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California used to check prez candidates' eligibility

Posted By Bob Unruh On 02/28/2009 @ 12:30 am In Front Page | Comments Disabled


President Obama

A California lawsuit seeking documentation from Occidental College that could verify the nationality under which Barack Obama entered the school points out that the state formerly reviewed presidential candidates and disqualified those who were ineligible.

The arguments are raised in paperwork submitted by Gary Kreep of the United States Justice Foundation, which has brought a lawsuit over Obama’s eligibility.

Defense lawyers for Obama are trying to quash the request for Occidental records, arguing that any objections to Obama’s presidential candidacy and victory should have been raised in Congress at the time of the Electoral College vote.

However, according to documentation in the lawsuit, the secretaries of state in California previously have exercised their election authority and have rejected candidates who did not qualify.

“As stated in our previous pleadings herein, former California Secretaries of State have taken legal action to remove individuals from the ballot for failure to comply with the eligibility requirements to serve as President of the United States, although, in those cases, the issue had to do with the ‘age’ requirement, not the ‘natural born citizen,’” the USJF said.

The filing continued with the warning, “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 documents previously explained that in 1968 the Peace and Freedom Party submitted the name of Eldridge Cleaver as a qualified candidate for president, and 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.

Even in the 2008 campaign, foreign-born third-party candidate Roger Calero was removed from ballots in some states, according to elections reports.

Obama, meanwhile, has refused to document his U.S. citizenship and, therefore, his eligibility to be president under the Constitution’s requirement for a “natural born” citizen, his challengers say.

“MR. OBAMA’s actions to block any attempt to inquire into his status as a ‘natural born citizen’ raises questions which must be answered in order to avoid a situation where, perhaps several years in the future, it is discovered that he was not eligible to serve as President of the United States, and, therefore, all of his acts would be null and void, and that the resulting chaos could lead to a constitutional crisis, immobilizing the United States,” the USJF 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 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 295,000 others and sign up now!

Several of the cases have involved emergency appeals to the U.S. Supreme Court in which justices have declined even 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 Orly Taitz.

The USJF case was filed on behalf of presidential candidate Ambassador Alan Keyes and others.

As part of the case, a subpoena was served on Occidental College for its records. School officials immediately contacted lawyers for Obama and said the demand would have to be answered unless they intervened.

Obama’s lawyers then submitted a demand to the court arguing the case was moot because the election was over and the correct place to resolve such concerns was in Congress. The lawyers also alleged a variety of procedural errors.

In his response, Kreep pointed out that Obama’s lawyers failed for 27 days to notify the USJF of alleged procedural errors. He said the housing and academic records are of prime importance.

“From those records, statements as to whether MR. OBAMA is, indeed, a ‘natural born citizen’ may be found,” he said.

Just this week, at least two active-duty soldiers serving in Iraq as well as a retired major general offered to be plaintiffs in a lawsuit challenging Obama’s eligibility.

WND reported earlier when 1st Lt. Scott Easterling confirmed to 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 a day later.

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

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, she said.

“[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.

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, 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.
  • 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.

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 biggest being why, if there exists documentation of Obama’s eligibility, hasn’t it been released to quell the rumors.

Instead, a series of law firms have been hired on Obama’s behalf around the nation to prevent any public access to his birth certificate, passport records, college records and other documents.



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