Rashie v. United States

CourtDistrict Court, District of Columbia
DecidedNovember 13, 2024
DocketCivil Action No. 2024-0521
StatusPublished

This text of Rashie v. United States (Rashie v. United States) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rashie v. United States, (D.D.C. 2024).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

TAQUAN RASHIE GULLET-EL, Pro Se

Plaintiff, Civ. Action No. 24-00521 (EGS) v.

UNITED STATES OF AMERICA,

Defendant.

MEMORANDUM OPINION

Plaintiff Taquan Rashie, also known as Taquan Rashie

Gullet-el and gullet-el:taquan-rashe (“Mr. Rashie”) has filed a

number of motions since he initiated this action, pro se, on

February 12, 2024. Compl., ECF No. 1.1 Pending before the Court

is Mr. Rashie’s “Motion and Affidavit for Disqualification and

Recusal Based Upon Bias and Prejudice Under Article 52 Geneva

(IV) Convention of 1949 (28 U.S.C. §§ 455, 144)” (“Recusal

Motion”). Pl.’s Mot. & Aff. for Disqualification & Recusal, ECF

No. 26. Defendant United States of America (“Defendant”) has not

filed a response to Mr. Rashie’s Recusal Motion.2 Upon careful

1 When citing electronic filings throughout this opinion, the Court cites to the ECF header page number, not the original page number of the filed document. Citations reference docket entries in this case, 24-cv-00521, unless otherwise specified. 2 On September 30, 2024, Defendant filed a Motion for Extension

of Time to File Response/Reply to Mr. Rashie’s Recusal Motion (“Motion for Extension”), seeking an extension through October 4, 2024. Def.’s Mot. for Extension, ECF No. 27. On October 1, 1 consideration of the motion, the applicable law, and the entire

record, Mr. Rashie’s motion is DENIED.

I. BACKGROUND

Despite the volume and length of motions and other

documents Mr. Rashie has filed in this case, the relevant facts

and allegations can be described succinctly. Core to Mr.

Rashie’s claims is his self-identification as a Moorish

sovereign citizen. See generally Compl., ECF No. 1; Pl.’s Mot. &

Aff. for Disqualification & Recusal, ECF No. 26. He purports to

belong to a group of

Moorish American Nationals under the consular jurisdiction of the Moorish Science Temple of America Consular Court (a Theocratic state) for the protection and enforcement of our and our people’s treaty birthrights secured under the Treaty of Peace with Morocco of 1787/1836 (signed at Meccanez; copy at Tangiers) between the United States of North America and Moroccan Empire, which is in full force and effect under Article 25 of the Treaty of Peace and Friendship of 1836, and the Constitution for the United States of North America.

Pl.’s Mot. & Aff. for Disqualification & Recusal, ECF No. 26 at

4. This self-identification comes with a number of beliefs

relevant to Mr. Rashie’s claims, including that he is immune

2024, the Court denied Defendant’s Motion for Extension without prejudice for failure to comply with LCvR 7(m). Minute Order (Oct. 1, 2024). Since then, Defendant has not re-filed its Motion for Extension, sought leave to file any response to Mr. Rashie’s Recusal Motion out of time, or otherwise requested or indicated a further intent to file a response. 2 from U.S. law and entitled to various proceeds from the U.S.

government. See generally Compl., ECF No. 1 at 12–13; see also

Mem. Op. & Order, ECF No. 30 in 15-cv-00652 (D.D.C.) at 3–4

(quoting R. & R., ECF No. 28 in 15-cv-00652 (D.D.C.))

(quotations omitted) (“Mr. [Rashie] asserts in his briefs, for

example, that the certificate issued upon a child’s birth in

this country operates as a certificate of title to that person’s

labor, creating a ‘trust agreement (indenture) with the U.S.

Treasury and various other agencies . . .’ [He] also believes

that he has emancipated himself from this indenture scheme, and

now operates sui juris as the executor of the trust created in

his legal name.”).

A brief history of Mr. Rashie’s involvement with the courts

helps contextualize his current case. In 2010, Mr. Rashie sent

multiple false liens to U.S. government officials. See Compl.,

ECF No. 1 at 14; Def.’s Mot. to Dismiss, ECF No. 20 at 4; Mem.

Op. & Order, ECF No. 30 in 15-cv-00652 (D.D.C.) at 2–3. He

alleged that the government owed him money related to proceeds

it received from his body. Mem. Op. & Order, ECF No. 30 in 15-

cv-00652 (D.D.C.) at 3–4. As a result, the government brought

criminal charges against Mr. Rashie in the United States

District Court for the Central District of California and civil

charges against Mr. Rashie in this court. Compl., ECF No. 1 at

15 (discussing the civil and criminal cases); Def.’s Mot. to

3 Dismiss, ECF No. 20 at 4. In the civil case, the government

sought to nullify the false liens that Mr. Rashie filed against

various government officials. Compl., ECF No. 1 in 15-cv-00652

(D.D.C.). On March 28, 2024, the Court adopted a magistrate

judge’s Report and Recommendation to grant the government’s

Motion for Summary Judgment against Mr. Rashie in that case.

Mem. Op. & Order, ECF No. 30 in 15-cv-00652 (D.D.C.).3 In the

criminal case, the government charged Mr. Rashie with two counts

of False, Fictitious, or Fraudulent Claims Against the United

States, in violation of 18 U.S.C. § 1521, and two counts of

Retaliation Against a Federal Law Enforcement Officer by False

Claim or Slander on Title, in violation of 18 U.S.C. § 2(b).

Indictment, ECF No. 1 in 2:14-cr-00725 (C.D. Cal.). Mr. Rashie

was convicted by a jury and sentenced to 77 months of

3 On April 2, 2024, Rashie filed both a Motion for Relief from Judgment in 15-cv-00652 (D.D.C.) and a Notice of Appeal to the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”). Mot. for Relief from J., ECF No. 33 in 15-cv-00652 (D.D.C.); Notice of Appeal, ECF No. 34 in 15-cv- 00652 (D.D.C.). The D.C. Circuit held the appeal in abeyance pending resolution of the Motion for Relief from Judgment and directed the parties to file motions to govern future proceedings within 30 days of the district court’s resolution of the Motion for Relief from Judgment. D.C. Cir. Order, ECF No. 36 in 15-cv-00652 (D.D.C.). On August 6, 2024, the Court denied Mr. Rashie’s Motion for Relief from Judgment. Mem. Op., ECF No. 40 in 15-cv-00652 (D.D.C.). The D.C. Circuit has not yet ruled on Mr. Rashie’s appeal. See generally 24-5080 (D.C. Cir.). 4 imprisonment. J. & Sentencing, ECF No. 187 in 2:14-cr-00725

(C.D. Cal.).4

In the instant case, Mr. Rashie purports to bring a

“Compulsory Counterclaim for Constructive Trust, Equitable

Accounting, Tracing, Disgorgement, and Criminal Contempt”

related to the civil case brought against him in this Court, 15-

cv-00652 (D.D.C.).5 Compl., ECF No. 1 at 3 ¶ 1.6 The allegations

Mr. Rashie makes in his Complaint and “Response to Motion to

Dismiss and Notice and Motion to Amend Complaint by Joinder of

Indispensable Claimants, Defendants/Respondents, and Claims

Under the Trading With The Enemy Act” (“Opposition and Motion to

Amend”) are based in his filing of the false liens and

4 The United States Court of Appeals for the Ninth Circuit has affirmed Mr. Rashie’s conviction and sentence. Mem. & Order, ECF No. 241 in 2:14-cr-00725 (C.D. Cal.). Mr. Rashie has filed numerous other motions in this criminal case, including a purported “Judicial Notice of Joinder to D.D.C.

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