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U.S. soldier gagged on prez's eligibility
Posted By Bob Unruh On 03/03/2009 @ 8:48 pm In Front Page | Comments Disabled
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.
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 300,000 others and sign up now!
As WND reported this week, Taitz has assembled officers from the U.S. Army, Navy, Air Force and Marines to seek Obama’s documentation.
The plaintiffs are citing the legal standard of Quo Warranto, which also was cited in a case brought by New Jersey attorney Mario Apuzzo on behalf of Charles Kerchner and others.
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:
In addition, other cases cited on the RightSideofLife blog as raising questions about Obama’s eligibility include:
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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