Obama is not eligible, Virginia Petition for Writ of Mandamus, Circuit Court, Richmond Virginia, Judge Walter W. Stout III, Court ruling, Wild Bill, VA Board of Elections, Obama camp fraud?, Breaking News **

Another Obama Camp scam?

When I first read about the Virginia lawsuit claiming Obama is ineligible and the subsequent ruling by
the judge, it did not smell right. I have reread the exerpts placed on the internet and after much thought
and deciding that I had to read the Petition and the judges ruling, I searched for a record of the filing
and hearing on the official Virginia Courts website. I did extensive searching by names and dates and
found nothing. After much searching, I called the clerk of court’s office. I was told that several people
had called inquiring about the case and they could find no record of any case.

Internet accounts of alleged Petition and judge ruling

So, who is Wild Bill?

“Great News
written by Wild Bill, October 22, 2008

The Virginia lawsuit (actually a Petition for Writ of Mandamus) was filed today. Ironically, we almost missed filing and serving due to the thousands of people downtown today to see Obama speak. In even better news, the Honorable Walter W. Stout III, the chief judge, granted our motion for an emergency hearing and set a briefing schedule. We were required to serve the Board of Elections a copy of the schedule today (which we did). We must file our brief and all supporting evidence on Friday. The Board of Elections has until the 28th to file a response.

We may file a reply on the 29th and the hearing will be held on the 30th at 1:30p.m.
We did send copies of the suit and orders to the local media, but unlike some people, we are more interested in pursuing the legal battle, not whoring ourselves out to the media. For that same reason we are not setting up a website or soliciting donations.
We will let you know how things progress.”

Found here:

http://peoplespassions.org/peoplesvoice

So, where did this come from?

“Virginia State Court Dismisses Action Challenging Obama’s Eligibility to be President
The November 03, 2008 regarding the Virginia State Court Dismissal Action Challenging Obama’s Eligibility to be President is not the result of a conspiracy, nor is it the result of a biased or unprincipled judge. I would hope all patriotic Americans would feel the same way and avoid making unfounded scurrilous remarks about the judge or the judicial system. (ObamaCrimes.com)

Review:

There are two parts – first the response on the State’s argument that the Board of Elections is not responsible for vetting candidates for president, second the issues we raised regarding Mr. Obama’s citizenship.

[Part 1: State’s argument that the Board of Elections is not responsible for vetting candidates for president] With respect to the first part, the judge noted that in a presidential election, unlike any other election, the electorate votes for a slate of electors, not directly for the presidential candidates. The judge noted that there is no question that all of the proposed VA electors are qualified to hold that position (a position we never contested). The judge recognized the problem with this is that perhaps there is no entity that is responsible for vetting the presidential candidates. Some on this site have argued that the DNC is responsible for vetting their candidates. There is no legal support for that argument. The judge held that the Constitutional requirements for a presidential candidate are to be determined solely by the congress in session when the electoral votes are cast.

The court cited Federal legislation further details the process for counting electoral votes in Congress. 3 U.S.C. 15. Section 15, which directs that Congress shall be in session on the appropriate day to count the electoral votes, with the President of the Senate presiding. It directs that designated individuals shall open, count and record the electoral votes, and then present the results to the President of the Senate, who shall then “announce the state of the vote.” The statute provides a mechanism for objections then to be registered and resolved:

“[e]very objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made . . . shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision.”

Thus the court denied the motion for a writ of mandamaus and dismissed the petition.

As I mentioned earlier, this was the argument that I think the State had the best chance on and it strikes me as correct. Much as the membership of the Senate is controlled by the senate (see, e.g. the senator Stevens discussion), the constitution places the power to determine presidential eligibility on the congress.

Based on this, our real battle should be to contact our representatives and senators and make certain that an objection is brought at the time of the counting of the electoral votes. Remember, this will be the new congress, so wait until Wednesday when you know who your new representatives and senators are.

The Court could have ended there, but it went beyond this initial holding and addressed our other arguments (this is not uncommon – just as lawyers often make alternate arguments, courts regularly provide alternate holdings in case one is rejected).

[Part 2: issues we raised regarding Mr. Obama’s citizenship]

The Court made the following findings:
1. The Certification of Live Birth presented to the court is unquestionably authentic. The court noted that the certification had a raised seal from the state of Hawaii, had a stamp bearing the signature of the registrar of vital statistics. The court found “wholly unpersuasive” any of the internet claims that the birth certificate was altered in any way. Furthermore, the document itself was accompanied by an affidavit from the State Health Director (of Hawaii) verifying that the document is an authentic certification of live birth.

The court held that there could be no doubt that the document was authentic unless one believed that the state of Hawaii’s health department were in on an elaborate and complex conspiracy – and that there is not a shred of evidence that this is the case.

2. The Certification of Live Birth establishes that Mr. Obama is a natural born citizen. The affidavit of the State Health Director states that the information on the CLOB is identical to the information on the “vault” copy of the birth certificate, and that both documents establish that Mr. Obama was born in Honolulu. The Court noted that the CLOB is valid for all citizenship purposes. The court noted our argument that the COLB is not valid for determining citizenship, but referred us to Hawaiian law that states otherwise. “There is no difference between a certificate and a certification of live birth in the eyes of the state. For instance, either can be used to confirm U.S. citizenship to obtain a passport or state ID.” The court found that Hawaiian law makes the COLB valid for all purposes with the exception of determining native Hawaiian heritage for certain state and federal benefits. The court held that if Mr. Obama were born elsewhere and the birth registered in Hawaii, the “place of birth” line on the COLB would reflect that fact. The court stated that there could be no doubt that Mr. Obama was born in Hawaii and that any argument to the contrary was fanciful and relied on completely unsubstantiated internet rumors.

3. For that reason, 8 U.S.C. §1401(g), which at the relevant time provided as follows: “The following shall be nationals and citizens of the United States at birth: ***(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years:…..is irrelevant to this matter, as Mr. Obama was conclusively born in Hawaii.

4. Mr. Obama did hold dual citizenship in the U.S. and Kenya until he became an adult. When Barack Obama Jr. was born Kenya was a British colony. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.’s children: “British Nationality Act of 1948 (Part II, Section 5): Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.” In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom by virtue of being born to a father who was a citizen of the UK. Obama’s UK citizenship became an Kenyan citizenship on Dec. 12, 1963, when Kenya formally gained its independence from the United Kingdom. The court noted that Chapter VI, Section 87 of the Kenyan Constitution specifies that:

1. Every person who, having been born in Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Kenya on 12th December, 1963…

2. Every person who, having been born outside Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Kenya by virtue of subsection (1), become a citizen of Kenya on 12th December, 1963.

Thus the court held that as a citizen of the UK who was born in Kenya, Obama’s father automatically received Kenyan citizenship via subsection (1). So given that Obama qualified for citizen of the UK status at birth and given that Obama’s father became a Kenyan citizen via subsection (1), thus Obama did in fact have Kenyan citizenship in 1963.

However, the court further held that the Kenyan Constitution prohibits dual citizenship for adults. Kenya recognizes dual citizenship for children, but Kenya’s Constitution specifies that at age 21, Kenyan citizens who possesses citizenship in more than one country automatically lose their Kenyan citizenship unless they formally renounce any non-Kenyan citizenship and swear an oath of allegiance to Kenya. The court held that there was no evidence that Mr. Obama has ever renounced his U.S. citizenship or sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4, 1982.

The court held that there was no legal requirement that Mr. Obama renounce his Kenyan citizenship or affirm his U.S. citizenship in order to maintain his status as a natural born citizen.

5. Mr. Obama did not lose his U.S. Citizenship based on the acts of his parents, including adoption by an Indonesian citizen. The Court held that no action taken by the parents of an American child can strip that child of his citizenship. The court cited to the 1952 Immigration & Nationality Act, Title III, Chapter 3, Sections 349 and 355, which was in effect in the late 1960s when Obama went to Indonesia, and which stated that a minor does not lose his US citizenship upon the naturalization of his parents or any other actions of his parents, so long as the minor returns to the US and establishes permanent US residency before the age of 21. Thus the adoption of Obama did not serve to strip him of his U.S. citizenship. The fact that Indonesian law does not allow dual citizenship is irrelevant, as U.S. law controls. Furthermore, the Court held that traveling on a foreign passport does not strip an American of his citizenship. The Court noted first that there was no evidence that Mr. Obama traveled on an Indonesian passport (Mr. Berg and others we reached out to for evidence never provided any evidence of this claim or any other of the claims we could have used some proof of.) Nonetheless, the court held that such travel does not divest an American of his citizenship.

The Court makes other holdings and findings that I won’t bother you with here. Needless to say, the decision is wholly against us. The court finds the claims against Mr. Obama’s citizenship “wholly unpersuasive and bordering on the frivolous, especially in light of the complete absence of any first-hand evidence on any critical issue” and further classifies it as “conspiracy theory of the lowest sort, fueled by nothing than internet rumor and those who truly want to believe egging each other on.””

And what prompted Lan Lamphere to state the following?

“There is no need to file a lawsuit against Barack Obama.  No court will ever hear it and no committee will ever act on it even if it was won.” – Lan Lamphere

Found here:

http://www.lanlamphere.com/public/2008/11/14/virginia-state-court-dismisses-action-challenging-obamas-eligibility-to-be-president/

If this is not another attempt by the Obama camp to shore up credibility and discredit those such as Philip J Berg, please respond with proof to the contrary.

Also, anyone affiliated with Circuit Court Judge Walter W. Stout III in Richmond Virginia, we would love to get a response from you.

** UPDATE **

I Just found this on

http://americamustknow.com/virginiacase.aspx

“Message:
RE: WILD BILL CASE

I too believe that this case is a “fake case” based on the following:

1. I conducted multiple searches for the case at http://wasdmz2.courts.state.va.us/CJISWeb/circuit.html — Using a variety of names, including Board of Elections, Elections, Election, etc. — and no case was reported.

2. I contacted Judge Stout’s Office (the judge in the case, per Wild Bill. (Info at http://www.courts.state.va.us/courts/circuit/Richmond/home.html). The clerk there could find no record of the case in the docket.

3. I contacted two local Richmond newspapers, with all the info available. There was no subsequent report on the case. Given that at least local news has reported on all similar cases, I find it very hard to believe that local Richmond news would not report on such a substantial opinion.

============
While you and I may have drawn different conclusions about the “facts,” I believe that we both seek the truth and, therefore, provide this research – which you can verify yourself – for your consideration.”

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22 responses to “Obama is not eligible, Virginia Petition for Writ of Mandamus, Circuit Court, Richmond Virginia, Judge Walter W. Stout III, Court ruling, Wild Bill, VA Board of Elections, Obama camp fraud?, Breaking News **

  1. I followed up on the N.C. situation with a local newspaper and received the following response:

    “… sorry I missed you this morning.
    To answer your question: I don’t know.
    If there is a legitimate suit challenging Obama’s legitimacy to serve based on citizenship requirements, then I’m surprised the national media is not all over this. I do remember hearing something about this early in his presidential run. Of course, our staffers don’t report on national matters, we rely on AP for state, national and international news, as most newspapers do. It will be interesting to see where this case leads. It doesn’t appear to be receiving serious attention, even from Fox news and the conservative commentators. Hope you’re doing well.”

    As I stated once before, “radical training” teaches….”Keep Your Enemies Close” ……
    …”Keep the Dissenters Herded”…. Which News Media Dares to Break the Story?’….the answer is apparently “None”
    Why? Because the truth prevails! I am through with this.

    I believe we have been had.

  2. BushHelpsTheRepublic

    It would be useful if President Bush would make this public statement:

    “There is doubt among the people who have followed events as to the citizenship qualification of Barack Obama. In order to help promote national healing…

    I call upon Barack Obama today to release within the next few days, long before the Electoral College meets, and for all the American people to see: certified copies of his original birth certificate AND the declaration of American citizenship he made upon adulthood. Both are necessary.”

  3. zachjonesishome

    Interesting!!!

  4. Thanks for your continued efforts to keep everyone updated on any new developments, Mr. Wells.

    “BushHelpsTheRepublic”, like your idea so we can get this hot-button issue to rest one way or another. The American people deserve at least that much.

  5. Interesting indeed, Mr. Jones. Thanks for your continued patriotism and genuine love for your country. God Bless America!

  6. The N.C. case is legitmate, filed by Donald Sullivan on 11/7/08 at Pender County file #08-CvS-1153, apparently to replace a previous suit he filed 10/20/08 at file #08-CvS-1076, according to the computer database maintained by the N.C. Administrative Office of the Courts.

  7. My mistake: it should have read “legitimate”.

  8. Here is the first national news i have seen so far-http://www.nbcaugusta.com/news/elections/presheadlines/34587804.html

  9. John,

    I believe Lt. Colonel Sullivan’s case is a seperate one from the one mentioned here…but I could be wrong?

  10. Does this mean that Justice Thomas has decided that the Supreme Court should look at or take into consideration Leo Donofrios case ????

    This is the docket at the S.Court … http://origin.www.supremecourtus.gov/docket/08a407.htm

  11. ms. helga…..thank you for your website giving information about the newsbreak by the
    NBC Augusta..com on November 18. Just maybe the truth is yet to prevail…..hope springs eternal in the human breast!

  12. Nov 3 2008 Application (08A407) for stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Souter.
    Nov 6 2008 Application (08A407) denied by Justice Souter.
    Nov 14 2008 Application (08A407) refiled and submitted to Justice Thomas.
    Nov 19 2008 DISTRIBUTED for Conference of December 5, 2008.

    First of all, it is still alive.
    I read something earlier about what would happen if Justice Thomas received it. I would rather wait and get more info before I elaborate.

  13. Well I was 99% convinced before that Obama is not qualified to be President under the Constitutional requirements, but now I see that not only is he willing to spend thousands and thousands of dollars fighting 17 lawsuits with three teams of lawyers, but he is also willing to lie. Oh yeah, I guess I already knew that. What was that about taking public funding if McCain did?
    We still have several more lawsuits going with two of them being very promising.

  14. Thank you Citizen, for all of your information! I am just curious….it is currently 4:50 pm EST…are you in Europe, by chance? I see that you wrote the above at 5:17 pm…Just curious! I hope we succeed in determining Obama’s “eligibility” for the White House !

  15. Were other cases dismissed or thrown out because of the supposed ruling on the Virginia lawsuit by “Wild Bill”? If so, what would be the status of these cases now if the Virginia case is proved to be a fake -and just another Obama fraud? Obama’s camp must be afraid of something to go to these lengths to discourage people from investigating him. He needs to be exposed fully for what he really is.

  16. Kenyan Ambassador to the United States, His Excellency Peter Ogego, admitted in this radio interview that Barack Obama was born in Kenya!

    When WRIF “Mike In The Morning” Mike Clark (Michigan Radio Talk Show) Co-Host asked if there was going to be a marker where Barack Obama was born in Kenya, the Kenya Ambassador Ogego said his birthplace in Kenya “is already an attraction.”

    Next question to Ambassador Ogego was: Will they put up a marker at Obama’s birthplace there? Ogego affirmed: “it’s already well known!”

    His Excellency Peter Ogego, Kenyan Ambassador to the United States admitted in this radio interview that Barack Obama was born in Kenya!

    Interview “LISTEN TO OUR CALLS TO THE KENYAN EMBASSY ABOUT BARACK OBAMA!:”

    LISTEN HERE: http://my.wrif.com/mim/?p=916 See minute: 12:39 on

    CONTACT INFO:
    Contact Mike Clark, WRIF Michigan Radio Talk Show Host: mim@wrif.com

    His Excellency Peter Ogego
    Kenyan Ambassador to the United States
    Contact Ambassador Peter Ogego: http://www.kenyaembassy.com/ambassador.html OR http://www.kenyaembassy.com/contactus.html?SQMSESSID=12e18742378a8e305f4a071c8f87caa8

  17. I am afraid that due to the liberals who have not compulsion about lying or smearing and probably have bought a judge or two that the American people will not be privy to the real truth. Our 66 million morons who voted for this creep, this thug who is about to invade our White House, deserve the “change” they will get. Unfortunately, we, our children and grandchildren will also have to pay the price. Socialism never has worked and it won’t work here. The best thing American’s can do in 2010 is clean our congress – also make certain there is no fraudulent votes – which I’m certain is one of the reasons B. Hussein is president-elect. God help this nation.

  18. Re: “admitted in this radio interview that Barack Obama was born in Kenya!”

    (1) If he admitted it, then presumably there would be files in Kenya that would prove that Obama’s mother were in Kenya at the time and the Kenyan government would not be reluctant to show those files, and that would constitute evidence. So get the evidence.

    (2) A Barack Hussein Obama WAS born in Kenya. The late Barack Hussein Obama SENIOR, Obama’s father.

  19. Since it is quite evident that Barack Obama is not eligible to be President of the United States, when are TV and Radio shows going to inform the American people? They should certainly be made aware of this serious all around fraud created by Barack Obama. He won’t be eligible to be the President Elect until the Electoral College votes him in. I’m hoping that they don’t continue this lie because one lie creates another and another. Nothing that Obama would do while in office would be legitimate.

  20. FOI request for Obama’s birth certificate –found on the internet at http://www.DailyJeff.com-has all 50 SOS emails-1 stop emailing!

    FOI REQUEST TO ALL SOS FOR OBAMA’S BIRTH CERTIFICATE
    We need to find out what the SOS of the various States know about Obama’s birth certificate and qualifications to be president. If you have time, please send/fax/email the following FOI (freedom of information letter) to some or all of the SOS bureau of elections. After you get a response please post on http://www.obamacrimes.com, http://www.freerepublic.com, http://www.peoplespassions.org, http://americamustknow.com,www.rallycongress.com.
    1. The address , fax number and email address for the Bureau of elections for the states are at http://www.eac.gov.
    2. I like the faxes because they will respond quicker to them. Print off your generic FOI request and past/tape the next name over the top and fax it off. See emails listed below for all 50 SOS.Cut and paste to send all 50 at one time. Sit back and wait for answers.

    November 21, 2008
    TO: BUREAU OF ELECTIONS
    Bureau of Elections, California
    1500 11th St, 5th Floor FAX: 916-653-5634
    Sacramento, CA 95814 Email: elections@sos.ca.gov

    ATTN: Freedom of Information Officer
    REF: Freedom of Information Act Request/Privacy Act/ Open Meeting Act, Common Law
    This is a request under the Freedom of Information Act. Please send the following documents for examining and photocopying:
    1. Documents that show that Barack Obama is qualified to be President of the United States , including but not limited to:
    a. Original birth certificate
    b. Proof that he is a natural born United States citizen
    c. Proof that he was born in Kenya
    AS you know , the FOIA provides that if a portions of a document are exempt from release, the remainder must be segregated and disclosed. Therefore, I would like to examine all nonexempt portions of the records that I requested and I ask that you justify and deletions by citing specific exemptions of the FOIA
    This is a continuing request into the future for 6 months.
    If this is not the proper department, please forward to the Election Bureau/SOS.
    I promise to pay reasonable search and duplication fees in connection with this request. (Note: The FOIA permit some fee reduction or waivers).
    Please notify me if the charges will exceed ($20.00), so that I can decide whether to authorize a higher amount.
    Thank you for your assistance, I look forward to receiving your reply within five business days, as required by law.

    Sincerely,
    Robert Johnson
    123 Main St
    Anywhere , CA

    Cc: Clerk of the US Supreme Court
    One First Street N.E.
    Washington, DC 20543
    FAX: (209) 479-3021

    WARNING
    Should any person try to cover up this request or documents herein, BE YOU HEREBY PUT ON NOTICE: You may be indicted under USC Title 18 Sec. 3. 4, 2381, 2382, 2383, and 2384. Also, 4 U.S.C. & 101, federal law requires all state employees and officers take an oath of office and records kept of such administered oath.
    Jeannie.price@sos.alabama.gov,governor@alaska.gov,governorsoffice@asg-gov.net,
    sosadmin@azsos.gov,sos@sosmail.state.ar.us,constituentaffairs@sos.ca.gov,
    secretary@state.co.us ,susan.bysiewicz@po.state.ct.us ,lorilee.harrison@state.de.us ,
    Stephanie.scott@dc.gov,secretaryofstate@dos.state.fl.us,sosweb@sos.state.ga.us,
    elections@aloha.net,sosinfo@sos.idaho.gov,JWhite@ilos.net,
    constituentservices@sos.in.gov,sos@sos.state.ia.us,kssos@kssos.org,sos.secretary@ky.gov,
    bobby.jindal@la.gov,sos.office@maine.gov,bmorris@sos.state.md.us,
    agoweb@state.ma.us,secretary@michigan.gov,secretary.state@state.mn.us,
    administrator@sos.state.ms.us,sosmain@sos.mo.gov,sos@mt.gov,receptionist@sos.ne.gov,
    sosmail@sos.nv.gov,elections@sos.state.nh.us,feedback@sos.state.nj.us,
    nmsos@state.nm.us,info@dos.state.ny.us,emarshal@sosnc.com,sos@nd.gov,
    tworley@sos.state.oh.us,governor@gov.state.ok.us,Oregon.sos@state.or.us,
    pcortes@state.pa.us,correo@fortaleza.gobierno.pr,comments@sec.state.ri.us,
    rdaggerhart@sos.sc.gov,sdsos@state.sd.us,phil.bredesen@state.tn.us,
    secretary@sos.state.tx.us,mshurtleff@utah.gov,dmarkowitz@sec.state.vt.us,
    justice@usvi.org,soc@governor.virginia.gov,mail@secstate.wa.gov,
    wvsos@wvsos.com,wigov@gov.state.wi.us,secofstate@state.wy.us,

  21. Pingback: Is VA Court Dismisses Obama Suit Story A Hoax ? | G.O.P. America

  22. Pingback: Obama thugs, Obama camp lies, Obama eligibility, Court cases, Orwellian lies, Internet lies, Revisionist history, Virginia eligibility case « Citizen WElls

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