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Shutting that whole Sibley thing down

Since we last visited the Sibley v. Alexander case a lot of legal stuff has happened. As you may recall, Sibley filed his lawsuit in the District of Columbia Superior Court against its three members of the Electoral College. He asked for an injunction against their voting for Obama, and he fired off a number of subpoenas to colleges for Obama’s education records and others. The Defense removed the case to federal court where motions have been filed by the Attorney General of the District of Columbia to:

  1. Dismiss the case as moot, and for lack of standing, and for being in error as a matter of law
  2. Deny Sibley’s motion for remand (return the case to Superior Court)
  3. Stay Sibley’s subpoenas and all discovery as irrelevant
  4. Deny Sibley’s other motions (shut that whole Sibley thing down)
  5. Sanction Sibley for filing a frivolous lawsuit
  6. Enjoin Sibley from pursuing any Obama eligibility litigation in the District without leave of the Court

It is interesting to read the Defense brief in that it recites so many of the birther cases, from Ankeny to Taitz, as precedent for dismissing this one. The Defense describes Sibley’s quest as obsessive:

But none of the discovery sought is remotely relevant to these claims, and is concerned solely with plaintiff’s obsession with the President’s “eligibility” for office.

Here the Defense motion:

Sibley v Alexander – Defendants’ Motion to Dismiss, for Stay, for Sanctions…

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26 Responses to Shutting that whole Sibley thing down

  1. avatar
    Yoda December 21, 2012 at 10:51 am #

    I heard a rumor that a person named in Orly’s “Reeko” statement, which she published on line prior to filing, but not named as a defendant is seriously contemplating suing her for defamation.

  2. avatar
    Dr. Conspiracy December 21, 2012 at 1:32 pm #

    I could understand someone contemplating doing that.

    Personally, I wouldn’t recommend it. Look at Liberi v. Taitz to see how messy a suit can get. There is the issue of showing any real damages from Orly’s ranting, and its being questionable whether one could ever collect.

    Yoda: I heard a rumor that a person named in Orly’s “Reeko” statement, which she published on line prior to filing, but not named as a defendant is seriously contemplating suing her for defamation.

  3. avatar
    Yoda December 21, 2012 at 1:54 pm #

    True but Taitz v. Berg is like spy v. spy. And Yosi supposedly has millions. Something needs to be done to permanently shut her down from a legal perspective and to demonstrate to her that her reckless conduct has real and substantial consequences.

  4. avatar
    Yoda December 21, 2012 at 1:57 pm #

    This potentially a clear cut case. A private person who is identified by name I document that ties him to a non existant conspiracy to commit treason? How much fun would it be to take her deposition, have her identify her talk about her “evidence”, her basis for calling each judge who decided against her a traitor, or worse. Dismantle her for the world to see.

  5. avatar
    G December 21, 2012 at 2:10 pm #

    Agreed. If only that would someday happen. Orly sure seems to keep constantly pushing the envelope of what she can get away with…at some point, one would expect real consequences to finally emerge.

    Yoda:
    True but Taitz v. Berg is like spy v. spy.And Yosi supposedly has millions. Something needs to be done to permanently shut her down from a legal perspective and to demonstrate to her that her reckless conduct has real and substantial consequences.

  6. avatar
    gorefan December 21, 2012 at 4:34 pm #

    Sibley filed an emergency motion of some sort or another.

    http://obamareleaseyourrecords.blogspot.com/2012/12/national-archives-caught-altering-hawaii-records.html

  7. avatar
    gorefan December 21, 2012 at 4:59 pm #

    Voeltz v. Obama is dismissed.

    http://judicial.clerk.leon.fl.us/image_orders.asp?caseid=64293606&jiscaseid=&defseq=&chargeseq=&dktid=6821636&dktsource=CRTV

    The judge cites “Miracle on 34th Street”, hopefully the original 1947 version. Merry Christmas.

  8. avatar
    donna December 21, 2012 at 5:40 pm #

    gorefan: Voeltz v. Obama is dismissed.

    “From the Dismissal:”

    “This Court notes that President Obama lives in the White House. He flies on Air Force One. He has appeared before Congress, delivered States of the Union addresses, and meets with Congressional leaders on a regular basis. He has appointed countless ambassadors to represent the interests of the United States throughout the world. President Obama’s recent appointment of The Honorable Mark Walker, formerly a member of this Court, has been confirmed by the United States Senates. Judge Walker has been sworn in as a United States District Court Judge and currently works at the Federal Courthouse down the street. The Electoral College has recently done its work and elected Mr. Obama to be President once again. As this matter has come before the Court at this time of year it seems only appropriate to paraphrase the ruling rendered by the fictional Judge Henry X. Harper from New York in open court in the classic holiday file ‘Miracle on 34th St.’ “Since the United States Government declares this man to be President, this Court will not dispute it. Case dismissed.”

    http://www.freerepublic.com/focus/f-news/2971208/posts

  9. avatar
    Yoda December 21, 2012 at 6:02 pm #

    Who read it in the actor’s voice?

    This is classic, they have now lost to two empty tables and a movie about Santa Clause.

  10. avatar
    G December 21, 2012 at 8:10 pm #

    ROTFLMAO!!!!!!

    That has to be the BEST official judicial response to Birther denialism YET!!! :)

    donna:
    gorefan: Voeltz v. Obama is dismissed.

    “From the Dismissal:”

    “This Court notes that President Obama lives in the White House. He flies on Air Force One. He has appeared before Congress, delivered States of the Union addresses, and meets with Congressional leaders on a regular basis. He has appointed countless ambassadors to represent the interests of the United States throughout the world. President Obama’s recent appointment of The Honorable Mark Walker, formerly a member of this Court, has been confirmed by the United States Senates. Judge Walker has been sworn in as a United States District Court Judge and currently works at the Federal Courthouse down the street. The Electoral College has recently done its work and elected Mr. Obama to be President once again. As this matter has come before the Court at this time of year it seems only appropriate to paraphrase the ruling rendered by the fictional Judge Henry X. Harper from New York in open court in the classic holiday file ‘Miracle on 34th St.’ “Since the United States Government declares this man to be President, this Court will not dispute it. Case dismissed.”

    http://www.freerepublic.com/focus/f-news/2971208/posts

  11. avatar
    Paper December 21, 2012 at 8:25 pm #

    Truly understandable. I might add, though, that being ranted at by Taitz could be considered a badge of honor, and one might just want to say thank you to her. Not that I personally would want to deal with her, mind you.

    Dr. Conspiracy:
    I could understand someone contemplating doing that.

    Personally, I wouldn’t recommend it. Look at Liberi v. Taitz to see how messy a suit can get. There is the issue of showing any really damages from Orly’s ranting, and its being questionable whether one could ever collect.

  12. avatar
    Yoda December 21, 2012 at 8:35 pm #

    Paper:
    Truly understandable.I might add, though, that being ranted at by Taitz could be considered a badge of honor, and one might just want to say thank you to her.Not that I personally would want to deal with her, mind you.

    Accusing someone of treason is slander per se and one would not have to prove economic damages to win.

  13. avatar
    Paper December 21, 2012 at 11:26 pm #

    I understand, but to be called a traitor by Taitz seems practically required to be an actual patriot. It’s *almost* like, hey, why aren’t you calling me a traitor, too? I believe in America.

    I’m just having fun, you are aware.

    If someone actually decides to take Taitz on in court, well, bless them.

    Yoda: Accusing someone of treason is slander per se and one would not have to prove economic damages to win.

  14. avatar
    Dr. Conspiracy December 22, 2012 at 12:26 am #

    Birthers get really upset by things like this. They will say that the Judge is crazy to cite a movie judgement as precedent. I’ve seen the like before.

    donna: Since the United States Government declares this man to be President, this Court will not dispute it. Case dismissed.”

  15. avatar
    Rickey December 22, 2012 at 1:49 am #

    Dr. Conspiracy:
    Birthers get really upset by things like this. They will say that the Judge is crazy to cite a movie judgement as precedent. I’ve seen the like before.

    That’s because they either won’t read or comprehend the entire order. The case was dismissed because the state court in Florida has no jurisdiction to determine who is eligible to be President.

    Note that the judge is retaining jurisdiction to award fees and costs to the defendants. I hope the defendants ask for fees and costs and that Klayman is hit hard.

  16. avatar
    G December 22, 2012 at 1:51 am #

    Good. Let them.

    Birthers get upset anytime they are confronted with reality. Being gentle with their fragile little delusions doesn’t work. It is nothing but appeasement and only encourages their bad bullying behavior.

    A hard smack of reality is what they need, whether they accept it or not. Let them whine and gnash…it is all they do anyways.

    Dr. Conspiracy:
    Birthers get really upset by things like this. They will say that the Judge is crazy to cite a movie judgement as precedent. I’ve seen the like before.

  17. avatar
    Bran Mak Morn December 22, 2012 at 7:39 am #

    Yes, birthers are upset; WND has its post on this topic already…. how dare he quote a movie…

  18. avatar
    bovril December 22, 2012 at 8:22 am #

    Oh the squeals over at Freak Rethuglic are as honey…..

    Classics of delusion by the “Constitutionalists”

    Courts still have the judicial power under the Constitution to resolve controversies arising under the Constitution. The failures of others doesn’t justifies this judge’s failure to apply the available law.

    Well actually mong boy, the SC and only the SC has that right, not traffic court or asny other court….

    Then there is much squealing for daddy to spank the horrid man….

    Oh I am not surprised that the court would rule in Obama’s favor but I would expect them to be judicial in the manner is which they rule.
    This is levity and derision. This is unbecoming a court of the United States when ruling on a manner of serious concern to a sizable number of the citizens of the United States.

    This is worthy of a reprimand from the USSC.

    Yeaahhhhh, even assumimg the SC is aware of this (highly unlikley) I imagine the response would be more along the lines of “snarfle….giggle…wish I’d thought of that one”

  19. avatar
    ZixiOfIx December 22, 2012 at 2:04 pm #

    gorefan:
    Sibley filed an emergency motion of some sort or another.

    http://obamareleaseyourrecords.blogspot.com/2012/12/national-archives-caught-altering-hawaii-records.html

    I read through that whole sad, sorry mess and still don’t get how changing the outside of a box changes the contents of the box in any way.

    The birthers are deep into Erwin Schrödinger territory at this point.

  20. avatar
    Keith December 22, 2012 at 6:11 pm #

    bovril: Oh I am not surprised that the court would rule in Obama’s favor but I would expect them to be judicial in the manner is which they rule.
    This is levity and derision. This is unbecoming a court of the United States when ruling on a manner of serious concern to a sizable number of the citizens of the United States.

    This is worthy of a reprimand from the USSC.

    There used to be a radio program in Australia called “Lawyers, Guns, and Money” (named after the Warren Zevon song). It was a program by lawyers, for lawyers, about lawyers. It started out on subscriber run community radio station 3RRR in Melbourne, but when its popularity grew they were ‘bought’ by a commercial network and went nationwide.

    They had a segment called “Beak of the Week” (‘beak’ being slang for ‘judge’) where they collected funny sayings that Judges had made in court that week and awarded the ‘prize’ to the one they deemed funniest.

    As I recall, they concluded after about 3 years of this that the Judges were actually playing to get a mention on the program! That’s right, Judges, in serious cases, traffic cases, murder cases, fraud cases, competing with each other to get a joke into the record and noticed on a radio program! And loving every minute of it.

  21. avatar
    Dr. Conspiracy December 22, 2012 at 6:23 pm #

    Sibley says the judge is “stonewalling.”

    http://dcist.com/2012/12/birther_lawyer_complains_federal_ju.php

  22. avatar
    Andrew Vrba, PmG December 22, 2012 at 6:28 pm #

    Dr. Conspiracy:
    Sibley says the judge is “stonewalling.”

    http://dcist.com/2012/12/birther_lawyer_complains_federal_ju.php

    Ooo! More fresh birther tears? Fantastic, I was running low on cocktail bitters!

  23. avatar
    Keith December 22, 2012 at 10:11 pm #

    Dr. Conspiracy:
    Sibley says the judge is “stonewalling.”

    http://dcist.com/2012/12/birther_lawyer_complains_federal_ju.php

    Sibley wants to increase the membership of the House to 10,000? :) :D :lol:

  24. avatar
    G December 23, 2012 at 4:40 am #

    *sheesh* Like there isn’t enough ineffectiveness and trouble “herding the cats” with the 400+ that are there now… *facepalm*

    Keith: Sibley wants to increase the membership of the House to 10,000?

  25. avatar
    Majority Will December 23, 2012 at 8:05 pm #

    ZixiOfIx: The birthers are deep into Erwin Schrödinger territory at this point.

    That was catty! ;-)

  26. avatar
    Zixi of Ix December 24, 2012 at 2:14 am #

    Keith: Sibley wants to increase the membership of the House to 10,000?

    Yep. Here are the derpy details: http://www.thirty-thousand.org/

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