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Keyes to appeal case on Obama’s eligibility

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?

April 01, 2009 | Patriot | Comments 0

Major General says president’s eligibility needs proof

Retired Maj. Gen. Carroll Childers

On the heels of two active duty members of the U.S. military serving in Iraq calling for President Obama to prove his eligibility to be president, a retired major general has agreed to join the case, saying he just wants "the truth."

WND reported earlier when 1st Lt. Scott Easterling confirmed to California attorney Orly Taitz that he wanted to be a plaintiff in the legal action she is preparing on behalf of members of the U.S. military, both active and retired. A second soldier who asked that his name be withheld for now became part of the action just a day later.

Now retired Maj. Gen. Carroll D. Childers has submitted a statement to Taitz and her DefendOurFreedoms.us website, agreeing to be a plaintiff in her pending action.

"I agree to be a plaintiff in the legal action to be filed by Orly Taitz, Esq. in a petition for a declaratory judgement (sic) that Barack Hussein Obama is not qualified to be president of the U.S., nor to be commander in chief of the U.S. armed forces, in that I am or was a sworn member of the U.S. military (subject to recall)," he wrote.

If recalled, he would be "unable to follow any orders given by a constitutionally unqualified commander in chief, since by doing so I would be subject to charges of aiding and abetting fraud and committing acts of treason," he wrote.

In an accompanying letter, Childers said, "What I really want is the truth; is Obama a natural born citizen of the United States. If not a natural born citizen, America has been defrauded and then we would be stuck with Joe Biden whose only redeeming attribute is that he is probably not a communist."

He said he is an engineer after serving for 38 years in Vietnam, the Persian Gulf, Operation Desert Storm and other locations.

Childers said there were a long list of reasons he didn’t support Obama for president, including "his crime associates in the USA … his promise to make coal power industry bankrupt … his spread the wealth admission … his associations with foreign leaders unfriendly to the USA … (and his lack of) integrity."

But he said he believes Obama is not eligible to be president, a claim Obama spokesmen have described to WND as "garbage."

WND has reported on multiple 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.

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 290,000 others and sign up now!

Several of the cases have involved emergency appeals to the U.S. Supreme Court in which justices have declined to hear arguments. Among the cases turned down without a hearing at the high court have been petitions by Philip Berg, Cort Wrotnowski, Leo Donofrio and Taitz.

Military.com reported Easterling’s concerns following WND’s report and confirmed that Army officials said they were aware of the lieutenant’s letter. The officials, Military.com said, are trying to balance the "military requirements under the Uniform Code of Military Justice versus critical freedoms that all Americans enjoy."

Commenters on the website called the soldier "a delusional racist," "moronic and irrelevent (sic)," and undeserving of his uniform.

However, some defended him.

"The questions about the POTUS and his birth were questions raised during the campaign – quite often in this website. This question was not always answered in a fashion which was clear cut yea or nay," said one forum contributor. "There are lawsuits ongoing – therefore there are other doubters."

Said another, "If anybody does their research they find out that a full investigation was conducted regarding McCain’s eligibility (born on a military base on foreign soil), but no such investigation was done for BO. BO admits to traveling to Pakistan in 1981, when it was illegal to do so for US citizens at the time, how did he pull that off?

"Open your eyes, lemmmings (sic)," the participant wrote.

Another pointed out that the lieutenant certainly has a right to his opinion, but most importantly, he is staying true to his duty.

"All of your rhetoric truly makes me question your morality. Some of you say that this LT needs to be reprimanded in this way or that, but what you people forget to see through your blinders is that this LT is still fighting the fight, no matter what. He still is part of the reason you have the right to say the things you do. He still believes the American way of life is still precious and should stay that way no matter what. And whether he chooses his God given freedom to voice that God given right is up to him."

Another had a pointed comment about the entire issue.

"Why doesn’t the president just put his credentials out there and stop all the speculation?"

Another member of the military who contacted WND, who identified himself only by his initials, explained: "I am in the United States Air Force and I had to produce my birth certificate to enter the service. What documents did Mr. Obama use to enter in the race for president? I had to produce my birth certificate to have a passport issued. Does Mr. Obama have a passport? What documents did he use to get it? My children have to produce their birth certificate to get a driver’s license. Does Mr. Obama have a driver’s license? What documents did he use to get it? I had to produce a birth certificate to get a Social Security number issued for me and my children. Does Mr. Obama have a Social Security number issued? What documents did he use to get it? "

Taitz explained the issue isn’t resolved as many Obama supporters claim.

The "Certification of Live Birth" posted on the Internet actually doesn’t confirm a birth location.

"[Hawaii] statute 138 allows foreign born children of HI residents to get HI [Certificates of Live Birth] and get them based on a statement of one relative only," she said.

She also said Hawaiian officials, while they confirmed a birth certificate exists, did not exclude the possibility it was "one obtained for a foreign born child."

She also cited Obama’s immigration to Indonesia at age 5, when he was considered an Indonesian citizen.

Also, in a case being handled largely by Gary Kreep of the United States Justice Foundation in California, lawyers hired to represent Obama have admitted that such disputes should have been resolved in Congress.

That case is seeking documentation of Obama’s attendance at Occidental College, and in an effort to keep all of those records secret, a law firm has argued that state and federal courts have no authority over the case.

"Federal law establishes the procedure for election of the President and Vice President and provides the exclusive means for challenges to their qualifications," the court filing said. In the absence of objections filed by members of the Senate and House of Representatives, "which would have been resolved by those bodies," Obama was declared the president.

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, brought on behalf of a retired military member who could be facing recall to active duty by Obama.