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Sibley Update: Motion Set For U.S. Supreme Court Conference Oct. 11

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Obama Dismisses Indictment Against Fugitive Bombing Terrorist - Part V

Update: The Clerk of the United States Supreme Court has set for Conference my Motion to Direct the Clerk to File my Petition for Certiorari and Motion to Expedite on Friday, October 11, 2013. During the Conference, the Nine Justices will decide whether to grant or deny my Motion. Typically, the Clerk releases the results of the Friday Conferences the following Tuesday. - Montgomery Blair Sibley. Previous reports here.

Questions Presented For Review ( Petition for Writ of Certiorari )

On May 11, 1988, Defendant Elizabeth Duke was indicted for acts of violence against the United States, including the bombing of the United States Capitol on November 7, 1983. When she failed to appear for her arraignment on June 2, 1988, a bench warrant was issued for Defendant Elizabeth Duke.

Twenty-one years later, on June 17, 2009, the government made an oral motion to dismiss the Indictment and quash the arrest warrant against the still-fugitive Defendant Elizabeth Duke without stating any reasons for the motion. Magistrate Judge Deborah A. Robinson granted the oral motion to dismiss and quash the same day falsely stating in her order that the dismissal was: “for the reasons set forth in the government’s motion and for good cause shown” when in fact there were no “reasons set forth” nor “good cause” shown.

Accordingly, presented for review are the following questions: [...] Petition continued here.

Excerpt: Petitioner’s Motions to Expedite Consideration of Petition for a Writ of Certiorari, Leave to File Ex Parte and Under Seal and to Set Expedited Schedule for Briefing and Oral Argument;

Petitioner, Montgomery Blair Sibley (“Sibley”), respectfully requests that this Court: (i) expedite its consideration of the petition for a writ of certiorari in this case, (ii) permit Sibley to file ex parte and under seal information in support of this Motion to Expedite and (iii) pursuant to Supreme Court Rule 25.5 expedite the schedule for briefing and oral argument.

I. BACKGROUND

As more fully detailed in the accompanying Petition:

• On November 7, 1983, in the District of Columbia, a bomb was detonated inside the United States Capitol.

• On May 24, 1985, Defendant Elizabeth Duke (“Duke”) was arraigned upon an Indictment charging her with involvement in the aforementioned bombing.

• On July 24, 1985, Duke was released on bail. After failing to appear back in Court as ordered, on October 15, 1985, Duke’s bail was revoked and a bench warrant for her arrest as a fugitive was issued the same day.

• On May 11, 1988, Duke – along with her co-conspirators Laura Whitehorn, Linda Evans, Marilyn Buck, Susan Rosenberg, Timothy Blunk, and Alan Berkman1 – was

The Black Liberation Army and May 19th Communist Movement had organized the October 20, 1981, Brinks robbery in Nanuet, New York, in which $1.6 million was taken from a Brink's armored car. In a shootout shortly after the heist, two police officers were killed. A witness told a grand jury that Berkman had treated one of the holdup group's members for a gunshot wound. Indicted as an accessory after the fact, Berkman jumped bail and went underground. On the run, Berkman and Elizabeth Ann Duke were arrested on May 23, 1985, near Doylestown, Pennsylvania. Their car was found to have a pistol and shotgun, as well as the key to a storage site that held 100 pounds of dynamite. During his years on the run in the 1980s, court papers alleged, he was involved with groups that had staged seven bombings of military and other government facilities, though charges related to the bombings were later dismissed. Berkman was convicted for his participation in the supermarket robbery, the proceeds of which, prosecutors alleged, had been used to buy the dynamite. Berkman served eight years of a 10-year sentence.

Whitehorn, Evans and Buck plead guilty to conspiracy and destruction of Government property. Whitehorn also agreed to plead guilty to fraud in the possession of false identification documents. Whitehorn was sentenced to 20 years in prison and Evans to an additional five years after completing a 35-year sentence being served for illegally buying guns. Buck was already serving 17 years on other convictions, and was later sentenced to a 50-year term for the Brinks holdup and other re-indicted for the aforementioned bombing of the United States Capitol and several other government buildings in Washington, D.C.

• On June 2, 1988, Judge Harold H. Greene issued a bench warrant for Defendant Duke when she again failed to appear.

• Some twenty-one (21) years later, on June 17, 2009, Magistrate Judge Deborah A. Robinson held a hearing at which Assistant United States Attorney M. Jeffrey Beatrice made an oral motion to dismiss the Indictment and quash the arrest warrant as to Duke stating in toto: “Thank you, Your Honor. We would orally move to dismiss this case at this time, dismiss the indictment and also to quash the warrant, and we will submit a proposed order today, Your Honor.” Magistrate Judge Robinson responded in toto: “Very well. Thank you, Mr. Beatrice.” See: Exhibit “A” attached hereto, (“Transcript”).

• The same day, Magistrate Judge Robinson – representing herself as a United States District Court Judge – entered an order (“Order”) dismissing the Indictment claiming she was authorized to dismiss the Indictment: “for the reasons set forth in the government's motion and for good cause shown” – a knowing misrepresentation of the record. See: Exhibit “B” attached hereto.

• On July 26, 2013, Sibley made a motion to Magistrate Judge Robinson for reconsideration of her Order dismissing the Indictment and seeking to intervene or appear as amicus curiae to bring to an Article III Judge’s attention Magistrate Judge Robinson's misfeasance.

• Also on July 26, 2013, Sibley wrote a letter to each sitting Article III Judge of the District Court for the District of Columbia regarding Magistrate Judge Robinson’s extraordinary and improper behavior in this matter. See: Exhibit “C” attached hereto. To date, not a single Article III Judge has responded to Sibley's July 26, 2013, letter.

• On July 30, 2013, Magistrate Judge Robinson entered a sealed order denying Sibley's motion. See: Exhibit “D” attached hereto. Notably, that sealed order was not served upon Sibley or the government.

armed robberies during which two police officers were killed.

Susan Rosenberg and Timothy Blunk, plead guilty to eight counts each of possessing explosives, weapons and fake identification cards. Rosenberg’s was pardoned by President Clinton in 2001 and Blunk was paroled in 1997.
[...] Motion continued here.

Excerpt: Petitioner’s Motion to Direct Clerk to File Petitioner’s (i) Petition for Writ of Certiorari and (ii) Motions to Expedite Consideration of Petition for a Writ of Certiorari, Leave to File Ex Parte and Under Seal and to Set Expedited Schedule for Briefing and Oral Argument;

Petitioner, Montgomery Blair Sibley (“Sibley”), respectfully requests that this Court: (i) expedite its consideration of the petition for a writ of certiorari in this case, (ii) permit Sibley to file ex parte and under seal information in support of this Motion to Expedite and (iii) pursuant to Supreme Court Rule 25.5 expedite the schedule for briefing and oral argument. [...] Motion continued here. Hat tip Martha Trowbridge.





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