U S D C D C: Ontgomery Lair Ibley
U S D C D C: Ontgomery Lair Ibley
vs.
RICHARD W. ROBERTS AND ANGELA O.
CAESAR,
Defendants.
___________________________________/
Plaintiff, Montgomery Blair Sibley (Sibley), pursuant to Federal Rules Civil Procedure,
Rules 1 and 16(a)(1), moves on an emergency basis for an immediate Rule 16 Pretrial
Conference to set an expedited briefing and resolution schedule of Sibleys Third Claim, and for
grounds in support thereof states:
I.
BACKGROUND
On October 3, 2006, the government filed a Civil Forfeiture Complaint in United States
of America v. 803 Capitol Street et al., Case No.: 06-cv-01710-RMC. This civil suit sought the
forfeiture of all of Deborah Jeane Palfreys assets for operating Pamela Martin & Associates, an
escort agency. On May 6, 2007, Sibley wrote Attorney General Alberto Gonzalez requesting the
appointment of a Special Counsel in U.S. v. 803 Capitol Street as Brian Ross of ABC News
stated that: The phone records trace back to thousands of men, including a career Justice
Department prosecutor. Sibley further indicated in that letter that he would release the
remainder of the telephone records of Deborah Jeane Palfrey's Escort service if negotiations do
not commence to resolve the pending cases. A copy of that letter is attached hereto as Exhibit
A. As a result, Judge Kessler on May 10, 2007, issued the first of several restraining orders
barring Sibley from releasing the names of the clients of the Pamela Martin & Associates.
On November 13, 2007, Judge Gladys Kessler granted in toto Sibleys Ex Parte
Application for Issuance of Subpoenas in U.S. v. Palfrey.1 Among the subpoenas requested by
Sibley were five directed to telephone companies for the account-holder information of 5,902
telephone numbers that had turned up in the telephone records of Pamela Martin & Associates.
On December 14, 2007, the ex parte subpoenas directed to Verizon Wireless was
returned with a CD containing 815 Verizon Wireless account holders: (i) names, (i) business
and/or home addresses, (iii) social security numbers, and (iv) home and business telephone
numbers. Each name represented a former escort or client who had a cellphone number that had
called Pamela Martin & Associates when that cellphone number was owned by that person. A list
of the 174 companies and/or government agencies identified in the Verizon Wireless Subpoena
return is attached in Exhibit B hereto. The names of individuals identified in the Verizon
Wireless Subpoena return are not revealed in this motion due to Sibleys uncertainty as to the
applicability of restraining orders issued in the Deborah Jeane Palfrey matters.
Additionally, on December 14, 2007, Judge Robertson who was curiously substituted
without explanation or reason for Judge Kessler held a status hearing, a copy of which is
1
As a result of Judge Robertsons non-docketed oral order quashing all the ex parte
subpoenas upon non-docketed government motions to quash those ex parte subpoenas, Sibley
did not receive subpoena returns from: (i) Alltel, (ii) AT&T, (iii) AT&T Mobility, (iv) TMobile
and (v) Verizon and (vi) and all the other governmental agencies identified in footnote #1, supra.
Accordingly, as a matter of simple mathematics, Sibley was only able to identify 13% of the
customers/escort contractors of Pamela Martin & Associates.
Finally, it is noteworthy that: (i) since 2007 there has not been a major escort service
prosecution by the federal government in the District of Columbia yet (ii) brazenly advertising in
the 2016 Yellow Pages are twenty-two (22) escort services which have been operating with
apparent impunity since the 2006 prosecution of Defendant Jeane Palfrey. A copy of the 2016
Washington D.C. Yellow Pages is attached as Exhibit D
II.
able to identify in the Verizon Wireless subpoena return, common sense dictates that in the
remaining 87% of the quashed telephone company subpoena returns Sibley would have
succeeded in identifying thousands of other public and quasi-public personnel and entities whose
private behavior reflects adversely upon their public duties.
Notably, the government has secretly utilized escort services for its own law enforcement
and national security ends. As the New York Post recently reported:
In the months after 9/11, the watchers from the [FBI Special
Surveillance Group] followed Awlaki to assignations with
prostitutes at the Wyndham City Center, the Melrose, the Monarch,
Avenue Suites, the Swissotel [in Metro D.C.], and more. Agents
would follow up with the women later the same day or the next
4
day, asking about Awlakis words and actions. He liked the lights
on, the agents learned. He found the escort services online and
booked their services under his real name. Sometimes he asked for
intercourse, sometimes oral sex, and sometimes he just watched the
woman stimulate herself while he masturbated.2
Accordingly, it is reasonable to conclude that certain government agencies have
knowledge of questionable behavior by those now or in the future in a position to be
blackmailed in a manner against their public duties.
As this Court well knows, the selection of the next President of the United States and 435
members of the U.S. House of Representatives is well under way. It is beyond cavil that: voting
is of the most fundamental significance under our constitutional structure. Illinois Bd. of
Elections v. Socialist Workers Party, 440 U.S. 173, 184 (1979). As such, this Court has a
Congressionally-delegated obligation to protect the integrity of the election processes. Rosario v.
Rockefeller, 410 U.S 752, 761 (1973)(It is clear that preservation of the integrity of the electoral
process is a legitimate and valid state goal.).
Upon this clear judicial duty is this conflict: Sibley has an unconditional right under the
First Amendment to speak out on matters of public concern. Accord: Wood v. Georgia, 370 U.S.
375, 391-392 (1962)([T]he purpose of the First Amendment includes the need . . . to protect
parties in the free publication of matters of public concern, to secure their right to a free
discussion of public events and public measures, and to enable every citizen at any time to bring
the government and any person in authority to the bar of public opinion by any just criticism
upon their conduct in the exercise of the authority which the people have conferred upon them.).
2
Retrieved from:
http://nypost.com/2015/09/13/al-qaeda-terrorist-feared-his-love-of-sex-and-hooke
rs-would-end-him/
5
Yet, the Supreme Court in Celotex Corp. v. Edwards, 514 U.S. 300, 306 (1995), stated
that: persons subject to an injunctive order issued by a court with jurisdiction are expected to
obey that decree until it is modified or reversed, even if they have proper grounds to object to the
order. Here, Sibley has sought modification of the restraining orders at the: (i) District Court,
(ii) Circuit Court and (iii) Supreme Court levels without success for over ninety (90) days.
Remarkably, Sibley uncertain as to whether he is subject to a restraining order has been
denied the opportunity to seek modification of such an order upon his First Amendment grounds
and thus has properly raised that issue in his Third Claim.
III.
CONCLUSION
Upon the foregoing, Sibley is requesting that this Court immediately hold a Rule 16 status
conference to address Sibleys request to expedite resolution of the Third Claim of the First
Amended Complaint seeking a declaration of Sibleys rights vis-a-vis the Verizon Wireless
subpoena return. Accord: Walters v. Nat'l Ass'n of Radiation, 473 U.S. 305, 351 (1985)(This
Court has not hesitated to exercise this power of swift intervention in cases of extraordinary
constitutional moment and in cases demanding prompt resolution for other reasons.); United
States v. Nixon, 418 U.S. 683, 686-687(1974)(We granted both the United States' petition for
certiorari before judgment and also the President's cross-petition for certiorari because of the
public importance of the issues presented and the need for their prompt resolution).
Here, by muzzling Sibley and thus keeping the relevant Verizon Wireless information
sealed from public view particularly during this election cycle deprives: (i) Sibley of his First
Amendment Right of Publication and (ii) the People of the information they may deem material
to the exercise of the Peoples electoral franchise.
6
WHEREFORE, Sibley respectfully requests that this Court expeditiously set a Rule 16
hearing to address Sibleys request for expedited resolution of the Third Claim of the First
Amended Complaint.
LOCAL RULE 7(M ) STATEMENT
Sibley states that in an attempt to discharge his Local Rule 7(m) duty to confer, on the
morning of March 30, 2016, Sibley called David Moskowitz, counsel for Defendants seeking his
position on the instant motion. After receiving no response, on the morning of March 31, 2007,
Sibley emailed Mr. Moskowitz stating in part: I want to contact the Court and ask for an
immediate status hearing and want to know if you want to be on that telephone call or if you
want me to make a representation on your behalf to the Court. Notably, refusing to telephone
Sibley, Mr. Moskowitz instead after business hours on March 31, 2016, responded by email to
Sibleys telephone and email by ignoring Sibleys request regarding the status conference. A
copy of that email correspondence is attached as Exhibit E. Accordingly, as Mr. Moskowitz
has refused to confer with Sibley, Sibley is unable to state the Defendants position on the relief
requested herein.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on April 9, 2016, a true and correct copy of the foregoing was
served by U.S. First Class Mail upon: David Moskowitz, Assistant United States Attorney,
counsel for Defendants, 2100 Jamieson Avenue, Alexandria, Virginia 22314.
MONTGOMERY BLAIR SIBLEY
402 King Farm Blvd, Suite 125-145
Rockville, Maryland, 20850
202-643-7232
[email protected]
By: __________________________
Montgomery Blair Sibley
Greetings:
I represent Deborah Jeanne Palfrey, a/k/a the D.C. Madam who (i) has been indicted by
your office in a matter assigned Criminal Case Number: 07-046-GK and (ii) has had all her assets
seized in a civil forfeiture matter in Case No.:1:06-CV-01710-GK.
On March 1, 2007, FedEx delivered (Tracking #8581-1680-3504) to your office my request
pursuant to 28 C.F.R. 600.1 for the appointment of a Special Counsel for the above matters. In
that letter I indicated that given the broad spectrum of customers [of the escort service] it is a
mathematical certainty that in time [Justice] Department employees will be identified as customers
of the service and subpoenaed in either the civil matter, the criminal matter, or both. To date, I have
yet to receive a response to that letter.
In the interim, approximately 20% of the telephone records of the escort service were turned
over to Brian Ross of ABC News. As you are doubtlessly aware, last Friday, Brian Ross, in the
publically available transcript of his 20/20 report, is quoted as stating: The phone records trace back
to thousands of men, including a career Justice Department prosecutor.
Moreover, consider the math: If 20% of the telephone records produced one career Justice
Department prosecutor, then 100% of the telephone records will very likely produce at least
another four (4) career Justice Department prosecutors. Moreover, this discounts the possibility
that if one Akin/Gump law firm employee was an escort for the service, it is as likely that your law
firm has similarly situated employees who also worked as escorts for the service. Do not assume
Exhibit "A"
2.
EXHIBIT B
A & H Painting & Decorating
Abb Power Generation
ACS Desktop Solutions
AETEA
Akin, Gump, Strauss, Haue
American Cellular Rental
American Land Concepts
Amtrak Technologies
Andersen Consulting
Andersen Corporation
Andersen Corporation Inc
Anne Arundel Co Public Schools
Anzi Tech Distributors
Archidiocese of Washington
Arlington Firefighters
Army Capabilities Integration
ASNS
ASRC Constructors Inc
Atlantic Research Corp
Balmar Printing
Barnes, Morris, Pardoe & Fo
Battelle Memorial Institute
Beaver Dam Construction
Bell Atlantic Md
Beretta USA
Bethlehem Steel Corp
BML & Associates, Llc
Brand Direct Marketing
Brantly Group
BSI Inc. Browne Academy
Bucks County Free Library
Charles H Hodges & Son
Exhibit "B" - Page 1
OAO Corp
Oracle Corporation
P W Police Association
Palace Meat
Parkview Adventist Medical
Patterson Belknap Webb
PB Facilities Inc
Philips Electronics North Amer
Philips Semiconductors
Westinghouse Electric
PriceWaterhouseCoopers
Property Damage Apprai
Reed Smith Shaw & McClay --
V.
10:OO a.m.
Defendant
. . . . . . . . . . . . . . . . .
* . . . . . . . . . . .
Court Reporter:
Exhibit "C"
Rebecca Stonestreet
( 2 0 2 ) 354-3249
P R O C E E D I N G S
THE COURT:
All right.
I think
Ms. Connelly, Mr. Butler, and Mr. Cowden are all here.
Mr. Sibley, I presume?
MR. SIBLEY:
THE COURT:
Yes.
Rebecca Stonestreet
16
MR. COWDEN:
THE COURT:
about?
THE COURT:
All right.
MR. COWDEN:
MR. SIBLEY:
THE COURT:
MR. SIBLEY:
THE COURT:
Right.
Correct.
Thank you.
Now, t h e n e x t part of this
--
t h e next
--
two motions to
Rebecca Stonestreet
(202) 354-3249
MS. CONNELLY:
morning at 11:30.
THE COURT:
--
it was
We
filed it under seal because the order was in fact under seal,
That sort of predated this motion.
But what happened was the government started getting
phone calls, as it sounds like the Court did, from various
federal agencies, not law enforcement and not investigative
agencies, but a number of federal agencies that received
subpoenas.
THE COURT:
Rebecca Stonestreet
( 2 0 2 ) 354-3249
I'm
--
It
federal courts is complex, but you know what they used to say
when we were kids about a secret:
Rebecca Stonestreet
( 2 0 2 ) 354-3249
you have any reason to want to continue the seal on this whole
issue?
but. . .
THE COURT:
is off.
MS. CONNELLY:
Rebecca Stonestreet
(202) 354-3249
on April 7th.
Merry Christmas.
Rebecca Stonestreet
(202) 354-3249
43
above-entitled matter.
Rebecca Stonestreet
DATE
( 2 0 2 ) 354-3249
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DearMr.Sibley:
Thanks,
David
DavidMoskowitz
AssistantUnitedStatesA orney
2100JamiesonAvenue
Alexandria,VA22314
Telephone:(703) 299-3845
Fax:(703) 299-3983
Email:[email protected]
Exhibit "E"
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