Category Archives: Federal Court

Strunk v Department of State update, September 9, 2010, Stanley Ann Dunham Obama Soetoro passport records, Citizen Wells open thread

Strunk v Department of State update, September 9, 2010, Stanley Ann Dunham Obama Soetoro passport records

From BirtherReport.com September 8, 2010.

“DUNHAM/OBAMA/SOETORO FOIA UPDATE: This is in regards to the recent partial-dump of Stanley Ann Dunham/Obama/Soetoro’s passport records under the FOIA. As previously reported here, all pre-1965 passport records for Stanley Ann Dunham(Obama’s Mama) were said to be destroyed even though they are required to maintain passport records for 100 years.

Christopher Strunk whom first obtained the Dunham records(after a court order) under the FOIA filed his ‘Second Supplement Declaration in Opposition to Defendant’s Motion for Summary Judgment to Dismiss’ on August 25, 2010. You can view the first ‘Declaration in Opposition to Defendant’s Motion for Summary Judgment to Dismiss’ that was filed on August 9, 2010, here. The complete second declaration is embedded below.”

Read more:

http://obamareleaseyourrecords.blogspot.com/2010/09/strunk-v-department-of-state-update.html

Wiley S Drake, et al Alan Keyes v Obama appeal update, September 7, 2010, Obama motion to extend time to answer brief

Wiley S Drake, et al Alan Keyes v Obama appeal update, September 7, 2010, Obama motion to extend time to answer brief

From BirtherReport.com September 7, 2010.

“Just more proof that Obama & Gang are working hard to dismiss/quash Obama eligibility lawsuits. Well, in this case, filing an extension to drag it out a bit longer. Mr. Usurper, would it not be easier to just release the records these lawsuits seek? Not long ago you stated this; “The only people who don’t want to disclose the truth are people with something to hide.” …I agree 100%!!!

Text of the motion; APPELLEES’ MOTION TO EXTEND TIME TO FILE ANSWERING BRIEF

Appellee President Barack Obama and all other Appellees, through their counsel of record, the United States Attorney for the Central District of California, hereby respectfully move this Court for an order extending the time for thirty (30) days from the current due date of September 13, 2010, to and including October 13, 2010, for the Appellees to file their Answering Brief in this appeal. Undersigned counsel will be unable timely to complete the Answering Brief by its current due date of September 13, 2010. The reasons for the requested extension are set forth in the attached Declaration of Assistant United States Attorney David A. DeJute. This is the Appellees’ first request for an extension of time.

This motion is made pursuant to Rules 26(b) and 27 of the Federal Rules of Appellate Procedure and Rule 31-2.2(b) of the Rules of the United States Court of Appeals for the Ninth Circuit and is based upon the files and records in this case and on the attached declaration of Assistant United States Attorney David A. DeJute. This request is unopposed by Appellants Wiley S. Drake, et al. but is opposed (without explanation or reason) by Appellants Pamela Barnett, Captain, et al. – DATED: September 3, 2010

Read more:

http://obamareleaseyourrecords.blogspot.com/2010/09/obama-et-al-file-motion-for-extension.html

Obama not natural born citizen, The Blaze, Glenn Beck, Call me, Citizen Wells open thread, September 2, 2010

Obama not natural born citizen, The Blaze, Glenn Beck, Call me, Citizen Wells

“Why has Obama, for over 2 years, employed numerous private and government attorneys to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells and millions of concerned Americans

Glenn Beck stated that he started The Blaze, TheBlaze.com, to counteract misinformation from websites like the Huffington Post. I will not let Beck get away with insulting concerned Americans who question Obama’s eligibility. Especially three star generals.

https://citizenwells.com/2010/09/01/the-blaze-theblaze-com-lakin-court-martial-glenn-beck-v-arianna-huffington/

From the Citizen Wells archives December 28, 2008.

“Why I ask, should not the ‘injunctions and prohibitions’ addressed by
the people in the Constitution to the States and the Legislatures of
States, be enforced by the people through the proposed amendment?” 
“The oath, the most solemn compact which man can make with his Maker,
was to bind the State Legislatures, executive officers, and judges to
sacredly respect the Constitution and all the rights secured by it.”
Rep. Bingham (See Cong. Globe, 39th, 1st Sess., 1090 (1866))

“To understand the intent of the founding fathers in using the words
“natural born citizen”, to define presidential eligibility, one must
first examine any influential documents and opinions from those
involved in crafting the US Constitution. What is clear and indisputable
is the following:

  • A naturalized citizen is a citizen by no act of law such as naturalization.
  • A child born to US citizens on US soil is a natural born citizen.
  • The Naturalization Act of 1790 provided the following:

“the children of citizens of the United States that may
be born beyond Sea, or out of the limits of the United
States, shall be considered as natural born Citizens””

“Vattel’s “The Law of Nations”, written in 1758, was a
valuable reference guide for the founding fathers.

“§ 212. Citizens and natives.
The citizens are the members of the civil society; bound to this society by
certain duties, and subject to its authority, they equally participate in
its advantages. The natives, or natural-born citizens, are those born in the
country, of parents who are citizens.”

“Chief Justice of the Supreme Court, Justice John Jay, on
July 25, 1787, wrote the following to George Washington:

“Permit me to hint, whether it would be wise and seasonable to provide
a strong check to the admission of Foreigners into the administration
of our national Government; and to declare expressly that the commander
in chief of the American army shall not be given to, nor devolve on any
but a natural born citizen.””

“The Lightfoot lawsuit in CA states the obvious:

“This letter shows that the meaning of natural born citizen, is one
without allegiance to any foreign powers, not subject to any foreign
jurisdiction at birth.””

“After the US Constitution was written, further
clarifications can be found

“All persons born in the United States and not subject to any foreign
power, excluding Indians not taxed, are declared to be citizens of the
United States.”

1866, Sec. 1992 of U.S. Revised

“every human being born within the jurisdiction of the United States of
parents not owing allegiance to any foreign sovereignty is, in the
language of your Constitution itself, a natural born citizen.””

“Rep. Bingham on Section 1992 (Cong. Globe, 39th, 1st Sess., 1291 (1866))

“Bingham subscribed to the same view as most everyone in Congress at the
time that in order to be born a citizen of the United States one must be
born within the allegiance of the Nation. Bingham had explained that to
be born within the allegiance of the United States the parents, or more
precisely, the father, must not owe allegiance to some other foreign
sovereignty (remember the U.S. abandoned England’s “natural allegiance”
doctrine). This of course, explains why emphasis of not owing allegiance
to anyone else was the affect of being subject to the jurisdiction of the
United States.””

“United States v. Wong Kim Ark, March 28, 1898 Reveals the following:

“Nevertheless, Congress has persisted from 1795 in rejecting the English
rule and in requiring the alien who would become a citizen of the United
States, in taking on himself the ties binding him to our Government, to
affirmatively sever the ties that bound him to any other.”

“It is beyond dispute that the most vital constituent of the English
common law rule has always been rejected in respect of citizenship of
the United States.”

“Considering the circumstances surrounding the framing of the Constitution,
I submit that it is unreasonable to conclude that “natural-born citizen”
applied to everybody born within the geographical tract known as the United
States, irrespective of circumstances, and that the children of foreigners,
happening to be born to them while passing through the country, whether of
royal parentage or not, or whether of the Mongolian, Malay or other race,
were eligible to the Presidency, while children of our citizens, born abroad,
were not.”

“Greisser was born in the State of Ohio in 1867, his father being a German
subject and domiciled in Germany, to which country the child returned.
After quoting the act of 1866 and the Fourteenth Amendment, Mr. Secretary
Bayard said:

Richard Greisser was no doubt born in the United States, but he was on his
birth “subject to a foreign power,” and “not subject to the jurisdiction
of the United States.” He was not, therefore, under the statute and the
Constitution a citizen of the United States by birth, and it is not
pretended that he has any other title to citizenship.”

“And it was to prevent the acquisition of citizenship by the children of
such aliens merely by birth within the geographical limits of the United
States that the words were inserted.

Two months after the statute was enacted, on June 16, 1866, the Fourteenth
Amendment was proposed, and declared ratified July 28, 1868. The first
clause of the first section reads:

All persons born or naturalized in the United States and subject to the
jurisdiction thereof, are citizens of the United States and of the State
wherein they reside.

The act was passed and the amendment proposed by the same Congress, and it
is not open to reasonable doubt that the words “subject to the jurisdiction
thereof” in the amendment were used as synonymous with the words “and not
subject to any foreign power” of the act.””

“Perkins v Elg, 307 U.S. 325,328 (1939) differentiates between a US citizen
and a natural born citizen.  Ms. Elg, was born in Brooklyn, NY to an
American mother and a Swedish father was a US citizen, but not a natural
born citizen.”

The entire article can be and should be read here:

https://citizenwells.wordpress.com/2008/12/28/natural-born-citizen-obama-is-not-eligible-obama-birth-certificate-us-constitution-founding-fathers-intent-lawsuits-obama-kenyan-vattel%e2%80%99s-the-law-of-nations-john-jay-berg-donofrio-k/

TheBlaze.com, Glenn Beck radio, Obama birth certificate, Legal ad, Your legal document has to stand up in court

TheBlaze.com, Glenn Beck radio, Obama birth certificate, Legal ad

“Your legal document has to stand up in court.”…Glenn Beck radio show ad for Legal Service

Yes, Glenn Beck, your legal document had better stand up in court. For example, Barack Obama presenting a legal birth certificate in court. Beck stated he started his new site, TheBlaze.com, to counteract the lies being told by sites such as the Huffington Post. Well Glenn, are you going to present the truth, the facts? For example, asking the simple, no brainer question:

“Why has Obama, for over 2 years, employed numerous private and government attorneys to avoid presenting a legitimate birth certificate and college records?”

You know, a legal document that will stand up in court.

Glenn, I am still waiting on a call.

USS Cole trial on hold, Abd al-Rahim al-Nashiri, Obama administration, Political decision

USS Cole trial on hold, Abd al-Rahim al-Nashiri, Obama administration, Political decision

From the Washington Post.

“The Obama administration has shelved the planned prosecution of Abd al-Rahim al-Nashiri, the alleged coordinator of the Oct. 2000 suicide attack on the USS Cole in Yemen, according to a court filing.
The decision at least temporarily scuttles what was supposed to be the signature trial of a major al-Qaeda figure under a reformed system of military commissions. And it comes practically on the eve of the 10th anniversary of the attack, which killed 17 sailors and wounded dozens when a boat packed with explosives ripped a hole in the side of the warship in the port of Aden.

In a filing this week in the U.S. Court of Appeals for the District of Columbia, the Justice Department said that “no charges are either pending or contemplated with respect to al-Nashiri in the near future.”

The statement, tucked into a motion to dismiss a petition by Nashiri’s attorneys, suggests that the prospect of further military trials for detainees held at Guantanamo Bay, Cuba, has all but ground to a halt, much as the administration’s plan to try the accused plotters of the Sept. 11, 2001, attacks in federal court has stalled.
Only two cases are moving forward at Guantanamo Bay, and both were sworn and referred for trial by the time Obama took office. In January 2009, Defense Secretary Robert M. Gates directed the Convening Authority for Military Commissions to stop referring cases for trial, an order that 20 months later has not been rescinded.

Military officials said a team of prosecutors in the Nashiri case has been ready go to trial for some time. And several months ago, military officials seemed confident that Nashiri would be arraigned this summer.

“It’s politics at this point,” said one military official who spoke on the condition of anonymity to discuss policy. He said he thinks the administration does not want to proceed against a high-value detainee without some prospect of civilian trials for other major figures at Guantanamo Bay.”

Read more:

http://www.washingtonpost.com/wp-dyn/content/article/2010/08/26/AR2010082606353.html?wprss=rss_nation

JoAnn Chiakulas Blagojevich juror speaks out, Prosecution case weak, Emphasis on selling Obama senate seat

JoAnn Chiakulas Blagojevich juror speaks out, Prosecution case weak

Although I do not totally agree with Blagojevich juror JoAnn Chiakulas, she does make a point about the case that the prosecution didn’t make against ex governor Rod Blagojevich. JoAnn Chiakulas has finally spoken out about her decisions. From the Chicago Tribune August 27, 2010.

“Battling stomach pains and fatigue, JoAnn Chiakulas would take the train into the city each morning knowing that her resolve was disappointing some people and infuriating others.

But the 67-year-old grandmother said she also knew that as a juror in Rod Blagojevich’s corruption trial, she had a responsibility to follow her conscience and the law. She said she did not believe he or his brother committed a crime with their actions to fill Barack Obama’s Senate seat, so she would not find them guilty despite what other jurors, prosecutors and, perhaps, the general public wanted.

If it was going to be 11-1, so be it.
“I could never live with myself if I went along with the rest of the jury,” Chiakulas told the Tribune in her first media interview since the trial ended. “I didn’t believe it was the correct vote for me.”

The jury deliberated on the sweeping corruption charges for 14 days and, in the end, convicted Rod Blagojevich of one count of lying to the FBI. The panel was split on the 23 other counts, prompting the judge to declare a mistrial and the government to promise a retrial.”

“Chiakulas and two other jurors broke their silence in an interview Wednesday night and offered their account of the deliberations and the trial’s aftermath. Also attending was longtime Chicago Tribune contributor Ruth Fuller, a family friend who helped arrange the meeting.

Chiakulas said she found Blagojevich’s recorded statements on the Senate vacancy to be so scattered and disorganized that his actions did not reach the level of a criminal conspiracy.

One day he chattered about being the Indian ambassador, for example, then in the next conversation he discussed another plan. In the space of a few weeks, he talked about appointing, among others, Illinois Attorney General Lisa Madigan, Oprah Winfrey or himself.

She said she never saw him formulate a clear plan to sell the seat. But in voting him not guilty, she stressed she did not find him innocent.

“I thought he was narcissistic,” she said. “I thought he was all over the place. I thought he was just rambling.”

It also concerned Chiakulas that some key witnesses who testified against Blagojevich had cut deals with prosecutors before testifying, she said.

“Some people in (the jury room) only saw black and white,” Chiakulas said. “I think I saw, in the transcripts and in the testimony, shades of gray. To me, that means reasonable doubt.””

“Still, the holdout label upsets Chiakulas and some other jurors because, they say, it wrongly suggests she was a Blagojevich apologist. To the contrary, she readily acknowledged the governor’s faults during deliberations and made it clear that she didn’t condone his behavior or leadership, Moore said.

“She admitted he talks too much, he sounds like an idiot sometimes,” Moore said. “She said, ‘But we’re not here to determine whether he talks like an idiot sometimes. That’s not what he’s on trial for.'””

“While Chiakulas shunned the media spotlight in the days after the verdict, the loquacious Blagojevich appeared on national television to thank her for her resolve and proclaim that she has reaffirmed his faith in God.

When asked about his comments, Chiakulas frowned and slightly shook her head.

“I didn’t do it for him,” she said.”

Read more:

http://www.chicagotribune.com/news/local/ct-met-blagojevich-jury-20100827,0,7458628,full.story

Blagojevich retrial hearing, August 26, 2010, Judge James Zagel, Citizen Wells open thread

Blagojevich retrial hearing, August 26, 2010, Judge James Zagel

The retrial hearing for Rod Blagojevich takes place today, Thursday, August 26, 2010.

From the Chicago Tribune.

“The retrial of Rod Blagojevich could look decidedly different from the first go-around if the bombastic father-and-son team of Sam Adam and Sam Adam Jr. drop off the case, as the former governor’s lead lawyers have hinted since last week.

Both Adams have suggested they want out of a repeat performance, with the younger one telling attorneys in the case that it’s time for him and his father to move on, according to sources.

Sheldon Sorosky, another Blagojevich lawyer who could remain on a reduced two-member defense team, said Wednesday he believes the younger Adam, whom he described as a “legal Michelangelo,” may struggle to find the energy to tackle the mammoth task again.

Adam’s closing argument was marked by loud and passionate pleas, a flurry of government objections and even an apology for sweating on a juror.

Some answers could become apparent Thursday as U.S. District Judge James Zagel holds the first public status hearing since the trial ended last week, with the jury convicting Blagojevich of lying to the FBI about his knowledge of political fundraising but deadlocking on all the other 23 counts.”

“”The primary purpose (for the hearing) is to set a new trial date,” Sorosky said. “Then, as in any retrial situation, the second purpose — which this time may eclipse the first — is the lawyer situation.”

In a private conference last week with attorneys in the case, Zagel said he expects the former governor to be allowed just two lawyers for the retrial.

Blagojevich, who had seven attorneys for the first trial, has tapped out his $2.7 million campaign fund, which under Zagel’s supervision was used to pay his legal fees. Rules under the Criminal Justice Act allow a defendant whose defense is paid for with taxpayer funds to have no more than two lawyers.”

Read more:

http://www.chicagobreakingnews.com/2010/08/blagojevich-hearing-could-answer-question-over-lawyers.html

Blagojevich trial January 2011?, Judge James Zagel, Public defenders, Citizen Wells open thread, August 24, 2010

Blagojevich trial January 2011?, Judge James Zagel, Public defenders

From the Chicago Tribune August 23, 2010.

“At a private meeting last week with lawyers in the case, U.S. District Judge James Zagel said he was eyeing January for a second trial and suggested he would appoint two attorneys for Blagojevich at taxpayer expense, according to sources familiar with the matter.

Blagojevich’s legal team of seven lawyers was paid from his campaign funds for the first trial, but taxpayers will have to foot the bill for the retrial because the $2.7 million in campaign money ran out.

No date for a retrial has been picked, and the matter remains fluid, those with knowledge of the meeting said. The attorneys are scheduled to meet for a public status hearing in front of Zagel on Thursday.”

Read more:

http://www.chicagotribune.com/news/local/blagojevich/ct-met-blagojevich-retrial-0824-20100823,0,7833059.story

Patrick Fitzgerald, Justice Department corruption, Obama protected before and after 2008 election

Patrick Fitzgerald, Justice Department corruption, Obama protected before and after 2008 election

Judicial Watch assessment of the Rod Blagojevich trial.

“If you read the press coverage of this verdict, it is clear that public reaction to the verdict is nearly universal: “One count? That’s it!? Is this a joke?”

No, it’s no joke. And, truthfully, this is the result I expected after the government wrapped up its case. It looked like the prosecution’s case was distorted in order to protect President Obama, Rahm Emanuel and Valerie Jarrett. It’s that simple.”
“It looked to me that the trial was turning into a political nightmare for the Obama White House. And this may explain why the prosecution shut their case down a month early.”
“Let’s hope prosecutors get it right this time. I suspect that Eric Holder’s politicized Justice Department interfered with the investigation conducted by the reputedly independent U.S. Attorney Patrick Fitzgerald.”

Read more:

http://www.judicialwatch.org/weeklyupdate/2010/33-obama-steps-ground-zero-mosque-mess#anchor2

Judicial Watch makes some good points. They are certainly correct about Holder and Fitzgerald. However, as reported here for many months, Blagojevich should have been arrested many months earlier and this trial is about Chicago corruption involving Blagojevich, Rezko and Obama going back to at least 2002.

From Citizen Wells July 15, 2010

“Patrick Fitzgerald was aware of Blagojevich’s corruption in 2003

“Pamela Meyer Davis had been trying to win approval from a state health planning board for an expansion of Edward Hospital, the facility she runs in a Chicago suburb, but she realized that the only way to prevail was to retain a politically connected construction company and a specific investment house.

Instead of succumbing to those demands, she went to the FBI and U.S. Attorney Patrick J. Fitzgerald in late 2003 and agreed to secretly record conversations about the project.””

Read more

Before the 2008 election, before the alleged selling of the senate seat, CBS 2 Chicago reported the following on September 24, 2008.

“A source tells CBS 2 News Wednesday night that a team of federal agents believes it has the evidence needed to indict Governor Rod Blagojevich.

Investigators believe they’ve established solid evidence of fraud and conspiracy.

However, they are not the ones who make the decision to prosecute. It’s up to U.S. Attorney Patrick Fitzgerald and the Justice Department in Washington.”

http://cbs2chicago.com/local/governor.blagojevich.indict.2.825033.html

Have any of the big media players pointed this out? Blagojevich was convicted on one count of lying to the FBI in 2005. At the absolute latest they had this nailed down by the Tony Rezko trial in early 2008.

From the Blagojevich indictment.

“On or about March 16, 2005, in Chicago, in the Northern District of Illinois, Eastern Division,

ROD BLAGOJEVICH,

defendant herein, did knowingly and willfully make materially false, fictitious and fraudulent statements and representations in a matter within the jurisdiction of the Federal Bureau of Investigation, an agency within the executive branch of the Government of the United States, when ROD BLAGOJEVICH,

interviewed by agents of the Federal Bureau of Investigation in the presence of his counsel, stated in sum and substance that:
Since the time that he became governor,
(i)
ROD BLAGOJEVICH maintains a separation or firewall between politics and state business; and
(ii)
ROD BLAGOJEVICH does not track, or want to know, who contributes to him or how much they are contributing to him;

Whereas, in truth and in fact, as ROD BLAGOJEVICH then well knew, these statements were false;
In violation of Title 18, United States Code, Section 1001(a)(2).”
Once again I present this video which is damning for Patrick Fitzgerald.

Drake v Obama, Brief filed, Ninth Circuit Court of Appeals, Citizen Wells open thread, August 22, 2010

Drake v Obama, Brief filed, Ninth Circuit Court of Appeals

Just in from Wiley Drake, plaintiff in Drake v Obama.

“This is the brief we filed last Thursday (8/12) in the ninth circuit.”
“STATEMENT OF THE CASE

APPELLANTS, members of the American Independent Party, bring this
appeal from the District Court’s October 29, 2010, ruling granting the defendants’
Motion to Dismiss (ER 1). APPELLANTS seek a determination by the Court as to
whether Respondent Barack Obama (hereinafter referred to as “OBAMA”) met all
the constitutional requirements for eligibility for the office of the President of the
United States.”

“STATEMENT OF THE FACTS

A. The Parties

APPELLANTS are members of the American Independent Party. Drake was
the Vice-Presidential nominee for the American Independent Party in the 2008
Presidential Election on the California Ballot. Robinson was a pledged Presidential
Elector for the American Independent Party in the 2008 Presidential Election for
the California ballot and was at the time the Chairman of the American
Independent Party.

OBAMA is a former United States Senator from Illinois and currently sits as
President of the United States. Respondent Michelle Obama is the wife of Mr.
Obama. Respondent Joseph R. Biden currently sits as Vice-President of the United
States and as President of the United States Senate. Respondent Robert M. Gates is
the Secretary of Defense for the United States. Respondent Hillary R. Clinton is
the Secretary of State for the United States.”

Read more