recipient:
Address of Recipient:
Thank you for selecting the Postal Service for your mailing needs. If you require additionalassistance, please contact your local Post Office or postal representative.
Sincerely,
United States Postal Service