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Lawyer who challenged Obama: Ineligibility could prove costly

An attorney whose legal brief in a case challenging Barack Obama’s eligibility revealed a Supreme Court can remove an ineligible chief executive now has released an analysis confirming that if Obama isn’t eligible, he could be charged under a number of felony statutes.

And that’s just on the federal level; any state charges would be in addition, as would charges against individuals who may have helped him in the commission of any of the acts, according to Gary Kreep of the United States Justice Foundation.

Kreep has been involved in several of the cases that have raised challenges to Obama’s occupancy of the Oval Office, including two in California. One is on appeal in the state court system and names California Secretary of State Debra Bowen as defendant. The other, in the federal court system, is on appeal before the 9th U.S. Circuit Court of Appeals.

Both make claims on behalf of individuals and political candidates in California over Obama’s presence on the 2008 election ballot.

North Dakota Gov. Thomas Moodie, removed from office when the state Supreme Court found him ineligible

WND several weeks ago reported when Kreep’s legal research revealed two precedents  he believes would be applicable in the Obama case. In one, state officials arbitrarily removed a candidate from an election ballot because it was not proven the candidate was qualified for office. In another, the North Dakota Supreme Court removed the sitting governor from office when it was documented he was not eligible under the state’s requirements.

Now Kreep has released an analysis of the federal laws he believes could be applied should Obama ultimately be shown to be ineligible.

“If he is not eligible, he could be charged not only with these crimes, but potentially with crimes in a number of states where he falsely represented that he was qualified to run, as well as people who helped him,” Kreep told WND.

Further, there could be any number of challenges to virtually anything he did as president: his nominations, his executive orders and his signing of legislation.

“This is completely uncharted territory,” Kreep told WND. “It could all be challenged as invalid. There has to be a sitting president for [actions] to be valid. If he’s not qualified, if he’s not the president, it isn’t valid.”

The research, done on Kreep’s behalf by USJF staff attorney Chris Tucker, cited the following statutes that could apply:

The USJF document showed that all of the charges require a specific intent.

“Mr. Obama knows, or at least should know, the place of his birth and the status of his citizenship, as all, or nearly all, adults in the world do. He has, therefore, willfully and knowingly made repeated false claims as to his citizenship, and this makes him absolutely liable for the above mentioned crimes,” the analysis said.

The organization’s earlier research, now included in its appeal documentation, found that in 1968, the Peace and Freedom Party submitted the name of Eldridge Cleaver as a qualified candidate for president of the United States.

The then-California 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. Jordan, using his administrative powers, threw him off the ballot.

The other is a court precedent in which the governor of North Dakota was removed from office after the state Supreme Court determined he did not meet the state constitution’s eligibility requirements.

“Even though Obama was elected to this office, this ineligibility constitutes a legal disability for the office of president of the United States,” the USJF brief states. “In ‘State ex rel. Sathre v. Moodie,’ after Thomas H. Moodie was duly elected to the office of governor of the state of North Dakota, it was discovered that Thomas H. Moodie was not eligible for the position of governor, as he had not resided in the state for a requisite five years before running for office, and, because of that ineligibility, he was removed from office and replaced by the lieutenant governor,” the brief explains.

North Dakota’s historical archives document the case.

The Democrat was nominated by his party for governor in 1934 and beat his Republican opponent, Lydia Langer.

“As soon as the election was over, there was talk of impeachment, but no charges were filed,” the state’s archives report. “After Moodie’s inauguration on January 7, 1935, it was revealed that he had voted in a 1932 municipal election in Minnesota. In order to be eligible for governor, an individual has to have lived in the state for five consecutive years before the election. The State Supreme Court determined that Governor Moodie was ineligible to serve, and he was removed from office on February 16, 1935,” the state reports.

The president’s lawyers in many of the cases have said, and judges have agreed so far, that the courts simply don’t have jurisdiction over a question of eligibility because of the Constitution’s provision that president’s must be removed by impeachment, which rests with Congress.

In one case, the president’s lawyers prominently argued, “The Constitution’s commitment to the Electoral College of the responsibility to select the president includes the authority to decide whether a presidential candidate is qualified for office.

“The examination of a candidate’s qualifications is an integral component of the electors’ decision-making process. The Constitution also provides that, after the Electoral College has voted, further review of a presidential candidate’s eligibility for office, to the extent such review is required, rests with Congress,” the president’s lawyers argued.

WND has reported on the multiple legal cases challenging Obama’s eligibility in addition to efforts to raise the question at the state and national levels.

Several state legislatures are working on proposals that would require presidential candidates to submit proof of their eligibility. And a similar proposal has been introduced in Congress by Rep. Bill Posey, R-Fla.

The claims are that Obama does not meet the U.S. Constitution’s requirement that a president be a “natural born citizen.” The lawsuits have asserted he either was not born in Hawaii as he claims or was a dual citizen because of his father’s British citizenship at the time of his birth.

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.”

However, none of the cases filed to date has been successful in reaching the plateau of legal discovery, so that information about Obama’s birth could be obtained.

The White House has not replied to numerous requests for comment.

Besides Obama’s actual birth documentation, the still-concealed documentation for him includes kindergarten records, Punahou school records, Occidental College records, Columbia University records, Columbia thesis, Harvard Law School records, Harvard Law Review articles, scholarly articles from the University of Chicago, passport, medical records, his files from his years as an Illinois state senator, his Illinois State Bar Association records, any baptism records, and his adoption records.

Another significant factor is the estimated $1.7 million Obama has spent on court cases to prevent any of the documentation of his life to be revealed to the public.

“Where’s The Birth Certificate?” billboard helps light up the night at the Mandalay Bay resort on the Las Vegas Strip.

Because of the dearth of information about Obama’s eligibility, WND founder Joseph Farah has launched a campaign to raise contributions to post billboards asking a simple question: “Where’s the birth certificate?”

The campaign followed a petition that has collected more than 490,000 signatures demanding proof of his eligibility, the availability of yard signs raising the question and the production of permanent, detachable magnetic bumper stickers asking the question.

The “certification of live birth” posted online and widely touted as “Obama’s birth certificate” does not in any way prove he was born in Hawaii, since the same “short-form” document is easily obtainable for children not born in Hawaii. The true “long-form” birth certificate – which includes information such as the name of the birth hospital and attending physician – is the only document that can prove Obama was born in Hawaii, but to date he has not permitted its release for public or press scrutiny.

Oddly, though congressional hearings were held to determine whether Sen. John McCain was constitutionally eligible to be president as a “natural born citizen,” no controlling legal authority ever sought to verify Obama’s claim to a Hawaiian birth.

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