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.
Update:
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:
| Party Name | Party Alias(es) | Party Type | Attorney(s) |
|---|---|---|---|
| SIBLEY, MOTGOMERY BLAIR | PLAINTIFF | PRO SE | |
| ALEXANDER, YVETTE | Defendant | GRAHAM, GRACE SAINDON, Mr ANDREW J |
|
| DINAN, DONALD R. | Defendant | GRAHAM, GRACE SAINDON, Mr ANDREW J |
|
| LIGHTFOOT, WILLIAM | Defendant | GRAHAM, GRACE SAINDON, Mr ANDREW J |
| Schedule Date | Schedule Time | Description |
|---|---|---|
| 02/15/2013 | 10:00 AM | Initial Scheduling Conference-60 |
| Docket Date | Description | Messages |
|---|---|---|
| 12/03/2012 | Miscellaneous Docket | Subpoena Issued By Deputy Clerk rp |
| 12/03/2012 | Motion Filed: | Plaintiff’s First Motion for Order to Release Privacy Act-Protected Records and Expedited Consideration Filed. Attorney: PRO SE (999999) MOTGOMERY BLAIR SIBLEY (PLAINTIFF); Receipt: 240581 Date: 12/03/2012 |
| 11/30/2012 | Praecipe Filed: | Praecipe Filed. Submitted. 11/30/2012 15:04. ars. Attorney: SAINDON, Mr ANDREW J (456987) YVETTE ALEXANDER (Defendant); DONALD R. DINAN (Defendant); WILLIAM LIGHTFOOT (Defendant); |
| 11/30/2012 | Motion to Extend Time to Answer to Complaint Filed | The Defendants’ Consent Motion for Extension of Time to Answer Complaint Filed. submitted 11/30/2012 13:01. atm Attorney: GRAHAM, GRACE (472878) Attorney: SAINDON, Mr ANDREW J (456987) |
| 11/30/2012 | Subpoena for Witness/Documents | Subpoena for Witness/Documents Filed. Attorney: PRO SE (999999) MOTGOMERY BLAIR SIBLEY (PLAINTIFF); |
| 11/30/2012 | Subpoena for Witness/Documents | Subpoena for Witness/Documents Filed. Attorney: PRO SE (999999) MOTGOMERY BLAIR SIBLEY (PLAINTIFF); |
| 11/30/2012 | Motion Filed: | Plaintiff’s First Motion for Appointment of an Examiner to Take Out-of-State Deposition and Subpoena for Documents Filed. Attorney: PRO SE (999999) MOTGOMERY BLAIR SIBLEY (PLAINTIFF); Receipt: 240500 Date: 11/30/2012 |
| 11/29/2012 | Event Resulted: | Event Resulted: The following event: Preliminary Injunction Hearing scheduled for 11/29/2012 at 11:00 am has been resulted as follows: Result: Preliminary Injunction Hearing Held. Courtsmart. Courtroom 221. Parties present. Court heard argument from both sides on the motion for preliminary injuction. Court will make his ruling from chambers. Initial scheduling conference date will remain. sa |
| 11/29/2012 | Opposition to Motion for Preliminary Injunction Filed | Memorandum of Points & Authorities in Opposition to Plaintiff’s Motion for Preliminary Injunction Filed. submitted 11/28/2012 10:21. ksc Attorney: GRAHAM, GRACE (472878) Attorney: SAINDON, Mr ANDREW J (456987) YVETTE ALEXANDER (Defendant); DONALD R. DINAN (Defendant); WILLIAM LIGHTFOOT (Defendant); |
| 11/29/2012 | Motion Filed: | Plaintiff’s Verified Motion for Rule to Show Cause Why Barack Hussein Obama, II, Should not be Held in Comtempt of Court Filed. Attorney: PRO SE (999999) MOTGOMERY BLAIR SIBLEY (PLAINTIFF); Receipt: 240427 Date: 11/29/2012 |
| 11/28/2012 | Proof of Service | Proof of Service Method : Service Issued Issued : 11/14/2012 Service : Summons Issued Served : 11/13/2012 Return : 11/28/2012 On : LIGHTFOOT, WILLIAM Signed By : Reason : Proof of Service Tracking #: 5000125374 |
| 11/28/2012 | Affidavit of Service of Summons & Complaint on | Affidavit of Service of Summons & Complaint on WILLIAM LIGHTFOOT (Defendant); |
| 11/28/2012 | Proof of Service | Proof of Service Method : Service Issued Issued : 11/14/2012 Service : Summons Issued Served : 11/19/2012 Return : 11/28/2012 On : DINAN, DONALD R. Signed By : Reason : Proof of Service Tracking #: 5000125373 |
| 11/28/2012 | Affidavit of Service of Summons & Complaint on | Affidavit of Service of Summons & Complaint on DONALD R. DINAN (Defendant); |
| 11/16/2012 | Miscellaneous Docket | Subpoena Issued by Clerk (In Blank) |
| 11/15/2012 | Order Sua Sponte to/for: Entered on Docket | Order Sua Sponte Scheduling Preliminary Injunction Hearing Entered on Docket submitted 11/15/2012 18:10. ms. Signed by Judge Mott on 11/15/2012 |
| 11/15/2012 | Order Sua Sponte to/for: Entered on Docket | Order Sua Sponte Scheduling Hearing Entered on Docket–signed by Judge Mott in chambers, docketed, efiled, and eserved on 11/15/12. Copies mailed. MS/LC |
| 11/15/2012 | Event Scheduled | Event Scheduled Event: Preliminary Injunction Hearing Date: 11/29/2012 Time: 11:00 am Judge: MOTT, JOHN M Location: Courtroom 221 |
| 11/15/2012 | Notice of Hearing Mailed Next Business Day | Notice of Hearing Mailed Next Business Day
Notice Of Hearing |
| 11/14/2012 | Service Issued | Issue Date: 11/14/2012 Service: Summons Issued Method: Service Issued Cost Per: $ ALEXANDER, YVETTE DINAN, DONALD R. LIGHTFOOT, WILLIAM |
| 11/13/2012 | Motion for Preliminary Injunction Filed | Motion for Preliminary Injunction and Affidaviot in Support Thereof Filed Attorney: PRO SE (999999) MOTGOMERY BLAIR SIBLEY (PLAINTIFF); Receipt: 239160 Date: 11/13/2012 |
| 11/13/2012 | Event Scheduled | Event Scheduled Event: Initial Scheduling Conference-60 Date: 02/15/2013 Time: 10:00 am Judge: MOTT, JOHN M Location: Courtroom 221 |
| 11/13/2012 | Complaint for Declaratory Judgment Filed | Complaint for Declaratory Judgment Filed Attorney: PRO SE (999999) MOTGOMERY BLAIR SIBLEY (PLAINTIFF); Receipt: 239160 Date: 11/13/2012 |
When I first glanced at this articles headline I thought i saw the word silly in it.
Stupid Sibley issues silly subpoena
OK, so… he wants the Oxy U records to prove BHO Senior wasn’t a US citizen… a fact younger Obama wrote about in his books well before the first election? A fact the President has never denied?
Oh, that’s right: Birthers. I almost forgot.
Don’t you remember? Part of this giant ball of crazy is the belief that Obama applied for scholarships as a foreigner. Cuz’, you know, Indonesia. And Pakistan didn’t allow Americans. And he’s black. Blah blah woof woof.
Did we mention that Obama is black?
Same old same old. Which pretty much sums up the birthers at this point.
does anyone have a court date for Taitz v MS Democratic Executive Committee,
the Nov 26 & Nov 30 schedules did not occur so when will this not drag on and just die?
The truly hilarious thing is that the “foreign student” meme is the result of a hoax AP story that was circulated over three years ago as an April Fools’ Day prank.
Three years later, the birthers still believe it, and are demanding that the president of the United States disprove an internet joke.
This is all starting to become dreadfully boring, but I guess Birthers are all out of new tricks.
Didn’t Taitz just make a play for the Occidental records and get shot down? Of course, whe was using one of her ‘special’ subpoenas. Is Sibley any more effective in paperwork?
Regardless, his effort will meet the same fate.
Unfortunately for us, nuts are very motivated (by nut passion) to “be involved” …. a birfer elector. Oy.
There is no pending hearing in this case. I believe the judge will rule on the dispositive motions based on the papers and the previous hearing. There will probably be a hearing on the inevitable sanctions motion the defendants will file, but that is at least several months down the road. As for the issue of Orly’s unlicensed practice of law and the birfer internecine squabble, who knows how the judge will handle those.
Well, duh, Doc confirms such right in the article.
Any report on when the next date in the case is? The electors vote in mid-December. Time’s a’wastin’!
Oh, right, Sibley is the guy that ran for President just to establish an “injury” …. that of losing the election to a perfectly eligible candidate. What a nut.
Are thee any records related to Obama that Taitz hasn’t made a play for?
I gotta wonder why his name keeps showing up in reference to Orly.
Is this what she looks like without the ugly wig and eye-liner? If so, I must say that this is a far more attractive look for her. Far more feminine looking.
If I come home to find strange fingerprints on my LP collection, you win. 😉
While other birthers have mentioned not having it, Taitz has not asked for Obama’s baptismal records.
I was afraid of that.
I stumbled across this site, but I wonder why Obama would go to so much trouble to keep his academic records secret? Sounds like he has something to hide to me.
Must.
Not.
Feed.
Troll.
getting hard these days to tell birfers from eliza apps.
JJ, I will extend the principle of charity here, and assume that was a genuine question. It is not Obama’s decision on whether his college records are released. The records are the property of the colleges that he attended, thus the decision is theirs, and there are legal restrictions on what may be released that they cannot ignore. The “Obama can release everything so why doesn’t he” meme is one that flat out ignores legal realities all over the place.
Obama hasn’t gone to any “trouble” to keep his academic records secret. He doesn’t have to, because his academic records are privileged pursuant to law – just as your academic records (and those of everyone else) are privileged.
Occidental, on the other hand, has gone to some trouble to fight the subpoenas which improperly call for the production of private records.
There has been a significant update to this article.
Do you have a copy of your college application? I don’t. Does Occidental College have a copy of President Obama’s college application? If they followed their own policy, it was shredded decades ago.
So it appears that even if the President had something to hide, there is nothing to hide.
He doesn’t want to brag.
It’s true. Obama is a space alien.
Obama wrote about being a foreigner? Let’s hear a quote.
” so much trouble?”
What trouble does it take to do nothing?
Umm… no. He wrote that his father (with the same name) was a foreign national.
At what point will these people understand that you can just go around randomly requesting information. Birtherdom does not count.
Assuming you meant ‘can not’ … oh, you can request all you want, you just have no right to expect w/o just cause! … and a cause that exists outside of your own headspace at that.
I wonder if I can seek a preliminary injunction to have the court say that Sibley has to wear something under his kilt. I don’t know if he presently does or does not, and if he doesn’t, I don’t want to know. I just want the peace of mind of knowing that he is required to.
Cool. A natural born space alien. This truly is a historic presidency.
Even if his school records *were* still available, there are privacy laws regarding school and medical records.
Yes, Obama could release them, but it’s highly doubtful they’re still available.
Anyway, I hope Sibley takes Occidental to court just like Orly did.
That worked out soooo well.
He should not give those bottom feeders one more morsel.
I wonder why Obama didn’t take Donald Trump up his generous offer of $5 million to the chariity of his choice if he released his academic records?
Trump is a weasel. He made a lot of money from his casino in Atlantic City, which was devastated by Sandy. Decent human beings give without stunts and posturing. Trump is scum.
Among other reasons, I think somebody here or on Fogbow mentioned that if Obama accepted that offer, that would have been illegal, kind of like accepting a bribe.
JJ I wonder why Obama didn’t take Donald Trump up his generous offer of $5 million to the chariity of his choice if he released his academic records?
do you know the EXACT wording of his offer?
“I have a deal for the president,” Trump said. “If Barack Obama opens up and gives his college records and applications, and passport application and records, I will give to a charity of his choice, a check immediately for $5 million.”
college applications AND records
passport applications AND records
who has those? and he added to his (trump’s) satisfaction – so we would begin anew “they are forged”, “the paper is wrong”, “he paid the school to lie”, blah blah
everything trump has asserted has been debunked – trump said that obama should release his hospital records when the spokesperson for trump’s own hospital said they destroy those records when the person turns 21
if you are REALLY new here, travel around doc’s blog – few offer more credible evidence debunking the birther assertions
The more noise your ilk make, the better it is for Democrats in ’16 – that’s why.
Because Trump would have reneged on the offer, just as Joseph Farah reneged on his offer to make a contribution of $15,000 to Kapi’olani Medical Center if someone produced proof that Obama was born there. The proof was provided and verified by the State of Hawaii, yet Farah has yet to cough up a dime.
misha: The more noise your ilk make, the better it is for Democrats…..
remember, the donald’s kids held an intervention with dear ole dad – after all, it is their futures he is jeopardizing with his nonsense
Just wondering, if Kapi’olani Medical Center wanted Farah to pay up, would they have any case in court?
I’ve heard that in these cases, courts have ruled that the person making the offer is the final arbiter of whether or not the conditions have been met, so would Farah claiming that in his opinion, the birth certificate was a forgery be an adequate defense?
Re: “I wonder why Obama didn’t take Donald Trump up his generous offer of $5 million to the chariity of his choice if he released his academic records?”
In addition to the several excellent reasons already given, a good one is that it is simply not good precedent for the President of the United States to do something for a rich person’s money, even when the person claims that he will give the money to charity.
Also, it was an unfair offer. If Obama had accepted it he would be tacitly supporting an offer that was clearly unfair to Romney. After all, Romney surely deserved the chance to win $5 million for charity if he showed his academic records, etc. But that offer was not made to Romney, the poor jerk. Why didn’t he get a chance to show his academic records and passport records for money? Could it be because he was white?
Sorry about the problem with the Docket tables. They are fixed now. Note than when searching for this case on the DC Courts web site, Montgomery is spelled “MOTGOMERY.”
I wonder why you ask stupid questions, when you already know that President Obama is a citizen, etc.
I wonder what high school you went to, if any.
I wonder what’s in your water.
JJ, just to give you the benefit of the doubt and assume your inquiry about the president’s going to “so much trouble” to keep his academic records secret, I’ll fill you in
— It was no trouble at all. He didn’t have to lift a finger, because his academic records, like everyone else’s in this country, are confidential by law.
— No other president in U.S. history has released his academic records, so why this one only out of 43?
(Yes I know Bush 2’s Yale transcript was made public, but not by his doing. It was outed by the New Yorker magazine in November 1999, without then-Texas Gov. Bush’s permission and, according to a Time magazine article the next year, something to his chagrin. Mr. Bush’s experience imposes no obligation on Mr. Obama’s part to voluntarily release his own To say it does is kinda like saying that since my neighbor’s house was robbed, I must throw open my windows and doors and leave them that way while taking take a weekend trip.)
Probably not, since the hospital was not a party to the offer, only a potential beneficiary of the offer. If the hospital had provided the proof (which it could not legally do, even if the hospital records still exist), that could have made a difference. But I am not a lawyer, so one who is versed in contract law might want to chime in.
Very nice analysis of why Sibley will fail. Poor Orly will go nuts…
As to President Obama ignoring Trump… Yeah!!!
Because he watched too many cop shows as a boy, which taught him not to give money to hostage takers.
ORYR published a new blog with a response from Sibley. He also mentions Taitz! http://obamareleaseyourrecords.blogspot.com/2012/12/update-on-occidental-college-subpoena.html
Because it would have amounted to yielding to blackmail. It would’ve invited all kinds of rich people demanding outrageous stuff from politicians by tying it to a “generous donation offer” for propaganda purposes.
Let’s start with “I will donate $50 million to charity if Sarah Palin shaves her head and goes on national TV stating ‘I am a cow and like to go ‘moo’!”. I mean, it’s not asking that much and it would benefit the poor children sooooo much, right?
Next we’d have “I will donate $50 million to charity if [GOP candidate] publishes all his diaries from his childhood”.
Doc C wrote… “Sibley is an attorney (as I understand suspended from practice)”
Try Disbarred…
http://www.scribd.com/collections/3467495/Montgomery-Blair-Sibley
No, he isn’t. According to Yulia/Julia, he is a golem created by Hitler doctors to destroy America and get revenge for two wars. The learned the art from Haitian zombifiers.
Actually, for the most succinct, elegant, clearest and truthiest answer to that question, look up Strphen Colbert’s response on his show. Watch that segment and you will wonder no more.
latest word from birtherstan
UPDATE: Mr. Sibley’s response is that the subpoena is not valid and Taitz jumped the gun.
See his full response here; http://obamareleaseyourrecords.blogspot.com/2012/12/update-on-occidental-college-subpoena.html
“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
So a blind man is telling a blind woman she used the wrong shade of grurple (that unique mix of green and purple that can only be seen in Birtherstan)? Colour (ha-ha!) me not surprised.
I wonder who is dumb enough to think Trump would have lived up to his end of the deal??
This article has been updated.
No, you don’t say! LOL
Perhaps he heard about the fate of Orly’s ‘subpoena’ and is furiously smacking the ‘RETRACT’ button back at HQ. Hope he has all his servers on speed dial 😛
JJ- if it was such a ‘generous offer’- why didn’t Trump go ahead and give the $5 million to a charity of Trump’s choice- such as helping victims of Sandy?
Think about it.
And in Sibley v. Obama the defense attorneys have alerted the court that Sibley failed to disclose the existence of a related case, which he of course lost and is now on appeal. So it appears that his ethics have not improved since he was disbarred.
http://www.scribd.com/doc/115520786/Sibley-01832-ECF-9-Obama-Notice-of-Related-Case?in_collection=4026949
I can’t even look at The Donald without feeling ill, and as far as I’m concerned he’s exempt from the “if you don’t have anything nice to say…” rule. I took my latest shot in an entry to FOTM’s “Caption Contest.” This is a conservative echo chamber, but every now and then I like to post my 2 cents… well, TRY to post, I should say (hey, everyone needs a hobby, right?). Most never make it through moderation, so I’m positively giddy that my entry to this competition got posted – I guess even Tea Party folks aren’t too fond of Trump these days!!
I’m obviously biased, but I think my entry is at least as good as the others there (not that they’d ever let me win one of these things). Here’s a link if you want to try your luck! :o)
http://fellowshipofminds.wordpress.com/2012/12/04/are-you-ready-to-play-in-our-new-caption-contest/#comments
You know, I never really realized the Birther formula until you said this.
If a document from Obama is not publicly available, he is hiding something and should release it immediately.
If a document from Obama is publicly available, it’s a forgery.
It’s sort of like that old doublespeak game where you offer to settle a dispute by flipping a coin on the condition of “Heads, I win. Tails, you lose.”
What I’m reading in those “disbarment” orders say “3 years suspension”. Granted, I didn’t read all of them.
I read that quickly as “Fool of the Month” caption contest.
Still works.
If I remember right, I believe president Obama made a counter offer through Stephan Colbert of the “Colbert Report”. Trump better take Stephan’s offer.
Here is Stephan’s offer: http://www.youtube.com/watch?v=MtlAdDFVeUM
I realized birthers are playing nothing but Catch-22 4 years ago. This view was reinforced when birthers actually criticized Obama for (!) releasing the LFBC – not because it was a “forgery” but along the lines of “why did he show it if allegedly the COLB was the real thing?”.
You’re being too kind. FOTM is a conspiracist hell hole – when they peddled their birtherisms and I dared to mention that Eisenhower’s BC was created (!) decades after his birth, they called me names and banned me.
MM and Thomas, I think you both nailed it. I stand corrected.
He hasn’t been reinstated in Florida, and he isn’t eligible for reinstatement in D.C. unless and until he is reinstated in Florida. Sibley, like Klayman, is a deadbeat dad.
http://www.scribd.com/doc/80186346/In-re-Montgomery-Blair-SIBLEY-DC-Cir-08-7121-1-May-2009-Disbarment
Why is that? Have you felt this way before?
Tell me more….
😉
Sibley keeps small rodents in his underwear.
That he has not dropped his pants to quell this question proves he has something to hide.
Yes, exactly.
He also uses mice to power his car.
“I’ll drive over as soon as I feed the mice.”
OK, I apologize for not letting this topic die, but when I did my usual morning skim of my favorite conspiracist hell hole, I almost did the classic spit-take with my coffee; today’s missive has the incredible title “why is the Obama regime obsessed with zombies?”
This article and especially the comments that follow it are laugh-out-loud entertainment. Is it possible these folks have hit a new low in paranoia?
http://fellowshipofminds.wordpress.com/