ObamaReleaseYourRecords reports that Montgomery Blair Sibley (right) has subpoenaed “all records” for Barack Hussein Obama, II, and Barry Soetoro held by Occidental College, in the lawsuit Sibley v. Alexander, and has referenced a copy of the subpoena from the Superior Court of the District of Columbia. Alexander is a presidential elector from the District, and I wrote about this case last month.
Rule 45 of the District of Columbia Superior Court Civil Procedure Rules covers subpoenas. Because the rules require court approval to serve a subpoena more than 25 miles from the District, Sibley filed a motion on November for the Court to appoint an “out of state examiner.” As of today, there is no indication that the Court had ruled on this motion. Also, because the records sought are protected by statute, Sibley filed a motion yesterday (December 3) asking the Court to order the protected records released. I do not know if the subpoena has actually been served. Sibley is an attorney (as I understand suspended from practice) and I will presume he knows how to get a document served. The subpoena itself will not stand because of 45(c)(3)(A)(iii) which says: “On timely motion, the Court shall quash or modify the subpoena if it … requires disclosure of privileged or other protected matter and no exception or waiver applies” and of course education records other than dates of attendance are protected by statute.
Recall that Orly Taitz was required to pay $4,000 in attorney costs to Occidental College for an unreasonable subpoena to Occidental College. The DC rules provide:
45(c)(1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The Court shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney’s fee.
There is nothing of relevance that Occidental College could tell the Court in this case, since Sibley does not allege that Obama is a foreigner, only that his father was.
What is of extra interest is that the place of delivery for the records specified is the law offices of an attorney in California named Taitz.
According to ORYR, Sibley says that the subpoena image came from Orly Taitz and represents only a draft. Here’s what he is quoted as saying:
"No it is not valid. Orly has run off prematurely. I did consult her about domesticating my DC Subpoena in California, but she only received a draft subpoena, not the one I have issued. So please disregard her posting.
In truth, I have issued subpoenas to Columbia, Occidental, Harvard Law, Social Security Administration, Selective Service Administration and the National Archives. Orly has nothing to do with those subpoenas. Service is pending and I will update everyone once I know whether service was successful." – Montgomery Sibley
Meanwhile, there is still no indication on the Court docket that any order regarding access to protected records has been issued. An Internet commenter under the name “A Real Lawyer” wrote:
A lawyer, even a disbarred lawyer like Sibley, should know that records cannot be obtained from federal agencies (SSA, SSS, National Archives) via subpoena. They must be requested through FOIA and if the agency denies the request, then a FOIA suit must be brought in the FEDERAL court, not a local court such as the Superior Court for the District of Columbia.
The Superior Court lacks enforcement power over federal agencies. Sibley knows this and is banking on the birthers to not understand his sleight of hand. Further, the DC Superior Court has no jurisdiction over Columbia or Occidental.
Docket entries for the case as of 1 PM December 5: