Barnett ExParte Mar15_12

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Pamela Barnett, pro se, Petitioner

of the Ad Hoc California registered voters

with service at 1713 11th Avenue Olivehurst, CA 95961Telephone: 530-845-5186

i F i L t DNDORSED

E I

; i2MAR 15 PM I,: 01,

.; , LEGAL PROCESS ^'f.

S U P E R I O R C O U R T O F C A L I F O R N L ^ L

C O U N T Y O F S A C R A M E N T O

E d w a r d C . Noonan, Pamela Barnett,

Sharon Chickering, George Miller,

Tony Dolz, Neil Turner , Gary Wilmott

Petitioners,

Debra Bowen individually and officiallyas The California Secretary o f Stateat 1500 11th Street, 5th 18 Floor

Sacramento, CA, 95814;Barack Hussein Obama I I ; O B A M AF O R A M E R I C A ( C A L I F O R N I A ) atNORTHERN CALIFORNIA HQ 3225Adeline Street, Berkeley, CA 94703; Johnand Jane Does and XYZ Entities.

Respondents.

Case No.:

RelateCase No.: 34-2012-80001048

EX PARTE PAMELA BARNEIT'SPREEMPTORY WRIT WITHALTERNATIVE WRIT FOR A

EXPEDITED EVIDENTIARY HEARINGON THE MERITS OF EVIDENCE ANDFOR CONTINUANCE INSCHEDULING IN RESPONSE TOBARACK HUSSEIN OBAMA I I , OBAMAFOR AMERICA DEMURRER TOPLAINTIFFS' PETITION FOR A WRITOF MANDATE and RESTRAINTOFFUND RAISING

Date: March ^6, 2012Time: 9:00 a.m.Dept: 31Judge: Hon. Michael P. Kenny

STATE OF CA LIFORNIA

COUNTY OF Ôb^) ss.

)

I, Pamela Barnett, being duly sworn, depose and say under penalty of perjury:

Tha t Petitioner Pamela Barne tt, self represented w ithou t an atto rne y, having duly

notified Plaintiffs Edward C. Noonan, along with Sharon Chickering, George Miller, Tony

Dolz, Neil Turner, Gary Wilmott having affirmed as Ad Hoc registered voters of California,

each self represented without an attorney, hereby submits for a Peremptory Writ for stay

and interim discovery with alternative writ for an expedited evidentiary hearing on the

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mer i ts o f the ev idence and a cont inuance in schedul ing in response to the Demurrer and

Memorandum of Barack Obama et a l . (Respondents) f i led February 15, 2012 by

Res pond ents ' counse l Fredr ic D. Wo ocher Esq. w i th re turn da te Apr i l 20 , 201 2 before t he

Honorab le Michae l P . Kenny, and there be ing suf f ic ient reason w i th add i t iona l ev idence

prov ided hereby, that th is a f f i rmat ion is in suppor t o f an a l te rnat ive wr i t fo r a exped i ted

ev id ent ia ry h ear ing on the m er i ts o f the ev idence p ro f fere d to date tha t is su f f ic ien t to

a lso requ i re as a m at t er o f fa i r no t ice and respect fo r the cou r t ca lendar tha t a

cont inu ance m us t be gran ted for Pet i t ioner 's response schedule as to the Ca l i fo rn ia

Secre tary o f S ta te D eborah Bow en 's ( the Sta t e , CA SOS, SOS) Dem urre r w i th

Memorandum f i led Februa ry 16 , 2012 by Depu ty A t to rney Genera l An thony R . HakI , Esq.

w i th re tu rn da te o f Ap r i l 20 , 2012 , and tha t the S ta te be g ran ted fu r the r oppor tun i ty to

amend the demurrer or answer to the Pet i t ion subsequent to th is A l ternat ive Wr i t dec is ion

on a hear ing on the mer i t s he re in and fu r the r ev idence p resen ted ; and fu r the r , tha t the

Cour t order a cont inuance and suspend the schedule for a dec is ion on the Pet i t ion for

p re roga t ive w r i t o f ma ndam us w i th s tay and in jun c t ion , and tha t un t il the A l te rna t i ve W r i t

is heard and dec is ion rendered w i th suf f ic ient reason that requ i re an amended Pet i t ion

f i led nunc pro tunc.

1. Tha t as a Pre l imina ry s ta te m en t Pet i t ioner opposes Respondent Barack O bam a's

Demur re r p ro f fe r o f the r id icu lous no t ion tha t somehow Responden t Obama may speak fo r

the Cal i fo rn ia Secre tary o f S ta te , wh ich is a comple te and to ta l fa l lacy , to be cons idered

by th is Cour t as a f r ivo lo us conte nt ion s ub m it ted in bad fa i th , and to suggest tha t

somehow an ind iv idua l who is not a du ly sworn pub l ic o f f icer in the s ta te o f Ca l i fo rn ia may

be granted author i ty o f compel l ing s ta te ac t ion aga ins t pub l ic po l icy .

2. Tha t on Sep tem ber 3 1 , 2 01 1 , the CA SOS, Deborah Bowen issued ins t ruc t ions (see

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E x h ib it 1) a ls o a v a il a b le a t h t t p : / /w w w .s o s . c a .q o v /e l e c t i o n s /2 0 1 2 -e le c t i o n s / i u n e -

p r ima ry /p d f / d e m-p re s id e n t - 2 0 1 2 .p d f t o a n y p ro s p e c t i v e c a n d id a te ( s ) f o r t h e O f f i c e o f

POTUS f ro m the Dem ocrat ic pa r ty in prep arat ion for the June 5 , 201 2 Dem ocra t ic Pr ima ry

And tha t the CA SOS Ins t ruc t ion s a t Par t 1 Qua l i f ica t ion ma nda ted th at any cand idate for

POTUS be e l ig ib le fo r that o f f ice accord ing to U.S. Const i tu t ion Ar t ic le 2 Sect ion 1 and

spec i f i ca l l y mee ts the quo te :

" I . QUALIFICATIONS Every cand idate sha l l be a natura l -born c i t izen o f the Uni tedStates, a t least 35 years o f age, and be a res ident o f the Uni ted Sta tes for a t least14 years . U .S. Const . , a r t . I I , § 1 c l . 5 "

3 . That accord ing to the Cal i fo rn ia Sta te Const i tu t ion a t Ar t ic le 20 the Oath o f o f f ice

take n as a du ly e lec ted pub l ic o f f icer , in wh ich the re is a inhe rent duty on the par t o f

^ ARTICLE 20 MISCELLANEOUS SUBJECTS [ Required Oath of Office ]

[ Source: http:/ /www.leainfo.ca .gov/.const/ .art ic le 20 ]

SEC. 3. Members ofthe Legislature, and all public officers and employees, executive, legislative,and judicial, except such inferior officers and employees as may be by law exempted, shall, beforethey enter upon the duties of their respective offices, take and subscribe the following oath or

a f f i rmat ion:" I , , do solemnly swear (or affirm) that I will support and

defend the Constitution of the United States and the Constitution of the State of California againstall enemies, foreign and domestic; that I wil l bear true faith and allegiance to the Constitution ofthe United States and the Constitution ofthe State of California: that I take this obligation freely,without any mental reservation or purpose of evasion: and that I wil l well and faithfully dischargethe duties upon which I am about to enter, (emphasis added)

"And I do further swear (or affirm) that I do not advocate, nor am I a member of any party ororganization, polit ical or otherwise, that now advocates the overthrow ofthe Government oftheUnited States or of the State of California by force or violence or other unlawful means: that withinthe five years immediately preceding the taking of this oath (or affirmation) I have not been amember of any party or organization, polit ical or other-wise, that advocated the overthrow of the

Government of the United States or of the State of California by force or violence or other unlawfulmeans except as follows: (emphasis added)

(If no affiliations, write in the words "No Exceptions") and that during such time as I hold theoffice of

I will not advocate nor become (name ofoffice) a member of any party or organization, polit ical or otherwise, that advocates the overthrowof the Government of the United States or of the State of California bv force or violence or otherunlawful means." (emphasis added)

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the Sec re ta ry o f S ta te to de te rmine whe the r P res iden t Obama o r any o the r p res iden t ia l

cand ida te mee ts the e l ig ib i l i t y requ i remen ts o f the U .S . Cons t i tu t ion ; and

4 . As far as Pet i t ioner can surmise by read ing the code and ins t ruc t ions o f the Sta te

Leg is la ture and Congress as wel l as the CA SOS Not ice prov ided to each cand idate , shown

as Exh ib i t 1 fo r the D em ocra ts , is tha t on ly Resp ondent Bowen has the d uty as CA SOS

under CAEC §6041^^^ to se lec t the democrat ic par ty cand idates for the par ty as there

appears there is no express author i ty de legated by the CA Sta te Leg is la ture to the

Democrat ic Par ty per se or any o ther par ty fo r that mat ter ; so i t 's a l l o f the CA SOS

respons ib i l i ty to c reate and cer t i fy the " the l is t " o f cand idates.

5 . Pet i t ioner contends that the inher ent s ta tu tory dut ie s o f the Cal i fo rn ia secre tary o f

s ta te are in conf l ic t w i th regards to ver i fy ing e l ig ib i l i ty o f nat iona l pres ident ia l cand idates

as the Cal i fo rn ia Cons t i tu t ion m and ates tha t the Secre ta ry o f S ta te upho ld her in here nt

dut ies which is overseen by the Leg is la tors and Execut ive to enforce w i th impeachment .

6 . The Cal i fo rn ia Co nst i tu t ion - Ar t ic le I I s ta te s :

SECT ION 5. The Legislature shall provide for primary elections forpartisan offices, Including an open presidential primary whereby the

And no other oath, declaration, or test, shall be required as a qualification for any public office oremployment .

"Public officer and employee" includes every officer and employee of the State, including theUniversity of California, every county, city, city and county, district, and authority, including anydepartment, d iv is ion, bureau, board, commission, agency, or instrumental i ty o fa ny o ft heforegoing.

^ CAEC §6041. The Secretary of State shall place the name of a candidate upon the presidentialprimary ballot when he or she has determined that the candidate Is generally advocated for orrecognized throughout the United States or California as actively seeking the nomination of theDemocratic Party for President of the UnitedStates. The Secretary of State shall include as criteria for selecting candidates the fact of qualifyingfor funding under the Federal Elections Campaign Act of 1974, as amended.

Between the 150th day and the 68th day preceding a presidential primary election, the Secretaryof State shall publicly announce and distribute to the news media for publication a list of theselected candidates that he or she intends to place on the ballot at the following presidentialprimary election, (emphasis added)

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cand ida tes on the ba l lo t a re those fou nd bv the Sec re ta ry o f S ta te to bere c o g n i z e d c a n d id a te s t h ro u g h o u t t h e n a t i o n o r t h ro u g h o u t C a l if o rn i a f o rt h e o f f ic e o f P re s id e n t o f t h e U n i t e d S ta te s , a n d t h o s e w h o s e n a me s a rep la ced on the ba l lo t b y pe t i t ion , bu t exc lud ing any cand ida te who hasw i th d raw n by f i l i ng an a f f ida v i t o f noncand idacy . (emp has is a dded)

7 . To be a " recogn ized ca nd ida te " the U .S . Cons t i tu t ion , A r t I I m anda tes tha t :

"/Vo person except a natural born Citizen, or a Citizen of the United States, at the timeof the Adop tion of this Con stitution, shall be eligible to the Office of Preside nt; neithershall any Person be eligible to that Office w ho shall not have attained to the Age ofthirty-five Years, and been fourteen Years a Resident within the United States."

8. It is a constitutional mandated duty for the Secretary of State to make a

determination to place on the ballot only recognized candidates."

9. Pet i t ioner conten ds tha t RESPONDENT OBAMA desp i te the not ice prov ide d to

Respondent Obama and h is agents to comply w i th Ca l i fo rn ia E lec t ion Code and the US

Co nst i tu t ion as show n as Exh ib i t 1 , Respon dent Obam a neve r the less ad m its he is mere ly

on the hon or sys tem of se l f check in g h is e l ig ib i l i ty s ta te s in the D em urre r MOL tha t qu ote :

"e i ther Pres ident Obama nor h is campaign commit tee have any lega l ob l iga t ion toprov ide proof o f the Pres ident 's qua l i f ica t ions as a "natura l born c i t izen" to theSec retary o f S ta te in orde r to es tab l ish h is e l ig ib i l i ty to ap pear on the ba l lo t as a

pres ident ia l cand idate , much less for h im to be ab le to engage in fundra is ingact iv i t ies in Ca l i fo rn ia ."

thereby fa l ls to s ta te which o f the dut ies that Secre tary o f S ta te fa i ls to app ly to h im as

would app ly to any o ther cand idate in the s ta te runn ing for o f f ice for ba l lo t access per the

Cal i fo rn ia E lec t ions Code and the U.S. Const i tu t ion accused o f f raud contends there is no

check requ i red .

10. That accord ing to Ca l i fo rn ia Law that a lso d ic ta tes the dut ies the Secre tary o f

Sta te , inc lud ing the duty as ch ie f e lec t ions o f f icer o f Ca l i fo rn ia , to ensure e lec t ion laws are

fo l lowed (Ca l i fo rn ia Gov ernm en t Code [he re ina f te r re fe r red to as "CGC] § 1217 2 .5 ) , the

duty to invest igate e lec t ion f raud (CGC § 12172.5) , and the duty to adv ise cand idates and

loca l e lec t ions o f f ic ia ls on the qua l i f ica t ions and requ i rements for runn ing for o f f ice .

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a. 12172.5. The Secretary of State is the chief elections officer of the state,

and shall administer the provisions ofthe Elections Code.

I. The Secreta ry of State shall see that elections are efficlentivconducted and that state election laws are enforced. The Secretaryof State may require elections officers to make reports concerning

elections In their jurisdictions.II. If at anv time, the Secretary of State concludes that state election

laws are not being enforced, the Secretary of State shall call theviolation to the attention ofthe district attornev ofthe coun tv or tothe Attornev General. In these instances, the Secretary of S tatemav assist the countv elections officer In discharging his or herduties.

iii. In order to determine whether an elections law violation hasoccurred the Secretary of State may examine voted, unvoted,spoiled and canceled ballots, vote-counting computer programs,vote by mail ballot envelopes an d applications, and suppliesreferred to in Section 14432 of the Elections Code. The Secretaryof State mav also examine anv other records of elections officialsas he or she finds necessarv In making his or her determination.subject to the restrictions set forth in Section 6253.5.

iv. The Secretary of State may adopt regulations to assure theuniform application and administration of state election laws.

( e mp h a s i s a d d e d )

11.Pet i t ioner contends that CA SOS in order to fu l f i l l her duty to adv ise cand idates,

there are severa l documents on the Cal i fo rn ia Secre tary o f S ta te webs i te in forming a l l

who are seek ing e lec ted o f f ice as to the qua l i f ica t ions and requ i rements for each e lec ted

pos i t ion . Documents l i s t ing the qua l i f i ca t ions and requ i remen ts a re p rov ided fo r the o f f i ces

o f Governo r and L ieu tenan t Governo r ; Sec re ta ry o f S ta te , Con t ro l le r and T reasu re r ;

A t to rney Genera l ; Insu rance Commiss ione r ; Member o f the S ta te Board o f Equa l i za t ion ;

S ta te Sena to r and Member o f Assem b ly ; U n i ted S ta tes Sena to r ; Un i ted S ta tes

Representa t ive in Congress; and Pres ident o f the Uni ted Sta tes . The SOS current ly ver i f ies

that every cand idate for these pos i t ions, except fo r tha t o f the o f f ice o f Pres ident o f the

Uni ted Sta tes , meets the requ i rements for each respect ive o f f ice is inherent to her oath .

12.S ince the CA SOS does have a min is ter ia l du ty to ver i fy the e l ig ib i l i ty fo r near ly a l l

o f the cand idates for o f f ice , i t is not improper to in fer that she a lso has a min is ter ia l du ty

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to ver i fy the e l ig ib i l i ty o f those who are runn ing for the o f f ice o f Pres ident o f the Uni ted

S ta tes in a t ime ly m anne r under the requ i rem en ts o f CAEC § 60 41 be fo re the pa r ty

pr imary ; as e lec t ion o f Federa l o f f icers is done a t the s ta te leve l on a s ta te by s ta te bas is

und er the p lenary au tho r i ty o f the respec t ive s ta te leg is la ture as a m at t er o f comp el l ing

sta te in terest - no Federa l e lec t ions are Federa l o ther than by re la ted law.

13. However , Pet i t ioner contends that Ca l i fo rn ia E lec t ions Code §6901 is a t odds w i th

remainder o f the CA SOS's dut ies spec i f ied in Ca l i fo rn ia law before the genera l e lec t ion ,

because th is s ta tu te d i rec ts that the CA SOS must p lace on the ba l lo t the names o f the

severa l po l i t ica l par t ies ' cand idates. The e f fec t o f th is s ta tu te is that the SOS's duty to

ensure com pl iance w i th e lec t ion law is suspe nded in favo r o f som e other en t i ty .

14. Petitioner absolutely denies Responden t O bama's absurd allegation that somehow

the Petition for Prerogative Writ of Mandate in the present case is virtually identical to the

Petition Keves v. Bowen , as the Petition herein is both timely and laches does not apply;

and therefore does not suffer from the same fatal defects of a case filed after the general

election as was done in Keves v. Bow en.

15. Pet i t ioner contends that in the mat ter o f th is Pet i t ion i t is f i led on January 6 , 2012

before the pr imary to prevent ba l lo t access, and even were the respons ib i l i ty o f the CA

SOS in a t im e- f ra m e he ld in suspend ed an im at io n, such is a con trad ic t ion to pub l ic o f f icer

du t ies under the oa th o f o f f i ce , no tw i ths tand ing exp ress d i rec t ion f rom the Leg is la tu re ,

records that Pet i t ioners /P la in t i f fs s tand ing has proper ly accrued as i t was he ld by the

Cour t in the recen t He id i Fu l le r v. Debra Bowe n . As Sec re ta ry o f S ta te . Etc.. e t a I . No.

C 0 6 5 2 3 7 (C a l .A p p . D i s t . 3 0 3 /0 1 /2 0 1 2 ) [4 1 ]

"W e agree w i th Fu l le r th a t i t is the jud ic ia ry 's ro le to in te rpre t the law, inc lud ing th e

Co nst i t u t io n . But as we w i l l exp la in , our in te rpre ta t io n leads us to the n arrowconc lus ion that i t is not the jud ic iary 's ro le to judge the qua l i f ica t ions and e lec t ionso f cand ida tes fo r membersh ip in the Leg is la tu re . Th is in te rp re ta t ion does no t

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inva l ida te sect ion 13314, however , because the app l ica t ion o f tha t sect ion is notl imi ted to cha l leng ing the qua l i f ica t ions and e lec t ions o f cand idates for membersh ipin the Leg is la ture . Moreover , because our in terpre ta t ion reso lves th is case, i t isunnecessary to reach any o ther const i tu t iona l quest ions, even i f we might haveju r i sd ic t ion to do so . "

AND

"Severa l California courts have held that the California Constitution deprives courtsof jurisdiction to inquire into the qual i f icat ions ofa candidate-nominee after aprimary elect ion. ( In re McGee (1951) 36 Cal .2d 592; Al len v. Leiande (1912) 164Cal . 56.) But no Cal i fornia court has issued an opinion on whether courts h a v ejurisdiction to judge the qualifications of one who seeks to be a candidate at aprimary elect ion.

AND

Courts in o ther s ta tes have conc luded that s imi la r prov is ions are not broad enoughto prevent the determinat ion by cour ts o f whether one who seeks to be a cand idate

at a pr imary e lec t ion possesses the requ is i te qua l i f ica t ions. (See Comber v . Ashe( T enn . 197 4) 514 S.W.2d 7 30 ; S ta te ex re l . Gra l ike v . Walsh (Mo. 19 72) 4 83S.W.2d 70; S ta te ex re l . McGrath v . Er ickson (Minn. 1938) 203 Minn. 390.) Th isCour t ag re es . " (emphas is added)

16.S ta tu t e (Sect io n) 133 14 fu l ly suppor ts Pet i t ione rs ' s tand ing to have th is pe t i t ion

heard on the mer i ts and g ives th is cour t the fu l l power to grant pet i t ioners ' p rayers for

re l ie f even w i tho ut the Sta te hav ing a min is ter ia l du ty u nf i l led as tha t is not s ta ted as a

req u i re me nt fo r re l ie f to the Pet i t ioners . Tha t pr io r to March 1 , 20 12 , Pet i tioners d id

proper ly a l lege in ter a l ia that Pres ident Barack Obama is not a "natura l born c i t izen"

(NBC) el ig ib le to be President of the United States (POTUS) - not because he was not born

in the United States, but because his father was not a U.S. c i t izen and seek a wri t of

mandate to compel Secre tary o f S ta te Bowen to "bar Respondent Obama ba l lo t access in

Cal i fo rn ia a long w i th those s imi la r ly s i tua ted f rom the 2012 E lect ion cyc le f rom forming an

elector s late for ' the off ice of POTUS for Cal i fornia." (Pet i t ion for Prerogative Writ of

Mandate and Restra in t o f Fund Rais ing ( "Pet i t ion" ) , @P18.) ; and fur ther ,

17. The Pet i t ion does a lso seek a "permanent res t ra in ing order" barr ing Barack

Obama or h is campaign commit tee f rom fundra is ing in th is e lec t ion cyc le , because

Respondent Obama is not NBC el ig ib le for the Off ice of POTUS, spol iates evidence and




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commi t ted f raud in consp i racy to avo id de tec t ion f rom inves t iga t ion o f a l leg iances .

18. Tha t Pet i t ioner contends that Responde nt Obama by counse l in the De m urre r

has im pro per ly conc luded tha t Barack Obam a " is , o f cours e, a 'na tura l born c i t ize n, ' born

in the Uni ted Sta tes to a mother who was an Amer ican c i t izen, and is thus fu l ly qua l i f ied

to be P res iden t under the U .S . Cons t i tu t ion . "

19. The a l legat io n pro f fered by Respond ent Obam a's counse l in the De mu rrer

d i rec t ly contrad ic ts every h is tor ica l bas is w i th re la ted law to cons ider Respondent e l ig ib le

for Of f ice o f POTUS when h is minor aged U.S. C i t izen mother who was marr ied to a

major i ty aged Br i t ish sub jec t ine l ig ib le fo r U .S. C i t izensh ip would a t best be mere ly

cons ide red "Born a C i t i zen" as the assump t ion requ i red by the 14 '^ Am end m en t ; and

2 0 . That moreover , subsequent to the January 6 , 2012 Pet i t ion f i l ing , tha t on

March 1 , 20 12 , the Mar icopa County Ar izona She r i f f 's Press Release (see Exh ib i t 2 ) and

Press Conferen ce estab l ished tha t the re is the Pre l iminary R epor t by the Sher i f f 's COLD

CASE POS SE, as an au tho r i t y w i th com pe ten t ju r i sd ic t io n fo rm ed to inves t iga te f raud and

cr imes commit ted by the campaign o f Barack Obama in the f i l ing o f an a f f i rmat ion in 2008

tha t Respon dent Oba ma af f i rm ed com pl iance w i t h the U.S. Co nst i tu t ion Ar t ic le 2 Sect ion

1 Paragraph 5 req u i re m ent fo r e l ig ib i l i ty fo r "Na tur a l -b orn c i t ize n" w i t h a p ic ture o f the

Sher i f f 's webpage appended (see Exh ib i t 3 ) and current ly before the Ar izona pr imary now

in 2012; and that the a t tached Pre l iminary Repor t o f the Sher i f f 's COLD CASE POSSE

(see Exh ib i t 4 ) suppor ts the susp ic ion w i th suf f ic ient ev idence that Respondent Barack

Obama was not even born in Hawai i be tween August 1 1961 through August 7 1961 and

acts to spo l ia te ev idence o f a cr ime - Quote :

" Inves t iga to rs adv ised Sher i f f A rpa io tha t the fo rge rs commi t ted two c r imes :f i r s t , in c rea t ing a f raudu len t doc um en t wh ich the Wh i te House cha rac te r i ze d ,know ing ly o r unknow ing ly , as an o f f i c ia l l y p roduced gove rnm en ta l b i r th rec o rd ; ands ec ond , in f raudu lent ly present ing that document to the res idents o f Mar icopa




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Cou nty and to the Ame r ican pub l ic a t la rge as "pr oo f pos i t ive" o f Pres ident O bam a'sau then t ic 1961 Hawa ii long - fo rm b i r th ce r t i f ica te .

Dur ing the s ix -mon th - long inves t iga t ion and a f te r hav ing deve loped p robab lecause to be l ieve the long - fo rm b i r th ce r ti f i ca te is a com pu te r -gen era te d fo rge ry ,

invest igators began examin ing o ther ev idence o f Pres ident Obama's l i fe h is toryi n c l ud i ng : .

• Pres ident Oba ma 's Se lec t ive Serv ice card is mo st l ike ly a lso a forg ery , revea ledby an examina t ion o f the pos ta l da te s tamp on the documen t ;

• To que l l the popu lar idea tha t Oba ma was actua l ly born outs ide the Uni tedS ta tes , we examined the Records o f Immig ra t ion and Na tu ra l i za t ion Serv icecards rout ine ly f i l led out by a i rp lane passengers ar r iv ing on in ternat iona l f l igh tstha t o r ig ina ted ou ts ide the Un i ted S ta tes in the m on th o f Augus t 19 61 . Thoserecords are housed a t the Nat iona l Arch ives in Washington, D.C. In terest ing ly ,reco rds f rom the days su r round ing Obama 's b i r th , Augus t 1 , 1961 to Augus t 7 ,1961 a re miss ing . Th is is the on ly week in 1961 w [ h ]e re these imm ig ra t io ncards cannot be found. "

2 1 . Further , tha t accord ing to the Pre l iminary Repor t o f the COLD CASE POSSE

shown as Exh ib i t 4 , the purpor ted Cer t i f ica te o f L ive B i r th (CoLB) long form (see Exh ib i t 5 )

is a fo rge d docu m ent as su bm it ted to the ent i re n at ion by Respondent Barack Obam a and

at torneys a t h is Apr i l 27 , 2011 a t the Washington DC Press Conference accord ing to the

t ransc r ip t ( see Exh ib i t 6 ) : and

2 2 . The Forged do cum ent sho wn as Exh ib i t 5 a lso now jo in s the prev ious ly 200 8

prof fe red CoLB sho r t fo rm d ocu m ent tha t is a fo rg ery as wel l based upon the adm iss ions

of the Respondent Obama and h is a t torneys there a t the Whi te House a t the Apr i l 27 ,

20 11 press conferen ce . In the t ransc r ip t show n as Exh ib i t 6 , tha t a t the Apr i l 27 , 2 01 1

press conference the Whi te House a t torney repeated ly sa id that Respondent Obama had

requested the shor t fo rm CoLB in 2008 f rom the Sta te o f Hawai i be re leased. However ,

examinat ion by Pet i t ioner o f the supposed document Hawai i supposed ly re leased in 2008

is in fac t is s tam ped Ju ne 6 , 2 0 0 7 {see Exh ib i t 7 ) as show n by the FactCh eck.org rep or t

on Augu s t 21 , 20 08 ; and the la te r as the Novem ber 2 1 , 2008 repo r t append ed shows the




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so -ca l led Fac tcheck .o rg inves t iga to rs , depended on by members o f Congress and Med ia ,

were par t isan amateurs accord ing to ^Ê l ig ib i l i ty Update : FactCheck.org Doesn ' t Do

Forens ics ; NH SOS an d Cer t i f i ca tes ; B r i t i sh Po l iceman on E l ig ib i l i t y ", and the reby a l l the

forego ing prov ides suf f ic ient susp ic ion o f f raud and or s ta tements made as admiss ion

aga ins t in terest as a bar unde r c lean hands doc tr ine o f i r re fu tab le pre sum pt io n o f wron g

do ing by Responden t Obama and h is agen ts in 2008 and con t inu ing cu r ren t l y .

23 . That Pet i t ioner in her January 2 , 2009 Freedom of In format ion Act (FOIA)

request o f the U.S. Depar tment o f S ta te (US DOS) and re la ted agency for the passpor t

and t rave l reco rds o f Responden t Obama 's mo the r S tan ley Ann Dunham (Obama)

(Soe to ro ) fo r the pe r iod be fo re and a f te r Augus t 4 , 1 96 1 , rece ived on Decem ber 1 0 , 2010

a t ransmi t ta l o f documen ts ce r t i f i ed f rom the a t to rney fo r the U .S . DOS; and on the FS-

299 App l i ca t ion fo r renewa l da ted Augus t 13 , 1968 S tan ley Ann Dunham Soe to ro removed

"Barack Husse in Obama Soe barka h" f rom he r subseque n t Passport ( see Exh ib i t 8 ) , the re in

p rov ing tha t Responden t Obama had been renamed by h is adop t ive fa the r Lo lo Soe to ro ,

the Indones ian A rmy L t . Co lone l hav ing mar r ied S tan ley Ann Dunham subsequen t to he r

d ivorce f rom Barack Husse in Obama Sr . in 1963; and

2 4 . Further , Pet i t ioner contends that the add i t iona l ev idence o f fo rgery o f the

Select ive Serv ice record before the 2008 e lec t ion a long w i th the thef t and tamper ing o f

the US DOS Passpor t records by US DOS pr iva te contrac tor ent i ty under the contro l o f

John B rennan cu r ren t l y Responden t Obama 's Wh i te House Coun te r Te r ro r i sm adv iso r

hav ing prev ious ly been ass is tant to Centra l In te l l igence D irec tor George Tenant , and as

such under l ines the susp ic ion why the micro f i lm records f rom the Nat iona l Arch ives are

miss ing now as w e l l , as both agenc ies are under the d i rec t author i ty and contro l o f

Respondent Obama, the apparent usurper in the o f f ice o f POTUS, and by h is re fusa l to




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make such mic ro f i lm and the miss ing U.S. DOS records re ferenced in the cover le t te r

s h o w n in Exhib i t 8 prov ide the Court here in w i th substant ia l d i rec t ava i lab le proof that

Responden t Obama is nowdirec t ly ac t ing in a con t inu ing pa t te rn to spo l ia te ev idence .

25. As Further evidence. Petitioner prov ides additional proof that Respondent

O b a m a , in a continuing pattern acted to spoliate evidence of his adoptive status a s an

Indonesian cit izen and the ramificat ions that would have on his law l icense in Illinois and

plans to s eek the office of US Sen ato r in 2005 and POTUS in 2008, per jured h imsel f on

the application for entry to the Il l inois bar affirmed he ha d no other name (see Exhib i t 9).

26 . Further , Pet i t ioner opposes Respondent Obama's content ion that th is Cour t

lacks ju r is d ic t ion over P et i t ioners ' c la ims because federa l law tha t w i th l im i ta t ion of Art ic le

2 Sect ion 1 estab l ishes the procedures for elect ion of the Pres ident , and t h a t s o me h o w

the exc lus ive means of cha l leng ing the qual i f ica t ions of a pres iden t ia l cand ida te is to

presen t an ob jec t ion be fo re the Uni ted Sta tes Congress pursuant to 3 U.S.C. sect ion 15 is

to ta l l y p repos te rous on its face pr imar i ly because e lec t ions are conduc ted separa te ly at

the s ta te leve l w i t h or ig ina l s ta te ju r is d ic t ion a f fo rded to the respec t i ve s ta te cou r t ; and as

ev idence tha t Responden t Obama 's con ten t ion is obs t repe rous and o f fe red in bad fa i th

Pet i t ioner o f fers in to ev idence the actua l response of C o n g re s s ma n in rega rds to the

supposed o r ig ina l du ty somehow ves ted in the Congress is w r o n g (see Exh ib i t 10) and is

ev idenced by the react ion of va r ious Congressmen and USSena te Jud ic ia ry Co m m i t tee :

Senator J im Bunning defers to INA , 14 ' ^ Am end , and cour ts on N o v e mb e r 1 1 , 2 0 0 8 w ro te :

The ability to receive United States citizeiship is one oflhe core pillars in our greatdemocracy. It is outlined in thc Fourteenth Amendment ofthe U.S. Constitution and Section301(a) ofthe Immigration and NatioDality Act (INA) (8 U.S.C. Section 1401(:i)), thai a personwho is bom in the United States, subject to its jurisdiction, is a citizen ofihe United Suitesregardless of the race, ethnicity, or alienage of the parents. Additionally, according to the U.S.Constitution, only a natural bom citizen or a citizen of tlie United States of, at minimum, ihirty-five years ofage and fourteen years of United States residency, is eligible to run for the Presidentof the United States.

Ln regard to Senator Obaina, there is a federal lawsuit pending in Penasj'lvania addressinglliis matter. However,as a United States Senator, I cannot intervene in the legal piTxess andmust defer to the courts to make the appropriate decision about this case.

Barnett's Alternative Writ for Expedited Hearing onMerits and Continua nce Page 12 of 25



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Senator Sherrod Brown defers to BHO June 2008 CoLB on November 12, 2008 wrote:

Senator Obama has provided several news orgtmizfitions with a copy of his birth cea-tiTicatc,

sliowing he was burn in Honolulu, Hawaii on August 4, 1961. Hawaii beeame a state in 1959,

and all individuals bofn iu Hawaii aRcr ils admission are considered nalurdl-born United States

citizens. 'ITic same is true for individuals, such as Senator McCain, bom in the Panama Canal

Zone.

Senator Jon Kyi defers to the internet on December 1, 2008 wrote:

Pitsident-elect Obaiiia tticcts thc constrlulianul romiircinrtils lor presidential otticc.

Rumors pertaining to his cici/cnship sluluii huvc l-nscu Ctrculating on the Intemet, and this

information hiis been deburikctl by SuOpes.conu which invcsticaujs the truth behind Internet

rumoib. For iciuic LiLfonHatioh, youi may wans to visit

3Hip://sflOjxts.c<'iw.''[xn1irics'obmna.''citizcn.aap.

Au for llie l e ^ l Chii l leiigps ti> the Hresidsnt-elecl'sCiliaeaiship. ottc of thoseca.tcs is i

peadiiig befo rc the 5<ii|ircrni: Court.

Rep EdWhitfield relies on News media & "proper authorities" on December 4, 2008 wrote:

Thank you fbr contacting me regarding President-elect Obama. 1 have heard some of thesame reports that you mention about \h . Obama. Of course, the voters have spoken pretty

clearly, and so now we vsill moveon. I do expect that the news media and the proper autiioritieswill look into any reports which have caused people concem, and tliat any evidence of legitimate

concern will be appropriately addressed. I will continue to monitor these issues closely, as well.

Senator Sessions with disinterest relies on the courts on December 16, 2008 wrote:

Senate ethics mles preclude me from becoming pcr.sonally involved in pendinjj litigntion.I sincerelyhope this matter can be fully and promptly resolved by the courts. In the meantime,please do not hesitate to contact me in the future should you have a question regarding on issueover which I have jurisdiction.

Senator Sessions then relies on BHO June 2008 the CoLB on January 23, 2009 wrote:As you are aware, stories have circulated that call into question PresidentObama's

citizenship. Additionally, various lawsuits have been fded alleging that Obama is not a natural

bom citizen of the United Slates, and therefore is constitutionally ineligible for the office ofpresident. However, in June 2008, President Obama released a digitally scanned image of hisbirth certificate, and Hawaii's Director of the StateDepartment of Health, Chiyome Fukimo, hasverified its authenticity.

As you may know, on January 8, 2009, Congress certified and tallied the Electoral

College results that verified President Obama'selection as the next president of the UnitedSlates.

Senator Shelby relies on BHO June 2008 CoLB and Hawaii on January 29, 2009 wrote:

Many have c o n t a c t e d me r e g a r d i n g the numerous c l a ims and l a w s u i t sc i r c u l a t i n g onthe i n t e r n e t a s s e r t i n g t h a t Obama i s not a n a t u r a l b o r nc i t i z e n and t h e r e f o r e i n e l i g i b l e to become U n i t e d S t a t es P r e s i d e n t .However, P r e s i d e n t - e l e c t Obama has p r e se n te d h is b i r t h c e r t i f i c a t e ,

showing t h a t he wasb o r n i n Hawa i i, and i t has been v e r i f i e d andc o n f i r m e d byHawaiian o f f i c i a l s . A d d i t i o n a l l y , the Supreme Court hasd e c l i n e d to ac t onany of the cases c o n t e s t i n g Obama's c i t i z e n s h i p .

On January 8, 2009, Members of Con gress were g i v e n the o p p o r t u n i t y toc o j i t e s t the issue i n a j o i n t session of Congress, butno sucho t j j e c t i o n was r a i s e d d u r i n g the meeting. B y ^ a l l accounts.P r e s i d e n t - e l e c t Barack Obama meets th ose requirements. Please beassured t h a t I w i l l c o n t i n u e to m o n i t o r the s i t u a t i o n should f u r t h e r

issues a r i s e .

Barnett's Alternative Writ forExpedited Hearing onMerits and Continuance Page 13 of25



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Rep. Steve King defers to the 14'^ Amendment on January 29, 2009 wrote:

Wliile I do not understand why President Obama has refused to.produce cx'idenc^ to clear up this

question, my oflice has discovered confirmation that puts the question to rest. Yo u unil f ind attached a

copy o f President Obama's birth aimouncement in die Honolulu Advertiser, dated August 13, 1961.

This shows that President Obama was born in the United States and is therefore an American citizen

under the 14* Amendment to tlie United. States Constitution.Senator Feinstein deferring to the 14'^ Am end me nt on February 2, 2009 wro te :

Presidenl Obama meets these constitutional requirements, He u'as born in Honolulu,

Hawaii, on August 4, 1961. According to the Fourteenth Amendment, all persons born in thcUnited States are considered citizens of the Uniied States. Under these criteria. President

Obama, a 47-ycar old U.S. citizen, who has resided in the United States fo r longer than fourteen

years, is eligible lo bc President.

Rep Sanford D. Bishop relies on Factcheck.org verification as shown at Exhibit 7 on

February 6, 2009 wrote:

On October 31, 2008, the Director o f Hawaii's Department o f Heallh confirmed that

President Obama was in fact bom in Honolulu. The Heallh Director personally verified that Hawaii'sHealth Depanment holds the President's original birth certificate. The existence and accuracyoflhe

birth certificate also was verified by the non-partisan drganixation FactChcck.org which senl arepresentative to Hawaii to analyze the birth certificate in person. Additionally, nine days after

President Obama's birth, a birth announcement was published in the Honolulu Advertiser on Sunday

Aug. 13, 1961.

Petitioner can go on to document further gross negligence on the part of Congressmen

and the affect of the wil l ful spoliation and concealment activities of Respondent Obama.

27. Petitioner opposes RESPONDENT Obama's contention that only the Electors

of his party can decide if he is qualif ied. Respondent Obama quotes Robinson v. Bowen.

(189 C al. App. 4 * at p.661 [s up ra, 567 F. Supp. 2d at p. 114 7]) ' 'The refore , any challenge

to President Obama's el igibi l i ty to serve as President "Is co m m itted und er the Con sti tut ion

to the electors and the legislat ive branch, a t least In the f i rs t Instance. - - no t to the

Sec retary of Sta te or this co urt. "" fails to address the fact tha t Petitioner's time ly fi l ing

before the primary ballot is created renders the contention inapplicable and shoulders the

determination for ballot access upon the CA SOS and or the Court herein and that the

Congress is not comp elled by express law to required proof of eligibil i ty other than tha t

inhere nt in each mem ber's oa th of office l ike that of the CA SOS.

28. Petitioner contends that Respondent Obama's contention of authority to

Barnett's Alternative Writ for Expedited Hearing on Merits and Continuance Page 14 of 25



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determine e l ig ib i l i ty res ts w i th the e lec tora l co l lege is in conf l ic t w i th the ins t ruc t ions o f

the Cal i fo rn ia Sta te leg is la ture that such body has no ind iv idua l e lec tor d iscre t ion o ther

than to mere ly be a vesse l to carry a mandatory vote and as such presupposes o ther

pow ers th at do n ot exist u nde r the U.S. Co ns t i tu t ion Art ic le 2 Sect ion 1 pa rag rap h 1 • ^ as

the P res ident and V ice Pres ident are chosen by E lec tors a the s ta te leve l inde pen den t ly

under a con st i tu t io na l gra nt o f au tho r i ty de leg ated to the leg is la tures o f the severa l s ta tes

and the D is t r ic t o f Co lum bia (see Bu sh v . Gore) . The con st i tu t ion re serves the cho ice o f

the prec ise manner fo r c reat ing E lec tors to the w i l l o f the s ta te leg is la tures. I t does not

def ine or de l imi t what process a s ta te leg is la ture may use to create i ts s fa fe co l lege o f

E lec tors . In pract ice , the s ta te leg is la tures have genera l ly chosen to create E lec tors

th rough an ind i rec t popu la r vo te , s ince the 1820s .

29. In an ind i rec t popu lar vo te , i t is the names o f the e lec tors who are on the

ba l lo t to be e lec ted. Typ ica l ly , the i r nam es are a l igned un der the nam e of the cand idate

for Pres ident and V ice Pres ident , tha t they, the E lec tor , have p ledged they w i l l suppor t . I t

is fu l ly un ders tood by the voters and the E lec tors them selv es tha t they are the

rep resen ta t i ve " s tand - ins " fo r the ind iv idua ls to whom they have p ledged to cas t the i r

e lec tora l co l lege ba l lo ts to be Pres ident and V ice Pres ident . In some s ta tes , in past years ,

th is p ledge was in formal , and an E lec tor cou ld s t i l l lega l ly cast the i r e lec tora l ba l lo t fo r

whomever they chose. More recent ly , some s ta te leg is la tures and the Cal i fo rn ia Sta te

leg is la ture (exerc is ing the i r const i tu t iona l author i ty to do so) o f 26 or so have mandated

^ The US Con stitution Article 2 Section 1 Clause 2: M ethod of choosing electorsEach State shall appoint, in such Manner as the Legislature thereof may direct, a Number ofElectors, equal to the whole Number of Senators and Representatives to which the State may beentitled in the Congress: but no Senator or Representative, or Person holding an Office ofTrust orProfit underthe United States, shall be appointed an Elector, (emphasis added)




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in law tha t E lec tors sha l l cast the i r e lec tora l co l lege ba l lo t fo r the Pres ident ia l Ca ndidate to

whom they a re p ledged .

30 . Pet i t ioner contends as such the Sta te leg is la ture o f Ca l i fo rn ia has the p lenary

author i ty and duty w i th wh ich i t may de legate respons ib i l i ty to e lec tors by express law,

and is l imi te d as the SCOTUS expressed In McPherson v . B lacken 146 U.S. 1 (1 89 2) , the

Cour t c i ted Ar t ic le I I , Sect ion 1 , C lause 2 which s ta tes tha t a s ta te 's e lec tors are se lec ted

" in such manner as the leg is la tu re the reo f may d i rec t " and w ro te tha t these words

"op era t [e ] as a l im i ta t ion upon the s ta te in respec t o f any a t te m pt to c i r cumscr ibe the

leg is la t ive power." and that based upon in format ion be l ie f does not grant de legat ion o f

respons ib i l i ty as such and may not grant author i ty to any quas i po l i t ica l par ty apar t f rom

s ta te con t ro l and ove rs igh t and may no t g ran t such au tho r i t y w i thou t an amendment to

the US Co ns t i tu t io n ; how ever , a t po in t the leg is la tu re does no t have au tho r i t y to

re l inqu ish i ts author i ty per se in regards to the leg is la ture 's e lec t ion o f a cand idate for

Pres ident / V ice Pres ident ; and a such the leg is la ture shares i ts author i ty to determine by

asser t ion o f law the respons ib i l i ty to determine the e l ig ib i l i ty to meet the qua l i f ica t ions o f

i ts cand idate be in conformance w i th precedent and h is tor ica l p ract ice in forming the dut ies

of the Execut ive a long w i th the Secre tary o f S ta te as ar t i f ic ia l person pub l ic o f f icers as

def ined under Sta te Pub l ic Of f icer law; and there fore , such express or impl ied ins t ruc t ion

a long w i th the act ions o f pub l ic o f f icers as wel l as the inherent powers supposed ly granted

to the e lec tors are sub jec t to jud ic ia l rev iew here in .

3 1 . That Pet i t ioner contends that the Leg is la ture Jud ic iary and Execut ive are

wi thout author i ty to wr i te leg is la t ion redef in ing the term of ar t Natura l Born C i t izen as that

Barne tt's Alterna tive W rit for Expedited Hearing on Merits and Continuance Page 16 of 25



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would requ i re an amendment to the US Const i tu t ion Ar t ic le 2 Sect ion 1 Paragraph 5 as

relate d law ^^ , and is absen t to date as sho wn by the Lette rs in Exh ibi t 10 .

3 2 . Pet i t ioner a lso contends that an e lec tor who is bound by law in Ca l i fo rn ia (as

in 26 o thers s ta tes) to vo te on ly fo r the person e lec ted in the adv isory vote o f the e lec tors

at the genera l e lec t ion re l ieves any d iscre t ion in that the cand idate must be e l ig ib le pr io r

to ba l lo t access; and where the o ther 25 s ta tes the e lec tors may vote for anyone he/she

chooses, as such may a f ford some d iscre t ion to determine e l ig ib i l i ty . However , there is no

b ind ing requ i remen t as a resu l t o f the "adv iso ry vo te " o f the e lec to rs a t the p r imary o r

genera l e lec t ion as in Ca l i fo rn ia that has to be fo l lowed - un less there is a cr imina l

conspiracy to usurp the off ice of POTUS by design and even as evidence over the last 4

years remains under invest igat ion on ly in Ar izona by one Sher i f f w i th author i ty Joe Arpa io .

33 . Pet i t ioner in l igh t o f the ev idence herewi th contends that fo r RESPONDENT

Obam a to sugges t tha t the re i s som ehow a wa ive r o f the requ i reme n ts fo r e l ig ib i l i ty j us t

because someone doesn ' t ver i fy such s t i l l does not change the requ i rements o f e l ig ib i l i ty

o r ove rcome the req u i rem en t to qua l i f y fo r o f fi ce , and rema ins a jack po t s i tua t ion tha t

automat ica l ly vacates the o f f ice on i ts face that then fa l ls back to the ind iv idua l

US Constitution Article 2 Section 1 Clause 5: Qualifications for office

No Person except a natural born Citizen, or a Citizen of the United States, at the time of theAdoption of this Constitution, shall be eligible to the Office of President; neither shall any person beeligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteenYears a Resident within the United States.

By the time of their inauguration, the President and Vice President must be:

• natura l born citizens - person born in the USA of US Citizen paren ts, Minor v. Hap pers ett 88U.S. 162.• at least thi rty -fiv e years old• inhabitan ts of the United States for at least fourtee n years .

Eligibility for holding the office of President and Vice-President were modified by subsequentamendments: The Twelfth Amendment (1804) requires the Vice-President must meet all of thequalif ications of being a President; and The Twenty-second Am endm ent (1951) prevents aPresident from being elected more than twice.




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c o m m i t t i n g t h e f r a u d as a c r i m i n a l m a t t e r t o b e p r o s e c u t e d in t h e r e s p e c t i v e s t a t e ,

p e r h a p s A r i z o n a ; a n d t h a t t h e f a i l u r e t o m e e t t h e q u a l i f i c a t i o n f o r o f f i c e o f P O T U S w o u l d

a u t o m a t i c a l l y i n c a p a c i t a t e th e a t t e m p t o f u s u r p a t i o n a s v o i d a b i n i t i o , a n d t h e r e b y

re q u i r i n g a c c o rd i n g t o A r t i c l e 2 S e c t i o n 1 C l a u s e 6 t h e n e x t p e rs o n i n l i n e w i t h e l i g i b i l i t y

t o m e e t t h e q u a l i f i c a t i o n

3 4 . T h a t a s p a r t o f t h e C A S O S d u t i e s t o m a k e a d e t e r m i n a t i o n o f e l i g i b i l i t y S O S

v e t t e d t h e p r e s i d e n t i a l C o n s t i t u t i o n a l q u a l i f i c a t i o n f o r b a l l o t a c c e s s o f P e a ce a n d F r e e d o m

^ US Con st i tu t ion Art ic le 2 Sect ion 1 Clause 6 : Vacancy and d isab i l i ty

In Case o f the Remova l o f the Pres ident f rom Of f ice , o r o f h is Death , Resignat ion , o rInab i l i ty to d ischarge the Powers and Dut ies o f the sa id Of f ice , the Same sha l l devo lve on the V icePres ident , and the Congress may by Law prov ide fo r the Case o f Remova l , Death , Resignat ion orInab i l i ty , bo th o f the Pres ident and V ice Pres ident , dec lar ing what Of f icer sha l l then act asPres ident , and such Of f icer sha l l act accord ing ly , un t i l the Disab i l i ty be removed, or a Pres identsha l l be e lected.

The word ing o f th is c lause caused much cont roversy a t the t ime i t was f i rs t used. WhenWi l l iam Henry Harr ison d ied in o f f ice , a debate arose over whether the V ice Pres ident wou ld

become Pres ident , o r i f he wou ld just inher i t the powers, thus becoming an Act ing Pres ident .Harr ison 's V ice Pres ident , John Tv ler , be l ieved tha t he had the r igh t to become Pres ident . However,many Senators argued tha t he on ly had the r igh t to assume the powers o f the pres idency long

enough to ca l l fo r a new e lect ion . Because the word ing o f the c lause is so vague, i t was imposs ib lefor e i ther s ide to prove i ts po in t . Ty ler ended up tak ing the Oath o f Of f ice and became Pres ident ,se t t ing a precedent tha t is fo l lowed to th is day. Ty ler 's p recedent made i t poss ib le fo r V icePres idents Mi l la rd F i l lmore , Andrew Johnson, Chester Ar thur , Theodore Rooseve l t , Ca lv in Coo l idge.Harry Truman, and Lyndon Johnson to ascend to the pres idency (Gera ld Ford took o f f ice a f te r thep a ss a ge o f t h e T w e n t y - f i f t h A me n d m e n t ) .

Ty ler 's p recedent estab l ished tha t i f the Pres ident 's o f f ice becomes vacant due to death ,res ignat ion or d isqua l i f ica t ion , the V ice Pres ident becomes Pres ident . The Congress may prov ide fo ra l ine of succession beyond the Vice President. The President ia l Succession Act establ ishes theorder as: the Speaker o f the House o f Representa t ives, the Pres ident p ro tempore o f the Senateand then the f i f teen Cab inet Secre tar ies in order o f tha t Department 's estab l ishment .

The Twen ty - f i f t h A me ndm en t exp l i c i t ly s ta tes tha t when the P res idency i s vacan t , then theVice Pres ident becomes Pres ident . Th is prov is ion app l ied a t the t ime Gera ld Ford succeeded to the

Pres idency. In case o f a V ice Pres ident ia l vaca ncy, the Am en dm ent perm i ts the Pres ident toappo in t , wi th the approva l o f bo th Houses o f Congress, a new Vice Pres ident . Fur thermore, theAmendment prov ides tha t the Pres ident , o r the V ice Pres ident and Cab inet , can dec lare thePres ident unab le to d ischarge h is dut ies, in wh ich case the V ice Pres ident becomes Act ingPres ident . I f t h e dec lara t ion is done by the V ice Pres ident and Cab inet , the Am end m en t per m i ts thePres ident to take cont ro l back, un less the V ice Pres ident and Cab inet cha l lenge the Pres ident andtwo-th i rds o f bo th Houses vo te to susta in the f ind ings o f the V ice Pres ident and Cab inet . I f thedeclara t ion is done by the Pres ident , he may take cont ro l back wi thout r isk o f be ing overr idden bythe Congress.

Barne t t 's A l te rn at ive W ri t fo r Exped i ted Hear ing on Mer i ts and Cont inuan ce Page 18 o f 25



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cand idates, as shown by the copy o f the campaign f l ie r , p ress re lease and notar ized

corresp onde nce rega rd ing den ia l o f ba l lo t access (see Exh ib i t 11 ) . Th is is fu r the r ev idence

of arb i t rary and capr ic ious act ion by CA SOS Bowen in her use o f d iscre t ion to vet and

s ing le out POTUS cand idates when they are honest and for th coming w i th the i r

qua l i f ica t ions accord ing to the CA SOS Not ice shown as Exh ib i t 1 uses the cr i te r ia o f

e l ig ib i l i t y aga ins t eve ryone excep t the Democra ts and Responden t Obama in pa r t i cu la r .

35 . Pet i t ioner contends that Respondent Obama has improper ly used the fa lse

conc lus ion d rawn by the Ind iana Cour t in A nk en vv . Go verno r o f S ta te o f Ind ia na ( Ind .

App . 2009) 91 6 N.E.2d 678 tha t was aga in used by Judge Mal ih i dec is ion a f te r the 26

January 2012 hear ing in Georg ia a t wh ich sworn tes t imony on the mer i ts was entered on

the record o f any cour t p roceed ing for the f i rs t t ime s ince 2008 when the cour t p roceed ing

star ted and were systemat ica l ly b locked for var ious reasons inc lud ing lack o f s tand ing and

being unt imely . Pet i t ioner prov ides the learned lega l ana lys is o f Mar io Apuzzo Esq. , wh ich

proves Anke ny as wel l as the 14"^ Am en dm en t and Wong K im Ark do not m ake Oba ma a

NATURAL Born c i t izen as Respondent Candidate Obama contends (see Exh ib i t 12) . The

An ken y cour t on ly suppo r ts that he is "Bo rn a C i t iz en" natura l ized by the 14"^ Am en dm en t

at best . A lso Ankeny d id not ru le that Candidate Obama is a Natura l Born C i t izen. In d ic ta ,

the Ind iana Appeals Cour t puts words in the mouths o f the SCOTUS Just ices. Th is

abso lu te ly has no contro l over Ca l i fo rn ia or Federa l ru l ings, and in d issect ing the Mal ih i

Dec is ion, appe nded the rea f ter (see Exh ib i t 13) . tha t re l ies upon the Ind iana de c is ion.

36. Tha t to the best o f Pet i t ioners kno wledg e based upon a recorde d mes sage

by Janua ry 30 , 201 2 the CA SOS had accepted the cand idacy o f Barack O bama

Vonage message fo r Charles Mallon from "Maxine ofthe CA SOS o ffice on January 30, 2012:




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notw i ths tand ing anyth ing e lse that has been compla ined o f by Pet i t ioners and o thers and

the CA SOS is ac t ing ind iv idu a l ly as a par t isan D em ocra t who has ins t ru c ted her a gents

to announce the CA SOS acceptance o f the Respondent Candidacy and ins t ruc ted

emp loyees to make the fo l low ing s ta temen t by "Max ine" o f the CA SOS ca l l ing

f r o m : 19166537635(g )vm.vonage .com to : Char les Ma l lon (16197413139) rece ived Mon , 30

Jan 2012 16 :53 :05 the reco rd ing o f the message le f t Jan 30 2012 08 :50 :25 AM From: ST

OF CA SECRET (19 166 53 763 5) to : ChaHes Ma l lon (161 974 131 39) as fo l lows q uo te :

"Hi Mr. Mallon, my name is Maxine and I'm returning your call to Secretary of State'soffice in Sacramento; and you wanted to find out what, ahh what if any actionCalifornia might take regarding Georgia's ahh, the state of Georgia's challenge, to

Barack Obama's eligibility ahh as a presidential candidate; and ahh as far as Iunderstand our office and the state of California has no plans absent to date to takeahh , I believe the state recognizes him as a legitimate citizen, ahh I mean a candidatewhere that needs to qualifications and that is based on the Democratic party's ahhacceptance of his meeting those qualifications. The Party itself is to accept thecandidate prior to nominating him so ahh our office accepts what the party ahh putsfor th and has no furth er inv olve me nt, thank you for calling our office and have a greatday ,bye bye.."

37 . That the Georg ia hear ing that "Max ine" speaks o f was he ld on January 26,

2012 before Judge Mal ih i in A t lanta Georg ia who on February 3 , 2102 rendered a dec is ion

shown as Exh ib i t 13 now on appeal , and w i th the ent i re proceed ing v ideo o f sworn

t e s t im o n y a t h t t p : / / w w w . v o u t u b e . c o m / w a t c h ? f e a t u r e = p l a y e r d e t a i l p a q e & v = U u x q l i C X -w

38. The Sworn Witness John Sampson as an exper t w i tness re t i red INS Fa lse

Document Spec ia l Invest igator a t the January 26, 2012 hear ing when asked i f he would

have issued an arres t warrant o f Barack Obama as a person hav ing f i led fa ls i f ied

documents to the gove rnmen t based upon wha t the w i tness has seen sa id "YES! "

39. That on February 28, 2012, Respondent Obama was added to the l is t o f

"Genera l ly Recognized Pres ident ia l Candidates" in Ca l i fo rn ia , notw i ths tand ing h is f raud

http:/ /www.vonage.com/vvv/ index.php7message id = MTYxOTc0MTMxMzktMTMvNzkxM2OvNS0xMzI30TOvMiI30TMvJGtsZ2ExJDop




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spoliat ion and concea lmen t act ivit ies now u nder invest igat ion in Arizona (se e Exhibit 14).

4 0 . That Pet i t ioner fo r the forego ing reasons urges a cont inuance in the Prerogat ive

W ri t case, and were the jud ge no t to ru le in Pet i t ioner 's fav or , on th is A l te rna t ive W r i t ,

Pet i t ioner respon ds to CA SOS Bowe n 's de m urr er m ain po in ts as fo l low s:

a . That to the extent that CA SOS has not invest igated the charges o f spo l ia t ion ,

conce a lme n t , fa lse swear ing , f raud tha t a re a ll ma t te rs requ i red as a du ty under

Cal i fornia Elect ion Code the Peti t ion does not fa i l to State a Cause of Act ion against

the Secre tary o f S ta te who has acted ind iv idua l ly u l t ra v i res , in a par t isan manner

in v io la t ion o f her oath o f o f f ice and charge g iven her by the s ta te o f Ca l i fo rn ia .

b . That there is no bas is in law w i thout sworn a f f idav i ts and substant ive proof that a

cand ida te be ing submi t ted by the respec t i ve pa r ty has been du ly ve t ted and mee ts

the c r i te r ia o f the e l ig ib i l i t y requ i remen ts under the S ta te and Federa l cons t i tu t ions

and re la ted law; and that pr io r precedents o f the SCOTUS must be cons idered by

th is cour t , in that the Secre tary o f S ta te has not done the min imum due d i l igence to

pro tect both the in terest o f the Sta te and the peop le who are to vote . The

preponderance o f the ev idence prov ides that there is no lega l duty to determine

whether a pres ident ia l cand idate is a natura l -born c i t izen e l ig ib le to serve as

Pres ident or a t least defer to the Jud ic iary fo r a hear ing and ru l ing on the mer i ts

has never been done to date unt i l th is cases f i l ing be ing t imely and proper ly

s u p p o r te d .

c . Tha t Pet i t ioner based upon the foreg o ing ev idence and re la ted law und er ly in g the

requ i rem en t fo r a p rospec t i ve cand ida te and agen ts a re cu lpab le fo r m isd i rec t ion

and con cea lm ent assoc ia ted w i th the ongo ing f raud to usurp the o f f ice o f POTUS




1 aga in is a com pel l ing Sta te in tere st in each Sta te o f the severa l S ta tes and D is t r ic t

2 o f Co lum bia tha t cond uct the respect ive ind iv idua l e lec t ions for the i r respec t ive

sta te representa t ive to the Federa l Execut ive and Congress accord ing has been

re legated by Congress for reso lu t ion in each Sta te and Jud ic iary w i th or ig ina l

ju r i sd ic t ion in a t ime ly ma nner , no tw i ths ta nd ing the m i rage o f pu rpo r ted Federa l

remedy ava i lab le as a d iscre t ionary opt ion w i thout fo rce o f law except in the

respect ive Sta te o f the severa l S ta tes w i th or ig ina l ju r isd ic t ion over e lec t ions.

9 d . Th at Pet i t ioners hav ing f i led January 6 , 2012 are as t imele ss as any o f the

^° respect ive cand ida tes and the re fo re Pet i t ione rs ' s tand ing has prop er ly accrued for

" an ev id ent ia ry hear ing on the me r i ts w i th rem edy fash ioned based upon the

author i ty granted to th is Cour t , and that laches does not app ly as re l ie f is ava i lab le ,

e . Pet i t ioners ' com pla in t is not barred by the doctr ine o f laches whe n in fac t the

Determinat ion to p lace the Democrat ic Candidate on the Pr imary ba l lo t was on ly

16 reached on February 28 , 20 12 , and arb i t ra r i ly so , con trary to the duty to hear

1'^ compla in ts and conduct invest igat ion o f ongo ing cr imes hav ing accrued as done by

Respondent Obama and h is agents , inc lud ing the Cal i fo rn ia fore ign ent i ty o f Obama

for Amer ica are proper ly served and named have unc lean hands, and have made

admiss ions aga ins t in terest regard ing the so-ca l led b i r th p lace and both CoLBs are

r ight ly to be deemed forger ies based upon the preponderance o f ev idence that

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23 based upon the Inheren t dut ies o f the CA SOS and I t em ployee s to ad min is te r the

24 law we re igno red as a m at te r of par t isan bias in v io lat io n of the ir oa th of off ice as

pub l ic o f f icers to serve and pro tec t the sanct i ty o f the ba l lo t , and

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f . Tha t the re ferences made by Responden t Obam a tha t the Cal i fo rn ia De mo crat ic27

Party must be added as a nunc pro tunc Respondent Defendant here in , as a mat ter28

Barne tt's Alterna tive W rit for Expedited Hearing on Merits and Continuance Page 22 of 25



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of record is a com pel l ing s ta te in teres t fo r th is Cou r t to cond uct an ev id ent ia ry

hear ing on the ev idence presented on an exped i ted schedule done by no la ter than

March 26, 20 12 ; as the Pr im ary Ba l lo t is to be pr in te d s tar t in g M arch 29, 201 2, and

a l though the Democra t i c p r imary i s moo t , as the re i s on ly one cand ida te ,

never the less th is mat ter must be reso lved to prov ide the Democrat ic Par ty

oppor tun i ty to f i l l the vacancy w i th a leg i t imate e l ig ib le cand idate or o therw ise

e lec tors would be unass igned a t the Nat iona l convent ion f rom Cal i fo rn ia in August .

4 1 . That Pet i t ioner as a mat ter o f t ime as the essence requests a cont inuance o f

the schedule for the prerogat ive wr i t pe t i t ion , and were th is a l te rnat ive wr i t no t accepted

then le t th is a f f idav i t s tand as the response to the CA SOS and Obama demurrers .

4 2 . Th at Pet i t ioner has not reque sted th is re l ieve prev ious ly as the new ev idence

has ju s t becom e ava i lab le , and as such mu st be cons idered by th is Cour t as a com pel l ing

reason for an exped i ted hear ing on the mer i ts o f the forged document , fa lse f i l ing by the

agents o f Respondent Obama and the Par t isan act iv i t ies o f a pub l ic o f f icer (s) to ass is t in

f raud and con t inued spo l ia t ion o f the pub l i c reco rd f ind tha t Responden t Obama is no t

e l ig ib le to appear on the Democrat ic Pr imary ba l lo t s tar t ing no la ter than March 29, 2012

for the schedule June 5 , 2012 Cal i fo rn ia pr imary e lec t ions. Those Respondents be ordered

to produce documents in response for an exped i ted hear ing on the mer i ts o f the ev idence.

C O N C L U S I O N

For the forego ing reasons based upon new ev idence submit ted here in , and because

there is no express prov is ion o f law that d i rec ts U.S. Congress and/or e lec tors o f the

e lec tora l co l lege for Ca l i fo rn ia and/or a po l i t ica l par ty the duty to determine POTUS

candidate Const i tu t iona l e l ig ib i l i ty , the issue o f Pres ident ia l e l ig ib i l i ty remains a p lenary

mat ter to be determined by the Sta te Leg is la ture under the U.S. Const i tu t ion Ar t ic le 2




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Sect ion 1 para grap h 2 . The refo re , the Sta te may not re l inqu ish auth or i t y and

respons ib i l i ty i t has for the SOS must determine ba l lo t conf igura t ion and cand idate access.

I f the Sta te fa i ls to ac t in th is inherent S ta te duty , the Cour t is empowered, o therw ise w i th

o r ig ina l ju r i sd ic t io n to m ake a de te r min a t ion o f qua l i f i ca t ion w hen the re is su f f i c ien t

ev idence and proof o f a f ra ud . Tha t PETITIONERS' have dem on stra ted th at quest ions o f

e l ig ib i l i ty are not proper ly before any ent i ty o ther than the cour t o r the SOS, ch ie f

e lec t ions o f f icer o f the Sta te o f Ca l i fo rn ia , and that and that th is mat ter was improper ly

answ ered w i th a de m urr er because PETITIONERS' have estab l ished that the Secre tary o f

Sta te has a min is ter ia l du ty to ver i fy a cand idates e l ig ib i l i ty . However , s ince an actua l

conf l ic t a r ises between th is duty and the duty to s imply p lace a nat iona l par ty cand idate

for Pres ident on the ba l lo t , PETITIONER respect fu l ly requests that th is cour t g rant th is

Peremptory Wr i t fo r s tay and in ter im d iscovery w i th A l ternat ive wr i t o f an exped i ted

hear ing on the m er i ts a long w i th a cont inu ance in schedu l ing in response to the De m urre r

and Memorandum of Barack Obama et a l . (Respondents) f i led February 15, 2012, and

there be ing suf f ic ient reason w i th add i t iona l ev idence prov ided hereby, that th is

a f f i rmat ion be deemed suf f ic ient to a lso requ i re as a mat ter o f fa i r no t ice and respect fo r

the cour t ca lendar th at a cont inu ance m ust be gran ted for Pet i t ioner 's response sch edule

as to the Cal i fo rn ia Secre tary o f S ta te Deborah Bow en 's Dem urre r w i t h Me mo ran dum f i led

Februa ry 16 , 20 12 , and the S ta te be g ran ted fu r th e r oppo r tun i ty to amen d the de m ur re r

or answer to the Pet i t ion subsequent to th is A l ternat ive Wr i t dec is ion on a hear ing on the

mer i t s he re in and fu r the r ev idence p resen ted ; and fu r the r , tha t the Cour t o rde r a

cont inuance and suspend the schedule for a dec is ion on the Pet i t ion for prerogat ive wr i t o f

ma nda mu s w i th s tay and in junc t ion , and un t i l the A l te rna t i ve W r i t hea rd and dec is ion

rendered w i th suf f ic ient reason that requ i re an amended Pet i t ion f i led nunc pro tunc.




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of Fundraising to bar access of ineligible declared candidate(s) for office of President of

the United States (POTUS) at the 2012 election cycle with restraint of fund raising of such

committees as a matter of imminent harm and irreparable in jury with t ime as the

essence, and I know its contents; the facts stated are true to my own personal

knowledge, except as to the matters therein stated to be alleged on information and

belief, and as to those matters I believe it to be true. The grounds of my beliefs as to all

m atte rs not sta ted upon info rm atio n a nd be lief are as follow s: B"* pa rties , books an d

records, and personal knowledge except to those stated upon information and belief,

which I believe to be true.

Sworn to before meT h i s V ^ d ay o f March 2 01 2

Notary 'Oublic

^ — ^ - 1 ^ ^ ^ ^ ^ — — ^ ^

ANGELA TETER ?COMM. # 1885285 \

NOTARY PUBUC -"CAUFORNIA ^YUBA COUNTY 0

COMM. tXPIRES APRI18, 2014 ;*

Barnett's Alterna tive W rit for Expedited Hearing on Merits and Continuance Page 25 of 25



Noonan e t a l . aga ins t Bowen e t a l . Case No .34 - 201 2-80 001 048

PAMELA BARNETT'S ALTER NATIVE WR IT FOR A EXPEDITED HEARING ONTHE MERITS OF EVIDENCE AND FOR CONTINUANCE IN SCHEDULING I N

RESPONSE TO BARACK OB AM A, OBAMA FOR AMER ICA DEMURRER TOPLAINTIFFS' PETITION FOR A WRIT OF MANDATE and RESTRAINT OF FUND

RAISING

Exhibi t 1



DEBRA B O W E N | SECRETARY OF STATES T AT E O F C A L I F O R N I A | E L E C T I O N S

150011th Street, 5th Floor j Sacramento, CA 958141 Tel (916) 657-21661 Fax {916) 653-32141 www.sos.ca.gov

Summary of

Qualificationsand Requirements fo r the Office of

U NI TED STATES PRESIDENT

DEMOCRATIC PARTY

June 5, 2012, Presidential Primary Election

I . QUALIFICATIONS

Every candidate shall be a natural-bom citizen of the United States, at least 35 years of age, and be aresident of the UnitedStates fo r at least 14 years. U.S. Const., art. I I , § 1 cl . 5

I I . REQUIREMENTS

There are two methods by which a person may have his or her name placed on the ballot as a

presidential candidate in the June 5, 2012, Presidential Primary Election:

• by the Secretary of State as a generally-recognized candidate, or

• by circulating nomination petitions.

A. GENERALLY-RECOGNIZED CANDIDATES

1. The Secretary of State announces the names of individuals she has detemiined to be

generally advocated fo r or recognized throughout the United States or California as actively

seeking the nomination of the Democratic Party fo r President. § 6041'

Qther criteria the Secretary of State may use to detemiine who is a "generally-recognized"

candidate includes, but is not limited to:

a. Qualifying fo r federal matching funds,

b. Appearing in presidential publicopinion polls, candidates' forums, or debates,

c. Being on other states' primary ballots as a presidential candidate,

d. Actively campaigning in Califomia fo r the presidency,e. Having a campaign office in California, and

f Advice and input from the chairs of the respective state parties.

2. Between January 7, 2012* (E-150) and IVlarch 29, 2012 (E-68), the Secretary of State will

publicly announce this determination. § 6041

Al l code references arc to thc Califomia Elections Code unless otherwise stated.

09/30/2011



Qualifications and Requiremenls

Presidential Nomination

Democratic Party Page 2


3. The last day a candidate may withdraw from the list of candidates to be certified by the

Secretary of State is March 29, 2012 (E-68). § § 6042, 6043

B. CIRCULATION OF NOMINATION PETITIONS FOR CANDIDATES NOT SELECTED BY TH E SECRETARY

OF STATE OR UNCOMMITTED DELEGATIONS

1. Any candidate not selected by the Secretary of State or any uncommitted delegation desiring

to be placed on the presidential primary election ballot shall have nomination papers

circulated on behalf of the candidacy. § 6061

2. To qualify for placement on the Presidential Primary Election ballot, the nomination papers

of the candidate or uncommitted delegation must be signed by voters who have selecteda

preference with the Democratic Party equal in number to not less than one percent or 500,

whichever is fewer, in each congressional district of the number of persons who have

selected a preference with the Democratic Party in the Report of Registration issued by theSecretary of State on January 22, 2012* (E-135). § 6061

3. Each signer of a nomination paper may sign only one paper. The signer shall print his or her

name, indicate his or her place of residence, and declare his or her intention to support the

candidate or delegation named on the nomination paper. § 6104

4. Each section of the nomination paper shall be delivered to the elections official of the county

where the petition was circulated. § 6101

5. The period for circulating the nominating petitions is January 27, 2012 (E-130) through

March 24, 2012* (E-73). §§ 6101, 6122

6. The last day to file nomination papers with the county elections official is March 24, 2012*

(E-73). §6122

7. No later than March 29, 2012 (E-68), the Secretary of State shall prepare a certified list

containing the name of each candidate who is entitled to be voted for on the ballot at the

Presidential Primary Elecdon, and the name of each chairperson of a steering committee of

an uncommitted delegation who is to be voted for on the same ballot. § 6180

*Asterisked dates indicate that the date falls on a Saturday, Sunday, or a holiday; i f the date is also a deadline, in mosl cases,

i l will move forward lo the nexl business day. § 15

09/30/2011



Qualificationsand Requirements

Presidential Nomination

Democratic Party Page 3

June 5, 2012, Presidential Primary Eleciion

I I I . APPOINTMENT OF STEERING COMMITTEES

A. Each unselected candidate and each group proposing an uncommitted delegation is required to

appoint a seven-member steering committee and shall appoint one of the members to serve aschairperson. § 6080

B. The chairperson of the steering committee, no later than March 15, 2012 (E-82), shall file with

the Secretary of State a statement containing the names and addresses of the members of the

committee. § 6081

C. Each steering committee shall be responsible for the circulation of nomination papers of

unselected candidates and groups proposing uncommitted delegations. § 6082

IV . GENERAL INFORMATION

A . The Califomia Elections Code contains various requirements that rnust be met by anyone

planning to run as a presidendal candidate for the Democratic Party. Prospective candidates and

delegates should review these laws well in advance of the June 5, 2012, Presidential Primary

Election. For further information, the candidate is advised to consult California Elections Code

section 6000, et seq. This code is available on the Internet at the LegislativeCounsel's website at

www.leginfo.ca.gov/calaw.html.

B. Prospective candidates and delegates should contact the Califomia Democratic Party at

1401 21^' St., #200, Sacramento, Califomia, 95811, for additional duties and responsibilities not

specified in the Elections Code or items not filed with either the Secretary of State or county

elections officials.

C. The Elections Division of the Secretary of State's office does not provide fomis for presidential

candidates.

D. Becauseofthe requirements of the Federal Election Campaign Act, As Amended, a presidential

candidate should contact the Federal Election Commission at 999 E Street, NW, Washington,

D.C. 20463, or call toll-free (800) 424-9530 for a copy ofthe Act, related regulations giving the

filing requirements for reporting campaign contributions, and the forms on which to file.

E. No filing fee shall be required from any person in order to file nomination papers. § 6146

IMPORTANT NQTICE

This information sheet of presidential candidate qualifications and requirements is for general information only

and does not have the force and effect of law, regulation, or rule. Incase of conflict, the law, regulation, or rule

will apply. The candidate should obtain the most up-to-date information available because of possible changes in

law.

09/30/2011



Noonan e t a l . aga ins t Bowen e t a l . Case No .34 -2 012 -800 010 48

PAMELA BARNETT'S ALTERN ATIVE WR IT FOR A EXPEDITED HEARING ONTHE MERITS OF EVIDENCE AND FOR CONTINUANCE IN SCHEDULING IN

RESPONSE TO BARACK OBAM A, OBAMA FOR AMER ICA DEMURRER TOPLAINTIFFS' PETITION FOR A WRIT OF MANDATE and RESTRAINT OF FUND

RAISING

Exhibit 2



Maricopa County SherifTs Office

Joe Arpaio, Sheriff

S H E R I F F A R P A I O R E L E A S E S P R E L I M I N A R Y

F I N D I N G S ON

O B A M A B I R T H C E R T I F I C A T E

Armio msmcts fomm

March 1,2012

(Phoenix, AZ) Maricopa County Sheriff Joe Arpaio in a press conference today toldreporters, "A six month long investigation conducted by my cold case posse has lead

me to believe there is probable cause to believe that President Barack Obama's long-

form birth certificate released by the White House on April 27, 2011, is a computer-

generated forgery. I do not believe that it is a scan of an original 1961 paper

document, as represented by the White House when the long-formbirth certificate

was made public."

This is the principle preliminary fmding of a six-month on-going Sheriffs Cold Case

Posse law enforcement investigation into the authenticity of Obama's birth certificateand his eligibility to be president.

Investigators advised Sheriff Arpaio that the forgers committed two crimes: first, in

creating a fraudulent document which the White House characterized, knowingly or

unknowingly, as an officially produced govemmental birth record; and second, in

fraudulently presenting that document to the residents of Maricopa County and to the

American public at large as "proof positive" of President Obama's authentic 1961

Hawaii long-formbirth certificate.

During the six-month-long investigation and after having developed probable cause tobelieve the long-formbirth certificate is a computer-generated forgery, investigators

began examining other evidence of President Obama's life history including:.

100 West Washington, Suite 1900, Phoenix, Arizona 85003

Phone: (602) 876-1801 Fax: (602) 258-2081

Media Contact: [email protected]



• President Obama's Selective Service card is most likely also a forgery, revealed

by an examination of the postal date stamp on the document;

• To quell the popular idea that Obama was actually bom outside the United

States, we examined the Records of Immigration and Naturalization Service

cards routinely filled out by airplane passengers arriving on intemational flights

that originated outside the United States in the month of August 1961. Those

records are housed at the National Archives in Washington, D.C. Interestingly,

records from the days surrounding Obama's birth, August 1, 1961 to August 7,

1961 are missing. This is the only week in 1961 were these immigration cards

cannot be found.

When and Why SherifTs investisators became involved

In August 2011, 250 members of the Surprise Arizona Tea Party, residents of

Maricopa County, presented a signed petition asking Sheriff Arpaio to undertake this

investigation.

The Tea Party members petitioned under the premise that i f a forged birth certificate

was utilized to obtain a position for Barack Obama on the 2012 Arizona presidential

ballot, their rights as Maricopa County voters could be compromised.

Sheriff Arpaio agreed to accept the investigation and assigned it to his "Cold Case

Posse" at no expense to the tax payers for a thorough examination. The Sheriffs Cold

Case Posse, consisting of former law enforcement officers and lawyers with law

enforcement experienced, spoke to dozens of witness and examined hundreds of

documents, and took numerous swom statements from witnesses around the world.

Additional findings by investigators


Phone: (602) 876-1801 Fax: (602) 258-2081




Suspecting that the long forni birth certificate is a computer generated forgery, they

now say they have identified persons of interest in the case.

Sheriffs Investigator Mike Zullo says, "We have also determined during the course ofour investigation that the Hawaii Department of Health engaged in what we believe is

a systematic effort to hide any original 1961 birth records that they may have in their

possession."

Sheriff Arpaio added, "A continuing investigation is needed to not only understand

more about the creation ofthe alleged birth certificate forgery, but also to detemiine

who, i f anyone, in the White House or the state of Hawaii may have authorized it."

The Matter of the Selective Service Resistration Card

Sheriffs Investigators were then led to investigate President's Obama selective

service registration card allegedly filled out in Hawaii in 1980.

Investigators compared Obama's card to others filled out in same year and to at least

two cards filled out in the same local.

The year stamp that is used on selective sei'vice registration cards should include all

four digits of the year, for example 1980, the year Obama may have registered with

selective service. However, investigators note that Obama's registration card is highlyunusual having a year stamp including only two digits, "80" which appears to be an

inverted number. Additionally, those numbers are offset by a significant amount

suggesting that the stamp was somehow manually manipulated.

Investisators use video presentations to back up the evidence

The Cold Case Posse produced six technical videos to demonstrate why the Obama

long-form birth certificate is suspected to be a computer-generated forgery. The

videos were designed to display the testing used by the investigators to examine

100 West Washington, Suite 1900, Phoenix, Arizona 85003Phone: (602) 876-1801 Fax: (602) 258-2081

Media Contact: l\/[email protected]



various claims made when the April 27 document was posted on the White House

website for public dissemination. The videos consisted of step-by-step computer

demonstrations using a control document.

They also illustrate point-by-point the investigators conclusion that the features and

anomalies observed on the Obama long-form birth certificatewere inconsistent with

features produced when a paper document is scanned, even i f the scan ofthe paper

document had been enhanced by Optical Character Recognition (OCR) and optimized.

Additionally, the videos demonstrated that the Hawaii Department of Health

Registrar's name stamp and the Registrar's date stamp were computer-generated

images imported from an unknown source into an electronic document, as opposed to

actual rubber stamp imprints inked by hand or machine onto a paper document.

"The fact that we were able to cast reasonable suspicion on the authenticity of the

Registrar stamps is especially disturbing, since these stamp imprints are designed to

provide govemment authentication to the document itself," Zullo said." I f the

Registrar stamps are forgeries, then the document itself is a forgery."

"As I said at the beginning of the investigation," Arpaio said, "the President can easily

put all of this to rest. All he has to do is demand the Hawaii Department of Health

release to the American public and to a panel of certified court-authorized forensic

examiners all original 1961 paper, microfilm, and computer birth records the HawaiiDepartment of Health has."

Arpaio further stressed the Hawaii Department of Health needs to provide, as part of

the full disclosure, evidence regarding the chain of custody of all Obama birth records,

including paper, microfilm, and electronic records, in order to eliminate the possibility

that a forger or forgers may have tampered with the birth records.

"Absent the authentic Hawaii Department of Health 1961 birth records for Barack

Obama, there is no other credible proof supporting the idea or belief that this President

was bom in Hawaii, or in the United States for that matter, as he and the White House

have consistently asserted," Arpaio said.


Phone: (602) 876-1801 Fax: (602) 258-2081




Conclusive remarks

Sheriff Arpaio stresses that these are preliminary findings and concluded by

suggesfing a Congressional investigation might be warranted. Arpaio asked that any

other law enforcement agency with information referencing this investigafion beforwarded to his office.

" I want to make this perfectlyclear. I am not accusing the sitting President of the

United States of committing a crime. But there remain a lot of questions which beg for

answers and we intend to move forward with this investigafion in pursuit of those

answers, hopefully with the cooperafion of all parties involved," Arpaio said.

Links to the Videos Used during the press conference are below.

1. http://www.voutube.com/watch?feature=plaver embedded&v=ID KfcmG9gs

2. http://www.voutube.com/watch?feature=plaver embedded&v=S4QWKxKSIHc

3. http://www.voutube.com/watch?feature=plaver embedded&v=izDWmXNBvto

4. http://www.voutube.com/watch?feature=plaver embedded&v=vQ0Wvp91JXg

5. http://www.voutube.com/watch?feature=plaver embedded&v=3S60 AjlinS

6. http.//www.voutube.com/watch?feature=plaver embedded&v=CHAM3hRI8 Y

100 West Washington, Suite 1900, Phoenix, Arizona 85003Phone: (602) 876-1801 Fax: (602) 258-2081




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Noonan e t a l . aga ins t Bowen e t a l . Case No .34 -20 12- 800 010 48



RAISING

Exhibit 3



K E N B E N N E T TSECRETAF Y OF STATE

OFADRIZONA

The foregomg document Is a complete, true and correctcopy ofthe document filed witlh the Secretary of State.

Ken Bennett, Arizona Secretary of State

Date V- n-

State Capitol: 1700 W Washington Street, 7'" Floor

Phoenix, AZ 8:5007-2888

Telephone (602) 542-8683 Fax (602) 542-6172



STATE OF ARIZONA

P R E S I D E N T I A L P R E F E R E N C E E L E CT I ON

C A N D I D A T E NOMINATION P A P E R

(A,R.S. § 16-:!42)

You are hereby notified that I, B a r a c k Qbam a

RECEIVED

SECREmRY OF STATE

2007 OEd 13 PH 3'01

FOR OFFICE USE ONLY

am seeking nonnination as a candidate for the office of President of the United States from the

Democratic

to be held on the 5th day of February 2008.

Party, at the Presidential Preference Election

I am a natural bom citizen of the United States, am at least thirty-five years of age, and

have been a resident within the Un ited States for at least fourteen years.

50if6 South Greenwood Avenue, Chicago, IL 60615

Candidate's actual residence address or description of piaseof residence (city or town) (zip)

Obama f or America, 233 North Michi.gan Avenue, 11th Floor, Chicagg^ÎL.

Candidate's Post Office Address (city or town)

Candidate's Arizona committee information:

Chaimnan'sName

Address

Telephone

Don Bivens

2910 North Centra,! Avenue, Phoenix AZ 85012

(number and street)

6 0 2 - 2 9 8 - i f 2 0 0

(city or town) (zip)



• lam )

Q 1 am not )a registered voter In the

^RECEIVEDSECRETARY OF STATE

state in w hich I resii 13 PM3J0I

EJlam )

Q I am no t )

a member o fth e political party from which I am running as a

candidate for the office .lof President of the United Stales.

I do solemnly swear (or affinn) that all the infwm ation in this Nomination Paper is true, thatas to these and all other qualifications, I am qualified to hold the office that I seek , having fulfilledthe United States constitutional requirements for holding said office. I further swear (or affinn) thatI have fulfilled Arizona's statutory requirement for pte'cing my name on its PresiiJfential PreferenceElection ball ot I ) /

SubscnTjed AND SWORN to (or affirmed) before me this

CommemsctMi) ot Miieinta

.Cmama n EWi— Wot gj, gO]>0

(Seal)

IVIy Commission Expires: ''3'" I '2-0 10

Fiie with:

Arizona Secretary of StateElection S ervices Dh^lsion1700West Wash ington Street, T"" FloorPhoenix, Arizona 85007

Office Revision 8/21/2007



Noonan e t a l . aga ins t Bowen e t a l . Case No .34 - 201 2-8 000 104 8

PAMELA BARNETT'S ALTERNA TIVE WR IT FOR A EXPEDITED HEARING ONTHE MERITS OF EVIDENCE AND FOR CONTINUANCE IN SCHEDULING I N

RESPONSE TO BARACK OBA MA, OBAM A FOR AMER ICA DEMURRER TOPLAINTIFFS' PETITION FOR A WRIT OF MANDATE and RESTRAINT OF FUND

RAISING

Exhibit 4



OBAMA: LONG FOR M BIRTH CERTIFICATE

I T A T I Of HAWAII CERTIFICATE OF LIVE BIRTM M»A«TMI>.T W HIALTH

FIU ^ 151 l ^ o l 1

BARACK HUSSEIH ORAKA : i

— • • ^ — • r i — , - . c - . j - - u I I I , , r - l • - • J , , , — i - f T l ' - t ' n : 1

iBp l f l l a n l l U U r Rl t j . 1 Oynacological Ho8plt*l | JjSh'^'n*-tcjirj;=r^nit^CkTf;=rs"i^ ' f c - t c i j - • - j T r T s - i ' - j t ^ ' - I C C T S S ;

RonololD : Oahv | HonololDt H m j . l

6085 KalanlKDsois Hl(^««7

BAHACS [QI5SS1N

cue -a 1351 V (i„o J.... . wr^Ssi

Green safety paperbackground

( « > r T » y T W J O A T B I * COffT OBA B 3 T M C 1 0 * m • K O T O O " •

CUJ '-V, I. OS T A T E R E O i S n U A

uire I I: PDF fi le released from White House

[j T A l E o r H A W A I I CERTIFICATE OF LIVE BIRTH °' "c i " " i nc'^* I7"

N U U I I B 1 3 1

T T ' ^ l . n l * * n m ^1 f f r p r u r p r i u ) I h

HU3H3!tl OBA:<A.- — 3 „ 1

Kaio

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j . . i n l ' » ' - August

i t a f

ig bl I 7:2^ P.M.1 I I J , I m

t 'onolulu

bb. I t t a a r f

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B 4 . r> l*Wfr « f l l ( r < h 1 Ml ,

^ r i t i

• 1 M M h r f • C I t /i t v a M H m l L a t u k

Honolulu

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Oahu

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H o t i o l u l u , Kavtill

Ii . l l f u l A ^ i l m

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University

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lb . t h r l h f K I l U i a , I M H C K « n

V i c n l t o , nannaa

r r * a l U v t a y a l i a a O m i l r f a l h a i > t : k . i . « t « ' « k . r f

1 n n i r ; i f > M i h « • l i . i r . i . t ( i l

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1

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Die -?i 1:61Jl . SianslBK W L K I I • • i i a t i w > ^

IDm t i i a 4 h . t l f « .

- s ISSI

.........

Blue background colorand no safety paper

I CEiniF^ IWS IS » THtlE COPYA QST RA CT c ? n F c o c n O H . a c t il

I I A M A I ) S T A T L G C P A P T M C * 1 T OF H E U T . .

CT Am KEGISTTÂft

ig ur e 2: A pr intou t was given to AP which they scanned

I, Mara Zebest, am prep aring this re port a t the request of

Maricopa County Sheriff's Office in support of the Cold Case Pos

investigation.

The PDF birth cert i f icate doc um en t released by the White Hous

(shown in Figure 1) is a completely manufactured and fabricate

com pute r gene rated image. The same source f i le was used toprint a copy hande d to the AP (shown in Fig ure 2), in which the

AP scanned in the version handed to them . A th i rd photog raph

version (Figure 3) was touted by Savannah Guthrie who claime

to have held and felt the seal on the doc um ent, b ut the o riginal

Internet posted images have been scrubbed.

The Wh ite House wants us to bel ieve the PDF doc um ent started

out in printed form on securi ty paper retrieved from Hawaii—b

this is not possible. All thre e versions m anifest itself as a pr inted

docum ent only when the PRINT but to n is pressed f rom wi th in

the or ig inal manufactured docu men t fi le . This wo uld account

for the t ransformat ion o f a document contain ing di f ferent color

backgrounds, and the abi l i ty to print with or without safety pap

pattern (by turn ing a layer on or off) .

There is no doubt in my mind that this computer generated ima

never started out as a paper source document and was never

scanned in as described by the White House— it was digitally

created and manufactured.

The bulk of this report wi l l explain the evidence to support this,

which wi l l inc lude the fo l lowing po ints:

3 Inconsistencies wi th in text characters: All anti-aliased tex t (

a color scan), or al l bi tma ppe d text ( in a black & white scan)

not a mixture of bo th wh ich is impossible in a legit imate

document. Image noise should also be consistent througho

3 Chroma tic aberration absent: A color scanned docum entwo uld display chromatic abe rration.This is physics and occu

in all color scans but is absent in Obama's PDF document.

3 Layers: A nor ma l scan is a flat fi le and does not contain m ult

layers. The Obama PDF contains 9 layers and gr oup ed to a

clipping mask layer.

Q Links: Indicate that com pon ents were pasted into the fi le,

rotated, and resized.

3 Clipping Mask Path hides image inform ation : Proof of

man ipu la t ion .

3 Safety paper and white halo: Man ufactured in f inal steps.

t .*. 'v:—

Safety paper backgroundwith a gray/blue color

•• ••••. -- ift >8J!Fi gu re 3: Savannah Guthr ie photo c la im to ver i fy docum ent



OBAMA; LONG FOR M BIRTH CERTIFICATE

IT* Wt y«" Owimw gti'wna '<z n latrt Aj «^ rt vy*«wa tit.ji

J r i : ^ ) i» -J • • • ^ Ul « * 4^ Ite) :

Search word in Find box

M a " M M • •• I

r'~i •

No text found In file

••a i.,î|t.(.' i

'OB} Ktltnlaiaet* tlgsnT

OMIU • Ihxillsia, UnAlt

) / 1

4: Search for text is not recognized—No OCR appl ied

I . . : i v f t

Document Font Propertiesof original PDF file

5: Font Properties of Obama's PDF file

Th@ ©CIR AirgtLomemits: M®tt a FactoirS

OCR—which stands for Optical Character Recognitior)—will scan

d o cu me n t for text and conver t any images of text to l ive (editab

text .

After OCR isappl ied to a PDF in Adobe Acrobat Pro, the text

responds as if it is in a Word d ocu me nt. The OCR text can beselected, chan ged, copied andpasted. The O bama PDF docume

as down loaded can not beedi ted in the aforement ioned manne

Note: Adobe Acrobat Pro has PDF edit ing function s, but Adobe

Acrob at Reader does not.

Addit ional ly, i f the PDF hadbeen scanned using OCR software;

w o u l d beable to search thedocumen t w i th keywords and i f t he

text exists in thedocument , then those keywords would bef ou

F igu re 4 shows the keyword " t /Ve" typed in the FIND box, and e

t h o u g h thewo rd "Live" exists in theCert i f ica te o f L ive Bi r th t i t le

d ia log box responds that "no mofches were founc/."

When viewing the font propert ies dialog box in Figure 5 , no fon

are listed. IfOCRwas used, the image area would beconvertedrecognized fonts in thedocument and the fonts would bel isted

The dialog box isem pty, indica t ing th at Obama's PDF f i le does

not recognize any text. This dialog box ca n beviewed by go ing

to the Fi le menu > Prop ert ies, then cl ick on the F o n t tab in the

DocumenfPropert/es dialog box.

Font-based text can becreated after a file has been processed

th rough theOCR Text Rec ogn i t ion feature in Ado be A crobat. T

ru n theOCR feature , go to the D o cu me n t me n u andselect OCR

Text Re cog ni t ion, and then click Recognize Text Using OCR.

Acrobat wi l l then perform ascan on the document and conver t

text found in the image to editable text. Note that ap plying OCR

Text Recognition will alter theappearance ofthe characters in t

conversion f rom image to text .

F igu re 6 shows that al l the fonts recognized during the process

now l isted in the Font Properties dialog box.

F igu re 7 shows another search (after OCR isappl ied) on the

keyword "L ive" typed in the FIND box. The wor d "Live" is f ound a

high l ighted wi th in the Cert i f ica te o f L ive Bi r th t i t le .

r . A c M t M l t M r w T l ^

Document Font Propertiesafter OCRText Recognition

6: Font Properties dialog after OCR Text Recognition

'V DUVI fr i ' .(K.1 lr i cq fk .1>nptl t . A i lrOr AtU ll i t tn i l

-J <? ^ 1 I* u - • ui» .• ^ - ta * 'DJ

Search wor d InFind box

Text found In OCR file

CCXTIFICATI Of L tVi pi KTHfit l O R t l

_______

Kmaluln Cum

lanl<ila.it hAtarniir * aji-.»«>lc|lc*l tb* | i i ia l L X ' ^ ' S ^ " " "

'kmlulu _ _ 0*Pu llMolblu. H M A U

F i g u r e 7: Search for text isrecognized after OCR isappl ied



OBAMA: LONG FOR M BIRTH CERTIFICATE Page 3 of 10

[ Paint strokes— no noise )

ig u re 8 : Painted brush strokes in digi tal scan lack noise

aliased(bitmap)

aanti-aliased

a: Aliasing (or bitmap) and anti-aliasing

( Bitmap edges are Jagged ) ( Antl-allased edges are sm ootfi J

DmifirodlycftDoini to [Bask Terms

gu re 10 : Bi tmap edges are jagged v smo oth ant i-a liased edge

Let's briefly examine three terms related to graphic programs:

Noise, Anti-aliasing, and Bitmap

N o i s e V N o N o i s e

Scanned images wi l l have a consistent noise. Any inconsistencie

in noise wou ld be a strong tel l tale sign of tam pe ring . Whe n lookat an image at a norma l zoom level (100%) colors m ay appear as

one color of any part icular area of an image. Zoom ing in closer

the area, consistent no ise is easi ly app arent in the sl ight variat io

of color from neighboring pixels that make up each color (show

in F igure 8) . This is the natural noise level for this image . Note th

i t is consistent thro ug ho ut th e im age; variat ions can be seen for

neig hbo ring pixels of each color area in the original image.

In contrast. Figure 8 also shows an exa mple of no noise as a res

of digi tal ma nipula t ion. Two pixels were sampled to ma tch color

within the image. Using a paint brush tool in Adobe Photoshop

a streak of each sam pled color is drawn across the image area.

Clearly the lack of noise in the digital brush strokes is inconsistewi th natural no ise o f the image. Components added d ig i ta lly to

image do nof conro/n noise. Al l neighbo ring pixels for the sam p

paint strokes in Figure 8 are sol id in color with no variat ion—no

even thes//g/ i tesf of variat ions. In order to avoid dete ct ion wh en

edit ing an image, an experienced professional wi l l need to mim

the no ise to m atch the docume nt . One com mo n m ethod used i

access the Add Noise f i l ter found on the Photoshop Fi l ter men

This was no t do ne in the Obam a PDF f ile. I f this was a legi t im ate

color scan, noise would be consistently displayed throughout th

ent i re document .

B i t m a p ( o r A l i a s i n g ) v A n t i - a l i a s i n g

Figure 9 o f fers a visual exp lanat ion of a l iasing [or b i tm ap text )

contrasted with anti-al iasing. Notice that al iasing is the visual

stair-stepping o f edges that occurs in an imag e wh ich yields a

jagged edge. Ant i -a l iasing is the s moo th ing of jagged edges

in digi tal images by averaging the colors oft h e pixels at the

boundary edges.

Also notice the transit ion of pixel colors that occur in Fig ure 8

whe re contrast colors bum p u p next to each other. This color

transit ion (averaging of color pixels) makes the l ines appear

smo oth whe n viewed at a normal v iewing leve l. Wi thou t

anti-al iasing to so ften this l ine edge tran sit ion of colors, images

have a chop py jagge d edge qu al i ty (al iasing or bi tmappe d qual i

Anti-al iasing is ei ther appl ied global ly (to an entire image) d urinscanning—or not at al l .

Figu re 1 0 is a perfect exam ple of an inconsistency that occurs

image manipulat ion.The numerical characters 064 seen in the

Figure are al l al iased or bi tm ap pe d, and the 1 is anti-a l ias ed as

wel l as containing noise.

A color scan wo uld produc e anti-aliased results universally. Whi

i t is possible to use a bi tm ap sett ing w he n sca nning, the results

wo uld create a b lack and wh i te ima ge— no co lor present. A b i tm

sett ing w ould turn every pixel to on or off— wh ite or black. So i f

bi tm ap s ett ing was used in a scan, then there sh ouldn 't be a co

background, a long wi th v arying co lors in the text outside the

grayscale range? Al l text color values have green tone values —black or grayscale.




^ C ool blue color at the upper edges J

11: Scanned text and Chromatic Aberration

(T]rp« or printNoise, anti-aliasing, bitmap inconsistency

in text—and no cfiromatic abe rration

BMACK12: Obama PDF viewed in Acrobat at 1600% zoom level

er •

D.O.

Midwift U l yiOthe Color variation evidence ofmanipulation j

Alvin's signature suddenlydevelops a smiley face

( Spelling error on stamp ) [ Green text color values ]

1 CERTIFY THIS IS |A TRUE COPY OR / IABSTRACT O? T^B RECORD ON FILE IN !THE HAWAII STATE DEPARTMENT OF HEALTH i

OJj^XG- ? V . . j i

S T A T E R E G I S T R A R

13: Examples of text inconsistencies

No spelling error

ABSTRACT Of- Ti:'£ Pt:C J W C n .V ;; ^THE HAWAII STATt- D .• . P.T•1i ^;» i l lV ' i^'? .'•1

I Alvin's signature I

I w itfiou t smiley face? j

14: http://factcheck.ora/2008/08/born-in-the-usa/

S c a n n e r C h r o m a t i c A b e r r a t i o n

What ischrom atic aberration? This occurs whe n d ifferent

wavelengths of l ight are refracted differently as it goes through

a lens or pr ism dur in g the scanning process. Light is refracted

differently as the scanner encoun ters one side of a contrast ing

color (part icularly with text) compared to theopposi te s ide of t

contrasting color.

In simpler terms. Figure 11 is an example of C hromo t / c / l be r ro

in which thescanner produced w arm red-ish color values at

the bo t tom andleft edges ofthe text, and similarly the scanner

produced cool blue-ish color values around the top and r ight

edges of text transit ions. Chrom atic Aberra tion can beseen at a

high zoom level in color scans such as theAP version of Obama'

BC—but this chromatic aberration isNOT present in Obama's PD

released by the White House.

Because theAP version displays chromatic aberra tion, this is an

indicator that theAP did receive a printe d hard copy o ft h e BC f

the Wh ite House and scanned whateve r was presented to t hem

did not do anything w rong . They s imply scanned what was han

to them.

It 's important to note that theAP version does NOT have a secu

safety paper background pattern, but rather a baby blue c olore

background.This sudden difference in background color/pat te

is anothe r inconsistency that cou ld NOT happen if the docume

was simply scanned wi th nofur ther manipulat ion andreleased

the Whi te House— but th is inconsistency would on ly happen if

White House documen t isa man ufacture d f ile.

Applying the Terms Reviewed

A keyprob lem w i th thedocum ent, as presented, is tha t it is r id

wi th inconsistencies. Scanning a doc um ent w ithou t ma nipu lati

produces an image wi th qual i t ies that are consistent g lob al ly

( th roughout theent i re image). Amateur ish image man ipulat ion

will reveal loca l (specific areas) of inconsistencies orodd art i fac

Another example of anti-aliased text conta ining noise for the le

"R" mixed wi th surrounding bi tma p text in Figure 12.The whi te

halo effect surrounding the text wi th nochromat ic aberrat ion i

also a strong indicator that the docu men t was manipulated (m

on thewh ite halo later).

Figure 13displays text color inconsistencies in dates, along w it

misspel l ing in theoff icial stamp text— "TXE" instead of "THE." W

it may be argued that themisspel l ing ismerely a funct ion of th

stamp inkapplied unevenly, theodds signif icantly decrease tha

this would occur on b oth vert ical bars that affect bo th sides of

"H"character. Both sides pull in substantially displaying an "X."T

stamp also sports suspicious m arkings in the"Alv in"s ignature t

has been referred to as a "happy face."

F igure 14offers a contrast im age of Alvin Onaka's stamp in wh

the wo rds are spel led correctly and no "happy face" markings in

th e "Alvin" signature. The "Ph." spacing between the "P " and "h " i

d i f ferent in both signature images (the pe riod spacing as well).

Also, the stamp version displayed in Figure 13 isa sol id b i tma p

layer—no signs of texture (ink stamp on paper) can bedetec te

Some semblance of texture would be reflected in an image

scan (even with optimization appl ied), but this overal l qual i ty o

tex tu re—the inkstamp on paper as seen in Figure 14—is abse

from theObam a PDF.



OBAMA: LONG FOR M B\RTH CERTIFICATE

Layer 1 includes the foilovKlng sub-layers:

( One f la t image | > ^ ' ^ - " '- ^*-—

.w.--J[ Outside border edge boundary path

One flat image layerCl ... . . . .

£^.^J^f '^ .^ . : ' - - - S ^ ' : ' ? ! OneLlnl i 1

r " -'"f ^ ; r '

( Outside border Path ) > i

gu re 15 : Normal one- layer scan docum ent behavior

border path ^t >

( Clipping Path

{ Clipping Path layer ")

[ IVIultiple sub-layers

IT-.-- — " T : " ' " . - '

( Mu ltiple linl<s

r

I •6 : Mu ltipl e layers and links in Obama's PDF

1 " ^ One bitmap sub-layer at top ^

S$i™S'§i^l..S— iiir' ^j!^x:ii^ 7~.ri..

•ii;*'.ri'"

Huge amount of linl(s )

[ Insane number of color sub-layers ]— >

ig u re 1 7: AP layers and l inks after optim ization is appl ied

Attem pts to suggest o ptim izatio n explains the presence of layers

the Obama PDF is simply not true. While i t is true tha t optim izati

can cause layers, it is not true that optimization explains the laye

displaye d in Obam a's PDF.The layers in Obam a's PDF clearly disp

a decision-making process that would be present with image

manipu la t ion .

A simple defin i t ion for op tim iza tio n is a process that appl ies

suitable compression settings to reduce file size.

As state d— optim ization can cause layers— but in the case

of op timiz ation ; the process of how the docum ent is layered

is completely computer-generated based on p rogram ming

algori thms.Thus, there are certain predictable patterns.

Before examining the Figures, it mig ht help to explain th at there

two types of graphic program s: ffasfer-basedand Vector-ba sed.

Raster-based is a fancy w or d for p;xe/-bosec/which is the stre ngt h

of a program like Adobe Photoshop. Whereas Adobe Illustrator

is a vector-based pro gram —m ean ing i t relies on mathe matical

interpretations. I l lustrator operates differently than Photoshop inthat lines or shapes drawn in Illustrator are referred to as p a t h s —

mathe matical e quations tha t define the l ine, l ine segment, or sh

With this in min d, when a pixel-based image is ope ned in I l lustra

a path is generated to define the outer boundary border of that

object.Th is is why you w il l see sub-layers in the screen capture

Figures with a Path t i t le that corresponds to th e visible blue (def

color) rectangle-shaped border edges of an object ( in the display

image).

The AP file version of Obama's PDF in Figu re 15 will serve t o

represent a scanned document and when opened in I l lustrator,

there is only on e l ink, and one layer; the layer breaks dow n to

display the fol lo win g sub-layers:3 A boundary edge Path—the blue border surrounding the im

3 And the flattened Image

Figu re 16 shows a crucial di fference in the nu mbe r of layers

displayed in Obama's PDF file (compared to the AP file): Obama's

PDF has nine links and nine sub -layers (NOTE: The paths are activ

displayed in the image). In addit ion to the nine sub-layer objects

a cl ippin g pa th is at the top of th e sub-layer l ist. The cl ipping pat

groups al l the remaining sub-layers below. Note the location oft

cl ipping path in the image, which wil l be explained further on th

next page. It's presence with in th e f i le and a ppl ied in a mann er t

hide portions of the image also reflects image manipulation.

Anoth er crucial di fference in the num ber o f layers occurs wh en

optim ization is appl ied to the AP scanned image in Figu re 17 .

There is an unreasonable am oun t of layers generated . Note desp

resizing the Links and Layers panels, ther e is stil l a scroW box wh i

scrol ls the leng th of the em pty sc rol l in g bar area (to offer a sens

how many layers extend beyond the current view).

Examine how th e layers divide the im age in to pieces. It is analog

to taking a scissor and cut t ing th e image into rand om rectangles

Final ly, notice that Figu re 17 cal ls out the top layer as a bitmap la

(which means i t contains one color value only), wh i le al l rem aini

layers are color layers (contains m ult iple color values). One bitm a

layer and mult ip le color layers are typical optim izatio n behavior;

but t he reverse is true in Obama's PDF in whic h i t contains mu lt ip

bitmap layers and only one color layer.




in•u

( Clippin g Path ^ |

[ visibility icon )

i, . » . . r i : ^w--J=i?= fc " v J ' i • ( Collapsed Icon

ig ur e 1 8: Obama PDF opened in I llustrator wi th c l ipping mask

I - -( Release Clipp ing Mask Group

rII !

y[ Expand icon J

( Clipping Path ^îii: ^^'rf "^"W W-

ig u re 1 9 : Clipping Mask gro up released and sub-layers displayed

( First link actively selected J -[ Layer visib ility on )

[ Layer objec t path ]

(W hite pixels display ) ^

[ Top layer selected]

g u re 2 0 : Zoo m view of to p layer reveals wh ite pixels

( First link deselected )( Layer visib ility off )

1

( Layer object path turned off ]

White pixels disappear:Pattern pixels uninterrupted

ig ur e 2 1 : Layer turned of f reveals uninterrupted pat tern below

Tlh© CDoppoinig W\mh. [PaSlh

Let's return to the previously mentioned Clipping Mask Path. J

term m ask refers to definin g parts of an image to be hidd en fr o

view (rather than have to delete u nwa nted parts). Any vector sh

can be used as a cl ipping path — in this case the rectangle path

shape seen in Figu re 18 defines an area that acts like a wind ow

Any thing with in the shape borde r is visible, and any thing th at f

outside i ts boun dary is not visible. A benefi t de rived from using

cl ipping mask is it al lows the m ask to be reposit ion at any t ime

show or h ide di fferent parts of th e a rtwork. A c l ipping mask tha

hides image information from view o nly occurs in a manual proc

to ma nipulated a docum ent. I f a cl ipping mask is genera ted in a

optimized f i le—it wi l l never hide information.

Figure 18 displays the clipping mask as the only visible path

when the Obama PDF is first opened— all other path objects

behave as a group a ttached to the clipping path.To move and s

these objects separately—the clipping mask group needs to be

released—or ungrouped.

Fig ure 19 shows an open Layers panel (to display the sub-layer

A right-cl ick inside the cl ipp ing mask offers a me nu op tion to

Release Clipping Mask. Notice that releasing this path not onl

exposes the other grouped path objects, but suddenly uncover

addit ional background pattern that spi l ls outside (and beyond)

c l ipping mask path boundary—proofof image manipulat ion.

DcannnnSD"

Tom Harrison, a software d esigner, publ ished a report th at

examines the top two sub-layer objects. Without a doubt, the

implications of these two sub-layers are clear indications of ima

manipulation. This cannot happen in a normal document. At f i r

glance these layers appear to be em pt y— bu t this is not th e cas

These layers contain odd random white pixel information, whi le

the pixels under the white dots show no disturbance of safety

paper pat tern (on the bo t tom layer). This is simply n ot p ossible

normal scan and can only happen in image manipulation.

Tom Harrison offers the fol low ing a nalogy in his report:Try to h

someon e take a picture of a person holding a footbal l h idd en

beh ind the ir back, not visible to the camera. Wil l you ever be ab

to extract the person from the photograph and sti l l see the foo

revealed? Of course not. However, ifa picture is taken of a footb

and a separate picture is taken o ft h e person, layers can be used

to" hid e" th e pic ture of the footbal l behind the person (us ing a

progra m l ike Photoshop ). By placing the picture o f a person on

layer " in f ront of"— or on top — of the layer contain ing the footbin the docu me nt— the foo tbal l would not be v isib le to the casu

viewer unless the layer of the person is turned off.

Using the foo tbal l analogy, look closely at Figu re 20— a close-u

view to reveal numerous w hite pixels in the to p layer object.

Addit iona l ly, these pixels are bitm app ed rather than displaying

sof t b lending qua l i ty to t ransit ion into the background p at tern

another indication that the white pixels are not a normal part o

the background pat tern.

Figure 21 shows the white dot layer turned off to expose the

undisturbed safety pattern in the background (under the white

pixel dots).To paraphrase Mr. Harrison, no scanner in the wo rld

has x-ray vision that can detect unin terru pted safety paper pattunder another object (such as the ran dom whi te dots) .



BARACK OBAMA: LONG FOR M BIRTH CERTIFICATE

Selected active links ta.u-.t•')£3 UliiiLiMtia WtC-t

ri -

[ Date stamp Cer ti fi ca t ion s ta m p)

ig u re 2 2 : Target layers and objects for date and cert i fy stamps

31 •f7*> Afnu Etuti

1£ V | ; i i : u , i « e * u

I . - . - : r - - " ' ^ ' -- . i y t

7!- . - _ . . .Date & certification stamps moved

gu re 2 3 : Layers a l low for mo ving the date and cer t i fy stamps

^ T ,

rJ:^:^^SU,^JS:;j6iias;=-~^ 2

f ^[ Background selected & moved J

gu re 2 4 : Background layer wi th whi te halos can a lso move

I "

[ Bottom layers selected— text layer off )

ig ur e 25 : Opt imized lacks the huma n e lement in layering

[ Text layer on—one background layer off )

1 - - " T B U ' T M i t T i W r r - i i p - .I tttivfne'vt'.mnHiti

re 26 : Text layer turn ed on and one backgrou nd layer off

The main p urpose and s trength o f layers is they al low parts

of an image to be isolated to make i t easy to re posit ione d, or

adjust visibi l i ty (on or off) independently of surrounding image

layered parts—thus layers are a powerful image manipulat ion

t oo l . I t makes sense to have a date and a cert i f icat ion stam p o nseparate layers—to mov e, rotate, or reposit ion for the purpose

of manipu la t ion and a l tera t ion. F igures 22 -2 4 dem onstra te ho

objects can be moved arou nd independe nt ly.The Obama PDF

has a clean separation of text isolated on each layer, unlike the A

opt imiz at ion layer resu lts for the same in format ion in F igures 2

26 . The layer results seen in the Obama PDF can not be dup l icat

through optimization, but can be easi ly dupl icated (and explain

wi th an understanding of image manipu la t ion.

The date stamp a nd cert i f icat ion stamp are the selected layers i

Figu re 22.Th e Links and Layers panels veri fy the select ion alon

with the act ive blue paths that display around the layered objec

Figure 23 dem onstra tes that the ob jects can be movedindepende nt o f t he background (or o ther text items). Note that

the Obam a PDF, the text for the cert i f icat ion stamp is com plete

and independently separated onto i ts own layer.The same is tru

ofthe date stamp. This is a clear and important indicat ion of im

manipulat ion in which each of these i tems can be manipulated

independen t ly o f th e su r round ing backg round layer. This clean

separation can on ly be accompl ished throug h image man ipu la

of document e lements.

Figu re 24 shows the ba ckgro und layer can also be selected and

move d indepen dent iy f ro m the stamp an d date layer e lements

The whit e halos are a part of the back groun d layer since whit e i

the typical color present when bui lding a background layer.Thu

when ever th e safety paper patte rn is not present, the typical c odisplayed in the absence of pattern w i l l be white.

AuttonnicDitDorD v iViamiuall iVlaniipyllatioini

F igure 25 and F igure 26 shows the lack o f pred ictab i li ty w hen

an autom ation process chops up an image and generates layers

dur ing opt im izat ion. As previously men t ioned, the AP f ile open

wi th the appearance of a normal scanned document conta in ing

only one layer. For this reason, the AP fi le was used to demonstr

wha t happens when opt im izat ion is appl ied. Af ter the o pt imiza

process, the AP fi le displays a multitude of layers.

Most of the black text extracts onto one bi tmap layer at the top

the layer list. This top te xt layer is turn ed of f in Figure 2 5. Note

the tex t does not separate cleanly onto one layer. Remnants of

remain beh ind on a variety of th e m any m ult i -color layers in the

that st i l l have their visibi l i ty turned on in Figure 25. Addit ional ly

the top text layer contains a large port ion of al l document text

optim izatio n fai ls to separate text according to usefulness. In ot

words , al l the stam p text does no t reside on i ts own layer— nor

there a di f ferent layer for the date text — and again, no clean an

com plete separat ion.

Figu re 26 has the top text layer visibi l ity turn ed back on again,

but instead, one of the bo ttom back groun d layer's visibi l i ty is

turned of f th is t ime. The selected paths show how there's no

human qual i ty to the log ic in d iv id ing in format ion in to layers—machine is dec iding based on an auto ma ted process.




L. la r! r -

( T op l ayer : Cer t i f i ca t i on s t am p t ex t

I CERTIFY THIS IS A TRUE COPV OR

ABSTRACT O? TXE RECORD ON RL E IMTHE HAWAII STATE OEPARTMENT OF HEALTH

STATE l&GISTRAR

( Bot t o m l ayer : Whi t e backgr oun d ]

gu re 2 7 : A two- layer s tamp text f ile created to demonstrate

[ C t r l +c l I ck on l ayer t humbs

I f f ^ rT R U e ' C O P Y O RTKE RECORD ON FILE INATE DEPARTMENT OF HEALTH

S T A T E R E G I S T O A R

( Text Is selected J

gu re 2 8 : A text selection created and select ion expanded

( E x p a n d S e l e c ti o n d i a l o g b o x ~ ) t : | = " » ^ > < ' T

I CERTIFY THIS IS A TRUE COPY ORABSTRACT OP TXE RECORD ON FILE IHTHE HAWAII STATE OEPARTMENT OF HEALTH

S T A T E R E G I S T R A R

ig ur e 2 9 : Expand Select ion opt ion— expa nded 2 pixels

I I W H O ^ At-(M'*

[ Se l ec t i on I nverse op t i on J

I S A T R U e C O P Y O RTXE RECORD ON FILE IHATE OEPARTMENT OF HEALTH

STATC rtECISTRAR

( T ex t se l ec t i on expand ed by 2 p i xe l s ]

• B :

ig ur e 30 : Next the selection needs to be inversed

Wlhote Inlal]® Cir@atto®ini

The white halo effect presents two common questions; why is

there a white halo, and wh at caused i t? Before answering the

forme r qu estion, let 's address the latter.

The wh ite halo could simply be a fun ction of a selection created

aroun d al l the text— before f il ling the backg round layer wit h a

green safety pattern.

The green safety pattern cou ld have easi ly been a ppl ied to the

backg round layer i /v/fhoutany selection —thu s a sol id patte rn

wou ld have covered the ent i re background layer— without a wh

halo. But for some reason, a wh ite halo effect was gene rate d—

ei ther through an active select ion wh en creat ing the backg roun

or throu gh an enhanc eme nt process, or a combinat ion o f bo th .

As might be expected, the creation ofa background using a tex

selection is easily dem onstra ted w ith step-by-step Figures.

Figure 27 shows the demonstration f i le set-up. The stamp text

from the Obam a PDF fi le was copied (from Il lustrator) and paste

into a new Photosho p f i le o n a layer that is above a sol id wh ite

backg round layer. Note the t wo layers in the Layers panel: Stam

Text layer and the Background layer (currently f i lled w ith w hite)

When work ing in a graphic program, i fyo u wan t to apply any

changes to an image, you have a choice to use a selection for t h

target area, or to m ake changes wit ho ut a selection. If there is n

select ion, then any changes can be appl ied to the entire image

wit ho ut any restrictions. Ifa selection is created, the changes ar

l imited to the selection area only. Analogous to se lecting text in

a Word program to apply a change, such as bold form att ing; the

text is fi rst selected, and the bold for ma tting is the n appl ied to

selection of7/y.

In this example, a selection wil l be created a round the text as th

next step shown in Figure 28. Any obje ct separated on a layer

can easi ly be used to create a selection of tha t ob ject. Simply ho

do wn th e Ctrl key and click on the layer thu mb na il— in this cas

click on the Stamp Text layer. A selection tha t resembles ma rchi

ants appears around th e text.The next step is to expan d th e

selection to include a l i t tle extra space surrou nding the text. Th

can be accompl ished f rom the Select menu , us ing M od i fy , and

then choosing the Expand option (also seen in Figure 28).

The Expand Selection dialog box displays in Figure 29 which allo

a user to specify how many pixels to expand the selection. Sinc

the idea is to surround the text by a small area, the amo unt ente

in this example will be 2pixels.

The expanded selection in Figure 30 currently surrounds the

text. However, the curre nt selection area needs to remain wh ite

since the ult imate g oal is to app ly a pattern f il l to the surro und i

background area—not the surrounding fexf area. Therefore, the

selection needs to be reversed—also kn ow n as inve rse— to ens

the pa ttern wil l f i ll everyth ing on the backg round layer except t

text area.

Go to the Select menu show n in Figure 30 . The Inverse opt ion

chosen. The selection is now ready to f i ll w ith a color, or a patte

or even another scanned image (such as a scan of security safet

paper). Everything b ut the te xt area is now selected. For purpos

ofthis demonstration, the next step wil l define a safety paper

pattern an d f i ll the back ground layer using the current activeselect ion.




Or*>

O n * ) M O

^ Selection of a sample pattern area

[ Define the selection as a pattern j

P T U DEPARTMENT OF HEALTH

nJ" 61 10611

3 1 : Select ion used to define a p attern

C t k t

Fill option chosen J

«S is A TRUE COPY OR }}p V^B RECORD ON HLE !HSTATEOEPAKTMENT OF HEALTH j

^T AT E (REGISTRAR I

f - < ' ![ Selection inversed J 1

Bacl<groundlayer active

ju re 3 2 : Use the Edit me nu to launch the Fi ll dialog box

( Pattern Fill option chosen

ICERTiFVTHISiS ATRIMABSTRACT OP TXEPEC(THE HAWAII STATE DEP/

STATE I<EG|STT<AR

• E :

ig u re 3 3 : The Pattern op tion is used in the Fil l dialog box

Custom Pattern chosen

ICERTipyTHISIS ATRU |Af3StRACT0CTXEBEC( t»» D •THE HAWAII STATE OEPy ^

j r e 34 : The define d pattern chosen from Custom Pattern l ist

S a f e t y P a p e r C r e a t o o n

In a program such as Photoshop, a select ion can be f il led w ith a

sol id color o f choice, an image, or a pattern can also be defined a

f il l op t ion . I t shou ld be no ted tha t a ful l sheet of safety paper co u

have been scanned and used wi thou t go ing thro ugh steps to de

it as a pat tern — but a pattern can be easily defined fro m an exist i

image as an al ternative m etho d. Most l ikely, there was access to

a sample of safety paper wh en creating the Obama PDF. I t's notnecessary to reinvent the w hee l— the cu rrent Obama PDF f ile wi l

used as the source pattern for the purpose of this demonstrat ion

The Obama PDF is tem porar i ly ope ned in Figure 3 1 and a square

select ion is made to isolate a por t ion o ft h e p attern tha t wi l l t/7e

easi ly— which means that wh en the selected area is f il led repe at

next to each other, the pattern continues seamlessly—without a

noticeable disruptions in the pattern. With the select ion act ive, t

Def in e Pat te rn opt ion is se lected f rom the Edi t me nu.The Obam

PDF f i le is closed and no long er ne eded.

Back to the demo nstra t ion f i le show n in Figu re 32; w ith th e

Background selected as the ac t ive layer, the Fi l l op t ion is chosen

f rom the Ed i t menu .In the Fi ll dialog box, the Pa tte rn o ptio n fro m the Content l ist is

chosen in Figure 33.

The safety paper pattern defined earlier in Figure 31 is also chosen

the Fi ll dialog box in Fig ure 34. Click OK to co mp lete the effect.

The results in Figu re 35 show a sl ight wh ite halo outside th e text

In Figure 3 6— the Stamp Text layer's visibi l i ty is turn ed o ff , and t

ma rching ants are deselected (C tr l+D).Th e wh ite halo effect was

easily man ufacture d in less than a minute, in less t ime tha n i t too

read the exp lanat ion.

In summation, the securi ty paper background layer was added

as the last step to create the i l lusion of an imag e in wh ich text

was imp rinted on securi ty paper. However, the text had in fact

been placed and arranged on a sol id white ba ckgrou nd.This last

appl icat ion gives a created image th e false appearance of being

of f ic ia l docum ent .

I CERTIFY THIS IS A TRUECOPV ORABSTRACT OP TXE RECORD ONFILE INTHE HAWAII STATE OEPARTMENT OF HEALTH

STATE REGISTRAR

rET

1Bacl(g rou n

contains patter

F ig ur e 3 5 : The pattern f il ls the select ion area

(~Stamp Text visibility off

H I [ White halo effect f

F ig ur e 3 6: Turn off the text layer: Wh ite halo effect is display



BARACK OBAMA: LONG FOR M BIRTH CERTIFICATE

JTATE or HAWAII DCPAOTMIiHT Of HEALTHCERTIFICATE OF LIVE BIRTH A nr-MMm, o l. 1061 1

7^ c* i i /« n t . i > . » • ( T r v w »»tMt lb. MUaim ttmmm

OBAXA, J l

1 > "

Halo

1^1. t h U Q u t h

' :i^..a

Iônolulu

f | X . Ckild ttmtm lUnV 1 . ,

r *a r M x l M r d r j , v r K s ^ L w a

Honol t j lu

608$ I laLi i i i iaQaolf

Kiq»loJ. flni Hf lterr l ty tt Oynsool glcnJ ^"P ^ nl t ^ ' l J S

Oaho

• «< townlj Mil itmr mr Vntttgn Cmanv

Hotmlulu, KcwflH.

Y m t l o f I t f '

F orgot t o t u rn o f f a

shor t f o rm l ayer

25 |tenya, Eaa^ Afr ica yT J : l a l l M i M r H . ^ i r i i f W l U r h f F

I « a r . r W a i W t | I b . U m h f l m n ( M I M . I W H r c » . ( i

IS v?ichito> f-onnaa 1 T T 7 I n t r W O m p v i n .

IICPC

Ar r l cr .nK i n d W U u i n r H > r l a d u i l r r

Univoraity

t 4 . B » a l M n k c T

Coccp&ianUvFti^ Pn pi wj 17k. I.Ml U'artfil

U M * « B j p t a 4 b t L v J H r ( , J | , s i c nr t a t t W U c i l l u i r t

1.1 -.SI55IU . t M d k » t k U r i d n i i a « a r A l u i a l a a

F orgot t o t u rn o f f sa fe t y -paper

l ayer i n manufac tured shadow

Bac l cground co l o r

mag i ca l l y sh i f t s t o b l ue

APR I S so i l

I CE1T1Pf rwa t s A IRUE COPV 0 1* 1 3 1 I ; A C T C ? I X ^ RFCOROoii Fa n

57An; REOISTKAB

ig ur e 37 : Some extra reinnants visible in the AP version

W or HAWAII CERTIFICATE OF LIVE BIRTH DEPAHTMINT or HUUIH

,5, .61 10641

Ba ^ I . TVh mnh - V - ^ *. » Twja w T yc* . S.. ^ riîh t imf Ymr M . Uw r /

^ HiO a IfcmHlJ .TVtnD Tri,U.n| u G ' • l - J p 1 , J D I 'i ^ A t i g u g t 4 . 1 9 t l I I t H P . H .

Honolulu

:*• iopi jaljm i. Maternity £ DTTiccolo^^cal Hospital

BARACK

I k U U d l a K a a u

HUSBEaK

l r . C « l U i a *

OBAHA, I I

'mt Untheri atj,Tww

Honolulu

[ t A . I I W K I

Oalra_

f i n JaArlal rilMf<rt

L > . P

6085 Kols j i l anDcf^1, •«W«n<<lla«; IMni E n h a n c e m e n t a p p l i e d t o

d i sp l ay shor t f o rm e l ements

m km m m —

3 "• nT f . t i BHiibam m a.fana.er

25 Ecpyg, Eflflt A f r l o a r " Studoitr a i l N n a c m f K a l k f

gTAgiST AKH

W l c b l t a , ttgriBao ^"

nuQ - 8

r mf rnhtr

Ai'rJ.dcn

I ' t a, M k m f a r Ihlijad niln( • « A K r j d l M

31.. win tfC ' J * ^ •'•.|-,| Y f ^T ' r ^^ T |= f f ^^ K^3 ^4 ^^ j r MM J^ ] ^J | j ^ ^

gu re 3 8: Enhancement appl ied to easily see shor t form

The previous exercise demonstrated how the white halo could b

created, but there can be a mu l t i tu de of ways to accompl ish the

same task in a progra m such as Photoshop . Wh ether or n ot th e

exercise presented is the defini t ive method is nof the main poin

The exercise was presented as a possible solut ion to the que stio

How did the white halo get into the document? But actual ly, the o

quest ion that mat ters is: wh y is the whi te h a lo the re a t a l l? Any

off icial document obtained by legi t imate procedures and scann

wo uld no t have the whi te ha lo .

As previously stated, every anoma ly can be easi ly explained as a

manufactured doc ume nt . Not on ly does th is docu me nt d isp lay

attr ibutes that i t was completely manufactured digi tal ly, but the

is stron g ev idenc e th at a m aster fi le exists as a source fi le. Wha t

meant by a mas ter fi le? A mas ter fi le is a fi le in wh ich a ll the obje

stil l exist on separate layers (in other words, more layers and

inform ation than seen in the Obam a PDF sub-layers).

For exam ple, in the O bama PDF, the bottom layer contains the

background pat tern wi th some text e lements merged o nto

tha t layer. In the m aster fi le ve rsion , the te xt sti l l rem ains on a

separate layer—NOT m erged w ith th e bac kgrou nd layer. I t is

highly proba ble that this master f i le also contains the sh ort form

cert i f icate layers {which w ou ld exp lain the problem s seen in the

version of the file).

Figure 37 and Figure 38 dem onstra te that the AP version o f th

long form cert i f icate contains a di f ferent set of problems as fol lo

3 A sudden shif t to a di f ferent bac kgrou nd

3 Safety paper pattern in the shadow at the left ed ge — bu t no

the document background

3 Short form embedde d in to the pr in to ut— Figu re 38 is anenhanc ed version which al lows the detai ls to be seen more

easily

Once again, al l of these addit ional problem s displayed in the

AP version wo uld not occur i f th e source docume nt presented

to the AP had been a leg i t imate scanned docum ent wi th out

ma nipu lat ion. However, all three prob lems w ou ld easi ly be a res

o f a manu factured source f ile—in w hich layers from a master f ile

were turne d off or mistakenly left on.



Noonan e t a l . aga ins t Bowen e t a l . Case N o .34 -201 2-80 001 048

PAMELA BARNETT'S ALTERNA TIVE WR IT FOR A EXPEDITED HEAR ING ONTHE MERITS OF EVIDENCE AND FOR CONTINUANCE IN SCHEDULING I N

RESPONSE TO BARACK OBAMA , OBAMA FOR AMERICA DEMURRER TOPLAINTIFFS' PETITION FOR A WRIT OF MANDATE and RESTRAINT OF FUND

RAISING

Exhibit 5



^ T A T E OF HAWAII

L

CERTIFICATE OF LIVE BIRTH

151

D EPA R T M EN T OF H EA LT H

61 10611O i l l d ' * Fl "' N'me (Type or print)

BARACK

lb. Middle Nmme

HUSSEIN

lie. LaMl fimmc

OBAMA, I I

3. Th U Birth V ^ 4. If T w C a or Triplet,

Waa Child Bom

I M D 2ndD SrdD

u.BIrtb

Date

Month D . J Y e a r

{' Male S i o n l e E ? T w i n D T r i p l c l Q

4. If T w C a or Triplet,

Waa Child Bom

I M D 2ndD SrdD

u.BIrtb

DateAugust ^ . 1961

Konolulu

Name oi HoapllaS or Inctltutlon ( If nol In hoipltal or in itituti on, give itrcel addrcas)

Kapiolani Maternity & Gynecological Hospital

Tb. bland

Oahii

sC Hour /

7i2A POM.

Oahu6d. I l Place of Birth Intkla Qty or Town Umit.r

I f njk |iTe Judicial d i i l r i c l

Y e i E W o D

rg j^ Ufual Rctldenec of Mother: Ql y. Town or Rural Location

Honolulu

Tel County and State or Forcl|pi Country

Honolulu, HawaiiTe! Ia Reaidenee Inilde Qly or Town Umltitd. Street Addrcaa

6085 Kalanianaole Highway ir n.

Yea

>e judicial dialrici

j t r ' Mother'* Mailing Addreu

1

1

7g. I« ResUcnce on • Farm or Plantation f

Y..D NO09 >f 8., F'ull IVanie of Father

f"' BARACK HUSSEIN OBAMA9. Race of Falher

A f r i c a n • ' i

ClO. Age of Kether

; 25

11 . Birlhplore (fthnd, Sntt or Forattn Couniry)

tenya. East Africa r

12a. Usnal Occupation

Student12b. Kind of Buaineaa or Induslry

University :

f l 3 . Full Maiden Plame of Mother

STANLEY ANN DUNHAM

l i . Race of Mother

Caucaaian 'MS. Age of Mother

18

16a BIrthplaee (liland. S U M or Forcifn Counir}'

Wichita, t anaae

l^pe of' Occupation OutUdc Home During Prcgnancj

NoneUSa. ^Stgn^lure PareBg or Other Info rmant ^ ^

>^ '^^^ J:^ZZL^ ( ^ A ^

ITb. Date Laat Worked

I Bb . Date of SIfnaturecertify thai the above alaledIn/ormalion ia Irue and correct10 the beal of my knowledge.

Parent 0

Other

^ 3

I hereby eerilfy thai i h i * childwaa born alWc on lhe dale andhour Dated above.

I9a. Signature

•Attendanl

20. Dale Accepted by Local Reg.

AUG -8 19B121 . Signature of Local Regittrar

M.D,D.O.

M id w i f eOther

I9b, Dale of Si(nature

22 . accepted bjr Reg. General

23. Evidence fo r Delayed Rling or Alteration

APR 2 5.2011

I CERTIFY THIS IS A TRUE COPY OR

A B S T R A C T OP T X E R E C O R D ON F I L E IN

THE HAWAII STATE DEPARTMENT OF HEALTH

STATE REGISTRAR




PAMELA BARNETT'S ALTERN ATIVE WR IT FOR A EXPEDITED HEAR ING ONTHE MERITS OF EVIDENCE AND FOR CONTINUANCE IN SCHEDULING IN

RESPONSE TO BARACK OB AM A, OBAMA FOR AMER ICA DEMURRER TOPLAINTIFFS' PETITION FOR A WRIT OF MANDATE and RESTRAINT OF FUND

RAISING

Exhibit 6



Home • Briefing Room • Press Briefings

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Search W hiteHouse.gov Senrch

The White House

Office ofthe Press Secretary

For Immediate Release April 27, 2011

Press Gaggle by Press Secretary Jay Ca rney, 4/27/2011

J a m e s S . Brady Press Briefing Room

8:48 A.M. EDT

2012 STATE . . /> / f U N I O N

MR. CARNEY: Good morning, everybody. You can read the paperwork we just handed out in a minute. Let me

just get started. Thanl< you for coming this morning. I have with me today Dan Pteiffer, the President's Director of

Communications, as well asBob Bauer, the President's White House Counsel, who will have a few things tosay

about the documents we handed toyou today. And then we'll take your questions. I remind you this isoff camera

and only pen and pad, not for audio. And I give you Dan Pfeiffer.

MR. PFEIFFER: Thanks, Jay. What you have infront ofyou now is apacket of papers that includes the

President's long-form birth certificate from the state of Hawaii, the original birth certificate that the President

requested and we posted online in 2008, and then the correspondence between the President's counsel and the

Hawaii State Department of Health that led to the release ofthose documents.

If you would just give me aminute to -- indulge me a second to walk through a liltle of the history here, since all

of you weren't around in 2008 when we originally released the President's birth certificate, I will do that. And then

Bob Bauer will walk through the timeline ofhow we acquired these documents.

In 2008, inresponse tomedia inquiries, the President's campaign requested his birth certificate from the state of

B L O G POSTS ON T H I S ISSUE

March 11, 2012 8:04 PM EDT

Call wiXh President Karzai Following theReport of Afghan Civilian Casualties

President Obama reached

out toPresident Karzai

Sunday following the

reported killing and

sounding of Afghan

civilians.

March 11, 2012 9:00 AM EDT

From theArchives: Tsunami Ln Japan



Hawaii. We received that document; weposted it on the website. That document was then inspected by

independent fact checkers, who came to the campaign headquarters and inspected the document -- independent

fact checkers did, and declared that itwas proof positive that the President was born inHawaii.

A look back at the U.S. response tothe devastating

earthquake and tsunami that hit Japan inMarch of

2011.

To be clear, thedocument wepresented on the President's website in2008 ishis birlh certificate. It is thepiece

of paper that every Hawaiian receives when they contact the state to request abirth ceriificate. It is thebirth

certificate Ihey take to the Department of Motor Vehicles to get their driver's license and that they take to the federal

government to get their passport. It is the legally recognized document.

That essentially -- for those of you who followed the campaign closely know that solved the issue. We didn't

spend any time talking about this after that. There may have been some very fringe discussion out there, but as a

campaign issue itwas settled and itwa s --

0 When you posted this did you post the other side of it where thesignature is?

March 10, 2012 6:30 AM EDT

Weekly Address: Investing in a Clean

Energy Future

Speaking from a factory inVirginia, President

Obama talks about how companies arecreating

more jobs in the United States, making better

products than ever before, and how many are

developing new technologies that are reducing our

dependence on foreign oil and saving families

money at the pump.

MR. PFEIFFER: Yes. VIEW ALL RELATED B LOG POSTS

Q Because it is not here and that's been an issue.

MR. PFEIFFER: We posted both sides and when itwas looked at it was looked at by -- the fact checkers came

to headquarters and actually examined the document we had.

That settled the issue. In recent w eeks, the issue has risen again assome folks have begun raising aquestion

about the original -- about the long-form birth certificate you nowhave in front of you. And Bob will explain why -

the extraordinary steps we had lo take to receive that and the legal restraints that are inplace there.

But it became an issue again. And itwent to - essentially the discussion transcended from the nether regions of

the Internet into mainstream political debate in this country. It became something that when both Republicans and

Democrats were talking to the media they were asked about. It was aconstant discussion onmainstream news

organizations. And the President believed that itwas becoming adistraction from the major issues we're having in

this country.

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And he was particularly struck bythe fact that right afler the Republicans released their budget framework and

the Presidenl released his, wewere prepared tohave avery important, very vigorous debate in this country about

the future of the country, the direction we're going totake, how we're doing todeal with very important issues like

education. Medicare, how we're going todeal with taxes in this country. And that should - that's the debate we

should behaving yet.



Whal was really dominating a lot of discussion was this fake controversy, essentially, a sideshow, that was

distracting from this real issue. And an example of that would be when major Democrats and Republicans went o nto

mainstream news organizations to lalk about their budget plans - including the President - they were asked about

this. They were asked about what they thought about the controversy. They were asked if they believed the

President was born in the United States. And it was really a distraction .

That really struck the President, led him to ask his counsel to look into whether we could ask the state of Hawaii

lo release the long-form certificate, which is nol something they generally do. And he did that despite the fact that it

probably was not in his long-term - it would have been in his ~ probably in his long-term political interests to allow

this birther debate to dominate discussion in the Republican Party for months to come. But he thought even though

it might have been good politics, he thought it was bad for the country. And so he asked counsel to look into this.

And now I'll have Bob explain that, and then we'll take your questions.

MR. CARNEY: I just want to - sorry, I meant to mention at the top, as some of you may have seen, the

President will be coming to the briefing room at 9:45 a.m., making a brief statement aboul this - not taking

questions, but just wanted to let you know.

MR. PFEIFFER : And he will use this as an opportunity to make a larger point aboul what this debate says about

our politics.

Go ahead. Bob.

MR. BAUER : Early last week the decision wa s made to review the legal basis for seeking a waiver from the

longstanding prohibition in the state Department of Health on releasing the long-form birth certificate. And so we

undertook a legal analysis and determined a waiver request could be made that we had the grounds upon which to

make that request.

And by Thursday of last week, I spoke to private counsel to the President and asked her to contact the State

Department of Health and to have a conversation about any requirements, further requirements, that they thought

we had to satisfy to lodge that waiver request. She had that conversation with the state Department of Health on

Thursday ~ counsel in question is Judy Corley at the law firm of Perkins Coie, and you have a copy of the letter she

subsequently sent to the department with the President's written request.

The department outlined the requirements for the President to make this request. He signed a letter making that

request on Friday afternoon upon returning from the West Coast. And private counsel forwarded his written request

~ writte n, signed request - along with a letter from counsel, to the state Department of Health on Friday.



The department, as I understood it, afler reviewing the law and reviewing the grounds asserted in the request,

came to the conclusion that a waiver c ould be appropriately granted. We were advised that the long-form birth

certificale could be copied and made available to us as early as Monday, April 25th - the day before yesterday. And

we made arrangements for counsel to travel to Honolulu to pick it up and it was returned to the White House

yesterday afternoon.

Let me emphasize again, there is a specific statute that governs access to and inspection of vital records in the

state of Hawaii. The b irth certificate that we posted online is, in fact, and always has been, and remains, the legal

birth certificate of the President that would be used for all legal purposes that any resident of Hawaii would want to

use a birth certificate for.

However, there is legal authority in the department to make exceptions to the general policy on not releasing thelong-form birth certificate. The policy in question, by the way, on non-release has been in effect since the

mid-1980s, I understan d. So while I cannot tell you what the entire history of exceptions has been, it is a limited

one. This is one of very few that I understand have been granted for the reasons set out in private counsel's letter.

MR. PFEIFFER: We ll be happy to take some questions.

Q I guess I just want to make sure that we're clear on this. Even though this one says "certificate of live birth"

on here, this is different than the other certificate of live birth that we've seen?

MR. PFEIFFER : Yes. The secon d page there is the one that was posted on the Internet.

0 Okay.

MR. PFEIFF ER: And that is a copy of the one that has been kept at the Hawaii Department of Health.

Q Okay. And this is the one that would be referred to - that people have been asking for that is the birth

certificate?

MR. PFEIFFE R: They a re both ~ the second one is the birth certificate. The one on the top is whal is referred

to as the long-form birth certificate. As you can see - and Bob can walk you through it ~ it contains some additional

informalion that is not on the second page, which was the birth certificate which was released during the campaign.

If you could just explain the difference.



MR. BAUER: There's a difference between a certificate and a certification. The certification is simply a

verification of certain information that's in the original birth certificate. The birth certificate, as you can see, has

signatures at the bottom from the attending physician, the local registrar, who essentially oversees the maintenance

of the records. It contains some add itional information also - that is to say, the original birth certificate - it contains

some additional information like the ages of the parents, birthplaces, residence, street address, the name of the

hospital.

The core information that's required for legal purposes and that is put into the actual certification that's a

computer-generated document, which we posted in 2008, that information is abstracted, if you will, from the original

birth certificate, put into the computerized short-form certification, and made available to Hawaiian residents at their

request.

So the long form, which is a certificate, has more information, but the short form has the information that's legally

sufficient for all the relevant purposes.

Q This first one has never been released publicly, correct?

MR. BAUER: That's co rrect. It is in a bound volume in the records at the state Department of Health in Hawaii.

Q Bob, can you explain why President Obama let this drag on for four years? Was it Donald Trump that

prompted you to issue this?

MR. BAUER: I'l l let Da n -

MR. PFEIFFER: Sure.

Q I know you expected that questio n, right? (Laughter.)

MR. PFEIFFER: He even said you would be the one who would ask it. (Laughter.)

I don't think this dragged on for four years because this was a resolved ~ for those of you who remember the

campaign, this issue was resolved in 2008. And it has not been an issue, none of you have asked about it, called

about it, reported on it until the last few weeks.

And as I said earlier, it probably would have been - a lot of the pundits out there have ta lked about the fact that

this whole birther debate has been really bad for the Republican Party and would probably be good for the

President politically. But despite that, the President, as I said, was struck by how this was crowding out the debate.



particularly around the budget, on important issues, and was an example of the sort of sideshows that our politics

focuses on instead of the real challenges that we have to confront as a country.

And so that's why he made this decision now, because it became an issue that transcended sort of this ~ it

essentially was something that was talked about, as I said, from the nether regions of the Internet onto mainstream

network news casts. In fact. Jay has been asked about this just yesterday in this room.

Q So I guess the implication is that you did get political advantage by having not released this until today, over

the course of the last four years?

MR. PFEIFFER: There has been - no one that I can recall actually asked us to - we were asked lo release the

President's birth ceriificate in 2008. We did that. And then no one - it never ~ up until a few weeks ago, there wasnever an issue about that that wasn't the birth certificate from any credible individual or media outlet. And it hasn't

been unlil - I mean. Jay was asked about this yesterday -

0 When you say that, you mean certification - y ou released the certification?

MR. PFEIFFE R: When any Hawaiian wants - requests their birth certificate because they want to get a driver's

license, they want to get a passport, they do exactly what the President did in 2008. And that's what that is. And we

released that. And that's what any Haw aiian would do to release their birth certificate. And that was good enough

for everyone until very recently this became a question aga in. And so the President made this decision. He'll talk to

you more about his thinking on that.

Q And this is going to sound - I mean, you can just anticipate what people are going to - remain

unconv inced. They're going to say that this is just a photocopy of a piece of paper, you could have typed an ything

in there. Will the actual certificate be on display or viewable at any - (laughter.)

Q Will the President be holding it?

MR. PFEIFFER: He will not, and I will not leave it here for him to do so. But it will - the State Department of

Health in Hawaii will obviously attest that that is a - what they have on file. As Bob said, it's in a book in Hawaii.

MR. BAUER : And you'll see the letter from the director of the Health Department that states that she oversaw

the copy and is attesting to -

Q But do you understand that this could quiet the conspiracy theorists?



MR. PFE IFFER: There will always be some selection of people who will believe something, and that's not the

issue. The issue is that this is not a discussion that is just happening among con spiracy theorists . It's happening

here in this room; it's happening on all of the network s. And it's something that, as I said, every major political figure

of both parties who's actually ou l trying to talk about real issues is asked about this by the media. And so the

President decided to release this. And I'll leave it to others to decide whelher there 's still - there will be some who

still have a different - have a conspiracy about this.

Q You've got two certified copies, according to this study. You have these physical -

MR. PFEIFFER: Yes. I showed you one. Just one.

0 You showed us a photocopy of one.

MR. PFEIFFER: N o, I showed you -

0 Does that have a stamp?

MR. PFE IFFER: It has a seal on it.

0 Why does this rise to the level of a presidential statement?

MR. PFEIFFE R: The President ~ this in itself - when you hear the President I think you'll understand the point

he's making. That will be in not too long.

0 Did the President change his own mind about this? In other words, was he advocating during the campaign

let's just put it out there and get it over with, or was this an internal shift in thinking based ~ in other words, was it

the President who steadfastly during the campaign said this is ridiculous, I don't want to give this any more ground,

and has now changed his mind? Or is this the -

MR. PFEIFFE R: Let's be very clear. You were there for the campaign. There was never a question about the

original birth certificate during the campaign. It was a settled issue. I was there for the original decision to release

the birth certificate. I was there when we posted it online. I'm not sure I even knew there was an original one that

was different than the one we posted online because it wasn't an issue. So it wasn't like - let's be very clear. We

were asked for the President's birth certificate In 2008; we released the President's birth certificate; and it was

done. That was it.



And so there hasn't been a discussion about this other document for years. It's only been in the last few weeks.

And so to your second qu estion, the President decided to do this and he'll talk about this when he gets here -

decided to do it at the timeline that Bob laid out because it was a - this was a sideshow that was distracting from

the real challenges that we're facing.

It's not just a sideshow for him; it's a sideshow for our entire politics that have become focused on this.

0 Not to give Donald Trump more publicity than he has, but is he the person who sort of - sort of that bridge

between what you're calling a fringe and the mainstream? Do you think that he's the reason why this tripped the

switch to a level where you now have to deal with something you thought was dealt with?

MR. PFEIFF ER: It's not for me to say why mainstream media organizations began to cover this debate. They 'llhave to answer that for themselves.

0 How concerned were you about running against Donald Trump in a general election?

MR. PFEIF FER: I'd refer any questions on the election to the campaign.

0 Can you address the reports of Petraeus to the CIA and DOD -

MR. PFEIFFER : You get points for that, Carol. (Laughter.)

MR. CARNEY: Yes. I don't have - but you'll be disappointed to learn that I don't have a personnel

announcement for you. The President will be addressing this - questions about personnel tomorrow.

Q Dan, was there a debate about whether or not this deserved being discussed by the White House, whether

or not ~ and I'm going back to the birth certificate. I lose points, I undersiand. But was there debate about whelher

or not this was worthy of the White House?

MR. PF EIFFER: The point I'd make is that we weren't the ones who ~ w e're not the first ones to bring this up in

this room. Jay has been asked questions about this; the President has been asked about it in media interviews.

And so that wasn't a decision that we made, and the President made the decision to do this and he made the

decision to - and when he comes dow n here this morning he'll talk to you about why he thinks there's an important

point to be made here.

Q Getting back to the personnel announcements, does the President understand that these announceme nts

have been made and sourced satisfactorily for most news organizations before he speaks up and he's not letting his



White House corroborate?

MR. CARNEY: I don't have a comment on that for you. Bill. (Laughter.)

Q I mean, this is such BS. It's all out there and you guys are ~ okay, the President is going to talk about this

tomorrow so we can't say anything.

MR. CARNEY: Bill, you're free to make phone calls everywhere you can. I'm just saying that we don't have a

personnel announcement for you today.

0 And he'll tomorrow, he'll cover all the aforementioned switches?

MR. CARNEY: We'll have a personnel announcement tomorrow.

0 Jay, yesterday you talked about failsafe triggers as sort of a posilive alternative to spending cuts. I'm

wondering if the White House has any openness to including that, because it's a White House proposal, including

that in any legislation that would raise the debt ceiling limit.

MR. CARNEY: We ll, what we've said very clearly, and I think Secretary Geithner said it eloquently yesterday, it

is a dangerous, risky idea to hold hostage any other - hold hostage, rather, raising the debt ceiling, a vote on

raising the debt ceiling, to any other piece of legislation. The com mitment this President has to moving aggressively

towards a comprehensive de ficit reduction plan is clear. It will be clear again when the Vice President convenes a

meeting, bipartisan, bicameral meeting, next week. And he hopes that progress will be made on that very quickly.

In terms of negotiating what that would look like, I think the negotiators should do that, led by the Vice President,

Republicans and Dem ocrats together. But again, explicitly linking or holding hostage the absolute necessity of

raising the debt ceiling lo any olher piece of legislation and declaring that we'll tank the U.S. economy and perhaps

the global economy if we don't get this specific thing that we want, I think is a dangerous and unprecedented thing to

do .

And we're confident, remain confident, that the leaders of both parties in Congress, as well as the President, will

agree with the President, as I have said many times, that we do not have an alternative to raising the debt ceiling

because, as many have said, outside observers, economists and businessmen and women, the impact of that would

be calamitous at best.

Q So even though it's your own proposal that you guys endorsed you do nl want to see it as part of the final



package?

MR. CARNEY: I'm not negotiating individual pieces of a package that we hope Republicans and D emocrats can

come together around from this podium. But again, we believe it's essential to - the President believes - that's one

of the reasons why we're doing this right now - we believe that these are big debates that need to be had. They

can be contentious, argumentative, serious, comprehensive, detailed, because they're important; they're all about

America's future. And they're about visions of this country and where we're going that need to be debated. And this

debate was being crowded out in many ways by a sideshow.

And he looks forward lo having a debate on the real issues that Americans want us to talk about - long-term

economic plans, deficit reduction, investments in the kinds of things that will help this economy grow and create

jobs, dealing with our energy needs, a long-term energy plan. These are all issues that have been sidetracked at

least in the public debate by some of the issues that we're talking about this morning.

0 Is there a concern that more and more people were actually starting to believe its sideshow - I mean,

people have been asking about ~

MR. CARNEY: I will let the President speak for himself, but what Dan was saying and I think is importanl is that

the issue here is that the President feels that this was bad for the country; that it's not healthy for our political

debate, when we have so many important issues that Americans care about, that affect their lives, to be drawn inlo

sideshows aboul fallacies that have been disproven with the full weight of a legal document for several years.

So , again, as Dan said, and a lot of political pundits have said, you could say that il would be good politics,

smart politics, for the President to let this play out. He cares more about what's good for the country. He wants the

debate on the issues. He wants the focus on the issues that Americans care about.

Q Jay, the President yesterday said that he had been talking to oil exporters about increasing output. Whospecifically has he been talking -

MR. CARNEY: Well, I said - I want to clarify. I said several times I believe from this podium when asked

questions about our overall handling of the issue of high gas prices that we've had conversations wilh oil-producing

states and allies and those conversations continue. I don't have specific "the President spoke with this leader or

other government officials spoke with others," but those are ongoing conversations that, of course, we would be

having in a situation like this.

Q Do you guys have any comment on the NATO soldiers that were killed in Afghanistan and any confirmation

on whether there were Americans?



MR. CARNEY: I don't have anything for you on that this morning.

Q Just quickly, back on the birth certificate, yesterday you said this was a settled issue. So ~

MR. CARNEY: Well, as Dan said, again, it has been a settled issue.

MR. PFEIFFER: From a factual point of view, it's absolutely a settled issue. But the fact that it was a settled:

issue did not keep it from becoming a major part of the political discussion in this town for the last several weeks;

;here." So there's absolutely no question that what the Presidenl released in 2008 w as his birth certificate and;

answered that question, and many of your organizations have done excellent reporting which proved that to be the

case. Bul it conlinued; the President thought it was a sideshow and chose to take this step today for the reasons!,

Bob laid out;

Q Aside from the policy distractions that was presented, did you have some concern because it was sort of

reaching back into the mainstream news coverage that this could become a factor in the 2012 election with centrist

voters?

MR. PFEIFFER: No.

Q Just to clarify what this document is -

MR. PFEIFFER : This is the - the letter first and the two certified copies - this is one of those. This is the same

thing you have a copy of as the first page of your packet.

Q How did it get here?

MR. PFEIFFER: As Bob said, it arrived by plane - the President's personal counse l went to Hawaii and brought

it back and we got it last night.

Q Last night?

MR. PFEIFFER: Last night.

0 What time?

MR. PFEIFFER: Between 4:00 p.m. and 5:00 p.m.



Q When did you decide to do this gaggle?

MR. PFEIFFER: What's that?

0 When was this gaggle put on - w hen was this planned?

MR. PFEIFFER: Whatever time you received your guidance suggesting that it would be "this time tomorrow

morning."

Q Are these letters supposed to demonstrate the legal steps that were involved in releasing it to the While

House counsel?

MR. BAUER: The letters that you have, the personal request from the President, along with the accom panying

letter from private counsel, is merely meant to document the legal path to getting the waiver of that policy so we

could get the long-form certificate.

0 The waiver of Hawaii state government policy?

MR. BAUER: Right. The non-release of the long-form certificate, which has been in effect since the 1980s - a

natural question would have been, well, what did you do to obtain the waiver, and those letters represent the

request.

Q Well, isn't it true that anybody who was born in Hawaii can write this letter? I mean, that's all there is to the

waiver process?

MR. BAUER : No. Let me just explain once again because I also noticed, by the way, in one report already the

wrong certificate was actually posted on the webs ite. The certificate with the signatures at the bottom - and that's a

key difference between the short form and the long form - the long form has signatures at the bottom from the

attending physician, the local registrar, and the mother, is the original birth certificate, which sits in a bound volume

in the State Department of Health.

The short from is a computerized abstract, and that's the legal birth certificate we requested in 2008 and that

Hawaiians are entilled to. Since the mid-1980s, the State Department of Health, for administrative reasons, only

provides to people who request their birth certificate the short form. They do not provide the long form.

So in order for us to obtain the long form, we had to have a waiver. We had to actually determine that there was



a legal basis for providing it, and then ask them to exercise their authority to provide us with the long form. The

steps required to accomplish that were a letter from the person with the direct and vital interest - the President ~ so

you have a letter from the President, and then there was an accompanying letter from counsel basically formalizing

the request. So the reason we included that is that those were legal steps we took to obtain the long form by way of

this waiver.

Q Do we have the letter from the President -

MR. BAUER : It's in the packet.

0 And you went to Hawaii?

;MR. BAUER: I did not go to Hawaii. The counsel, Judy Corley, who signed the ~ the President's personal;

counsel at Perkins Co ie, Judy Corley, whose letter - signed letter of request is in your packet, traveled to Honolulu;

;and picked up the birth certificate^

0 A question on the situation regarding the Defense of Marriage Act. Yesterday Attorney General Eric Holder

rejected attacks on Paul Clement, who is taking up defense of the statute on behalf of the U.S. H ouse. Paul

Clement has taken a lot of heat from the LGBT community for volunteering to take up defense of DO MA Eric

Holder said, "Paul Clement is a great lawyer and has done a lot of really great things for this nation. In taking on the

representation - representing Congress in connection with DOM A I think he is doing that which lawyers do when

we're at our best. That criticism I think was very misplaced ." And Holder went on to compare the criticism of

Clement to attacks on the Justice D epartment lawyers for their past for detainees at Guantanamo Bay. Does the

President share Eric Holder's views on this?

MR. CARNEY: We do share Eric Holder's views on this. We think - as we said from the beginning when we

talked about ~ wh en I did from this podium - about the decision no longer from the administration to defend theDefense of Marriage Act, that we would support efforts by Congress if they so chose to defend it. And so I have

nothing to add to the Attorney General's comments.

Q Following Monday's Af-Pak Situation Room meeting, what is the President's assessment of the situation in

Afghanistan and Pakistan? And does he think that July drawdow n is still on?

MR. CARNEY: The Pres ident's policy, which included the beginning of a transition - beginning of a drawdown

of American troops, is absolutely still on track. I don't have anything additionally from the meeting yesterday beyond

what we've said. But the policy remains as it was.



MR. EARNE ST: Jay, we should wrap it up here.

MR. CARNEY: Yes. Lasl one, yes.

Q Given the comments of the Pakistani official quoted in the Wall Street Journal, is Pakistan still a U.S. ally,

and to what extent?

MR. CARN EY: Pakistan is still a U.S. ally.

Thanks.

END 9:18 A.M. EDT



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USAgov I Subscribe to RSS Feeds | Apply lor a Job



Noonan e t aL aga ins t Bowen e t aL Case No .34 - 201 2-80 001 048

PAMELA BARNETT'S ALTERN ATIVE WR IT FOR A EXPEDITED HEAR ING ONTHE MERITS OF EVIDENCE AND FOR CONTINUANCE IN SCHEDULING I N


RAISING

Exhibit 7



CERTIFICATION OF UVE BIRTH

STATE OF HAWAII

HONOLULU

CIOID'S NAf4E

BARACK HUSSE IN OBA»A.A I

OATE Of BIRTH

AjjgusM, 1961CrtY, TOVW OR LOCATIOM OF BIRTH

HONOLULU

; ua i HB ^ l S hU lOEH NAME

STANLEY ANN DUNHAM

DEPARTMENT OF HEALTH

HAWAII U.S.A.

C E R T I F I C A T E N O . H

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7:24 PMISLAND Of BIRTH

OAHU

SEX

co«jN-rYciP(uRrH

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; uaTH£.R'S RACE

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BARACK HUSSEIN OBAAtA

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ANY ALTER ATIONS INVALIDAT E TIHIS CERTIFICATE



Home • Articles • Born in the U.S.A.

Born in the U.S.A.The truth about Obama's birth certif icate.

Posted on August 21, 2008 , LIpdated on N ove mb erl, 2008; April 27, 2011

f3 SHBRE n^.S_]

S u m m a r y

In June, the Obama campaign released a digitally scanned image of his birth certificate to quell speculative charges that

he might not be a natural-born citizen. But the image prompted more blog-based skepticism about the document's

authenticity. And recently, author Jerome Corsi, whose book attacks Obama, said in a TV interview that the birth

certificate the campaign has is "fake."

We beg to differ. FactCheck.org staffers have now seen, touched, examined and photographed the original birth

certificate. We conclude that it meets all of the requirements from the State Department for proving U.S. citizenship.

Claims that the document lacks a raised seal or a signature are false. We have posted high-resolution photographs of

the document as "supporting documents" to this article. Our conclusion: Obama was born in the U.S.A. just as he has

always said.

Update, Nov. 1: The director of Hawaii's D epartment of Health confirmed Oct. 31 that O bama was born in Honolulu.

A n a l y s i s

Update Nov. 1: The Associated Press quoted Ch iyome Fukino as saying that both she and the registrar of vital

statistics, Alvin O naka, have persona lly verified that the health dep artment ho lds Oba ma's original birth certificate.

Fukino also was quoted by several other news organizations. The Honolulu Advertiser quoted Fukino as saying the

agency had been bombarded by requests, and that the registrar of statistics had even been called in at home in the

middle of the night.

; Honolulu Advertiser, Nov. 1 2008: "This has gotten ridiculous," state health director Dr. Chiyome Fukino said yesterday.

"There OTQ plenty of olher, imponani things to focus on, like the economy, taxes, energy.". . . Will this be enough to quiet

the doubters? "1 hope so," Fukino said. "We need to get some work done."

Fukino said she has "personally seen and verified that the Hawaii State Department of Health has Sen. Obama's

original birth certificate on record in accordan ce with state policies a nd procedure s."

Update, April 27, 2011: The White House released the long-form version of President Barack Obama's birth

certificate, confirming (yet again) that he wa s born in the U nited States. Th e Haw aii Departmen t of Health m ade an

exception in Obam a's case and issued cop ies of the "C ertificate of Live Birth."

Since we first wrote about Obama's birth certificate on June 16, speculation on his citizenship has continued apace.

Some claim that Obama posted a fake birth certificate to his Web page. That charge leaped from the blogosphere to

the mainstream media earlier this week when Jerome Corsi, author of a book attacking Obama, repeated the claim in

an Aug. 15 interview with Steve Doocy on Fox News.

Corsi: Well, what would be really helpful is if .Senator Obama would release primary documents like his birth certificate.

The campaign has a false, fake birth ceriificateposted on their websile. How is anybody supposed to really piece together

his life?

Doocy: What do you mean they have a "false birth ceriificate" on iheir Web site?

Corsi: The original birlh certificate of Obama has never been released, and the campaign refuses lo release i l .



Doocy: Well, couldn't i l just be a State of Hawaii-produced duplicate?

Corsi: No, it's a — there's been good analysis of i l on the Internet, and it's been shown to have watermarks from

Photoshop. It's a fake document that's on the Web sile righl now, and the original birth certificate the campaign refuses lo

produce.

Corsi isn't theonly skeptic claiming that thedocument is a forgery. Among the most frequent ob jections wesaw on

forums, blogs ande-mails are:

• Thebirth certificate doesn't have a raised seal.

• It isn't signed.

• Nocreases from folding areevident in the scanned version.

• In the zoomed-in view, there's astrange halo around the letters.

• Thecertificate number isblacked out.

• Thedate bleeding through from theback seems to say "2007," but thedocument wasn't released until 2008.

• Thedocument is a "certification of birth," not a "certificate of birth."

Recently FactCheck representatives got achance tospend some time with the birth certificate, and wecan attest to the

fact that it is real and three-dimensional and resides at theObama headquarters inChicago. We can assure readers

that the certificate does bear a raised seal, and that it's stamped on the back by Hawaii state registrar Alvin T. Onaka

(who uses a signature stamp rather than signing individual birth certificates). Weeven brought home a few

photographs.

The Obama birth certificate, held by FactCheck writer Joe M iller

Alvin T. Onaka's signature stamp



The raised seal

HQimBlowup of text

You can click on the photos to get full-size versions, which haven't been edited in any way, except that some have been

rotated 90 degrees for viewing pu rposes.

The certificate has all the elements the State Department requires for proving citizenship to obtain a U.S. passport:

"your full name, the full name of your parent(s), date and place of birth, sex, date the birth record was filed, and the seal

or other certification of the official custodian of such records." The names, date and place of birth, and filing date are all

evident on the scanned version, and you can see the seal above.

The document is a "certification of birth," also known as a short-form birth certificate. The long form is drawn up by the

hospital and includes ad ditional information such as birth w eight and parents' hometown s. The short form is printed by

the state and draws from a database with fewer details. The Hawaii Department of Health's birth record request form

does not give the option to request a photocopy of your long-form birth certificate, but their short form has enough

information to be acceptable to the State Department. We tried to ask the Hawaii DOH why they only offer the short

form, among other questions, but they have not given a response.

The scan released by the camp aign shows halos around the black text, making it look (to some) as though the text

might have been pasted on top of an image of security paper. But the docu ment itself has no such h alos, nor do the

close-up photos we took of it. We conclude that the halo seen in the image produced by the campaign is a digital

artifact from the scanning process.

We asked the O bam a campaign about the date stamp and the b lacked-out certificate number. The certificate is

stamped Ju ne 2 007 , because that's when Hawaii officials produced it for the cam paign, which requested that d ocumen t

and "all the records we could get our hands on" according to spokesperson S hauna Daly. The campa ign didn't release

its copy until 200 8, after speculation began to appear on the Internet questioning O bama's citizenship. The cam paign

then rushed to release the docum ent, and the rush is responsible for the blacked-out certificate n umber. Says Shaun a:

"[We] couldn't get someone on the phone in Hawaii to tell us whether the num ber represented some secret information,

and we erred on the side of blacking it out. Since then we've found out it's pretty irrelevant for the outside world." The

document we looked at did have a certificate number; it is 151 1961 - 010641.



0 , = p A R T M t : N T O . ^ H C A C - r H

H A W A I I U t> A

Blowup of certificate number

Some of the conspiracy theories that have circulated about Obama are quite imaginative. One conservative blogger

suggested that the campaign might have obtained a valid Hawaii birth certificate, soaked it in solvent, then reprinted it

with Obama's information. Of course, this anonymous blogger didn't have access to the actual document and presentsthis as just one possible "scenario" without any evidence that such a thing actually happened or is even feasible.

We also note that so far none of those questioning the authenticity of the document have produced a shred of evidence

that the information on it is incorrect. Instead, some speculate that somehow, maybe, he was born in another country

and doesn't meet the Constitution's requirement that the president be a "natural-born citizen."

We think our colleagues at PolitiFact.com, who also dug into some of these loopy theories put it pretty well: "It is

possible that Obama conspired his way to the precipice of the world's biggest job, involving a vast network of people

and government agencies over decades of lies. Anything's possible. But step back and look at the overwhelming

evidence to the contrary and your sense of what's reasonable has to take over."

In fact, the conspiracy w ould need to be even deeper th an our c olleagues rea lized. In late July, a researcher looking todig up dirt on Obama instead found a birth announcement that had been published in the Honolulu Advertiser on

Sunday, A ug. 13, 196 1:

Kalapu St., Ewa De.ich, Bvit]davg hter, Al>9. ;S.

.Mr. and W rj .. Barack: H. O bjm a.a m Ka l jn l jn jol c H\v> ,, icn . Au( i .

Mr. and A\r j . Norman Ai lna, IMSAn.l Anliiu St...'son, Av/fl. 4.

Mr. ond f.Kri. Andrew. A. A\.'

Obama's birth announcem ent

A lli<

, SI

Fr^

The announcement was posted by a pro-Hillary Clinton blogger who grudgingly concluded that Obama "likely" was

born Aug . 4, 1961 in Honolulu.Of course, it's distantly possible that Obama's grandparents may have planted the announcement just in case their

grandson needed to prove his U.S. citizenship in order to run for president someday. We suggest that those who

choose to go down that path should first equip themselves with a high-quality tinfoil hat. The evidence is clear: Barack

Obam a was born in the U.S.A.

Update, August 26: We received responses to some of our questions from the Hawaii Department of Health. They

couldn t tell us anything a bout their security paper, bu t they did answe r another frequently-raised question: why is

Obam a's father's race listed as "African"? Kurt Tsue at the DOH told us that father's race and mother^ race are

supplied b y the parents, and that "we accept wha t the parents self identify them selves to be." W e consider it



reasona ble to believe that Barack Ob ama , Sr, wou ld have thoug ht of and reported him self as "African." It's certainly

not the slam dunk some readers have m ade it out to be.

When we as ked about the security borders, which look different from some other examples of H awaii certifications of

live birth, Kurt said "The borders are gen erated eac h time a certified copy is printed. A citation loca ted on the b ottom

left hand corner of the certificate indicates which date the form was re vised ." He also confirmed that the information

in the short form birth certificate is sufficient to prove citizenship for "all reasonable purp oses ."

- by Jess Henig, with Joe Miller

S o u r c e s

United States Department of State. "Application for a U.S. Passport." Accessed 20 A ug. 200 8.

State of Hawaii Department of Health. "Request for Certified Copy of Birth Record." Accessed 20 Aug. 2008.

Hollyfield, Amy. "Obama's Birth Certificate: Final Chapter." Politifact.com. 27 Jun. 2008.

The Associated Press. "State declares Obam a birth certificate gen uine" 31 Oct 2008.

Nakaso, Dan. "Obama's certificate of birth OK, state says; Health director issues voucher in response to 'ridiculous'

barrage" Honolulu Advertiser 1 Nov 2008.

POSTED BY JESS HENIG ON THURSDAY, AUGUST 21, 2008 AT 2:44 I 'M V \UID UND ER AR'I ICLES. TAGGE D WITH BARACK O BAM A. HIRTH CER TlPICArE .



Qualifications

Who's checking up on officeholder eligibility? Find out here

Home » Activism, Eligibility, New Hampshire, POTUS

Eligibility Update: FactCheck.org Doesn't Do Forensics; N HSoS andCertificates; British Policeman on Eligibility

Submitted by Phil on Tue, Nov 24, 2009472 Comments

TheObamaFile reports on what readers here have seen me promulgate all along regarding the

FactCheck.org blog's credentials on making any sort of forensic document detemiination R.E: Mr.

Obama's Hawaiian Certification of Live Birth — they don't have the right background (update: see

bios here):

FactCheck.org identifies their anal-ists as Jess Henig and Joe Miller. OK, that's fine, but

who and what are Jess Henig and Joe Miller? Are they qualified to perform an analysis

of ANY document, or are they just a couple of guys hanging around FactCheck.org's

office, or are they political operators? What are their bona fides? FactCheck.org doesn't

say. Wonder why?

Well, I found out. The two FactCheck.org employees who were granted access to

Obama's bogus Certification of Live Birth (COLB) are NOT document examiners or

experts. Joe Miller has a Ph. D. in Political Philosophy — so he's a political operative —

while Jess Henig has an M.A. in English Literature — I'm not sure her dye-job is a

political or esthetic statement.

They are a couple of partisan Obots —just what you'd expect — Jess took the photos

presented on their webpage and did all of the writing, while Bob basically held the COLB

open for Jess to photograph — suitable work for a Ph. D.



Those two are completely unqualified to perform any kind of forensic examination ofany

document, and FactCheck.org knows it — and so do Henig and Miller.

FactCheck does say their, "representatives got a chance to spend some time with the

'birth certificate,' and we can attest to the fact that it is real and three-dimensional and

resides at the Obama headquarters in Chicago." In my mind, that clearly shows they

were working with and for the Obama Campaign and that Obama and his people are

involved in this lie.

Again, as I've said before, these individuals may be very well credentialed in their chosen fields, but

it hardly seems fitting that individuals who are not trained in the science of document forensics —

like four otherwise credentialed examiners have been — could possibly have a trained opinion of the

document's legitimacy.

Further, as certain opposition commenters have pointed out many times over, the page that allegedly

speaks to the authenticity of the document can lead the casual observer to believe that quotes from the

HI Department of Health are directly related to the certification allegedly on hand withFactCheck.org. This is very much of a conclusory lead, as the HI DoH has never made any direct

connection between what they have on file versus what FactCheck.org claims to have on hand. There

is no receipt ofany such transaction ever having occurred back in 2007 and nobody but the above two

individuals have come forward to actually physically handle the document (regardless of

FactCheck.org's supposed willingness to allow such an inspection).

Remember — this is the only direct evidence that has ever been claimed to be originally sourced to

speak on anything regarding Mr. Obama's background. And even this is hardly a direct source; it is a

"short-form" version of a "long-form" birth certificatethat could verywell indicate a birth registration

of an immigrant (see Sun Yat-sen for such an example).

Following up on a story conceming New Hampshire State Rep. Lawrence Rappaport inquiring withthe Secretary of State regarding Mr. Obama's legitimate candidacy on the ballot in the State, The Post

& Email reports on some additional details:

In an email to supporters, Rappaport reports what transpired:

"Well, here's the sad news. Representative Vita, her husband and I met with

New Hampshire Attomey General Michael Delaney and his assistant

yesterday

(Friday) at 10 am. We wanted an investigation for potential fraud on either

Obama or the Democratic Partly based mostly on our contention that since

Obama ran for President in New Hampshire when we believe he was not

eligible, we believe fraudwas committed on the citizens of New Hampshire.

We based our suspicions and allegations on:





RESPONSE TO BARACK OB AM A, OBAMA FOR AMERICA DEMURRER TOPLAINTIFFS' PETITION FOR A WRIT OF MANDATE and RESTRAINT OF FUND

RAISING

Exhibit 8



United States Depaitment of State

Washington, D.C. 20520

T)EC 10CaseNo.: 200900535

Segment: PPT

Ms. Pamela Barnett

2541 Wan-ego Way

Sacramento, CA95826

Dear Ms. Bamett:

I refer to your request letter we received on January 2, 2009 under the Freedom

of Infomnation A ct (Title 5 USC Section 552) for a copy of documents relating

to Stanley A nn Dunham. We initiated a search of the Office o f Passport

Services.

The search of the records of the Office of Passport Services has been

completed and has resulted in the retrieval of six documents that are responsive

to your request. These documents have been reviewed and the results are set

forth in the accompanying letter (with enclosures) of Jonathan M . Rolbin,

Director.

We have now completed the processing of your request. I f you have anyquestions with respect to our handling of your case, you may write to the

Office of Information Programs and Services, SA-2, Department of State,

Washington, D.C. 20522-8100. Please be sure to refer to the case number

shown above in all correspondence about this case.

We hope that the Department has been of service to you in this matter.

^Sincerely,

Alex Galovich, Co-Director, Acting

Office of Information Programs and Sei-vices

Enclosures:

As stated



United States Department of State

'^^^^ Washington, D.C. 20520

\ s 2010

In reply refer to:CA/PPT/L /LE - Case Control Number: 200900535

Pamela Bamett

2541 Warrego Way

Sacramento, CA 95826

Dear Ms. Bamett:

The following is in response to your request to the Department of

State dated January 2, 2009, requesting the release of material under the

provisions of the Freedom of Infonnation Act (5 U.S .C . § 552).

We have completed a search for records responsive to your request.

The search resulted in the retrieval of six documents that are responsive to

your request. After careful review of these documents, we have determined

that that all six documents may be released in full.

We did not locate a 1965 passport application referenced in anapplication for amendment of passport that is included in the released

documents. Many passport applications and other non-vital records from

that period were destroyed during the 1980s in accordance with guidance

from the General Services Administration.

Passport records typically consist of applications for United States

passports and supporting evidence of United Statescitizenship. Passport

records do not include evidence of travel such as entrance/exit stamps, visas,

residence permits, etc. since this information is entered into the passport

book after issuance.



-2-

This completes the processing of your request.

ngerely.

Jonathan M. Rolbin, Director

Office of Legal Affairs'and Law Enforcement Liaison

Bureau of Consular Affairs

Passport Services

Enclosure:

As stated



F OR M t t f E O a - J C - . E - a U R g J > U NO . • I7.R35^.3

D E P A R T M E K C OF S T A T E

APPLICATION FOR AMENDMENT OF PASSPORT

I N S T R U C T I O N S : A l l r e q u e s t s (or i n c l u s i o n of p e r s o n s m u s t bc s w o r n to (or a f f i r m e d ) bef o ro on A g e n t of the D e p o r t m e n t of Sta te or Cler ic of C o u r t . P h o t o g r a p h s , w h i c h m ee t (hor e q u i r e m e n t s b e t o w , and e v i d e n c o of c i t i z e n s h i p m u s t be s u b m i t t e d for alt p e r s o n s to bei n c l u d e d by t h i s a m e n d m e n t . If s u c h p e r s o n s h o v o hod, or b e e n i n c l u d e d In, o p r e v i o u s

- p o s s p o r t , it s h o u l d be s u b m i t t e d I n s t o c W of o t h e r d o c u m e n t s , and S e c t i o n G c o m p l e t e d .

^ P a s s p o r t O f f i c e Use O n l y )

A m e n d as s h o w n In s e c t i o n :

• B n o (s E

I' ] Add v i s o p o g e s .

D

PASSPORT NO. OF A P P L I C A N T • A T E I SS U ED B I R T H C e R T I F I C A T E ( S ) S E EN

CHIUOtREN)*S

P I L E D SR CR C I T Y

(WIFE' S) (HUSOANO' SI

P I L e O SH CR C I T V

M A R R I A C B C G R T .

D f l 5 .1 P

N A T 2 - N . C S R T .

r~ l 3 a R1 1 O T H E R

IN CARE OP

( P L E A S E P R I H T N A M c IN F U L L I(Ffrst nome) (Middle name) (Laat name)

o f rhe U n i t e d S t a t e s , do h ^ i x b y r e q u e s t t h a t my p a s s p o r t , w h i c h is e n c l o s e d , bo e m e n d e d os

i n d i c a t e d b e l o w .

oCm

z

mo

r

•C

r

I N C L U D E MY C H I L D ( R E N ) , AS F O L L O W S : ( A l s o c o m p l e t e S o c i i o n H if c h i l < l ( r e n ) o c q u i r o dc i t i z e n s h i p by n o t u r o l i i o t i o n , and h o v e not hod a p r e v i o u s p o s s p o r t . )

NAME IN F U L LPLACE OF BIRTH (Clly, State}

O A T E OF B I R T H

I N C L U D E MY ( W I F E ) ( H U S B A N D ) , AS F O L L O W S : ( A l s o c o m p l e t e S e c t i o n H i( ( w i l e )( h u s b a n d ) n c q u i r o d c i t i z e n s h i p by n a t u r a l i s a t i o H f o n d / o r S e c r i o n I If w i f e was p r e v i o u s l ym o r r l e d b e f o r e M o r c h 3, 1 9 3 1 . )

(WIFE-SI (HUSBAN O' S l FU LL LEG AL NAME

D A T E OF B I R T H

P L A C E OF B I R T H f O l y , S r or e )

O A T E OF M A R R I A G E

( P h o t o r e q u i r e m e n t s for i n c l u s i o n )

S T A P L E ONE P H O T O H E R ED O NOT MAR F A C E

P h o t o s m u s t bo O N L Y of p e r s o n s to bc in

c l u d e d by thi s a m e n d m e n t . The two p h o t o sm u s t bo d u p l i c o t e s , o p p r o x i m o t e l y 2)^ by

I V s i n c h e s in s i z o ; be on t h i n , u n g l o z e dp o p e r w i t h o p l a i n , l i g h t b o c k g r o u n d and

h o v e b e e n t o l ^ e n w i t h i n 2 y e a r s of d o t es u b m i t t e d . P h o t o s s h o u l d be f r o n t v i e w ,b u t not f u l l - l e n g t h , and moy not be s n o p -s h o t , P o l o r o i d , o c e t o t e o r f i l m b o s e p r i n t s .When more then I p e r s o n is to be i n c l u d e d ,o g r o u p p h o t o is r c q u i r o d . C o l o r p h o t o so r e o c c e p t o b l e .

D O NOT S T A P L E S E C O N D P H O T O

A T T A C H BY P A P E R C L I P

EXCLUDE PERSONS, AS FOLLOWS:

1 1 MV WIFE

Q M Y HUSBAND

Q MV C H I L D R E N f C f v e n o m c f j ) )

WHO IS/ARE

r~l TO A P P L Y FOR S E P A R A T E P A S S P O R T

• N O T TO A C C O M P A N Y

•

CHANGE TO READ IN MARRIED NAME. AS FOLLOWS:

M AR RIE D N A M E ^ . ^ / J _ S ' e . S , - ^ S^C -

PLACE OF MARRIAGE (City, Slore). y , ,

Mo/oka^, , U-^citl

OATE OF MARB-IACE /

1 HUSBAND' S N A M E ' I N F U L L _ / _

1 _ _ — • '

WHO IS 1 1 A U N I T S O S T A T B 3 _ C I T I Z S y 1

[ r f * ciTiZKN OF . J Z J K J J C 0 n < d ^ ' '"S

( C H I L D ( f ? E N r S ) ( W I F E ' S ) ( H U S B A N D ' S ) L A S T U. S. P A S S P O R T

NUMBER

IN NAME OF

F O R M o s p . , 97 * 64

OATE ISSUED

I I IS S U B M I T T E D H E R E W I T H

• O T H E R DISPOSITION fSrore)

(OVER)



TO B E CO M P LE TE D B Y A N A P P L ICA NT RE Q UE S TING INCLUS IO N IN THE P A S S P O RT O F A RE LA T IV E WHO A CQ UIRE D CIT IZE NS H IPT H R O U G H N A T U R A L I Z A T I O N

M Y I M M I C R A T E O T O

T H E U . S . O N ( M o n t h , d o y . y e a r )

A C q U I R E D U . S . C I T I Z E N S H I P

O N ( M o n t h , d o y , y e o r )

T H R O U G H T H E N A T U R A L I Z A T I O N O F

• S E L F • P A R E N T I 1 F O R M E R H U 3 0 A N O

WHO WAS NATURALIZED BEFORE THE (Nome el court) L O C A T E D I N ( C ( r y , S to r e )

A S S H OW S B Y T H E A C C O M P A N Y I N G C E R T I F I C A T E O F N A T U R A L I Z A T I O N N O .

TO BE CO MPL ETE D BY AN APP LIC AN T WHOSE V/ l rE WAS PREV IOUSLY MAR RIED BEF ORE MARCH 3, 1931, AND WHO IS TO BE IN CL UD EDIN PASSPORT (If morr ied more ihon twic e, sol forth foots in o tupple men tol statemen t)

H E R M A I O E N N A M E W A S D A T E O F P R E V I O U S M A R R I A G E

N A M E O F F O R M E R H U S B A N D P L A C E O F P R E V I O U S M A R R I A G E

F O R M E R H U S B A N D ' S P L A C E O F S I R T H M A R R I A G E W AS T E R M I N A T E D B Y D A T E

D E A T H • D I V O R C E

I N T H E E V E N T O F D E A T H O R A C C I D E N T N O T I F Y

N A M E I N F U L L R E L A T I O N S H I P S T R E S T A D O R ES S . C I T V . S T A T U

I have noc (and no other person inclucled ot co bc included in che passport ha.^), since acquiring Uniced Scares citizenship,

been naturalized as a citizen o f a foreign state; taken nn oath or made nn flffirmacion or ochet formal declaration pf allegiance to aforeign scate; entered or served in the armed forces o f a foreign stnte; accepted or performed the duties of any o f f i ce , post, or employment under thc government o f a foreign state or po l i t i ca l subdivision thereof; voted i n a po l i t i ca l election i n a foreign scate ocparticipated in an election or plebiscite to detennine the sovereignty over foreign terricory; made a formal renunciation o f national

it y either in thc United States o t before a diplomatic o t consular of f i ce r o f the United States in a foreign state; ever sought ot c la ied the benefits of thc nacionnlicy of iuiy foreign state; or been convicted by a court oc court martial of competent ju r i sd ic t i on o f com

mitting any act of treason against, or attempnng by force to overthrow, or bearing arms against, the United States, or conspiring tooverthrow, pu t down or to destroy by force, the Govemment of the United States.

(If any of the above-menlioned acts or eonditions hiiue been performed by or apply to tbe appUeani, or to any olber person included or 10 be included in the passport, the porlion w hich applies should be struck out, and a supplementary explanatory slatemeunder oath (or affirmation) by the person to whom the portion is applicable should be attached and made a part of this application

1 solemnly swear ( a f f i n n ) that the statements herein made are true and that I have no t previously asked to have these addi

tional persons included in my passport; that they are noc now in possession of va l id passports, and thac they have no t made application fo t passports nnd been refused.

Subscribed and swom to (ntficmed) before me this

(SigntStura of Applicant)

. 1 9 .

(Agent, Depanment of State or Clerk of C ourt)

FORM (J5P7 * 54 o U S RNMCNT PHLNTtNC OPHCS l U A O - 703-320 (3



F O R M O P P R O V G OI3UOCST QUREA'J NO. tl-Rln.S

O E P A R T M E N T O F STATE

F O R E I G N S E R V I C E O F T h C U N I T E D S T A T E S O F A M E R I C A

A P P L I C A T I O N F O R

RENEWAL • A M E N D M E N T | | EXTENSION

OF

^ P A S S P O R T I I C AR D O F I D E N TI T Y

• R E G I S T R A T I O N • C E R T I F I C A T E O F I D E N T I T Y

Document No { . L / _ i _ i r ' Dafe Issu

u r i i r c r« i i i i

ed • J ' > • • ' '

I I R E r E R R E O T O D E P A R T M E N T FO R ACTION

g S R EN E W E Of E^ gg ^g gp i T n J ^ o l S o l 9 7 Q

I I AMENDED AS REQUESTED

5oOO FEE COLLECTED

• NO FEE COLLECTED

(PLEASE P R I N T . - : A M E I N F U L L )— ( F I R S T . > A M E ) • ( . •U I D D L E N . ^ M E y I L A J . T N A M E I

apply for the service indicaf'ed above. {If amendment, sel forth delails on RBa citizen of the United States, do hereby

REVERSE.)

D/KTEJOF BIRTH (Monlh, day, year) PLACE O r B I R T r

n/voNOW RESIDING AT

7 '

z 2

UNITED STATES R'iÔENCE (Street address! city, county,' state)

IN THE EVENT OF DEATH O R ACCIDEN T NOTIFY (Nome in full, relationship, sfreet address, cjty, slate)

HAVE YO U E V E R ' B E E N REFUSED A PASSPORT OR REGISTRA/TION AS A CITIZEN O F T H E UNITED STATES?

I F T H E ANSWER IS YES, EXPLAIN WHEN ANO WHY

PROPOSED TRAV EL P L A N S I F R E TU R N I N G TO U . S . C OM P L E T E TH E FOL L OWI N C

I I N T E N D T O R E T U R N T O TH E

R E S I D E W l T H I N J

g l T^ _ 0 S T A T E S P E R M A N E N T L Y T O

5eP O R T O F D E P A R T U R E

. M O N T H S

I INTEND TO CONTINUE TO RESIDE A OROAO FOR THE FOLLOWING

PERIOD ANO PURPO SE / / ^ p ^ r / A ' A T ^ MACS/BD

N A M E O F S H I P O R A I R L I N E

O A T E O F D E P A R T U R E

I have not (nnd no otner person included or to Le included in che passport o r documentation has ) , since acquiring United States c i t i

zenship, been nniurnlized as a citizen of a fo re i i ;n state; taken nn outh o t mnile an affttmaiioo or other formal declaration o f nllesinnce

to a foreign state; entered or served in the armed forces o f a f o r e i ^ state; accepted ot performed th e duties of any office, post, or em

ployment under th e governmeni o f a foreign state or political subdivision thereof; voted in a political election in n foreign stnte o r p a r

ticipatcd in an eleciion or plebiscite to determine th e sovereignty over foreign territory; made a formal renunciation o f nationality either

in th e .United States oc before a diplomatic oc consular officer of the United States in n foreign stnte; cvec sought or claimed th e bene

f i t s o f the nationality of any foreign stnte; or been convicted by n court o r court martial o f competent jucisdiction o f committing any net

o f treason against, or oiicmpcing by force to overthrow, o r bearing ntms against, the United .'States, oc conspiring to overthrow, pu t down

or to destroy by force, th e Government of the Uni l cd Stntes,

(If eny of the ahove-menlioned acts or conditions have been performed by or apply to the applicant, or to any olher person includedin the passport or documentation, the portion which applies should be struck our, ona o supple mentary explanatory stofemenf under oath(or affirmation) by the person to whom the ponion is applicoble should bc attached and made o part of this application.)

(To be signed by Applicant

i

Subsctibed an d Sworn to(affirmed) before me this ,

(SEAU

V i c e Consul : of the Un i j j

.Aav o f ^ ' - . j ^ , - J" -• . 19 .

(The Department will assume that thc consular officer.^Jdcwardlno/the application lof the Depattmeni's decision, is fully satisfied ns

to the applicant's identity unless a notation to the conicatv \sfn\ê.)

7 - 5*1



A M E N D T O I N C L U D E ( E X C L U D E ) ( Wl F E ) ( H U S S A N O )

B I R T H P L A C E B I R T H D A T E

S P O U S E W A S P R E V I O U S L Y M A R R I E D T O P R E V I O U S M A R R I A G E T E R M I N A T E D B Y

• D I V O R C E I I D E A T H

N U M D E R O F M Y S P O U S E ' S P R E V I O U S

P A S S P O R TDISPOSITION OF MY SPOUSE'S PREVIOUS PASSPORT

• A T T A C H E D • C A N C E L E D ( D A T E I

A M E N D T O I N C L U D E ( E X C L U D E ) C H I L D R E N

R E S I D E N C E B I R T H P L A C E B t R T H O A T B

A M E N D T O R E A D I N M A R R I E D N A M E

DATE MARRIED PLACE MARRIED M A R R I E D T O

C I T I Z E N S H I P O F H U S B A N D

1 I U . S . C I T I Z E N • A L I E N - C I T I Z E N O F

O T H E R A M E N D M E N T ( S ) ( D E S C R I B E IN D E T A I L A C T I O N R E Q U E S T E D )

D O C U M E N T A R Y E V I D E N C E S U B M I T T E D TO O E P A R T M E N T B Y C O N S U L A R O F F I C E R

D O C U M E N T A R Y E V I D E N C E S E E N A N D R E T U R N E D T O A P P L I C A N T B Y C O N S U L A R O F F I C E R

STATEMENT OF ACTION BY POST UPON DEPARTMENT'S AUTHORIZATION (To be oxecufed only fn connection with cases referred to D

T H E • P A S S P O R T

I I C A R D O F I D E N T I T Y

I I C E R T I F I C A T E

I I R ENEV f EO TO

I I A M E N D E D A S R E Q U E S T E D

I I E X T E N D E D T O

A U T H O R I T Y (Consul of the United States of America)

(Hboto required for inclusions)

STAPLE ONE PHOTO HERE

DO NOT MAR FACE

The passport photos tequired must

be approximately by 2^ inches in size;

be on thin unglazed paper, show fu l l front

view of applicant wiih a plain, light back—

gtound; and have been taken wiihin 2 years

of date submitied. U'hen dependents nre in

cluded they should be shown in a.gtoup pho

tograph. The consul will not accept photos

that arc not a good likeness. Color photo

graphs arc acceptable.

Ot, rjo( staple second photo. Altachloosely by paper clip.

O P I N I O N O F C O N S U L A R O F F I C E R

(Consul of the United States of America)

F O R M

7 - enFS-299

In certain cascs specific aulhorization by the Department will be required. In these cnsea nn extra copy of the form sh

be prepared. Upon receipt of the Pepartmcnt's reply the extra copy should be transmitted with a notn'ion of thc action



.-WOID THE LASTMIMUTE RUSH (PLE.'\SE TYPE OR PRINT)

m i PUT ITAPPLY \C

C £ = J = r > , 1 E N T O F j - A T E

A P P L I C A T I O N F O R P H 5 S P 0 = ! T B Y MA IL

Your previous pcssoort issued wirhin 'he past eight /ecrs, two signed

phoroqrcphs end "he fee of SIO MUST ccconpony this npplicotion.

( r i r ^ i l o n e ' t

?/Sv..:

iM i J d If! namui

••..^'^<^C:^r^&iLii&.lolo';, A 'S Krroby eooly tH^f-iJ^Tor'—Dnt of Store for '•

V,AIL P A S 3 P 0 R T T O :

IN C A R E O F ( I f a p o l i c o b l c

S 7

P h C N E , '>I05. A r r o C o d s : _ Home: ? 7 ^ 0 ^ t f ) ) ' ^ ? / ? ' = j 3 u s ; r e » s :

D A T E CF 8 I R T H

Yeor

H E I C H T

F T . > ^ g - i N .

P L A C E O F B I R T H i C i ' r , 5 : i H , P r o v i n c ! , C a u n l r yt

C O L O R C F H A I R

ir.

C O L O R ^ O F E f E S

( S o e l l o u t )

V I S I B L E D I S T I N G U I S H I . N C M A R , < S

A P P R O . t l . S A A r e D A T E O FD E P A R T U R E

C C C I ^ P A T I C N t j ' .

R 0

SERIES

c

HOhr>i.lJLi..H,«.'jtfAi!

' . OST .RECENT PASSPORT ISSUED A(1THI^^.PAST 3 YEARS MUST BE ATTACHES . .s . • , 'f ^ - > Cler.-, c'-jr-;- . ; - ' » . ^ , c = J ^ , - - - / . ^ _^ r - .- / ( .

S O C I A L S E C U R I T Y N D M S ^ R

M Y P E R . M A M E N T R E S I O E N C t ' H • ia m c 3S m ^ i l i n i j a d d r e s s , - w r li o " S o m ^ l , I F Y O U / , V £ R g B O R N . i ^ O A O . W E R E B O T H O F Y C U ' ? P A R E M T SC I T I 2 5 N S A T T H E T l M E O F Y O U R B I R ' T H ?

No

: ' r j . I ' r - - '' g s f - j ' I r - r \ <' .— j » — ! / • — i i , ..I N T H E E V E N T O r A C C I O ' E N T O R D E A T H N O T I F Y ( D o n o t i h o w n e m e o f o p e r r ,o n « h o * i l l a c c o m p o n y y o u w h e n t r o v c i m g

( M e mo i n f u l l i ( R f j l o t i o n i h i p j ( S i r c r ' a d d n s s , C i ' A S I J T I - , Z I P C o d o '

P R O P O S E D T R A V E L P L A NS

P U R P O S E O F T R I P

P R O P O S ED L E N G T H O F S T A Y

.Jl.

M O . O F P R E V I O U S T R I P S A B R O A DW I T H I M L A S T 1 7 . M O N TH S

• V lE A N S OF T R A N S P O R T A T I O N

R g l u r n

O t h e r

D O Y C U ^ P E C T T O T , \K E A N O T H E R T R I P A B R O A D '

I F SO, ' .V iTHlN

2 Y c j r % ^ ^ i ^ ' Y s o r s

COUNTRIES TO BE VISITED

WA!?iNlf)G; False st3le.Tienl$ matle knov/ing'y 3 R ! wilUully in passjiOft 3i.plicatnn3 .:r aHitlavils o i olher suppoiling documenls are 'iM iishau l: by'ine ar.d or:-cir.?n-:,itthe pfovisions of ;3 U'C ICO! and oi 13 USC IS'I?. The alleiation .-mutilation of a passport issued puisuan; lo Ihis ShOlicalicti is lunishatie ty 'i :P a-'J oimc ilionre nt uniiei 13 USC 15'!.'!. The use af a passport in •/i iij iion of i .e rsslrictlons theiein is punishable ;y f li s ano or nor-s.-nmefl jpder 13 JSC IS'.J.

I have nol since acquiring j ni le J Stales cilizenshig, been naiuiali;ed as a cilizsn of a foreign slate; laken an oath, or made in ;if!irn:lijn -r ilher ••.ir-;a aeciaratici af gianiie lo a foreign siate; entered or served in the :ii\ned forces o' a itireign slat'?; accepted or performed the duties of any office, post, <\\ em.iloymenl unuer tie Goveinine,1 forfjign slate or political sjbdi /isi:n thereof; naddU formal renunciation ai latlonaiity either in the United States or i;ef j r e a diplomatic ,',r cansuiar ai'icer af the Uni'sd'•'..,|p-.»_ i.!n,oinn_ iiiaiaLj;as; .iMiuuujulaunadjhB..vê jieijts oi the natianality ai any foreign state; or been convicted by a c.;url or cc„fi maf.ial of carrfstent jur isa xli ir

wn iin iiti iig 3ny acl af treason against, or attempting by force lo-avertiirTJ*, or be3r:ng arirs against the UnitediSlates, 01 tmsp iring to overthiow, put down or to destroy by fcice, the GnvernTOnt of the United Slates.\\ \ any i f the iljove-,T>eniicnei! acts or conditions have been performed by or aco y lo the applica.il, Ihe porli'which aLoJies shou d ae struck out, a n d a supplementary e.xpionatory statement should be altached, signed a'made a part af this applicution.i

DECLARATION'I declare imdei th e psnallies of 1 3 U S C 1 0 0 1 a n d 15-!2 isee '.'MRNINS, atovei lhat th e statemeâpctication a re true a n d complete to th e best oi m y knoA'ledge a n d belief. I fuither oeclaie thaa n a defend Ih e C.in^tilulion af th e United States against all enemies, forel.^n n n d Joiêstic; thfailh a n d allegiance t o t h e same; a n d that I take this obligation freely without 'rental reseuatievasion. / >' • .

\ 4m

(Date. (Signature of app llcanti

I . ( P o s s p o t t d j f i c c U s B O n l y )

^3:11" DSP.82F O R . M A P P F t O V E O

B U D G E T B U R E A U N O n 7 - R



D E P A R T M E N T O F S T A T E

REQUEST BY UNITED STATES NATIONAL FOR AND REPORT OFEXCEPTION TO SECTION 53.1, TITLE 22 OF THE CODE OF FEDERAL REGULATIONS

REQUEST

1 n .i vi .- been i n tn nne d t ha t my passp o r t i s no t va l i d and t ha t a va l i d pa ssp o r t i s r e qu i r ed by l aw to en te r t he

I n it s / J .S u t. - .s . ! r equ es t t ha t an exc ep t i o n be g r an ted t o me , as p r ov id ed i n S e c t i o n 53 .2 ( h ) , T i t l e 22 o f t he C od e

•t K eJ e r a i R e i ; u !a ti on . « ; . [ unde r s ta .od t ha t n f «e o f S 2^ i o r equ i r ed unde r S e c t i on 53 .2 fhJ and [ w i l l r em i t such f ee

r ,i rl it - pa ss po r t O f f i f . e , D epa r tmen t o f S ta te , W as h ing ton , D . C . - . 20524 , w i t h i n 30 da ys . x - \ > /

(Signature)

R E P O R T - P u r s u a n t t o S e c t io n 2 1 5 of th e Im m i g r a t i o 'n o n d N a t i o n a l i t y A c t o f 1 95 2

^ ' ^^ U i r e c t o r . P a s s p o r t O f f i c e

D e p a r t m e n t o f S t a t eM ' j sh in gcon , D . C . 20524

.Attn: P T / . ' \ C

S U B JE C T

MAME

3 T A : I L £ Y AfTJI SOETORO

O E SC R IP T IO N c i ^ f l

BroTO Brown135 l b .

HOME ADDRESS D ia jLan Taman > fe traman 22 F a v „ , D j a k a r t a , I n do ne s i ac r r =7 \ ^

^ H o n o l u l u , 1 61 7 S o u t h B e re t a . n i a , c / o S t a n l e y D u rJ ia ia ) | j ^ ^ ( 5 fe f^ ^ y ^

B I R T H D A T E

Nov. 29 , 19^2N A T U R A L I Z A T I O N D A T E

W. A.P A S SP O RT NO . , DA T E A ND P L A CE O F IS S UA NCE

F 777738

' ^ - 1 9 - | 2 ^H o n o l u f i i , H a w a i i

B I . R T H P L A C E

W i c h i t a , K a n s a s

P A S SP O RT NO . , DA T E A ND P L A CE O F IS S UA NCE

F 777738

' ^ - 1 9 - | 2 ^H o n o l u f i i , H a w a i i

D E P A R T U R E F R O M U N I T E D S T A T E S

D A T E A N D P L A C E O F D E P A R T U R E

O c t o b e r 1 9 ^ 7 , H o n o l u l u , H a w a i i

D E S T I N A T I O N

D j a k a r t a , I n d o n e s i a

FL IG HT NUMB E R O R V E S S E L NA ME O F CA RRIE R

J a p a n A i r l i n e s

T R A V E L T O U N I T E D S T A T E S

D A T E A N D P L A C E O F D E P A R T U R E F R OM A B R O AD

O c t o be r 2 0 , 1 9 7 1 , D j a k a r t a , I n d o n e s i a

I D E N T I T Y D O C U M E N T S P R E S E N T E D

P as sp or t as shown above C^^^^^^^

FL IG HT NUMB E R O R V E S S E L

PAA 812

NA ME O F CA RRIE R

P an A m e r i c a n A i r w a y s

O A TE A NO P LA C E O r E NTRY

O c to b er 2 1 , 1 9 7 1 , H o n o l u l u , H a w a i i

D E S T I N A T I O N

H o n o l u l u , H a w a i i

A C T I O N T A K E N

I d e n t i t y an d c i t i z e n s h i p e s t a b l i s h e d .

E x c e p t i o n g r a n t e d u n d e r 2 2 C F R 5 3 . 2 ( h ) .

f 5 , ( : T 2 1 . 1 9 7 / ,( I n a p o c t o r 3 S t a m p )

P L A C E ( I m m F gr a fi o n o n d N a t u r a l f i d f i o n S e r v i c e )

HONOLULU, HAViAII

S I G N A T U R E ( I m m i g r o l l o n O i ' f ic o f '

1 e ^ ^ C r T t ^ t ^ ; ^ ^ _ -< 25'^'T ?-> v__



(PLEASE PRINT OR TYPE • PENCIL NOT ACCEPTABLE) ' ^ Fo( Oepartacnt Decision

A

DEPARTMENT OF STATE

APPLICATION FOR i;glPASSPORT O REGISTRATION

C o m p l o t o A L L c n t r l o s In oi l p a c t i o n s t h o t a p p l y t o y o u . I f I n f o r m a t i o n i s

u n k n o w n . < vr il e " U n k n o w n " . Do not l e a v e b l a n k s p a c e s . Use a d d i t i o n o is h e e t s w h e r e s p a c e p r o v i d e d is not o d c q u o t e .

TO BE COMPLETED BY ALL APPLICANTS

(First name) (Middle name) (Lastnamei

, S T A N L E L y A / ^ A ) , S O ^ T O K d a citizenof the United States, do lieieby apply for (a passport) (registration)

OATE OF BIRTHMonl l l Oay Y«ar

HEIGHT ^

P L A C E OF a iRTH (Ci t y , t t o i o /px i v l neo , coun t ry )

COLOR OF HAIR(Sp« l l out)

COLOR OF EYES(spo i l our)

VISIBLE DISTINGUISHING MARKS OCCUPATION ^glAP.

srupeAJTNOW RESIDING AT o y t , , *1A OTI FiOMÎ

. te . _JJ - f . . . t MSWrr e i g l - t t t!

PGjT LOCATION

POST ACTION

PASSPORT ISSUED

Z2433100

Jakarta,Indonesia

REGISTRATION APPROVED

Dolo

Expi res .une 2,1976F p?rf J u n e 1 / 1 9 8 1 ^^ô QF IDENTITY AND REG

j t ^ fSS App l i ca t i on fee col loered

fT^SIO Foo co l l oc ted I v A ^

I ] No Foeposiport ' 't

I ' 1 Qff l c lo l possport

No . _

Dote .

I I $3 foe col lecrod (for cord)

i IdS-pOQO pos ipo rT

MY LAST PASSPORT WAS OBTAIN ED FROM(Nore: If inelutidd in another's posspori, state nome of beoror)

Locat ion of Usulrô Office Dolo ol tssuarice

SOCIAL SECURITY NO .

* i I Submittod horewith > J

j ^ jConco l tod and re tu rned

I I Soon ond returned

r n Qrhei d l«posf t lon (s tate)

B

MY LAST REGISTRATION AS A C I T I Z E NOF THE UNITED STATES WAS APPROVED

PER.MANENT RESIDENCE (Si rooi oddro»s, c i iy ,

/6/7 S. BtHSTAAiÂ

TO BE COMPLETED BY AN APPLICANTWHO BECAME A CITIZEN THROUGH NATURALIZATION

I IMMIGRATED TO TH E U.S,(Month, year)

I RESIDED CONTINUOUSLY IN TH E U.S.From (Year) To (Year)

. N A T U R A L I Z AT I O N C E R T I F I C A T E NO.

I I Submtued herewi th

I I Seen and returned

I I Previous ly fubml l ted

P U C E • •TATURALIZEO (Ci t y , s ta l e ) N A T U R A L I Z A T I O N C O U R T D A T E N A T U R A L I Z E D

COIVIPLETE ONLY IF OTHERS ARE TO BE INCLUDED IN PASSPORT OR REGISTRATION AMD $U,Sf1IT GROUP PHOTOGRAPH

(WIFE'S) (HUSBAND'S) FULL LEGAL NAME • NATIVE BORN

• NATURALIZED

NATURALIZATION CERTIFICATE NO.

I I Seen ond rnixirne^

P L A C E N A T U R A L I Z E D ( C i t y , f o i e ) N A T U R A L I Z A T I O N C O U R T D A T E N A T U R A L I Z E D

( W I F E J S ) (HUSBAND' S) PLACE OF BIRTH (Ci ty , s tate or Province. Country) D A T E OF BIRTH (Mo., Day, Y«at)

NAME IN F U L L OF CHILDREN INCLUDED P L A C E OF BIRTH (Ci t y , i t o te /p rov lnce , coun t ry ) D A T E OF B I R T H(Month, day, year)

RESIDED IN U.S. (From

EVIDENCE OF PRIOR DOCUMENTATION OF ABOVE-NAMED PERSONS TO BE INCLUDED (For complelion by Consular Olllce)

NAMES PASSPORT NO . OATE OF ISSUE

C A N C E L E D O R

OTHERDISPOSITION

D A T E OF REGISTRA

TION ORBIRTH REPORT

L O C A T I O N OFO F F I C E

OTHER EVIDENCE OF U.S. CITIZENSH IP PRES ENT EO (Siato d lsp osl i lcn)

FORM ps-iys

9-74

(OVER• YOU MUST COMPLETE PAGE2) ^PP RO -'B " BUOOET BUREAU NO. o-n



r FF O R M F S - t 7 6 9 -74 PA G

rATHE.=?'S NAME F AT HER 'S PLAC E OF B IRT H tC i l y . S»o l o. p rov i nce or Csunt t y ' ( 5 U .S . C IT IZ EN

Q N O T U.S. CITIZE

O A T E N A T U R A L I Z E D PLACE NAT URALIZ ED (C i t y , i t o t e )

FATHER RESIDED INU.S.

"""" K^)?TH i^<^^'^''^TF AT HER 'S OAT E Or SI ! »T H [ • F A T H E R DECEASED

j^FATHER RESIDING AT k^Q^dLULU ,

M O T H E . ^ ' S MAIOEN NAME

D A T E .NATURALIZED PLACE NAT URALIZ ED (C i t y , j i o t o j i

-4 -M O T H E R - 5 P L A C E OF BIRTH 'Ci iy, S ioio, Province or Country)

P^fiOl KANSAS

U.S . C IT IZ EN

; 3 , M 0 T U . S. C I T IZ E

MOTHER'S OATE OF B I R T H

OCT. :!6»j^ff22' ~ ] MOT HER DECEASED

'ÔTHER R3I0INC AT ^QAJO L ULOjJfJ^

MOTHER RESIDED IN U.S.

Prom ^ t t ^ 7 ( \ To f P i ^ £ A j

I WAS NEVER MARRIED

r g l WAS LAST MARRIED ON (Dote)

i.«JD

P.RESENT FULL LEGAL NAME OF HUSBAND OR WIFE

L.6i,o soercieoUSBAND'S OR WIF E 'S P U C E OF B IRT H (C i t y , > i o i o )

U i i c a . k i n rio w i c s M V ' J I a c c i n i t j r t A T '

HU5BA.^^D'5 OS .VIFE' i DATE OF BIRT H

HUSBA ND OR WIFE N^W RES IDING AT

Q HUSBAND OR WIFE IS U.S. CITIZ EN

i p j ^ S B A N O OR W IF E ISNOT U .S . C IT IZ E

H

j g f S A R R I A C E N O T T E R M I N A T E D

• M A R R I A G E T ERMINAT ED BY • D E A T H ( ^ D I VO R C E ON

PROPOSED TRAVEL PUNS

j S l I N T E N D T O R ET U R N T O T H E U N I T K ) S T A T E S W I T HI N / MONTHS

YEARS TO • R E S I D E r J ? f ^ l S I T . • I N D E F I N I T E

• l NEVER INT E ND T O RET URN T O T HE UNIT ED ST AT ES

I INT END T O CONT INUE T O RESIDE AB ga AR F O R T J j f F OLLOW ING REASON k J " f d )

COMPLETE IF RETURNING TO U.S.

PORT OF DEPART URE

NAME OF SHIP OR A l l i L INE .

DAT E OF D E P A R T U R E , — _ ^

WARNING: False statements mate knowingly and willfully in passport applications or in alfidavils or other supporlihg uocumenis sumniiieu medwtn are punsnfine and /or imprisonment under the provisions of 18 USC lOOl anil/or 13 uSC1542- Alteration or mutilation of a passport issued pursuant lo this application isable by fine and/or imprisonment under the provisions of is USC 1543. The use of a passport in violation ol the restrictions contaned theren or of the passpotions is punishable by line and/or imprsonmen under 18 uSC 1544.

I have not (and no other person included in the application has), since acquiring United States citizenship, been naturaized as a citizen of a loreign stale; l[iiade an affimialion or other forma declaration of allegiance to a loregn slale; entered or served in Ihe armed forces of a foreign stale; accepted orperformed any oflice, post, or employment under the government of a foreign state or political subdivision thereof; made a forma renunciation ol nationality either in Ihe Uor before a diplomatic or consular officer of the Unted States in a foreign slate; ever sought or clamed Ihe benefils of the naticnality of any foregn state; or bby a court or court martia of competent jurisdiction of commtiing any act of treason against, or attempting by force to overthrow, or bearing arms against, Iheor conspiring to overthrow, put down or to destroy by force, the Government ol the Unted States.'If any of thcabove-menttoned acts or condit ions have been pcrformccT by or cpply to thcapplicant, or to any other person to be Included in tho possport or regtsfrotron,9orffon which cppltes should be struck out, and a supplementary enplanalory staletnent urrocr oorh (oraffirmation) oy the person lo whom rhe portion Is (ppltcable shoube altached ond made opart of ibis cppllcatlon.)

solemnly swear (or affirm) lhat (he statements made on all the pages of Ihis applicaiion are true and lhat the photograph attached is a likeness of me andoflo be included in the passport.

(To fac signed ot same timo by husband/wlfo to be Included In passport)

Subscribed and sworn lo (affimied) before rae his ^ d

(To be signed by Applicml In presence of person a^tnlsierlng oath)

day of /"'V \ -L i 19_/

(Seal)A l f r & d H a r d i n g TV

Consul. of the Unied Stales at rJakarta,IndonesiaDENT IF Y ING DOCUMENT S SUBMIT T ED (See 3 F A M 2 4 3 , P r o e e d u r o s )



PPLICATION FOR S PASSPORT • REGISTRATIOI)t,g^ C?TP-,P„^

F D L &

POST LOCATION Ja i< ar !:a , Z n d o n a s ia

A L L a r rt r io s In a l l t e c t i ons tha t app l y to you . I f i n fo rm a t i on i s unk now n ,

'wr t te ' ' ' L tnk now n. ' ' Do no t lesvo b lank spaces. Usa odd i t iona l ihoets where spaca

p rov i dad is no t adequa te. P R INT O B TY P E E N TR IE S .

T O B E C O M P L E T E D B Y A L L A P P L I C A N T S

(F i r s t name)

STANLEY

(M idd le name)

AMN

(Last numo)

DUNHAM

tho Un i tod Sta tes, do hereby app ly f o r (a passpor t ! ( reg ist ra t ion ) .

a c i t i zen

P O S T A C T I O N ;P A S S P O RT IS S UE D

NO. C3237221R E G I S T R A T I O N A P P R O

. Oato

D ate 4 / 2 3 / 8 1 E xp ires

E x p i r e s ,

4/ 2 7/88 _ CARD OF lOE.VTITY ANO

No . •

E l $ 3 A pp l i ca t i on feeco l loctedSIO Foe co l lected

Cl No Foo passpor t

• Off ic ia l passpor t

Da te

Q $5 foo co l lecte d ( fo r c

Q 48-pago Q 96-pago pa

S E X I M f )

F

B IR TH P L A C E (C) tv , S ta te o r P rovi nce , Cou n t r y )

^ KANSAS, U.S.A.

H E I G H T

H .n.

C O L O R O F H A I R(Spel l ou t)

BROWN

C O L O R O F E Y E S(Spel l ou t)

BROWN

B I R T H O A T EItAonth Day Year

A P P L I C A N T ' S E V I D E N C E O F C I T I Z E N S H I P

Nov. I 29 11942S O CIA L S E C UR ITY IMO.( N o t m a n d a t o r y )

535-40-8522

D B i r th Ca r t l f l ca to D f *a s3po r t

Q Ce r t i f i ca te o f Na tu ra l i za t i on o r C i t izensh ip

Oato: I "J-Î 4

Bearer' s Nam o: Q Su bm l t tod Horev

No.: < . 2 . t f - s S / o ' o ( 3 ^ a n e e l o d a R e tu

P lac e: " ^ - d l c A j C t j ^ ^ • S ee n & R e tu r ne d

NOW RESIDING AT j g ^ ^ ^ ^ ^ ^ ^ ^ j / j ^ ^ K e b a y ora n B a ru

J a k a r t a S e l a t a n , I n d o n e s ia

M Y L A S T R E G I S T R A T I O N A S A C I T I Z E NO F T H E U N I T E D S T A T E S W A S A P P R O V E D

P E RM A N E N T RE S IDE NC E (S t rea t A dd ress , C i t y , S ta to, U .S. Z IP Codo ) ( I f same as abovo ,

1 61 7 S o u t h B e r e t a n i a , A p t . 1 0 0 8 , H o n . , H a w a i i

Loc at ion o f Reg ister ing Off ice Oote o f Reg is

I N T H E E V E N T O F A C C I D E N T O R D E A T H N O T I F Y ( N o t m a n d a t o r / ) ( D o n o t g iv o na m o o f a p e rs o n w h o w i l l a c c o m p an y i r o u w h o n t r a v e li n g)

N ^ e in .u : f ^ f ^ ^ , g ^ " f e t a n i a . A p t . 1008 M on n T iT . M.w..-.- " ° ' r r o r : ^ ? M 94 9 -2 3 1 7dd ress : r e t a n i a . A p t . 1 00 8, H n r ^ n l n l i ^ H a w a i iH A V E Y O U E V E R B E E N R E F U S E D A P A S S P OR T O R R E G I S T R A T I O N A S A C I T I Z E N O F T H E U N I T E D S T A T E S ? • Y es I S N ol e A N S W E R IS " Y E S . " E X P L A I N W H E N A N D W H Y

F A T H E R ' S N A M E

STANLEY DUNHAMBIRTHPLACE W /C /Z /T / l , ,

KANSAS, U.S.A. '1B I R T

larcU . S . C I T I

fiDYes D

M O T H E R ' S M A I D E N N A M E

MADELYN PAYNEBIRTHPLACE Pc-JZl/

KANSAS, U.S.'A. iB I R T H D A T E

) c t .26 , ' 22U . S . C I T I Z

0 YO S D N

a. WAS LAST MARRIED o^^la rch 5,' 64l£ .!'!"J'^î:»:i^'.:^L'»„°^„°J>"""" -• I WAS NEVER MARRIED L..> 10 Soptom , ^Âui. HA^jQX

/ H U S B A N D ' SL A C E

Bsi' iung, Indooe-

V t U X K ^ / H U S B A N D ' SB I R T H O A T E

Jan. 2,1936

U . S . C I T I Z E N

• Yes S N O

• M A R ^ A G E N O T T E R M I N A T E• M A R R I A G E T E R M I N A T E D B Y

BmvoRCEON Alio .2 8 . 1I - Y O U O R A N Y O N E I N C L U D E D I N S E C T I O N B O F T H I S A P P L I C A T I O N B E E N I S S U E D O R

l r « i ,uu O E O IN A U .S. P A S S P O RT? g ) Y es • NoI F Y E S, S U B M I T P A S S PO R T . I F U N A B L E T O S U B M I T M O S T R E C E N T P A S S P O R T , S T A T E I T S

D IS PO S IT IO N :s ub in i t t in q NO.; Z2433100 i«uo Date :j, jne 2 , 19

( P HO T O R E Q U I R E M E N T S F O RP E R SO N S T O B E I N C L U D E D )

P ho tos mus t bo O N LY o f pe r sonsto be Inc luded (o ther than passpor tbearer). When more than one personIs to be Inc lude d, a group pho tograph o f the Inc lus ions Is roqu i re d.

C O N S U L A T E W I L L S T A P L EP H O T O O F I N C L U S I O N SH E R E .

O O NO T IMP RE S S S E A L O NP H O T O G R A P H S .

C O M P L E T E I F C H I L D R E N O R B R O T H E R S A N O S I S T E R SU N D E R A G E 1 3 , A N D / O R W I F E / H U S B A N D , A R E T O B EI N C L U D E D A N D S U B M I T P H O T O

W I F E ' S /H U S B A N D ' S F U L L L E G A L N A M E

• S u b m i t t e d H o r e• Cance led & Ret• Seen & Retu rne

BlfTTHPLACE (Caty.StniBorPipvlnoB, C:ouni»v) BIRT H DA TE (Mo,D ay,Yr .)• S u b m i t t e d H o r e• Cance led & Ret• Seen & Retu rne

C H I L D ( R E N ) ' S N A M E I S )I N F U L L

B I R T H P L A C E ( S )(C i t y ,S ta te o r Coun t r y )

BIRTH OATEIS)(Mo., Day , Y r . )

C H I L D ( R E N ) ' S E V I D E N C E

• S u b m i t t e d H o r e

• Canco lad & Ret• Soon & Returne

( C O N S U L A R O F F IC E U S E O N

W I F E ' S / H U S B A N D ' S E V I D E N C E

I have not (ond no o thor person Inc luded In th is app l ica t ion has) , s inca acqu i r ing Un i tod Sta tes c i t i zensh ip , por formed any o f tho acts l i s ted In sect ion the reverso o f th is app l ic a t ion fo r m (un less exp lanat ory sta teme nt Is a t tac hed) . I so lemnly swear (or a f f i r m) tha t tho sta tomonts mado on a l l o f pages o f th is app l ica t ion aro t rue and the ph oto gro phd ) a t tach ed Is (are) a l l kenoss o f me and o f those persons to bo Inprt^ded In tho ôs ipo r r .

( S E A L )(To be signed at same time by husband/wlfe to be included In passpon)

Subscribed and sworn to (affirmed) before mo this .

a and o f those persons to bo Inc l t^ded In tho ôs ipo r r .

ITo be s igned by App l icant In presonco o f person admin ister ing

day of _

C o n s u l . o f the Un i tod Sta tes a t

^ I ^ (S ignature o f (Jerfon tak ln g 'ap p l lca t ion)

.19 ( ^1

OPTIONAL FORflrt 178(FORMERLY FS-176)

(OVER • YOU MUST COMPLETE PAGE 2) JanuaryDept. o



UNITED STAltS DfcfAHIMfcWi Uh SIAifc

APPUCATIOJV Fp<B-i*ASSPOR.T BY R/lAiL

^- i'.. o'î ' l ^Qfj w^RJCVl OWS ON BACK OF FORW)

{ ) >!v 0 ^\TYf^tlR'>RINT IN (Nit INWHITE AREAS Ol lLY

0 D C N 0 0 5 0

'.DEmiFVmG WFOIRiyiATIOlil

FIrS'i ÎIODLE

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I I N T E N D T O C O N T I N U E T O R E S ID E A B R O A D F O R T H E F O L L O W I N G P E R I O D A N D P U R P OS E

Two years co nt ra ct w ith Forid Foun(jation from January 1981 December 1982.

1 I N T E N D T O R E T U R N T O T H E U N I T E D S T A T E S P E R M A N E N T L Y

T . ^ R E SI D E W I T H I N ^ ^ ^ ^ 5 M O N T H S

O A T E O F D E P A R T U R E

/ \ PRIVACY ACT STATEMENT

Tl?e In form at ion so l ic i ted o n th is fc^m is author ized b y, but n ot l im i ted to , those sta tu tes cod i f ied in Ti t les 8 , 18 , end 22, Un i tod Sta tes Cod o, apredecessor sta tu tes wheth er or no t- \ :od l t Icd , and a ll regu la t iono issued pursuan t to Ex ecut ive Orde r 11295 o f August 5 , 1966. Th e pr imary purposso l ic i t ing the in for ma t ion Is to estab l ish c i t i zensh ip , iden t i ty and ent i i lem ent to issuonce o f a Un i ted Sta tes Passpor t o r re la ted fac i l i ty , end to proadmin ister and enforce the laws per te in ing th ere to .

Th e In fo rm at io n is made ava i lab le as a rout ine uso on 0 need- to-know basis to personne l o f the Depa r tm ent o f S ta te and o ther go vernm ant agencies h

s ta tu to r y o r o the r l aw fu l a u tho r i t y to ma in ta i n such i n fo rma t i on In the pe r fo rmance o f the i r o f f i c i a l du i i e s ; pu r suen t to a l ubpoena o r cou r t o rdo r ;es so t fo r th In Par t 6a , T i t le 22, Codo o f Federa l Regu la t ions (Soe Federa l Reg ister Vo lum e 40 , pages 457 55, 43 756 , 47419 and 474 20 ) .

Fa i lu re to provide tho in form at io n requested on th is . fo rm moy resu l t in tho den ia l o f a Un i ted Sta tes Passport , re la tod doc um ent or serv ice tInd iv idua l seeKing such passpor t , document or serv ice .

NO TE : Th e d isc losure o f you r Socia l Secur i ty Nu mb or or o f the iden t i ty and locat io n o f 0 person to be not i f ied In the event o f death or acciden t i r e l y vo l un ta r y . How eve r , fa i l u re to p rov i de th i s i n fo rme t l on may p reven t the Depa r tm en t o f S ta te f r om p rov i d i ng you w i th t im e l y ass is tanpro t ect ion In tho event yo u shou ld encounte r an emergency s i tu a i ' * ' ^ wh i le outs ido tho Un i tod Sta tes.

ACTS OR CONDITIONS

( I f any o f the be low-m ent ion ed acts or cond i t io ns havo been por form ed by or o pp ly to the app l ica nt , o r to any o ther person to be Inc lud ed Ipasspor t , the por t i on wh ich app l ies sho u ld be struck ou t , ond a supp lem entary ex p lanatory sta teme nt under oath (or a f f i rm at io n) by the person to wtho po r t io n is app l icab le shou ld bo e t tacho d and made a par t o f th is ap p l ica t io n .)

I have not (and no o ther person Inc lud ed in th is app l ica t io n has) , s ince acqu i r ing Un i to d S la tes c i t i zensh ip , been natura l ized as a c i t i ze n o f a fo re ign taken an oath or m ada an a f f i rm at io n o r o th er fo rm al declara t ion o f a l log ianco to a fo re ign sta te ; en tered or served In the ormed forces o f a fo re ign accepted or per f orm ed the dut ies o f any o f f ice , post , o r em ploy me nt under tho governme nt o f a fo re ign sta te or po l i t i c a l subd iv is ion there of ; maform al r enun cia t ion o f na t ion a l i ty e i ther in tha Un i ted Sta tes or before a d ip lom at ic or consu lar o f f ic er o f tho Un i te d Sta tes In a fo re ign sta to ; ever sor c la imed th o benef i ts o f the nat io na l i ty o f sny fo re ign sta te ; o r been convic ted by a cou r t o r co ur t mar t io l o f com pete nt ju r isd ic t ion o f com m ln i ngact o f t reason aga inst , o r a t te mp t ing by fo rce to ov er th row , or bear ing arms aga inst , tho Un i tod Sta tes, o r consp i r ing to ove r thr ow , pu t dow n destroy by fo rce, the Gov ernm ent o f the Un i ted Sta tes,

W A R NI NG : Fa lse s ta temen ts made know ing l y and w i l l f u l l y In passpo r t app l i ca t i ons o r in a f f i dav i t s o r o the r suppo r t i ng documen ts submi r tod the rare pun ishab le by f ine and/or im pr iso nm ent under the provis ions o f 18 USC 1001 and/or 18 USC 1542. A l t e ra t ion or mu t i la t io n o f a pa sip on ipursua nt 10 th is app l ica t ion is pun ishab le by f ine and/o r im pr iso nm ent un der the provis ions o f 18 USC 1S43. Th o uso o f e passpor t in v io la t io n orostr ic i ions conta ined t here in or o f the passpor t regu la t ions Is pun ishab le by f ine and /or Im pr isonrh ent undar 18 USC 154 4. A l l s ta tementsdocumen ts submi i ted a re sub jec t to ve r i f i ca t i cn .

(FOR USE OF OFFICE TA KING APPLICATION)

A P P L I C A N T ' S I D E N T I F Y I N G O O C U M E N T ( S )

•Cer t i f i ca l e o f Na tu ra l iza t ion or Ci i i zonsh ip

• Passport

• Drive r 's License

• O the r (S pec i f y ) :

No.:

Issue Oate:

Place of Issue:

Issued in Name of :

I D E N T I F Y I N G O O C U M E N T ( S ) O F W I F E / H U S B A N D T O B E I N C L UIN P A S S P O RT

Cer t i f i ca te o f Natu ra l - | ^ .i za i ion or Ci t izensh ip

Issue Oote:

•

• Passport

• Drive r 's License

• O the r (S pec i f y ) :

Place of Issue:

Issued in Name of :

1>U.S. Qovarnmint Prlnllng O flea i 1977—ZS1-S47/321*



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ENT O F STATED.C. 20520

I! il l li

imo

AN EQUAL OPPORTUNITY EM P LO YER

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PAMELA BARNETT'S ALTERNA TIVE WR IT FOR A EXPEDITED HEAR ING ONTHE MERITS OF EVIDENCE AND FOR CONTINUANCE IN SCHEDULING IN

RESPONSE TO BARACK OBAMA , OBAMA FOR AMER ICA DEMURRER TOPLAINTIFFS' PETITION FOR A WRIT OF MANDATE ani j RESTRAINT OF FUND

RAISING

Exhibit 9



I 1_/C4. VV J O J . V W C L 1 . L J C 4 ^ L 1 V ^ 1 1 C 4 .1 X U - L / L 1 W J L ^ 1 . X V / X

WEBSITE INF6RMATION I SEARCH SITE I HOtVlE

Lawyer Search

Lawyer Registration

How to Submiil; 3 RequestFor Investigation

Rules and Decisions

Ethics Inquiry Program

Publications

New Filings. HearinaSchedules and Clerk s Office

Client. Protection Program

Resources & Links

AROC OrganizationalInformation

LA WYER SEARCH: ATTORNEY'SREGISTRATION AND PUBLICD ISC IPLINAR Y REC ORD

ARD C Individual Attorney Record of Public Registration and PublicDisciplinary and Disability Infornnation as of March 4, 2010 at 1:15:21 PIVI:

Full Licensed Name: Baracl< Hussein Obama

Full Former name(s): None

Date of Admission asLawyer

by Illinois Suprem e Court: December 17, 1991

Registered BusinessAddress:

Not available online

Registered Business Phone: Not available online

Illinois Registration Status: Voluntarily retired and not authorized topractice law

Malpractice Insurance:(Current as of date of

registration;consult attorney for furtherinformation)

No malpractice report required asattorney is retired.

Public Record of Disciplineand Pending Proceedings: None

Check carefully to be sure that you have selected the correct lawyer. Attimes, lawyers have similar nam es. The disciplinary results displayed aboveinclude information relating to any and all public discipline, court-ordereddisability inactive status, reinstatement and restoration dispositions, and

pending public proceedings. Investigations are confidential and informationrelating to the existence or status of any investigation is not available. Foradditional information regarding data on this web site, please contact ARD Cat (312) 565-2600 or, from within Illinois, at (800) 826-8625 .

ARD C makes every effort to maintain the currency and accuracy of LawyerSearch. If you find any typographical errors in the Lawyer Search informa tion,please email [email protected]. For changes to contact information,including ad dress, telephone or employer information, we require that theattorney subm it a change of address form. Please consult our AddressChange Requests page for details. Name changes require the filing of amotion with the Supreme Court. Please consult our Name C hange Requests

^ A r\ r\ ^ y ^



page for details.

[ Return toSearch ]

TARDC ®:online access to registration and discipline

information regarding Illinois lawyers

presented by the Illinois Attornev Registration &

Disciplinary Commission,

Lawyer Search | Lawyer Registration | How to Submit a

Request For Investigation

Rules and Decisions | Ethics Inquiry Program |

Publications

New Filings. Hearing Schedules and Clerk's Office | ClientProtection Program

Resources & Links | ARDC Organizational Information

Website Infonnation I Search Site I Home






RAISING

Exhibit 10



C h a p t e r 3 - N eve r Ve t ted

O b a m a N e v e r V e t te d fo r C o n s t i t io n a l R e q u i r e m e n t s

o r E v e n H is L e g a l Rigl i t to Worli in the 1/.S„,Was it Requ ired?

f In t roduct ion-

f No Congressional Enforceable Requirem ent (Law) to Vet

Constitutional Qualif ication of President/Vice President Elect

f The 111^^ Congress and Electors Never Vetted Obama'sConstitutional Qualif ication

f No Federal Agency Ve tted Obama

y No State Secretary of State or

Election Official Vetted Obama

•f No

f U.S. President and Se nator

y I l l ino is State Senator w asn 't ve tted

Con clusion No One in any Official Capacity Has Seen Proof

of Natural Born Citizenship or any type of Citizenship



The following Chapter provides very strong evidence that Barack Hussein

Obama has NEVER had any of his official records viewed by anyone in any official

position in the U.S. federal government or state governments regarding his birthplace, citizenship, and possible criminal activ ity. The reason why Obam a's records

have not been viewed by Congress or a federal govern me nt agency is that th e re

is n o e n f o r c e a b l e C o n g r e s s i o n a l r e q u i r e m e n t f o r v e t t i n g t h e C o n s t i t u t i o n a l

q u a l i f i c a t i o n s o f P r e s i d e n t / V i c e P r e s i d e n t E l e c t s o r a n d n o d i r e c t e d

pu nis hm en t for n ot ve t t i ng a Pre s ide nt E lec t . My evidence was proven to be

true by a report leaked in the Fall of 2010 from the Congressional Research.

If Congress does not do its job to vet a President Elect, the only way to obtain

justice for the Constitution is to go to the branch of government not involved with

the election of the President elect - the Judicial Branch - federal court or theSuprem e Court or possibly a state court. Some states have rem oved not

constitutionally qualif ied candidates from the Presidential ballot in the past

(California) but failed to investigate Obama's records even though complaints and

even lawsuits were fi led by concerned citizens. The failed results of this avenue are

addressed in my Obstruction of Justice chapter and include Obama's Supreme Court

nominees Justices Elena Kagan and Sonia Sotomayor who did not recuse

themselves on 3 cases challenging the eligibil i ty of Obama and ultimately their

judgeship legality .

The hypothesis supported by my research and the Congressional Research XXX,

is that Not one mem ber of Congress, E lector of the Electoral College, any

state Democratic of Republican party, federal government agency

employee including the FBI, Secretary of State, state election board

official, judge or state attorney general across the country has ever seen

Obama 's original birth certificate or other Pres idential qua lifying

docum entation regarding Obam a. In addition, no state or federal agency

while he was Illinois State Senator, U.S. Senator and now President of the

United States required Obam a to provide proof that he is able to work

legally in the country.

Theoretically, Obam a could be an illegal alien.



f No En f or ce ab l e Re qu i r em ent

to V e t P r e s i d e n t / V i c e P r e s i d e n t Elec t -

th e l l l ' * ^ C o n g r e s s a nd Elec to rs Fa i led t o V e t O b a m a ,

but 110^" Vetted McCain

F e d e r a l VettingHR 1503 was introduced by Representative Posey(but not even brought to a

vote) and would require a candidate be vetted for meeting the Presidential

Constitutional requireme nts before being placed on the ballot. By ha v in g to

introdu ce this bill^ it p rov es a lack of a cur ren t enforceab le vetting process

which requires "proof" of Constitutional qualif ications, not hearsay or insufficient

evidence by a candidate l ike Obama.

The Constitution gives Congress the opportunity for vetting a President and Vice

President Elect and to the states through the Electoral College and ballot control.

20*^^ A mendment

Section 3.

I f , a t the t ime f i xed for the beg inn ing o f the term of the Pres ident , thePresident e lect shal l have d ied , the Vice President e lect shal l becomePres ident . I f a Pres ident sha l l not have been chosen before the t ime f i xed for

the beginning of h is term, or i f the President e lect shal l have fa i led toqual i fy , then the Vice President e lect shal l act as President unt i l a Presidentsha l l have qua l i f ied ; and the Congress may by law prov ide for the casewh ere in n ei th er a Preside nt e lect nor a Vice President e lect shal l ha vequa l i f i ed , dec lar ing who sha l l then ac t as Pres ident , or the manner in whichone who is to act shal l be selected, and such person shal l act accordinglyunt i l a President or Vice President shal l have qual i f ied.



12^*" A m en dm en t

The electors shall meet in their respective states and vote by ballot forPresident and Vice-President, one of whom, at least, shall not be aninhabitant of the same state with themselves; they shall name in their

ballots the person voted for as President, and in distinct ballots the personvoted for as Vice-President, and they shall make distinct lists of all personsvoted for as President, and of all persons voted for as Vice-President, and ofthe number of votes for each, which l ists they shall sign and cert ify, andtransmit sealed to the seat of the government of the United States, directedto the President of the Senate;--The President of the Senate shall, in thepresence ofthe Senate and House of Representatives, open all thecert if icates and the votes shall then be counted;—the person having thegreatest number of votes for President, shall be the President, if suchnumber be a majority of the whole number of electors appointed; and if no

person have such majority, then from the persons having the highestnumbers not exceeding three on the l ist of those voted for as President, theHouse of Representatives shall choose immediately, by ballot, the President.But in choosing the President, the votes shall be taken by states, therepresentation from each state having one vote; a quorum for this purposeshall consist of a member or members from two-thirds of the states, and amajority of all the states shall be necessary to a choice.

A r t i c l e 2 , S e c t i o n 1

The executive Power shall be vested in a President of the United States of

America. He shall hold his Off ice during the Term of four Years, and,together with the Vice-President chosen for the same Term, be elected, asfol lows:

Each State shall appoint, in such Manner as the Legislature thereof maydirect, a Number of Electors, equal to the whole Number of Senators andRepresentatives to which the State may be entit led in the Congress: but noSenator or Representative, or Person holding an Office of Trust or Profitunder the United States, shall be appointed an Elector

The Congress may determine the Time of chusinq the Electors, and the Day

on which they shall give their Votes; which Day shall be the same

throughout the United States.



The electoral college has never formally vetted a President elect's Constitutional

qua lifications befo re. Electors are appointed by a party w ith the intent and by state

law, for them to vote the party l ine regardless of the candidate's legal

qua lif ications . Tw en ty-fo ur states have laws tha t require the elector to vote the

party l ine. When an elector does not vote for the ir party's candidate they are

referred to as a "faith less " elector. According to research done by Saint Leo

University there have only been 156 faithless votes in our cou ntry's histo ry. A

Supreme Court ruling allowing states to empower polit ical parties to require formal

pledges from Presidential Electors (Ray v Blair, 343 US 214) further takes away any

discretion of the elector to vote his conscience. For exa m ple, even if an elector

believed his party's candidate may be ineligible, he would feel pressured to vote the

party l ine or be replaced.

An effort was made by a group called Democrat Disaster to inform every Democrat

elector in the county that there was a potential problem with Obama's eligibil i ty.

The letter asked the m to take action on inves tigating the m atte r furth er. All letters

were sent certif ied mail and not one Democrat elector called for an investigation.

You can read more about this effort in the Citizen Activism chapter.

As demonstrated by the first document from the Office of Personnel

Management, responsibil i ty for vetting a President-Elect l ies with Congress.

However, California has in the distant past removed a Presidential candidate fromthe ballot for not mee ting the age requirem ent. California did fail to vet Obama for

the 200 8 ba llot as did all of the othe r secretaries of state . This is said with 10 0%

confidence because not one SOS has claimed to have seen Obama's long form birth

certif icate . This web site also has letters/e ma ils from all of the Secretaries of State

that confirm they are not responsible for vetting Presidential or other federal

candidates. ht tp: / /saveourr iqhts.wik ia.com/wik i /Vet t inq Candidates



Many Secre tar ies o f S ta te were sued to vet Obama, but they a l l sa id they had

no duty to ve t a Pres ident ia l cand idate - some sa id that i t was the par ty 's

respons ib i l i t y . Many ema i ls were ob ta ined tha t con f i rme d these s ta te m en ts . The

DNC fa i led to ans wer my requ ests for proof they vet t ed Ob am a. E lec tors cou ld

have ac ted by no t g iv ing the i r vo tes o r by hav ing an inves t iga t ion pe r fo rmed , bu t

fa i led to do so. Som e Repre senta t ives and Sena tors say i t 's the cour t 's jo b to vet

Obama 's Cons t i tu t iona l qua l i f i ca t ions and Jus t i ce C la rence Thomas in Congress iona l

tes t imony recen t ly h in ted tha t the cou r t was avo id ing the Obama e l ig ib i l i t y i ssue .

So c i t izens, many o f them veterans or current ly serv ing in the Reserve, had to ac t

when ou r gove rnmen t fa i led to do so by f i l i ng lawsu i ts and c r im ina l comp la in ts

aga inst Obam a for not be ing Co nst i tu t iona l ly qua l i f ied . Not one laws u i t was

successfu l a t ge t t ing access to Ob am a's v i ta l records ( the DOJ and p r iva te

at torneys represented Obama to b lock h is records) or hav ing a cour t make a ru l ing

whether he is a Natura l Born C i t izen under the in tent o f the founders and accord ing

to SCOTUS and o ther federa l ru l ings.

Obama's c i t izensh ip and b i r th cer t i f ica te were a lso not ve t ted whi le he was an

I l l ino is S ta t e Se na tor ; so Am er ica on ly has Ob am a's and Ch iyom e Fuk ino 's (Hawai i

Hea l th Dep ar tm en t D i rec tor hearsay that he was born in the Uni ted Sta tes . Once

d iscove ry i s ob ta ined on Obam a 's b i r th loca t ion and pa ren tage , and whe the r he

current ly is a lega l c i t izen, a federa l cour t o f law can make the f ina l determinat ion

on h is lega l i ty o f be ing the POTUS/CINC.

THE SIMPLE FACT IS THAT NO ONE IN THE ILLINOIS STATE OF FEDERAL

GOVERNMENT HAS SEEN AN ORIGINAL HAWAII BIRTH CERTIFICATE AND NO ONEIN GOVERNMENT HAS EVALUATED AND RELEASED HIS CITIZENSHIP STATUS FROM

THE TIME HE WAS BORN UNTIL CURRENT TIMES.

OBAMA COULD NOT BE LEGALLY QUALIFIED TO WORK IN THE UNITED STATES.

NO ONE KNOWS THE CITIZENSHIP OF OBAMA EXCEPT THE DEPARTMENT OF

HOMELAND SECURITY WHO WILL NOT RELEASE IMMIGRATION RECORDS ON

OBAMA'S INDONE SIAN NAME - BARRY SOETORO aka Soeba rkah ( f ro m h is m oth er 's

pass por t record s) . Th is is covered in the Obs truc t in g Justice Cha pter .

Th is le t te r was a response f rom a FOIA request that the author had submit ted

ask ing whether federa l ly e lec ted o f f ic ia ls (Pres ident , V ice Pres ident , Senators and

Respresen ta t i ves ) had to undergo backg round checks be fo re o r soon a f te r tak ing

of f ice . Th is is the m ost shock ing o f a l l o f the docu m ent s that I have ac cum ula te d

regard ing the ve t t ing p rocess .



UNITED STATES OFFICE OF PERSONNEL MANAGEMENT

Washington. DC 20415

February 2,2010

Ms. Pamela Bamett

Dear Ms. Bamett:

This is in resjxjnsc to your inquiry of January 13, 2010, concerning your request fo r informEition

on elected officials. Yo u asked i f background investigations were conducied on elected Federal

officials, including the President, Vice-President, Senators, and Representatives, before or soonafter they are swom into office.

Background investigations are not conducted on elected Federal officials before or alter they arc

swom into office. The United Sates Constitution covers the election and swearing in process fo r

Federal Govemment officials.

I f you have any questions or need further a.ssistance, pleasecontact me at (724) 794-5612.

Sincerely,

Colleen CrowleyExecutive Program Miboager

Policy, Research, and Agency Support

Federal Investigative Services

The following documents had prompted my request for the previous document.

It is from the Office of Personnel Management (Federal Employees) webpage which

discusses who must pass a background investigation. I ron ica l l y OPM requ i res



i n v e s t i g a t i o n s o f W h i t e H o u s e s t a f f w o r k i n g f o r t h e P r e s i d e n t ^ b u t d i d n o t

r e q u i r e t h a t t h e P r e s i d e n t , V i c e P r e s i d e n t , S e n a t o r s o r R e p r e s e n t a t i v e s b e

i n v e s t i g a t e d b y a n y o f t h e a g e n c i e s t h a t p e r f o r m b a c k g r o u n d

i n v e s t i g a t i o n s - i n c l u d i n g t h e F B I . C o n s e q u e n t l y , O b a m a d i d n o t u n d e r g o

a background check as a U .S . Sena to r o r f o r t he Of f i ce o f t he P res iden t .

(Documents appear on next page and pages 2 and 3 ofthe document are left out

for brevity. Underl ining done for emphasis by autho r.)

The OPM claims pride in safeguarding the country as a result of the background

checks the perform, but who is checking on the federally elected officials?



OflFice of Personnel Management (OPM) Page 1 of 4

U.S. Office of Personnel Management

Ensuring the Federal Government has an effective civilian workforce

G EN TIR AL QUESTIONS A ND ANSWERS

ABOUT OPM BACKGROUND INVESTIGATIOiNS

Ma y 2002 IiVV-020

Why does OPM investigate Federal applicants, employees, and contractors?

The interests of national security require that all persons privileged to be employed in the departmentsand agencies ofthe govenunent shall be reliable, tnistworthy, of good conduct and character, and of

complete and luiswerving loyalry to the United States. This nieans that fhe appointment of each civihan

employee in any department or agency of the govemment is subject to investigation. The scope oftheinvestigation will vary, depending on the nauue ofthe position ajid the degree of hann that an individual

in diat position could cause.

The requirement to be investigated applies whether or not tlie position requires a security clearance (in

order to have access to classified national secmity infonnation).

I am being considered fo r a Federal job and have been given a personnel security' questionnaire.

It's very long and usks a lot of personal questions. Do 1 have to answer all the questions on thc

form? Much of that information is already on my resume.

Yes. The resume is part ofthe application process. Tlie Security Questionnaire is part ofthe

investigation process. A ll of tlie security questionnaire questions should be answered fully, accurately,

and honestly.

What will happen i f l refuse to give you some ofthis personal inforniation?

The investigation is a job requirement. Providing the infomiation is vohuitaiy, but if you choose not topi ovide the required infonnation, you will not meet the requiienieiits of the job and will tlierefore not be

considered fiulher. If you are aheady employed by the Federal govenimeut, your appointment will betenninated. The courts have upheld this principle.

What should I do i f l remember something later, after I've filled out thc f o rm and returned il?

Imniediately notify the secmity officials towhom you submitted the questionnaire.

I don't want everj'body reading my personal inforniation; who sees this information?

The only persons authoiized to see your personal infonnation are Personnel Seciunty, Suitability, andInvestigations professionals who have been investigated at the appropriate level and who have a genuine

and demonstiated need for access to the infonnation.

I' m not a criminal. Why do you want my fingerprints?

So that we can verif y yoiu- claim that you're not a criminal by checking the FBI's fingeipriiit files.

http://www.opm.gov/Pioducts and Services/Investigatioiis/FAQs.asp 1/8/2010



Office of Personnel Management (OPM) Page 4 of 4

investigation aud clearance will fingeipriutyou.

Doesn't the FB I conduct all Federal background investigations'

Notice that POTUS, VicePOTUS,Senators and Representatives arenot includedon this list that requiresFederal Background Investigations.This causedme tosendaFOIA to

the OfficeofPersonnelManagementfor verification.

Tlie U.S. Office of Personnel Management, the Department of Defen.se. and a few other agencies share

this responsibility. Tlie FBI mostly conducts investigations on the following: Hiah level Presidential

appointees, cabinet officers, agency heads and staff who may work at the White House directly for the

President.

Many contractors say that a security clearance is needed to apply for their jobs. How can I get a

clearance in advance so I can apply for these jobs? Can I pay for it myself?

The Office of Personnel Management has no procedure for an individual to independently apply for an

investigation, positions maiutauied by conhactor, or security clearance. Clearances are based on

investigations requestedby Federal agencies, appropriate to specific positions and tbeir duties. Until a

person is offered such a position, the govenunent will not request or pay for an investigation for a

clearance. Once a person has been offered a job (contingent upon satisfactoiy coiupletion of auinvestigation), the govemment will require the person to complete a Standard Fomi 86, Questionuaue

for National Security Positions, initiate the investigation, adjudicate die resulls, and issue the appropriate

clearance.

We know that some Defense Department contractors requue applicants to aheadyhave a clearance, and

they have the right to administer their personnel hiring proceduies Ihe way they want as long as they

don't discriminate based on prohibited factors (such as race or religion). Persons who already have

clearancesare those who are already employed by a government conU actor (or by the government itself)

and are looking for other job opportimities.

How long does a background investigntion take?

The timeliness of a background investigation depends on the type of investigation conducted. Depending

on die type of backgiound uivesligation, the scope ofthe investigation may require coverage for specificitems.

Tlie need for a secmity clearance may affect the time period in which an investigation is completed.

Each backgioimd investigation requires that certain areas are covered before an investigation is

completed.

U.S. Officeof Personnel .Management 1900 E Street NW, Washington, DC 20415 | (202) 606-1800

I TTY (202) 606-2532 "

littp://www.opiii.gov/Piodiicts and SemcesAnvesfigations/FAQs.asp 1/8/2010



Investigations Page 1 of 1

U . S . Office of Personnel Management

Ensuring the Federal Govenunent has an effective civilian workforce

Investigations

The OPM states "We take pride in

our team and the role we play in

protecting die public tmst and

safeguarding our Nation." Wlio is

to safeguard the American citizens

f rom potentially dangerous

federally elected officials?

Featured Pages

Select One

Part of OPM's mission is lo protect merit system liiring princinles:ensm'e the suitability o f Federal

applicants, employees, and appointees: and conduct National Seciirit\' Investigations on individuals who

work in positions that require access to classified infomiation.

OPM conducts backgioiuid investigations for most Federal agencies and dieir contractor. Oiu' histoiy

began with the creation ofthe Civil Service Coimnission (CSC), which was charged wid i ensmniig die

fitness of Federal employees. In 1953 President Eiseidiower signed Executive Order 10450, which gaveOPM (then known as CSC) die authority to manage the Federal govenuiieut's pei"somiel seciuity program.

Cunently, we have a contractor workforceof appro.ximately 6,000 field investigators and support

persomiel. We also have a Fedeial workforce of approximately 2,000, including field investigators and a

support staff tliat oversees investigative work, and develops and implements policy.

Wliat is the result ofthis dynamic combination? A higlily-trained, motivated, and professional workforce

that represents the veiy best of die Ameiican work ethic. We take pride in our team and die role we play in

protecting the public tmst and safeguarding our Nation. We are coimiiitted to providing our Federal

agency customers with excellent sei-vice, premiimi investigation products, aud uidustiy-setting timeliness.

I f y o u would like to know more about the backgromid investigation process, please Select this link for

some commonly asked questions. I f you have applied for a position with a federal agency or contiactiiig

firai that requires a backgi'ound investigation by OPM and have au additional qi)estiou(s), please reviewthe fol lowing:

• You should first contact die local secmity or himian resources off icial at the sponsoring agency or

fimi to which you are applying.

• I f you are applying to a position that is sponsored by the Depaitment of Defense (DoD), you may

also call the DoD Secmity Services Center at 1-888-282-7682.

• I f you are an applicant with access to e-QIP and need assistance, please Select diis link to be

directed to the e-QIP gateway page.

I f y o u work for a Federal agency and would like to know what investigative products aud services are

available to you, please call (202) 606-1042 and you will be directed to yoiu designated Investigation

Progiam Specialist or Select this link to send us au email.

For infomiation ou our new automated personnel secmity fomis, send an email to e-ciip(?i)opui.gov.

U.S. Office of Personnel Management 1900 E Street NW , Washington, DC 20415 | (202) 606-1800 j Q

T TY (202) 606-2532

http://w\v\v.opm.eov/Products and Services/Investigations/ 1/8/2010



This ennail from Re presentative McClintock's office also supports the fact that no

birth certificate or 1-9 Form are required to start working as U.S. Representative or

Senator. Consequently, the current acting President could be an illegal alien and

not legally able to work in the United S tate s and we wouldn't know it. If Congr e ss

d o es not do their iob of enforcing the Consti tut ional reauirements for

PO TUS . Vice PO TUS . Se nators and Re pres enta t i v es , there very we l l cou ld

be non-ci t ize ns work ing a s our e lected federa l of f ic ia ls .



Print Paae 1 of 2

From:

T o: [email protected];

Date: Thu, March25, 2010 9:22 :02 A M

C c:

Subject: Re: Constitutional Requireinents

Thank you for all of your assistance. I will fully read theattachment that youhad sent to me - so far it is very eye opening.

Sincerely, Pamela Barnett

F ro n^^^^îan^^^^^^^^^^^^^D^^Qa I. h 0 use. g 0 V >

T o : i H H ^ ^ ^ ^ ^ BSent: Thu, March 25, 2010 9:11:57 AMSu bje ct: RE: Constitutional Requirements

Ms. Bamett: Membereof Congress do not have to f i l l out au 1-9 or imdeigo a backgioimdcheck. I've attachedaCongiessioual Research Sei'vice report which gives useful backgioimd ou the coiistimtioual requiiemeuts forserving iu Conaess.

Sincerely,

Win

From: ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ H B H o ^ ^ lSent: W ednesday, March 24, 2010 6:34 PMTo : Dunham, WillSub ject: Re: Constitutional Requirements

Thanks Mr. Dunham. I really appreciate your time. Please answer the followingclarification questions that I have.

Can you please be more specific on what type of documentation Rep. TomMcClintock had to provide toprove his identity to receive hispay and benefits?Was it the documentation that is required on the Federal Form 1-9?

Did anyone inany official federal capacity vet Rep. McClintock's Constitutionalqualifications?

Is there a requirement that Federally elected officials - Senators,Representatives, and the POTUS have their Constitutional qualifications verifiedby a federal entity other than Congress?

You didn't mention an employment process that Rep. McClintock had to undergoonce elected, so I am assuming there wasn't a "new hire" employment process orbackground check. Is this correct?

htlp://iis.ingl.iiiflil.yalioo.co iii/dc/laiiiich?.g.\=l& .raiid=0f4ii4fallviiqa 9/1/2010



Print Page 2 o f 2

T h a n k s a g a i n .

Sincer e ly ,

P a m e l a Barnet t

BTW, this ha s nothing spec ifically to do with R ep . McC lintock sp ecific ally. I wantto better u nde rsta nd if there is or isn't a fal l-bac k vett ing of sorts, if C o n g r e s s failsin their duties .

F r o j j ^ ^ ^ | ^ j ^ ^ ^ y ^ | j | y ^ | j j j j i @ m a i l . h o u s e . g o v >

S e n t : W e d , M a r c h 2 4 , 2 0 1 0 2 : 4 8 : 11 P MS u b j e c t : R E : C o n s t i t u t i o n a l R e q u i r e m e n t s

Dear M s. Bamett:

I am w r i t i ng i n lesponse to your i nqu i i y regarding whar constimtional reqiiiremenrs Rep. McC lintock was

required lo f i i i n i l in order to be swom Lu as a member o f tlie House o f Represenlalives.

Th c constitutional requirements f o r service in thc House o f Representatives, w hich Rep . McCl in tock f u l f i l l e d ,

come f r om Ar t i c l e 1 . Section 2 of the Constimtion: "N o Peison shall be a Representative w ho shall no t have

attahied to tlie Age of Iwenly five Years, an d been seven Years a C i l i ze i i oflhe United Stales, and who shall not .when elected, be an Iiiliabitant of tliat State in whic h he shall be chosen." Addi t i ona l ly , i n order to receive his payan d benefits. Rep. McClintock was requiied to ver i fy his ident i ty.

Thaj i k you f o r w r i t i ng .

Sincerely.

W i l l D i i u l i n i i i

Legislative Assistant

Congressman Tom McCl in tock (CA-04)508 Cannon House O f f i c e B u i l d i n gTel (202) 225-2511

Fax (202) 225-5444

http://iis.iiigl.mail.yahoo.coin/dc/launcli?.gx=l&.rand=0f4n4 f a l l vnqa 9/1/2010



This on ly le f t the ve t t in g o f Obam a to Congress. D itd the y vet Obam a? No, they

d id not . The press had the opt io n to vet Oba m a, but fa i led to do so as w e l l .

Congress vet ted Senator John McCain w i th Senate Reso lu t ion 511 and McCain

prov id ed a copy o f h is or ig ina l Panama b i r th cer t i f ica te . The y howe ver d id noth ing

to invest igate Obama even though he fa i led to prov ide an or ig ina l b i r th cer t i f ica tefor the i r v iew ing and ad m it te d th at he had a fore ig n c it izen fa th er . No one in

Congress has ever repor ted to have seen a cer t i f ied copy o f Obama's or ig ina l b i r th

ce r t i f i ca te . You w i l l see the com mo n them e o f fa i li ng to ve t Obama 's Cons t i tu t iona l

qua l i f i ca t ions p roper ly .

As ev ide n t in Congress 's pass ing un -C ons t i tu t iona l laws , the m em bers do no t

unders tand or care about upho ld ing the Const i tu t ion espec ia l ly the NATURAL BORN

CITIZEN re qu i rem en t to be POTUS. I t is not a surpr ise tha t even Sen ator D iane

Feinste in on ly s ta tes Obama is a c i t izen and makes no s ta te m en t tha t Obam a is a

NATURAL BORN CITIZ EN. Fe ins te in and man y o ther congres sm en a lso say Ob am ais qua l i f ied because o f the 14"^ Am en dm ent eve n though tha t ame ndm ent makes no

re ference to Natura l Born C i t izen.

Othe r Congressmen repea ted ly re fe r red to Obama 's on l ine Hawa i i Ce r t i f i ca t ion

of L ive Bir th as proof he was born in Hawaii and proof he is a Natural Born Cit izen.

I t is f r ig h te n in g th at Am er ica 's leaders wo uld be so na ive in the age o f a l te r ing

on l ine pho to images and p roduc ing fo rged b i r th ce r t i f i ca tes .

Som e Cong ressm en jus t say that he is qua l i f ied be cause he is a "c i t iz en " and

comple te ly ignore the Natura l Born C i t izen requ i rement such as Senator D iane

Feinste in who is both on the In te l l igence and the Jud ic iary commit tees. Some a lso

re fe rence the unsworn s ta ten ien t o f D r . Ch iyome Fuk ino , o f the Hawa i i Depar tmen t

o f Hea l th as ev idence when she does not have the qua l i f ica t ions to make the

determinat ion o f whether Obama was born in Hawai i o r i f he is a Natura l Born

Ci t izen. Recen t ly , Hawai i Go vern or Ab ercro m bie s ta ted pub l ic ly th at he cou ld not

f ind or produc e an or ig ina l long form b i r th cer t i f ica te for Obam a - so th is me ans

that Fuk ino l ied when she had seen an or ig ina l b i r th cer t i f ica te and many in

Congress and mi l l ions o f c i t izen re l ied on her unsworn s ta tements .

A lso an em ba rra ssm en t to our coun try is tha t U .S. cong ressm en re l ied on on l ine

and po l i t ica l o rgan izat ions for "proof" tha t Obama is lega l ly qua l i f ied to be POTUS.

The fo l low ing le t te rs w i l l fu r the r prov e that Congress NEVER VETTED Oba ma .

NOT ONE PERSON IN CONGRESS SAW A REAL BIRTH CERTIFICATE FOR OBAMA. A

b i r th cer t i f ica te would be the s tar t i ng po in t to es tab l ish Natura l Born C i t izen sh ip .

To note , head o f t h e DNC Nancy Pe los i, who endo rsed Obam a as be ing

Co nst i tu t io na l ly qu a l i f ied , fa i led to respon d to my le t te rs and em ai ls . Sen ator



McCain also failed to answer some of his consti tuents in writing regarding the

eligibility issue.

S f i L f i C T C O \« M lTr £ E ON

DIANNE FEINSTEIN wrELuGe»cf.~CHAiniÂN

CQMMirrEC ON T H C J U Q i C i A f t T

United States SenateWASHINGTON, DC 20510-0504

http:/VJflinstein.senare.gov

February 2, 2009

COUwirrEE OiM RULESA N O

A U M T N t S r q A T l O i S i

Dear Mr. Barnett:

Thank youfor writing regarding President Barack Obama's qualifications to be President.I appreciate hearing from you and 1 apologize for the delay in my response.

Anicle 11. Section 1 of theU.S. Constitution specifies the qualifications for this executive

office. Itstates that no person except for a natural born American citizen iseligible to mn for

President of the United States. Also, the candidate must be at least thirty-five years ofage and

have resided in the United States for at least founcen years.

Presidenl Obama meets these constitutional requirements. He was born in Honolulu,

Hawaii, on August 4, 1961. According to the Fourteenth Amendment, all persons born in the

United States are considered citizens of the United States. Under these criteria. President

Obama. a 47-year old U.S. citizen, who has resided in the United States for longer than fourteen

years, is eligible to be President.

Once again, thank you for writing. I f you have any further questions or comments, please

do not hesitate to contact my Washington, D.C. staff at (202)224-3841.

Sincerely,

Dianne Feinstein

United States Senator

For information about my position on issues of concern to California and the .Mation or to

subscribe to electronic e-mail updates, please visit http //feinstein senate.nov/public/.

DF:jy



SHERROD BROWNOHIO

lamted mm SenateVi/ASHINGTON, DC 20.610

November 12. 2008

Deal- ~

Thank you for contacting me regarding Senator Barack Obama.

Senator Obama has provided several news organizations vvilh a copy of his bixth certificate,

showing he was born in Honolulu, Hawaii on August 4, 1961. Hawaii became a state in 1959,

and all individuals bofn in Hawaii after its admission are considered natural-bora United States

citizens. The same is true for individuals, such as Senator McCain, born in the Panama Canal

Zone.

Senate rules prohibit me f rom commenting on the political implications of your letter.

Thank you again for contacting me.

Sincerely,

SheiTod Brown


SBicw



JIM BUNNINGKENTUCKY

COMMIT recs :

T I N A N C E

E N E H G Y AME3 N A T U M A L

R E S O O H C E S

D A I N K I N G , H O U S I N G , A N D

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Mnittt} tatt& SenateWASHINGTON , DC 20510

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November 11, 2008

Thank you for contacting me regarding a perspn's eligibility to run fo r the President o fthe United States. It is good to hear from you.

The abilitN' lo receive United States citizenship is one ofthe core pillars in cur great

democracy. It is outlined in the Fourteenth Amendment ofthe U.S. Constitution and Section

301(a) ofthe Immigration and Nationahty Act (INA ) (8 U.S.C. Section 1401(a)), that a person

who is bom in the United States, subject to its jurisdiction, is a citizen ofthe United States

regardless of the race, ethnicity, or alienage of the parents. Additionally, according to the U.S.Constitution, only a natural bom citizen or a citizen of the United States of, at minimum, thirty-five years of age and fourteen years of United States residency, is eligible to run for die President

of the United States.

Ln regard to Senator Obama, tiiere is a federal lawsuit pending in Pennsylvania addressing

tliis matter. However, as a United States Senator, 1 camiot intervene in the legal process and

must defer to the courts to make the appropriate decision about this case.

Thanks again fo r contacting nie. I hope diis information was helpful. Plea.sc feel free tocontact me in the fiitu re.

Best personal regards,

JDVI BUNKINGUnited States Senator

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COMMITTEEONKM6RGY AND COMMERCE

SUBrOMWJTTEtS.

COMM ERCE. TR.M)E. AN D

CONSUMER F R 0 T S C T : 0 N

ENERGY AN O AIR QUAL ITY

OVERSIGHT AND INVESTIGATIONS

December 4, 2008

Thank you fo r contacting me regarding President-electObama. 1 have heard some ofthe

same reports that you mention about Mr. Obama. Of course, the voters have spoken pretty

clearly, and so now we vvill move on. I do expect that the news media and the proper authoritieswill look into any reports which have caused people concem, and that any evidence of legitimate

concern will be appropriately addressed. J will continue to monitor these issues closely, as well.

Representing thc First Congressional District in thc U.S. House of Representatives is

truly an honor. 1 recognize that my voice is only here in Washington to represent my

constituents. For this reason, your thoughts and opinions are o f critical importance. F sincerely

appreciate your comments and look foi-ward to hearing fi'om you in the future.

Sincerely,

Ed WhitfieldMember of Congress

P.S. I f y o u would like lo receive my monthly e-newslctter, plea.se sign upon my website at

www.whitfield.house.gov

EW : cf

-UlSTHICr OFFICES--

FiRST F L O O R

ldC3 SOUTM M*:N S T R L E T

HOf<iNS%'iLLE. KYd22fiO

i270> 635-8079

1800)328-5829

FAX: 1270) 585-850 6

SUITF. F

700 NciflTH M A I I U

TaMPKiNSvitLC. KY 4?lG7- lf- MJ

(270}407-9E03

FAX: (270)487-0019

SuiTi; 27.4

727 .înarSTTlcCT

HFNOrRf.OH. ICY 42420

[V70) a76-4180

FAX: I27DI a76-f i783

RCQM t04

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pAOUWit. KY 43001

12701 442- 6S0 I

FAX; (2701 447.6 805

WIPfTED ON RfcCrCLEO PAPER



RICHARD BURR

NORTH CAROLINA

lanitcfl States SenateWASHINGTON, 0C2GS10.3308

— — January 23. 2009

Thank you for contacting me about President-Elect Barack Obama's citizenship. I appreciate

knowing o f your concems. . . . • .

The Fourteenth Amendment ofthe U.S Constitution states that "all persons bom or naturalized inthe United States, and subject to the jurisdiction thereof, are citizens of the United States and o f

the state wherein they reside." Hawaii became a territory of theUnited States in 1898 and was

officially admitted as a State in 1959.

It is myunderstanding that President-Elect Obama has released an ofFicial copy of his birthcertificate, Since he was bom in 1961 in Hawaii, he is eligible under the Constitution to run for

and hold the office of President of the United States. In addition, President-Elect Obama's birthrecords have been certified and validated by the Hawaii Department of Health as well as by

experts from the University of Pennsylvania. The U.S. Supreme Court declined to hear the caseand agreed with the lower courts' rulings that the plaintiffs lacked standing to bring the legal

challenges questioning President-Elect Obama's citizetiship,

Again, thank you for contacling me. Shouldyouhave any additional questions or comments,please do not hesitate to let meknow or visit mywebsite at http://burr.senate.gov.

Sincerely,

Richard Bun-


RB:msf



(S.mgrBsa at ti?e United ^tatna

January 28,2009

Thankyou for contacting tne about PresidentObama's citizenship. I appreciate your

interest in this issue and your views are important to me.

As a Member of Congress, it isessential that I know my constituents' thoughts and

concems so I can best represent their interests in Congress. I will continue to watch this

issue closely going forward to detennine i f any Congressional action is necessary.

Once again, thank you for expressing your concemon this very important issue. Ienjoyed hearing from you. For more information on my views on other issues, pleasefeel free to visit mywebsite at http://connolly.house.gov.

Sincerely,

G«rald E. Connolly

Member of Congress11* District, Virginia

GC/ZF

PRINTED ON RECYCLED PAPER



JIM GERLACH 308CANNON HOUSEOFFKEBuiotNO

6T f O1STP.CT. P E N N S Y L V A N W WASHiNoroN. oc 20515

(202) 225-4315

HOUSE CoMMiiTEE OM FiMAN(3Ai Sc Pv ia s F*x: (2021 225-6 440

S u K O M M i m t ON C A P H A L M A K K E T S . ( M S U R A N C S AN D

GovrnNMiNT S P ON S OA FD EnTiRpntsES

SuscoMMUTcr ON FtNANCMi IN S TITU TION S AN O

CONSuMfffCREorr

HOUSI COMMITTte ON TRANSraftTAHON AMD iN'RASIRUCTUdt

SuDCOMMnrrr O N AvuitON

SuiCOMMimt ONHKIHWAVS ANO TtMMSIT

SuHCOMMIITEt ONRAH ROADS, PlPTLINES, ANO HA/AKXXiS

Congresfrt of tlje Winittti States;

l ouse of i epre£(entatibes[J : " : : ~ C . ^ . C . C mammton, ®£ 20515-3806

Dece-mber 4, 2008

Thank you for contacting meregardi'ng your concern with President-Elect BarackObama's citizenship; I appreciate theoppo'rtunity to respond.

Article Two of the Constitution stat'as: "Noperson except a natural born Citizen,or a Citizen of the U nited States, at the t ime of the Adoption of this Constitution shall be

eligible to theOffice of President; neither shall anyPerson beeligible to that Office who

shall not have attained to theAge of thirt>/-five Years , andbeen fourteen Years a

Resident within the United States."

Numerous claims have been ma de that Senator Obama does not rfieet thesequalifications because he is not a natu ral bom citizen. InJune, theObama campaignreleased a copy of his birth certificate confirming that he was born inHawaii in 1961,after it became a state onAugust 2 1 , 1959. Senator O bama therefore became a citizenat birth under the first section of the •'i4th Amendment which states that "all personsbo m or naturalized in theUnited Sta tes, and subject to the jurisdiction thereof, are

citizens ofthe United States and of theState wherein they reside."

I hope this information is rr^sponsive to your inquiry and please let me know if I

can be of any assistance to you or your family in the future.With kind regards, I am

Sincerely,

Jim G erlachMember of Congress

JG:KM

P.S. Please visit me on the intemet at ihttp://www.Qerlach.house.gov.

- DtSTmCT OFFICES: -

eaoNoiTH PARK ROAD MlE»si UwCHLANAVENWE 580MtiNSTREe SUITE4

WyOMosiNO, PA 19610 EXTON PA 19M1 THAFFE. PA 1M26

1610)376-7630 If.lOI 594-1115 16101403-27B0

FAX; 1610 376-7633 FAX: (610) S94-I419 FAX: 1610 403-798S



JEB HENSAflMNG ITeXAS, 5TM DtSTRKT f

CHAIRMAN,

REPUBLICAN STUDY COMMITTEE

dOMiMrrTEEs

BUDGET

FINANCIAL SERVICES

pn m of t t Wbxitth tattiWpmit of predmtatibesi

' Maft ins on, i3£ 20513

January 26,2009 .

Thank ypu fo t <îitj& rtiag nnlejwith yiour cphceiiis: about the President-elect I arack Obama's

eligibility tote pi«s|dfeiit. 14pi qi te:havlagthe benefit pf yowr views om bis issue.

Article II of the Constitution outlines the requirements aperson must posses s or have attained to

be eligible to beconie presid^ of tie United States. Specifically, it requires that the mdividual

be a natural born citizen, atleast 35 years ofage, and have lived in the United States for at least

the previous 14 yeaes

OI9TnCTOFnCES

6610 AORAMS ROAD

DALLAS, TX7S231

1211) 349-9996

702 EAST. caRSCANA Smeer• ATWENS.TX 76751

(903) 676-$2ea

.intiii!i»ai:c»u.7'n?o.RT* *« *' >.-'

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As you may know, |uriiig t le recent presidential campaign, some claimed

not a nat'twal bom cMzen as required by the Constitution, are thus not eligit^lJune, his campaign releasee a copy of his birth certificate which showed "Hawaii on Augu 4,1961. Hawiii'was admitted to the Union on August

50* state and makiiiig any person bom in tiie state on or after that date aAdditionally,several lawsuits haveibeen filed askmgcouits to review any c

citizenship. To date, no fe<|eral'co rt, includiiig the Supreme Court, has dei

truth to the allegatidns that iyroUld ddsqiiaiify Mr. Obama; ftom servingas president,

Mr. Obama was

eto'be president' Inhe had been bom in

, 1959, making it our

natural bom citizen.

ballenges to his

decided that there is any.

Thank ybii again fay cpnta? tingime; I appreciate having the opportunity to

United tat«S;H)

Yours respectfiilly,

; HEjMSARLINI^Member of Congress

JH/RS ' • • ' I

serve you in the

i •132 CANNON HOUSE OFFICE BUILPN Q.WASNINCT ON. DC 20619 •» (2021229-3481 *- wiAw,hlousa.govmi)raarlms



STEVE KINGSnt CtsmcT. tcijk

Jlinuary29, 2009

COMMirrEES:

AGRICULTUHE

JUDICIARY

POUCY

SMALL BUSINESS

Dear3

Thank you for expressing your concern about the legitimacy of President Barack Obama's United States

citizenship. I appreciate you taking the time to express to me yoOT thoughts on this important matter.

Wliile I do not understand why President Obama has refused to. produce evidence to clear up this

question, my office has discovered confirmation that puts die question to rest. You unil find attached acopy o f PresidentObama's birth aimouncement Ln thc Honolulu Advertiser, dated August 13, 1961.Thisshows that President Obama was bom in the United States and is therefore an American citizenunder tiie 14* Amendment to the United States Constitution.

Please feel free contact me in the iliture i f you have addilional comments or concerns. I enjoy hearing

from you.

Sincerely,

Steve KingMember of Congress

SK\GN

cQUHCt. auuFTs or nc e*Q PCARISIFEE:

COUKQL BLt^^f S. MSlSOS(TiSjMS-TStW

FAJC: i^^7)33S•t^95 FAX: (MI] n^3<07 FAX: ITI?] Z4-*eea ^îTizssassyt

Slum LAKE QfPOE VAwvsTajt. ojc omce800CnaO.A ST. SUITE A I ITS i.WGVfOnT>1



JOSSPH I UEBEHMAN Omui Buumt

Ha^^^ri.»^Â..c^„«^-,A.«..^ lanital States ^mmWASHINGTOH DC 20S1(M>T03 F I I ^ ^ ^ ^ I M O E

January 21.2009

Thank you for your ecentnquiry regarding President Barack Obama's place ofbirth.. .. . . . . . . . . . .

According lo infonrnatior> provided to me by his former Senate office. PresidentObama was bom in Hawaii on August 4.1961. A copy of his birthcertificate has beenmade available to the public, and you can view this documenl by visiting the followingwebsite; http.7Avww.factcheck.ofq/Bteclions-200aflbom in the usa.html. Ismwssaw.that therewere lav/suits brought challenging the authenticity of his birth certificate sndother related issues, but in each case those allegations were disnussed or weredetemiinod to be false.

1 hope you find this helpful and that you vuiilnot hesitate to let me know if I can beof any ass is^n ce on issues pending before Congress.

Thank you again for sharing your views and concems with me. I hope you wiflconUnue to vis it my website at http://llebennan.senate.gQy for updatednews about mywotit on behalf of Connecticut and the nation. Please contact me if you have anyadditional questions or comments about our work in Congress.

Sincerely,

Joseph I. UebermanUNITED STATES SENATOR

JILrbg



S A N FOR D D. BISHOR JR.

SECOND DISTRICT. GEORGI A

COMMRTTEE ON APPROPRIATIONS

SUCCOMVrniES:Acfocuin i f tc

MOJTARV CONSmXIVKilVA

WASHraiTOMOFKCe

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February 6, 2009

(tSTKctorracs.

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AlQAMYTOKTRS, Sum] 114AlOANV. GA 31701

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Thank you forcontacting mc about thc qualifications of Barack Obam a to be elected

President of the United Slates, i appreciate hearing your views and welcome theopportunity to

respond.

As you may be aware. President Obama was bom at the Kapi'olani Medical Cenler for

Women & Children onA ug . 4, 1961 inHonolulu, Hawai i . At this time, Hawaii had been aU.S. state

for two years. TheFourteenth Amendment ofthe U.S. Constiiuiion slates, "Al l persons born or

naturalized in the United States, and subject to the juris dictio n thereof, are citizens of the United

States and of the State whe rein they reside ." President Oba ma's birth inHawaii alone conferred

upon him natural bom citizenship to thc Unilcd Slates.

On October 31,2008, the Director of Hawaii's Department of Health confirmed thatPresident Obama was in fact bom in Honolu lu . TheHeallh Dircctor personally verified that Hawaii's

Health Depanment holds the President's original binh certif icate. The existence and accuracy of th ebirth certif icale also was verified bythe non-partisan organization FaciChcck.org wh ich senl a

representaiive to Hawaii toanalyze thc birth c ertif icate inperson. Additionally, nine days after

President Obama's birth, abirth announcement was published in theHonolulu Advert iser on Sunday,

Aug. 13, 1961.

I appreciate your taking your limc tocontact me about this important issue. I trust that you

wi l l cont inue toshare your thoughts wi th me onother malters of concern. I f lmaybe of any further

assistance toyou, please do not hesitate tocall on me.

With warmest regards, I remain

Sincerely yours,

Sanford D. Bishop, Jr.

Member of Congress

[email protected] • www.house.gov/bishop fKNrto OH RccvtofD n>nft



JON KYL

iMrT-3:to< niL. .iJiLi.'.'iv

OMMn rtEON llN. ^J::l Ttliitted Senatev« t imi 'MGTON. DC 2(iSi C-OSCM

sjr j

.T4ftKar.THC

S" r i

tjcccinbei:-1, 20Q8

M r, Sxcpbcn Lumpkin

G lenJule.. Aiiiuiui^ 8 5308

Hear Mix Lumpkin:

Titanic yoit tor .yrmr fcccnt ismail.

Prt&ident-eleci Obama tnccts thc constltulianHl requirernecils fo? presjiiciitial otlHcc.

RURWIS p rtaJniilg to 5iis citizenshipsUilus hiive Seell ciircillati.i.ig on the Intc-met, and th i i

information kas been debunketl by Stldpes.conu.which invcstiijatr.s §ie IfulEi bellLnd Intcmct

rumurs. Tur icwre ULforJliauotl, yO'f.L may vsiii^^

littp:.'Vs!:iopas.c<)m.''[>n1iricA-'obEUTia.''dtizgn.a!5.T).

Aa for llie lepi cliaikngcK to the Prcsrd:?nt-t:ldct's titi2eiishjp. otic ot tbosc cp.scs is

peildi.Og before the Suprerric CourL

S i iK crc l y ,

JON K Y IUtlit<i(1 STati?s ScHAtoT-

And I thought that Congress was supposed to vet the President elect? Senator

Kyi seems to think that a married couple from California with no access to Obama'srecords is capable of vetting Obama. The site does have a disclaimer that you

cannot rely upon their non-legally binding opinions.



RICHARD SHELBYALABAMA

RANKINS MEMBER-COMMimE On BANKINO, HOUSING,

8i URBAN AFFAIRS

COMMiTTCeON APCnqpfuMIONS

RAHKINC MBMeER-SlinCOMMITTCIi OFI COMMERCE,

JusTiee, SciENcr. & RCLATEO AGENCIES

S>f rjAt, COMMrrrtc ON ACIFIO

110 HART SHNATC Orncc BUILDINUWASHINCION. DC 20510-0103

(2021 22'I-S744

hnp'Jfahclby.GanaiB.aovE-inail: [email protected]

flnitEd States SenateWASHINGTON, DC 20510-0103

January 29, 2009

Ms. T e r r i S t o r mP resi de n t/CEOS t o rm C o n s u l t i n g Group4 524 P ar k AvenueBessemer, Alabama 35022-4184

STATE OPFICES:

O ISOOFipm AvENUBl oRTM321 FEOEHAL BuilOIFtGBiRMiN-OMAM. AL 35203(205)731-1384

O HumSVI lIX iMTERNATONALAiRPO

1000 GI.FHN HE AHN BOULEVARD80X20127

HuNTsvitLB, AL 35B2<I

(256) 772-O^SO

O 113 S A W JOSCPH SmtlTI445 U.S, COURTHOUSbMoa:LE. AL 3S602(251)604-4164

O IB Lte STREET

FMJ FEDERAL BLOO, SUITE 208MoNTooMcnv. AL 36104(334) 223-7303

O 1110 GRCCKSOORO AVENUE. « 24 0TUSCALOOSA, AL 3S401(205) 759-5047

Dear Ms. S t o rm :

Thank you f o r t a k i n g thet i m e t o , c o n t a c t me about P r e s i d e n t - e l e c t

Barack Obama's c i t i z e n s h i p s t a t u s . I al w ay s a p p r e c i a t e h e a r i n g f r o m

my c o h s t i t u e r i t s .

U n d e r t h e U n i t e d S t a t e s C o n s t i t u t i o n , S e c t i o n 1 of A r t i c l e I Ic o n t a i n s a c l a u s e t h a t s t a t e s :

"No P e r s o n e x c e p t a n a t u r a l b o r n C i t i z e n , or a C i t i z e n of the

U n i t e d S t a t e s , at thet i m e of t h e A d o p t i o n of t h i s C o n s t i t u t i o n ,

s h a l l be e l i g i b l e to the O f f i c e of P r e s i d e n t ; n e i t h e r s h a l l any

P e r s o n be e l i g i b l e to t h a t O f f i c e who s h a l l nothave a t t a i n e d to

t he Ageof t h i r t y f i v e Years, and been f o u r t e e n Yea rs a R e s i d e n tw i t h i n t h e U n i t e d S t a t e s. "

Many have c o n t a c t e d me r e g a r d i n g thenurnerous claims and l a w s u i t s

c i r c u l a t i n g on the i n t e r n e t a s s e r t i n g t h a t Obama i s not a n a t u r a l b o r nc i t i z e n and t h e r e f o r e i n e l i g i b l e to become U n i t e d S t a t e s P r e si d e n t .However, P r e s i d e n t - e l e c t Obama has p r e s en t e d h i s b i r t h c e r t i f i c a t e ,

showing t h a t he was b o r n i n Ha w ai i , and i t has been v e r i f i e d and

c o n f i r m e d byHa wa i ia n o f f i c i a l s . A d d i t i o n a l l y , theSupreme C o u r t hasd e c l i n e d to a c t onany of thecases c o n t e s t i n g Obama's c i t i z e n s h i p .

On January 8, 2009, Members of C o n g r e ss were g i v e n the o p p o r t u n i t y to

c o n t e s t the issue i na j o i n t s e s s i o n of C o n g r e s s, butno sucho b j e c t i o n was r a i s e d d u r i n g them e e t i n g . By a l l a c c o u n t s .P r e s i d e n t - e l e c t Barack Obama meets th ose r e q u i r e m e r i t s . Please beassured t h a t I w i l l c o n t i n u e tom o n i t o r the s i t u a t i o n s h o u l d f u r t h e r

issues a r i s e .

Thank you a g ai n f o r c o n t a c t i n g me. I f I may beof any f u r t h e ra s s i s t a n c e , p l e a s e do n o t h e s i t a t e to c o n t a c t me.

S i n c e r e l y ,

R C S/st tR i c h a r d S h e l b y



JEFF SESSIONS coMMrrrEES=AUBAMA AHMED SERVICES

JUDiaARY

ENERGY AND NATURAL RESOURCES

BUDGET

lamtefl 3t9teB SenateWASHINGTON,DC 20510-0104

January 23, 2009

Mrs. Terri Storm

4524 Park Avenue

Bessemer, Alabama35022

Dear Mrs. Storm:

Thank you for your recent letter regarding President Barack Obama.

As you are aware, stories have circulated that call into question President Obama's

citizenship. Additionally, various lawsuits have been filed alleging that Obama is not a natural

bom citizen of the United States, and therefore is constitutionally ineligible for the officeof

president. However, in June 2008, President Obama released a digitally scanned image o f his

birth certificate,and Hawaii's Director of the State Department o f Health, Chiyome Fukimo, has

verified its authenticity.

As you may know, on January 8, 2009, Congress certified and tallied the Electoral

College results that verified President Obama's election as the next president of theUnited

States.

The office ofthepresidency should be held in high regard and the president treated with

respect, no matter who occupies the position. As we move forward, Americans should expect

Congress and the president to work together to find substantive solutions to the pressing issues

that our nation faces today.

Thank you again for writing. Please do not hesitate to contact me or a member of mystaff

i f we may ever be o f assistance to you.

Very truly yours.

jssions


JS:cd

PRINTED ON RECYCLED PAPER



Case 8:09-cv-00082-DO C-AN Docume nt 78-1 Fi le(j 10/01/09 Page l of 2

JEFF SESSIONS TON.>.' jrnu.s.ALfOAKA A.1;.m> FS Vi Xn

ratscv Ati) ;mx xn. a -r .'MS

lamted States SenateWASHINGTON, DC 20510-0104

December 16, 2008

Birminijham, Alabama 35213

Dear Ms.

Thank you for your recent letter regarding President-elect Barack Obama. I appreciateyour comments and welcome the opportunity to respond.

The Constiiuiion ofthe United States requires that all caiididales for the office of

President must beat least 35 years ofag e, natural born citizens, and residents in the UnitedStates for the previous 14 years. As you k now , stories have circulated that call into questionPresident-elect Obama's citizenship. To this end, lawsuits have been filed alleging that Obnma is

not a natural born citizen of the United States, and therefore is constitutionally ineligible for theoffice of Presidenl.

One of th e most highly publicized suits was filed by Philip B erg on August 21 , 2008, in

the U.S. District Court for the Eastern District of Pennsylvania. This suit was dismissed onOctober 24, 2008 , and Berg subsequently filed an appeal. The decision tohear the case is st illpending before the United States Supreme Court. A related suit, filed byLeo Do nofrio. wasrecently submitted tothe Supreme Court. On December S, 2008, the court declined to hearDono frio's suit.

Senate ethics rules preclude me from becoming personally involved inpending litigation.1 sincerely hope this matter can be fiilly and promptly resolved by the courts, in the meantime,please do not hesitate to contact me in the fiature should you have a question regarding an issueover which I have jurisdiction.

Thank you again fo r w riting . Your comments and suggestions are always welcome.

Very truly yours,

jefriiTssionsUniie d States Senator

JS:cd

PiCiTED ON RECYCIXD PAPER



: UNITED STATES SENATEWASHINGTON. DC 20510-010*

OFFICIAL BUSINESS

U.S.S.

PKSRT STP

Mr*TL TP I 3S2f3l . . l l . . l . l , „ l . | „ . | | „ | | , „ l , | . | „ | , „ i | , „ | i i | , „ | , ) „ | , | „ |



With all of the evidence uncovered regarding the lack of vetting of Federal

candiates on the ballot, I then thought that the states would be the same way and

my assumptions proved to be correct. The next emails and docume nts prove tha t

no one in the State of Il l inois in any official capacity was required to view a birth

certifcate for Barack Hussein Obama in his bid and election for the Illinois State

Sen ate. Obama w as also not required to com plete a Federal 1-9 Form to be able to

receive pay and benefits. Conse quently, again Obama could have been a non -

citizen or i l legal alien or non-citizen when serving as an Il l inois Senator which is

against the Il l inois Constitution and Il l inois election laws.



Gmail - FOIA Request fo r State Elected Legislators Page I of 2

FOIA R e q u e s t for State Elected Legis la tors

Mayer , G.Allen <MayerGA@mail . ioc.state.11.us> W e d , M ar 24 , 2010 at 8:06 AM

V I A E M A I L O N L Y

Dear Ms. Barnett:

The Illinois Office of the Comptroller (IOC) is in receipt ofyour Freedom of Information Act (FOIA)request concerning state legislators.

First, you may not realize that the Illinois FOIA does not require agencies toanswer questions.Rather, the FOIA requires agencies to make available non-exempt public records for inspection

and/or copying. The Il linois Courts have made this clear: "The Act does not compel theagency toprovide answers to questions posed bythe inquirer." (Kenvon v. Garrells. 540N.E.2d 11,1 3 (III.App. Ct 1989) Thenewly am ended Illinois FOIA also clarifies this: "Each public body sh all makeavailable to anyperson for inspection orcopying ail public records, except asotherwise provided inSection 7 ofth is Act..." (5 ILCS 140/3(a)) and "This Act is not intended to compel public bodies tointerpret oradvise requesters as to the meaning or significance of the public records." (5 ILCS140/3.3)

However, In the interests of a greater understanding of the IOC and itsoperations, please know that1) the IOC does not have any role indetermining the eligibility of elected members of the Illinoislegislature and 2)elected members of the Illinois legislature docomplete a nd file IRS form W-4withthe IOC in order to process the State Officers payroll. Please beadvised that the individual IRS W-4 forms filed by Illinois legislators areexempt from disclosure under Section 7(1)(a) of the FOIA.

I am an attorney, but I am nof your attorney. I cannot give you legal advice in response to yourinquiry. If you wish tohave a better understanding of Illinois elecfion law, I suggest fhat you retain

htrps://inail.google.coni/mail/?ui=2&ik=5f3534381a&vievv=pt&search=seiit&iiisg=12790... 3/26/2010



C i i i i n i l - F O L A R e q u e s t f o r S tn t e E l e c t e d L e g i s t n t o i s l^nge 2 o t ' 2

a n I l l in o i s a t t o r n e y w i t h e x p e r i e n c e i n t h a t f i e l d .

T h a n K y o u f o r y o u r r e q u e s t .

G . A l l e n M a y e r

S p e c i a l C o u n s e l a n d

F r e e d o m o f I n f o r m a t i o n O f f i c e r

I l li n o is O f f i c e o f t h e C o m p t r o l l e r

F r o m :S e n t : 'T o ; M a y e r , G . A l l e n

S u b j e c t : F O I A R e q u e s t f o r S t a t e E l e c t e d L e g i s l a t o r s

( Q u o t o d t o x l h i d d o i i j

l i t l : p s : / / ii i n i l . p o o g l e . c o i n / i n . T i t/ ? i i i = 2 & i k = . 5 t ' 3 5 3 ^ l 3 S l a < . ' t v i e w = = p r & s e a r c h = . s e n t & r n s R = l 2 7 9 ^ 3 / 2 6 / 2 0 1 0

The Secretaries of State in each state are ultimately responsible for the electionsIn the ir respective state. None of the states in the cou ntry ve tted O bama's

Con stitutional qualif ications because they do not normally do tha t. Most SOS's

stated it was the polit ical p arty's job and a few said cited election officials. The

Il l iniois Secretary of State's Office states that "The Secretary of State does not

perfo rm any type of backgroun d investigation on candida tes. The Secretary of

State does not verify identity, age, residency, and citizenship of candidates."



OFFICE OF THE SECRETARY OF STATE

JESSE W H I T E • Secretary of State

March 18,2010

Dear Ms. Bamett:

This office is in receipt ofyour letter wherein,pursuant to the Illinois Freedom of

Ijifonnation Act, yourequest a variety of responses about the requiremenls for a

candidate to bs placed on the ballot Ibr slate or federal offices, and what action, ifany, do

agencies in the state of Illinois take to assess candidates' information to delenTiine

whether the petitioner foroffice is entilled to a place on the ballot.

This letter will provide information only for the juinsdiction ofthe Illinois Secretary of

State. You are advised lo pose the same questions about candidates to the Illinois State

Board of Elections, 1020 S. Spring St., Springfield, IL 62704.

All candidates For state offices, such as govemor. lieutenant eovemor. secretary of state,

attorney general, treasurer, comptroller and membei-s ofthe legislature and members of

the state judiciary, must file a St.itement of Economic Interest with theoffice ofthe

Secretary of State. A receipt showing thc date of filing is provided to the candidate who

submits the receipt lo the StaleBoard of Eleclions. The statement remains filed in the

Index Departinent of llie Secretaryof Slate and is a public documenl, available to anyone

who requests a copy or to review the stateraent. The statements are also scanned into a

database and are available online.

The Index Department of the Illinois Secretaryof State does nol verify anv of the

information provided on the Statements of Economic Merest.

Springfield, Illinois 62756



The Secreiary of State does pot perform anv tvpe background tnvesUgation oti

candid. tes.

The Sccre(ar>' of Statt does not verify id«nlity, age, residency and ciliyenshipofcandidates.

The Index Depanmgit of t i « > rilirtois Secfefaryof State doR<! tuH have anyduties lhat

detemiine or addrea; the candidacy of individuals seeking federal offioa

I f l can bc of further service lo j'ou, please feci welcome to contact ma

Sincerely,

David WeiAflumFreedom of Infonnatioti OOica-

Index Department

I I I E . Monroe St.

Springfield, IL 62756

Copy: Donna Leonard

The Illinois Board of Elections does not qualify candiates for state or federal office

as well. See their responsibilities on next page.



Board Functions Page 1 of I

Board F unc t i ons

Adoption of rules and regulations to clarify and im provethe election process in Illinois,Supervision, inspection and review o fa ll election and

regisb'ation processes in thestate.Preparation and disbib ution of uniform manuals of

instruction and other materials to election au thorities.Preparation and circulation ofcanvasses of primary and

general election retums filed with theBoard.Determination ofvalidity and receipt of nominatingpetitions and ce rtificates ofnominations.Dissemination of information and counsel on elections.Investigations and hearings of election complaints and

problems.Recommendations ofnew legislation and evaluation of

pending legislation to theElection Laws Commission and

the Illinois General Assembly.

Approval of voting machines and devices for use in the

state.Development and adm inistration ofeducation programsfor election autho rities, candidates and the generalpublic.Determination ofvalidity ofpetitions submitted by

popular initiative for constitutional amendment.Certification of ballot forms forconstitutionalamendments and other statewide referenda.Proclamation of election results.Administration ofCampaign Rnancing Act.

http://www.elections.state.il.us/AboutTheBoard/BoardFunctions.aspx 3/18/2010

The Il l inois State Assembly which governs Il l inois State Senators and

Representatives also does nothing to veri fy that their elected represtat ives meet

the legal requirements under the I l l inois Constitution. See next page.



OFfPiCE OF T H E SetiiATe. PK.E:si.:oi5?if

JOHN CtsttERTON.SElUTEiPEUmCBNiT

32 3 SnSit l! Ort frn iL

yEa.t lBi iMl! Stolgj i .Minjr i

tV{a|?li 15, 2011)

Warre-sg .Way-

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bea i - LV l& S ar j i d l :

Ota Nf j in l i 9.^10lQ' f t ins of l ic e re:< iv*d pour f j^sedotn o f JnfoiniHl iai i i Ac l: ( " F O IA ") rei jnBSti, (SaHed

Manch 3,. 2.CI!IU'.. Your êUerieeks' ihc faClqwinglarwshisluin:

l» Afi sleti: fm»oes >eK) r«;p!«;tnl.ni:l>^f« jcqLiirci^ iô liiiticfgo nnd piiss «backQfnqid: gnve«i l ipt iani liil> verify* n linmiP Qcid c| ir ; : i :n^ i^ Elai :us^

2 . Are jeiiBljcH^s, undi ceprcs-Ciiitzti'ire;: req inrsd tp c k o f pi c r^ | r in | &£)ct ;s iQui!d cêc};?

3. A i4 i f tcal i fi rS aix l sKpniei iSi 'AhvJ nig uitM l to isi itc ini l: A bli-llii c-RitiircatE' and an. U ji'

foJteralJJwiiiV'4!, W ^s l: >dQ£iiniei>i:xl!i30 aeci siina\jsts at\d Kf K^ fi^n tfi\\ vts Te^viTe4 in- .v ^ ^ T i h«:fg}T^

fecei-dni;; a. |; i|}«tis>:{k and bir rift i!!?

Si^ lLctft i ol fd ia 3^S A, - i iM lS 94D. J, Ei3q.Uii!«:ii p M h b d i i i f j to " la d i i U il Q n m i n u k e av a il ab la ' f i x

tnsjKCiikiiii an^ eop yl iij n rcBmisLifily eairsii.? li&i; c f liil' ijypcs or cg.rci50Fiiea of feeoi'ds m i i i r f f ionafroi,'* .Rafhas fhtn irisign«tins records Cffidsr (Js cniVirDjl laf IIIsniHj: SftniNt, ihowcver/j J'OU!'

FOEA roqufiie upfusciitly 5iM>!ks legpll >aan»lLatic-ng..ariinion, arid cntcrppelvurpn, AKjOrdinglyv jvnir

requAii: lisi b«'}>3ndi lii6 isDapc' irf FGIA. Sea 5 ELCS l #/3.1{FOEA îs not inDcriidEd li> cumipclipublie hoiiits m uiLcrpctl Or asLVlu!: iiet|ucSLti!ih' .\i> llki nittaidiig; «r jEgniliCatke olf \tx' pu\A\t

•WSlhQiil; ivajvfn.g : any o f flta exeinplSg ris .sRbsdeif ipncfer F O IA , w « !i n w p ro vi do d yOH tt^h S?16

bcf>i)<v Dafo.iitimbiuui iSau iiaiiA ^fihi.



K«ganliii($ rcquuiiSU- 1^3^ tlw .llEln!)cj -Senalb lidit nM pj&seis er tnafntBin. any inibnimiliDni

lîjlifdlnf • S4tl6rjDi' or i'e^n^4Âtiiv6'S tfAsSc^tllid. lltiVClcieHib&Ju Ic^ Imiae Veriii'£aii&n;.s\nm ver[fiicnrij;<); criinlnKl bn^îQundi aliefl^ ibli;ilb eciidflcaii^L CiMiJl&ux:;^ WStiierat fibiDi,

îflio llJiiidiS; Senals -iMtti die }|]liie>il ihDiiSn iStT inirpr«£eTildfc>sie$ ue hv o ssjiara ie end d lit m ci :

ceil[ l l«K As sudi,. ll ie Jlliim ili^ S6bS\f) decs diSt inallitaLin » ipdsScSSi jlif ii ni m lw n on rcipriuEiitaljves-,

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l incllprisarc i!iind;l«<l tiy ilLirikilS'Cliinipltullar'ii: o ll i^ b V«u fssay vf iih eo csîuuvniiha ?CL\a fE c a Sar the Caa\jfiT<t\}a^s o ff it it 19 « b(i« n iin/^ Epecific inrnnruitl iTfl JW!! AfCS £C cl;[ j^ tdbtf oH bw ing zdd r ss :

dffCD ct llia^CfilitjfiTiVilkv

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A|;n; Ai|l!!n Miij'vr201 CufAui£|it:liigjl1ey, L\\hfi\;^S27m

M n v e i < ? A ^ t | l l ' i g p . m t e ; I I U i s

As fo p lr c d b)< Sl^Slteii.StA) o r^'C iiA j, tlb» Ldta> jtiia:.orith«.puddcis:1,sî» v«cr£i dpnauUted n:g.Q rdii^

jv ur FOIA jcifu?5!; Jilfeyjic P pck, Sc«!^» j ' of Scnnti!; Swirt tCafeoffj AsifsJunt Secnsai}'p.F Ite; Sinatt; Jg JolinBoi^ Asslsinn!: FOM, Offipaj BUBS ;L>, MI>SSO?4 Asslislnnt fCilA Difobt.Yu 6 have tim l i uht Us ja d i cb ] rev iew o f th is dcicisics i pm uzx i^ ii ^ S^ciori 11 « f FOijAn P K I Dee 1.0

cotiuicil ii i.a ii l ' jÛi bi va mi )' ( jUQSii.onji cr I may oiharvyTs^ be (ir ais diu ce e'.

' " -"ÊrleM^Wodlir

EMM?sia



Finally, instead of our Department of Justice assuring the American

people that Obama is who he says he is, they represent or assist him in

court to continue to block access to his vital records - more on this in the

Ob struction of Justice Cha pter. Millions of Am erican s, including sold iers.

Ai rmen, Marines and Coastguardsmen, have doubts as well as evidenced by

the many polls regarding Obam a's birth place. A m ajo rity does not know

where he was born or if he's a legal President.

The DOJ fails to state tha t Obama had been vetted by the go vern m en t;

they instead agree and site the unlawful ruling made by Judge James

Robertson which states the citizenry (who has absolutely no access to any of

Obam a's records) had vetted Obama throug h blogs and Tw itter. See DOJ

citation below.



Strunk v. Depar tment of State and Depar tment of Homeland SecurityCase No. l:08-CV-02234 (RJL)

' Stmnk's allegations appear to be grounded in a widely discredited conspiracy theoiy

asserting that the President was not bom in die United States and/or is otherwise not a United

States citizen. As recently obsei-ved by Judge James Robertson, this theory was "raised, vetted,

blogged, texted, twittered, and othewise massaged by America's vigilant citizemy diuing Mr.Obama's two-year-campaign fo r the presidency," Hollister v. Soetoro, 601 F. Supp. 2d 179, 180

The DOJ states that they are not responsible for vetting alleged fraud crimes

relating to Obam a's Con stitutional qua lifications even thou gh they are. look

at the DOJ's website for crimes they investigate. The DOJ instead states the

Federal Election Commission is responsible for investigating which is untrue.

See next page for letter that will also be filed under the Obstruction Chapter.

See below for list of crimes that the FB I, which is under the DOJ,

investigates.

From the page W ha t we i n v e s t i g a t e - -

Criminal Priorities

4. Public Corruption- Government Fraud

- Election Fraud- Foreign Corrupt Practices

ht tp: / /www.fb i .gov/about-us/ invest igate/what_we_invest igate



U.S. Department of Justice

E.xecutivc OITicc Ibr United Stales Attomeys

General Counsel's OJpce Wa.Mngton. D.C. 20530

FEB -4 2009

This responds to your January 13, 2009 faxed letters to President George W. Bush andPatrick Fitzgerald at the Office of Special Counsel in which you ask bolh men to investigate

President Barack Obama for treason, forgery, and campaign finance fraud. Because of the nature

ofyour request, your letter vvas forwarded lo the Executive OfTice for United Stales Attorneys,

Department of Justice, for a response.

Your letter conlains many allegations questioning the nationality and citizenship status of

President Barack Obama, and therefore, the potential illegality of his presidency. The crimes

which you directly or indirectly accusePresidenl Obama of committing include forgery of his

Hawaii birth certificate, using a campaign operative to forge his passportdocumenls, and the

illegal acceptance of campaign funds from foreign contributors.

While these allegations warrant an investigation, they have been directed lo the wrong

agency. You may wish to report these allegations of campaign finance fraud to the Federal

Election Commission. You can find their telephone number online or you may write to the FEC

at the following address:

Federal Election Commission

999 E Slreel N.W.

Washinglon, DC 20463

Weappreciate the involvement of citizens such as yourself who lake an active interest in

their government.

Sincerely,

Jay MacklinGeneral Counsel



I f the FBI would have done a background invest igat ion on Obama, just

on public records alone, they would have found a highly suspect background

check results of Obama which would have merited looking into for potential

money laundering and other fraud crime s. Autho r includes full list of names

and address of the following report so that other researchers may be able toshed some light on this report that closely mirrors the report given by Neil

Sankey, a California l icensed private investigator and a former Scotland Yard

dete ctive. Many of these entries disappeared after they were made p ublic.

More on this in the Obstruction Chapter.



Case8:09-cv-00082-DOC-AN Document 84-2 Filed 10/11/2009 Page 1 of 11

Dr. Orly Taitz, Attomey-at-Law

(Califomia SBN 223433)Orly Taitz Law Offices26302 La Paz, Suite 211Mission Viejo, Califomia 92691Telephone: (949) 683-5411E-Mail: dr [email protected]

UNITED STATES DISTRICT COURTFOR THE CENTRAL DISTRICT OF CALIFORNIASANTA A N A (SOUTHERN) DIVISION

Captain Pamela Bamett, et al., §Plaintiffs, §

§

V. § Civil Ac t ion :§

Barack Hussein Obama, § SACV09-00082-DOC (Anx)Michelle L.R. Obama, §Hillary Rodham Clinton, Secretary of State, §Robert M . Gates, Secretary of Defense, §Joseph R. Biden, Vice-President and §President of the Senate, §

Defendants. §

Affidavit of Susan Daniels

1. M y name is Susan Elizabeth Daniels. I am over 18 years old, am of sound

mind and £t*ee o f any mental disease or psychological impairment o f any kind orcondition.

2. I ara a citizen o f the United States of America, I am 68 years old and I was

bom and raised in the State o f Ohio.

3. I am licensed by the State of Ohio as a private investigator; I am president of

Daniels and Associates Investigations, Inc., incorporated in March 1995, license

number 65199565509.

4. 1 have personal knowledge of all the facts and circumstances described herein

below and will testify in open court to all o f the same.

5. I located the social security number for Barrack Hussein Obama and found that

it was issued between 1977-1979 in the State o f Connecticut.



Case 8:09-cv-00082-DOC-AN Document 84-2 Filed 10/11/2009 Page 2 of 11

6. The social security number was used by Barrack Obama fo r numerous

addresses in Chicago and it was the only social security number he used.

7. I investigated fiirther and verified that the number was issued in Connecticut

by running the numbers before and after Barrack Obama's and found them also to

have been issued in Connecticut between 1977-1979.

8. Further, the number assigned to Barrack Obama may have been assigned

previously, as it appears to also be associated with someone bomin the year 1890.

9. The true and correct copies I personally obtained are attached.

10. r solemnly swear under penalty of perjury that all thcfacts stated and

circumstances described above ai^ true and comect statements.

11. I have not received any compensation fo r making this afifidavit.

Further, Affiant saith naughy ^ >

Signed and executed in p T A ^ r A f t ^ , U / / ~ on this^r) day o fSeptember. 2009. -r -——



Case 8:09-cv-0G082-DOC-AN Docuinent 84-2 Filed 10/11/2009 Page 3 of 11

Susan Elizabeth Daniels appeared before me in person on this dayo fSeptember, 2009, in K frfUuÂ (citv). /OU Jjn(stale). U. £ (country) and having presented to me her driver's license and

having been swom by me duly under oath and havingbeen admonished that she didso under penalty of peijury, she did then and there depose herself and give the above-

listed statements in my presence in the form of hiswritten affidavit.

Specifically but witliout limitation, Susan Elizabeth Daniels did in my presenceauthenticate diedocuments attached here as a true and correct copy of the documents

she obtained attd described in her affidavit

JotaryfHublic in the State of Ohio

Business Address ofNotar>': 93^/ C^lhl4(^£i. l<^^fU^. OU' ¥¥09^

MARV A. FIEEONotary Public, Slata ol 0\ioMy ComnDsalon EitpirES Feb. SS, i O t - f

Recorded In Lako County

My Seal Appears Above this line.

My Printed Name is:T)f{Ajf^ f\ • (?t>e 4. : my notarial commission or

license expires on: ^-^^^ ? -Z-O/t/



o

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CDOO

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DANIELS AN D A S S O C I A T E S INVESTIGATIONS

9754THWING R D

CHARDON, OH 44024-OOiDO

License Number: 65199565509

Is hereby granted %"Cla55 B License'^ toqperats as PrivateInvestigator provider inaccordance Witfi tile:pr6visions;Of Chapter4749 of the Ohio Revised Code, subject to ali the provisions thereof

and to the regulations o f th|$ division.

Valid from March 01, 2009 through March 01, 2010

Henry Guzrrî], Oti

Ohio D epatlntent of PubQc SafetyWaiiam F. Vadra, Jr., E»

Homeland Security

Directof

OHIOO P P U S U C

SAFETY



Case 8:09-cv-00D82-DOC-AN Document 84-2 Filed 10/11/2009 Page 8 of 11

Standard People Searoh

53 ReconJe

tearch Crltsrte

4ame: OBAMA, BARACK

City: CHICAGO

State: tL

ftiporlte AdSress $S711009 Pl iono

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Wsf) It

Rio na: (312)731-1170 DOB: 1GB1

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ixiSs? It

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RB^tiinoda 12O1O004 - maaosm&fi II landlhn;<312}r51-HTO



Case 8:09-cv-00082-DOC-AN Document 84-2 Filed 10/11/2009 Page 9 of 11

G-naR: botumagCaw.'nbgjtsom (Mtt IP AiMies3 Rgpartetl) Phono: (312)761-1170 OOBc 19S1

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U s p II K M a a : 1 97 7 -1 9 7 9 in CT LanSt te: {773I6S4.4S09

OBAIUA BARACK H U8S BN

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i ssuat t 1S77-197S h CTDOB: a3AM/1961 Aes: 40

Limdl lnc: (773)884-4a0»

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3 4 50 1 S E V W I KCHICAGO IL eOGISRsper taH : OSQSSOOS - 0SO6O00SC r a m l j : C o ok

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LsRdl te: (773)604-4509

OBAMA SARACK

S4S0 S EAST VIEW PARK 1 IXCHICAGO IL eOSt 5-5918

RESHHlsd: aVZOOS - 03O00SCoonty: Cook

IJbp B

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Msp U Landlhis: (773)363-1038

0 8 M ! A B f l R A C K

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Ma p It LsruHns: (312)751-1170

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ng po rts rtente AOOrazs M=s>s SSH 1 DOB PlioiM

m. O S A M A B A m O C

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As laid out in the Cliapter - Never Ve tted, It is absolutely clear that no one

any off icial government posit ion in Il l inois or the Federal government has

seen proof that Obama is even able to legally worl< in the United State, yet

be a U.S. Senator or President.




P A M E U BARNETT'S ALTERNATIVE WRIT FOR A EXPEDITED HEARING ONTHE MERITS OF EVIDENCE AND FOR CONTINUANCE IN SCHEDULING IN


RAISING

Exhibit 11



T h e P a r t y f o r S o c i a l i s m a n d L i b e r a t i o n

i s r u n n i n g c a n d i d a t e s i n tlie

2 0 1 2 P r e s i d e n t i a l E i e c t i o n s

ri O s o r i SV i c e P r e s i d e n

The Party for Social ism and Liberat ion is proud to announce that our party isf ielding a slate of candidates for the off ice of president and vice president of theUnited States in the 2012 elect ion s.

PSL mem ber and How ard Universi ty graduate Peta Lindsay is the PSL's presidentia l candida te. PS L

member Yari Osorio, an immigrant from Colombia now l iv ing in New York City, is the v ice-presidentia lcandidate. The party a lso wi l l run candidates in var ious c i t ies across the country. To learn more

a b o u t t h e P S L ' s p a r t i c i p a t i o n i n t h e 20 1 2 e le c t i o n s , v i s i t w w w .V o te P S L .o rg .

Meet P e t a L i n d s a y

Lindsay, 27, is a founding member of the PSL anda member ofthe PSL's Central Committee. Forover a decade, she has helped lead countlessdemon strations across the country against im

perialist wars, racism, budget cuts, tuition hikes,police brutality, anti-LGBT bigotry, and in support of immigrant rights, women's rights and thePalestinian people's right to self-determination,and has been a tireless advocate for the rights ofworking people and for socialism.

Meet Y a r i O s o r i o

Osorio, 26, has helped to lead dozens of anti-warand anti-racist demonstrations in New York Cityand Wash ington, D.C. As a student at John JayCUNY, he co-founded Justice in Action, a social

justice club on campus, and helped organizefor students' rights across CUNY campuses. Hehelped lead the PSL's campaign to stop the NewYork Police Department's racist "stop and frisk"policy targeting Black and Latino working-classcommunities.

ww 'w.yotePiS i .orgC h i c a g o : 7 7 3 - 9 2 0 - 7 5 9 0 W a s h i n g t o n , D lC : 2 0 2 | 2 3 4 - 2 8 2 8 N ev v Y o r k : 2 1 2 - 6 9 4 - 8 7 6 2

I L o s A n g e l e s : 3 2 3 - 8 1 0 - 3 3 8 0 S a i l F r a n c i s c o : 4 1 5 - 8 2 1 - 6 1 7 1



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PREAMBLE TO OURBY-LAWS

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We are united in our common

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Secretary of State List of Presidential Candidates

Called "Unlawful"

I « ^ Share this

Posted on February8, 2011 by the Sate Centra Commice

The following press release and slalemeni were issued by the State Central Committee ol (he

California Peace and Freedom Party on February 8, 2011.

IVIEDIA RELEASE

February 8, 2012

For further information: CT. Weber (916) 422-5395 or (916) 320-9186

SECRETARY OF STATE UST OF PRESIDENTIAL CANDIDATES

CALLED "UNLAWFUL" AFTER PARTY'S CANDIDATES

LEFT OFF JUNE 5 PRIMARY BALLOT

SACRAtwlENTO - The Sec retary of State's office has omitted two of the four Presidential

candidates on the Peace and Freedom Party's primary ballot - and the independent party is

demanding to know why.

A NEWS CONFERENCE is scheduled at 10 a.m. Thursday (2-9-12) al the SOS oftice (11th

& 0 Streets) to provide details. Peace and Freedom Party State Chairperson C. T. Weber will

be present.

SOS Debra Bowen has yet to respond, and in a statemenl issued today, Weber cites Elections

Code sections that specify how presidential primary candidates are supposed to be selected by

the Secretary of State, and suggests that code sections covering other parties may have

improperly been applied to the Peace and Freedom Party candidates.

"No Secretary of State has ever overmled our party's report listing our primary candida tes," says

Weber, "until this mistaken decision by Secretary B owen." He also cites a failure by the

Secretary of State to consult party county chairs, as specifically required in the Elections Code,

and accuses Bowen of failing to consider as required by law the letter submitted to her by

Weber on behalf of the Peace and Freedom Party State Executive Committee that listed all four

candidates for inclusion.

In the list announced Monday night, Bowen included Stewart Alexander and Rocky Anderson on

the ballot, but omitted Peta Lindsay and Stephen Durham. Weber was unable to get an

explanation when he went to the Secretary of State's Sacramento office the next morning, and

reports that officials in the office refused to divulge what criteria Bowen used to make her

choices, who was present at the meeiing, where the criteria were developed, and whether

Bowen herself was present at the meeting.

Richard Becker of San Francisco, a spokesman for the Peta Lindsay campaign, calls the

omission of her name "absolutely unjustifiable under the law."

Candidate Stephen Durham of New York City says "I strongly object to the attempt by the

California Secretary of State to steal away the rights of those who want to vote for a bona (ide

socialist feminist candidate for president."

"Our voters are seriously considering four candidates, and they deserve to have the Secretary

of State follow the law a nd list all four on the primary ballot," Weber said.

-30-

STATEMENT OF CT . WEBER, PEACE AN D FREEDOM PARTY CAUFORN IA STATE CHAIR

February 8, 2012

Late on February 6th Secretary of State D ebra Bowen's office released her list of candidates for

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WHO'S O NLINE

We have 68 guests online

President of the United States who would appear on the primary election ballots of the various

parties in the presidential preference section. Breaking the precedent of the previous 36 years,

this list for the first time omits many or most of the candidates reported to her by the state chairs

of some of the political parties, including two of the four candidates that I reported to her were

found by our State Executive Committee to be serious seekers of the Peace and Freedom Party

nomination. (While Stewart Alexander and Rocky Anderson were listed, Stephan Durham and

Peta Lindsay were omitted.)

Visiting her office yesterday, I found that her staff was determined to keep secret the criteria

used by the Secretary of State in selecting her choices for the ballot, refused to tell me who

attended the meeting at which the criteria were determined, refused to tell me whether Bowen

was present at that meeting, and refused to justify in any way her omission of candidates who

are clearly serious about obtaining the Peace and Freedom Party nomination, and generally

considered serious candidates by party activists (and by their opponents). I was told, to my

astonishment, that Bowen could list any names she pleased without any logical criteria at all.

This is not what it says in the elections code.

In fact, the Elections Code (section 6720) states that the Secretary of State shall include the

names of candidates recognized throughout California as active candidates for the Peace and

Freedom Party nom ination for President. All four of the names subm itted are in fact Ihose of

candidates who are recognized, and have some support, from all areas of California, as well as

various other parts of the country. This may not be apparent from reports in the commercial

media, but Peace and Freedom Party activists have never depended on the commercial media

for their information about presidential candidacies, as the commercial media rarely mention our

candidates at all. The publications of various groups on the left, the blogs and websites and

e-mail lists used by those on the left to communicate with each other, and communication at

meetings and rallies through word-of-mouth and leaflets, are the "media" used by Peace andFreedom members to learn about the various candidates who seek our presidential nomination.

It appears possible that the Secretary of State may have unlawfully developed a list of criteria for

selecting recognized candidates that is the same for candidates in all parties. In fact, the criteria

in the election code differ for each party. For example, coverage in the news media is a legal

criterion in the American Independent Party (EC sec tion 6520), but is purposely omitted in the

Peace and Freedom Party section of the code. Qualifying for funding under the Federal

Elections Campaign Act is included in the criteria for the Democratic Party (EC seclion 6041),

but is purposely omitted in the Peace and Freedom Party section of the code. The unjustifiable

secrecy being maintained around Ihe Secretary of State's list of criteria may conceal the

mistaken and unlawful developme nt of a common list of criteria for all p arties, and if this is the

case, the Secretary of State should come clean, and admit the mistake, while adding the

improperly omitted candidates to the list for the ballot.

The Elections Code (section 6721) provides that the Secretary of State shall ask the Stato Chair

and the County Chairs of the Peace and Freedom Party for information regarding presidential

candidates, and states that any information they wish to submit "will be considered by the

Secretary of State." In fact, in 2012, the Secretary of State failed to make this request of the

various County Chairs, although their names and contact information are available to her, and

obviously failed to consider the information submitted by the State Chair on behalf of the State

Executive Committee of the party. This is not a choice available to the Secretary of State under

the law, but is a lapse and a failure to follow the law.

While those omitted may circulate petitions among Peace and Freedom Party voters to have

their names added, this is a serious burden that is not supposed to be imposed on generally

recognized candidates . It is highly unfair to list two of the recognized cand idates, but force the

other two of them to put in substantial work and money to obtain the primary ballot access the

first two have without this work and expenditure.

The Elections Code (section 6722) states that the Secretary of State may add to her announced

selections after the announcement is made. I strongly urge Secretary of State Bowen toconsider the information now being submitted to her office to demonstrate that all four of the

candidates reported to her by our party as serious candidates are indeed serious candidates,

and announce at the earliest possible date the addition of the two omitted candidates to the list

of those who will appear on the ballot.

I further urge Secretary of State Bowen, who was elected and re-elected as the candidate who

would make the functioning of her office more transparent, to release her criteria for selecting

candidates for the presidential preference primary, the names of those present when those

criteria were developed, and how those criteria were used to select two but omit two others on

the list submitted by the Peace and Freedom Party's elected leadership.-C.T. Weber, California

State Chair, Peace and Freedom Party

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VOTER REGISTRATION RECENT ADDITIONS TO THE PEACE AN D FREEDOM PARTY WEBSITE

In California, voter registration is

very important to political parties.

The very existence of a political

party as "ballot-qualified" is

determined by the number of

votes its statewide candidates

receive or by the number of

voters registered with the party.

As the only feminist socialist

political party on the C aliforniaballot, it is imperative that the

Peace and Freedom Party

continues as a qualified party.

Quite simply, the Peace and

Freedom Party will not be able to

provide Californians with

candidates that will represent us

unless we register and vote

Peace and Freedom.

List All Candidates (or Peace and Freedom Primary

2012 Campaion Beoins

Secretary of State List of Presidential Candidates Called "Unlawful"

A Proposal for Going National

Peace and Freedom is Goinc Nationall

Introducing Ihe Peace and Freedom Alliance

2011-12-18 Occupy Peace and Freedom? in Oakland

Support These Ballot MeasuresOccupy Oakland & Organized Labor Plan to Shut Down Port

Small Parties Sue to Block Prop. 14

Attacks Mislead the Public

Forum on the Occupy Movement. November 12 in Los Angeles

Workers and War. November S in Berkeley

Citv of Oakland Special Election

Let them fail: Kruqman agrees with Ruyle on solving the fiscal crisis, sort of

For more information about

registering to vote in California,

you can visit the Secretary of

Slate's website.



_ , . t l i is fac t needs to be b rought up -Em ai l Pro o f the SOS ve t te d Peace and Freedom cand ida te fo rSu b j ec t : „ . . . , . .

Co n s t i t u t i o n a l

F r o m : P. B. ([email protected])

T o : c e s t ru n c k @y a h o o .c o m;

D a t e : Monday, March 12, 2012 2:07 P M

Ed, talked with this Toni that received the em ail from the SOS and confirmed it was atrue copy to him., she said she would get it notarized but as expected the leftist didn'tcome throu gh . Ed will notarize this email for an exhibit, also is the flyer that is referredto on her website as an exhibit and the peace and freedom press release all attached.

we need to show the ultra vires to get the judg e to hear this b efore the ballot is finalized

and the supplement is passed.

pamela

— Forwarded Message —From: P. B. <[email protected]>To: Christopher Strunk <[email protected]>; Edward C. Noonan <[email protected]>;POLITCAL George Miller <[email protected]>Cc: Mark Seidenbert <[email protected]>Sent: Saturday, February 25, 2012 5:16 PM

Su bje ct: Email Proof the SOS vetted Peace and Freedom candidate for Constitutional

see below for proof of SOS vetting candidate for 2012 potus ballot for consitutionalqualifications.

Pamela

Forwarded Message

From: Markham Robinson <[email protected]>

To: 'P. B.' <[email protected]>

Sent: Saturday, February 25, 2012 4:53 PM

Su bje ct: RE: Presidential candidates: Your office's strange law-defying response to Toni Mendocino

Fr om : Kevin Akin [mail to:kevinakinl950@h otmail .com]S en t: Sunday, February 19, 2012 11:39 PMT o: [email protected]

Subject: FW: Presidential candidates: Your office's strange law-def/ing response to Toni Mendocino

Mark,

I hope you will pardon me for using the AIP as a bogey-man in my e-m ail to the Secretary of State's

office.You really should have a copy of the e-mail (just below mine) from the Secretary of State's office to Toni



Mendocino. In it, they acknowledge assessing the constitutional qualifications of a candida te, andexcluding her from the ballot on this basis. Thought this migh t interest you! -Kevin

From: [email protected]: [email protected]: Presidential candidates: Your office's strange law-defying response to Toni MendocinoDate: Sun, 19 Feb 2012 23:17:42 -0800

Dear anonymous person from Legislative and Con stituent Affairs.I have received a much-forwarded copy of the e-mail below. I am a mem ber of the Peace and FreedomParty California Executive Com mittee (and Chair of our National Organizing C om mittee ), and have servedthree term s as State Chair. I am apparen tly more fam iliar with the Peace and Freedom Party sections ofthe Elections Code than w hoever w rote this astonishing response to Ms. Mendocino.

I am even more astonished by some ofthe oral responses we have received from various people in your

office. For example, Charlene Castaneda (I think I got her name right) told one caller that the Secretaryof State's decision on whom to include was "irreversible." This is clearly contrary to th e plain language ofthe Elections Code: (EC6722) "Following this announceme nt, the Secretary of State m ay add to her orhis selection, but she or he may not delete any candidate whose name appears on the announced list."What part of this sentence does your office not understand? The code says names may be added , but

your office says they may not.

It appears to have esraped your office's attention that different standards are found in the code sectionfor each political party as to w hat nam es should be included. "Being referred to in the news m edia" is infact included in a section of th e Elections Code, but it is the section governing the Am erican Independe ntParty (EC6520 ). This was inten tiona lly n ot included in the Peace and Freedom Party section (EC672 0).So holding a candidate for the Peace and Freedom Party nom ination to the standard set for the

American Independe nt Party's candidates is clearly improper and u nlawful. Federal Election Comm ission

filings are mentioned - but not in the PFP section of the code. Several of our low-budget presidentialnominees have not in fact had a campaign office, but in the past this did not keep them off the ballot -presumably because the Secretary of State's staff read the Elections Code, and noted that this is not arequirement for PFP randidates.

I am going to leave aside for the mom ent the question of Peta Lindsay. Let me take up StephenDurham.At the tim e your anno uncement was m ade, he was a generally-recognized candidate for the PFPnomination throu ghout California (as you were correctly advised by State Chair CT . Weber). This is theONLY hurdle he was supposed to clear, according to our se ction of the code. But by dragging in c riteriafrom oth er parties' sections of the cod e, and doing a really sloppy job of research, you invented reasonsto omit him.While he only filed w ith the FEC some hours before your announcement was m ade, he had in fact filed at

the time the announcement was made. However, this was not really a requireme nt.At the time your announcement was made, he already had two premises (both the standard storefrontsusually used in campaigns, one in Los Angeles and one in San Francisco ) that served as campaignoffices. (He has others around the country as well.) But apparentiy no one in your office thought to callup his campaign and ask. I am sure they w ould have been happy to give you the addresses.Stephen Durham has a campaign website (though this is clearly not a legal requirement, as this codesection was adopted in 1975, when no one at all had a web site). You may find its address, and a link toit , on the Peace and Freedom Party website, along with links to the other three campaign websites.Could it actually be true that no one looked on our party website in their wonderfully exhaustive

research?



No debates among Peace and Freedom Party candidates have yet taken place, and this has almostalways been the case at this point on the presidential election year calendar. I am afraid you haveconfused us with the Republican Party. This is one reason why our code section does not mentionparticipation in debates as a criterion. Several debates are now scheduled (three in April, for example),and it is understood tha t Stehen Durham w ill participate in some oftho se.I have already demonstrated that media coverage is not a requirement in our code section. But in fact,

of course, Stephen Durham is mentioned in many media reports, and was from the date he announcedhis candidacy. Do your office computers not have a connection to Google? Mine does, and I can find anamazing number of reports, mentions, and even extensive articles. They are generally not in thebillionnaires' newspapers, but that is not where Peace and Freedom Party members look for informationabout their presidential candidates.

Whoever flubbed the job so shamefully in researching the legal criteria fo r Peace and Freedom Partypresidential preference primary candidates also seems to have overlooked the most important part ofthis section of the code (EC6721, "Secretary of State to send letter to central committees." It says thatthe SoS is to send a letter by first-class mail to each Peace and Freedom Party County Central Committee(addresses easily available both from the various Registrars of Voters, and through various links on ourwebs ite), by the 150th day before the primary e lection, "informing them that, while a response is not

required, any information they w ish to submit will be considered by the Secretary of State in thedeterm ination of candidates to be placed on the Peace and Freedom Party presidential preferenceprimary ballot pursuant to Section 6720." Now that, I think , is as clear as anyone could make it. As ithappens, I have been the County Chair o fthe Peace and Freedom Party in Riverside County for manyyears (though I hope to turn that over to someone else soon), and over the years I have received anumber of such letters from previous Secretaries of State. But not this year. I didn't get such a letter,and none of my fellow county chairs around the s tate got such a letter. That is because the presentSecretary of State either was ignorant of this code section, or decided to de f/ it. No such letter was sent.Absent input from the various county central committees, the office of the Secretary of State apparently

decided to just w ing it - and crashed. Most of the county central committees would have advised theSecretary of State tha t there are four recognized candidates for our presidential nomination, and giventheir names. A few county central committees might have omitted one or another name, but the patternwould have been clear

Let me just make a point about Peta Lindsay, the presidential candidate (who certainly has a very activecampaign!) who is reportedly 27 years old. Her age is of course a factor in whether she is likely to ga inthe nomination, but that should be up to the voters and State Central Committee members who willmake the decision. In actual fac t, the very first p residential nominee of Ca lifornia's Peace and FreedomParty, back in 1968, was not yet 35 years of age. The Secretary of State at tha t time had the ballotsprinted without his name, and only the name ofthe Vice-Presidential candidate was on the ballot overthe Peace and Freedom Party name to represent our slate of electors. But the Secretary of State d id notput his heavy thumb on the scales in our intra-party consideration of whom to nominate. He acceptedthe slate of candidates for elector, and the Party's name went on the ballot.

I understand tha t the Secretary of State won a lawsu it a while back (brought by some AmericanIndependent Party leaders) seeking to force her to review the actual constitutional qualifications of

various parties' nominees. She won, on the basis that it is up to the parties to select their nominees anddo their own consideration of constitutional eligibility, and no business of the Secretary of State. Now theSecretary of State has taken the opposite tack, which I would think would open up this whole questionagain. I have already received reports that the AIP is delighted tha t the SoS has been so foolish as toreveal, in w riting, that she does in fact look at constitutional e ligibility - when it suits her You may besure that next time the birthers in the AIP bring suit, they w ill be armed with full information about thePeta Lindsay case, proving that the SoS only takes that position when she likes. You would be far wiserto accept the fact tha t Peta Lindsay is a serious and generally recognized candidate for our nomination,and go ahead and list her.

As your response to Ms. Mendocino was (rather strangely) anonymous, I do not know who wrote or sent



it . So I am sending this e-mail to the same address from which i t came, and also sending blind copies toat least a dozen other people who work in the Secretary of State's office, in hopes that someone w illread it and respond to me.

I would truly appreciate being advised that someone has, at las t, read the relevant sections of theElections Code, and recognized that the Secretary of State may add to the list of presidential preference

candidates she is putting on the ballot. While the campaigns are preparing to demand ballot placementthrough petition, this is a big burden that they don't need. It should be perfectly clear by now, to any butthe most wrong-headed and stubborn, that all four candidates are in fact recognized throughoutCalifornia as candidates for the Peace and Freedom Party nom ination. This is the only requirement in theElections Code, and the two omitted candidates should be added.

I would appreciate a response. -Kevin Akin , member of the Peace and Freedom Party CaliforniaExecutive Committee

Kevin Akin20212 Harvard WayRiverside, California 92507home (951) 787-0318cell (951) 675-2813

[email protected]

— Forwarded Message

F r o m : "Secretary of State, Const i tuent Affa irs" <Consti tuent.Affa irs(5jsos.ca.gov>

T o : t mendic ino(5)vahoo.com

Se nt : Fr iday, February 17, 2012 1:29 P M

Subject : RE: Re insta te Peace and Freedom Par ty cand idates now!

Dear Ms. Mendicino:

Thank you for co ntacting the Secretary of State about th e in dividua ls in the Peace and Freedom

Party who were not included in the Secretary of State's Generally Recognized Presidential

Candidates List for th e June 5, 2012, Presidential Primary E lection.

To determine whe ther a person is "generally recognized" as actively runn ing for president, th e

Secretary of State's office looks at whether a candidate is actively running a presidential

campaign, such as having a campaign office, a campaign web site, making Federal Election

Commission filings, partcipating in debates, and being referred to in the news media. Absentemb arking on or com pleting any of these basic tasks, a person certainly could not be considered

a "generally recognized" candidate.

In addition, the Secretary of State's office reviewed Peta Lindsay's website where the

can dida te states she is 27 years ol d. Since the Unite d States Co nstitu tion states "...n eith er shall

any Person be eligible to tha t Office who shall not have attained to th e Age of thi rty five

Years...", Peta Lindsay does not qualify as a presidential candidate forthe June 5, 2012,

Presidential Primary Election.



People in any political party who still wish to be included on the California ballot as apresidential candidate may circulate nom ination petitions, the procedure for which is includedin the Qualification and Requirements document, found on the Secretary o f State's website atwww.sos.ca.gov/elections/2012-elections/lune-primarv/pdf/minor-partv-president-2012.pdf

The Secretary of State takes very seriously the responsibility o f ensuring the integrity o ftheballot and the entire electoral process is maintained.

Sincerely,

Legislative and C onstituent AffairsSecretary of State

F r o m : Toni Mendicino rm ailto :t mendicino(g)vahoo.com1S e n t: Saturday, February 1 1, 2012 4:36 PMT o : Secretary of State, Constituent AffairsCc: Secretary of State Bowen

Subject: Reinstate Peace and Freedom Party candidates now!

Dear Secretary of State Bowen,

I spoke on February 9 with your analyst Philly Crosby about this matter, ratherunsatisfactorily; she instructed me to send you a letter. I am the Bay Area F reedomSocialist 2012 Presidential Campaign coordinator and strongly protest your exclusion ofour candidate, Stephen Durham, from the Peace and Freedom Party primary ballot,along w ith Peta Lindsay. An egreg ious mistal<e has been ma de by your office in thisdecision and I urge you to rectify it immediately as is in your legal purview and as isyour responsibility as the Secretary of State.

Our candidate most certainly does meet the California election code criteria and has thefull backing of the Peace and Freedom Party. We have not received an explanation foryour arbitrary decision despite numerous inquiries, which is frankly una cceptab le. Ialso request that I be given a response about how and whe n you w ill reverse this il legalaction. Wh at you did violated our rights as working people to vote for the candidateswe su pport and is part of a national context of attempts to den y the right to vote tomillions of poor, working and immigrant pe ople. Do you really wan t to be on that side ofhistory? This situation is particu larly ironic given your 2011 Congressional race slogan,"Democracy For /Ml, Right Here in America !" I hope you w ill do the right thing and listall the Peace and Freedom Party candidates on the ballot, and I look forward to hearingback from you about this timely issue.



Sincerely,

Toni Mendicino

Bay Area Freedom Socialist Party and Campaign Coordinator

415-730-2917 (cell)P Save the E arth, one page at a time. Please consider the environment b efore printingthis email.




PAMELA BARNETT'S ALTERNA TIVE WR IT FOR A EXPEDITED HEA RING ONTHE MERITS OF EVIDENCE AND FOR CONTINUANCE IN SCHEDULING IN

RESPONSE TO BARACK OBAMA , OBAMA FOR AMERICA DEMURRER TOPLAINTIFFS' PETITION FOR A WRIT OF MANDATE and RESTRAINT OF FUND

RAISING

Exhibit 12



http://puzol.blogspot.com/2012/02/aU-that-is-vvrong-with-georgia-state.html

A ll That Is Wrong vvith Georgia State Judge Michael M . IVlalihi's Decision that Putative President

Obama Is a "Natural Born Citizen"

All That Is Wrong with Georgia State Judge Michael M . iVlalihi's Decision that Putative President

Obama Is a "Natural Bom Citizen" By iVlario Apuzzo, Esq. February 3, 2012

Georgia State Administrative Law Judge, Michael M. Malihi, issued his decision on Friday, February 3,

2012, finding that putative President, Barack Obama, is eligible as a candidate for the presidential primary

election under O.C.G.A. Sec. 21-2-5(b). The decision can be read here,

http://obamareleasevourrecords.blogspot.com/2012/02/iudge-malihi-niles-against-plaintiffs.html. 1 must

enter my objection to this decision which is not supported by either fact or law.

The Court held: "For purposes of this analysis, this Court considered that President Barack Obama was

bom in thc United States. Therefore, as discussed in Arkeny [sic meant Ankeny], he became a citizen at

birth and is a natural bom citizen."

But there is no evidence before the Court that Obama was bom in the United States. The court can only

rest its findingof fact on evidence that is part of the court record. The judge tells us that he decided the

merits of the plaintiffs' claims. But he does not tell us in his decision what evidence he relied upon to

"consider[]" that Obama was bom in the United States. The judge "considered" that Obama was born in

the United States. What does "considered" mean? Clearly, it is not enough for a court to consider

evidence or law. It must make a finding after having considered facts and law. The judge simply does not

commit to any finding as to where Obama was born. Using the word "considered" is a cop out fromactually addressing the issue. Additionally, we know from his decision that neither Obama nor his

attorney appeared at the hearing let alone introduced any evidence of Obama's place of birth. We also

know frorn the decision that the judge ruled that plaintiffs' documents introduced into evidence were "o f

little, i f any, probative value, and thus wholly insufficient to support Plaintiffs allegations." Surely, the

court did not use those "insufficient" documents as evidence of Obama's place of birth. Nordoes the

judge tell us that he used those documents for any such purpose. The judge also does not tell us that the

court took any judicial notice ofany evidence (not to imply that it could). The judge did find that Obama

has been certifiedby the state executive committee of a political party. But with the mies of evidence of

superior court applying, this finding does not establish anyone's place of birth. Hence, what evidence did

the judge have to rule that Obama is bom in the United States? The answer is none.

The court did not engage in its own thoughtful and reasoned analysis of the meaning of an Article 11

"natural bom Citizen," but rather relied only upon Ankeny v. Govemor of the State of Indiana, 916

N.E.2d 678 (Ind. Ct.App. 2009), transfer denied, 929 N.E.2d 789 (2010), a state-court decision which

erred in how it defined a "natural born Citizen."

The court says that Ankeny is persuasive. The court does not show us why Ankeny is persuasive other

than to just provide some quotations from the decision. On the contrary, upon close analysis, we can see

that Ankeny is far from persuasive on the definition of a "natural born Citizen." The court's decision can

only be as sound as the Ankeny decision may be. But an analysis of that decision shows that it was

incorrectly decided as to its definition of an Article I I "natural born Citizen."

Presidendal eligibility is a national issue. Under our Constitution, like the States do not have power to

naturalize citizens, they also do not have power to change, add, or diminish the meaning of an Article I I

"natural born Citizen." See U.S. Tenn Limits, Inc. v. Thomton, 514 U.S. 779 (1995) (states have no

Mario Apuzzo, Esq. February 3, 2012 on the Malihi Georgia Decision Page 1 of 9



authority to change, add, or diminish the eligibility requirements for members of Congress). Moreover, as

naturalization needs uniformity, so does the citizenship standard needed to be met by those wishing to be

eligible to be President. Hence, any state court decision on the meaning ofa "natural born Citizen" is not

binding on the nation in determining who is eligible to be President. Such a decision can only be

ultimately made by the U.S. Supreme Court which would make its decision the law of the entire nation.

The Ankeny case is a decision of the Indiana state court and not by the U.S. Supreme Court. For this

reason, the Ankeny decision is not binding on any court deciding the question of what is a "natural born

Citizen." But not only is the decision not binding, it also needs to be rejected for diminishing the meaning

of an Article I I "natural bom Citizen."

Apart from the Ankeny decision not being binding on the national issue of what is a "natural born

Citizen," the decision itself should be rejected on its merits.

The Constitution's text does not define a "natural bom Citizen." Yet, Ankeny did not even discuss what

the Founders' and Framers" original intent was in including the "natural born" Citizen clause in the

Constitution. It is a rule of constitutional constmction that we can leam what the Founders and Framers

intended by a certain term they included in the Constitution by discovering what their purpose was for

including the term in that document. But the Ankeny court told us what an Article I I "natural born

Citizen" is without examining the purpose for which the Founders and Framers included that clause in

Article I I , Section I . No where in the decision do we see that the court examined what the Founders' and

Framers' intent was for inserting the clause in the Constitution. The court conducted no independent

historical research or analysis regarding what the Founders and Framers iniended when they wrote the

"natural bom Citizen" clause in the Constitution in 1787. In fact, no where in the decision did the court

even raise the issue of the Founders' and Framers' intent when they wrote the clause in Article I I . It

provided no sources from the Founding period which in any way supports its holding. It discussed no

historical records or declarations of historical figures. So its decision as to what a "natural born" Citizen is

has no historical or legal support.

The Founders and Framers placed their tmst in "the Laws of Nature and of Nature's God." The

Declaration of Independence, para. 1. They came to learn what natural law was from studying ancient

history and its influence in the then modem world. They knew from studying this histoi7 and the greatpublicists, including Emer de Vattel who was the Founders' and Framers' favorite, that natural law

became the law of nations. And Vattel in Section 212 of his The Law o f Nations (London 1797) (Ist ed.

Neuchatel 1758) defined what a "natural bom Citizen" is. There he said that the "natives, or natural-born

citizens, are those bom in the country, of parents who are citizens." The Indiana state court in Ankeny did

not even discuss natural law and the law of nations. The Ankeny court just barely acknowledged Emer de

Vattel. It refers to Vattel's highly influential work, The Law of Nations, as "an eighteenth century treatise"

and discusses neither Vattel nor his work. Hence, it fails to understand the importance of the law of

nations and Vattel to the Founders and Framers and in the founding of our nation and their draftingo f our

Constitution in which they included the law of nations and not the English common law as part of Article

I I I "Laws ofthe United States." The court hardly knew who Emer de Vattel was. This should be an

indication to anyone who has seriously studied the Obama eligibility issue of how much reliance we can

place on the court's mling as to what a "natural born Citizen" is.

Judge Malihi also did not discuss the early naturalization statutes passed by our early Congresses. These

acts are critical in understanding the definition of a "natural born Citizen" because so many members of

the early Congresses were Founders and Framers. "The significance of such a statute passed by the firstCongress was, of course, the fact that many of the framers of the Constitution were Members of that firstCongress, as well as the fact that the first Congress's understanding of the meaning of the terms of the

Constitution was most contemporaneous in time with the document's adoption. One author has noted that

of the "Committee of Eleven," which first proposed to the Convention of 1787 the eligibility requirement




o f being a "natural bom" citizen, 8 of the 11 committee members were in that first Congress, and none

stated objections to or disagreement with the characterization of the term "natural bom" by statute by the

Congress." Christina Lohman, Presidential Eligibility: The Meaning of the Natural-Bom Citizen Clause,

36 Gonzaga Law Review 349, 371 (2000/2001). The Naturalization Acts of 1790, 1795, and 1802, prove

that only a child bom in the United States to U.S. citizen parents can be an Article I I "natural bom

Citizen." These acts treated children bora in the United States to alien parents as aliens themselves. These

acts also naturalized children bom abroad to U.S. citizen parents to be in 1790 "natural born citizens" and

then in 1795 and thereafter "citizens of theUnitedStates." By analyzing these acts, we can see that the

only child over whom Congress did not exercise its naturalization power was a child bom in the United

States to citizen parents. Hence, that child was the "natural bom citizen."

Ankeny misread Minor v. Happersett, 88 U.S. 162 (1875), saying that the Minor Court read Article I I and

the Fourteenth Amendment "in tandem," suggesting without any support that the latter somehow amended

the former. It also erred when it said that Minor "left open the issue of whether a person who is born

within the United States of alien parents is considered a natural bom citizen." The Court did no such

thing. Rather, the Court left open that question as it applies to a Fourteenth Amendment bom "citizen of

the United States," not an Article I I "natural born Citizen." Minor told us that there is no doubt who a

"natural bom Citizen" is, telling us that it is a child born in the country of two U.S. citizen parents. That

definition isbased on natural law and the law of nations and not the English cominon law. Indeed, this

confirms that the Founders and Framers gave us only one citizenship definition to be used to detennine

eligibility to be President. On the other hand. Minor added that there is doubt as to whether a child born in

the U.S. to alien parents was even a "citizen." The Framers gave Congress the power to make future

"citizens ofthe United States" through naturalization. Hence, the doubts have been over the definition

making persons the parents of a future "natural bom Citizen," not over the definition making the child of

those parents a "natural bom Citizen." It also confounded Minor and U.S. v. Wong Kim Ark, 169 U.S.

649 (1898) as relying upon the English common law to define a "citizen" and a "natural born Citizen." It

said that Minor relied upon the English common law like Wong Kim Ark did when it did not do any such

thing, for it relied upon natural law and the law of nations which when applied in the United States

became "common-law" (the language that Minor used), which given the definition of a "natural-born

citizen" that the Court provided (including the citizenship of theparents as a condition of being a

"natural-bom citizen") could not have been English common law but rather was Ainerican common law.

In order to justify its decision, Ankeny gave authority and respect to the feudal English common law (per

Lord Coke and Lord Chief Justice Cockburn) on matters of U.S. citizenship and gave no such authority

and respect to our own American common law which Minor showed replaced that feudal law in the new

republic. In fact, there is not one word in the Minor decision which sounds in the language of the English

common law, yet Ankeny said that it relied upon English common law. It distinguished Minor in footnote

12 by saying that it "contemplates only scenarios where both parents are either citizens or aliens, rather in

the case of President Obama, whose mother was a U.S. citizen and father was a citizen of the United

Kingdom." But it did not explain how or why having one U.S. citizen parent rather than none would make

any difference when applying the "natural bom" Citizen clause.

Wong KimArk,

a Fourteenth Amendment citizenshipcase,

answered the questionleft

open in Minor,

which question concemed whether Wong Kim Ark was a "citizen of the UnitedStates," not an Article I I

"natural born Citizen." WongKim A rk relied upon the English common law, which historically had been

used to define British nationality and not American nationality, to define a "citizen of the United States."

But Ankeny mistakenly concluded that Wong Kim Ark mled Wong Kim A rk to be a "natural bom

Citizen" rather than a "citizen of the United States." Wong Kim A rk did no such thing. There is nothing

in Wong K im A rk decision that suggests that the Court declared Wong Kim Ark an Article I I "natural

bom Citizen" and therefore eligible to be President. The U.S. Supreme Court in Minor v. Happersett

(1875) already had told us that there was no doubt as to who could be a "natural bom Citizen." Since

there is no doubt and i f Wong Kim Ark was a "natural bom Citizen," the U.S. government would not




have argued that he was not even a "citizen ofthe United States," let alone a "natural born Citizen." Also,

Wong Kim A rk never said that Minor was wrong in defining a "natural bom Citizen" in the way that it

did under natural law and the law of nations and not the English common law.

Also, Ankeny relied strictly upon U.S. v. Wong Kim Ark and its historical sources for its decision on

what a "natural bom Citizen" is. They made a monumental declaration as to the meaning of the clause

based solely upon a 1898 U.S. Supreme Court case that did not even involve any dispute regarding the

meaning of a "natural bom Citizen" and which ironically confirmed Vattel's definition of a "natural bom

Citizen" as stated by Minor v. Happersett in 1875.

Ankeny incorrectly took the Wong Kim A rk holding that Wong was a Fourteenth Amendment bom

"citizen of the United States," and even though Wong itself provides a different definition for an Article 11

"natural bom Citizen," and even though Wong cites and accepts Minor's definition of a "natural born

Citizen," the Ankeny court equated the Wong "citizen of the United States" with an Article 11 "natural

bom Citizen" and said that the Wong decision stands for such a proposition when it does not. Hence, it

erroneously relied upon Wong Kim Ark, stating that the Court there declared Wong a "natural bom

citizen" when it only declared him a "citizen" of theUnited States. In Footnote 14 it said: "We note the

fact that the Court in Wong Kim A rk did not actually pronounce the plaintiff a 'natural bom Citizen' using

the Consdtution's Article I I language is immaterial." This is a fantastic statement given the care and

precision which the Founders and Framers used with their language in draftingand adopting the

Constitution, a circumstance which has always been recognized by our U.S. Supreme Court when called

upon to interpret the Constitution. Additionally, Wong Kim Ark itself distinguished between a child born

in the country to one or two alien parents and a child bom in the country to citizen parents, telling us that

while both are "citizens," only the latter is a "natural born Citizen." Wong said: "The child of an alien, if

bom in the country, is as much a citizen as the natural-bom child of a citizen, and by operation of the

same principle.' p. 22, note." Wong Kim Ark, at 666-67 (citing and quoting Binney's 1853 pamphlet on

citizenship).

Ankeny erroneously conflated an Article I I "natural bom Citizen" with a Fourteenth Amendment "citizen

of the United States." Article I I , Section 1, Clause 5 and other parts of the Constimdon are clear in

distinguishing between a "natural bom Citizen" and a "Citizen of the United States." The text oftheFourteenth Amendment defines a "citizen ofthe United States," not a "natural born Citizen." Even i f we

were to give them any controlling effect which they do not have, there is also nothing in the legislative

debates which indicates that the amendment was designed to change the meaning of an Article I I "natural

bom Citizen." We cannot just forget about the distinction made by the Framers in Article I I between a

"natural bom Citizen" and a "Citizen of theUnited States." Just ruling someone to be a "citizen of the

United States" does not necessarily mean that the person is a "natural born Citizen," for "citizens of the

United States" are made up of "natural born Citizens" and naturalized "citizens of the United States." The

latter are naturalized either "at birth" or after birth. "Natural born Citizens" are citizens by virtue of

natural law. Other U.S. citizens are citizens by virtue of positive law which in Wong Kim Ark was "by

virtue ofthe first clause of the fourteenth amendment." Wong Kim Ark, at 686.

Ankeny as did Wong Kim A rk also mistakenly relied upon Inglis v. Sailors' Snug Harbor, 28 U.S. 99(1830). What the court did is cite and quote from Justice Story who was in the minority and whose

opinion was not accepted by the majority. The majority of the Court in Inglis, which included Chief

Justice John Marshall, did not rely upon the English common law jus soli mle but rather the law of nation

jus sanguinis rule when it held that i f thedemandant was bom in New York after July 4, 1776, his

minority incapacitated him from making any election as to which citizenship to chose and he therefore

inherited the character and election and therefore the citizenship of his father (father and mother) who, if

bom a British subject and i fhe continued that nadonal character as of the time of his son's birth, made the

son British also, subject to the son renouncing the citizenship chosen for him by his British father during




minority and choosing U.S. citizenship upon becoming an adult. Id . at 124 and 126. The majoritycited

and relied upon Vattel when arguing that a person has a right to elect what nation to be part of in time of

revolution. Id . at 122. Jusfice Story put forth the English cominon law jus soli mle for citizenship and

ruled that the damandant i f born in New York was an "Ainerican citizen" regardless of the citizenship of

his parents (Id. at 164 and 170). But Justice Story was in the minority. The majorityof the Court did not

adopt Justice Story's opinion and reliance on the English common law.

Both Ankeny and Wong Kim A rk also mistakenly relied upon that part of the dissenting opinion in Dred

Scott V. Sandford, 60 U.S. (19 How.) 393 (1856), which was not directed to the issue of slavery disabling

blacks from being citizens but rather directed to whether we defined U.S. citizenship under natural law

and the law of nations or under the English common law. This dissenting opinion did not carry the day

and was also rejected by the Minor court which in 1875 defined a "natural-bom citizen" as a child born in

a country to citizen parents.

Ankeny used English common law to define an Article I I "natural bom Citizen" when all U.S. Supreme

Court cases, including Minor and Wong Kim Ark, have used American cominon law to do so.

Ankeny said: "Although President Arthur's status as a natural bom citizen was challenged in the 1880

Presidential Election on the grounds that he was bom in Canada rather than Vermont, the argument v/asnot made that becauseArthur's father was an Irish citizen he was constitutionally ineligible to be

Presidenl." But the courl provided no evidence lhat anyone then was aware that when Chester Arthur was

bom, he was bom to an alien falher. Additionally, even i f anyone of any authority was aware that

Arthur's father when he was bom was an alien, one constitutional violation does not justify another.

Ankeny cited and quoted from Diaz-Salazar v. I.N.S., 700 F.2d 1156, 1160 (7lh Cir. 1983) in support of

its definilion of a "natural bom Cifizen" when the quesfion ofthe meaning of the clause did not exist in

that case and the only reference therein to a "natural born Citizen" was made by the court when it recited

the facts but not when it provided any legal analysis. It is incredible that the courl would give such weight

to such a statement of dicta and nol give any weight to the U.S. Supreme Court's definition of a "natural-

born citizen" in Minor.

The pro se plainfiffs in Ankeny claimed, among olher things, lhat Obama was not eligible to be President

under Article I I , Section 1. The court said that "persons bom within the borders of the United States are

'natural bom Cifizens' for Article I I , Section 1 purposes, regardless ofthe citizenship of their parents...."

The court affirmed the dismissal of plaintiffs' complaini on defendants' mofion that on ils face plaintiffs'

complaint failed to stale a claim upon which relief can be granted. What is also amazing about the

Ankeny case is that after i l went through ils explanation as lo what a "natural bom Citizen" is and while it

dismissed the plaintiffs' case in which they argued both that Obama has yet to prove that he was bom in

the United States (it called that claim a "non-factual assertionQ") and that even ifhe were so bom he still

fails lo meel the legal definition ofa "natural born Cifizen," it neilher held lhal Obama was bom in the

United Stales nor lhal he is a "natural bom Citizen." In fact, there was absolutely no evidence before the

court lhat Obama was bom in Hawaii. And as we have seen, there was also absolutely no evidence before

Judge Malihi showing the Obama was bom in the United States. Hence, the Ankeny opinion regarding

whether Obama is a "natural bom Citizen" is nothing more than an advisory opinion, for the Court never

mled that he was such. The court never addressed the question of whether he was born in Hawaii. No

evidence was presented lo the court whether he was "bom wilhin the borders of the Uniied Slates." The

court never even examined that issue. Hence, ils statement lhal "persons bomwilhin the borders of the

United Slates are 'natural bom Citizens' for Article I I , Seclion 1 purposes, regardless of the citizenship of

their parents" does nol prove that Obama was, in fact, bomwithin the borders of the United States" and

that he is Iherefore a "natural bom Citizen."




Ankeny was advisory on the "natural bom Citizen" issue because it gave us ils definilion ofa "natural

bom Citizen" bul never applied lhal definilion lo Obama's personal situation, l l resolved no real

controversy. After it pronounced what the law was, it needed to apply lhal law lo the facts. It needed to

find that Obama was bom in the United States and that he was thus a "natural born Citizen" lo give its

opinion any binding effect. It never made the finding that Obama was bom in the Uniied Slates. It never

said that such a fact was established by the evidence before the court. So its whole opinion on whal is a

"natural bom Citizen" is purely advisory.

To conclude lhal plaintiffsdid not state a sufficient claim given the court's mling as to what a "natural

bom Citizen" is, there would have to exist uncontroverted evidence that Obama was in facteligible lo be

President. The quesfion of presidential eligibility is a legal question which the court could examine on a

motion to dismiss a complaint for failure to state a claim upon which relief can be granted. Bul in order to

make any conclusion as to whether plainfiffs adequately challenged Obama's eligibility, given the fact

that on a motion lo dismiss a complaint the court is supposed to "view the pleadings in the light most

favorable to the nonmoving party, with every reasonable inference constmed in the nonmovant's favor,

and given the court's own definition of whal is a "natural bom Citizen," the court had lo examine whether

Obama was "bom wilhin the borders ofthe United Slates." This legal hurdle shows that the court could

not decide the quesfion ofthe legal sufficiency of plaintiffs' complaini by simply examining its face

alone. Rather, the court needed evidence oulside the complaini (e.g. a birth certificale) which means thaithe courl would have had lo convert the motion to dismiss lo one for summary judginent.

Bul nol only was there no evidence presented to the Ankeny court showing that Obama was in fact bom

in the United States, the court never called for such evidence nor did it even make such a factual finding.By the court's own words, the citizenship of Obama's parents was not relevant. But surely the only

element of its "natural bom Citizen" test, that Obama was born in the United Slates, was critically

relevant. Yet the court dismissed the complaint for failure lo stale a claimwithoul any evidence lhal

Obama was bom in the United Slates. Hence, how can the court dismiss the complaint for failure lo slate

a claim? Rather, whal the court did is just by way of advisory opinion lell us whal i l believes lo be a

"natural bom Cifizen" without applying its definition lo the quesfion of whether Obama is conslitulionally

eligible. I f the court had addressed the place of birth issue, given ils definition of a "natural born Citizen,"

i l would have ended the live controversy. It did not do lhal so ils opinion is a mere advisory opinion withno application to a live factual controversy producing a just resolufion. Lastly, i f the court's decision had

nol been advisory, the nation today would know whelher Obama was or was not bom "within the borders

ofthe Uniied States."

The Ankeny plaintiffsmay have argued lhal place of birth did not matter, given the two-citizen parent

arguinent. But surely, they did not concede that Obama was bom in the Uniied States and the court did

not make a finding that they madeany such concession. Hence, once the court rejected the citizen-parents

element and relied strictly on the place of birth, it could not simply conclude lhal plaintiffs did nol slate a

claim, for the ultimate issue was always Obama's eligibility which they clearly stated in their complaint.

Again, the court was duty bound on a motion to dismiss on the face of the complaint lo give the non-

moving party every reasonable inference. 1 cannoi imagine, given lhat the court was well aware of the

issue of place of birth, the plaintiffs never conceded that Obama was born in the United Stales, the

ultimate issue was eligibility, and the requirement that a court faced with a motion to dismiss on the face

of a complaint is lo give the non-movanl the benefit of all reasonable inferences, the courl not treating a

complaini lhal says that Obama was not eligible as also encompassing the place of birth issue or in the

alternative not giving the non-moving pro se parfies the opportunity to amend their complaint.

The Ankeny court could have completely disposed of the case on an independent slate ground. There was

no need for the court lo journey into the waters of whal an Article I I "natural bom Citizen" is. Not being

satisfied with giving us its opinion on whal a "natural bomCitizen" is as i l pertains to persons bom in the




United Slates, the court in Footnote 15 even cautioned that while the quesiion of whelher someone born

oul ofthe UnitedSlates can be a "natural bom" Citizen was nol before i l , its decision should not be

interpreted lo mean that being bom in the Uniied States is the only way someone can be a "natural bom

Cifizen."

As we have seen, Ankeny is simply bad law for many reasons. The main one is that it rests on the

incorrect notion lhat Wong Kim A rk declaring that Wong was a "citizen of the United States" from the

moment of birth under the Fourteenth Amendment necessarily means that the Court said he was a "natural

bom Cifizen." Such a posifion is remarkable given that the Indiana court itself admitted in its own opinion

that it is aware that the Constitufion contains both "natural bom Citizens" and "citizens of the Uniied

Stales" and lhat the Wong holding did nol include "natural bom Citizen."

So, any citation to Ankeny v. Governor of Indiana is misguided for at least two reasons, and as we have

seen above there are many more. It read Minor v. Happersett as having doubts about who was a "natural

bom Citizen" when i l had no such doubt. Its doubts were only whelher a child bom in the U.S. to alien

parents was a "citizen" under the law existing prior to the Fourteenth Amendment and necessarilyalso

under that very amendment, l l also read Wong Kim A rk as resolving those non-existing doubts and

holding that Wong was a "natural born Cifizen."Bul Justice Gray only held that Wong was a "citizen of

the United States" under the Fourteenth Amendment. He never held lhat he was a "natural born Citizen."

So Wong, not addressing the issue, never resolved any doubts concerning what a "natural born Citizen"

is. In fact, the Court cited and quoted Minor v. Happersett's definition ofthe clause which was a child

bom in the couniry to citizen parents.

Judge Malihi finds that Obama "became a citizen al birth and is a natural born citizen." What he is saying

is lhat by the mere fact lhat Obama was a citizen at birth, he is a "natural bom Citizen." Bu l this is nol the

definition of a "natural born citizen." Judge Malihi's definifion must fail just on a textual basis. The

clause is "natural bom Citizen," not "bom Citizen." The "natural" must also be given meaning. And when

we do give "natural" meaning, we see that i l cannot be separated from the word of art and idiom, "natural

bom Cifizen" which meansa child bom in the couniry lo citizen parents.

The Founders and Framers looked for a cifizenship standard that would assure them that the Presidenl andCommander in Chief would have the most allegiance, attachment, and loyalty to the republic. A

citizenship test lhat depended only upon when a child became a cifizen would not be sufficient, for it

alone would nol say anything of how the child would be reared. But a lest that included lo whom a childwas bom and that provided some indication of how the child would be raised much better provided for

their needs forallegiance to the nation. For those reasons, a "natural born citizen" could not just depend

upon being declared a citizen from the moment of birth, which any positive law could declare. Rather, the

Founders and Framers included two natural componenis which were that the child wouldhave to be born

in the couniry lo citizen parents. This was the time-honored definition of a "natural bom Citizen" under

natural law and the law of nations and this is what theyaccepted.

A "born cifizen," "cifizen al birth," "citizen by birth" or "citizen from birth," ifhe or she does not satisfy

this original American common law definifion, is an Article I I "Cifizen of theUnited States" as definedby the Fourteenth Amendment, Congressional Acl, or treaty, but not an Article I I "natural bom Citizen"

as defined by natural law and the law of nations which definition is a child born in the country to citizen

parents. In other words, a "bom . . . citizen ofthe Uniied States" under the Fourteenth Amendment or

Congressional Act is simply a person bom in the United States and "subject to the jurisdiciion thereof"

As can be seen, in the Fourteenth Amendment there is no citizen parents requirement, bul there is a

"subject lo the jurisdiction thereof requirement. In contradistinction, in the "natural bom Citizen"

definition, there is a citizen parents requirement, but there is no "subject to the jurisdiciion thereof

requirement, for being born in the country lo citizen parents, such a child could not be bom olher than




"subject to the jurisdiciion" of the Uniied States. Since the amendment is designed only to allow someone

lo become a member of the United Stales and nothing more, according to Wong Kim Ark there is no need

lo require citizen parents bul at least lo require that thc child be born "subjeci lo the jurisdiciion" of the

United Slates. Since a child that is bom in the United Stales lo cifizen parents will always be bom

"subject to the jurisdiciion" of the United Stales, we do not engage in "jurisdiciion" analysis when

exploring whether one is a "natural bom Citizen," but rather just look lo see that the person was born in

the United States to citizen parents. This is why Minor engaged in no "subject to the jurisdiciion" analysis

when examining Virginia Minor's citizenship slalus. On the other hand, since under Wong Kim Ark a

Fourteenth Amendment (or Congressional Acl) "bom . . . citizen of the Uniied Stales" can be bom in the

Uniied Slates to one or two alien parents, Wong Kim Ark instmcts that we must do a "subjeci lo the

jurisdicfion" analysis which is whal it did of Wong. A ll this tells us that there is a fiindamental

constitutional difference between an Article II "natural bom Citizen," who is bom within the sole, full ,

and complete legaL political, and military allegiance and jurisdicfion and therefore sole citizenship of the

United States and a Fourteenth Amendment "bom . . . citizen of the Uniied Slates" who is born with

divided allegiance, jurisdiction, and cifizenship.

I f any "bom citizen," "citizen at birth," "citizen by birth" or "citizen from birlh" does nol satisfy the

"natural bom Cifizen" definition, we cannot simply amend Article II by changing the definition of a

"natural bom Citizen" to one of these phrases. In other words, we cannot just lake an Arlicle 11 "Citizen

ofthe United States" as defined by the Fourteenth Amendment or Congressional Acl and convert that

person into an Arficle I I "natural bom Citizen" as defined by American common law which has itsbasis

in natural law and the law of nations. Rather, i f one is going to mainlain lhat he or she is an Article 11

"natural bom Citizen," then let he or she prove i l under the lime-honored definition of the clause. Lel us

nol accepl lhal the definition of an Article 11 "natural bom Citizen" has somehow been changed to some

olher phrase such as a "citizen at birth" or "citizen by birth" wilhout seeing any evidence of lhat ever

happening. Let us not because of political expediency take someone who may at best be a Fourteenth

Amendment "citizen ofthe United States" and convert that person inlo an Article I I "natural bom

Cifizen." The burden of proof is on those seeking to change the Constitution and its original and long

standing definition ofa "natural born Citizen," nol on those who are fighting to preserve, protect, and

defend them.

So as we can see, our U.S. Supreme Court has given the exact "natural born Citizen" clause only one

definition and that is a child bom in the country to citizen parents. See Minor v. Happersett (1875); U.S.

V. Wong Kim Ark (1898). This means lhat only a child bom in the United States lo two parents who are

either Article I I "natural born Citizens" or Fourteenth Amendment or statutory "born or naturalized . . .

citizens of the Uniied States" is an Article II "natural bom Cifizen." This is the consensus opinion of a

"natural born Citizen" as provided by our U.S. Supreme Court and Congress since the beginning of our

nation. Consequenfiy, a "Citizen oflhe United Stales" is any citizen so made by Act of Congress, treaty,

or other posilive law such as the Fourteenth Amendment. Indeed, while a Fourteenth Amendment "bom .

. . citizen of the United States" may be bom with dual and divided allegiance lo the United Slates, an

Article I I "natural bom Cifizen" is born only within the sole, f i i l l , complete, and undivided legal, political,

and militaryallegiance and jurisdiction of and sole citizenship in the United Stales.

A "natural bom Citizen" includes all those who are bom with no foreign allegiance and excludes all those

who are born with any foreign allegiance. On the other hand, a "citizen," "native-bom citizen," "bom

Citizen," or "citizen of the Uniied States" who is not a "natural born Citizen" can be born with foreign

allegiance but through posifive law is nevertheless naturalized lo be a "cifizen of the Uniied States" eilher

at birth or after birlh. Hence, a "natural born Citizen" has only one definition which vvas recognized

during the Founding and which has been confirmed by our U.S. Supreme Courl, Congress, and other

historical sources. That definition is a child born in the couniry lo cifizen parents. Satisfying this

definifion removes from the child foreign allegiance which may attach by birth on foreign soil (by jus




soli) or by birth to one or two foreign parents (by jus sanguinis). It is by satisfying this definition that one

is bom wilh no foreign allegiance and thus attached and loyal only to the Uniied States. Consequently, all

"natural bom Citizen[s]" are "citizens of the United States," bul nol all "citizens of the Uniied Slates" are

"natural bomCilizen[s]." Therefore, any "bom . . . citizen o f thc United Stales" under the Fourteenth

Amendment must still show lhal he or she satisfies the Ainerican common law definition of a "natural

bom Citizen" in order lo be considered a "natural bom Citizen." Failing to make lhal showing, a "born"

or "native bom" citizen under the Fourteenth Amendment is just lhal but not an Article I I "natural bom

Citizen."

Judge Malihi has nol made any findings of fact conceming the question of where Obama was bom.

Obama the candidate wants lo be Presidenl again. Under Arlicle I I , Section 1, Clause 5, Obama has the

burden of proof lo conclusively prove that he is a "natural born Citizen." As part of lhal burden, he has lo

conclusively prove that he was bom in the United Slates. Neither Obama nor his attorney appeared at the

hearing lo presenl any evidence on the issue. Judge Malihi found the plaintiffs' documentary evidence to

be insufficienl for whaiever purposes it could have been used. Nor did he find that that evidence, which

includes a paper copy of the computer scan of Obama's alleged long form birth certificate, lo be sufficient

to prove lhal Obama was bom in Hawaii. We can see from the exact words used by Judge Malihi lhat

Obama has failed to carry his burden to conclusively prove lhat he was bom in the United Stales. Judge

Malihi said lhal he "considered" that Obama was bom in the United States. We do not know what thismeans and it appears that Judge Malihi attempts to avoid the issue of whether he found that Obama was

bom in the United Stales. Clearly, "considered" does not mean found. Since Obama failed to cairy his

burden of proof as to his place of birth and Judge Malihi's decision actually confirms that fact, the

Georgia Secreiary of State should reject Judge Malihi's decision and rule on his own that Obama nol be

placed on the primary ballot.

Should the Georgia Secreiary of Stale find lhal there is sufficient evidence in the record which

conclusively shows that Obama was bom in the Uniied Slates, then he can slill find lhat Obama is slill nol

a "natural born Citizen." We have seen lhal Judge Malihi relies on Ankeny which is bad law when it

comes lo the definition of an Arlicle I I "natural born Citizen." He fails in nol giving controlling effecl to

the U.S. Supreme Court case of Minor which clearlydefined a "natural born citizen." Finally, Judge

Malihi incorrectly reads Wong Kim A rk and gives controlling effect to lhal incorrect reading. The lime-honored American common law definition of the clause is a child bom in the country lo citizen parents.

There is no dispute that Obama was bom to a non-U.S. citizen father (his father was a British cifizen) and

U.S. citizen mother. Being bom to an alien falher, Obama also inherited his father's British citizenship

under the British Nafionality A ct 1948. A ll this demonstrates that Obama was nol born in the fu l l and

complete legal, political, and mililary allegiance and jurisdiction of the United Stales. He is Iherefore not

an Article I I "natural bomCitizen" and cannot be placed on the Georgia primary ballot.

Mario Apuzzo, Esq.

Febmary 3, 2012

hltp://puzol .blogspot.com/

####

Copyright ©2012Mario Apuzzo, Esq.

All Rights Reserved




Noonan e t a l . aga ins t Bowen e t a l . Case N o .3 4 -2 01 2-8 00 01 04 8

PAMELA BARNETT'S ALTERNATIVE W RIT FOR A EXPEDITED HEAR ING ON

THE MERITS OF EVIDENCE AND FOR CONTINUA NCE IN SCHEDULING INRESPONSE TO BARACK OB AM A, OBAMA FOR AME RICA DEMURRER TO

PLAINTIFFS' PETITION FOR A WRIT OF MANDATE and RESTRAINT OF FUND

RAISING

Exhibit 13



O F F I C E OF S T A T E A D M I N I S T R A T I V E H E A R I N G S

S T A T E OF G E O R G I A

D A V I D FARRAR, LEAH L A X , CODY JUDY,

THOMAS MALAREN, LAURIE ROTH,

Plainfiffs,

v.

BA RA CK O B A M A ,

Defendarit.

D A V I D P. WELDEN,

Plaintiff,

V .


Defendant.

CA RL SWENSSON,

Plaintiff,

v.


Defendant.

F I L E DO.SA(l

FEB 0 3 2012

Weik RiilV. LcMfil iVsbisliiiU

Docket Number: OSAH-SECSTATE-CE-1215136-60-MALIHI

Counsel for PlaintifTs: Orly Taitz

Counsel forDefendant: Michael Jablonski

Docket Number: OSAH-SECSTATE-CE-1215137-60-MALIHI

Counsel for Plaintiff: Van R. Irion

Counsel for Defendanl: Michael Jablonski

Docket Number: OSAH-SECSTATE-CE-

1216218-60-MALIHI

Counsel for Plaintiff: J. Mark Hatfield

Counsel for Defendant: Michael Jablonski

K E V I N RICHARD POWELL,

Plainfiff ,

v.


Defendant.

Docket Number: OSAH-SECSTATE-CE-

1216823-60-MALrHI

Counsel for Plaintiff: J. Mark Hatfield

Counsel for Defendant: Michael Jablonski



D E C I S I O N '

Plaintiffsallege that Defendant President Barack Obama does not meet Georgia's

eligibility requirements for candidacy in Georgia's 2012 presidential primary election.

Georgia law mandates that candidates meet constitutional and statutory requirements for

the office that they seek. O.C.G.A. § 21-2-5(ai). Mr. Obama is a candidate for federal

.office who has been certified by the state executive committee of a political party, and

therefore rnust, under Georgia Code Section 21-2-5, meet the constitutional and statutory

qualifications for holding the Office of the President of the United States. Id. The United

States Constitution requires that a President be a "natural born [c]itizen." U.S. Const, art.

I I , § 1, cl . 5.

As required by Georgia Law, Secretary of State Brian Kemp referredPlaintiffs'

challenges to this Court for a hearing. O.C.G.A. § 21-2-5(b). A hearing was held on

January 26, 2012. .The record closed on February 1, 2012. Plaintiffs Farrar, Lax, Judy,

Malaren, and Roth and their counsel Orly Taitz, Plaintiffs Carl Swensson and Kevin

Richard Powell and their counsel J. Mark Hatfield, and Plaintiff David P. Welden ahd his

counsel Van R. Irion, all appeared and answered the call of the case. However, neither

Defendant nor his counsel, Michael Jablonski, appeared or answered. Ordinarily, the

Coiirt would enter a default order against a party that fails to participate in any stage of a

proceeding. Ga. Comp. R. & Regs. 6I6-l-2-.30(l) and (5). Nonetheless, despite the

' This Decision has been consolidated to include the four challenges to President Obama's candidacy filedby Plaintiffs David Farrar, et al., DavidP. Welden, Carl Swensson, and Kevin RichardPowell. Section I ofthis Decision applies only to the case presented by Ms. Taitz on behalf of Mr. Farrar and his co-plaintiffs,

Leah Lax, Cody Judy, Thomas Malaren, and Laurie Roth, and does not pertain, in any way, to the cases ofMr. Welden, Mr. Swensson, and Mr. Powell. Section I I applies to all Plaintiffs.



Defendant's failure to appear, Plaintiffs asked this Court to decide the case on the merits

of their arguments and evidence. The Court granted Plaititiffs' request.

By deciding this niatter on the merits, the Court in no waycondones the conduct

or legal scholarship of Defendant's attomey, Mr. Jablonski. This Decision is entirely

based on the law, as well as the evidence and legal arguments presentedat the hearing.



I. Evidentiary Arguments of Plaintiffs Farrar, et al.

Plaintiffs Farrar, Lax, Judy, Malaren, and Roth contend that President Barack

Obaiiia is not a natural born citizen. To support this contention. Plaintiffs assert that Mr.

Obama maintains a fraudulently obtained social security number, a Hawaiian birth

certificate that is a computer-generated forgery, and that he does not otherwise possess

valid U.S. identification papers. Further, Plaintiffs submit that Mr. Obama has previously

held Indonesian citizenship, and he did not use his legal name on his notice of candidacy,

which is either Barry Soetoro or Barack Obama Soebarkah. (Pl.s' Am. Compl. 3.)

At the hearing. Plaintiffs presented the testimony of eight witnesses and seven

exhibits in support of their position. (Exs. P-1 through P-7.) When considering the

testimony and exhibits, this Court applies the same rules of evidence that apply to civil

nonjurycases in superior court. Ga. Comp. R. «& Regs. 616-l-2-.18(l)-(9). The weight

to be given to any evidence shall be determined by the Court based upon its reliability

and probative value. Ga. Comp. R. &. Regs. 616-1-2 .18(10).

The Court finds he testimony of the witnesses,as well as the exhibits tendered, to

be of little, if any, probative value, and thus wholly insufficient to support Plaintiffs'

allegations.'' Ms. Taitz attempted to solicit expert testimony fi-om several of the

witnesses without qualifying or tendering the witnesses as experts. See Stephens v. State,

219 Ga. App. 881 (1996) (the unqualified testimony of the witness was not competent

evidence). For example, two of Plaintiffs' witnesses testified that Mr. Obama's birth

^ Originally, Ms. Taitz indicated to the Court that she would offer the testimony of seven witnesses.

However, during her closing argument, Ms. Taitz requested to testify. Ms. Taitz was swom and began her

testimony, but shortly thereafter, the Court requested that Ms. Tatiz step-down and submit any further

testimony in writing.

The credibility of witnesses is within tlie sole discretion of the trier of fact. In non-jury cases that

discretion lies with the judge. See Mustang Tramp., Inc. v. W.W. Lowe & Sons, Inc., 123 Ga. App. 350,

352(19.71).



certificate was forged, but neither witness was properly qualified or tendered as an expert

in birth records, forged documents or document manipulation. Another witness testified

that she has concluded that the social security number Mr. Obama uses is fraudulent;

however, her investigatory methods and her sources of information were not properly

presented, and she was never qualified or tendered as an expert in social security i-aud, or

fi-aud investigations in general. Accordingly, the Court cannot make an objective

threshold determination of these witnesses' testimony without adequate knowledge of

their qualifications. See Knudsen v. Duffee-Freeman, Inc., 95 Ga. App. 872 (1957) (for

the testimony of an expert witness to be received, his or her qiialifications as such must

be first proved).

None of the testifying witnesses provided persuasive testimony. Moreover, the

Court finds that none of the written submissions tendered by Plaintiffs have probative

value. Given the unsarisfactory evidence presented by the Plaintiffs, the Court concludes

that Plaintiffs' claims are not persuasive.



II . Application of the "Natural Bom Citizen" Requirement

Plaintiffs allege that President Barack Obama is not a natural bom citizen of the

United States and, therefore, is not eligible to run in Georgia's presidential primary

election. As indicated supra, the United States Constitution states that "[n]o person

except a natural bom Citizen... shall be eligible for the Office of the President . . . ."^

U.S. Const, art. U, § 1, cl. 5.

For the purpose of this section's analysis, the following facts are considered: 1)

M r. Obama was bom in the United States; 2) Mr. Obama's mother was a citizen of the

United States at the time of his birth; and 3) Mr. Obama's father was never a United

States cifizen. Plaintiffs contend that, because his father was not a U.S. citizen at the time

o f his birth, Mr. Obama is constitutionally ineligible for the Office of the President of the

United States. The Court does not agree.

In 2009, the Indiana Court of Appeals ("Indiana Court") addressed facts and

issues similar to those before this Court. Arkeny v. Governor, 916 N.E.2d 678 (Ind. Ct.

App. 2009). In Arkeny, the plaintiffs sought to prevent certification of Mr. Obama as an

eligible candidate for president becausis he is not a natural bom citizen. Jd. at 681. The

plainfiffs argued, as the Plaintiffs argue before this Court, that "there's a very clear

distincfion between a 'cifizen of the United States' and a 'natural bom Cifizen,' and the

difference involves having [two] parents of U.S. cifizenship, owing no foreign

allegiance." Id. at 685. The Indiana Court rejected the argument that Mr. Obama was

" The definition of this clause has been the source of much debate. See, e.g., Gordon, IVho Can Be

Presidenl o f the UnitedStates: The Unresolved Enigma, 2i M d. L. Rev. 1 (1968)j Jill A. Pryor, Note, The

Natural-Born Citizen Clause and Presidential Eligibility: An Approach f o r Resolving Two Hundred Years

o f Uncertainty, 97 Yale L.J. 881 (1988); Christina S. Lohman, Presidential Eligibility: The Meaning ofthe

Natural-Born Citizen Clause, 36 Gonz. L. Rev. 349 (2000); William T. Han, Beyond Presidential

Eligibility: The Natural Born Citizen Clause as a Source o f Birthright Citizenship, 58 Drake L. Rev. 457

(2010).



ineligible, stating that children bom within the United States are natural bom citizens,

regardless of the cifizenship of their parents. Id. at 688. This Couit finds the decision

and analysis ofArkeny persuasive.

The Indiana Court began its analysis by attempring to ascertain the definition of

"natural bom citizen" because the Constitution does not define the term. Id. at 685-86;

See Minor v. Happersett, 88 U.S. 162, 167 (1875) ("The Consfitution does not, in words,

say who shall be natural bom citizens. Resort musf be had elsewhere to ascertain that.");

see also United States v. Wong Kim Ark, 169 U.S. 649 (1898) (noting that the only

mention of the term "natural bom citizen" in the Consfitution is in Article II, and the term

is not defined in the Constitufion).

The Indiana Court first explained that the U.S. Supreme Court has read the

Fourteenth Amendment and Article II (na:tural bom citizen provision) in tandem and held

that "new citizens may be bom or they may be created by naturalization." Id. at 685

(cifing Minor, 88 U.S. at 167); See U.S. Const, amend. X I V , § I. ("All persons bom or

naturalized in the United States and subject to the jurisdicfionthereof, are citizens of the

United States . . . . " ) . In Minor, the Court observed that:

At common-law, with the nomenclature of which the fi-amers of the

Consfitufion were familiar, it was never doubted thait all children bom in a

country of parents who were its citizens became themselves, upon their

birth, cifizens also. These were natives, or natural-bom citizens, as

distinguished from aliens or foreigners. Some authorities go further and

include as citizens children bom within the jurisdiction without reference

to the citizenship of their parents. As to this class there have been doubts,but never as to the first. For the purposes ofthis case it is not necessary to

solve these doubts.

Id : at 167-68. Plainfiffs ask this Court to read the Supreme Court's decision in Minor as

defining natural bom citizens as only "children bom in a coimtry of parents who were its



citizens." 88 U.S. at 167. However, the Indiana Court explains that Minor did not define

the term natural bom citizen. In deciding whether a woman was eligible to vote, the

Minor Court merely concluded that children bom in a country pf parents who were its

citizens would qualify as natural bom, and this Court agrees. The Minor Court left open

the issue of whether a child bom within the United States of alien parent(s) is a natural

bom citizen.

Next, the Indiana Court looked td United States v. Wong Kim Ark, in which the

Supreme Court analyzed the meaning of the \yords "citizen of the United States" in the

Fourteenth Amendmerit and "natural bom citizen of the United States" in Article ll to

determine whether a child bom in the United States to parents who, at the fime of the

child's birth, were subjects of China "becomes at the time of his birth a citizen of the

United States, by virtue of the first clause of the fourteenth amendment...." Id. at 686

(citing Wong Kim Ark, 169 U.S. at 653). The Indiana Court determined that the two

provisions "must be interpreted in the light of the common law, the principles and history

of which were familiarly known to the fi-amers ofthe constitution." Id . (citing Wong K im

Ark, 169 U.S. at 654). The Indiana Court agreed that "[t]he interpretation of the

constitution of the United States is necessarily influenced by the fact that its provisions

are framed n the language of the English common law, andare to be read in the light of

its history." Id . (citing Wong Kim Ark, 169 U.S. at 655) (intemal citafion omitted). The

Wong Kim Ark Court extensively examined the common law of England in its decision

and concluded that Wong Kim A rk, who was bom in the United States to alien parents.



became a citizen of the United States at the time of his birth.^ Wong Kim Ark, 169 U.S. at

705.

^ The Wong Kim A rk Court explained:

The fundamental principle of the common law with regard to English nationality was birth

within the allegiance, also called "ligealty," "obedience," "faith" or "power," of the King. The

principle embraced all persons born within the King's allegiance and subject to his protection.

Such allegiance and protection were mutual . . . aind were not restricted to natural-bom

subjects and naturalized subjects, or to those who had taken an oath of allegiance; but were

predicable of aliens in amity, so long as they were within the kingdom. Children, bom in

England, of such aliens, were therefore naUiral-bom subjects. But the children, bom within

the realm, bf foreign ambassadors, or the children of alien enemies, bom during and witliin

their hostile occupation of part of the King's dominions, were not natural-bom subjects,

because not bom within the allegiance, the obedience, or the power, or, as would be said at

this day, within the jurisdiction of the King.

169 U.S. at 655.

It thus clearly appears that by the law of England for the last three centuries, beginning before

the settlement of this country, and Continuing to the present day, aliens, vyhile residing in tlie

dominions possessed by the Crown of England, were wiihin the allegiance, tlie obedience, the

faith or loyalty, the protection, the power, the jurisdiction, of the English Sovereign; and

therefore every child bom in England of alien parents was a natural-bom subject, unless the

child of an ambassador or other diplomatic agent of a foreign State, or of an alien enemy in

hostile occupation of the place where tlie ch ild was bom.

Id . at 658. Further:

Nothing is better setded at the common law than the doctrine that the children, even of aliens,

bom in a country, while the parents are resident there under the protection of the govemment,

and owing a iemporar>' allegiance thereto, are subjects bybirth.

Id . at 660 (quoting Inglis v. Trustees o f Sailors' Snug Harbor, 28 U.S. (3 Pet.) 99, 164 (1830) (Story, J,,

concurring)). And:

The first section of the second article ofthe constitution uses the language, 'a natural-bom

citizen,' It thus assumes that citizenship may:be acquired by birth. Undoubtedly, this language

o f the constitution was used in reference to that principle of public law, well understood in

this country at the time of the adoption of the constitution, which referred citizenship to the

place of birth.

Id . at 662 (quoting Dred Scott v. Sanford, 60 U.S. (19 How.) 393, 576 (1856) (Curtis, J., dissenting)).

Finally:

A ll persons bom in the allegiance ofthe king are natural-bora subjects, and all persons bora in

the allegiance ofthe IJnited States are natural-bora citizens. Birth and allegiance go together.

Such is the rule of the common law, and it is the conimon law of this country, as well as of

England.

Id . at 662-63 (quoting United Slates v. Rhodes, (1866) (Mr. Justice Swayrie)).



Relying on the language of the Constitution and the historical reviews and

analyses o f Minor and Wong Kim Ark, the Indiana Court concluded that

persons bom within the borders of the United States are "natural bom

citizens" for Article I I , Section 1 purpipses, regardless of the citizenship of

their parents. Just as a person "bom within the British dominions [was] a

natural-bom British subject" at the time of the framing of the U.S.

Constitution, so too were those "bom in the alleigiance of the United States

[] natural-bom citizens."

916 N.E.2d at 688. The Indiana Court determined that a person qualifies as a natural bom

cifizen i f he was bom in the United States because he became a United States cifizen at

birth.^

Fpr the purposes of thjs analysis, this Court considered that President Barack

Obama was bom in the United States. Therefore, as discussed in Arkeny, he becamea

cifizen at birth and is a natural bom cifizen. Accordingly,

C O N C L U S I O N

President Barack Obama is eligible as a candidate for the presidential primary

election under O.C.G.A. § 21-2-5(b).

SO ORDERED, February 3"*, 2012.

M I C H A E L M . M A L I H I , Judge

* This Court recognizes that the fVong Kim Ark case was not deciding the meaning o f "natural bom citizen"

for the purposes of determining presidential qualifications; however, this Court finds the Indiana Court's

analysis and reliance on thesecases to be persuasive.

10



Noonan e t a l . aga ins t Bowen e t a l . Case N o .3 4 -2 01 2-8 00 01 048

PAMELA BARNETT'S ALTERNATIVE W RIT FOR A EXPEDITED HEAR ING ON

THE MERITS OF EVIDENCE AND FOR CONTINUAN CE IN SCHEDULING I NRESPONSE TO BARACK OB AM A, OBAMA FOR AME RICA DEMURRER TO

PLAINTIFFS' PETITION FOR A WRIT OF MANDATE and RESTRAINT OF FUND

RAISING

Exhibi t 14



Generally Recognized Presidential Candidates


(Revised February 28, 2012)Barack Obama Democratic

Obama fo r America

PO Box 803638

Chicago, IL 60680

Phone: (312) 698-3670Website: www.barackobama.com

Newt Gingrich Republican

Newt 2012

PC Box 550769

Atlanta, GA 30355

Phone:(678) 973-2306

Website: www.newt.org

FredKarger Republican

Fred Karger fo r President

2745 Woodstock RdLos Angeles, CA 90046

Phone: (202) 365-2321

Websile: www.Fredkarger.com

Ron Paul Republican

Ron Paul 2012 Presidential Campaign Committee

8000 Forbes PI, Sle 200

Springfield, VA 22151

Phone: (703) 563-6620

Websile: www.ronpaul2012.com

Charles E. "Buddy" Roemer, 111 RepublicanBuddy Roemer fo r President

PO Box 84877

Baton Rouge, LA 70884

Phone: (603) 782-4812

Websile: www.buddvroemer.com

Mitt Romney Republican

Mitt Romney fo r Presidenl

PO Box 149756

Boston, MA 02114-9756

Phone:(857)288-3500

Website; www.mittromnev.com

Rick Sanlorum Republican

Rick Santorum fo r President

PO Box 37

Verona, PA 15147

Phone:(888)321-6675

Websile: www.ricksantorum.com

Page 1 of 3





(Revised February 28, 2012)Edward C. Noonan American Independent

1713 l l " ' Ave

Olivehurst, CA 95961

Mad Max Riekse American IndependentPO Box 82

Fruitport, M I 49415

Laurie Roth American Independent

2903 Maple St

Longview, WA 98632

Roseanne Barr Green

Roseanne fo r President 2012

214 Main Sl #293

El Segundo, CA 90245

Phone: (646) 423-8383Websile: www.roseanneforpresidenl.com

Kent Mesplay Green

Mesplay for Presidenl

5173 Waring Rd #204

San Diego, CA 92120

Email: [email protected]

Websile: www.mesplav.org

Jill Stein Green

Jill Stein for President

PO Box 260217Madison, Wl 53726-0217

Email: [email protected]

Websile: www.iillstein.org

Roger Gary Libertarian

lll9WAshby PI

San Antonio, TX 78201

R. J. Harris Libertarian

3334 W Main St Box 402

Norman, OK 73072

Gary Johnson Libertarian

280 S 400 W Sle 220

Salt Lake City, UT 84101

Page 2 of 3





(Revised February 28, 2012)Scotl Keller Libertarian

8754 Handel Loop

Land O Lakes, FL 34637

James Ogle Libertarian715 9"'Sl

Pacific Grove, CA93950

Carl Person Libertarian

325 W 45"' Sl Ste 201

New York, NY 10036-3803

Bill Still Libertarian

44564 Blue Ridge Meadows Dr

Ashbum,VA 20147

Barbara Joy Waymire Libertarian2710 County Rd 202

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