PLAINTIFF S VERIFIED MOTION FOR RULE TO SHOW CAUSE WHY BARACK HUSSEIN OBAMA, II, SHOULD NOT BE HELD IN CONTEMPT OF COURT

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1 SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA CIVIL DIVISION MONTGOMERY BLAIR SIBLEY, VS. PLAINTIFF, YVETTE ALEXANDER, DON R. DINAN AND WILLIAM LIGHTFOOT, DEFENDANTS. / Case. No.: 2012-CA B Judge: John M. Mott Next Hearing: November 29, :00 a.m. PLAINTIFF S VERIFIED MOTION FOR RULE TO SHOW CAUSE WHY BARACK HUSSEIN OBAMA, II, SHOULD NOT BE HELD IN CONTEMPT OF COURT Plaintiff, Montgomery Blair Sibley, pursuant to 28 U.S.C. 1746, states that the matters stated herein are true under penalty of perjury and pursuant to Superior Court Rules of Civil Procedure, Rule 45(e) and the anomalous authority of this Court, moves for a Rule to Show Cause why Barack Hussein Obama, II, should not be held in contempt of court and for grounds in support states: I. BACKGROUND On November 16, 2012, at Plaintiff s request pursuant to Rule 45(a)(3), the Clerk of this Court issued a subpoena duces tecum directed to Barack Hussein Obama, II, directing him to produce the originals of his short-form Certificate of Live Birth and his long-form Certificate of Live Birth, copies of which were attached to the subpoena. A copy of that issued subpoena is attached hereto as Exhibit A. Plaintiff sought these documents to discharge his evidentiary burden for the hearing set for November 29, 2012, in order to demonstrate the Mr. Obama s Father was not a United States citizen. On November 16, 2012, Plaintiff s process server attempted service of the subpoena duces 1

2 tecum at the White House and was denied the ability to serve the subpoena by the White House Police and the White House s General Counsel s Office. On November 19, 2012, at the direction of the White House s General Counsel, the process server attempted service at the Department of Justice and was similarly denied. See Exhibit B attached hereto. On November 20, 2012, Plaintiff contacted the U.S. Secret Service at 10:56 a.m. and spoke with Agent Jane Smith who refused to identify herself in any manner. She indicated to Plaintiff that the telephone call was not being recorded. Agent Smith told Plaintiff that Mr. Obama would receive the subpoena if mailed to the White House at the following address: Barack Hussein Obama, II, THE WHITE HOUSE Att: Legal Subpoena/Case No.: 2012-CA B 1600 Pennsylvania Ave NW Washington, DC Accordingly, as directed, Plaintiff mailed the original subpoena duces tecum with the cover letter attached hereto as Exhibit C. Delivery of the subpoena duces tecum was confirmed by the United States Postal Service by signature confirmation on November 27, 2012, which is attached hereto as Exhibit D. To date, there has been no response to Exhibit A. Concerned that service might not occur before the date for the preliminary injunction hearing, Plaintiff mailed a second original subpoena duces tecum with the cover letter attached hereto as Exhibit E. Delivery of that subpoena duces tecum was confirmed by the United States Postal Service by signature confirmation on November 29, 2012, at 4:18 a.m. which is attached hereto as Exhibit F. As of the commencement of the hearing, there has been no response to Exhibit E. II. LEGAL ARGUMENT Rule 45(e) states in pertinent part: (e) Contempt Failure by any person without adequate 2

3 excuse to obey a subpoena served upon that person may be deemed a con-tempt of the Court. No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it. United States v. Lee, 106 U.S. 220, 261 (1882)(Emphasis added). Accord: Seminole Tribe v. Fla., 517 U.S. 44, f/n #2 (1996)( In any event, it is clear that the idea of the sovereign, or any part of it, being above the law in this sense has not survived in American law. ) Hiding behind his Praetorian Guards, Barack Hussein Obama, II, has set himself above the law by using armed government actors to prevent the personal service upon him of this Court s process and ignoring that process when served upon him as directed by those Praetorian Guards. III. CONCLUSION Accordingly, if this Court s dignity and authority is to be recognized and enforced, Plaintiff seeks an order to show cause directed to Barack Hussein Obama, II, why he should not be held in contempt of court for ignoring the subpoenas served upon him. Additionally, Plaintiff requests that such order to show cause be served by U.S. Express Mail, Delivery Confirmation upon the President and/or his counsel as personal service is impossible and indeed, is not required. Due process does not require more than suitable notice and an adequate opportunity to appear and be heard. Securities and Exchange Commission v. VTR, Inc., 410 F. Supp. 1309, 1313 (D.D.C. 1975). Given the peculiar circumstances of this matter, service by mail would satisfy the due process requirements. Alternatively, Plaintiff seeks a writ of Habeas Corpus directed to the U.S. Secret Service directing that they produce Barack Hussein Obama, II, so that Plaintiff s process server may personally serve an alias subpoena duces tecum on him. 3

4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and accurate copy of the foregoing was served by U.S. Postal Service first class mail this November 29, 2012, on Andrew J. Saindon, Assistant Attorney General Equity Section, 441 Fourth Street, N.W., 6th Floor South, Washington, D.C , Telephone: (202) , Facsimile: (202) , andy.saindon@dc.gov I declare under penalty of perjury that the foregoing is true and correct. Signed on: November 29, 2012 MONTGOMERY BLAIR SIBLEY PLAINTIFF 4000 Massachusetts Ave, NW, #1518 Washington, D.C Voice/Fax: By: Montgomery Blair Sibley 4

5 SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA CIVIL DIVISION MONTGOMERY BLAIR SIBLEY, VS. PLAINTIFF, Case. No.: 2012-CA B Judge: John M. Mott Next Hearing: November 29, :00 a.m. YVETTE ALEXANDER, DON R. DINAN AND WILLIAM LIGHTFOOT, DEFENDANTS. / [PROPOSED] ORDER ON PLAINTIFF S MOTION RULE TO SHOW CAUSE WHY BARACK HUSSEIN OBAMA, II, SHOULD NOT BE HELD IN CONTEMPT OF COURT OR, ALTERNATIVELY, FOR WRIT OF HABEAS CORPUS DIRECTED TO THE U.S. SECRET SERVICE THIS MATTER came on to be heard on Plaintiff s Motion Rule to Show Cause Why Barack Hussein Obama, II, Should Not Be Held in Contempt of Court or, Alternatively, for Writ of Habeas Corpus Directed to the U.S. Secret Service, and the Court being advised in the premises, it is hereby: ORDERED AND ADJUDGED that the motion is granted. Barack Hussein Obama, II, shall show cause within days of the date of this Order why he should not be held in contempt of court for failing to comply with the subpoena duces tecum served on him in this matter. DONE AND ORDERED in Chambers this day of, Copies to: Montgomery Blair Sibley 4000 Massachusetts Ave, N.W., #1518 Washington, DC Andrew J. Saindon Assistant Attorney General 441 Fourth Street, N.W., 6th Floor South Washington, D.C Judge John M. Mott 1

6 Exhibit "A"

10 MONTGOMERY BLAIR SIBLEY 4000 MASSACHUSETTS AVENUE, N.W. APARTMENT 1518 WASHINGTON, D.C (FAX) November 20, 2012 USPS Signature Confirmation #: Barack Hussein Obama, II THE WHITE HOUSE 1600 Pennsylvania Ave NW Washington DC Re: Montgomery Blair Sibley vs. Yvette Alexander, et al. D.C. Superior Court Case. No.: 2012-CA B Greetings, My process server s attempts to served the enclosed original subpoena issued in the above matter on you were rebuffed by the White House Counsel s office and the Department of Justice. Accordingly, by direction of Jane Smith of the Secret Service, I am serving the enclosed subpoena on you in this fashion as according to her personal service on you will not be permitted by the Secret Service. Alternatively, I would be please to have my process server serve you directly if you will make yourself available to him as I am sure you do not want to appear to be avoiding the Court s subpoena in this matter. yours,

Date: 11/27/2012 MONTGOMERY SIBLEY: The following is in response to your 11/21/2012 request for delivery information on your Signature Confirmation(TM) item number 2306 1570 0000 4754 1289.

11 Date: 11/27/2012 MONTGOMERY SIBLEY: The following is in response to your 11/21/2012 request for delivery information on your Signature Confirmation(TM) item number The delivery record shows that this item was delivered on 11/27/2012 at 05:04 AM in WASHINGTON, DC to M NALDO. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service

12 MONTGOMERY BLAIR SIBLEY 4000 MASSACHUSETTS AVENUE, N.W. APARTMENT 1518 WASHINGTON, D.C (VOICE/FAX) November 23, 2012 USPS Signature Confirmation #: Barack Hussein Obama, II THE WHITE HOUSE 1600 Pennsylvania Ave NW Washington DC Re: Montgomery Blair Sibley vs. Yvette Alexander, et al. D.C. Superior Court Case. No.: 2012-CA B Greetings, My process server s attempts to served a subpoena issued in the above matter on you were rebuffed by the White House Police, White House Counsel s office and the Department of Justice. Accordingly, by direction of Jane Smith of the Secret Service, I am serving the enclosed subpoena on you in this fashion as according to her personal service on you will not be permitted by the Secret Service. Alternatively, I would be please to have my process server serve you directly if you will make yourself available to him as I am sure you do not want to appear to be avoiding the Court s subpoena in this matter. As I a sure you recall from your legal training: No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it. United States v. Lee, 106 U.S. 220, 261 (1882). yours,

15 Montgomery Blair Sibley vs. Yvette Alexander, et al. D.C. Superior Court Case. No.: 2012-CA B Subpoena Addendum YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below: DOCUMENTS OR OBJECTS Original Certificates of Live Birth of Barack Hussein Obama, II, copies of which are attached hereto as Exhibit "A" & "B" PLACE OF PRODUCTION H. Carl Moultrie I Courthouse, 500 Indiana Ave NW, Courtroom 221, Washington DC DATE/TIME November 29, 2012 at 11:00 a.m.

18 Date: 11/29/2012 MONTGOMERY SIBLEY: The following is in response to your 11/28/2012 request for delivery information on your Signature Confirmation(TM) item number The delivery record shows that this item was delivered on 11/29/2012 at 04:18 AM in WASHINGTON, DC to M NALDO. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service

CASE NO.:12-CV-1984 OF EVIDENCE RELATED TO OBAMA S BIRTH. Plaintiff, Montgomery Blair Sibley ( Sibley ), pursuant to 5 U.S.C. 552a(b)(11), moves this

CASE NO.:12-CV-1984 OF EVIDENCE RELATED TO OBAMA S BIRTH. Plaintiff, Montgomery Blair Sibley ( Sibley ), pursuant to 5 U.S.C. 552a(b)(11), moves this UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MONTGOMERY BLAIR SIBLEY, VS. PLAINTIFF, YVETTE ALEXANDER, DON R. DINAN AND WILLIAM LIGHTFOOT, DEFENDANTS. / CASE NO.:12-CV-1984 PLAINTIFF S EMERGENCY