Case 1:16-cv-00188-MW-GRJ Document 1 Filed 05/25/16 Page 1 of 4

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

STATE OF FLORIDA,
v.

Case No. 1:16-cv-188

TERRY G. TRUSSELL,
Defendant.

NOTICE OF REMOVAL
Pursuant to 28 U.S.C. 1442 and 1446, non-party subpoena recipient the
Honorable Ted S. Yoho, U.S. Representative for the 3d congressional district of
Florida, hereby removes to this Court the subpoena ad testificandum issued to him
by the Circuit Court in and for Dixie County, Florida, Criminal Division. See Ex.
1 (Subpoena to Congressman Ted Yoho). In the underlying action, defendant
Terry G. Trussell is being prosecuted for impersonation of a public officer,
intimidating public officials, and unlawful use of simulated legal process, with a
trial date set for June 6, 2016. See Ex. 2 (Information, State of Florida v. Trussell,
Case No. 2014-201-CF (Fla. Cir. Ct. 2014)). Mr. Trussell served the removed trial
subpoena ad testificandum on April 28, 2016. See Ex. 3 (Letter from Todd B.
Tatelman, Sr. Asst. Counsel, Office of General Counsel, to Inger M. Garcia, Esq.
(Apr. 28, 2016)).

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Removal is appropriate pursuant to 28 U.S.C. 1442(a), inasmuch as

Congressman Yoho (1) has been subpoenaed regarding events that occurred during
the discharge of his official duties and relating to actions taken under color of his
office as a Member of Congress, and (2) can raise one or more colorable federal
defenses to the relevant subpoenas, including (a) sovereign immunity, and (b) his
status as non-party, high-ranking government official, which dictates that, absent
extraordinary circumstances, he cannot be compelled to testify.
Contemporaneously with the filing of this Notice with this Court, a copy of
the Notice is being lodged with the Clerk of the Circuit Court in and for Dixie
County, Florida, Criminal Division. See 28 U.S.C. 1446(d).
Respectfully submitted,
WILLIAM PITTARD, D.C. Bar No. 482949
Acting General Counsel
/s/ Todd B. Tatelman
TODD B. TATELMAN, VA Bar No. 66008
Senior Assistant Counsel
ELENI M. ROUMEL, N.Y. Bar No. 3978863
Assistant Counsel
ISAAC B. ROSENBERG, D.C. Bar No. 998900
Assistant Counsel
KIMBERLY HAMM
Assistant Counsel, D.C. Bar No. 1020989

Case 1:16-cv-00188-MW-GRJ Document 1 Filed 05/25/16 Page 3 of 4

OFFICE OF GENERAL COUNSEL

U.S. HOUSE OF REPRESENTATIVES 1
219 Cannon House Office Building
Washington, D.C. 20515
(202) 225-9700 (telephone)
(202) 226-1360 (facsimile)
Todd.Tatelman@mail.house.gov
Counsel for the Honorable Ted S. Yoho, U.S.
Representative for the 3d congressional district of
Florida
May 25, 2016

Attorneys for the Office of General Counsel for the U.S. House of
Representatives are entitled, for the purpose of performing the counsels
functions, to enter an appearance in any proceeding before any court of the United
States or of any State or political subdivision thereof without compliance with any
requirements for admission to practice before such court. 2 U.S.C. 5571(a).

Case 1:16-cv-00188-MW-GRJ Document 1 Filed 05/25/16 Page 4 of 4

CERTIFICATE OF SERVICE
I hereby certify that on May 25, 2016, I filed one copy of the foregoing
Notice of Removal in the U.S. District Court for the Northern District of Florida
by CM/ECF. I further certify that I served one copy by first class mail, postage
prepaid, and via electronic mail on:
Inger M. Garcia, Esq.
Garcia Legal Group, P.A.
4839 Volunteer Road #514
Fort Lauderdale, Florida 33330
attorney@ingergarcia.com
Counsel for Defendant, Terry G. Trussell

/s/ Sarah Clouse

Sarah Clouse