Friday, November 7, 2008

We The People Writes to Barack Obama--Questions Persist

Bob Robbins has forwarded this link to "We the People". They have posted the following letter to Barack Obama:

An Open Letter to Barack Obama:

Are you a Natural Born Citizen of the U.S.?

Are you legally qualified to hold the Office of President?

Dear Mr. Obama:

On October 24, 2008, a federal judge granted your request to dismiss a lawsuit by Citizen Philip Berg, who challenged your qualifications under the “Natural Born Citizen” clause of the U.S. Constitution to legally hold the office of President of the United States of America.

Mr. Berg presented factual evidence to the Court in support of his claim that you are either a citizen of your father’s native Kenya by birth, or that you became a citizen of Indonesia, relinquishing your prior citizenship when you moved there with your mother in 1967.

In your response to the lawsuit, you neither denied Mr. Berg’s claims nor submitted any evidence which would refute his assertions. Instead, you argued that the Court lacked the jurisdiction to determine the question of your legal eligibility because Mr. Berg lacked “standing.”

Astonishingly, the judge agreed, simply saying, “[Mr. Berg] would have us derail the democratic process by invalidating a candidate for whom millions of people voted and underwent excessive vetting during what was one of the most hotly contested presidential primary [sic] in living memory.”

Unfortunately, your response to the legal claim was clearly evasive and strikingly out of character, suggesting you may, in fact, lack a critical Constitutional qualification necessary to assume the Office of President: i.e., that you are not a “natural born” citizen of the United States or one who has relinquished his American citizenship.

Before you can exercise any of the powers of the United States, you must prove that you have fully satisfied each and every eligibility requirement that the Constitution mandates for any individual’s exercise of those powers.

Regardless of the tactics chosen in defending yourself against the Berg lawsuit, significant questions regarding your legal capacity to hold this nation’s highest office have been put forth publicly, and you have failed to directly refute them with documentary evidence that is routinely available to any bona fide, natural born U.S. Citizen.

As one who has ventured into the fray of public service of his own volition, seeking to possess the vast powers of the Office of President, it is not unreasonable to demand that you produce evidence of your citizenship to answer the questions and allay the concerns of the People. Indeed, as the one seeking the office, you are under a moral, legal, and fiduciary duty to proffer such evidence to establish your qualifications as explicitly mandated by Article II of the Constitution.

Should you proceed to assume the office of the President of the United States as anything but a bona fide natural born citizen of the United States that has not relinquished that citizenship, you would be inviting a national disaster, placing our Republic at great risk from untold consequences. For example:

· Neither the Electoral College on December 15, nor the House of Representatives on January 6 would be able to elect you, except as a poseur - a usurper;

· As a usurper, you would be unable to take the required “Oath or Affirmation” of office on January 20 without committing the crime of perjury or false swearing, for being ineligible for the Office of the President you cannot faithfully execute the Office of the President of the United States;

· Your every act in the usurped Office of the President would be a criminal offense as an act under color of law that would subject the People to the deprivation of their constitutional rights, and entitling you to no obedience whatsoever from the People;

· as a usurper acting in the guise of the President you could not function as the Commander in Chief of the Army and Navy and of the militia of the several states, as such forces would be under no legal obligation to remain obedient to you;

· No one in any civilian agency in the Executive Branch would be required to obey any of your proclamations, executive orders or directives, as such orders would be legally VOID;

· Your appointment of Ambassadors and Judges to the Supreme Court would be VOID ab initio (i.e., from the beginning), no matter what subsequent actions the Senate might take as well as rendering any such acts by such appointed officials void as well;

· Congress would not be able to pass any new laws because they would not be able to acquire the signature of a bona fide President, rendering all such legislation legally VOID;

· As a usurper, Congress would be unable to remove you from the Office of the President on Impeachment, inviting certain political chaos including a potential for armed conflicts within the General Government or among the States and the People to effect the removal of such a usurper.

As an attorney and sitting U.S. Senator, I’m sure you agree that our Constitution is the cornerstone of our system of governance. It is the very foundation of our system of Law and Order – indeed, it is the supreme law of the land. I’m sure you also agree that its precise language was no accident and cannot be ignored if Individual, unalienable, natural Rights, Freedoms and Liberties are to be protected and preserved.

As our next potential President, you have a high-order obligation to the Constitution (and to those who have fought and died for our Freedom) that extends far beyond that of securing a majority of the votes of the Electoral College. No matter your promises of change and prosperity, your heartfelt intent or the widespread support you have garnered in seeking the highest Office of the Land, the integrity of the Republic and Rule of Law cannot, -- must not -- be put at risk, by allowing a constitutionally unqualified person to sit, as a usurper, in the Office of the President.

No matter the level of practical difficulty, embarrassment or disruption of the nation’s business, we must -- above all -- honor and protect the Constitution and the divine, unalienable, Individual Rights it guarantees, including the Right to a President who is a natural born citizen of the United States of America that has not relinquished his American citizenship. Our nation has endured similar disruptions in the past, and will weather this crisis as well. Indeed, it is both yours and the People’s mutual respect for, and commitment to, the Constitution and Rule of Law that insures the perpetuation of Liberty.

As a long time defender of my state and federal Constitutions, and in consideration of the lack of sufficient evidence needed to establish your credentials as President, I am compelled to lodge this Petition for Redress of Grievances and public challenge to you.

Make no mistake: This issue IS a Constitutional crisis. Although it will not be easy for you, your family or our Republic, you have it within your ability to halt this escalating crisis by either producing the certified documents establishing beyond question your qualifications to hold the Office of President, or by immediately withdrawing yourself from the Electoral College process.

With due respect, I hereby request that you deliver the following documents to Mr. Berg and myself at the National Press Club in Washington, DC at noon on Monday, November 17, 2008:

(a) a certified copy of your “vault” (original long version) birth certificate;
(b) certified copies of all reissued and sealed birth certificates in the names
Barack Hussein Obama, Barry Soetoro, Barry Obama, Barack Dunham
and Barry Dunham;
(c) a certified copy of your Certification of Citizenship;
(d) a certified copy of your Oath of Allegiance taken upon age of maturity;
(e) certified copies of your admission forms for Occidental College, Columbia
University and Harvard Law School; and
(f) certified copies of any court orders or legal documents changing your name
from Barry Soetoro.

In the alternative, in defense of the Constitution, and in honor of the Republic and that for which it stands, please announce before such time your withdrawal from the 2008 Presidential election process.

“In a government of laws, the existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.”
Olmstead v. United States, 277 U.S. 438, 469-471.

Thank you for your understanding and cooperation in this matter.

Sincerely,


Robert L. Schulz,
Founder and Chairman, We The People Foundation for Constitutional Education, Inc.

2 comments:

Vernon said...

Now that the anti-science, superstition-based intiative presidency is coming to an end, we need several Manhattan projects to make us great again. First we must provide free advertising-based wireless internet to everyone. Then we must criss-cross the land with high speed rail. These two major public works projects will boost us out of the Grotesque Depression. We must develop microorganisms that may be freely distributed and become commonplace to improve our future. Because bovine flatulence is the major source of greenhouse gases, we must develop microorganisms which can be grow in the home that will provide all of our nutrition. Then we must create microorganisms which turn our sewage and waste into fuel. Since paranoid schizophrenia is the cause of racism, bigotry, homelessness, terrorism, ignorance, exploitation and criminality, we must provide put the appropriate medications, like lithium, in the water supply. We must also allow dangerous individuals who refuse free mental health care to be required to be implanted with drug release devices and microorganisms to improve their mindsets. We should encourage international organizations to do likewise. In order to fund this we must nationalize the entire financial, electrical and transportation system and abolish the silly notion that each industry should be regulated by its peers. Furthermore, as feudalism is the threat to progress everywhere, we must abolish large land holdings by farmers, foresters or religions and instead make all such large landholding part of the forest service so our trees may diminish greenhouse gases. We must abolish executive pay and make sure all employees in a company are all paid equally. We must abolish this exploitative idea of trade and make every home self sufficient through the microorganisms we invent.

smrstrauss said...

First, the certification of live birth is a valid document showing that the birth certificate exists in the files. It has now been accepted by at least one court.

Then, on the absurd claim that Obama was born in Kenya:

If Obama had been born in Kenya, there would be a record of his mother arriving in Kenya in the archives of the Kenya government.

The critics of Obama, who allege that he was born in Kenya, have not shown anything like this. All they would have to do is to go to those files in Kenya and show that Obama’s mother had been in Kenya in 1961. But they have nothing.

I listened to the tape, and it is not clear that Obama's grandmother understood the question. The translator (who is also apparently a relative) says repeatedly that Obama was born in Hawaii. In any case, it is not evidence. She could be referring to Barak Obama senior, Obama’s father, who certainly was born in Kenya.

The officials in Hawaii say he was born in Hawaii. They have seen his birth certificate in his file. Thus they are confirming the certification. And, they have no reason to lie.

The certificate (or certification, whatever) of live birth has been accepted as legal proof of Obama's birth in Hawaii by a court in Virginia. (Monday. See: http://www.freerepublic.com/focus/f-news/2123806/posts)

After Berg, several other cases against Obama on the natural born citizen issue were brought in other states.

While most of them just did what the Berg case did, which was to rule that Berg had no standing to sue, some of the others looked at the “evidence” - and concluded that the stuff was absurd. This is important. It is no longer possible to claim that the courts have refused to look at the evidence and merely dismissed the cases on technical grounds. They did look at the evidence, and found it wanting.

In Ohio, for example the judge (magistrate) said:

“(Neal) presented no witnesses but himself. From that testimony, it is abundantly clear that the allegations in [Neal]’s complaint concerning “questions” about Senator Obama’s status as a “natural born citizen” are derived from Internet sources, the accuracy of which has not been demonstrated to either Defendant Brunner or this Magistrate … Given the paucity of evidence… this Magistrate cannot conclude that Defendant Brunner has abused her discretion in failing to launch an investigation into Senator Obama’s qualifications to hold the office of President of the United States. ” See:
http://www.oxfordpress.com/hp/content/oh/story/news/local/2008/10/31/ws103108obamasuit.html

In Virginia, which was just ruled on Monday, the judge went further and said that the certificate of live birth was good proof that Obama was born in Hawaii, and there was NO proof presented that he was born anywhere else.

Here is a report from a web posting that is not official, of course, but it seems accurate mainly because the fellow who posted it was AGAINST Obama. He is disappointed, but accepts the ruling. You can find this post at : (
http://www.freerepublic.com/focus/f-news/2123806/posts)

(Note that sometimes the author correctly puts COLB correctly and sometimes he types it as CLOB, but he means certificate of live birth throughout.)

Quotes:

The Court made the following findings:

1. The Certification of Live Birth presented to the court is unquestionably authentic.

The court noted that the certification had a raised seal from the state of Hawaii, had a stamp bearing the signature of the registrar of vital statistics. The court found “wholly unpersuasive” any of the internet claims that the birth certificate was altered in any way. Furthermore, the document itself was accompanied by an affidavit from the State Health Director (of Hawaii) verifying that the document is an authentic certification of live birth. The court held that there could be no doubt that the document was authentic unless one believed that the state of Hawaii’s health department were in on an elaborate and complex conspiracy – and that there is not a shred of evidence that this is the case.

2. The Certification of Live Birth establishes that Mr. Obama is a natural born citizen.

The affidavit of the State Health Director states that the information on the CLOB is identical to the information on the “vault” copy of the birth certificate, and that both documents establish that Mr. Obama was born in Honolulu. The Court noted that the CLOB is valid for all citizenship purposes. The court noted our argument that the COLB is not valid for determining citizenship, but referred us to Hawaiian law that states otherwise. “There is no difference between a certificate and a certification of live birth in the eyes of the state. For instance, either can be used to confirm U.S. citizenship to obtain a passport or state ID.” The court found that Hawaiian law makes the COLB valid for all purposes with the exception of determining native Hawaiian heritage for certain state and federal benefits. The court held that if Mr. Obama were born elsewhere and the birth registered in Hawaii, the “place of birth” line on the COLB would reflect that fact. The court stated that there could be no doubt that Mr. Obama was born in Hawaii and that any argument to the contrary was fanciful and relied on completely unsubstantiated internet rumors.

3. For that reason, 8 U.S.C. §1401(g), which at the relevant time provided as follows:

“The following shall be nationals and citizens of the United States at birth: ***(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years:…..
is irrelevant to this matter, as Mr. Obama was conclusively born in Hawaii.

4. Mr. Obama did hold dual citizenship in the U.S. and Kenya until he became an adult. When Barack Obama Jr. was born Kenya was a British colony. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.’s children: “British Nationality Act of 1948 (Part II, Section 5): Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.” In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom by virtue of being born to a father who was a citizen of the UK. Obama’s UK citizenship became an Kenyan citizenship on Dec. 12, 1963, when Kenya formally gained its independence from the United Kingdom. The court noted that Chapter VI, Section 87 of the Kenyan Constitution specifies that:

1. Every person who, having been born in Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Kenya on 12th December, 1963…

2. Every person who, having been born outside Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Kenya by virtue of subsection (1), become a citizen of Kenya on 12th December, 1963.
Thus the court held that as a citizen of the UK who was born in Kenya, Obama’s father automatically received Kenyan citizenship via subsection (1). So given that Obama qualified for citizen of the UK status at birth and given that Obama’s father became a Kenyan citizen via subsection (1), thus Obama did in fact have Kenyan citizenship in 1963.

However, the court further held that the Kenyan Constitution prohibits dual citizenship for adults. Kenya recognizes dual citizenship for children, but Kenya’s Constitution specifies that at age 21, Kenyan citizens who possesses citizenship in more than one country automatically lose their Kenyan citizenship unless they formally renounce any non-Kenyan citizenship and swear an oath of allegiance to Kenya. The court held that there was no evidence that Mr. Obama has ever renounced his U.S. citizenship or sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4, 1982.

The court held that there was no legal requirement that Mr. Obama renounce his Kenyan citizenship or affirm his U.S. citizenship in order to maintain his status as a natural born citizen.

5. Mr. Obama did not lose his U.S. Citizenship based on the acts of his parents, including adoption by an Indonesian citizen. The Court held that no action taken by the parents of an American child can strip that child of his citizenship. The court cited to the 1952 Immigration & Nationality Act, Title III, Chapter 3, Sections 349 and 355, which was in effect in the late 1960s when Obama went to Indonesia, and which stated that a minor does not lose his US citizenship upon the naturalization of his parents or any other actions of his parents, so long as the minor returns to the US and establishes permanent US residency before the age of 21. Thus the adoption of Obama did not serve to strip him of his U.S. citizenship. The fact that Indonesian law does not allow dual citizenship is irrelevant, as U.S. law controls. Furthermore, the Court held that traveling on a foreign passport does not strip an American of his citizenship. The Court noted first that there was no evidence that Mr. Obama traveled on an Indonesian passport (Mr. Berg and others we reached out to for evidence never provided any evidence of this claim or any other of the claims we could have used some proof of.) Nonetheless, the court held that such travel does not divest an American of his citizenship.

The Court makes other holdings and findings that I won’t bother you with here. Needless to say, the decision is wholly against us. The court finds the claims against Mr. Obama’s citizenship “wholly unpersuasive and bordering on the frivolous, especially in light of the complete absence of any first-hand evidence on any critical issue” and further classifies it as “conspiracy theory of the lowest sort, fueled by nothing than internet rumor and those who truly want to believe egging each other on.”

I like the part about “conspiracy theory of the lowest sort.”

Repeat: “The court held that if Mr. Obama were born elsewhere and the birth registered in Hawaii, the “place of birth” line on the COLB would reflect that fact. The court stated that there could be no doubt that Mr. Obama was born in Hawaii and that any argument to the contrary was fanciful and relied on completely unsubstantiated internet rumors.”