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Desperate times December 15, 2009

Posted by Exploring the Natural Born Citizen Clause in Quo Warranto.
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Note: Does she really believe that the US AG is going to respond to her ultimatum? If not, what does she expect to do? Sue him?… As to reasons why Orly will fail read this posting on Newman v US or Andrade v Lauer where the Court found that

PS: Orly again failed to appropriately edit the SSN and I foolishly copied her work. Shame on me for not double checking Orly. I should know better.

Moreover, this court has stated that actions against public officials (as opposed to actions brought against officers of private corporations) can only be instituted by the Attorney General. See United States ex rel. Noel v. Carmody, supra, 148 F.2d at 685.

12.14.09. Via Certified Mail

Attn Mr. Eric Holder
United States Attorney General
950 Pennsylvania Ave NW
Washington DC 20530-0001 USA

Dear Mr. Holder,

On March 1st on behalf of my clients I have submitted to you a request to file Quo Warranto against Mr. Barack Hussein Obama. The request was filed due to following troubling facts:

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Donofrio – OIP Op. Ltr.No. 90-7 September 25, 2009

Posted by Exploring the Natural Born Citizen Clause in FOIA, HRS 338, Legal Remedies, Leo Donofrio.
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Leo is quoting from OIP Op. Ltr.No. 90-7, which he believes supports his case. What he fails to recognize is that it merely supports that the index data which was generated at the time of registration can be inspected by the public, not that he or anyone else who is lacking a direct and tangible interest in the data can see the records, even when redacted.

So let’s see what the memorandum decided and why it fails to support Leo’s position.

1. Hawaiian Law explicitly protects the records from being disclosed to anyone lacking a direct and tangible interest.

2. Even if Hawaiian law were not to protect the records, privacy concerns would outweigh the public interest in said data, especially since this is a case between one private person and another private person, and there is a lacking public interest in the disclosure of the data.

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Donofrio – Misunderstandings September 25, 2009

Posted by Exploring the Natural Born Citizen Clause in FOIA, HRS 338, Legal Remedies, Leo Donofrio.
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Donofrio argues that the Department of Health of Hawaii is guilty of misdirection

This example of misdirection is even more egregious in that it specifically cites 338-18 while failing to acknowledge subsection (d) of the very same statute.  The misdirection is found where Akubo states, “Therefore, neither a birth certificate nor any information related to a birth certificate may be disclosed to a person who does not have a direct and tangible interest in it”.

Okubo is correct, the only data that are freely accessible are not information related to a birth certificate or the birth certificate itself but rather the list of data generated when such a document is filed. Such lists contain the name, the date, the sex and the kind of vital event. In other words, lets assume that the birth certificate were to show that Obama was born a girl but that when registered, the index list generated inadvertently stated ‘boy’. The DOH is by law prohibited from accessing the birth record data and to confirm the sex of Obama as found on said certificate, although it is free to provide access to the lists that were generated.

This may appear to be a minor distinction but when it comes to following the law, it is important to correctly define the terminology used.

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Donofrio – Letter from Okubo September 25, 2009

Posted by Exploring the Natural Born Citizen Clause in FOIA, HRS 338, Legal Remedies, Leo Donofrio.
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Janice Okubo, correctly explains how Hawaiian Law prohibits access to vital statistic records unless one has a direct and tangible interest in the record. All that is required is to provide public access to the daily lists of index data generated when records are submitted. Such data include the name, sex and kind of record. That such data exists is well established since at least two Hawaiian newspapers used said index lists to generate their birth announcements.

Under Hawaiian Law, Leo has no tangible and direct interest in the records, although he, like anyone else, is free to inspect the lists generated. I am however not sure why Leo would be interested in such data, especially since the data has already been disseminated by at least two newspapers and contains less data than found in the COLB released by President Obama.

RE: Please add to my UIPA request
From: Okubo, Janice S. (janice.okubo@doh.hawaii.gov)
Sent: Thu 9/03/09 3:48 PM
To: Terri K (terri1958@hotmail.com)
Aloha Terri K,

I am responding to your latest e-mails on behalf of Dr. Fukino and the Department of Health.

Section 92F-13, Hawaii Revised Statutes, says that disclosure is not required for government records that are protected from disclosure by state law. Section 338-18, Hawaii Revised Statutes, is just such a law.  It prohibits disclosure of vital statistics records to anyone who does not have a direct and tangible interest in the record.  Those persons with a direct and tangible interest are listed specifically in the statute. Under section 338-1, Hawaii Revised Statutes, vital statistics records include registration, preparation, and preservation of data pertaining to births and other vital events, as well as related information.

Therefore, neither a birth certificate nor any information related to a birth certificate may be disclosed to a person who does not have a direct and tangible interest in it.  You have not shown that you have such an interest in President Obama’s birth certificate, so we cannot disclose to you the birth certificate or any related information.

We now consider this matter closed. We do not plan to respond to further UIPA requests from you for President Obama’s birth certificate or any related information.

Janice Okubo
Communications Office
Hawaii State Department of Health
1250 Punchbowl Street

Honolulu, Hawaii 96813
Phone: (808) 586-4442
Fax: (808) 586-4444
email: janice.okubo@doh.hawaii.gov

Donofrio – Hawaii Index Data September 25, 2009

Posted by Exploring the Natural Born Citizen Clause in FOIA, HRS 338, Legal Remedies.
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Leo Donofrio is back, this time to argue that the laws of Hawaii require that certain data be made available under the UIPA, citing HRS 92F-12(15)

(15) Information collected and maintained for the purpose of making information available to the general public;

What Leo seems to forget is that the birth records are not collected and maintained for the purpose of making this information available to the general public. On the contrary, birth records are explicitly prohibited from being made available to the general public. The OIP, who is in charge of ruling on these matters in written opinions, consistently observes that (Op. Ltr.No. 90-23)

The UIPA, the State’s new public records law, provides that “[a]ll government records are open to public inspection unless access is closed or restricted by law.” Haw. Rev. Stat. § 92F-11(a) (Supp. 1989). This general rule of agency disclosure also reflects a legislative intention that specific statutes which restrict or grant access to government records control over the UIPA’s general access provisions. Thus, the UIPA does not require agencies to disclose “[g]overnment records which, pursuant to state or federal law . . • are protected from disclosure.” Haw. Rev. stat. § 92F-13(4) (Supp. 1989). Similarly, the UIPA requires the disclosure of “[g)overnment records which, pursuant to … a statute of this State, are expressly authorized to be disclosed to the individual requesting access.” Haw. Rev. Stat. § 92F-12(b) (2). Therefore, an examination of chapter 338, Hawaii Revised Statutes, is necessary to determine whether access to vital statistic records is closed or restricted by statute, or whether these government records are expressly authorized to be disclosed.

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the Swamp: Obama 'birther' hit with Cal Bar complaint September 18, 2009

Posted by Exploring the Natural Born Citizen Clause in CA Bar Complaint, Lawyers, Legal Remedies, Orly Taitz.
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The Swamp reports

Chandra, a former Cleveland law director and a Democratic candidate for state attorney general, said Taitz is damaging the legal profession with her incendiary allegations.

“I’m a member of a self-regulating profession,” said Chandra, a Stanford grad who formerly practiced law in the LA area. “Baselessly accusing a judge of treason and corruption undermines the justice system’s integrity, as does filing a complaint without any evidence and based solely on discriminatory motives.”

TPM: Birther Orly Taitz Faces California Bar Complaint Over Attack On Judge September 17, 2009

Posted by Exploring the Natural Born Citizen Clause in CA Bar Complaint, Legal Remedies, Orly Taitz.
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TPM reports

Now, in response to Taitz’s comments to TPM calling the judge corrupt and suggesting he should be tried for treason, a fellow member of the California bar has filed a formal complaint against Taitz.

And who dared to call out the Queen of the Birthers, the Lady Liberty?

Read Chandra’s full complaint right here. Chandra was a Democratic candidate for Attorney General of Ohio in 2006 and a delegate to the Democratic National Convention last year.

How long?

Once the complaint is received — it was mailed today, Chandra says — the investigative division of the bar’s Office of Chief Trial Counsel, which deals with disciplinary matters, will review the matter. The process could take up to 6 months, says California bar spokesperson Kathleen Beitiks.

Allen v Soetoro – Docket September 7, 2009

Posted by Exploring the Natural Born Citizen Clause in Allen v Soetoro, FOIA, Legal Cases, Legal Remedies.
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U.S. District Court
DISTRICT OF ARIZONA (Tucson Division)
CIVIL DOCKET FOR CASE #: 4:09-cv-00373-FRZ

Allen v. Soetoro et al
Assigned to: Judge Frank R Zapata
Cause: 05:552 Freedom of Information Act
Date Filed: 07/06/2009
Jury Demand: Plaintiff
Nature of Suit: 895 Freedom of Information Act
Jurisdiction: U.S. Government Defendant

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Counting the Electoral Vote July 25, 2009

Posted by Exploring the Natural Born Citizen Clause in De Facto Officer, Legal Remedies, President Hayes, Quo Warranto.
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What people seem to have forgotten is that in the 19th Century, Congress was faced with a very similar situation in the Election of President Hayes. We can observe how Congress approached matters in those days, their reasoning and the outcome. For instance, Congress considered a bill in which the title of the President Elect could be challenged in Court, either the Supreme Court, or the Circuit Court if the Supreme Court lacked original jurisdiction. Senators strongly opposed this and argued that having the outcome of the elections decided by the judiciary was counter to the idea of the Founders, that the title of President could only be addressed by Congress via the 12th Amendment (the 20th Amendment did not exist yet) and that once a President was elected, his election was to last 4 years, even if errors were made as the decision to elect a President would be final and irrevocable.

What history shows is that when Congress had to deal with a similar situation as to whether or not a duly elected President’s title could be tried. And they clearly show that

1. Congress is the final arbiter per 12th amendment and its decision is final, and irrevocable, even if later found to be in error.

2. There is no place for the judiciary to decide on Presidential election. This means that the use of Quo Warranto to try the title for Presidency is not provided for.

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NY Times 1882- Reporting on Quo Warranto and trying the title of the President July 25, 2009

Posted by Exploring the Natural Born Citizen Clause in Legal Remedies, News, Quo Warranto.
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The New York Times, on June 20, 1882, published an article explaining that an attempt by Congress to allow the title of the President to be tried by Quo Warranto had been defeated. Most relevant are the comments by Mr. Hewitt who “did not approve the bill, and he remarked that be was satisfied that no man installed in the office of President could be ousted before the expiration of his four years by any method except revolution”

ELECTING THE PRESIDENT

AN ELECTORAL COUNT BILL WHICH WAS PROMPTLY KILLED.
MR UPDEGRAFF’S -SUBSTITUTE FOR THE SENATE BILL-DEGRADING THE OFFICE BY MAKING IT A SUBJECT OF LITIGATION — THE SENATE BILL RECOMMITTED.

WASHINGTON, June 20.-The action taken by the House to-day shows that it will be difficult to frame an Electoral Count bill which will meet the approval of that body, and still more difficult to frame one that will be actepted by both House and Senate. The bill reported by Mr. Updegraff, from the select committee charged with the subject, which was published in full some time ago, was rejected by a vote of 93 to 100, and the bill which has passed the Senate failed to be advanced to its third reading, and was recommitted by an almost unanimous vote.

The part of Mr. Updegraff’s bill which aroused the strongest opposition was that which provided that the defeated candidate for the Presidency might appeal to the courts after the votes bad been counted and his opponent declared elected. The sections in question provided that the claimant might proceed bv quo warranto in the United States Circuit Court by filing complaint within 10 days after the declaration of his rival’s election. The defendant must answer and plead within 20 days, and the trial must begin within 30 days after the service of the summons. Provision was also made for appeal to the Supreme Court and for enforcement of judgment by a writ addressed to any Marshal.

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Federal Quo Warranto – No applicable to the President July 13, 2009

Posted by Exploring the Natural Born Citizen Clause in Legal Remedies, Quo Warranto.
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Time to visit the concept of Quo Warranto and its applicability to the President or Congress. Some rumors have started that Congress used Quo Warranto to remove Albert Gallatin as an elected Senator. Nothing is further from the truth. The discussions in Congress suggest that Quo Warranto does not apply to Constitutional Officers whose election, appointment and removal are explicitly described in the Constitution.

But first some Congressional words about Quo Warranto:

Mr Thurman: It seems to mo that these considerations abundantly show that the idea of contesting the office of Chief Magistrate of the United States in any court whatsoever is not to be entertained for a moment. I do not, therefore, agree with the Senator from Vermont that there can be any such contest. I do not think that the framers of the Constitution intended that the title of the persons declared in the joint assembly of the two houses to be President should remain in doubt for a single moment, but that, on the contrary, from the time he was declared to be elected all men should respect his title, for ho was declared elected pursuant to the Constitution of the country. There might be error in deciding who was elected; every body of men is liable to commit error; courts are liable to commit error as well as congresses; the decision may be in favor of the wrong man ; but the public safety and peace require that that decision, when once made, shall be final and irrevocable.

Mr. Frelinghuysen: It seems to me, Mr. President, that there is one idea which the Senator from Ohio has entirely omitted, which is conclusive upon this subject,; it certainly is to my mind. I think the twelfth article of the amendments to the Constitution settles who has jurisdiction over this question. It does not do so in express terms, but it does do so by necessary implication. It says that the President of the Senate is to open the certificates and the votes, which are then to be counted in the presence of the two houses. That by necessary implication to my mind gives the jurisdiction over this subject to the two houses; and if the Constitution does give it to them, we cannot by law give it to the judiciary of the country.

Source: United States congress, The presidential counts: a complete official record of the proceedings of Congress at the counting of the electoral votes in all the elections of president and vice-president of the United States; Publisher D. Appleton and company, 1877
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2009-07-06: Allen v Soetoro – Complaint July 9, 2009

Posted by Exploring the Natural Born Citizen Clause in Allen v Soetoro, FOIA, Legal Cases, Legal Remedies.
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Hat Tip: Dr Conspiracy

Note: A somewhat rambling request to force the production of information under the Freedom of Information Act. Although the complaint includes President Obama, it fails to state a claim and I predict that he will be dropped from the suit. In addition, the complaint is based on speculations about President Obama’s citizenship without any supporting evidence beyond some vague or disproven claims.

OK, people, here is the lawsuit that is going to have Obama & Co. scrambling a fallout shelter….

BUT FIRST, A LITTLE BACKGROUND

Ken Allen had previously filed a FOI Request for information about one Barry Soetoro. The information requested, among other things, included Barry Soetoro’s school records and his Alien number. Ken has reason to believe that the Defendants in this Complaint have illegally prevented him from receiving the requested information, thus, the Lawsuit.

Ken Allen filed the original Request based on information and belief (not stated) that:

1. When registering as an attorney in the state of Illinois, Obama was required to fill out a form which asked for “Full Former Names” used. Obama wrote “None”. The other names he has used, that we currently know, are: Barack Hussein Obama, Barry Soetoro, Barry Obama, Barack Dunham and Barry Dunham.

Note: When the issue was raised, people contacted the State of Illinois which responded that the ‘full former names’ refers to names under which the registrant offered law services.

2. Obama has “sealed” all U.S. birth, school and business records filed under the Barack Obama name via legal action along with an Executive Order of Jan. 26, 2009.

3. If it is found that he has “sealed” all of the above mentioned records filed under the name of “Barry Soetoro”, it would be an admission of Perjury… a felony, plus an admission of ineligibility… cause for removal.

4. If he has not “sealed” or “scrubbed” these records, they will be available under the FOIA, hence the Complaint.

NOTES:

1. Barry Soetoro, being a foreigner, is not protected by the FOIA or by the Executive Order of January 26, 2009.

2. When reading the attached Complaint, do not confuse the name of Barry Soetoro with that of Barack Obama. Legally speaking, they are two different people for the purpose of this Complaint.

3. We DO have standing in this case because we used the FOIA in requesting this information.

Now, the paperwork….

Kenneth Allen., in Proper Person
10055 E Gray Hawk Drive
Tucson, Arizona 85730
Ph # 520-514-9704
In Proper Person,

IN THE UNITED STATES DISTRICT COURT
For the District of Arizona

In re: Kenneth Allen,
Plaintiff,

V.
Barry Soetoro, aka Barack
H Obama, aka Barry Obama
And;
Attorney General Eric Holder
U.S. Department of Justice
And;
Hillary R. Clinton
And;
Secretary Janet Napolitano COMPLAINT
Department of Homeland (FOIA)
Security U.S. and U. S.
Citizens and Immigration
Services; et, al
Defendants
Inclusive 1 thru 49


Jurisdiction and Venue

1. This Court Has Jurisdiction over this case pursuant to Title 28 USC § 1340 and exclusive Jurisdiction over the case pursuant to Title 5 USC § 552 (a) (4) (b) and Under Title 5 USC § 552 (a) (g) (1) and the subject matter herein and has exclusive jurisdiction over any civil action arising under any act of Congress. This complaint also arises under Article II section I of the United States Constitution and Title 44 Chapter 33.

2. This is proper Venue, venue arises under Title 28 USC § 1340.

Complaint for Injunctive Relief

3. This is an action pursuant to the Freedom Of Information Act “(FOIA)”, Title 5 § 552 and 552(a) and the Article II § I of the United States Constitution, for injunctive and other appropriate relief, and seeking the immediate processing and release of agency records requested by the plaintiff (Kenneth Allen) from the Defendants, with regards to Barry Soetoro, Stanley Ann Soetoro and Lolo Soetoro and all known and unknown alias.

4. The Defendants, herein named ( Eric Holder, Hillary Clinton and Janet Napolitano ) do business in the State Of Arizona as a Federal entity, and will be served at the addresses named herein and above in the caption.

5. That the Plaintiff (Kenneth Allen), appearing here in proper person, resides in the State of Arizona, City of Tucson, county of Pima, With an Address of 10055 E Gray Hawk Dr, Tucson, Arizona 85730.

6. The true names and capacities, whether individual, corporate, associate, representative, or otherwise of the defendants (Eric Holder, Hillary Clinton and Janet Napolitano) named herein as does 1 through 49, inclusive, are known to the plaintiff, However Plaintiff sues’ said defendants for information and document’s under the FOIA complaint for requested documents regarding Barry Soetoro and such fictitious names as Barack Obama, Barry Soetoro and all other named and unnamed defendants. The plaintiff will amend this complaint to show their true names and capacities when the same has been ascertained. Plaintiff is informed and believe that and allege that each of the unknown defendants are equally responsible in some manner for the deprivation claimed and challenged herein, and caused by defendants conduct.

7. Plaintiff is hereby informed and believe, and upon alleged, that all times relevant and material hereto, defendants does 1 through 49 inclusive, where they were acting within the scope and course of a government agency as defined in Title 5 USC § 552 and 552(a)

8. Paragraphs 1 through 7, hereby and above, are hereby incorporated by reference into each and every claim for relief asserted herein below, unless the context clearly indicates otherwise.

9. This complaint is the result of the defendants blatant refusal to produce documents requested by the Plaintiff (Kenneth Allen) pursuant to Title 5 USC § 552 and 552(a) and in a timely manner or for non answer of sorts by the State Department dated June 1, 2009 almost 4 months after my request to them, and stalling tactics by Home Land security and then a denial.

10. On his first day in office, Monday, January 26, 2009 Part VIII The President signed Executive Order 13489—Presidential Records Executive Order 13490—Ethics Commitments . This order was entered into the Federal Register on January 26, 2009.

11. What this executive order says, is that only the Attorney General (Eric Holder) and Council to the President, (Gregory Craig) is able to review presidential records requests and determine if they can be made public or not. (See Section 3).

12. Because that Barack Obama denies the he was ever called Barry Soetoro it shouldn’t be a problem with transparency when it come to producing the requested records pursuant to Title 5USC § 552 and 552(a). And because Barry Soetoro is not a citizen as defined by the Law he isn’t protected by the (FOIA).

13. The original FOIA was dated February 9th 2009 and was a request for information and records relating to Barack H Obama aka Barry Soetoro.

14. Department of Home Land Security advised me February 19th 2009 that I needed to Obtain permission from Barack Obama and assigned me a response number of NRC 2009008466. They also requested that I modify my FOIA.

15. I therefore modified the request and a new request was made on March 1 2009, certified number 70081140000373751719 with a request to secure documents relating to Barry Soetoro, Stanley Ann Soetoro and Lolo Soetoro. They also requested that I write and request permission for Barry Soetoros records, at the same time they asked me for Barry Soetoros Alien number, therefore the request had become a request for records under Title 5 USC § 552 and 552(a) for applications from Aliens for US passports and Visas requested by non-citizens to enter the US by the name of Barry Soetoro, Stanley Ann Soetoro or Lolo Soetoro or by any other name aka known and unknown, et al and for information relating to Stanley Ann Dunham, aka Stanley Ann Soetoro.

16. The request under the FOIA and Article II § I would not be private information but should have been public information and of interest to the public.

17. To make it very clear to DHS and to US Citizenship and Immigration I gave them a brief history of Barry Soetoro as I will here for the court, I believe it is important for the court to understand why its is so important that these documents should be released to the public.

18. Barry Soetoro’s mother, Stanle Ann Soetoro; aka Stanley Ann Obama; aka Stanley Ann Dunham had to relinquish her son’s citizenship in order to obtain Indonesian Citizenship. The US could not allow dual citizenship with Indonesia at the time; as Indonesia did not allow dual citizenship. It was prohibited by the hague convention of 1930, as interfering with internal affairs of another sovereign country.

19. Additionally, assuming Barry Soetoro was born in what is now Kenya, at the time of Senator Obama’s birth in 1961, Kenya was the British Protectorate of Zanzibar and Barry Soetoro automatically became a British Subject under Section 32(1) of the British Nationality Act of 1948, effective date January 28, 1949, based on his father’s citizenship.

20. Finally, in 1981, Barry Soetoro traveled to Pakistan, when there was a ban for U.S. citizens to travel to Pakistan, therefore the only logical possibility for him to do so was by using one of his other passports: Indonesian, Kenyan, or British.

21. In original legal action filed by Mr. Berg, he presented Barry Soetoro’s school registration, showing him registered as Barry Soetoro, Citizenship-Indonesian, Religion Islam, signed by L. Soetoro. From 1945, Indonesia has not allowed dual citizenship and, therefore, Ms. Dunham-Obama-Soetoro, Barry Soetoro’s mother, had to relinquish her son’s U.S.citizenship in order to obtain Indonesian citizenship for him, which would make him a citizen of Indonesia and no loner a citizen of Kenya or even the United States had he been born there.. Additionally, the United States could not allow dual citizenship with Indonesia at that time, as Indonesia did not allow dual citizenship, and it was prohibited by the Hague Convention of 1930, as interfering with the internal affairs of another sovereign Country.

22. Therefore my request being modified as requested was for; an original copy of the immigration records pertaining to Barry Soetoro [adopted in Indonesia], returned to Hawaii in 1971, if any. Documents as to whether Barry Soetoro is still an Indonesian citizen; and if he is not; documentation of when he became a naturalized citizen pursuant to the 14th Amendment. True and correct copies of Barry Soetoro passports for the years: 1979, 1980, 1981 and 1982, including, but not limited to: A true and correct copy of Barry Soetoro’s “Indonesian” passport for the years: 1979, 1980, 1981 and 1982; A true and correct copy of Barry Soetoro’s passport including documented history of travel to Pakistan, and nationality contained therein for the years 1981 and 1982. Any all of the above requested documentation should include, and not be limited to: notes, changes, requests for changes, omissions, exclusions, deletions or redactions. A true and correct copy of Stanley Ann Obama, aka Stanley Ann Dunhams, aka Stanley Ann Soetoro’s passport, and all history for the years 1959 through 1987 this request is not subject to 6 CFR section 5.21(f), the subject is deceased. A true and correct copy of the passport history of Lolo Soetoro, M A. This request is not subject to 6 CFR sections 5.21(f).

23. I stated that I was entitled to verified copies of all requested documents under statutory authority. I also promised to pay any fees although I think this would fall under a media request and exempt from fees. I reminded them if they couldn’t produce the document to please state so. Therefore any and all of the requested documents under 5USC §§ 552 and 552(a) and the constitution should include, and not be limited to: notes, changes, omissions, exclusions, deletions or redactions.

24. The FOIA Act protects Citizens and residents here permanently and not illegally, according to the Federal Trade Commission and the commissioner and the commissioner Christine A. Varney “commissioner the FOIA does not protect a foreigner or alien that are not a Permanent resident of the United States of America. The following document was prepared in part by the Commissioner.

25. The Privacy Act does have some limitations. Critics have charged, despite the generally laudable goals of the Privacy Act, that the Act’s “routine use” exception and the “law enforcement” exception undermine the values of transparency and enhanced protection for sensitive formation. Limited remedies may also diminish enforceability. Finally, the Privacy Act applies only to federal government agencies. It does not cover state and local agencies, Congress, or the private sector. The Act also only protects U.S. citizens and aliens with permanent residence. The Privacy Act does not apply to foreigners, unions, collective associations, or corporations. To that end, the U.S. Office of Management and Budget (OMB) are responsible for the Act’s implementation and is considering needed policy changes. Substantive changes in the Privacy Act, however, must await Congressional action.

26. As a reminder the 4th and 14th Amendment’s protection may not extend to an illegal alien. And the Government isn’t obligated to protect information belonging to foreigners or need permission as required under 6 CFR § 5.21(f). It also doesn’t require me to present an application for information on an alien, and I do not know what his Alien number is that’s why I filed this FOIA to obtain that information. Barry Soetoro is not a citizen of the United States or an alien with a permanent residence, Mr. Soetoro is a citizen of Indonesia, and you may refer to the school records attached from Barry Soetoros School in Indonesia. I can however give you the names of his Mother [Stanley Ann Soetoro] and Father [Lolo Soetoro] with an Address of Menteng Dalam r001/003 and a residence date of 1-1-1968. So we know that Barry Soetoro was an Indonesian citizen at the age of 7 and that he had ties in Hawaii. It would seem that Mr. Soetoro would have gone through immigration and customs at some point between 1961 and 2009.

27. Barry Soetoro’s religion is Islam, or it was in 1968 no one can know what it is in 2009. 5 U.S.C. § 552(a)(3)(A) (2000 & Supp. IV 2004) (providing that “each agency, upon any request for records which (i) reasonably describes such records and (ii) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person”). But see id. At § 552(a) (3) (E) (prohibiting, as of 2002, certain agency FOIA disclosures to foreign governments or representatives of such governments); see also FOIA Post, “FOIA Amended by Intelligence Authorization Act” (posted 12/23/02) (advising on 2002 FOIA amendments’ implementation).

28. Mr. Barry Soetoro may also be guilty of the following, even under the guise of another person; Inadmissible Aliens – Any alien who at the time of entry, or while adjusting status was within an inadmissible class. INA§237 (a)(1)(A); Presently in Violation of Law – Any alien who is present in the United States in violation Violated Nonimmigrant Status or Condition of Entry INA§237 (a)(1)(C); of this Act, or any other law of the United States. INA §237 (a)(1)(B); Smuggling – Any alien who encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of the law. INA §237 (a)(1)(E);Marriage Fraud INA §237 (a)(1)(G); Criminal Offenses INA §237 (a)(2)(A) and (B); Document Fraud INA §237 (a)(3)(C); Falsely Claiming Citizenship – Any alien who falsely represents, or has falsely represented, him or herself to be a citizen of the United States for any purpose or benefit. INA §237 (a) (3) (D);

29. I would hope that the agency if the have any information on the person named Barry Soetoro would produce the requested documents if in fact they exist.(citing Nation Magazine, 71 F.3d at 890)); see Horsehead Indus. v. EPA, No. 94-1299, slip op. at 4 n.2 (D.D.C. Jan. 3, 1997) (ruling that “y construing the FOIA request narrowly, [the agency] seeks to avoid disclosing information”); FOIA Update, Vol. XVI, No. 3, at 3 (advising agencies on interpretation of terms of FOIA re an agency “must be careful not to read [a] request so strictly that the requester is denied information the agency well knows exists in its files, albeit in a different form from that anticipated by the requester.” Specifically, agencies should be careful to undertake any “scoping” of documents found in response to a request only with full communication with the FOIA requester. I believe my request to be reasonable and I believe the information I have provided to the agency to be adequate to find the records. See 5 U.S.C. § 552(a)(3)(A) (2000 & Supp. IV 2004) (statutory provision requiring that a FOIA request “reasonably describe[]” the records sought); see also, e.g., Ledesma v. U.S. Marshals Serv., No. 05-5150, 2006 U.S. App. LEXIS 11218, at *2 (D.C. Cir. Apr. 19, 2006). The FOIA requires that “any reasonably segregable portion of a record” must be released after appropriate application of the Act’s nine exemptions.

30. According to judicial watch and Tom Fitton.“Sanctuary policies are affront to the rule of law, worsen illegal immigration crises, and put American citizens at risk,” said Judicial Watch President Tom Fitton. “Local police departments cannot continue to undermine federal immigration law. The Chicago Police Department should be required to comply with the Illinois Freedom of Information Act so taxpayers can understand its immigration policies.”His case also illustrates, however, the value of the FOIA. The public clearly has a “substantial interest” in knowing the identities of criminals among us; that’s why we see “Wanted by the FBI” posters in every U.S. Post Office in America. It’s why police so often ask the public for help in finding accused criminals who are at large. It’s why the “Amber” system works so well in finding kidnapped kids. It’s also why the Save acts works; employers are able to identify aliens who use fraudulent document to acquire a job.

31. In a case before the Supreme in 1990 brought by The American Civil Liberties Union and Computer Professionals for Social Responsibility in of Respondents No. 90-747, the case being about how to evaluate competing interests in privacy and open government under Exemption . That exemption provides that agencies may withhold only personal information “the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. S. 552(b) (6) (1986) (emphasis added). Although the names and addresses at issue here are personal information that implicates an Exemption 6 privacy interest, that interest does not outweigh the strong public interest in the light that their release would shed on implementation of the Government’s immigration policy. Thus, their disclosure would not “constitute a clearly unwarranted invasion of personal privacy,” and FOIA compels their release.

32. The Government also ignores the full range of public interests to be considered in Exemption 6 and 7(C) cases. Consistent with FOIA’s general philosophy of full disclosure, this Court has long held that FOIA’s disclosure requirements are to be read broadly and its exemptions Construed narrowly. U.S. Dept. of Justice v. Julian, 486 U.S. 1, 8 (198 (citing FBI v. Abramson, 456 U.S. 615, 630 (1982); Dept. of the Air Force v. Rose, 425 U.S. 352, 361 (1976)). This interpretive maxim requires a broad definition of the public interests to be considered in Exemption 6 and 7(C) cases. Thus, Reporters Committee held that courts considering the public-interest side of the balance in such cases must determine whether release of the requested information would “shed any light on the conduct of any Government agency or official.” 489 U.S. at 773 (emphasis added).

33. The information Requester seek in this case undeniably would shed light on the Department of Homeland Security and US Citizenship and Immigration Services conduct concerning its Indonesian and foreign repatriation policy. Due to the fact that Ms Napolitano believes Veterans and 2nd amendment and pro-life supporters should be considered terrorists than she shouldn’t have any problems with the release of the names and addresses that would reveal the source of the facts underlying an aspect of the nation’s immigration policy where it pertains to Barry Soetoro, Stanley Ann Soetoro and Lolo Soetoro. It would further FOIA’s “basic purpose . . . ‘to open agency action to the light of public scrutiny,’” Rose, 425 U.S. at 372, by telling the public against whom the Government enforced its policy of repatriation and upon whom the Department of Homeland Security relied in evaluating that policy and in deciding to continue it therefore denying my request for records concerning Barry Soetoro and his connection to Barack H. Obama. Exemption 7 only protects private information of citizens and Permanent residents, not of illegal aliens or unregistered aliens.

34. The public has a strong interest in knowing the names and addresses of Barry Soetoro because their disclosure would shed light on the Department’s performance of its duty to monitor Indonesian and unlawful entry into the United States and on the Government’s decision to continue its policy of repatriating In contrast, the Government has failed to demonstrate the existence of a strong privacy interest on the part of the interviewees. Thus, in this case, the public interest in disclosure outweighs the limited privacy interest implicated by revealing the identities of Barry Soetoro, et al. Government has failed to establish that any invasion of privacy would result from disclosure would be “clearly unwarranted.” Accordingly, this appeal should be granted and the requested information herein should be released.

35. Exemption 7(C), by its terms, permits an agency to withhold a document only when revelation “could reasonably be expected to constitute an unwarranted invasion of personal privacy.” We must next address what factors might warrant an invasion of the interest described in FOIA.

36. United States Department of Justice v. Julian, 486 U.S. 1, 13 -14 (198, and although the FBI’s policy of granting the subject of a rap sheet access to his own criminal history is consistent with its policy of denying access to all other members of the general public, see supra, at 752, the rights of the two press respondents in this case are no different from those that might be asserted by any other third party, such as a neighbor or prospective employer. As we have repeatedly stated, Congress “clearly intended” the FOIA “to give any member of the public as much right to disclosure as one with a special interest [in a particular document].” NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 149 (1975); see NLRB v. Robbins Tire & Rubber Co., 437 U.S. 214, 221 (197; FBI v. Abramson, 456 U.S. 615 (1982). As Professor [489 U.S. 749, 772] Davis explained: “The Act’s sole concern is with what must be made public or not made public.”

37. Thus whether disclosure of a private document under Exemption 7(C) is warranted must turn on the nature of the requested document and its relationship to “the basic purpose of the Freedom of Information Act `to open agency action to the light of public scrutiny.’” Department of Air Force v. Rose, 425 U.S., at 372 , rather than on the particular purpose for which the document is being requested. In our leading case on the FOIA, we declared that the Act was designed to create a broad right of access to “official information.” EPA v. Mink, 410 U.S. 73, 80 (1973). 20 In his dissent in that case, Justice Douglas characterized the philosophy of the statute by quoting this comment by Henry Steele Commager:

38. “`The generation that made the nation thought secrecy in government one of the instruments of Old World tyranny and committed itself to the principle that a democracy cannot function unless the people are permitted [489 U.S. 749, 773] to know what their government is up to.’” Id., at 105 (quoting from The New York Review of Books, Oct. 5, 1972, p. 7) (emphasis added).

39. This basic policy of “full agency disclosure unless information is exempted under clearly delineated statutory language,’” Department of Air Force v. Rose, 425 U.S., at 360 -361 (quoting S. Rep. No. 813, 89th Cong., 1st Sess., 3 (1965)), indeed focuses on the citizens’ right to be informed about “what their government is up to.” Official information that sheds light on an agency’s performance of its statutory duties falls squarely within that statutory purpose. That purpose, however, is not fostered by disclosure of information about private citizens that is accumulated in various governmental files but that reveals little or nothing about an agency’s own conduct. In this case – and presumably in the typical case in which one private citizen is seeking information about another – the requester does not intend to discover anything about the conduct of the agency that has possession of the requested records. Indeed, response to this request would not shed any light on the conduct of any Government agency or official.

40. Requestor argues that there is a twofold public interest in learning about Barry Soetoro’s past. What I have said should make clear that the public interest in the release of any information requested on Barry Soetoro that may exist is not the type of interest protected by the FOIA. But that interest falls outside the ambit of the public interest that the FOIA was enacted to serve.

41. Finally, we note that Congress has provided that the standard fees for production of documents under the FOIA shall be waived or reduced “if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C. 552(a)(4)(A)(iii) (1982 ed., Supp. V). Although such a provision obviously implies that there will be requests that do not meet such a “public interest” standard, we think it relevant to today’s inquiry regarding the public interest in release of information on Barry Soetoro records. Congress once again expressed the core purpose of the FOIA as “contributing significantly to public understanding of the operations or activities of the government.

42. The Requester see’s disclosure of any record(s), document(s), file(s), communications, memorandum(a), order(s), agreement(s) and/or instruction(s), created from 1961 to the present, that were prepared, received, transmitted, collected and/or maintained by the U.S. Citizenship and Immigration Services or any of its components, including but not limited to the Counterintelligence Field Activity Agency for Barry Soetoro or his father and mother Lolo Soetoro and Stanley Ann Soetoro.

43. It is very clear that Barry Soetoro is not a citizen of the United States, it is also clear that if in fact Barack H Obama is Barry Soetoro then he also would have no protections under the FOIA because he would be a foreign National and any executive order he has given would be null and void.

First Cause of Action

Violation of the FOIA for failure to Timely respond to Plaintiff (Kenneth Allen’s) requests.

44. Plaintiff repeats’ and reallege paragraphs 1-42 .

45. Defendant’s failure to respond timely to Plaintiffs requests as did the Secretary of State violates the FOIA, 5 USC § 552 and 552(a) (6) (i), and DOJ’s own regulations promulgated thereunder, 28 CFR § 16.6 (b).

Second Cause of Action

Violation of the FOIA for failure to expedite the preprocessing of the Plaintiffs requests.

46. Plaintiff repeats and reallege paragraphs 1-42.

47. Defendants failure expedite the processing of plaintiffs request violates the FOIA., 5 USC § 552 and 552 (a) (6) (E) (iii), and the DOJ’s own regulations under 28 CFR § 16.5 (d).

Third Cause of Action

48. Plaintiffs repeat and reallege paragraphs 1-42.

49. Defendants failure to make promptly available the records sought by Plaintiff, violates Title 5 USC § 552 and 552(a) (3) (A).

Conclusion
In conclusion the requestor named here as Kenneth Allen, hereby requests that the information requested under 5 USC §§ 552 and 552(a) with respect to Barry Soetoro, Lolo Soetoro and Stanley Ann Soetoro be released in the interests of the public good. The public interest in the release of any information requested on Barry Soetoro that may exist is not the type of interest protected by the FOIA. But that interest falls outside the ambit of the public interest that the FOIA was enacted to serve. And as a member of Judicial Watch, I also feel it is in the interest of National Security that these documents be released. It would also be fair to ask for documents pertaining to Barack Obama should he in fact be Barry Soetoro. I think Barry Soetoro’s aka, Barack Obama, aka Barry Obama’s British birth should be proof that he in fact was never qualified to run for president or even Senator of these United States of America. Also for the record I have filed this civil action on my own behalf .


Requested Relief

A. Order Defendants immediately to process plaintiff’s FOIA requests and to disclose the requested records;
B. Order defendants immediately to process plaintiffs FOIA requests and to disclose the requested records;
C. Order defendants to immediately expedite the requested records, and to be transparent as to which records they have and which records the intend on disclosing.
D. An Order declaring the defendants actions in violation of the FOIA, Title 5 USC § 552 and 552 (a) and Article II § I.
E. And for any further relief that this court deems just and proper.
I declare under the penalty of perjury that the foregoing complaint is true and correct to the best of my knowledge and belief, respectfully submitted by:
_________________________
Kenneth L Allen
10055 E Gray Hawk Dr
Tucson, Arizona 85730

Grand Jury Presentments and the Government's right to ignore them July 9, 2009

Posted by Exploring the Natural Born Citizen Clause in Common Law Grand Jury, Legal Remedies, Uncategorized.
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A Grand Jury indictment needs to be signed by a Attorney General of the United States and the refusal to sign is not reviewable by the Courts. Without a signature, no indictment exists.

4 Blackstone, COMMENTARIES 275 (1813 ed.). Reports, on the other hand, involved statements of the grand jury on the conduct of the King’s officials and the conditions of the public jails and highways. Over time, however, grand jury reports came to include those “presentments” upon which the grand jury had voted to indict but which could not be considered indictments because the attorney for the government would not sign them, In re Grand Jury January, 1969, 315 F.Supp. 662 (D.Md. 1970).

United States v. Cox, 342 F.2d 167, 186 (5th Cir.) 342 F.2d 167 (5th Cir. 1965)

The constitutional requirement1 of an indictment or presentment as a predicate to a prosecution for capital or infamous crimes has for its primary purpose the protection of the individual from jeopardy except on a finding of probable cause by a group of his fellow citizens, and is designed to afford a safeguard against oppressive actions of the prosecutor or a court. The constitutional provision is not to be read as conferring on or preserving to the grand jury, as such, any rights or prerogatives. The constitutional provision is, as has been said, for the benefit of the accused. The constitutional provision is not to be read as precluding, as essential to the validity of an indictment, the inclusion of requisites which did not exist at common law.

Traditionally, the Attorney for the United States had the power to enter a nolle prosequi of a criminal charge at any time after indictment and before trial, and this he could have done without the approval of the court or the consent of the accused. It may be doubted whether, before the adoption of the Federal Rules of Criminal Procedure, he had any authority to prevent the return of an indictment by a grand jury. There would be no constitutional barrier to a requirement that the signature of a United States Attorney upon an indictment is essential to its validity.

It is now provided by the Federal Rules of Criminal Procedure that the Attorney General or the United States Attorney may by leave of court file a dismissal of an indictment. Rule 48(a) Fed.Rules Crim.Proc. 18 U.S.C.A. In the absence of the Rule, leave of court would not have been required. The purpose of the Rule is to prevent harassment of a defendant by charging, dismissing and re-charging without placing a defendant in jeopardy. Woodring v. United States, 8th Cir. 1963, 311 F.2d 417. Rule 7 eliminates the necessity for the inclusion in an indictment of many of the technical and prolix averments which were required at common law, by providing that the indictment shall be a plain, concise and definite written statement of the essential facts constituting the offense charged. The Rule also provides that “It shall be signed by the attorney for the government.” Rule 7(c) Fed.Rules Crim.Proc. 18 U.S.C.A.

The judicial power of the United States is vested in the federal courts,3 and extends to prosecutions for violations of the criminal laws of the United States. The executive power is vested in the President of the United States,4 who is required to take care that the laws be faithfully executed.5 The Attorney General is the hand of the President in taking care that the laws of the United States in legal proceedings and in the prosecution of offenses, be faithfully executed.6 The role of the grand jury is restricted to a finding as to whether or not there is probable cause to believe that an offense has been committed. The discretionary power of the attorney for the United States in determining whether a prosecution shall be commenced or maintained may well depend upon matters of policy wholly apart from any question of probable cause.7 Although as a member of the bar, the attorney for the United States is an officer of the court, he is nevertheless an executive official of the Government, and it is as an officer of the executive department that he exercises a discretion as to whether or not there shall be a prosecution in a particular case. It follows, as an incident of the constitutional separation of powers, that the courts are not to interfere with the free exercise of the discretionary powers of the attorneys of the United States in their control over criminal prosecutions.8 The provision of Rule 7, requiring the signing of the indictment by the attorney for the Government, is a recognition of the power of Government counsel to permit or not to permit the bringing of an indictment. If the attorney refuses to sign, as he has the discretionary power of doing, we conclude that there is no valid indictment. It is not to be supposed that the signature of counsel is merely an attestation of the act of the grand jury. The signature of the foreman performs that function. It is not to be supposed that the signature of counsel is a certificate that the indictment is in proper form to charge an offense. The sufficiency of the indictment may be tested before the court. Rather, we think, the requirement of the signature is for the purpose of evidencing the joinder of the attorney for the United States with the grand jury in instituting a criminal proceeding in the Court. Without the signature there can be no criminal proceeding brought upon an indictment. Substantial compliance rather than technical exactness meets the requirement of the rule. There seems to be no authority for the statement that the absence of a signature is not fatal. 4 Barron & Holtzoff Federal Practice & Procedure 61, § 1913.

If it were not for the discretionary power given to the United States Attorney to prevent an indictment by withholding his signature, there might be doubt as to the constitutionality of the requirement of Rule 48 for leave of court for a dismissal of a pending prosecution.9

Because, as we conclude, the signature of the Government attorney is necessary to the validity of the indictment and the affixing or withholding of the signature is a matter of executive discretion which cannot be coerced or reviewed by the courts, the contempt order must be reversed. It seems that, since the United States Attorney cannot be required to give validity to an indictment by affixing his signature, he should not be required to indulge in an exercise of futility by the preparation of the form of an indictment which he is unwilling to vitalize with his signature. Therefore he should not be required to prepare indictments which he is unwilling and under no duty to sign.

WISDOM, Circuit Judge (concurring specially):

Nothing in the position of any of the judges in the majority “ignores” or tends to diminish the purely inquisitorial role of the federal grand jury.2 But when that role goes beyond inquiry and report and becomes accusatorial, no aura of traditional or constitutional sanctity surrounds the grand jury. The Grand Jury earned its place in the Bill of Rights by its shield, not by its sword.

The Fifth Amendment requires the grand jury’s “presentment or indictment” as a prerequisite to trial for a “capital, or otherwise infamous crime”. This language provides no aid and comfort to the notion that either the grand jury or the court has the power to compel prosecution once the grand jury has exercised its accusatorial function. “In fact, confusion reigns as to just what a [federal] grand jury can do. Federal statutes are silent on the relationship which is to exist between a federal grand jury, the district court which summons it, and the United States attorney’s office in the district. From 1789 to the present, Congress has made no definitive statement concerning grand jury powers.”3 There is, however, “every reason to believe that our constitutional grand jury was intended to operate substantially like its English progenitor”.4

Orly v SCOTUS – Or why SCOTUS will deny Easterling July 4, 2009

Posted by Exploring the Natural Born Citizen Clause in Easterling v Obama, Hall of Fame - Hall of Shame, Just Plain Weird, Lack of Remedy, Lack of Standing, Lawyers, Legal Objections, Legal Remedies, Non-justiciable, Orly Taitz, Quo Warranto, Stalking SCOTUS.
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On Orly’s website we observe sloppy legal research when it is argued:

She asked if I am an ambassador and I told her that I am not and I don’t have to be. Constitution does not specify that the ambassadors have to be plaintiffs, which means that they can be defendants.”

If this clerk is going to be deciding which cases go forward or not, she should at least research the precedents of the court she is working for regarding the issue at hand. Orly is correct. Ambassadors and ministers do not have to be the plaintiffs:

Boers v. Preston, 111 U.S. 252 (1884)

The plaintiff below, Preston, was a citizen of that state, while the defendant was the consul at the port of New York for the Kingdoms of Norway and Sweden.

Does this person truly not understand the issue here? It’s the issue of Original Jurisdiction. Orly is trying to bypass the lower Courts by claiming that her case is one of original jurisdiction. For this an ambassador has to be party to the case. However, the Supreme Court does not hold exclusive jurisdiction and can refuse to hear the case until a lower court has done so. In the case cited above, it was NOT an original jurisdiction case as the quote provided clearly shows but rather a case which made its way to the Supreme Court through the Circuit Court of NY.

This action was brought in the Circuit Court of the United States for the Southern District of New York. The plaintiff below, Preston, was a citizen of that state, while the defendant was the consul at the port of New York for the Kingdoms of Norway and Sweden.

The case in fact explains

The constitutional grant of original jurisdiction to this Court of all cases affecting consuls, does not prevent Congress from conferring original jurisdiction, in such cases, also, upon the subordinate courts of the Union.

In other words, original jurisdiction of all cases affecting consuls does not mean that only the Supreme Court has Original Jurisdiction. Especially when Congress has conferred original jurisdiction upon the subordinate courts. In Orly’s case, which I believe is a Quo Warranto, Congress has established clearly what court holds original jurisdiction, and it is not the Supreme Court. Leo Donofrio explains. Adding ambassadors as witnesses is not going to help. See also 28 USC § 1351. Consuls, vice consuls, and members of a diplomatic mission as defendant which states

The district courts shall have original jurisdiction, exclusive of the courts of the States, of all civil actions and proceedings against—
(1) consuls or vice consuls of foreign states; or
(2) members of a mission or members of their families (as such terms are defined in section 2 of the Diplomatic Relations Act).

In other words, the original jurisdiction for a Quo Warranto is with the District Court of DC, and the original jurisdiction for cases involving ambassadors is the District Court of DC. What do you think is going to happen?

From Orly’s filing

Such application of the Federal Rules of Civil Procedure is expressly authorized by Rule 17.2 of the Rules of this Court, and in regard to a matter which will attract unparalleled national and international scrutiny thereby to supervise the normally mundane and routine process of discovery under those Rules, including but not limited to granting motions to compel or other mandates for production of documents such as vital, statistical, and otherwise (normally) confidential records concerning or relating to Barack Hussein Obama which be served upon Ms. Hillary Clinton in her capacity as the Secretary of State, Mr. Robert Gates in his capacity as the Secretary of Defense, Ms. Linda Lingle in her capacity as the governor of Hawaii, His Excellency Peter N.R.O Ogengo, the right Honorable Ambassador of Kenya; H.E. the Right Honorable Sudjadnan Pamchadningrat in his capacity as Ambassador of Indonesia, H.E. the Right Honorable Sir Nigel Steinwald in his capacity as ambassador of Great Britain, H.E. the Right Honorable Hussein Haqqani in his capacity as Ambassador of Pakistan and Mr. Sergei Kislyak, Ambassador of the Russian Federation.  All of these discovery actions will constitute mandates to persons over whom this Honorable Court may and in this extraordinary case ought to exercise its discretionary jurisdiction.

And that’s why in this case, as in the many other cases, the plaintiffs will fail to convince the Courts

More on original jurisdiction beyond the fold.

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Berg v Obama (Sealed Case) unsealed and denied w. prejudice June 12, 2009

Posted by Exploring the Natural Born Citizen Clause in Berg v Obama (Qui Tam), False Claims Act, Lawyers, Legal Cases, Legal Remedies, Philip Berg.
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Breaking news:

According to my sources, Phil Berg’s super-sekrit case against Obama has been denied w. prejudice meaning that it cannot be refiled.

The case involved the false claim act and accused President Obama for having inappropriately received federal funds when he was a Senator for Illinois because, as Berg ‘argued’ he was not eligible to serve as such.

The PR from Berg reads in part

U.S. Attorney General Eric Holder Refuses to Prosecute President Obama Under False Claims Act whereby Obama was accused of Defrauding the U.S. Treasury by Illegally being a U.S. Senator from Illinois as Obama is an Illegal Alien, not a U.S. Citizen

Another one ‘bites the dust’

In other news, the fact that the case was dismissed with prejudice suggests that the court found that the plaintiff failed to follow the mandatory procedures for a Qui Tam proceedings. Most likely, the failure to seal the case was the cause of its demise.  This may be one of the reasons why the details of the investigation were not provided to Berg. As Berg states is his press release

I also raised the issue that any Discovery used in the Government’s decision to have the case dismissed, which was secured by the U.S. Department of Justice and U.S. Attorney General’s Office should be turned over to me as the Relator, however, no Discovery was turned over.”

Alternatively, under Section 3730(2)(A) “The Government may dismiss the action notwithstanding the objections of the person initiating the action if the person has been notified by the Government of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.” Furthermore there is the possibility that Berg failed rule 9(b)

As of Jun 13, 2009, no Pacer documents have been located. I am looking forward to the ruling as to why it was dismissed with prejudice.

The reason why I believe the case was dismissed with prejudice based on a failure to seal the case is based on UNITED STATES of America, ex rel. James PILON and Jill
Pilon, v MARTIN MARIETTA CORPORATION and General Electric Company, 60 F.3d 995 in which the United States Court of Appeals for the Second Circuit ruled that:

The Pilons’ counsel asserted at oral argument that his clients should not be penalized, because he had done his best to satisfy the dictates of Sec. 3730(b)(2). The record reveals, however, a considerable lack of good faith. Counsel made only a marginal effort to ensure that the complaint would be filed under seal. Further, once he learned that it had not been so filed, rather than inquiring of the clerk as to what had happened and whether the situation could be remedied, he immediately allowed his clients to give a detailed interview to the press concerning both the complaint’s allegations and matters not mentioned in that pleading. Moreover, remarks by counsel at oral argument suggested that his and the Pilons’ primary objective was to obtain James Pilon’s reinstatement at Martin Marietta. The failure to serve the government supports the likelihood that this was the primary motive for the litigation.

The case for dismissal of the Pilons’ qui tam claims with prejudice is supported not only by policy considerations and the record presented on this appeal, but also by pertinent authority.4 See, e.g., United States ex rel. Texas Portland Cement Co. v. McCord, 233 U.S. 157, 162-63, 34 S.Ct. 550, 552-53, 58 L.Ed. 893 (1914) (dismissing action brought prematurely in violation of statute creating cause of action; statute “creates a new liability and gives a special remedy for it, and upon well-settled principles the limitations upon such liability become a part of the right conferred, and compliance with them is made essential to the assertion and benefit of the liability itself…. [I]t is only the province of the courts to enforce the statute in accordance with its terms.”); Reich v. Dow Badische Co., 575 F.2d 363, 367-70 (2d Cir.) (failure to comply with statutory procedural requirements attendant to bringing complaint alleging age discrimination warrants grant of summary judgment in favor of defendants absent circumstances that might excuse failure), cert. denied, 439 U.S. 1006, 99 S.Ct. 621, 58 L.Ed.2d 683 (1978); United States ex rel. Lujan v. Hughes Aircraft Co., CV 92-1282 JMI (SHx), slip op. (C.D.Cal. Nov. 9, 1993) (relator’s public disclosure of existence and substance of sealed qui tam complaint warrants dismissal); Erickson ex rel. United States v. American Institute of Biological Sciences, 716 F.Supp. 908, 912 (E.D.Va.1989) (McCord and Reich, as well as policy considerations, compel dismissal of qui tam complaint when relator’s “failure to comply with the filing and service provisions irreversibly frustrates the congressional goals underlying those provisions”). We note that while the Erickson court did not specify whether the dismissal was with or without prejudice, when the relator attempted to bring a second action, the court dismissed the successor action and ruled that the prior dismissal had been with prejudice. See Erickson v. American Institute of Biological Sciences, Civ.Action No. 89-1259-A, slip op. at 2 (E.D.Va. Dec. 20, 1989).5

Not only did Berg fail to file the document under seal but also revealed the content and nature of the suit to the public in November 2008

Berg takes this in stride. His writ, he says, requires Obama and the Democratic National Council to respond by December 1. Also, he has another arrow in his quiver. He’s filed in the U.S. District Court in Washington, D.C., under the False Claims Act, which is often used in Medicaid fraud. “I am basing this on the fact that as a U.S. senator [Obama] is collecting money illegally because he is not a citizen of this country,” he says.

July 13, 2005 – Holsworth v Berg: Memorandum and Order to dismiss motion to reconsider April 20, 2009

Posted by Exploring the Natural Born Citizen Clause in Lawyers, Legal Remedies, Philip Berg, Sanctions.
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61IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RICHARD HOLSWORTH, :
ELIZABETH HOLSWORTH :
Plaintiffs,
v.
PHILIP J. BERG, ESQ.,
Defendant. :

CIVIL ACTION : 05-1116

MEMORANDUM AND ORDER
JOYNER, J. July 13, 2005

Via the instant motion, Defendant Philip J. Berg, Esquire, moves for reconsideration of this Court’s Order dated June 3,
2005 imposing sanctions on Defendant pursuant to Rule 11 of the Federal Rules of Civil Procedure. For the following reasons, Defendant’s motion shall be denied.

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June 2, 2005: Holsworth v Berg – Sanctions Order April 20, 2009

Posted by Exploring the Natural Born Citizen Clause in Dual Citizenship, Lawyers, Legal Remedies, Philip Berg, Sanctions.
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61IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RICHARD HOLSWORTH and ELIZABETH
HOLSWORTH,
Plaintiffs :
v.
PHILIP J. BERG, ESQ.,
Defendant

CIVIL ACTION : 05-1116

MEMORANDUM AND ORDER

JOYNER, J. June 2, 2005

Via the instant motion, Third Party Defendants Carpenters Health and Welfare Fund of Philadelphia and Vicinity, Carpenters Pension and Annuity Fund of Philadelphia and Vicinity, Carpenters Savings Fund of Philadelphia and Vicinity, Carpenters Joint Apprentice Committee, National Apprenticeship and Health and Safety Fund, Metropolitan Regional Council of Philadelphia and Vicinity, United Brotherhood of Carpenters and Joiners of America, and Carpenters Political Action Committee of Philadelphia and Vicinity (“Carpenters Health”) move for sanctions pursuant to Federal Rule of Civil Procedure 11 against Defendant Philip J. Berg, Esquire. For the reasons which follow,
the Third Party Defendants’ Motion shall be granted.

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Oh the Follies: Orly filing Quo Warranto Proceedings in State Courts April 18, 2009

Posted by Exploring the Natural Born Citizen Clause in Just Plain Weird, Lawyers, Legal Remedies, Orly Taitz, Quo Warranto.
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Comment: Orly has figured out that Quo Warranto’s can also be filed in State Court. However, since President Obama is a Federal Officer, he cannot be compelled by Quo Warranto in State Courts. As such the State Attorney General cannot institute a Quo Warranto action in State Court and worse, the only valid Court for Federal Quo Warranto is the US District Court of DC. While she claims to have filed two additional Quo Warranto’s with Holder and Taylor, we all know how successful she has been in that area. It also seems that she has abandoned for all practical purposes here filing at the US Supreme Court. Failure upon failure upon failure…

New Line of Attack-State/National Guard Quo Warranto

April 18th, 2009

As I finally have a new blog, new home free of all the Obama thugs, I can finally launch a new line of attack, that got delayed by two weeks because of the blog problems. I am sending today Matthew Michael Edwards v Obama Quo Warranto to the Attorney General of Wyoming and Governor of Wyoming.

Comment: Translation: Obama thugs refer to incompetent supporters or former website owners who allowed Orly to post. I am amazed that Orly is launching a new line of attack while continuing to abandon her former attacks.

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False Claims Act (Qui Tam) – Introduction April 7, 2009

Posted by Exploring the Natural Born Citizen Clause in Berg v Obama (Qui Tam), False Claims Act, Lawyers, Legal Cases, Legal Remedies, Philip Berg.
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Comment: The top-sekrit Berg v Obama case has an interesting history (See also: Qui Tam or False Claims Act). In the next few Qui Tam articles I will address the nature of such lawsuits, the legal hurdles, the Federal Rules and the legal precedents.

From Dockets at Justia.com where the case docket can still be found:

BERG v. OBAMA

Plaintiff:    PHILIP J. BERG
Defendant:    BARACK HUSSEIN OBAMA, JR.

Case Number:    1:2008cv01933
Filed:    November 7, 2008

Court:    District Of Columbia District Court
Office:    Other Statutory Actions Office
County:    88888
Presiding Judge:    Judge Richard W. Roberts

Nature of Suit:    Other Statutes – Other Statutory Actions
Cause:    U.S. Government Defendant
Jurisdiction:    U.S. Government Defendant
Jury Demanded By:    31:3729 False Claims Act

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Common Law Grand Juries – Update April 7, 2009

Posted by Exploring the Natural Born Citizen Clause in Common Law Grand Jury, Humor, Legal Remedies.
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Seems that the Grand Juries are having a little legal and credibility problem

Getting on their schedule is proving to be a dicey proposition…  GA Northern District U.S. Attorney Mr. David Nahmias (404) 581-6000 fax 581-6181 office will only speak with Attorneys, PERIOD!
Attorney Generals Office flaty states (Lilly Thomas) they DO NOT REPRESENT CITIZENS!!! (404) 656-3300 Imagine that. Lt. Gov. will have their sceduler call back (404) 656-5030 and Speaker of the GA House (404) 656-0305 is out on Spring Break. One thing is painfully clear.., I am attempting to get a meeting with the Elite at every level so now it goes before the Sheriffs and Police Chiefs. Started at the top, now I work through the local level. Henry County District Attorney (Asst.) was reached by phone and wants nothing to do with anything Political. When asked if Voter Fraud in this District was a Political issue he ( Tom McBerry) declined to comment but was adamant about not wanting to get involved and refused to meet. This is where I start to earn my keep and lay down the rules of engagement…

Expect the indictment to be filed soon with mall security guards :-)

Oh and be sure to read about the so-called ‘powers of the Grand Jury’

The grand jury may distrain and oppress the government in every way in their power, namely, by taking the homes, lands, possessions, and any way else they can until amends shall have been made according to the sole judgment of the grand jury.