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Vogt’s gambit tried and failed before

Douglas Vogt filed a petition in federal court in Seattle in attempt to notify the judge of a crime and to compel him to refer the matter to a grand jury. The case was dismissed for lack of jurisdiction. Vogt complains that the case was mislabeled as a lawsuit, when it was a miscellaneous notification. The case is currently on appeal.

In digging back through old records on this site, I came across a similar case in the District of Columbia, Patriot’s Heart Network v. Soetoro from 2009, also presenting evidence and demanding referral to a grand jury. The complaint is some 185 pages in length, a veritable kitchen sink of birther theories. In a response, plaintiff Penny C. Kelso wrote:

… This petition is not a lawsuit between two adversaries where the petitioners are required to prove that certain, direct damage, injury or legal harm happened to them…

Pacer #09-442 is merely an attempt to inform (a petition, as you will) a public office holder, a judge, the Honorable Royce C. Lambreth (sic), specifically, about a probable cause of criminal activity by certain named defendants.

In dismissing this “Civil Miscellaneous Case,” Judge Lamberth wrote:

It follows, and the Supreme Court has repeatedly held, that an individual has no judicially cognizable interest in the criminal prosecution or non-prosecution of another person. See, e.g., Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973); see also Powell v. Katzenbach, 359 F.2d 234, 234-35 (D.C. Cir. 1965) (per curiam) ("[T]he question of whether and when prosecution to be instituted is within the discretion of the Attorney General."). Furthermore, this principle has been applied to hold that a party lacks standing to compel the impaneling of a grand jury. Brown v. U. S. Attorney’s Office, 53 Fed. App’x. 118, 118 (D.C. Cir. 2002). Since this is the precisely the relief that petitioners seek, they do not have standing. Accordingly, their petition is dismissed for lack of jurisdiction.

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16 Responses to Vogt’s gambit tried and failed before

  1. avatar
    Curious George December 9, 2013 at 12:14 pm #

    “…they do not have standing.”

    How many times do they need to be told this?

  2. avatar
    gorefan December 9, 2013 at 1:25 pm #

    Vogt will be Mike Volin’s guest today at 5:00 eastern time.

    http://www.blogtalkradio.com/wheresobamasbirthcertificate/2013/12/10/document-expert-doug-vogt-identity-of-forger-given-to-sheriff-arpaio

    Good time to ask him if Miki Booth is Jane Doe #1.

  3. avatar
    Benji Franklin December 9, 2013 at 2:32 pm #

    Curious George: “…they do not have standing.”

    How many times do they need to be told this?

    To Birthers, the entire English Language, (and at least Vattel’s French), exists only to be torturously parsed and uttered only in ways that hurt, criticize, disqualify, or criminalize Obama.

    This includes the technical legal terms used by the legal profession. Thus no matter how many times Birthers pretend to be appealing to the rule of Law with their lawsuits, when they are told endlessly that they have no LEGAL “standing”, they declare that such a statement is obviously untrue by invoking a common vague meaning of “standing”, meaning a kind of respect informally due someone or some group who’s otherwise good citizenship entitles their grievance to at least be heard on an issue of personal or general interest! They completely dismiss the hearing the court provided in reading their complaint, because their complaint did not prevail, demonstrating that they don’t honor the rule of law at all unless they agree with its outcome. That is a definition of anarchy, hiding behind a equivocative statement like, “If the honest citizens of this country don’t have “standing” where a Presidential election is concerned, then who does?”

    This also notably happened when the Lakin Court Marshall judge Lind wrote in her decision against Lakin: “… The Court further concludes it is impossible for this Article 1 Court to undertake independent resolution of whether President Obama is a natural born citizen or is qualified under the Constitution to hold office without expressing lack of respect due coordinate branches of government…The potential for embarrassment from mulitfarious pronouncements by various departments on one question are uniquely powerful to ensure that courts-martial do not become the vehicle for adjudicating the legality of political decisions…”

    Legally, the term “embarrass”… is used by legal entities to acknowledge respect for the separation of power between co-equal jurisdictions.

    Accordingly it means, that the judicial branch feels that it has no authority to delve into another legal co-equal entity’s business, specifically in this case political questions on the Presidents legitimacy which are reserved exclusively to Congress.”

    But Birthers equivocated again, seizing on the more common meaning of “embarrass” to suggest endlessly and derisively in the blogosphere and Joe Farah’s bathroom, that Lind was trying to shield the President from personal embarrassment .

  4. avatar
    Dave B. December 9, 2013 at 5:03 pm #

    Some of them are pretty brutal with the Latin, too. One of them, anyway.

    Benji Franklin: To Birthers, the entire English Language, (and at least Vattel’s French), exists only to be torturously parsed and uttered only in ways that hurt, criticize, disqualify, or criminalize Obama.

  5. avatar
    Dr Kenneth Noisewater December 9, 2013 at 11:11 pm #

    gorefan:
    Vogt will be Mike Volin’s guest today at 5:00 eastern time.

    http://www.blogtalkradio.com/wheresobamasbirthcertificate/2013/12/10/document-expert-doug-vogt-identity-of-forger-given-to-sheriff-arpaio

    Good time to ask him if Miki Booth is Jane Doe #1.

    He gave away more hints on the show tonight saying that the person is married, about the same age as Obama their BC is out there and they also went to school with Obama. This opens up a new possibility of the Nordyke’s. He also mentioned something about an H in their name.

  6. avatar
    nbc December 10, 2013 at 12:37 am #

    Gretchen Nordyke?…
    [redacted]
    Edith?

    But he also mentioned similar ‘forgeries’ on her own BC, which would point to [redacted], who sent a LFBC of her child to Miki Booth which showed the TXE

    Vogt also believes that birth certificates are held as collateral against our national debt.

    Oh my… what foolishness this time…

  7. avatar
    gorefan December 10, 2013 at 3:43 am #

    Dr Kenneth Noisewater: He gave away more hints on the show tonight saying that the person is married, about the same age as Obama their BC is out there and they also went to school with Obama.This opens up a new possibility of the Nordyke’s.He also mentioned something about an H in their name.

    When you consider the way his mind works it could just about be anyone born in Hawaii between 1959 and 1965.

  8. avatar
    Dr Kenneth Noisewater December 10, 2013 at 8:47 am #

    gorefan: When you consider the way his mind works it could just about be anyone born in Hawaii between 1959 and 1965.

    But no it was of the birth certificates currently out there that birthers have seen which aren’t many.

  9. avatar
    The Magic M December 10, 2013 at 11:35 am #

    nbc: Vogt also believes that birth certificates are held as collateral against our national debt.

    Isn’t that sovereign citizen lore?

    gorefan: Vogt will be Mike Volin’s guest today at 5:00 eastern time.

    Where’s Zullo? Where’s Gallups? Shattered by their “new evidence”? And if Volin drops out, who will make the next bold announcements?

  10. avatar
    Dr Kenneth Noisewater December 10, 2013 at 11:50 am #

    The Magic M: Isn’t that sovereign citizen lore? Where’s Zullo? Where’s Gallups? Shattered by their “new evidence”? And if Volin drops out, who will make the next bold announcements?

    Mark Gillar after an 8 month long disappearance he is back recycling old stuff in fact he’s having orly on his next show. His previous show was 3 weeks ago with Vogt. It was around a half hour. I suppose every few months they will disappear and come back with the same old.

  11. avatar
    RanTalbott December 10, 2013 at 2:59 pm #

    Dr Kenneth Noisewater: He gave away more hints on the show tonight

    So, since he says that revealing her identity will result in the destruction of evidence and/or murder, are we now all guilty of misprision of felony for not reporting his efforts to instigate obstruction of justice to a “United States Judge”?

    If she gets killed, can we convene a Citizens Grand Jewry and convict him of treason for aiding in the cover-up?

  12. avatar
    gorefan December 11, 2013 at 1:08 am #

    Dr Kenneth Noisewater: He gave away more hints on the show tonight

    This was an interesting statement about the certificate numbers:

    ““Obots produced a bunch of bogus stories, from everything that the birth certificates were sorted first and numbered at the end of the month. Which is totally absurd and preposterous.”

    The discussion of the Nordyke BCs starts @15:00

    http://www.blogtalkradio.com/wheresobamasbirthcertificate/2013/12/10/document-expert-doug-vogt-identity-of-forger-given-to-sheriff-arpaio

    I guess he considers Zullo to be an Obot. He is making a lot of friends in the birther community. Except they seem to stupid to realize he’s trashing them.

  13. avatar
    JPotter December 11, 2013 at 1:16 am #

    RanTalbott: If she gets killed, can we convene a Citizens Grand Jewry and convict him of treason for aiding in the cover-up?

    By his own logic, it does sound like he’s giving shelter to a traitor … get a rope!

  14. avatar
    Dr. Conspiracy December 11, 2013 at 2:34 am #

    And as proof, he throws out all the contradictory evidence provided by known certificates. Classy logic.

    By sorting them alphabetically at the end of the month, they have monthly volume(s) (and keep in mind that that’s over 1,000 certificates in a month) that can be quickly searched and retrieved equally well by both number and surname. Clever folks, these Hawaiians. Doug Vogt? He’s absurd and preposterous.

    gorefan: ““Obots produced a bunch of bogus stories, from everything that the birth certificates were sorted first and numbered at the end of the month. Which is totally absurd and preposterous.”

  15. avatar
    Dr. Conspiracy December 11, 2013 at 2:38 am #

    If Vogt’s fantasies, his giving hints almost borders on misprision. It’s like you see a crime and then you see where the criminal hid and when the police sneak up on the hiding place, you give the criminal a heads up the cops are comin–just a hint.

    JPotter: By his own logic, it does sound like he’s giving shelter to a traitor … get a rope!

  16. avatar
    nbc December 11, 2013 at 2:45 pm #

    Dr. Conspiracy: And as proof, he throws out all the contradictory evidence provided by known certificates. Classy logic.

    The ultimate confirmation bias is when contradicting evidence has to be eliminated haphazardly and may I say recklessly.

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