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High-class judge shopping

Funny how quickly yesterday’s big story fades. I gave quite a lot of attention to an action Douglas Vogt filed in Seattle federal court, trying to force a judge to empanel a grand jury and let Vogt present his unqualified image analysis to it. It was pretty exciting with it’s sealed affidavit and bread crumbs left all over Internet radio leading to his mystery Jane Doe forger of Obama’s birth certificate. In the end, it didn’t work. The judge dismissed whatever it was.

Vogt and his “not an attorney anymore” associate Montgomery Blair Sibley (Sibley left his name in document metadata)  appealed to the Ninth Circuit Court of Appeals for a Writ of Mandamus to force the court in Seattle to give him his grand jury. That was denied January 14, and the case closed. (Vogt filed a motion to reconsider in January 24).

Undaunted Vogt started mailing his big package-o-papers to 175 federal judges asking them for a grand jury. That’s some judge shopping list. Vogt tried to drum up excitement by publishing the heavily-redacted reply from one judge that he took to be favorable, but nothing must have come of it because…

Having failed with everything so far, Vogt is taking the ultimate step of going before the US Supreme Court (although his motion for reconsideration is still pending before the 9th Circuit), says Vogt in a letter to the Post & Email blog. In the copyrighted letter, dated today, Vogt asks for money, $800, to defray the cost of printing 40 copies and the filing fee. Is it just me, or is it weird that a successful businessman who owns a photocopier company is asking for money to make copies? OK, I expect there are special printing requirements and maybe it makes sense to let a professional in Supreme Court filings do the work, but $800 is not all that much money for big-time executives.

The Vogt Press Release says: “Douglas Vogt will be lodging with the United States Supreme Court this month the compelling forensic evidence contained in his 95 page public and 75 page sealed affidavits.” I don’t think Supreme Court Rules are going to let him submit 170 pages—not even close, but then I wonder if the Supreme Court ever got a petition like this one before.

In his begging letter Vogt mentions, but does not explain, some urgency in getting this to the Supreme Court now because 9th Circuit delays were making were going to make it too late to file with the Supreme Court. This presumably refers to his motion for reconsideration, so far still pending. There is a limited time (90 days) after denial by the circuit during which an appeal to the Supreme Court may be filed.

This all seems silly to me unless it’s a publicity stunt for Vogt’s upcoming book, “From Forgery to Treason.” Folks who donate $25 towards his expenses will get an autographed copy of the Supreme Court filing, but alas no book. Vogt has clearly gone around the bend describing the 9th Circuit as afraid of his case.

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31 Responses to High-class judge shopping

  1. avatar
    Commander Publius March 15, 2014 at 11:37 pm #

    In the copyrighted letter, dated today, Vogt asks for money, $800, to defray the cost of printing 40 copies and the filing fee. Is it just me, or is it weird that a successful businessman who owns a photocopier company is asking for money to make copies?

    Send money!

  2. avatar
    JPotter March 16, 2014 at 12:43 am #

    Calling Vogt a big-time exec seems a stretch—sarcasm?

    Probably short on cash after his 175-judge mailing campaign (that reminded me of Christ’s admonition to forgive 70 • 7 times; I think even Christ would tell Vogt, “Dude! Enough already!”).

    Paper costs money, even for the copier king. And even flat rate mail starts to add up ;) Any way of knowing how many judges he has spammed thus far?

    As for SCOTUS never seeing such a petition before …. I’m sure they get all kinds of crazy. If I ever go to DC again, I’m going to look around for dumpsters behind SCOTUS. A giant round file. Hopefully they’re recycling.

    What is the deal with these nuts copyright everything? General paranoia? Interesting that the ones publishes ebooks are the copyrightin’ types. Want to save their silly for their book, don’t wanna share. As if their crazy had market value worth protecting.

  3. avatar
    RanTalbott March 16, 2014 at 1:34 am #

    JPotter: Probably short on cash after his 175-judge mailing campaign

    That can’t have been cheap.

    Based on Office Depot’s online price of $46 per case, it’s about $1.60 per judge for paper. Plus $5.95 for priority mail postage (the pile weighs just under 2 pounds).

    I dunno what a reasonable estimate for the cost of copying would be. But if we assume that the 30,000 pages earned him a bulk discount to 2 cents per page, and that he used the free Priority Mail boxes, the total (including a box of address labels) would come in at just about $2000.

    But, hey, it’s a small price to pay for saving your country from Marxist Tyranny, Third World status, and Inevitable Socialist Doom™, right?

  4. avatar
    Commander Publius March 16, 2014 at 1:40 am #

    I felt a great disturbance in the Forest, as if millions of trees suddenly cried out in terror and were suddenly silenced.

    I fear something terrible has happened.

  5. avatar
    gorefan March 16, 2014 at 1:43 am #

    A three judge panel of the 9th Circuit has already denied this once. Did he file for an en banc rehearing?

    http://ia801003.us.archive.org/22/items/gov.uscourts.ca9.13-74137/gov.uscourts.ca9.13-74137.5.0.pdf

  6. avatar
    Notorial Dissent March 16, 2014 at 2:01 am #

    He supposedly filed for a rehearing, but they’ve already told him nothing more will be accepted, so that probably counts as a big fat NO!!!

    If that final slam from the 9th is counted as a final order, his 90 days to file for cert ends the middle of April, so he’d best get on it, as it doesn’t look like the 9th is going to relent and let him try one more time to baffle them with his BS.

    I do think he’d best make sure of the SCt filing requirements before he goes to all that trouble, since they do get sticky about page count and fonts and things like that. Dougy doesn’t seem to grasp the subtlety of rules, and he may end up in trouble this time around.

  7. avatar
    BillTheCat March 16, 2014 at 2:31 am #

    Poor Doug.

    I’m still curious what he has in his sooper-dooper secret daffydavits, I’m betting it’s a hoot :)

  8. avatar
    Any Day Now March 16, 2014 at 3:39 am #

    You’re not going to believe this but in the olden days there were a bunch of court cases challenging slavery but all the judges said slavery was A-OK!

    Even the Supreme Court!

    So you can argue all you want but in the end we all know the judges’ ruling is what matters for the Truth and for the wholesome goodness of everything that really matters for what is actually going on.

    Ob V.

  9. avatar
    Thinker March 16, 2014 at 3:51 am #

    I see Montgomery Blair Sibley’s name is on that press release along with Vogt’s. He’s got a lot of experience with SCOTUS. He’s filed around 45 cases, most of them related to his fight with his ex-wife and his fight against being disbarred.

  10. avatar
    Lupin March 16, 2014 at 4:45 am #

    Vogt is a lunatic, but he is also a crook.

  11. avatar
    Rickey March 16, 2014 at 5:04 am #

    Any Day Now:
    You’re not going to believe this but in the olden days there were a bunch of court cases challenging slavery but all the judges said slavery was A-OK!

    Even the Supreme Court!

    You’re not going to believe this, but slavery was in fact constitutional until the 13th Amendment was ratified in 1865. If slavery had been unconstitutional, the 13th Amendment would not have been necessary.

  12. avatar
    Notorial Dissent March 16, 2014 at 5:05 am #

    Thinker, of course Monty’s name is on the thing, he is the one who wrote it after all, and is enabling, or at least pushing dumb Dougy to commit further legal stupidity. My personal opinion, being that this is more of Monty’s drivel, that the court will simply decline without comment and it will show up on a reject list sometime shortly after it is filed, always providing it is accepted for filing in the first place. If it has violated the filing requirements, as it sounds like it has, they may not even accept it, which will be a nice added expense for Dougy.

  13. avatar
    OllieOxenFree March 16, 2014 at 7:33 am #

    Any Day Now: So you can argue all you want but in the end we all know the judges’ ruling is what matters for the Truth and for the wholesome goodness of everything that really matters for what is actually going on.

    ……huh?

  14. avatar
    HistorianDude March 16, 2014 at 8:15 am #

    This article inspired me to go check. “20 Shades of Vogt” (my critique of his affidavit) is over 2800 reads. Not bad.

    http://www.scribd.com/doc/194384601/20-Shades-of-Vogt

  15. avatar
    Dr. Conspiracy March 16, 2014 at 8:38 am #

    We know part of it. He looked at letters on the certificate that he calls intentionally “damaged” like the “H” in THE that looks like TXE. He scrambles those together to come up with a name that he claims is the forger of Obama’s birth certificate. I think he does some conspiracist pixel stuff on one or more additional certificates to argue that they are also fakes and practice runs for the President’s certificate, and implicating the holders of those certificates in the plot.

    I don’t know if there is anything beyond that.

    BillTheCat: I’m still curious what he has in his sooper-dooper secret daffydavits, I’m betting it’s a hoot

  16. avatar
    Dr. Conspiracy March 16, 2014 at 8:45 am #

    Thanks. The article has been updated.

    Vogt did file for “reconsideration” (which the court construed as a motion for a rehearing) on 1/24 and it is still on the docket.

    Notorial Dissent: If that final slam from the 9th is counted as a final order, his 90 days to file for cert ends the middle of April, so he’d best get on it, as it doesn’t look like the 9th is going to relent and let him try one more time to baffle them with his BS

  17. avatar
    Bob March 16, 2014 at 8:50 am #

    Clue: “Ukele”

    Password: “Forger!”

  18. avatar
    Dr. Conspiracy March 16, 2014 at 8:55 am #

    He filed a motion for “reconsideration” but the docket entry didn’t say “en banc.” The bar for that is pretty high.

    gorefan: A three judge panel of the 9th Circuit has already denied this once. Did he file for an en banc rehearing?

  19. avatar
    Dr. Conspiracy March 16, 2014 at 8:56 am #

    Did you have a particular crime in mind?

    Lupin: Vogt is a lunatic, but he is also a crook.

  20. avatar
    Upgradedd March 16, 2014 at 9:10 am #

    Press Release: “Barack Hussein Obama, II, has foisted a forged Certificate of
    Live Birth upon the Citizens of the United States”

    If any “foisting” took place it seems to me the culprit would be the state of Hawaii.

  21. avatar
    RanTalbott March 16, 2014 at 9:19 am #

    Any Day Now: You’re not going to believe this but in the olden days there were a bunch of court cases challenging slavery but all the judges said slavery was A-OK!

    Y’know, I don’t: I’d be astonished if there weren’t at least several who expressed their distaste for slavery, even as they were bound to follow the law and uphold it.

    And I’d be mildly suprised if a complete survey of cases didn’t turn up a couple of judges who felt morally compelled to make rulings that got slapped down on appeal.

    So,, yes, there were, undoubtedly, some judges who said “slavery was A-OK!”, but the inability to understand the difference between “reluctant acceptance under the law” and “heartfelt endorsement” is one of the many flaws that plaugue birthers.

    “So you can argue all you want but in the end we all know the judges’ ruling is what matters for the Truth and for the wholesome goodness of everything that really matters for what is actually going on.”

    Bad news: you’re going to have to skip Arpaio’s next press conference, because he would be legally bound to arrest you for the attempted murder of the English system of grammar.

  22. avatar
    Majority Will March 16, 2014 at 10:38 am #

    Upgradedd:
    Press Release: “Barack Hussein Obama, II, has foisted a forged Certificate of
    Live Birth upon the Citizens of the United States”

    If any “foisting” took place it seems to me the culprit would be the state of Hawaii.

    It has been explained many times to birthers that the state of Hawaii is the issuing authority.

    It’s an inconvenient truth for an angry, delusional bigot.

  23. avatar
    bgansel9 March 16, 2014 at 10:54 am #

    Dr. Conspiracy: Vogt did file for “reconsideration” (which the court construed as a motion for a rehearing) on 1/24 and it is still on the docket.

    If it’s still on the docket, then he is filing out of turn for his SCOTUS suit, is he not?

  24. avatar
    Rickey March 16, 2014 at 2:04 pm #

    Upgradedd:
    Press Release: “Barack Hussein Obama, II, has foisted a forged Certificate of
    Live Birth upon the Citizens of the United States”

    If any “foisting” took place it seems to me the culprit would be the state of Hawaii.

    If it was certified by the State of Hawaii (and it was), it can’t be a forgery. Can the U.S. Treasury issued a forged dollar bill?

  25. avatar
    Majority Will March 16, 2014 at 2:13 pm #

    Rickey: If it was certified by the State of Hawaii (and it was), it can’t be a forgery. Can the U.S. Treasury issued a forged dollar bill?

    I think Upgradedd’s comment was meant to be sarcasm.

  26. avatar
    RanTalbott March 16, 2014 at 6:20 pm #

    Rickey: If it was certified by the State of Hawaii (and it was), it can’t be a forgery

    Sure it can.

    a. There could be a different original in the files (the odds of no original are astronomical, given the contemporaneous confimation of the newspaper announcments and the index, but there could be different details), and they’re covering up the fact that Obama Senior was actually an alien from Tau Ceti IV who knocked up Dunham while he was on vacation from Area 51.

    b. The original could have been fabricated at the time by the vast Illuminati/escaped Nazi/space alien/whatever conspiracy as part of their multi-generational plan to take us over from within, instead of simply being a normal record created by normal people who actually witnessed a normal birth.

    There’s not a realistic possibility, but we’re dealing with people who buy war-surplus weather balloons to suspend their disbelief.

  27. avatar
    Suranis March 16, 2014 at 9:41 pm #

    Well, if I remember correctly, on Birther radio shows he could not help letting fall titbits of information to prove how clever he is. Like the fact that she is a woman, around the same age as Obama, and married. That’s one of the reasons that people immediately guessed who he was talking about.

    Dr. Conspiracy:
    We know part of it. He looked at letters on the certificate that he calls intentionally “damaged” like the “H” in THE that looks like TXE. He scrambles those together to come up with a name that he claims is the forger of Obama’s birth certificate. I think he does some conspiracist pixel stuff on one or more additional certificates to argue that they are also fakes and practice runs for the President’s certificate, and implicating the holders of those certificates in the plot.

    I don’t know if there is anything beyond that.

  28. avatar
    bob March 17, 2014 at 12:42 am #

    bgansel9: If it’s still on the docket, then he is filing out of turn for his SCOTUS suit, is he not?

    The 9th specifically said that it would accept no further filings. So it’ll likely never rule on his motion. If Vogt really wants SCOTUS review, he ought to file before his 90 days runs out.

  29. avatar
    bgansel9 March 17, 2014 at 1:44 am #

    bob: The 9th specifically said that it would accept no further filings. So it’ll likely never rule on his motion. If Vogt really wants SCOTUS review, he ought to file before his 90 days runs out.

    IANAL and I fully admit it. If something is on the docket, does that not mean there is something pending?

  30. avatar
    bob March 17, 2014 at 11:16 am #

    bgansel9: IANAL and I fully admit it. If something is on the docket, does that not mean there is something pending?

    The judges said the case was closed. It was possible the motion was filed in error. One would hope a clerk would catch the error.

  31. avatar
    bob March 17, 2014 at 7:05 pm #

    I looked at Vogt’s case. His petition for rehearing was stamped “received” — it was never filed.

    So there’s nothing pending in Vogt’s case, and his 90 days are fast running out.