All Entries Tagged With: "citizenship"
Congressman says: Prove eligibility
Posted: May 13, 2009 11:00 pm Eastern By Bob Unruh © 2009 WorldNetDaily
Virginia representative signs onto plan to demand evidence
Now there are two.
A Virginia congressman, very quietly, has signed onto a measure in Congress that would require presidential candidates to verify their eligibility to hold the highest elected office in the United States.
WND earlier reported when freshman Rep. Bill Posey, R-Fla., filed H.R. 1503, an amendment to the Federal Election Campaign Act of 1971.
According to the Library of Congress’ bill-tracking website, H.R. 1503 would "require the principal campaign committee of a candidate for election to the office of president to include with the committee’s statement of organization a copy of the candidate’s birth certificate, together with such other documentation as may be necessary to establish that the candidate meets the qualifications for eligibility to the Office of President under the Constitution."
The plan has been referred to the House committee on House administration, where it has remained.
Now, Virginia Republican Bob Goodlatte has signed on as a co-sponsor, putting a notice on his website that it’s one of the efforts in which he’s joining.
"Another man with a spine – there are at least two up there on the Hill," wrote a WND reader who has followed the Posey plan.
Get the new Whistleblower magazine, called "YOUR PAPERS, PLEASE? Why dozens of lawsuits and millions of Americans want Barack Obama to prove he’s constitutionally qualified to be president."
George Cecala, a spokesman for Posey office, told WND that constituents had been calling, questioning whether Barack Obama – who has publicized a Certificate of Live Birth, but not his official birth certificate – has demonstrated that he meets the Constitution’s requirement to be a natural-born citizen.
"Those are legitimate constitutional concerns," Cecala said. "Folks have brought the issue up, and the court really hasn’t clarified. And I think American citizens have a right to have answers from their government."
Where’s the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, join more than 365,000 others and sign up now!
"When 7-year-olds play soccer in Brevard County, to be in Little League they have to prove their residency," Cecala said. "To be president there are three requirements: one is citizenship, two is the age of 35, and three, you have to have been a resident for 14 years. We’re simply saying when you file your statement of candidacy with the FEC, you should also file documentation that you fulfill the three requirements to be president.
"Opponents of President Bush used the 2000 election results and the court decisions to question the legitimacy of President Bush to serve as president," explained Rep. Posey in an official statement. "Opponents of President Obama are raising the birth certificate issue as a means of questioning his eligibility to serve as president. Neither of these situations is healthy for our republic. This bill, by simply requiring such documentation for future candidates for president will remove this issue as a reason for questioning the legitimacy of a candidate elected as president."
Goodlatte appeared to have issued no such formal announcement as he signed onto the plan.
WND has reported on dozens of legal challenges to Obama’s status as a "natural born citizen." The Constitution, Article 2, Section 1, states, "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."
Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama’s American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.
Other challenges have focused on Obama’s citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.
Complicating the situation is Obama’s decision to spend sums estimated in the hundreds of thousands of dollars to avoid releasing a state birth certificate that would put to rest all of the questions.
Although Obama officials have told WND all such allegations are "garbage," here is a partial listing and status update for some of the cases over Obama’s eligibility:
* New Jersey attorney Mario Apuzzo has filed a case on behalf of Charles Kerchner and others alleging Congress didn’t properly ascertain that Obama is qualified to hold the office of president.
* Pennsylvania Democrat Philip Berg has three cases pending, including Berg vs. Obama in the 3rd U.S. Circuit Court of Appeals, a separate Berg vs. Obama which is under seal at the U.S. District Court level and Hollister vs. Soetoro a/k/a Obama, (now dismissed) brought on behalf of a retired military member who could be facing recall to active duty by Obama.
* Leo Donofrio of New Jersey filed a lawsuit claiming Obama’s dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.
* Cort Wrotnowski filed suit against Connecticut’s secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.
* Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state’s 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public’s support.
* Chicago lawyer Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama’s vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.
* Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama’s eligibility could be confirmed, alleging doubt about Obama’s citizenship. His case was denied.
* In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.
* Also in Ohio, there was the Greenberg v. Brunner case which ended when the judge threatened to assess all case costs against the plaintiff.
* In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama’s citizenship. The case was denied.
* In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama’s birth certificate. His request for an injunction against Georgia’s secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.
* California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters. She also has brought forward several other cases and has conducted several public campaigns to generate awareness of the issue.
* In Texas, Darrel Hunter vs. Obama later was dismissed.
* In Ohio, Gordon Stamper vs. U.S. later was dismissed.
* In Texas, Brockhausen vs. Andrade.
* In Washington, L. Charles Cohen vs. Obama.
* In Hawaii, Keyes vs. Lingle, dismissed.
Keyes to appeal case on Obama’s eligibility
Keyes to appeal case on Obama’s eligibility. By Bob Unruh © 2009 WorldNetDaily
A lawsuit filed on behalf of Ambassador Alan Keyes, a candidate for president on California’s general election ballot last year, challenging President Obama’s eligibility to hold office under the requirements of the U.S. Constitution will be appealed, according to a lawyer working on the case.
WND reported earlier on the case being filed and then again when a judge dismissed it after concluding anyone can run for president on the California ballot – whether or not they are eligible under the Constitution of the United States.
Judge Michael P. Kenny said the secretary of state, who is responsible for election laws in the state, has no "duty" to demand proof of eligibility from candidates.
But now Gary Kreep of the United States Justice Foundation has confirmed to WND the case will be appealed.
"The judge’s ruling in the case that only Congress and only on Jan. 6 of each year following a presidential election can object as to whether the nominee is eligible to serve as president of the United States is, in our opinion, completely wrong and eviscerates the [Constitutional] requirements for serving as president in the United States Constitution," Kreep said.
Where’s the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, join some 350,000 others and sign up now!
"It has been publicly reported that Mr. Obama as far back as 2006 had a relationship to a law firm that was coincidentally researching ways to get around the Article 2 requirements of the U.S. Constitution for service as president," he said.
"This appears to be an ongoing attempt by Mr. Obama to obtain the presidency while avoiding and evading all questions on his eligibility," he said.
Kreep said the judge’s ruling leaves open the option for any candidate, resident or not, alive or not, to run for the office of president.
"California has a history of removing people from the ballot who are not qualified to run for president," Kreep said. "The most famous case being Eldridge Cleaver."
"It is incumbent upon us here at the USJF to continue this fight to learn the truth," he said.
In the court’s decision to dismiss the case, the judge rejected concerns over the problems that could result if a president was found to be ineligible.
"If Mr. Obama is not constitutionally eligible to serve as president of the United States, then no act that he takes is, arguably, valid, the laws that he signs would not be valid, the protective orders that he signs would be null and void, and every act that he takes would be subject to legal challenge, both in courts of the United States of America, and in international courts, and that, therefore, it is important for the voters to know whether he, or any candidate for president in the future, is eligible to serve in that office," the case explained.
The case documents previously explained that in 1968 the Peace and Freedom Party submitted the name of Eldridge Cleaver as a qualified candidate for president. But then-Secretary of State Frank Jordan "found that, according to Mr. Cleaver’s birth certificate, he was only 34 years old, one year shy of the 35 years of age needed to be on the ballot as a candidate for president."
USJF explained that "using his administrative powers, Mr. Jordan removed Mr. Cleaver from the ballot. Mr. Cleaver unsuccessfully challenged this decision to the Supreme Court of the State of California, and, later, to the Supreme Court of the United States."
The USJF said similarly, in 1984, Peace and Freedom Party candidate Larry Holmes was removed from the ballot.
WND has reported on dozens of legal challenges to Obama’s status as a "natural born citizen." The Constitution, Article 2, Section 1, states, "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."
Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama’s American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.
Other challenges have focused on Obama’s citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.
Further, others question his citizenship by virtue of his attendance in Indonesian schools during his childhood and question on what passport did he travel to Pakistan three decades ago.
Adding fuel to the fire is Obama’s persistent refusal to release documents that could provide answers. While his supporters cite an online version of a "Certification of Live Birth" from Hawaii, critics point out such documents actually were issued for children not born in the state.
Keyes has been critical of judges’ refusal to listen to evidence in the disputes and suggestions that those who bring such allegations for review should be penalized..
"In the final analysis if the courts refuse to respect the Constitution, they are not the judges of their own action. The people must ultimately decide. Which is why I and others will use every outlet to inform them of the injustice being done not just to individuals but to the sovereign people as a whole," Keyes said.
In a commentary on the dispute, Keyes wrote that the suggestion of sanctions against those who bring up the questions, already raised as an issue by Obama’s lawyers in his case, "confirms Obama’s ruthless determination to destroy anyone who continues to seek the information the Constitution requires.
"Why should they demand penalties against citizens who are simply seeking the enforcement of the Supreme Law of the Land? It is simply because their persistence runs contrary to the will of a supposedly popular demagogue? This smacks of tyrannical arrogance. That Obama thus signals his intent to bring financial ruin on those who won’t accept his cover-up of the circumstances of his birth is a tactical escalation," Keyes said.
"As one of the targets of this escalation, I need no more convincing proof of the ruthless disposition so far successfully masked by his empty rhetoric of hope and change. Obviously he means to offer hope only to those willing to surrender their most basic rights. To any who insist on questioning his actions, he offers the drastic change of ruin and destruction. So be it. We shall be among those who learn firsthand the meaning of the sacrifices made by the Founders of our free republic, as they pledged and gave up their lives, their fortunes and the world’s esteem," Keyes said.
Here is a partial listing and status update for some of the cases over Obama’s eligibility:
* New Jersey attorney Mario Apuzzo has filed a case on behalf of Charles Kerchner and others alleging Congress didn’t properly ascertain that Obama is qualified to hold the office of president.
* Philip J. Berg, a Pennsylvania Democrat, demanded that the courts verify Obama’s original birth certificate and other documents proving his American citizenship. Berg’s latest appeal, requesting an injunction to stop the Electoral College from selecting the 44th president, was denied.
* Leo Donofrio of New Jersey filed a lawsuit claiming Obama’s dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.
* Cort Wrotnowski filed suit against Connecticut’s secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.
* Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state’s 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public’s support.
* Chicago attorney Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama’s vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.
* Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama’s eligibility could be confirmed, alleging doubt about Obama’s citizenship. His case was denied.
* In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.
* In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama’s citizenship. The case was denied.
* In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama’s birth certificate. His request for an injunction against Georgia’s secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.
* California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters. She also has been working on several other cases.
In addition, other cases cited on the RightSideofLife blog as raising questions about Obama’s eligibility include:
* In Texas, Darrel Hunter vs. Obama later was dismissed.
* In Ohio, Gordon Stamper vs. U.S. later was dismissed.
* In Texas, Brockhausen vs. Andrade.
* In Washington, L. Charles vs. Obama.
* In Hawaii, Keyes vs. Lingle, dismissed.
WND senior reporter Jerome Corsi had gone to both Kenya and Hawaii prior to the election to investigate issues surrounding Obama’s birth. But his research and discoveries only raised more questions.
The governor’s office in Hawaii said there is a valid certificate but rejected requests for access and left ambiguous its origin: Does the certificate on file with the Department of Health indicate a Hawaii birth or was it generated after the Obama family registered a Kenyan birth in Hawaii, which the state’s procedures allowed at the time?
Taitz to FBI: Investigate ‘tampering’ at Supremes
Posted: March 21, 2009 12:15 am Eastern By Bob Unruh © 2009 WorldNetDaily
‘305 million Americans need to know if foreign national is usurping presidency’
A California attorney battling on a number of fronts to obtain documentation of Barack Obama’s eligibility to be president is asking the FBI and U.S. Secret Service to investigate suspected "tampering" at the U.S. Supreme Court.
Orly Taitz, who is pursuing nearly half a dozen causes through her Defend Our Freedoms Foundation, says the issue of Obama’s eligibility to meet the Constitution’s demand for a "natural born" president has been before the Supreme Court at least four times.
But she wonders whether the justices actually were given the pleadings to review.
"I believe … that there was tampering with documents and records by employees of the Supreme Court and the justices never saw those briefs," she alleges in a letter to the FBI’s Robert Mueller, the Secret Service’s Mark Sullivan and Attorney General Eric Holder.
"Three hundred five million American citizens … need to know whether a foreign national is usurping the position of the president and the commander in chief," she wrote.
Taitz raises questions about "forgery of court records, tampering with court records, cyber crime, erasing of court records from the docket, fraud, mail fraud, wire fraud and other related crimes."
Specifically, she points to the handling of her own case, Lightfoot v. Bowen, which was submitted to the Supreme Court on an emergency basis. Although it was scheduled for a conference, no hearing ever was held.
Join one third of a million people who are seeking the truth on whether Obama meets the Constitution’s "natural born" citizenship clause.
Taitz notes that references to the case were erased from the docket of the Supreme Court on Jan. 21, shortly after Obama, the defendant, met with eight of the nine justices behind closed doors.
It happened just two days before her case was scheduled to be reviewed in conference.
Secondly, Taitz notes that in her conversation with Justice Antonin Scalia at a book-signing in Los Angeles several weeks ago, he appeared to have no knowledge of the cases that had been submitted.
She said she mentioned her case and those brought by Cort Wrotnowski, Philip Berg and Leo Donofrio.
"In the presence of several attorneys, law students and Secret Service agents Justice Scalia kept saying that he didn’t know anything … even though all of the plaintiffs have received notification that all of those cases were reviewed by all nine justices," she said.
Taitz said she’s also concerned that the Supreme Court docket was somehow modified.
"Did somebody from outside break and enter into the computer system of the Supreme Court or was it done by one of the overzealous employees who wanted to keep Obama in the White House?" she asked.
"I demand to see the printout of entries of both internal docket seen by justices and the external docket seen by the public to verify if those were identical at all times, particularly between January 20th and January 23rd," she said.
She also raised the possibility that justices’ signatures may have been "stamped" on documentation.
U.S. Chief Justice John Roberts
Her allegations, she said, were part of what she submitted to Chief Justice John Roberts when she met him at the University of Idaho a week ago.
"Due to the … great urgency of the matter in relation to the national security of the United States … I demand immediate investigation of this matter," Taitz wrote.
Taitz also is developing a Quo Warranto case that has been submitted to Holder.
Essentially, the case demands to know what authority Obama is using to act as president. An online constitutional resource says Quo Warranto "affords the only judicial remedy for violations of the Constitution by public officials and agents."
As WND reported, Taitz already has submitted a motion to the Supreme Court for re-hearing of Lightfoot v. Bowen, a case she is working on through Defend Our Freedoms alleging some of her documentation may have been withheld from the justices by a court clerk.
WND has reported on dozens of legal challenges to Obama’s status as a "natural born citizen." The Constitution, Article 2, Section 1, states, "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."
Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama’s American mother, some suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.
Other challenges have focused on Obama’s citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.
Although Obama officials have told WND all such allegations are "garbage," here is a partial listing and status update for some of the cases over Obama’s eligibility:
* New Jersey attorney Mario Apuzzo has filed a case on behalf of Charles Kerchner and others alleging Congress didn’t properly ascertain that Obama is qualified to hold the office of president.
* Pennsylvania Democrat Philip Berg has three cases pending, including Berg vs. Obama in the 3rd U.S. Circuit Court of Appeals, a separate Berg vs. Obama which is under seal at the U.S. District Court level and Hollister vs. Soetoro a/k/a Obama, (now dismissed) brought on behalf of a retired military member who could be facing recall to active duty by Obama.
* Leo Donofrio of New Jersey filed a lawsuit claiming Obama’s dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.
* Cort Wrotnowski filed suit against Connecticut’s secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.
* Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state’s 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case was dismissed by Judge Michael P. Kenny.
*
* Chicago attorney Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama’s vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.
* Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama’s eligibility could be confirmed, alleging doubt about Obama’s citizenship. His case was denied.
* In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.
* Also in Ohio, there was the Greenberg v. Brunner case which ended when the judge threatened to assess all case costs against the plaintiff.
* In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama’s citizenship. The case was denied.
* In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama’s birth certificate. His request for an injunction against Georgia’s secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.
* California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters.
In addition, other cases cited on the RightSideofLife blog as raising questions about Obama’s eligibility include:
* In Texas, Darrel Hunter vs. Obama later was dismissed.
* In Ohio, Gordon Stamper vs. U.S. later was dismissed.
* In Texas, Brockhausen vs. Andrade.
* In Washington, L. Charles Cohen vs. Obama.
* In Hawaii, Keyes vs. Lingle, dismissed.
Man critical of Obama case judge visited by marshals
Posted: March 21, 2009 12:15 am Eastern By Bob Unruh © 2009 WorldNetDaily
‘I told your Gestapo goons we had nothing to talk about’
A Washington, D.C., man who believes Barack Obama probably isn’t eligible to be president – and colorfully stated as much to a federal judge who dismissed a case challenging Obama’s residency in the White House – says he got a visit from U.S. marshals for his exercise of free speech.
Jesse Merrell told WND he was reacting to Judge James Robertson’s decision to throw out a case challenging Obama’s eligibility because the issue had been thoroughly "twittered."
Merrell sarcastically gave the judge a "good-for-you."
"How dare people use a flimsy thing like the Constitution to darken your sanctimonious door!" he wrote to the judge. "The insane idea that a blue-gum baboon slashing our Constitution has to prove U.S. citizenship – as our silly old Constitution demands – is too absurd to consider in the sacred chambers of the tiny tin gods of the Potomac, adorning the royal purple and sipping Jim Jones Kool-Aid.
"Thanks to smug, slimy shysters like you, Obama gets a free ride – snootily stomping on our foolish Constitution, which supercilious idiots like you have long ago shredded for their own stupid opinions!" Merrell continued in the letter, a copy of which he provided to WND.
He finished with his speculation on what "ought" to happen to the judge, a physical act not appropriate for a family-oriented report.
A short time later, he said he found two U.S. marshals on his doorstep.
"After reading your story about Federal Judge James Robertson dismissing a suit challenging Obama’s natural born citizenship, and suggesting sanctions, I wrote him a very critical letter," Merrell told WND. "Two U.S. marshals came to visit me, making threats to silence me.
"I told them unless the First Amendment had been repealed, or they had a warrant for my arrest, we had nothing to discuss," he continued. "But they insisted on coming in, and making further threats.
"I responded with another letter, with firm language, but nothing I haven’t used for 30 years, and quoting Thomas Jefferson’s warning to bind judges with the ‘chains of the Constitution’ to prevent mischief."
WND called the U.S. marshals service for comment, but there was no comment on the specific case. A WND message left for one of the officers involved also was not returned.
A media office spokeswoman who took the message did confirm that "anyone who may write a letter referencing a judge or put something in a letter causing the marshals to be concerned about the well-being of a judge, they would look into it."
Merrell told WND his particular dislike of "government tyranny" has existed "since my fourth-great-grandfather, Captain Benjamin Merrell, was hanged – hanged, drawn and quartered – by the British Royal Governor of North Carolina in 1771 for protesting high and unjust taxes."
Where’s the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, join more than 335,000 others and sign up now!
In his followup letter to the judge, Merrell’s language was a little more salty.
"I told your Gestapo goons, of course, that unless the First Amendment had been repealed, or they were there to arrest me, that we had nothing to talk about.," Merrell’s letter said ."One of your Brown-Shirt Nazi bullies, however, could not resist threatening me with some obscure law – one he didn’t know where it was, or when it was created – which he said made it a crime to say something that caused a federal judge ‘emotional distress.’
"Emotional distress? What unbelievably unadulterated horses—!" Merrell wrote. "What about the repulsive, stomach-turning ‘emotional distress’ you black-robed baboons speciously dish out to the American people daily – haughtily spitting on our precious Constitution with your nauseating, decency-stomping, judicial-jack— slobber!
"If it is illegal for a Constitution-loving citizen to chastise a Constitution-scorning judge, who has spitefully spat on America’s consecrated moral bedrock, then the slimy, steel-laden tentacles of unspeakable tyranny are already wrapped tightly around helpless citizens – awaiting the final hideous strangulation.
"But not as long as one end of my red-blooded tongue is loose!" Merrell’s letter said.
He put the challenge directly to the judge:
"The Constitution clearly states, with no possible ambiguity – in Article 2, Section 1 – that ‘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,’" he wrote.
"America is going down the drain – economically and Constitutionally, with terrorists and illegal aliens pouring across our borders
like invading armies practically unopposed – but our insufferable, over-bloated, dictatorial government, while turning a blind eye to all that, has time and money to send two high-paid federal marshals – probably $130,000.00 each – to harass a citizen daring to exercise his precious First Amendment rights, which you want to destroy," he wrote.
"When you solemnly swear to uphold and defend the Constitution – then loathsomely lacerate and despicably desecrate that hallowed document – perhaps you should fear for your safety, for you have stopped being a dutiful servant of the people, and started arrogating unto yourself the venomous trappings of their tyrannical slave-master," he wrote.
"Oh, and my ancestor, Captain Benjamin Merrell, wasn’t just hanged – but hanged, drawn and quartered: which means he was hanged, but taken down while yet alive, his abdomen violently sliced open and his entrails cruelly cut out and brutally thrown in his face and set afire…and then his body barbarically slashed into four quarters," Merrell wrote. "So, naturally, I’m more than a little suspicious of dictatorial power such as you brandish. And I’m not alone."
WND reported a challenge to the judge from the lawyer handling the case. Robertson threatened attorney John D. Hemenway with sanctions for representing client Gregory S. Hollister. Hollister is a retired military officer subject to being recalled who is demanding to know Obama’s eligibility to discern whether any orders from the president would be legal.
Robertson dismissed the case, ridiculing questions of eligibility as having already been "blogged, texted, twittered and otherwise massaged."
Hollister is represented by Philadelphia lawyer Philip Berg, who has brought several motions on the eligibility dispute to the U.S. Supreme Court that have been ignored. Hemenway acted as local counsel in filing the action on behalf of Hollister.
Robertson wrote: "The plaintiff says that he is a retired Air Force colonel who continues to owe fealty to his Commander-in-Chief (because he might possibly be recalled to duty) and who is tortured by uncertainty as to whether he would have to obey orders from Barack Obama because it has not been proven – to the colonel’s satisfaction – that Mr. Obama is a native-born American citizen, qualified under the Constitution to be president.
"The issue of the president’s citizenship was raised, vetted, blogged, texted, twittered, and otherwise massaged by America’s vigilant citizenry during Mr. Obama’s two-year-campaign for the presidency, but this plaintiff wants it resolved by a court," Robertson wrote.
Hemenway has responded with a suggestion that if the judge wants to pursue sanctions, the attorney then would seek a discovery hearing to demand the president’s original birth certificate as court procedures would allow.
The clients concerns also are valid, he wrote.
"These are not frivolous matters, as the learned Judge Robertson has suggested. Possible illegal orders are a matter of great concern to officers in the armed forces. … The legality of orders in and out of combat is of paramount importance," he wrote.
The lawyer also criticized the judge for citing hearsay in his court opinion.
"It is not helpful for a United States district judge to endorse obfuscation when a constitutional issue is involved. Under these circumstances, to threaten sanctions against an attorney who, in good faith assisted in the filing of a lawsuit involving issues none of the many judges and attorneys from coast to coast have found ‘frivolous’ is to employ the Rule 11 as a device to deprive the undersigned attorney of his civil rights and the right to due process. Without even a hearing or access to discovery being granted to defend against the charges, such a sanction would be a veritable lynching," Hemenway challenged.
"If the court persists in pressing Rule 11 procedures against Hemenway, then Hemenway should be allowed all of the discovery pertinent to the procedures as court precedents have permitted in the past," he said.
"The court has referred to a number of facts outside of the record of this particular case and, therefore, the undersigned is particularly entitled to a hearing to get the truth of those matters into the record. This may require the court to authorize some discovery," Hemenway said.
WND has reported on dozens of legal challenges to Obama’s status as a "natural born citizen." The Constitution, Article 2, Section 1, states, "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."
Some of the lawsuits question whether Obama was actually born in Hawaii, as he insists. If he was born out of the country, Obama’s American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.
Other challenges have focused on Obama’s citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born. Further complicating the issue are the reports he was adopted by an Indonesia man during his childhood and moved to Indonesia and attended school there. There also are questions on what nation’s passport he traveled to Pakistan.
Lawyers and plaintiffs in a multitude of lawsuits also have asked why, if a birth certificate actually reflects that Obama was born in Hawaii, has he spent sums estimated by observers of up to $1 million hiring various law firms to keep concealed his birth certificate, his college records and other documentation.
John Eidsmoe, an expert on the U.S. Constitution now working with the Foundation on Moral Law, told WND a demand for verification of Obama’s eligibility appears to be legitimate.
Eidsmoe said it’s clear that Obama has something in the documentation of his history, including his birth certificate, college records and other documents that "he does not want the public to know."
Although Obama officials have told WND all such allegations are "garbage," here is a partial listing and status update for some of the cases over Obama’s eligibility:
* New Jersey attorney Mario Apuzzo has filed a case on behalf of Charles Kerchner and others alleging Congress didn’t properly ascertain that Obama is qualified to hold the office of president.
* Pennsylvania Democrat Philip Berg has three cases pending, including Berg vs. Obama in the 3rd U.S. Circuit Court of Appeals, a separate Berg vs. Obama which is under seal at the U.S. District Court level and Hollister vs. Soetoro a/k/a Obama, (now dismissed) brought on behalf of a retired military member who could be facing recall to active duty by Obama.
* Leo Donofrio of New Jersey filed a lawsuit claiming Obama’s dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.
* Cort Wrotnowski filed suit against Connecticut’s secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.
* Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state’s 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public’s support.
* Chicago attorney Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama’s vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.
* Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama’s eligibility could be confirmed, alleging doubt about Obama’s citizenship. His case was denied.
* In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.
* Also in Ohio, there was the Greenberg v. Brunner case which ended when the judge threatened to assess all case costs against the plaintiff.
* In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama’s citizenship. The case was denied.
* In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama’s birth certificate. His request for an injunction against Georgia’s secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.
* California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters.
In addition, other cases cited on the RightSideofLife blog as raising questions about Obama’s eligibility include:
* In Texas, Darrel Hunter vs. Obama later was dismissed.
* In Ohio, Gordon Stamper vs. U.S. later was dismissed.
* In Texas, Brockhausen vs. Andrade.
* In Washington, L. Charles Cohen vs. Obama.
* In Hawaii, Keyes vs. Lingle, dismissed.

