WHAT WILL THE NINTH CIRCUIT DO?
by Montgomery Blair Sibley, ©2013, blogging at Amo Probos
In response, Doug has now filed an extraordinary pejorative Writ of Mandamus asking that the Ninth Circuit Court of Appeal order Judge Robart to “do his duty” in those three regards. Each “duty” presents a Hobson’s Choice for the Ninth Circuit. (A Hobson’s choice is a free choice in which only one option is offered.)
First, Doug petitions the Ninth Circuit that in so much as Judge Robart, along with the Clerk of his Court, clearly misrepresented the name and nature of Doug’s filing in the public docket, that the Ninth Circuit order Judge Robart to correct the docket to accurately reflect what was filed. Note that it is a felony to so “falsify” a court record. 18 U.S.C. §2071(b) – “Concealment, removal, or mutilation generally” states in pertinent part: “Whoever, having the custody of any such [Court] record . . . willfully and unlawfully . . . falsifies . . . the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States.” Obviously, a pretty heavy consequence for Judge Robart if the Ninth Circuit orders him to fix the record of proceedings in his Court. Hobson’s Choice #1 because if the Ninth Circuit refuses to order the docket corrected, they are arguable accessories-after-the-fact, another felony found at 18 USC § 3: “Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.”
Second, Doug petitions the Ninth Circuit to order Judge Robart to acknowledge that Doug had discharged his duty under the Misprision of Felony/Treason statutes. To refuse to so order Judge Robart would establish a defense to these crimes in the future by allowing a defendant to claim that he had alerted a judge to crime/felony but never received an acknowledgment. Hobson’s Choice #2.
Finally, and most importantly, Doug’s Petition asks the Court to order Judge Robart to discharge his Congressionally-imposed duty to “summon a grand jury” as required by Rule 6(a) of the Federal Rules of Criminal Procedure as – based upon the forensic evidence in Doug’s two affidavits – it is clear by a preponderance of the evidence, if not beyond a reasonable doubt, that Barack Hussein Obama’s two Certificates of Live Birth are forgeries. Thus, Hobson’s Choice #3: If the Ninth Circuit rules that it is not in the “public interest” to allow a Grand Jury to hear Doug’s forensic evidence, then the Ninth Circuit will have established that the Grand Jury has been completely emasculated and is now just a tool of the government – the antithesis of what that Fourth Branch of government was conceived to be.
Regarding this Fourth Branch of government, none other than Justice Scalia observed in U.S. v. Williams, 504 U.S. 36, 47 (1992):
Rooted in long centuries of Anglo-American history, the grand jury is mentioned in the Bill of Rights, but not in the body of the Constitution. It has not been textually assigned, therefore, to any of the branches described in the first three Articles. It “is a constitutional fixture in its own right.” In fact the whole theory of its function is that it belongs to no branch of the institutional Government, serving as a kind of buffer or referee between the Government and the people. (Citations omitted).
And this really is the rub of all this. Obama’s second term-of-office will pass, the harm he has and will do to this Republic – though grave – I believe will not deal a fatal blow to the aspirations built into our Constitution.
However, if our federal government has now taken the position that it can prevent a Grand Jury of citizens from hearing well-founded allegations of the most despicable fraud ever perpetrated upon the People of this Republic, then we are so advised and it is time to invoke the retained power We The People possess to readjust that organic document by means of a Constitutional Convention to rein in the usurpation of power by those resident in the I-495 Beltway around the District of Columbia.