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Dmt MacTruong v. Donald J. Trump, President of the United States, et al.

IFP petition · United States Court of Appeals for the Second Circuit, No. 25-624 · judgment June 20, 2025


Dismissed · December 8, 2025

Questions presented

  1. Does Appellant-Petitioner, a U.S. citizen, living in one State of the Union, have standing to commence a civil action for a declaratory order/opinion pursuant to Rule 57 of the FRCvP against an individual or a group of individuals, some of whom patently lie, deceive, or even are convicted felons, for having lied, cheated, deceived, or defrauded, in (i) undisputed violation of the most fundamental rules of the U.S. Constitution, such as principles of due process, reliability, predictability, non-retroactivity of new legislation, separation of powers, checks and balances, good faith, transparency, integrity, justice, fairness, impartiality, or (ii) in violation of such basic rights to life, liberty, justice, equality, property, privacy, the pursuit of happiness, that the U.S. Constitution guarantees to all, not a few, privileged U.S. citizens?

  2. Does the U.S. Constitution grant Congress or the President or the U.S. Supreme Court, or all three branches of the Government combined the exclusive power to designate a specific group of officials the most known of them are the U.S. Attorney General, U.S. Attorneys, or Assistant U.S. Attorney the exclusive power to prosecute anybody reasonably suspected of violating the U.S. Constitution or federal law?

  3. Does the U.S. Constitution or any federal law strictly prohibit the practice of the common law theory of “Citizen Arrest,” or for that matter, the new DMT theory of “CITIZEN PROSECUTION,” meaning any U.S. Citizen having personal or public knowledge and reasonable evidence in support of any other U.S. citizen, including such U.S. Governmental official or employee as the President or Vice President or other cabinet members of the President, or members of Congress or Judges of federal Court, or U.S. Attorney General, or U.S. Attorneys, or Assistant U.S. Attorneys, all of whom, before they take office, are sworn in to preserve, protect, and defend every provision of the U.S. Constitution to the best of their ability without any mental reservation, has the right and duty to commence a civil action for a declaratory order/opinion pursuant to Rule 57 of the FRCvP against the latter for the ultimate sake of preserving, protecting, and defending together the democracy, republic, and freedom of the American people?

Counsel of record

For petitioner
Dmt MacTruong

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 08 2025
    The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. Justice Alito took no part in the consideration or decision of this motion and this petition.
  2. Nov 13 2025
    DISTRIBUTED for Conference of 12/5/2025.
  3. Nov 10 2025
    Waiver of right of respondent Federal Respondents to respond filed.
  4. Sep 08 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 10, 2025)