Vogt and possible next steps

Vogt writes to Orly Taitz:

They will realize what the purpose of my filing really is. All Americans will know for sure that there was a takeover of the government and we no longer live under the laws Constitution of the United States. At that point other loyal Americans are going to have to decide what the next step is.
Then poor Vogt has failed because it is clear that the court followed precedent on these matters and that Vogt failed to properly address these precedents. How often have we heard that a loss means that we no longer live under the laws of the Constitution, when in fact, the Constitution was what led the court to its conclusions. What is the next step?… Accept the facts and that courts are not going to address these claims any further. Now if there was some real evidence of malfeasance, then perhaps Congress, or AG’s may take notice, but at the moment we have some speculations that amount to little.
The misprision statutes do not help Vogt as the judge cannot rule on something speculative, especially when there is no evidence that Vogt actively tried to conceal his knowledge, which is a requirement.
The Federal Rules of Criminal Procedures similarly do not provide support for the attempt to have a judge forward information to a (special) grand jury. The judge must call together a Grand Jury if public circumstances require this, however, this does not mean that he is obligated to forward Vogt’s information, and since there is likely already one or perhaps two grand juries in session, Vogt’s appeal to the criminal rule 6(a) fails. If Vogt hopes to get the judge to submit the information to a “special grand jury” then he first has to make sure that such a special grand jury is in session and then he has to find a way to force the AG to forward the information to the Grand Jury. The judge may do so, but that is up to his full discretion. In order to get an AG to do this, he will likely need a writ of mandamus, which will not be granted, given the precedents in this area.

Sibley, speculates that:

MR. SIBLEY: Yes. The fact that the judge refused to acknowledge that is, I believe, going to prompt Doug to file a Motion to Reconsider, which then sets the table to take it on appeal to the Ninth Circuit Court of Appeals and from there, on to the U.S. Supreme Court.

Source: Federal Judge Dismisses Report of Obama Birth Certificate Forgery, Request for Grand Jury Review Posted By Sharon Rondeau

It’s good to hear that Sibley believes that Vogt has accepted that he needs to file a motion to reconsider, which indicates that he has accepted that he did file a legal case after all, and then appeal to the Ninth Court. Given his lack of standing, the Ninth Circuit will have no problem affirming the lower court’s findings. However, taking it to the Ninth Circuit Court of Appeals will eliminate quite a few of these 600 judicial districts… The goal of the filing was not to have it be treated as a lawsuit, since such would guarantee failure. The hope was that without filing a law suit, Vogt could force the Judge to take his musings seriously and forward them to a grand jury. That is not going to happen, and for good reasons.

Orly shows some reason when responding to commenters who hold out hope that the Ninth will overrule the Judge.

sadly, I believe that the 9th Circuit Court of Appeals will affirm the decision of Judge Robart. I represented presidential candidates, Allen Keyes, and they ruled against them. 9th circuit rule against Allen Keyes, I do not believe they will find standing or subject matter jurisdiction in the case brought by Mr. Vogt.
I believe that the 9th circuit would confirm the decision of the District court and the Supreme Court will refuse to hear it certiorari, even though I personally agree with Mr. Vogt

She does understand… And I believe even Vogt does, which is why he wanted to avoid filing his report as a lawsuit, but without a lawsuit, there is nothing, and if he wants to appeal or force the judge or the Attorney General, he needs a writ of mandamus, which is even less likely to be granted. He (and Sibley) hoped that their ‘novel’ approach could get them past standing, but there is just no good way to do this effectively. They can hope that they may find ‘one good judge’ who will forward it to a grand jury. I wish them good luck with that.

IANAL

4 thoughts on “Vogt and possible next steps

  1. The way I read this, Vogt is admitting that his purpose in filing the “thing” was not to compel the judge to empanel a grand jury, but rather to force the judge to make a ruling that Vogt could construe as evidence of his larger conspiracy theory involving the media and the courts.

  2. Well, it is sad that people point to courts ruling against them and want to use it as evidence that the court was somehow covering up…
    There are far more trivial explanations, such as failure to file a proper lawsuit and failure to properly respond to an order to show cause.

    Countless courts have ruled already and they all show a remarkable overlap. That’s because they are following the rules of law as constrained by our Constitution.

    If I remember correctly, this filing was sold as the one that is going to bring down President Obama, or something to that extent. Given the legal precedents, I wonder why they actually believed this. The court was never going to rule on the misprision issue, and is under no obligation to forward Vogt’s filings to a grand jury. Imagine what this would do to the work loads of the grand jury…

    I have to admit that it was a nice try, just like the Qui Tam filing or Quo Warranto, but they all failed because of legal precedent.

  3. So it was more of a publicity stunt? I thought this was the filing that would be the end of President Obama?

  4. Of _course_ it wasn’t a publicity stunt. It’s absolutely the purest of coinkydinks that Vogt has a book on the subject coming out Any Day Now. ..

Comments are closed.