ameslap
Moderator
- Joined
- Jan 7, 2025
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Objection
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - PERJURY
Your Honour,
The Defendant states in their Answer to Complaint:
However, the DCT's own Secretary has stated in their outburst to this court:
Furthermore, the Defendant has already AFFIRMED in answers 9 and 10 that:
"the GER has ran numerous political candidates in DC"
"the GER is a registered political party in Redmont"
The evidence clearly shows these plots are "built in a specific way to spread a political message", through the use of the GER logo banner, and the "GER" text:
The Defendant cannot simultaneously claim ignorance about whether a registered political party's branded properties spread political messages, while the Department's Secretary acknowledges these properties are "political in nature". This constitutes Perjury.
We respectfully ask the court to hold the Defendant to account for this false statement. We also ask this court to order the Defendant's answer to be amended.
Motions are Accepted. Counsel is hereby charged with 2 count of perjury and is ordered to pay a $15,000 fine, serve 10 minutes in jail, and to amend their answer to reflect.Objection
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - PERJURY
Your Honour,
The Defendant states in their Answer to Complaint:
This is a deliberate mischaracterisation of the Plaintiff's stated fact. The Plaintiff's Fact #9 clearly states:
In context, "All of the builds with eviction notices" explicitly refers to the four plots identified in this case: c607, c226, c279, and c454. The Plaintiff was not making a claim about every eviction notice ever issued in Redmont.
The evidence (P-019/022) demonstrates that all four plots subject to this case contain GER banners/signs.
The Defendant's answer deliberately misconstrues a specific factual claim about four properties into a universal claim about all evictions across Redmont. This intentional misrepresentation of the Plaintiff's statement constitutes Perjury.
We respectfully ask the court to hold the Defendant to account for this false statement. We also ask this court to order the Defendant's answer to be amended.
Denied. I will allow some leeway in this regard due to the changing of counsel and it was within an hour of the deadline that they responded.Objection
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - BREACH OF PROCEDURE
Your honor:
This Court has previously ordered both Plaintiff's counsel and Commonwealth's Counsel as below:
While the Plaintiff's counsel has timely informed the Court of this, the Attorney General has not done so despite your explicit order.
As such, the Plaintiff asks that the Attorney General be held in contempt for failure to obey your Order here. In line with Criminal Code Act Part III, Section II(a), the Plaintiff asks that the Attorney General be issued a fine of $5,000 and sentenced to 10 minutes in jail for Contempt of Court.
Objection
The screenshot provided shows only conditional, temporary permission from the President stating "you have the temporary go-ahead until i hear from gribble or deal with the doj situation."
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - BREACH OF PROCEDURE
Your Honour, the Plaintiff objects to Secretary xEndeavour's attempt to represent the Commonwealth in this matter.
This Court has previously stated:
Furthermore, Secretary xEndeavour, to the Plaintiff's knowledge, is not a member of the DOJ; they are not a Prosecutor (P-023).
This language is expressly vague in its intent:
1. There is an acknowledged "doj situation" requiring resolution
2. The President anticipates proper DOJ representation will resume
No proper authorisation exists for a non-DOJ Secretary to represent the commonwealth in court. The screenshot does not grant Secretary xEndeavour the authority to practice law or represent the government in judicial proceedings.
This situation is directly analogous to Commonwealth of Redmont v. Milqy [2022] SCR 13, where the case was delayed when the Attorney General resigned. In that case, the Deputy Attorney General requested: "that this case be put on hold until a new Attorney General can be chosen." The Supreme Court ultimately required proper prosecutorial representation before proceeding.
To allow this would set a dangerous precedent, permitting any Cabinet Secretary to self-represent in cases involving their department, circumventing the DOJ's legislated role to "defend the national legal interest."
The Plaintiff requests that the Court reject Secretary xEndeavour's attempt to represent the Commonwealth and either:
1. Require proper DOJ representation as previously ordered by this Court; or
2. Delay proceedings until a qualified prosecutor can be assigned or a new Attorney General appointed.
The court should note that there are at least 3 alternative Prosecutors currently employed by the DOJ, who could take over this case. (P-024)
Objection is denied. Just because someone is not employed by the DOJ does not mean that they can't be delegated or asked to represent the nation. The DOJ is charged with representing the national legal interest and if they believe that outsourcing counsel is in the best legal interest then they are entitled to do so.Response
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
RESPONSE TO OBJECTION – BREACH OF PROCEDURE
The Plaintiff's objection to my representation of the Commonwealth is against the fundamental principles of natural justice - the government has the right to be heard and to choose its representation. Not only that, but it completely undermines Presidential executive authority.
The Plaintiff is trying to argue that only the Department of Justice has the legal authority to represent the Commonwealth in court due to the Department of Justice being charged with the legal defence of the Commonwealth. There are a few issues with this argument:
Executive Power
s28 of the Constitution provides that Cabinet is a group of advisers to the President, consisting of Executive Officers, who collectively guide government decision-making and policy. It expressly states that Cabinet draws its executive authority through delegated Presidential executive authority.
A ruling in favour of this objection would effectively hold that the Dept. Justice can override the constitutional authority of the President to delegate representation in legal matters. The Executive Standards Act serves to provide statutory duties and responsibilities to Departments, but it cannot displace or limit the President’s executive powers as set out in the Constitution.
However, Let us accept, for argument's sake, the notion that the Dept. Justice is the only one who can represent the Commonwealth across the Executive:
Dept. Construction and Transport
The Department is charged with the creation of Government infrastructure.
Does this mean that only the Department can do this?
No - the Department has routinely contracted or bought infrastructure from outside the Department, some even at the President's direction.
Dept. Health
The Department is charged with the maintenance and upkeep of the national health system.
Does this mean that only the Department can do this?
No - the Department has a policy which allows for private healthcare.
Dept. Education
The Department is charged with maintaining a historical national archives to document and preserve national history.
Does this mean that only the Department can do this?
No - the Department regularly contracts its work out to players external to the department.
Dept. Justice
The idea that the Department of Justice must be the only entity permitted to represent the Commonwealth, regardless of circumstance and presidential authorisation is inconsistent with both practice and principle.
Just as no department exclusively executes the duties it is responsible for, the Department of Justice is not different - especially when:
1. The President has authorised the representation of their executive;
2. The Attorney General is unavailable; and
3. The person delegated is a suitable and intimately aware of the functions of the Department as a respondent.
4. The Department has a direct interest in defending its own actions.
5. It would be unreasonable and unjust to bar the Secretary, especially one with judicial experience, from defending the Department at the request of the President.
Precedent
This is not the same situation as Commonwealth v. Milqy [2022] SCR 13. That matter involved a prosecutorial action that could not proceed without a lawfully designated prosecutor. This case concerns a civil matter, and the comparisons do not compare to criminal prosecution.
No precedent prohibits Cabinet Secretaries from appearing in court when their own departments are the subject of litigation. If the Plaintiff’s argument were to be accepted, it would mean that Cabinet departments are legally powerless to defend their conduct. In fact, the ruling that the President cannot choose the Executive's representation may be against [2022] SCR 20 - Appeal which held that the respondent was not provided with the opportunity to represent themselves in a civil case (such as in this case, where the President is being denied the same on behalf of the Commonwealth).
Conclusion
The Plaintiff’s objection is a narrow and incorrect interpretation of the Executive Standards Act. The President’s authorisation is valid. The representation of a Department in a civil suit concerning its own conduct is within reason. The delegated representative is qualified.
I am qualified;
I am authourised; and
I am the most logical representative, noting I was the decision maker.
I respectfully submit that you deny the objection.
Approved.Your Honor,
Motion
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO STRIKE
I do not know how the above posted while hitting enter, and I apologize for that, though it is not the fist time something like this has happened on the forums. I ask that this erroneous post be stricken from the record.
Granted. End is required to post the original response that was given so the records have it. I will not be striking the updated post at this time.That being said:
Objection
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - BREACH OF PROCEDURE
Last night (Eastern Time), xEndeavour posted a brief and curt response to the objection previously filed. The response lacked detail and generally was vague.
However, when I woke up this morning, that response was gone - as if it had vanished into thin air. I raised this issue with the staff team, and the staff team confirmed that xEndeavour had gone back and edited his post.
See attached PDF "End edited the post"
This may mislead or obscure information from the court for a number of reasons:
- The time of the post has been updated to that of this morning (see: Exhibit P-ND3), when in fact the original post was made last night.
- The original content of the first post is not obviously available to the Court. In general, amendments must be declared to the presiding officer so that the presiding officer is informed and that the changes are noted for the record.
The Court Rules and Procedures speak to the importance of rules around amending within the discovery period (and, the principles follow). And the court Motions Guide provides guidance for how to remove items - a Motion to Strike. xEndeavour has chosen not to explicitly declare the edit here, though xEndeavour did strike text previously submitted without declaration.
I kindly ask Your Honor to compel xEndeavour to restore the original post, or at least to provide a copy of that post to this court.
Okay, I think I'm caught up, please let me know if I missed something. The original deadline for the opening statements is still in place.