Montgomery Blair Sibley has a quo warranto suit against Barack Obama, but the District Court isn’t moving fast enough, so he filed with the DC Circuit Court, asking it to order the District Court to get cracking! The Circuit Court says no, so now Sibley has appealed to the US Supreme Court in a request for a Writ of Certiorari.
Will this force the Supreme Court to make a decision?
Previously Sibley had twice sued the Supreme Court for treason.
Read more:
Okay, I’m no lawyer, so I could be wrong, but isn’t treason a criminal offense? I didn’t think private parties could sue other parties for criminal offenses.
Sure you can … it’s called taking the law into your own hands! Whaa-whaa-whaaaaaaa.
That was terrible.
Speaking of that, how does an individual sue an entire branch of gov’t for treason? On behalf of the entire American populace in a class-action suit?
Sure you can (sue another party for a criminal offense). Convicted murderers are often sued for that act as a civil matter. Even those who escaped conviction for criminal matters have lost in civil actions for the same action, where the standard of proof is preponderance of the evidence rather than guilty beyond a reasonable doubt.
However, only a victim (or family) can sue, and treason is by its definition a crime against the state. It’s certainly not something where an individual citizen can sue.
I think it is just possible Sibley can rival Orly Taitz for incompetence and sheer nuttiness.
I’ve observed before and I will say again. The number of indictments and trials for treason probably average under 1 per year.
Only in the warped fascist world of the birthers will millions of people be charged with treason.
Agreed.
I don’t think it’s nearly that many. I think there have only been a handful of treason trials in the entire history of the U.S.:
http://207.56.179.67/david_stewart/2010/01/treason-american-style.html
Thanks, Elmo.
I think the charge so freely thrown about by Dr. Taitz of treason by this fellow or that is symptomatic of birthers, who only seek to enforce one clause in the Constitution, but not the rest, such as how the Electoral College and Congress get to elect the President and review the process.
We can move on to “misprision” of a felony. My guess is that the number of those prosecutions, which, unlike treason, could occur at the state and local level, probably also hovers at around 1 per year.
A good read. Motion to Dismiss in Sibley..
http://www.scribd.com/doc/87716694/DC-2012-04-02-Sibley-Defendants-Motion-to-Dismiss
A revealing 2007 Washington Post article about Sibley.
http://www.washingtonpost.com/wp-dyn/content/article/2007/05/03/AR2007050302233.html
SMACK!
One hell of a well-written slap-down.
Well, given the effort by Orly in the past, it was predictable. There is no Quo Warranto to remove a future president, and there is no Quo Warranto to remove a sitting president. Furthermore, the DC Quo Warranto statute is clear and Sibley is not entitled to relief as he lacks sufficient interest in the present office and it’s too early to apply QW to a future office.
The case was doomed from the beginning. QW is not the way to go here.
Our thanks should go out to Orly whose efforts laid the foundation for the denial of Sibley’s complaint. Just predicting…
…And unless I’m mistaken, “misprision of a felony” is just a misdemeanor, no?
A fascinating read, thanks!
That was quite a thorough and well cited shredding of Sibley’s frivolous claim…
Yeah, that makes the picture fairly clear that he completely severed from reality many years ago… talk about vexatious !