The Maryland Court of Special Appeals has held that a suit filed by the irrepressible Montgomery Blair Sibley for a declaratory judgment against President Obama’s legitimacy failed

Montgomery Blair Sibley, the appellant, petitioned the Circuit Court for Montgomery County for a declaratory judgment that he has a right to appear in person before the Grand Jury to present evidence that the President of the United States is violating Maryland criminal law by possessing, displaying, and/or representing to be his own “a fictitious or fraudulently altered government identification document.” Md. Code (2002, 2012 Repl. Vol.), Crim. Law (“CL”) § 8-303(b). The circuit court, however, refused to enter such a declaratory judgment. Subsequently, the appellant filed this timely pro se appeal.

As to claims of prosecutorial misconduct in the grand jury

In response to the appellant’s contention regarding prosecutorial misconduct in connection with the Assistant State’s Attorney’s statement to the foreman that he is a “birther lunatic,” the State’s Attorney argues that “[u]nder Maryland law, . . . there is no prohibition against prosecutors communicating to a grand jury their opinions about allegations before the jury, including the credibility of those who make the allegations.”

 The court also rejected the contention that the trial court failed to recuse itself. (Mike Frisch)