by Montgomery Blair Sibley, ©2016, blogging at Amo Probos

(May 13, 2016) — The Judicial Caesars at the Circuit Court of Appeal have answered my Petition to order the District Court Clerk to file my pleading seeking permission to release some of the records of the D.C. Madam.  In toto, they said: “ORDERED that the petition be denied. Petitioner has not shown a “clear and indisputable” right to mandamus relief. Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271, 289 (1988).

I have responded by filing a pleading demanding that they explain how I can be ordered not to release records and yet not have the ability to file a request to be released from that order.

Entitled, Petitioner’s Motion for Articulation of the Ratio Decendi for Denying Petition, the Motion stated in sum: “Therefore, a written decision with intellectual honesty explaining why Sibley’s Petition was denied in this matter is required from this Court if it is to discharge its Article III duty and maintain public confidence in the ability to faithfully discharge the heavy duty the People have placed upon this Court.

For those of you who keep clamoring that I release records in possible violation of a court order, I simply quote Theodore Roosevelt:

“It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.”

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