Case 1:12-cv-00011-TMB Document 16 Filed 08/10/12 Page 1 of 7

I
RECEIVED
AUG fo 2012
IN THE UNITED STATES DISTRICT


FOR THE DISTRICT OF ALASKA
Gordon Warren Epperly
P.O. Box 34358
Juneau, Alaska 99803
Tel: (907) 789-5659
Gordon Warren Epperly, )
)
Petitioner, )
vs.
Barack Hussein Obama II,
Nancy Pelosi,
Mead Treadwell,
Gail Fenumiai,
Respondents.
)
)
)
)
)
)
)
)
)
Case No. 1:12-CV-0011-TMB
Judge Timothy M. Burgess
Rebuttal
Rebuttal to Assistant U.S. Attorney's
Response to Petitioner's "Objection and Removal"
COMES NOW Gordon Warren Epperly, the Petitioner of the above entitled proceeding
does hereby gives the following "Rebuttal" to Assistant U.S. Attorney's "RESPONDENT
PRESIDENT BARACK HUSSEIN OBAMA 'S RESPONSE TO PETITIONER'S
OBJECTION AND REMOVAL" that was dated August 3, 2010 and received by the
Petitioner on August 9, 2010.
Within the Assistant U.S. Attorney, E. Bryan Wilson's Response to "Petitioner's
Objection and Removal," Attorney Wilson exposes his intent in having the Petitioner's
"Petition for an Order in the Nature of Mandamus" to be moved from the Alaska
Superior Court into the United States District Court. According to Attorney Wilson,
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Case 1:12-cv-00011-TMB Document 16 Filed 08/10/12 Page 2 of 7
the purpose of removing Petitioner's "Petition" from the Alaska Superior Court
was to establish a "Quo Warranto" proceeding before the U.S. District Court for
the District of Alaska to address the "Merits" of what he perceives to be "Allegations" of
a "Want of Office Qualifications" of a sitting President of the United States.
This is evident in Attorney Bryan's references to Petitioner's "Petition for an Order in
Nature of Mandamus" wherein I made personal observations, observations that were
not "Allegations" of "wrong doing" to be considered by any Court of Law.
These observations were submitted into and documented within the
"Administrative Record" of the Alaska Division of Elections which shows
"Reasonable Doubf' that Barack Hussein Obama II is not a qualified year 2012
Presidential Candidate for the Office of President of the United States. Any rebuttal of
such "Allegations" would have to be made within the "Administrative Record" of the
Alaska Division of Elections, not within a Court of Law. If Attorney Bryan believes that
I was trying to question the qualifications of a sitting President (which is an issue
of"Quo Warranto"), why did he not make an appearance into the Alaska Superior Court
and challenge my "Standing" to present such a Case and why did he not challenge the
"Subject Matter" jurisdiction of the Alaska Superior Court to entertain such
a Proceeding? The answer is simple, there were no "Quo Warranto" proceedings before
the Alaska Superior Court, only a restatement of questions of qualifications of
a Presidential Candidate that were presented to the Director of the Alaska Division
of Elections to address; which under the "Election Laws of the State of Alaska,
the Alaska Director of Elections is the only "Officer" of the State that has the authority to
address such questions of"Office Eligibility" of Candidates." /
1
Please keep in mind that it is not the Petitioner, Gordon Warren Epperly, that is trying to
establish jurisdiction of the U.S. District Court, but it is the U.S. Attorney, (in and
through her Assistant U.S. Attorney). If jurisdiction is established, for what jurisdiction
1
/ A.S. 15.25.042 Eligibility of a Candidate - (a) If the director receives a complaint regarding the
eligibility of a candidate for a particular office, the director shall determine eligibility under regulations
adopted by the director. The director shall determine the eligibility of the candidate within 30 days of
the receipt of the complaint.
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Case 1:12-cv-00011-TMB Document 16 Filed 08/10/12 Page 3 of 7
is the U.S. District Court to exercise if it is not a "Quo Warranto" proceeding to address
the "Merits" of the "Allegations" of "Qualifications of Office" of a sitting President as
claimed by the U.S. Attorney. It would be an absurdity in law to say that
the U.S. Attorney is trying to establish jurisdiction of the Court only to challenge the
jurisdiction of that Court after it had been established.
The Petitioner concedes that a "Civil Action" may be removed from a Court of a State
and moved into a U.S. District Court under 28 USC 1442(a){l), but when we are
talking about the "Qualifications of Office" of a sitting President ("Quo Warranto"),
the only Officers of the United States government that may remove
such "Civil Actions" is the United States Attorney General or the United States
Attorney for the District of Columbia, and then it must be presented into the
United States District Court for the District of Columbia in the name of
the "United States." P The United States Attorney for the Judicial District of Alaska has
no "Standing" to remove such Proceedings from a State Court nor does
the U.S. District Court for the District of Alaska have "Subject Matter" jurisdiction
to entertain such Proceedings (for it is not the U S. District Court for the
District of Columbia).
If we are talking about what the Assistant U.S. Attorney, E. Bryan Wilson may perceive
to be an "Inquiry" into "Allegations" of "Criminal Acts," there is a very important word
that is overlooked, and that word is "If' as it appears under "Prayer for Relief' at Item IV.
As we are talking about "Office Qualifications" of Barack Hussein Obama II as
2
/ Section 16-3501 of the District of Columbia Code states:
"A guo warranto may be issued from the United States District Court for the District of Columbia
in the name of the United States against a person who within the District of Columbia usurps,
intrudes into, or unlawfully holds or exercises, a franchise conferred by the United States or
a public office of the United States, civil or military. The proceedings shall be deemed a
civil action. - "
D.C. Code 16-3501 (emphasis added). Under 16-3502, only the Attorney General of the
United States or the United States Attorney for the District of Columbia can initiate a proceeding for
issuance of a writ of quo warranto "on his own motion or on the relation of a third person," and if
the writ is brought on behalf of a third person, it may only issue by leave of the District Court for the
District of Columbia. D.C. Code 16-3502.
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Case 1:12-cv-00011-TMB Document 16 Filed 08/10/12 Page 4 of 7
a [perspective] Candidate for the Office of President of the United States, the word "If'
would not come into effect until such time that the Democrat Political Party nominates
Barack Obama as their Party Presidential Candidate and only "if' Barack Obama comes
before the Director of the Alaska Division of Elections and establishes a "tainted"
Administrative Record of "Office Qualifications" with "False Documents" or
"Incriminating Statements" shall the Judge of the Alaska Superior Court submit the name
of Barack Hussein Obama II to the Federal Grand Jury for a Criminal Investigation.
Of course, if no "Office Qualifications" may be established by Presidential Candidate
hopeful, Barack Hussein Obama II, such want of "Office Qualifications" would also
establish "Probable Cause" to believe that Barack Hussein Obama II did
exercise "Criminal Acts" to have his name placed upon the year 2008 Presidential
Election Ballots. Furthermore, we should note that any "Inquiries" made
into "Criminal Acts" are to be convened only upon application of the Alaska State
Department of Law, Criminal Division, not by any member the General Public.
But if the Assistant U.S. Attorney, E. Bryan Wilson, believes otherwise, the asking
of the U.S. District Court for the District of Alaska to take jurisdiction of
Petitioner's "Petition," the jurisdiction would still be an issue of"Quo Warranto" for
which the Court would be in want of jurisdiction to address. As stated in my "Objection
to Court Jurisdiction," the Petitioner, Gordon Warren Epperly has no "Standing''
to present a "Quo Warranto" proceeding before any Court of Law, including
the U.S. District Court for the District of Alaska.
As the U.S. District Court for the District of Alaska is in want of jurisdictional authority
to remove the "Petition" of the Petitioner from the Alaska State Superior Court for the
purpose of entertaining a "Quo Warranto" proceeding, the Petitioner respectfully request
that the Petitioner's "Petition" be re-established back into the Alaska State
Superior Court, First Judicial District at Juneau, Alaska for further proceedings.
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Case 1:12-cv-00011-TMB Document 16 Filed 08/10/12 Page 5 of 7
Dated this Tenth day of the month of August in the year of
our Lord Jesus Christ, Two-Thousand and Twelve.
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Case 1:12-cv-00011-TMB Document 16 Filed 08/10/12 Page 6 of 7
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
Gordon Warren Epperly
P.O. Box 34358
Juneau,Alaska 99803
Tel: (907) 789-5659
Gordon Warren Epperly, )
)
Petitioner, )
vs.
Barack Hussein Obama II,
Nancy Pelosi,
Mead Treadwell,
Gail Fenumiai,
Respondents.
)
)
)
)
)
)
)
)
)
Case No. 1:12-CV-0011-TMB
Judge Timothy M. Burgess
Certificate of Mailing
============--=========================
Certificate of Mailing
COMES NOW Petitioner, Gordon Warren Epperly, hereby certifies under penalties of
perjury that true and correct copies of Petitioner's "Rebuttal to Assistant
U.S. Attorney's Response to Petitioner's "Objection and Removar'" has been mailed
to:
Philip Pallenberg
Judge Alaska Superior Court
P.O. Box 114100
Juneau, Alaska 99811-4100
Elizabeth M. Bakalar
Department of Law
State of Alaska
P.O. Box 110300
Juneau, Alaska 99811-0300
Certificate ofMailing- Page 1 of2
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Case 1:12-cv-00011-TMB Document 16 Filed 08/10/12 Page 7 of 7
Thomas M. Daniel
Perkins Cole, LLP
1023 W. 3rd Avenue
Anchorage, Alaska 99501
E. Bryan Wilson
Assistant U.S. Attorney
Federal Building & U.S. Courthouse
222 West 7th Avenue, #9, Room 253
Anchorage, Alaska 99513-7567
by depositing said "Rebuttal to Assistant U.S. Attorney's Response to Petitioner's
"Objection and Removal"" with the U.S. Postal Service, Mendenhall Station,
at Juneau, Alaska.
Dated this Tenth day of the month of August of the year
of our Lord Jesus Christ, Two-Thousand and Twelve .
Certificate of Mailing- Page 2 of2
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