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THREE LAWSUITS ON THREE FRONTS

by Sharon Rondeau

What is the meaning of the term “natural born Citizen” found in Article II of the Constitution? Are laws restricting electors’ votes constitutional?

(Dec. 5, 2012) — Montgomery Blair Sibley, who is a descendant of Founding Father George Mason and the notable American Blair family, after which Blair House, the guest house of the president, was named, spoke with The Post & Email earlier today.

Sibley was a write-in candidate for president in 2012 and has challenged Obama’s constitutional eligibility as a “natural born Citizen” as required under Article II, Section 1, clause 5 of the U.S. Constitution.

A resident of the District of Columbia, Sibley has filed three lawsuits there, each approaching the eligibility question from a different angle.  A former attorney, Sibley is representing himself in each case.

The first lawsuit names the three District of Columbia electors scheduled to vote in the Electoral College on December 17, 2012 as defendants.  Prior to speaking with Mr. Sibley, The Post & Email left a voice message with Attorney Andrew J. Saindon, who represents the electors.  Sibley has challenged the constitutionality of an election law passed by Congress which mandates that District electors vote for Obama, in this case, as he won the Democrat primary.  Sibley stated that the 12th Amendment gives the electors the right to “vote any way they please.”  He contended that “Congress cannot tell them to vote a certain way; it’s an unholy and unconstitutional concentration of power in the hands of one of the two parties.”

The filings in the case can be found here:  Sibley v. Alexander Subpoena and here:  Sibley DC Complaint & Summons

The second case utilizes a law applicable only in the District of Columbia which allows a resident and registered voter to challenge the qualifications of any elected candidate.  “In most states, it has to be a pre-election challenge.  In DC, we’re given the right to a post-election challenge to any candidate who is elected.  As a result, I filed a post-election appeal in the DC Court of Appeals a challenge to Obama’s qualifications questioning whether or not he is even a citizen, let alone a ‘natural born Citizen,'” Sibley said.

The election certification occurred in Washington, DC on November 29.  The law allows a seven-day window for challenges, and Sibley’s case in the Court of Appeals was filed on Friday, November 30.   “I don’t expect any movement for a week or two,” Sibley told us.  Sibley describes the case as having two prongs:  that the electors can vote for whomever they want, but they can vote only for eligible candidates.  “There’s no question that Obama’s father was from Kenya.  I’m arguing that Obama is not a ‘natural born Citizen’ and therefore they cannot vote for him.  That’s the question of law that’s being presented to the court for resolution,” Sibley said.

The third lawsuit uses the common law Writ of Quo Warranto to challenge the qualifications of anyone elected and is also particular to Washington, DC which, according to Sibley, “allows a person interested in the office of president to challenge the qualifications of anyone else elected to that office.”  He had filed an initial challenge in the spring and then a second action following the election because of the “changed circumstances.”

The Post & Email asked Sibley about a Huffington Post article which incorrectly claims that he was disbarred rather than suspended for three years from the practice of law, to which he responded, “I’ve contacted them about that and they ignore me.”  A court document linked from The Huffington Post article states that a suspension was recommended, not disbarment.  Sibley has chosen not to reinstitute his law license because he believes that state bar associations are “completely corrupt.”

When we asked Sibley how he defines the term “natural born Citizen,” found in Article II, he said, “If I were a practicing attorney, I could take either side of that and argue it persuasively.  There are legitimate arguments to be made that ‘natural born Citizen’ is equivalent to “citizen” under the 14th Amendment.  But there are just as strong, compelling arguments that ‘natural born Citizen’ is a super-class of citizen that requires both parents to be U.S. citizens for good reason.  That’s the legal position I’m taking in my arguments.  But I respect the other side. The real problem is that the courts refuse to answer the question.  Why do we have a judicial system – why are “cases and controversies” mentioned in Article III of the Constitution – if the courts won’t exercise their jurisdiction and resolve the question once and for all?”

During the preparation of this article,the office of Assistant Attorney General Andrew Saindon returned our telephone call and promised to send its response to Sibley’s lawsuit.  The only public comment the spokesperson could make was that “he has no standing” to bring the suit. The defendants’ attorney relies on the case Wong Kim Ark to define the term “natural born Citizen.”

The response can be viewed here:  Sibley Defense Opposition

When we asked Sibley if he had a closing statement, he responded “Just remember what Mahatma Gandhi said:  ‘First they ignore you, then they ridicule you, then they fight you; then you win.'”

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gigclick
Saturday, December 8, 2012 3:43 PM

Sibly is experienced and intelligent but here we go again, this is the same routine that Hillary demanded and started with the involving Taitz with Judge Carter in California. In American Grand Jury we saw the case docket and at the top was Hillary, Michelle, Reid, Biden, Pelosi all ordering that any case against Obama/Pelosi be deemed “a no standing” case. Custom ordered to block any such challenge cases to eligibility, Hillary got the complete co-operation of all the Judicial and they have been illegally making their own “rules” since that case. No one experienced in law has come forward on the conservative side to find other avenues around this phony no standing jive which is the same as the “seperation of church and state” where the real law states that the government shall not interfere with with laws of a religious organization, 180 out but for the average moron, sounds like it’s real without even investigating what the written law really states. If Sibly can venture into this with some momentum, maybe we will see some legal action taken. For now, we are still playing along with the scheme of having a person in the position of POTUS who’s records are being held at the DNC Perkins Coie Law firm in Seattle and we don’t know he real identity or qualifications. If this were a “conservative”, the Dems would be full sail on intimidation of the facts. We are living in a country that is tied by corruption and the protection of criminal politics and press tit-a-tat that we can’t even begin to approach or stop the evil fraud, theft and operation of a faux presidency. As Martha Trowbridge defined, “an artificial identity” that Obama is, is being carefully protected by Democratic Operatives made up of Communists/Black Panther/Godless Agnostics/Power Grabbers/ruthless money mongers and others that have NO intent on American values, rather, the manipulation of older techniques of dictatorial and Communist Party management laws to get what they want. Sadly to say and see, we are experiencing the takeover of an old, inept, older battle won mentality of a “Republican” party caught up in looking back at all the merits of old and past days of achievement of all the Republican greats while the Democrats have come into the candy store full of children like linebackers taking the “candy” from the kids. It’s here folks, the front door has been left open and the lion has entered, the security has been compromised. McCain and others knew about all this and they did nothing. They gave the ball away to the other team. Night after night, you can watch FOX/Blaze etc., running up and down the musical scale with no melody. Playing the same should have/ could have/ might have / maybe story in another hopeless 4 years of quagmire and bureaucracy that is going nowhere while America burns AND they make millions reporting all the here and there selling more obnoxious intelligence insulting commercials and being paid well. The bureaucrats in DC whether D or R are all getting paychecks/benefits/retirement and press attention at the level of entertainments greatest all for another day and story that puts another notch on the gun of corruption that the American people are no longer able to control. Only fools or the corrupt cannot see their folly an America that could have been “fixed” is now in decline because of ignorance, greed, cowards, political gain and a public that is tired of the same old worn out record of politics that as a mass no longer cares if we even have a usurper in control. It is time for a reality check, no jobs in any volume are being created, graduates at 55% with not future, what jobs are created most people don’t want or like and many are high tech digital jobs that require years of education and they are over filled, years of experience are wasting away with middle age or near retirement workers with jobs that have been reduced or taken away that could be generating revenue for the system, many fields are not being discussed such as aviation that is being ruined by what is happening and everyone keeps looking the other way “that’s not my job” routine keeps on rolling at every level. Walt and a few good other men are the only Captains left manning the ships but you need a crew to keep it going, where is the crew and why have they left? Where is the government that is supposed to be leading and the lights are on but no one is home? Where/why/how we may know but will we hand over the helm to a faux/synthetic/Communist/Socialist sham that is growing every day and stop its takeover or admit that they have illegally blocked the Judicial from allowing us prosecution of complete criminal activity? Time will tell but the broken record/CD keeps playing and turning the volume down may allow you to think among all the scratchy noise and lies that have reached a high volume, but at times the silence can also be deafening. Usually when the silence becomes deafening, that is when the most theft is occurring. It’s quiet now.

DOTK
Thursday, December 6, 2012 6:25 PM

The 14th amendment did not exist until 1868 and can not be used to explain Article II and what the framers understood to be a NBC. There is no rational or good argument to be made for the 14th as it pertains to POTUS requirements despite what this person says. Can an *some* argument be made for the 14th overruling Article II ?? Of course, but it would be gibberish.

The 14th did not have the words NBC written into it nor did it state that this amendment meant to address the former slave issue would now supersede Article II requirements and amend that section’s requirements.

Any person who derives a citizenship because of a statuary law (the 14th) does not acquire that “citizenship” naturally!

I am not an attorney but I do have common sense, logic and a very functioning brain!!