I spoke to Lt. Col. Donald Sullivan Friday night, November 14, 2008. Mr. Sullivan confirmed that his lawsuit
challenging Barack Obama’s eligibility to be president was filed on November 7, 2008 and is awaiting being
put on the Superior Court calendar in Pender County NC. We discussed upholding the US Constitution and our reasons for being committed to ensuring that the Constitution be followed and upheld, I explained what
this blog has been involved in and offered my services.
Before the general election, Citizen Wells sent notification to all 50 states of the Philip J Berg lawsuit
and Barack Obama’s failure to provide legal proof of his eligibility to be president. I contacted the
NC Board of Elections and Secretary of State’s office on multiple occasions via telephone and email. The
Board of Elections response was that they had been aware of the Berg lawsuit for several months and they tried to compare it to a lawsuit filed earlier against John McCain. The response I received had an air of political bias.
I will cooperate with Lt. Col. Donald Sullivan as required. Independently, I am going to reestablish contact
with the NC Secretary of State’s office and remind them of their constitutional duty, go over NC election
law and relate lawsuits in California as well as 2 still before the US Supreme Court. I will also be
presenting a new article that I believe will provide some new insights into the responsibilities of
federal and state judges as well as state officials.
Here are some exerpts from the lawsuit filed on November 7, 2008, by Lt Col. Donald Sullivan against Elaine Marshall, the NC Secretary of State, and the NC Board of Elections:
“1.2 Defendant, North Carolina Board of Elections, is an appointed agency of the State of North Carolina General Assembly, with oversight authority in matters pertaining to State elections and election irregularities including, but not limited to, candidate/electee eligibility, with offices at 506 Harrington Street, Raleigh, NC, 27611, and with a mailing address of PO Box 27255, Raleigh, NC, 27611-7255. Upon information and belief, the Process Agent for said entity is Director Gary O. Bartlett of the same address.
1.2. Defendant, Elaine F. Marshall, a/k/a Elaine Marshall is an adult individual with an office address of Old Revenue Building, 2 S. Salisbury Street, PO Box 29622, Raleigh, NC, 27626-062, and the elected North Carolina State Secretary of State. Upon information and belief, the Process Agent for said individual and entity is Ann Wall at PO Box 29622, Raleigh, NC, 27626.”
“MEMORANDUM IN SUPPORT OF PLAINTIFF’S DEMAND FOR AN ORDER FOR INJUNCTIVE RELIEF
4.1.
I, Lt. Col. Donald Sullivan, Plaintiff, hereby offer this memorandum in support of my motion for injunctive relief and to demand performance of constitutional duties related to the offices of the North Carolina Board of Elections and the North Carolina State Secretary of State, Elaine F. Marshall, a/k/a Elaine Marshall, [hereinafter Defendants”]. Upon information and belief, all my allegations and aversions herein are true and verifiable.
4.2.
My complaint challenges Mr. Barack Hussein Obama’s, eligibility to run for, or hold, the Office of President of the United States and demands that the Offices of the Board of Elections and the Secretary of State make such determination by acquisition of original documentation or by receipt of verifiable information from other government entities so charged with overseeing the election process, such as the Federal Elections Commission.
4.3.
I argue that when a challenge is received by the North Carolina State Board of Elections to the qualification for office of an individual appearing on the North Carolina State Ballot, that the entire burden of proof falls on the candidate for Office to present such information and documentation to the North Carolina State Board of Elections as would be normal and customary to establish one’s minimum qualifications for office.
4.4.
I further argue that the Office of the Board of Elections has the Constitutional and Statutory authority to make such determinations as part of certifying and executing fair and open elections.
4.5.
I further argue that it is sufficient to show only reasonable cause for complaint to the Board of Elections for that Board to require documentation of the respective individual relevant to determination of minimum qualification; that, lacking explicit statute defining the requisite documentation, the Board of Elections has the intrinsic authority to set those reasonable standards that would establish certain confidence in the people in the electoral process.
4.6.
Plaintiff seeks focused and expedited review, to protect the veracity of the electoral process, maintain the people’s confidence in the government and to support defend the Constitutions of North Carolina and of the United States of America.”
Citizen WElls 
Hi CW,
Do you by any chance have a list of names of all those who have filed lawsuits and/or a Petition of Writ of Mandate against Obama? The list must be getting huge.
Thanks for all your hard work. You are a true American patriot.
Here are 2 sites:
http://americamustknow.com/default.aspx
http://www.democratic-disaster.com
Thanks Citizen. This issue of courts declaring “lack of standing” bothers me. If an American citizen doesn’t have standing to question a candidate’s eligibility, who does? This suit in NC by this soldier, in particular, should have tremendous standing. This soldier will be risking his life and the safety of our country by going to combat, under the direction of an ineligible commander in chief. Not only that, but if Obama is truly ineligible, then treaties become invalid, and any declaration of war would be invalid as well. Our military, who are sworn to uphold are constitution, could risk being charged with war crimes for action under the direction of an ineligible president.
The catastrophe would produce everlasting damage. We need to uphold our constitution, plain and simple. thanks for your hard work, and the voice of truth and justice, despite all odds against us patriots fighting for our constitution.
Hi Cw and #1!!! How have you been?
If the courts in various states are throwing out all of the cases based on the Virginia case, what hope is there of stopping Obama from becoming our next president?
Hello Patty, Jersey girl!
I’ve been okay. I hope you and your family are well.
Hi CW,
Thanks a lot for the sites!
Can you get one of your military friends to address this:
http://jbjd.wordpress.com/2008/11/15/find-out-whether-barack-obama-is-a-natural-born-citizen-as-required-under-article-ii-of-the-us-constitution-and-stop-the-electoral-college-from-voting-for-him-if-he-is-not/
Hi Citizen, love your blog.
I ahve a question and an interesting point. Is Lt. Col. Sullivan still active? I ask because service persons and the National Guard could ahve a REAL reason to sue and truly have standing.
Here’s why:
“Issue: Given that the President functions as Commander in Chief (“CIC”) of the armed services under the U.S. Constitution; that the CIC is authorized to order members of the armed services, including the national guard, into combat duty; that while serving combat duty such combatants may logically be required to inflict casualties on the enemy; and that causing the death of another under the color of law but not the rule of law could subject that combatant to criminal charges of murder and, on conviction, to execution for his crime; does a member of the military or national guard, currently deployed in or scheduled for deployment to a combat situation, have the particularized standing required by the federal court so as to create a case or controversy under Article III of the U.S. Constitution to successfully petition the federal court to examine whether Barack Obama is a natural born citizen and rule on his eligibility to be POTUS?
Answer: Yes.
Mr. Berg justified his presence before the court by citing the Declaratory Judgment Act. But as Obama successfully argued, this Act only affords a procedural remedy to an underlying cause of action. Thus, “a court must find an independent basis for jurisdiction.” And there is no federal cause of action under Article II. However, there certainly is a cause of action under 42 U.S.C. §1983 for soldiers who would be compelled to engage in conduct that could result in execution, deprived of due process of law because their Commander in Chief is ineligible for office.
42 U.S.C. §1983 states
Every person who, under color of any statute, ordinance, regulation, custom or usage of any State . . . , subjects, or causes to be subjected, any citizen of the United States or any other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law …. “In order to bring action under §1983, one must allege that defendant violated plaintiff‘s constitutional rights and the deprivation must have been committed by a person acting under color of state law. Barna v. City of Perth Amboy, 42 F.3d 809, 816 (3rd Cir. 1994). Under the definition of acting under state law, the defendant in a §1983 action must have exercised power ”possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.“ West v. Atkins, 487 U.S. 42, 49 (1988) (quoting U.S. v. Classic, 313 U.S. 299, 326 (1941)). ”
Here is the source:
http://jbjd.wordpress.com/2008/11/15/find-out-whether-barack-obama-is-a-natural-born-citizen-as-required-under-article-ii-of-the-us-constitution-and-stop-the-electoral-college-from-voting-for-him-if-he-is-not/
I hope this is true and can help someone if not Lt Col. Sullivan.
Hi CW, I just voted for best blog at
http://2008.weblogawards.org/nominations/best-blog/
Noquarter, CW & LarrySinclair
Hey, Patty in NJ, how u been, haven’t seen u around lately, hope all is well.
Thanks and God bless.
This is great news – I’m glad that the good guys are getting organized, but I see one problem that is not being addressed: Lack of evidence.
We need very conclusive evidence if we are to convince a judge that a serving senator and President-Elect has been deceiving us.
Finding somebody with standing to challenge Obama is important progress but it’s only half the challenge, and I’m afraid we have not learnt the lessons from Berg’s initial defeat.
Donate to that effort and get your friends to:
http://www.peoplespassions.org/
I doubt that the court system will help at all. I think it would be more effective if thousands of voters signed a petition, demanding that Obama prove his eligibility by releasing his original Birth Certificate, and send this petition to all the elected electors and to all major media outlets. This would spark more public interest and eventually force Obama to repsond to the basic question.
Congratulations on your nominations, Mr. Well. I share Carly’s sentiments too and will also post a vote for your blog as well. I respect your love for your country and it’s on that principle that I will make a nomination for you and also Mr. Zach Jones (God Bless America). Cannot wait until all of this mystery surrounding the President-elect’s actual birthplace comes to an end. Our economy is tanking and we are at war abroad so the country needs to be united before or on January 20, 2009.
Al
Mr. Wells, my apologies for omitting the “s” in my initial post as it concerns your name. Peace.
Al
Hi Carly, I miss talking to you all. We are all fine!!
Thanks all.
God bless.
Stay tuned for a new article on NC hopefully today.
Thanks for keeping us up to date.
To Goldie: Lt. Col. Sullivan would have the designation (R) following his name if he wasn’t active duty.
To Start a Petition: Too quiet, too easy to ignore. Fifty marches on fifty state capital buildings on the same time at the same hour across the nation. Enough people that the press can’t ignore it.
I beg to differ.
Go back a few months to Illinois and Governor Blagojevich. He missed recall, I believe, by one vote.
Thank you Fernley Girl! Also, I love your idea of the marches!
To Fenrley Girl: I agree. How can we do it?
we are in for one hell of a fight this next for years for the truth I never seen such media suppression like this for anyman running for president I know my history on germany during world war two and there is to many simularitys like the propaghanda and the missinformation in the MSM this guy O is almost untouchable he is like teflon this is scary and all sheeps are headed for the cliffs.
Aha, good idea!;)