by Montgomery Blair Sibley, ©2013, blogging at Amo Probos

(Aug. 10, 2013) — Yesterday, in the heat and humidity of a Washington, D.C. summer, I slogged down to the Supreme Court to file my (i) Petition for Certiorari and (ii) Motion to Expedite Consideration and to File Documents Ex Parte and Under Seal.  As always, I was met by a surly Supreme Court Police Officer who, per regulations, puts the 40 copies of my Petition into a garbage bag and took them away. I always find that funny. But the allegations in my Petition are anything but funny.

Everyone knows that the Supreme Court’s appellate jurisdiction is to review the decisions of both state and federal courts to comport those decisions with the Constitution and governing federal statutes.  However, rarely invoked is a second jurisdiction — a “supervisory jurisdiction over the proceedings of the federal courts.” McNabb v. United States, 318 U.S. 332 (1943).  It is this “supervisory jurisdiction” that I invoked in my Petition.

Simply stated, proceeding as a Private Attorney General — as our sitting Attorney General has refused to respond to my petition regarding Magistrate Judge Robinson — I advised the Supreme Court that one of their Article I Magistrate Judges, Deborah A. Robinson had:

●Exceeded her Article I Magistrate Judge jurisdiction by dismissing an indictment;

●Entered an Order stating: “for the reasons set forth in the government’s motion and for good cause shown”, when clearly, there were no “reasons set forth” nor “good cause shown” to justify the granting of the government’s oral motion to dismiss the Indictment against the fugitive, domestic terrorist, United-States-Capitol-bombing Defendant, Elizabeth Duke.

●Signed the Order as an Article III “United States District Court Judge”, a position the Article I Magistrate Judge Deborah A. Robinson does not hold and which is a felony.

If this is the sort of improper behavior that the Supreme Court is going to permit on their watch, well, I guess we are so informed and will govern ourselves accordingly. I certainly hope not for, if they deny my Petition, it will be tantamount to approving of this wildly improper behavior by Magistrate Judge Robinson.

But there is more that is far from funny.  Not only did I publicly detail the misfeasance of Magistrate Judge Robinson in dismissing the indictment against the fugitive Elizabeth Duke in my Petition, I requested in my Motion to Expedite that the Court let me file ex parte and under seal information which would explain “why” the Obama Department of Justice took the extraordinary step — in violation of their own regulations — to orally move without explanation to dismiss an indictment against a fugitive terrorist.

Let me back up a moment. “Ex Parte and Under Seal” means that only the Justices of the Supreme Court could read the filing — not the government attorneys nor the public.  I took this extraordinary step because underlying the bizarre circumstances surrounding the dismissal of the Duke indictment is, I believe, criminal behavior.  To publicly detail that behavior would be to allow evidence to be spoiled and criminals to avoid prosecution for high crimes and misdemeanors.  For similar reasons, evidence presented to the Grand Jury is sealed from public view.

Thus I believe that I have, as George Mason commanded, “Asserted the liberty of our Country, and endeavored to transmit to my posterity those Sacred rights to which I was born.”  Not bad for a Friday afternoon stroll in the heat and humidity.

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