Lt. Col. Donald Sullivan, Update, February 11 2010, Lawsuit, Obama not eligible, North Carolina Board of Elections, NC Secretary of State, Elaine F. Marshall

From Lt. Col Donald Sullivan, February 9, 2010.

FYI – Following are the comments I made verbatim to the court in my last hearing on the Obama eligibility matter.  The hearing was held in Superior Court in Roxboro, NC, on January 4, 2010, at 2:00.  I have attached the motion to amend which was the subject of the hearing and the documents indicated below.  The judge denied the motion, and I objected on constitutional grounds.  I am not planning to appeal.  That is bad news for Obama.  In my opinion, the movement to unseat Obama due to his citizenship may be the only thing keeping him alive.  When the last two cases go away, there will be no other way to get rid of this imposter than the old fashioned way.  I, for one, hope that does not happen. 
If any of you have any ideas for an appeal, I would like to hear them.  Otherwise, this is the end of the road on this subject for me.  The United States is on a dead-end road as far as I am concerned.  In a conversation today with the opposing counsel for the State of NC, I was told that it didn’t look like there was any way for the court to get jurisdiction over this matter such that an order could be issued to accomplish what I was after.  I told her that I agreed with that assessment if the court continues to disregard its constitutional authority and its oath to support and maintain the constitution.  I could almost hear her sigh on the other end of the line.
It is worthy of note that this case was not dismissed for lack of standing, as were so many others.  It would appear the “class action” status cured that.  It’s just too bad we can’t find a constitutional judge. 
DS
 
**************************************8
My comments to the court – Sullivan v. NC Board of Education, Wake County File #08CVS21393, Motion to Amend, Vacate or Alter Order (attached), Superior Court Judge Osmond Smith, III, presiding:
 
Good afternoon, Your Honor, and thank you for hearing this motion to vacate your order in this matter today.  Can I presume that you are familiar with my motion?  First let me remind the court that I am here specially and not generally.  I am not an attorney, nor have I been schooled in the practice of law.  I ask the court to consider the substance of my pleadings and arguments and not the form; as the filings of a litigant acting on his own behalf, such as myself, are not to be held to the same stringent standards as those of a practicing lawyer, pursuant to Haines v. Kerner, 404 US 519.  I appear at law and not of law. I don’t call myself a “Birther”.  I call myself a “constitutionalist”. Without the Constitution, there is no lawful State or federal government.  The Constitution of NC at Art. 1, Sec.5, requires us to follow the federal Constitution.  The federal Constitution requires the office of President be held a natural born citizen at Article II, Section 1, Cl. 6.  The key question before us today is the status of  Barack Obama’s citizenship and whether or not this case can go forward to challenge it.
 
1.                   First, due to the ruling by Judge Cobb this past December in a prior case, I move to voluntarily dismiss the Secretary of State as a defendant, res judicata.
2.                   Presentation of “Born in the USA” – Wong Kim Ark – Three types of citizenship (attached).
3.                   My motion today is based upon new evidence not available to me in our earlier hearing. (Introduce and present exhibits A, B, C, and D as described in the motion.
4.                   I believe the evidence I have introduced today and previously presents a prima facie case that Obama is not eligible for the office of President and was not a viable candidate in the first place.
5.                   Discuss INS affidavit attached to original complaint, my interview with the Secret Service, and “Unintended Consequences”.
6.                   “Overwhelmed by events and by Time”.  I became concerned that our government was no longer bound by the chains of the Constitution many years ago.  But after my hearing before Judge Jim Fox in federal court on March 21, 2003, I knew we were in trouble.  I had filed a case to prevent the war in Iraq due to the failure of the Congress to declare war.  During the House International Affairs Committee review of the Resolution to Authorize the President to use Military Force in Iraq, the chairman, Henry Hyde, said in response to Ron Paul’s amendment that we declare war as required by the Constitution that, “The Constitution has been overwhelmed by events and by time.  It is not relevant.”  I took this denial of the Constitution personally and made it the crux of my complaint.  Although Judge Fox agreed with most of my arguments, he denied my demand for a TRO to order Bush to stop the war which had begun two days earlier.  During the hearing, he admitted that our Constitution was no longer viable, having been overwhelmed by events and by time.  I read to you from the transcript of that hearing.  This quote has been featured in a Hollywood Movie by Aaron Russo.  [I read two pages from the transcript of “Sullivan v. United States, et al, 03CV039, USEDNC, March 21, 2003)
7.                   Read “Obama’s Own Words” (attached).
8.                   Read Judge Smith’s oath to support and maintain the US and NC Constitutions.  Do not raise the “Oath Question”, although Judge Smith’s oath is improper.  State:  “The people elect their judges to support and maintain the Constitution of the United States and that of the State of North Carolina, where it is not in contravention thereto.  An unconstitutional act is void from the beginning.  It creates no office and grants no authority.  (16AmJur2d)
9.                   Your Honor, failure to allow your order to be vacated and this complaint to move forward in a proper form to provide relief from this probable violation to our Constitutional law would be a treasonous act, a violation of our oaths to the Constitution and to the people of this country.  There is a constitutional remedy for my complaint and this court at law has the authority to grant it.  While I have admitted previously that the court has no equity jurisdiction in this matter, it does have jurisdiction at law under the Constitution and the authority to grant the relief I seek.
 
That having been said, it is apparent from the passage of more than a year since I filed this class action complaint for injunctive relief that this is no longer a matter seeking equitable relief, but instead one seeking a remedy at law, in this case constitutional law.  That remedy must be in the form of common law mandamus authority rather than injunctive relief due to the overwhelming events of this past year and the judicial delays starting from day one.  In any event, the relief I am seeking has not changed: An order to the remaining Defendant Board of Elections to validate the eligibility of Barack Obama to be the President of the United States of America.  Therefore, I request this court vacate the order dismissing my complaint and grant leave to amend the complaint as a petition for the common law writ of mandamus in this matter.  Thank you for listening, Your Honor.
 
[After denying my motion, off the record, the judge asked me if there were any more cases out there on the subject of Obama’s eligibility.  I told him there were two that I knew of, the Barnett case in California federal court, and the recently filed Quo Warranto in DC.]
 
10.               Jury demand after positive ruling.  [The judge denied my motion, so I didn’t pursue this option.]
11.               POINT OF ORDER – Oath question after negative ruling.  [I presented the discussion of the impropriety of Judge Smith’s oath, along with nearly all other officers in the State, including attorneys and all grand and petit juries.  He took home with him my written summary of the issue along with a copy of his oath, a proper oath by Judge Allen Cobb, a copy of the oath sheet used by the clerk of Pender County criminal court, copies of NCGS 11-11 and 11-7, and a copy of the oath given to attorneys written by the State Bar.  He and the judicial officers in the court seemed genuinely interested in the arguments presented.  I informed the judge that his privilege of immunity was not in effect until he is properly sworn and the oath filed with the county clerk of court.  He assured me he would research my information and inform me as to what action he would take, if any.]

View motion:

http://www.scribd.com/doc/26718710/Lt-Colonel-Donald-Sullivan-vs-NC-Board-of-Elections-Obama-Lawsuit

Charles Kerchner, Kerchner v Obama, et al, Mario Apuzzo, Lawsuit, Obama not natural born citizen, Obama’s false birth registration in Hawaii, Bill Cunningham Radio Show, Youtube video

Just in from Charles Kerchner, Lead Plaintiff in the Kerchner v Obama lawsuit:

“Charles Kerchner, Lead Plaintiff Kerchner v Obama, explains Obama’s false birth registration in HI is the key to generating all the derivative so called evidence being proffered by Obama, during his appearance on the Bill Cunningham Radio Show, a national talk radio show.

The false registration of Obama’s birth in Hawaii generated all the subsequently displayed and discussed so called evidence, i.e., the newspaper announcement and the newly released index data in the Hawaiian registration system. This radio show was done in early August 2009 but the subject of new information and statements coming out of Hawaii this last week makes this interview relevant and worth re-listening to. All data and statement by and from the Hawaiian Birth Registration office were all based on and premised on what is likely the false REGISTRATION of OBama being born in Hawaii when he was likely born elsewhere since there are no witnesses to his birth in Hawaii, hospital, doctors, or any others. Listen at this link:”

From the YouTube video:

“His grandmother mailed in a form to the birth register in Hawaii, simply stated that Barry was born at home. This way Barry got his citizenship. Later, the birth register printed out registered births for the previous week and sent it to the newspapers. GIGO.

Charles Kerchner, Lead Plaintiff in the Kerchner v Obama & Congress Lawsuit, converts Talk Show Radio Host Bill Cunningham of 700 WLW of Cincinnati, Ohio into a Birther.

Charles Kerchner: “Willie” Cunningham listened to what I had to say and he understood the point I made of how easy it was to fraudulently register a birth as having occured in Hawaii in 1961 and get the birth announcement placed in the paper by the Hawaii Dept of Health, which was routine for all birth registrations, whether truthful and fraudulent registrations by the mother or grandmother. Any birth, real or not, could be done in Hawaii via a mail order form, with no alleged witnesses other than the person signing the form, which was permitted in 1961. I convinced him this needs to be investigated and the original long-form document must be released to document examiners and the public. At the end he said he too was becoming a Birther.””

Kerchner V Obama, Congress, Lawsuit, Update, July 27, 2009, Washington Times National Weekly, Charles Kerchner update

Just in from Charles Kerchner, the plaintiff in the Kerchner V Obama lawsuit, July 27, 2009:

“The below linked full page advertorial is running today in the Washington Times National Weekly edition on page 9.  This is the second week in a row with the British Born additional key point about Obama … one more of his many flaws in his exact citizenship status, i.e., that:

“Obama when born in 1961 was a British Subject”

And of course, as a British Subject at birth, Obama is not eligible to be President and the Commander-in-Chief of our military forces since he is not, and never can be, a “natural born citizen” of the USA as is required under Article II of our Constitution, per the intent of the founders of our nation and framers and legal scholars of our Constitution such as Franklin, Jay, and Washington, and per legal constitutional standards.

http://www.scribd.com/doc/17695670/Kerchner-et-al-v-Obama-Congress-et-al-Advertorial-in-20090727-Issue-Wash-Times-Natl-Wkly-pg-9

If you can, please give some coverage of this new key point in this newer version of the advertorials I have been running, i.e., that Obama was born a British Subject when born in 1961 no matter where he was born. His father was a British Subject and thus under the British Nationality Act of 1948 Obama was a British Subject at birth too.

While we who have been fighting this battle may clearly know and understand that point, most in America do not, nor do they understand the importance of that point as to natural born citizenship status under Article II of our Constitution, to constitutional standards.

Also if you can, please point out that if your readers wish to see more of this type of advertising in a national newspaper on the issue of Obama’s citizenship flaws, that they can now help the cause and contribute to funding the advertorials at:  http://www.protectourliberty.org/  I thank all the patriots who have contributed to-date to make this latest advertorial insertion possible. With help, more will be done.  Thank you.

Sincerely,

Charles F. Kerchner, Jr.
CDR USNR Retired
Lead Plaintiff
Kerchner v Obama & Congress”

As noted by Charles Kerchner:

“If you can, please give some coverage of this new key point in this newer version of the advertorials I have been running, i.e., that Obama was born a British Subject when born in 1961 no matter where he was born. His father was a British Subject and thus under the British Nationality Act of 1948 Obama was a British Subject at birth too.”

Kerchner V Obama, lawsuit, July 13, 2009, Washington Times, Mario Apuzzo, Obama not natural born citizen

** See update from Charles Kerchner below **

Look for this ad in the Washington Times on Monday, July 13, 2009, regarding the Kerchner v Obama lawsuit filed by attorney Mario Apuzzo.

Here is the text of the ad:

 

Obama is NOT an Article II Natural Born Citizen and therefore is NOT Eligible to be President

 
The President and CINC of the USA Must be a .Natural Born. Citizen . U.S. Constitution, Article II, Section 1, Clause 5
No Person except a
natural born Citizen, or
a Citizen of the United
States, at the time of
the Adoption of this
Constitution, shall be
eligible to the Office
of President
Obama’s Father Was
Not a U.S. Citizen, nor
Was He an Immigrant
to the USA, nor Was
He Even a Permanent
Resident of the USA
The Law of
Nations,Vattel, 1758,
Chapter 19, Section 212:
.natural-born citizens, are
those born in the country,
of parents who are citizens.
Article II .Natural Born Citizen. Means Unity of Citizenship At Birth
Article II of our Constitution has a lot
to say about how a would-be President
is born. .Natural born Citizen. status
requires not only birth on U.S. soil but also
birth to parents who are both U.S. citizens
by birth or naturalization. This unity of
jus soli (soil) and jus sanguinis (descent)
in the child at the time of birth assures
that the child is born with sole allegiance
(obligation of delity and obedience to
government in consideration for protection
that government gives (U.S. v. Kuhn, 49
F.Supp.407, 414 (D.C.N.Y)) and loyalty to
the United States and that no other nation
can lay any claim to the child.s (later an
adult) allegiance and loyalty. Indeed,
under such birth circumstances, no other
nation can legally or morally demand
any military or political obligations from
that person. The child, as he/she grows,
will also have a better chance of not
psychologically struggling with conicted
allegiance and loyalty to any other nation.
Unity of citizenship is based on the
teachings of the law of nature (natural law)
and the law of nations, as conrmed by
ancient Greek and Roman law; American,
European, and English constitutions,
common and civil law, and statutes; and
Vattel.s, The Law of Nations, all of which
the Founding Fathers read and understood.
These sources have taught civilizations
from time immemorial that a person
gains allegiance and loyalty and therefore
attachment for a nation from either being
born on the soil of the community dening
that nation or from being born to parents
who were also born on that same soil
or who naturalized as though they were
born on that soil. It is only by combining
at birth in the child both means to inherit
these two sources of citizenship that the
child by nature and therefore also by
law is born with only one allegiance and
loyalty to and consequently attachment
for only the United States.

 
Our Constitution requires unity of U.S.
citizenship from birth only for the Ofce
of President and Commander in Chief of
the Military, given the unique nature of
the position, a position that empowers
one person to decide whether our national
survival requires the destruction of or a
nuclear attack on or some less military
measure against another nation or group.
It is required of the President because such
a status gives the American people the
best Constitutional chance that a wouldbe
President will not have any foreign
inuences which because of conict of
conscience can most certainly taint his/
her critical decisions made when leading
the nation. Hence, the special status is
a Constitutional eligibility requirement
to be President and thereby to be vested
with the sole power to decide the fate
and survival of the American people.
Of course, the status, being a minimum
Constitutional requirement, does not
guarantee that a would-be President will
have love and fealty only for the United
States. Therefore, the nal informed and
intelligent decision on who the President
will be is left to the voters, the Electors,
and Congress at the Joint Session, to
whom hopefully responsible media and
political institutions will have provided
all the necessary vetting information
concerning the candidate.s character and
qualications to be President.
Through historical development, unity of
citizenship and sole allegiance at birth is
not required for U.S. born citizen Senators,
Representatives, and regular citizens under
the 14th Amendment and Congressional
enactments. In contradiction and which
conrms the Founding Fathers. meaning
of what a .natural born Citizen. is,
naturalized citizens, since 1795, before
becoming such must swear an oath that
they renounce all other allegiances to
other nations. During the Washington

 
Administration, the First Congress
passed the Naturalization Act of 1795 in
which it provided that new citizens take
a solemn oath to support the Constitution
and .renounce. all .allegiance. to
their former political regimes. This is
during the time that most of the Framers
were alive and still actively involved in
guiding and forming the new national
government and Constitutional Republic.
Today, we still require that an alien upon
being naturalized must give an oath that
he/she renounces all former allegiances
and that he/she will .support and defend
the Constitution and laws of the United
States of America against all enemies,
foreign and domestic.. Hence, allegiance
is not simply a thing of the past but very
much with us today. It is important to
also understand that naturalization takes
an alien back to the moment of birth and
by law changes that alien.s birth status.
In other words, naturalization, which by
legal denition requires sole allegiance to
the United States, re-creates the individual
as though he were a born Citizen but only
does it by law and not by nature. This
is the reason that the 14th Amendment
considers a naturalized person to be a
.citizen. of the United States and not
a .natural born Citizen. of the United
States. This recreation of birth status
through naturalization which also existed
under English common law also probably
explains why John Jay underlined the
word .born. when he recommended to
General Washington that only a .natural
born Citizen. (as to say born in fact, by
nature, and not by law) be allowed to
be President. Consequently, naturalized
citizens stand on an equal footing with
born Citizens (who are so recognized and
conrmed by the 14th Amendment or by
an Act of Congress and who can be but
not necessarily are also .natural born
Citizens.) except that they cannot be
President or Vice President, for they were

 
born with an allegiance not owing to the
United States and acquire that allegiance
only after birth. Surely, if a naturalized
citizen, even though having sole allegiance
to the United States, is not Constitutionally
eligible to be President, we cannot expect
any less of someone who we are willing
to declare so Constitutionally eligible.
The Founding Fathers emphasized
that, for the sake of the survival of the
Constitutional Republic, the Ofce of
President and Commander in Chief of the
Military be free of foreign inuence and
intrigue. It is the .natural born Citizen.
clause that gives the American people the
best ghting chance to keep it that way for
generations to come. American people do
not have the Constitutional right to have
any certain person be President. But for the
reasons stated above, minimally they do
have a Constitutional right to protect their
liberty by knowing and assuring that their
President is Constitutionally eligible and
qualied to hold the Ofce of President
and Commander in Chief of the Military.

 
. Mario Apuzzo, Esq.
Obama is not Article II Constitutionally
eligible to be President. Q.E.D.
. Charles F. Kerchner, Jr., Lead Plaintiff
Commander USNR Retired

 

If you would like to help with
this lawsuit, please contact
Mario Apuzzo, Esq.
185 Gatzmer Avenue
Jamesburg NJ 08831
Email: apuzzo@erols.com
TEL: 732-521-1900
FAX: 732-521-3906
BLOG: http://puzo1.blogspot.com
Paid for by: Concerned Americans contributing at ProtectOurLiberty.org in support of the Kerchner et al v Obama & Congress et al lawsuit.

 

** Update and clarification from Charles Kerchner 7/13/09 **

“To clarify and help people find the correct newspaper in print, you may wish to change the headline to read, “Washington Times National Weekly edition”, instead of just using the name Washington Times.  Some may think it is in the daily paper which it is not, and buy the wrong paper.  I chose the National Weekly edition since it reaches all the movers and shakers nationwide.  It is sold in major book store news stands.  It also has about 100,000 paid subscribers nationwide who in general are the very political aware people in this country. It is also read by leading conservative writers and spokes people on radio and TV.  I hope it stirs things up in DC.”

Charles F. Kerchner, Jr.
CDR USNR Retired
Lehigh Valley PA
Lead Plaintiff
Kerchner v Obama & Congress

Kerchner v Obama, Mario Apuzzo, Lawsuit, Update, May 18, 2009, Declaration Opposing Defendants’ Motion to Extend Time to Answer or Otherwise Move as to the Amended Complaint Returnable June 1, 2009

From Mario Apuzzo website,  May 18, 2009:

“Monday, May 18, 2009

Declaration Opposing Defendants’ Motion to Extend Time to Answer or Otherwise Move as to the Amended Complaint Returnable June 1, 2009

Activity in Kerchner et al v Obama & Congress et al Lawsuit – On 18 May 2000 I filed a Declaration Opposing Defendants’ Motion to Extend Time to Answer or Otherwise Move as to the Amended Complaint Returnable June 1, 2009. The defendants have already had almost three months to answer, move, or otherwise respond. Regular citizen defendants get 20 days. The government normally gets 60 days. They have already had almost 90 days. What they are asking for would get them to over 120 days before having to answer or otherwise move. In our opinion, they have had an adequate amount of time to answer or move or other wise respond. Thus I have filed our opposition to any further extensions of time to answer or otherwise move on this case. More on that in a subsequent post.

Link to a copy of the Declaration Opposing Defendants’ Motion:
http://www.scribd.com/doc/15610545/

Link to view Advertorial on page 11 in 18 May 2009 edition of Washington Times National Weekly:
http://www.scribd.com/doc/15611836/

Mario Apuzzo, Esq.
185 Gatzmer Avenue
Jamesburg NJ 08831
Email: apuzzo [AT] erols.com
TEL: 732-521-1900 ~ FAX: 732-521-3906
BLOG: http://puzo1.blogspot.com”

More here:

http://puzo1.blogspot.com/

Defend our Freedoms Foundation, TN State Representative, Eric Swafford, Tennessee, Dr Orly Taitz, Eric Swafford plaintiff, Lawsuit, Obama not eligible

From Dr. Orly Taitz website, Defend our Freedoms Foundation:

 

“DEFENDOURFREEDOMS.US

First State Representative Joins Action!

Representative Eric Swafford of Tennessee has agreed to be a Plaintiff in a legal action of Dr. Orly Taitz, ESQ to demand that Barack Obama proves his eligibility.

Download a copy of Representative Swafford’s consent form and bring it to your representatives today and insist they join in this action.

Representative Swafford proposed bill for Tennessee’s soveignty yesterday.

More States are expected to follow soon.”

Read more here:

http://defendourfreedoms.us

Philip J Berg, Lawrence J. Joyce, Esquire, Retired Colonel Hollister, Lawsuit, December 30, 2008, Obama’s lack of qualifications challenged, Gregory S. Hollister, Hollister has Standing, Interpleader lawsuit, Burden of proof on Obama

Philip J Berg has a new lawsuit challenging Obama’s eligibility:

“12/30/08: Press Release – DETERMINED to have the TRUTH regarding OBAMA that he is NOT “NATURAL BORN” and therefore NOT constitutionally QUALIFIED to be PRESIDENT BERG files a lawsuit on behalf of a RETIRED COLONEL The lawsuit is an “Interpleader” that shifts the burden of proof to OBAMA Further, OBAMA is named as “BARRY SOETORO” as that is his “real” name when he was legally adopted in Indonesia

(Contact information and PDF at end)
For Immediate Release:  – 12/30/08

(Lafayette Hill, PA – 12/30/08) – Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States which is pending in the U.S. Supreme Court [Docket No. 08 – 570] with two [2] Conferences scheduled on January 9th and 16th 2009, filed suit against Barry Soetoro a/k/a Obama on behalf of a Retired Military Colonel.

Berg today, with co-counsel Lawrence J. Joyce, Esquire, filed another lawsuit in Federal Court in the United States District for the District of Columbia on behalf of Retired Colonel Hollister against Barry Soetoro a/k/a Barack Hussein Obama demanding to know Obama’s real name and if he is constitutionally qualified to be President. Plaintiff, Gregory S. Hollister, is a resident of Colorado Springs, Colorado and Hollister has “standing” and needs a decision so he knows whether or not to follow any Order of Soetoro a/k/a Obama.

The suit is in the nature of an Interpleader that shifts the burden of proof to the Defendants, Soetoro a/k/a Obama and Biden to show that they are “qualified” for office.

Berg stated, “I am determined, on behalf of the 320 million citizens in the United States, to see that “our U.S. Constitution” is followed. Specifically, in the case of Soetoro a/k/a Obama, does he meet the constitutional qualifications for President ? I do not believe so based upon: 1) Obama was born in Kenya and because his mother was not nineteen [19], he was only “naturalized” and therefore, not qualified to be President; 2) Obama was legally adopted/acknowledged in Indonesia at the approximate age of six [6] and attended school as “Barry Soetoro,” [his step-father is Lolo Soetoro] for four [4] years – Indonesia did not have dual citizenship and to attend school, he had to be adopted or acknowledged and he became a “natural” citizen of Indonesia; 3) when he returned to Hawaii at age ten [10], there is a question if he returned through U.S. Immigration – (a) if he did, Barry Soetoro would have been given a “Certification of Citizenship” that would have indicated he was a “naturalized” U.S. citizen since he was a “natural” citizen of Indonesia; or (b) if he did not go through immigration, which I believe, then Soetoro a/k/a Obama is an illegal alien and therefore, not constitutionally qualified to be President and his three [3] years as an U.S. Senator were a fraud.”

Berg continued, “I am appalled that the main stream media continues to ignore this issue as we are headed to a ‘Constitutional Crisis.’ There is nothing more important than our U.S. Constitution and it must be enforced. I am encouraged that the U.S. Supreme Court has scheduled two [2] Conferences to look into the merits of our allegations. I know that Mr. Obama is not a constitutionally qualified ‘natural-born’ citizen and therefore, is ineligible to assume the Office of the President of the United States.

Obama, knows he is not ‘natural born’ as he knows where he was born and he knows he was legally adopted/acknowledged in Indonesia; is an attorney, Harvard Law head of the Law Review and graduate who taught Constitutional law; knows the Obama candidacy is the biggest ‘hoax’ attempted on the citizens of the United States in over 200 years; places our Constitution in a ‘crisis’ situation; and Obama is in a situation where he can be blackmailed by leaders around the world.”

Berg concluded, “I will continue my efforts until Obama either proves he is qualified or does the right thing and states that he is proud that he, an African American, received more votes than anyone else in the Presidential election on November 4, 2008, but because of things in his past, he must withdraw his name.”

For copies of all Court Pleadings, go to obamacrimes.com
For Further Information Contact:

Philip J. Berg, Esquire           
555 Andorra Glen Court, Suite 12                                                     
Lafayette Hill, PA 19444-2531
(610) 825-3134
(800) 993-PHIL  [7445]
Fax (610) 834-7659
Cell (610) 662-3005

philjberg@obamacrimes.com     “

2008 Election Certificate of Vote, Electoral College Electors, California example, Secretary of State, US Constitution, Governor, Alan Keyes, Lawsuit, Obama not eligible, Citizen Wells, Democratic Disaster, December 16, 2008

“Ignorance is not bliss.”

“Knowledge is Power.”

The Citizen Wells blog and many other citizens have been busy for months
informing state officers, election officials, Electoral College Electors
and judges of eligibility issues surrounding Barack Obama and reminding
those people of their duty under the US Constitution, federal and state
laws. Despite these warnings and reminders, the states have plodded along
based on tradition, ignorance and party politics. Numerous lawsuits in
state and federal courts as well as the US Supreme court should have served
as a huge warning that something was wrong. We need someone like Harry
Truman to remind everyone that “The buck stops here.”

The Electoral College met yesterday and the next step in the process is for
state officials to prepare a certificate of vote and send it to the US Senate
and other locations described below. This is a very important document and in
highest sense of the word a legal document. The format of the document is
left up to the states. Remember, all of those people involved in the election
process are sworn to uphold the US Constitution. However, some of the states
have wording in their documents as a reminder of the obligation to uphold
the various laws.

We will focus on California for multiple reasons.

The following is taken from the 2004 certificate of vote:

“pursuant to the Constitution and the laws of the United States
and the state of california, do hereby certify”

From the dictionary:

pursuant to

in conformance to or agreement with; “pursuant to our agreement”; “pursuant to the dictates of one’s conscience”  

Now consider the following:

Electoral College Questions and Answers

Citizen Wells letter to Electoral College Electors

The Alan Keyes lawsuit is still alive questioning the eligibility
of Barack Obama.

The CA Secretary of State was contacted by the Citizen Wells blog,
the Democratic Disaster organization and numerous other entities.

It is clear to even a casual observer that Barack Obama is not
eligible to be president and that Electors in CA and throughout
the nation, despite compelling evidence that Obama is not eligible,
plodded along and engaged in the worst kind of party politics, and
violated the US Constitution.

2004 CA Certificate of Vote

Electoral College Vote and subsequent procedures:

4.   Hold the Meeting of Electors
On the first Monday after the second Wednesday in December (December 15, 2008), the electors meet in their respective States. Federal law does not permit the States to choose an alternate date for the meeting of electors – it must be held on December 15, 2008. The State legislature may designate where in the State the meeting will take place, usually in the State capital. At this meeting, the electors cast their votes for President and Vice President.

If any electors are unable to carry out their duties on the day of the Electoral College meeting, the laws of each State would govern the method for filling vacancies. Any controversy or contest concerning the appointment of electors must be decided under State law at least six days prior to the meeting of the electors.

See Title 3, Section 6 of the U.S. Code
There is no Constitutional provision or Federal law requiring electors to vote in accordance with the popular vote in their States. Some States have such requirements.

5.   Prepare the Certificate of Vote
Federal law does not govern the general appearance of the Certificate of Vote. The format is determined under the law or custom of the submitting State. The electors must execute six Certificates of Vote. Federal law requires that the Certificates be prepared and authenticated in the following manner:
The Certificates of Vote must contain two distinct lists, one for President and one for Vice President.
The Certificates must list all persons who received electoral votes for President and the number of electors who voted for each person.
The Certificates must list all persons who received votes for Vice President and the number of electors who voted for each person.
The Certificates do not contain the names of persons who did not receive electoral votes.
Each of the six Certificates of Vote must be signed by all of the electors.

One of the six Certificates of Ascertainment provided to the electors by the Governor must be attached to each of the six Certificates of Vote.

Finally, each of the six pairs of Certificates must be sealed and certified by the electors as containing the list of electoral votes of that State for President and Vice President.
6.   Distribute the Paired Certificates of Vote and Certificates of Ascertainment
The six pairs of Certificates must be sent to the designated Federal and State officials as follows:
One is sent by registered mail to:
The Honorable Richard B. Cheney
President of the United States Senate
The Capitol
Washington, DC 20510

Two are sent by registered mail to:
Allen Weinstein
Archivist of the United States
National Archives and Records Administration
c/o Office of the Federal Register (NF)
8601 Adelphi Road
College Park, MD 20740-6001

Two are sent to:

The Secretary of State of each State.

One of these is held subject to the order of the President of the United States Senate or the Archivist of the United States in case the electoral votes fail to reach the Senate or the Archivist.
The other one is to be preserved by the Secretary of State for public inspection for one year.
One is sent to:

The Chief Judge of the Federal District Court located where the electors meet.

It is held subject to the order of the President of the United States Senate or the Archivist of the United States in case the electoral votes fail to reach the Senate or the Archivist.
The statutory deadline for the designated Federal and State officials to receive the electoral votes is December 24, 2008. Because of the very short time between the meetings of the electors in the States on December 15 and the December 24 statutory deadline, followed closely by the counting of electoral votes in Congress on January 6, 2009, it is imperative that the Certificates be mailed as soon as possible.

We strongly recommend that the sealed pairs of Certificates be taken to the Post Office on December 15, or no later than the morning of December 16, to minimize delays that could occur during the holiday mail season. Some States may find it useful to alert their local Postmaster to the extraordinarily important nature of the mailing. When the paired Certificates of Vote and Certificates of Ascertainment have been delivered to the designated Federal and State officials, the States’ Electoral College duties are complete.

Prior to the election this year, the Legal Staff of the Office of the Federal Register will telephone Secretaries of State and other election officials to establish contact with the States and assure the smooth operation of the Electoral College process.

Read more here:

http://www.archives.gov/federal-register/electoral-college/state_responsibilities.html#vote

 

Obama, Barry Soetoro, Indonesian school records, Obama is Indonesian, Philip J Berg, lawsuit, Obama ineligible to be president

Below are Indonesian school records for Barry Soetoro, aka, Barack Obama. This is some, but by no means all, of the evidence that Barack Obama was and is an Indonesian citizen, regardless of where he was born.

  

Philip J Berg, Obama not qualified, Lawsuit, Federal Court, Obama not US citizen, Latest Docket entries, Answer due 9/24/2008

I received an email containing the latest docket entries regarding the Philip J Berg lawsuit against Barack Obama, the DNC and the FEC. The origin of the docket entries information is apparently Philadelphia Roof Doctor on pub10.bravenet.com/forum. The information has not been confirmed by Mr. Berg but is believed to be true. The Docket entries indicate that an answer is due from Obama by 9/24/2008, September 24, 2008. Here is the Docket Entries information as received:

“Affidavit of Service of BRANDON A. SNESKO re: service of Alias Summons and Complaint, Memorandum in Support of Plaintiff’s Motion for Temporary Restraining Order and for Expedited Discovery; Plaintiff’s Motion for Temporary Restraining Order and for Expedited Discovery upon INDIRA HENRAD on behalf of DEFENDANT BARACK OBAMA, and upon AMANDA LAFORGE on behalf of DEFENDANT THE DEMOCRATIC NATIONAL COMMITTEE by PERSONAL SERVICE on 9/4/2008, answer due 9/24/2008. (jpd). (Entered: 09/09/2008 )”

Date Filed # Docket Text
08/21/2008 1 COMPLAINT against all defendants ( Filing fee $ 350 receipt number 951001.), filed by PHILIP J. BERG.(tj, ) (Entered: 08/22/2008)
08/21/2008 2 MOTION FOR TEMPORARY RESTRAINING ORDER AND FOR EXPEDITED DISCOVERY filed by PHILIP J. BERG,MEMORANDUM. (Attachments: # 1 Memorandum)(tj, ) (Entered: 08/22/2008)
08/21/2008 Summons 5 Issued; 4 Mailed to counsel and 1 Forwarded to the U.S. Attorney’s Office 8/22/08 as to BARACK OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE, THE FEDERAL ELECTION COMMISSION. (tj, ) (Entered: 08/22/2008)
08/21/2008 DEMAND for Trial by Jury by PHILIP J. BERG. (tj, ) (Entered: 08/22/2008)
08/22/2008 3 Minute Entry for TRO Hearing held before HONORABLE R. BARCLAY SURRICK held on 8/22/08. ESR. M. FINNEY: MR. BERG ADDRESSES THE COURT. COURT DENIED PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER. (jpd) (Entered: 08/22/2008)
08/22/2008 4 ORDER THAT UPON CONSIDERATION OF PLAINITFF’S MOTION FOR TEMPORARY RESTRAINING ORDER (DOC. NO. 2) AND AFTER HAVING A HEARING IN OPEN COURT IT IS ORDERED THAT THE MOTION IS DENIED. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 8/22/08. 8/22/08 ENTERED AND COPIES FAXED FROM CHAMBERS. (jpd) (Entered: 08/22/2008)
08/22/2008 5 Acceptance of Service by U.S. Attorney Re: accepted summons and complaint for THE FEDERAL ELECTION COMMISSION on 8/22/2008, answer due 10/21/2008. (jpd) (Entered: 08/25/2008)
09/02/2008 6 Praecipe for Reissuance of Summons by PHILIP J. BERG. (BERG, PHILIP) Modified on 9/3/2008 (le, ). (Entered: 09/02/2008)
09/03/2008 2 Original Alias Summons Issued as to DEFENDANTS BARACK HUSSEIN OBAMA, DEMOCRATIC NATIONAL CONVENTION. Forwarded to Counsel on 9/3/08 (jpd, ) (Entered: 09/03/2008)
09/09/2008 7 Affidavit of Service of BRANDON A. SNESKO re: service of Alias Summons and Complaint, Memorandum in Support of Plaintiff’s Motion for Temporary Restraining Order and for Expedited Discovery; Plaintiff’s Motion for Temporary Restraining Order and for Expedited Discovery upon INDIRA HENRAD on behalf of DEFENDANT BARACK OBAMA, and upon AMANDA LAFORGE on behalf of DEFENDANT THE DEMOCRATIC NATIONAL COMMITTEE by PERSONAL SERVICE on 9/4/2008, answer due 9/24/2008. (jpd). (Entered: 09/09/2008)

For more information on the lawsuit by Philip J Berg visit:

http://www.obamacrimes.com

Get updates on the lawsuit, Larry Sinclair story and other matters relating to Obama here:

http://twitter.com/citizenwells