Bob Unruh joined WND in 2006 after nearly three decades with the Associated Press, as well as several Upper Midwest newspapers, where he covered everything from legislative battles and sports to tornadoes and homicidal survivalists. He is also a photographer whose scenic work has been used commercially.More ↓Less ↑
A member of the U.S. military whose suspicions about Barack Obama’s eligibility to be president prompted him to sign onto a legal demand being sent to Attorney General Eric Holder has now been silenced.
Attorney Orly Taitz, the California activist who through her DefendOurFreedoms.us foundation is assembling the case, told WND today she’s been informed one of the members of the military has been ordered by commanding officers not to speak with media.
The officer’s identity was withheld to prevent further actions against him.
However, Taitz confirmed to WND there would be no lack of plaintiffs in her action, which challenges Obama to prove by what authority he operates as commander in chief.
Another active-duty soldier, who identified himself as Staff Sgt. Alan Craig James, volunteered to be identified publicly as a plaintiff in the case, Taitz said.
She said she already has a list of 101 volunteers in her case demanding Obama’s proof
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.
The idea, first recorded some 800 years ago, essentially is a demand 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.”
Among those requesting the action are Maj. Gen. Carroll Childers; Lt. Col. Dr. David Earl-Graef; police officer and Selected Reservist Navy Commander Clinton Grimes; Lt. Scott Easterling, now serving on active duty in Iraq; New Hampshire state Rep. Timothy Comerford; and Tennessee state Rep. Frank Nicely.
“As president-elect, Respondent Obama failed to submit prima facie evidence of his qualifications before January 20, 2009. Election officers failed to challenge, validate or evaluate his qualifications. Relators submit that as president elect, Respondent Obama failed [to] qualify per U.S. CONST. Amend. XX [paragraph] 3,” the document said.
John Eidsmoe, an expert on the U.S. Constitution now working with the Foundation on Moral Law, an organization founded by former Alabama Supreme Court Chief Justice Roy Moore, said the demand is a legitimate course of action.
“She basically is asking, ‘By what authority’ is Obama president,” he told WND. “In other words, ‘I want you to tell me by what authority. I don’t really think you should hold the office.’”
The letter has been dispatched to Holder, asking him to appoint a special prosecutor for the case.
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.”
Obama’s critics warn of a constitutional crisis should it be discovered Obama is ineligible and the resulting chaos of trying to figure out what, if any, of his executive branch orders should be valid.
According to the online Constitution.org resource: “The common law writ of Quo Warranto has been suppressed at the federal level in the United States, and deprecated at the state level, but remains a right under the Ninth Amendment which was understood and presumed by the Founders, and which affords the only judicial remedy for violations of the Constitution by public officials and agents.”
Taitz told WND the “relators” in the Quo Warranto case include members of the Army, Air Force, Marines and Army and feature recipients of some of the highest honors the nation awards, including the Purple Heart.
According to author Chester Antieau in his “The Practice of Extraordinary Remedies,” Quo Warranto is one of the oldest rights in common law.
“The earliest case on record appears in the 9th year of Richard I, 1198,” he wrote. “The statute of 9 Anne c. 20 in 1710 authorized a proper officer of a court, with leave of the court, to exhibit an information in the nature of Quo Warranto, at the ‘relation’ of any person desiring to prosecute the same – to be called the relator. Early American statutes were modeled after the Statute of Anne and, indeed, the statute has often been ruled to be part of the common law we inherited from England.”
Antieau noted the Pennsylvania Supreme Court has ruled, “Quo Warranto is addressed to preventing a continued exercise of authority unlawfully asserted, rather than to correct what has already been done. …”
Its first recognized purpose, he said, is “to determine the title of persons claiming possession of public offices and to oust them if they are found to be usurpers.”
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.
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.