A lawyer who already has two conferences pending before the U.S. Supreme Court on the issue of Barack Obama’s eligibility to be president has filed a new lawsuit, this one on behalf of a retired military colonel who would need to know whether to follow any orders issued by Obama as commander-in-chief.
Philip Berg’s earlier case and a request for an injunction in the case are scheduled for conferences with the justices on Jan. 9 and Jan. 16.
The new case, filed with co-counsel Lawrence J. Joyce, was submitted to U.S. District Court in Washington, D.C., and names as defendant “Barry Soetoro a/k/a Obama.”
It demands to know Obama’s real name and his constitutional qualifications to occupy the Oval Office. The plaintiff is Gregory S. Hollister, a resident of Colorado Springs, who has “standing” and “needs a decision so he knows whether or not to follow any order of Soetoro a/k/a Obama.”
Berg reported the case is in the nature of an interpleader, shifting the burden of proof to Obama and Joe Biden.
“I am determined, on behalf of the 320 million citizens in the United States, to see that ‘our U.S. Constitution’ is followed. Specifically, in the case of Soetoro a/k/a Obama, does he meet the constitutional qualifications for president?” Berg said.
He said he doubts that is the case based on his information that Obama was born in Kenya, his mother was not yet 19, Obama later was a citizen of Indonesia and several other factors.
“I am appalled that the main stream media continues to ignore this issue as we are headed to a ‘Constitutional Crisis.’ There is nothing more important than our U.S. Constitution and it must be enforced,” he said.
Berg said he was pleased the U.S. Supreme Court has scheduled two conferences to look into the merits of the claims in his earlier case.
“I know that Mr. Obama is not a constitutionally qualified ‘natural-born’ citizen and therefore, is ineligible to assume the office of the president of the United States,” he continued. “Obama knows he is not ‘natural born’ as he knows where he was born and he knows he was legally adopted/acknowledged in Indonesia; is an attorney, Harvard Law head of the Law Review and graduate who taught constitutional law; knows the Obama candidacy is the biggest ‘hoax’ attempted on the citizens of the United States in over 200 years; places our constitution in a ‘crisis’ situation; and Obama is in a situation where he can be blackmailed by leaders around the world.”
WND reported earlier on a campaign to seek members of Congress to object to the Electoral College vote when it is presented for affirmation.
More than a dozen cases have been brought into various courts challenging Obama’s eligibility. Several have reached the Supreme Court.
They all in various ways allege Obama does not meet the “natural born citizen” clause of the U.S. Constitution, Article 2, Section 1, which reads, “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 legal challenges have alleged Obama was not born in Hawaii, as he insists, but in Kenya. 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 also 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. Such cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.
Several details of Obama’s past have added twists to the question of his eligibility and citizenship, including his family’s move to Indonesia when he was a child, on what nation’s passport he traveled to Pakistan in the ’80s and conflicting reports from Obama’s family about his place of birth.
His campaign posted the image of a “Certification of Live Birth” online when the questions first arose, but critics have dismissed that as irrelevant, since at the time Hawaii granted such documents to parents whose children were born outside the state.
WND has reported on two of the cases that the Supreme Court justices apparently reviewed, but refused to continue to a full hearing.
Those cases were brought by Cort Wrotnowski and Leo Donofrio. Both challenged Obama on essentially the same issue: allegations that dual citizenship based on a father who was a British subject and a mother who was an American minor disqualified him for office.
A partial listing and status update for several of the cases surrounding Obama’s eligibility to serve as president is below:
- Philip J. Berg, a Pennsylvania Democrat, demanded that the courts verify Obama’s original birth certificate and other documents proving his American citizenship. Supreme Court conferences on the case and its motions are scheduled Jan. 9 and 16.
- 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 on which the United States Justice Foundation is working, 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’s 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 injuction against Georgia’s secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.
- California attorney Orly Taitz also has brought a complaint alleging Obama is not a “natural born” citizen and has written an open letter to the Supreme Court asking for the issue to be resolved.
- Pennsylvania attorney James D. Schneller is suing Pennsylvania’s secretary of state, Pedro A. Cortes., to prevent transmittal of the certified electoral vote, claiming severe moral consequences and infringement upon even freedom of religion if Obama’s eligibility is not established. His case is active before the Supreme Court of Pennsylvania.
- In Washington state, attorney Stephen Pidgeon is representing 12 plaintiffs in a case that claims to have standing under a unique Washington statute that allows any registered voter to challenge the election of someone who, at the time of the election, was ineligible to hold the office. The suit intends to include a subpoena of Obama’s Hawaii birth certificate. The case is scheduled for argument before the Washington Supreme Court on Jan. 8.
Last month, WND reported on the potential complications an ineligible president could create.
“Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void,” argues the Alan Keyes case pending in California, “Americans will suffer irreparable harm in that (a) usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal.”
With such high stakes potentially at risk, WND earlier launched a letter campaign to contact Electoral College members and urge them to review the controversy.
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 question was why, if a Hawaii birth certificate exists as his campaign has stated, Obama hasn’t simply ordered it made available to settle the rumors
The governor’s office in Hawaii said there is a valid certificate but rejected requests for access and left ambiguous its origin: Does the certificate on file with the Department of Health indicate a Hawaii birth or was it generated after the Obama family registered a Kenyan birth in Hawaii?
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