Category Archives: Judicial misconduct

William Cellini hearing, December 14, 2011, Motion for retrial, Witness perjury, Chicago Tribune SunTimes evidence

William Cellini hearing, December 14, 2011, Motion for retrial, Witness perjury, Chicago Tribune SunTimes evidence

“Public court records also are available to everyone in this case, as they were to us when we revealed the felony convictions in our Nov. 11 story.”…Gerould Kern, Chicago Tribune Editor

William Cellini, who was convicted of 2 counts of conspiracy to commit extortion and aiding and abetting the solicitation of a bribe on November 1, 2011,  is scheduled for a motion hearing  today, Wednesday, December 14, 2011 in the courtroom of Judge James Zagel.

Daily Calendar

Wednesday, December 14, 2011  (As of 12/14/11 at 06:46:42 AM 

Honorable James B. Zagel                    Courtroom 2503 (JBZ)

1:08-cr-00888   USA v. Cellini                         11:15   In Court Hearing           
1:08-cr-00888   USA v. Cellini                         11:15   Motion Hearing             
1:08-cr-00888   USA v. Cellini                         11:15   Notice of Motion                           

http://www.ilnd.uscourts.gov/home/DailyCal/0.htm

From Citizen Wells December 13, 2011.

“Attorneys for Springfield power broker William Cellini are seeking to overturn his conviction after revelations by the Tribune that one of the jurors apparently did not disclose to the court that she had two felony convictions.
 
As part of that legal effort, Cellini’s defense team subpoenaed the Tribune, demanding reporters’ notes, recordings and other documents related to any interviews with the juror.
 
The Tribune filed a motion to quash those subpoenas Monday morning, but later in the day, U.S. District Judge James Zagel ordered the newspaper to turn over the notes from any conversations with the juror.
 
In the Nov. 11 story first disclosing the juror’s felony convictions, the Tribune wrote that the juror invited a Tribune reporter into the lobby of her apartment building, confirmed she was a juror in the Cellini trial but then declined to answer questions about her criminal background.”

https://citizenwells.wordpress.com/2011/12/13/william-cellini-attorneys-subpoena-chicago-tribune-tribune-reporter-annie-sweeney-account-editor-gerould-kern-statement/

Rod Blagojevich sentencing, December 6, 2011, Judge James B. Zagel, 10:00 AM, Courtroom 2503 (JBZ), Tapes motion denied, John Wyma Testimony?

Rod Blagojevich sentencing, December 6, 2011, Judge James B. Zagel, 10:00 AM, Courtroom 2503 (JBZ), Tapes motion denied, John Wyma Testimony?

“Why did Patrick Fitzgerald and the US Justice Department wait until December 2008 to arrest Rod Blagojevich?”…Citizen Wells

“I believe I’m more pristine on Rezko than him.”…Rod Blagojevich

“Why has the Blagojevich defense team been denied access to the government wiretaps?”…Citizen Wells

Rod Blagojevich, former governor of Illinois, is scheduled for sentencing next Tuesday, December 6, 2011 in the courtroom of Judge James B Zagel.

Daily Calendar

Tuesday, December 6, 2011  (As of 11/29/11 at 05:47:57 AM 

Honorable James B. Zagel                    Courtroom 2503 (JBZ)

1:08-cr-00888   USA v. Blagojevich                     10:00   Sentencing

http://www.ilnd.uscourts.gov/home/DailyCal/0.htm

Once again the Blagojevich defense team has been denied access to over 150 wiretaps. Of course this means we have been denied access as well.

From the Chicago Tribune November 28, 2011.

“Judge denies Blagojevich request to hear new tapes”

“The federal judge who will sentence Rod Blagojevich had harsh words for the former Illinois governor’s attorneys as he denied a request Monday to play new federal wiretap tapes in court.

Blagojevich was convicted at two separate trials on 18 corruption counts, including allegations he tried to sell or trade President Barack Obama’s vacated U.S. Senate seat. Blagojevich will be sentenced next week, and his lawyers last week submitted a list of 180 secret tape recordings the FBI made of the governor and others.

Parts of some recordings were played during his trials, but Blagojevich has long argued that authorities should “play all the tapes.” He says some of the recordings hold evidence demonstrating his innocence.

But Judge James Zagel said Blagojevich’s attorneys hadn’t said what they specifically wanted to prove and what sections of the tapes they wanted to use, echoing complaints made by federal prosecutors.

“What this motion requests is my blind approval of the use of whatever excerpts it decides are relevant to `lack of ill intent’ and admissible … at sentencing,” Zagel said. “That request is denied.””

“The judge scheduled a Friday hearing on another Blagojevich request related to a government witness, John Wyma. Blagojevich’s attorneys are questioning whether Wyma helped the government “in exchange for a government benefit.” Prosecutors denied that allegation at trial.”

Read more:

http://www.chicagotribune.com/news/local/chi-ap-us-blagojevichtrial-,0,1987167.story

From the Chicago SunTimes November 28, 2011.

“Blago’s lawyers want hearing based on new John Wyma information”

“Rod Blagojevich’s lawyers are asking for a special hearing to discuss what they say is new information regarding a key witness at the former governor’s trial.

They are asking U.S. District Judge James Zagel for an evidentiary hearing regarding the testimony of onetime Blagojevich friend and lobbyist John Wyma, arguing they weren’t allowed to properly cross examine him at trial. It was Wyma’s cooperation in 2008 that led to FBI wiretaps against the now-convicted ex-governor.

In a weekend filing, lawyers questioned whether the government properly vetted information against Wyma that was provided by a cooperating Tony Rezko. Rezko, a onetime fund-raiser to Blagojevich convicted on 16 counts of corruption, was sentenced to 10 ½ years last week.

In filings regarding Rezko’s sentencing, Wyma’s cooperation with the government is discussed, including that Rezko told prosecutors that he tried to extract a campaign contribution through Wyma from Provena Health, whom Wyma represented as a lobbyist at the time.

Lawyers question whether bribery was involved when Provena was granted a certificate of need from an Illinois hospital board. Rezko told prosecutors in private sessions that Provena had a dispute with someone on the hospital board and resolved it by paying the board member, according to the Blagojevich defense filing. Prosecutors say the charge was unsubstantiated.

“Blagojevich did not have any knowledge about and was absolutely unaware of the Provena activities of Rezko and Wyma,” the filing says.

It says after Rezko gave the information to prosecutors, Wyma was hit with a subpoena.

“Shortly after Wyma received this grand jury subpoena, he agreed to be, and became, an informant for the government. This allowed the government to obtain a wiretap on Blagojevich’s telephones,” lawyers wrote.

After the taps were secured, Blagojevich’s lawyers said, prosecutors deemed Rezko’s information “not substantiated.”

“If the incriminating evidence against Wyma was not substantiated because it was not investigated, the government’s statement is misleading,” defense lawyers wrote.

Provena officials could not immediately be reached for comment.

Blagojevich’s lawyer, Shelly Sorosky, said the new information was based on filings before Rezko’s sentencing, where both sides agree Rezko’s cooperation led the government to Wyma.”

Read more:
http://www.suntimes.com/9114418-417/blagos-lawyers-want-hearing-based-on-new-john-wyma-information.html

Cellini trial juror felonies, John Kass, Failing to order jury background checks is cruel and unusual punishment for taxpayers, Delaying Blagojevich prosecution costlier

Cellini trial juror felonies, John Kass,  Failing to order jury background checks is cruel and unusual punishment for taxpayers, Delaying Blagojevich prosecution costlier

“The citizens of Illinois deserve public officials who act solely in the public’s interest, without putting a price tag on government appointments, contracts and decisions.”…Patrick Fitzgerald

“I was not going to wait until March or April or May to get it all nice and tidy”  “I think that would be irresponsible.””…Patrick Fitzgerald

“Governor Blagojevich has been arrested in the middle of what we can only describe as a political corruption crime spree. We acted to stop that crime spree.”…Patrick Fitzgerald

“I just think it’s very, very disturbing that we have these pay-to-play allegations going on for years.”…Patrick Fitzgerald

From John Kass of the Chicago Tribune November 16, 2011.

“John Kass: Failing to order jury background checks is cruel and unusual punishment for taxpayers”

“I have an idea for how federal judges who neglect to order background checks of criminal juries can do public penance:

They can wear orange “community service” vests and use sharpened sticks to spear cigarette butts from the sidewalk out in front of the earthy hangouts where judges are known to have lunch.

But first, let me tell you what my friend Deuce and I did the other day. We went looking for that Cellini juror.
 
The one who apparently lied about her multiple felony convictions — a DUI and possession of crack cocaine — and by doing so may have screwed up Illinois’ most important political corruption case in years: The successful prosecution of a political untouchable, Illinois Republican boss William Cellini, the multimillionaire who spent decades in the shadows, undetected at the center of the Combine’s web.

Out in that juror’s neighborhood, it was getting dark but still bright enough so the man in her apartment could see us and buzz us in. A little boy stood out on the landing, waiting, and then the older gentleman wearing a Chicago Blackhawks jersey came out.

“She’s not here,” said the man in Hawks colors. His cellphone started to ring, and Deuce asked for his number.

“No,” he said. “I don’t roll like that.”

It was dinnertime. I figured she was behind that door. Just then the boy stepped back out. He said something about the Cellini juror who is believed to have hidden her felony convictions.

“She’s afraid,” he said.

She has nothing to be afraid of, I lied. Don’t worry, I told him. Then we left.

Actually, she has reason to be afraid. Perjury is a federal offense, punishable by prison. And she’s made some important people look awfully foolish.

She may have cost prosecutors and taxpayers an important conviction, and the expense of an extra trial.

I was in the courtroom the day the juror was questioned by U.S. District Judge James Zagel. She said something about a male relative who had been arrested, but she told Zagel that she felt she could come to an impartial verdict.

Now Cellini’s attorney, Dan Webb, is demanding the guilty verdict be overturned. Webb will use the issue to appeal in the hopes of keeping Cellini out of prison for the next several years.

Cellini is the whole ballgame. He’s bigger than convicted former Gov. Rod Blagojevich, more important, with greater reach. Now the Cellini case has been compromised because of one juror. But not without help from Judge Zagel.”
“In an earlier high-profile case, he promised to check the backgrounds of jurors. But in the Cellini trial — a “heater” trial if there ever was one — it looks as if that didn’t happen.

He should have known better. During the corruption trial of former Gov. George Ryan in 2006, the Tribune checked the jurors’ backgrounds and found that two had concealed criminal convictions. They were dismissed. One was a holdout for Ryan.

But in Blagojevich’s first trial, Zagel turned down requests of news organizations, including the Tribune, for the names of jurors. The public wasn’t invited to know. Zagel said he understood the problems raised by the Tribune in the Ryan case but told everyone not to worry.

“The information-gathering process used by the Tribune (is) now automatically applied to jurors in high-profile cases,” he said.

Yet it appears that background checks weren’t done in the Cellini case, as Zagel had indicated they would be. After the trial, it didn’t take a Tribune reporter long to find the Cellini juror’s felony convictions.”

http://www.chicagotribune.com/news/columnists/ct-met-kass-1116-20111116,0,3759608.column

Mr. Kass, I would add:

Failing to prosecute Rod Blagojevich earlier and Barack Obama at all, has cost the citizens of Illinois and the US an enormous price .

Patrick Fitzgerald agenda, Protect Obama, Rezko testimony withheld, Fitzgerald attacked Republicans Ryan Libby Rove, Cellini trial

Patrick Fitzgerald agenda, Protect Obama, Rezko testimony withheld, Fitzgerald attacked Republicans Ryan Libby Rove, Cellini trial

“Why did Patrick Fitzgerald and the US Justice Department wait until December 2008 to arrest Rod Blagojevich?”…Citizen Wells

The William Cellini trial begins Monday, October 3, 2011. From all indications, and in spite of key Witness Stuart Levine being tainted with a drug use history, the prosecution will not call Tony Rezko as a witness. US Attorney Patrick Fitzgerald, a prosecutor who aggresively went after former IL Governor Ryan and Scooter Libby and Karl Rove, is the reason.

From Nuclear Chicago May 25, 2011.

“US Attorney Patrick “The Sandbagger” Fitzgerald: Winning Thru Intimidation of Citizen Journalists?”

“As an update to my continuing effort to construct a biography of U.S. Attorney Patrick Fitzgerald as well as provide special reporting related to the retrial of Milorad Blagojevich, I am writing this morning to officially report upon and inform The May Report and NuclearChicago readership of the following:

At approximately 9:15a this past Thursday morning (May 19th), while en route to the Federal Courts to continue our coverage of USA v. Blagojevich – Nuclear Chicago published the following headline:

USA v. Blagojevich Retrial: US Attorney Patrick “The Sandbagger” Fitzgerald?

http://www.nuclearchicago.com/2011/05/nuclear-chicago-usa-v-blagojevich-retrial-u-s-attorney-patrick-the-sandbagger-fitzgerald/

Among other factors, the prevailing basis for same sensational headline as well as related analysis was due to the fact that Antoin “Tony” Rezko – Uber Confidante to Blagojevich, Obama and Nadhmi Auchi – had not yet testified as a Federal Government Witness in USA v. Blagojevich.

Same refusal by US Attorney Fitzgerald to place Rezko in the Witness Box to bury Blagojevich further corroborates the brutal realities that US Attorney Fitzgerald has been running egregious political interference to both benefit and protect Team Obama (i.e., Allison Davis, Dr. Eric Whitaker, Marty Nesbitt, et al).

Simply put – Antoin “Tony” Rezko is the only witness that can bury Blagojevich and the Chicago Political Thuggery Machine.  Why is Fitzgerald holding back Rezko?  What has been promised or implied to Fitzgerald as a “reward” for Fitzgerald’s blatant sandbagging efforts.

Same egregious political interference by Fitzgerald can be traced back to as early as 2006 when the Chicago Tribune was preparing to publish an exclusive scoop that convicted felon and Federal Goverment informant John Thomas (formerly Bernard Barton) was parading around Chicago procuring taped conversations and other evidence against politicians that were visiting Rezko’s real estate office on the near north side of the City. Evidently, same surveillance efforts procured damaging information against then US Senator Obama and Governor Blagojevich.

As reported in an earlier update (and according to a well-placed source at the Chicago Tribune), the Chicago Tribune finally capitulated to Fitzgerald’s demands and efforts to stop same exclusive John Thomas scoop only when Fitzgerald informed the Tribune that same exclusive John Thomas scoop would impair a 2008 Obama Presidential campaign. Upon being informed of 2008 Obama Presidential campaign implications – the Tribune terminated its efforts.  Same scoop was ultimately published in May 2007 via Crain’s Chicago Business to serve as a ‘heads-up’ to Obama for America Treasurer and Chicago Housing Authority Chairman Marty Nesbitt.  Same ‘heads-up’ was yet another example of political interference as John Thomas was actively trying to purchase prime real estate owned by the Chicago Housing Authority – 626 West Jackson.

US Attorney Patrick J. Fitzgerald — a modern day Elliot Ness with a Harvard Law Degree?

Hardly.

Fitzgerald is a dangerous, unaccountable Federal Bureaucrat with highly-charged political ambitions.  Recent history has demonstrated that nothing is sacred for Fitzgerald when it comes to his highly-charged political ambitions (i.e., Journalist Judith Miller, Scooter Libby, Blago-Gate, et al).

To further demonstrate the highly-charged political behavior of US Attorney Fizgerald, within 2-hours of publishing our Thursday morning update – “US Attorney Patrick ‘The Sandbagger’ Fitzgerald”, which was highly-critical of Rezko being surgically-removed from trial by Fitzgerald – I was detained by US Marshal Service, prohibited from re-entering 25th floor courtroom and escorted out of the Federal Courts Building.”

Read more:

 http://www.nuclearchicago.com/2011/05/nuclear-chicago-us-attorney-patrick-the-sandbagger-fitzgerald-winning-thru-intimidation-of-citizen-journalists/

We discovered recently that Colin Powell knew that Scooter Libby and Karl Rove were not the source of leaks in the Valerie Plame CIA story.  We also knew the truth from Robert Novak on July 12, 2006.

“Special Prosecutor Patrick Fitzgerald has informed my attorneys that, after two and one-half years, his investigation of the CIA leak case concerning matters directly relating to me has been concluded. That frees me to reveal my role in the federal inquiry that, at the request of Fitzgerald, I have kept secret.

I have cooperated in the investigation while trying to protect journalistic privileges under the First Amendment and shield sources who have not revealed themselves. I have been subpoenaed by and testified to a federal grand jury. Published reports that I took the Fifth Amendment, made a plea bargain with the prosecutors or was a prosecutorial target were all untrue.

For nearly the entire time of his investigation, Fitzgerald knew — independent of me — the identity of the sources I used in my column of July 14, 2003. A federal investigation was triggered when I reported that former Ambassador Joseph Wilson?’s wife, Valerie Plame Wilson, was employed by the CIA and helped initiate his 2002 mission to Niger. That Fitzgerald did not indict any of these sources may indicate his conclusion that none of them violated the Intelligence Identities Protection Act.”

“In my sworn testimony, I said what I have contended in my columns and on television: Joe Wilson’s wife’s role in instituting her husband’s mission was revealed to me in the middle of a long interview with an official who I have previously said was not a political gunslinger. After the federal investigation was announced, he told me through a third party that the disclosure was inadvertent on his part.

Following my interview with the primary source, I sought out the second administration official and the CIA spokesman for confirmation. I learned Valerie Plame’s name from Joe Wilson’s entry in “Who’s Who in America.””

Read more:

http://www.humanevents.com/article.php?id=15988

Some more insight into Patrick Fitzgeralds activities from Sweetness & Light May 25, 2006.

“Patrick Fitzgerald Ratchets Up Attack On Cheney
From the DNC’s house organ, the Washington Post:”

“There’s nothing “alleged” about Plame’s sending Joe to Niger. It’s documented in the 9/11 Commission’s report.

But notice that the Washington Post never uses “alleged” when it is leveling the most preposterous charges against Libby and Cheney.

If there was ever any doubt that Fitzgerald is a political whore, this should clear that up. There is no reason on earth for him to have released this information to the press. It is just more of the DNC’s smear machine at work.”

Read more:

http://sweetness-light.com/archive/fitzgerald-ratchets-up-attack-on-cheney

May 2006, does that ring a bell with anyone? Like the time when Patrick Fitzgerald began protecting Obama, when Blagojevich dropped any presidential aspirations and Obama began planning his presidential bid.

I am not through with Patrick Fitzgerald!

Eric Holder reveals agenda, US Justice Department corruption, New Black Panther Party, Blagojevich trial protects Obama

Eric Holder reveals agenda, US Justice Department corruption, New Black Panther Party, Blagojevich trial protects Obama

“Why did the Illinois Senate Health & Human Services Committee, with Obama as chairman, create and push Bill 1332, “Illinois Health Facilities Planning Act,” early in 2003, which reduced the number of members on the Board from 15 to 9, just prior to rigging by Tony Rezko and Rod Blagojevich?”…Citizen Wells

“the most blatant form of voter intimidation I’ve ever seen”…Bartle Bull,  civil rights lawyer

Character and agendas are revealed sooner or later. Eric Holder has revealed his. His timing could not be better. I can not say much and I do not know where this will lead, but I have been in touch with a prominent congressman in regard to Obama’s eligibility issues and corruption in the US Justice Department, in particular the protection of Obama in the Blagojevich investigation and trial.

I heard Glenn Beck talking about Holder this morning. As Glenn Beck asked what Holder meant about who his people were, so ask I.

From TheBlaze, March 1, 2011.

“Continuing to face down questions as to why the U.S. Justice Department went easy on prosecuting members of the New Black Panther Party who stood armed with nightsticks outside a Philadelphia polling location during the 2008 presidential election, Attorney General Eric Holder expressed his personal frustration over the criticism that race played a role.
 
Attorney General Eric Holder (AP)During a hearing of a House Appropriations subcommittee Tuesday, Rep. John Culberson, R-Texas, accused Holder’s DOJ of failing to cooperate with a Civil Rights Commission investigation into the decision to dismiss the case. Holder seemed to take personal offense when Culberson read comments from former Democratic activist Bartle Bull condemning the decision as the most serious act of voter intimidation he had witnessed during his career.

“Think about that,” Holder fired back. “When you compare what people endured in the South in the 60s to try to get the right to vote for African Americans, to compare what people subjected to that with what happened in Philadelphia, which was inappropriate….to describe it in those terms I think does a great disservice to people who put their lives on the line for my people,” said Holder, an African American.

“To compare that kind of courage, that kind of action, to say some Black Panther incident is of greater concern to us, historically, I think just flies in the face of history,” the attorney general said.”

Read more:

http://www.theblaze.com/stories/holder-focus-on-black-panther-case-demeans-my-people/

Holder and Obama should be removed from office immediately.

Speaker Boehner and congress, Legal experts speak out, Obama eligibility, Obama issues

Speaker Boehner and congress, Legal experts speak out, Obama eligibility, Obama issues

“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

Quite a few attorneys have been involved in lawsuits challenging Obama’s eligibility. Some of them are Democrats. Other attorneys and legal experts have commented on Obama, eligibility issues and court proceedings. Some of those expert opinions are presented below.

John Boehner, members of Congress, judges and other officials holding offices designed to serve and protect the American public, pay attention.

Long time Democrat and civil rights attorney, Bartle Bull.

From Citizen Wells November 12, 2008.

Responses to Judge Surrick’s ruling in Berg v Obama.

“Judge Surrick ruling exerpts:

“If, through the political process, Congress determines that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency, then it is free to pass laws conferring standing on individuals like Plaintiff. Until that time, voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring in the Amended Complaint.”

“…regardless of questions of causation, the grievance remains too generalized to establish the existence of an injury in fact. To reiterate: a candidate’s ineligibility under the Natural Born Citizen Clause does not result in an injury in fact to voters. By extension, the theoretical constitutional harm experienced by voters does not change as the candidacy of an allegedly ineligible candidate progresses from the primaries to the general election.””

Mark J. Fitzgibbons is President of Corporate and Legal Affairs at American Target Advertising:

“Chief Justice John Marshall, writing in Marbury v. Madison, said that judges have a duty to decide cases under our paramount law, the Constitution. I have lamented previously about how some judges tend to evade their duty to decide constitutional matters by resorting to court-made doctrines.  Judge Surrick’s reliance on case law to dismiss Berg’s suit for lack of standing is reasoned from a lawyer’s perspective, but not heroic and perhaps evasive of his larger duty. 
His decision to “punt” the matter to Congress creates, I suggest, a dangerous, longer and perhaps more painful constitutional quagmire than had he heard the evidence in the case.  Even had the case lacked merit, the Constitution would not have been harmed.”

“Ellis Washington, currently a professor of law and political science at Savannah State University, former editor at the Michigan Law Review and law clerk at The Rutherford Institute, is a graduate of John Marshall Law School and a lecturer and freelance writer on constitutional law, legal history, political philosophy and critical race theory. He has written over a dozen law review articles and several books, including “The Inseparability of Law and Morality: The Constitution, Natural Law and the Rule of Law” (2002). See his law review article “Reply to Judge Richard Posner.” Washington’s latest book is “The Nuremberg Trials: Last Tragedy of the Holocaust.”

Mr. Washington wrote the following response to the Philip J Berg lawsuit and Judge Surrick ruling in a World Net Daily article dated November 8, 2008 :”

“Constitutionally speaking, Judge Surrick’s reasoning is completely illogical and a total dereliction of his duty as a judge to substantively address this most vital constitutional controversy. Instead, in a gutless manner, Surrick dismissed Berg’s complaint 10 days before the elections on a technicality of standing, which to any rational person begs the question: If Philip J. Berg as an American citizen, a respected Democratic operative and former attorney general of Pennsylvania doesn’t have the “standing” to bring this type of lawsuit against Obama, then who in America does have standing? The good judge in all 34 pages of legal mumbo jumbo didn’t bother to answer this pivotal question.

That Berg’s complaint is not “concrete or particularized enough to constitute an injury” is an amazing admission by any person that went to law school and even more so given the fact that Surrick is a respected appellate judge!”

Read more:

https://citizenwells.wordpress.com/2008/11/12/obama-not-eligible-us-constitution-tenth-amendment-bill-of-rights-us-supreme-court-federal-judges-state-judges-state-election-officials-electoral-college-electors-philip-j-berg-lawsuit-leo-c/

From the Michigan Law Review.

John McCain, with two US Citizen parents, has questionable status.

“A. Citizenship and Natural Born Citizenship by Statute

According to the Supreme Court in United States v. Wong Kim Ark, the Constitution “contemplates two sources of citizenship, and two only: birth and naturalization.” Unless born in the United States, a person “can only become a citizen by being naturalized . . . by authority of congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens . . . .” A person granted citizenship by birth outside the United States to citizen parents is naturalized at birth; he or she is both a citizen by birth and a naturalized citizen. This last point is discussed thoroughly in Jill A. Pryor’s 1988 note in the Yale Law Journal, The Natural-Born Citizen Clause and Presidential Eligibility: An Approach for Resolving Two Hundred Years of Uncertainty.

The Supreme Court holds that the citizenship statutes are exclusive; there is no residual common-law or natural-law citizenship. Citizens have no constitutional right to transmit their citizenship to children. In Rogers, the Supreme Court upheld a statute requiring children born overseas to citizen parents to reside in the United States to retain their citizenship. Since “Congress may withhold citizenship from persons” born overseas to citizen parents or “deny [them] citizenship outright,” it could impose the lesser burden of requiring U.S. residence to retain citizenship.

Congressional power to withhold citizenship from children of U.S. citizens is not hypothetical; for decades, it was law, and to some extent still is. The Tribe-Olson Opinion proposes that “[i]t goes without saying that the Framers did not intend to exclude a person from the office of the President simply because he or she was born to U.S. citizens serving in the U.S. military outside of the continental United States . . . .” However, the Seventh Congress, which included Framers Gouverneur Morris and Abraham Baldwin among others, did precisely that. In 1961 in Montana v. Kennedy, the Supreme Court construed an 1802 statute to mean that “[f]oreign-born children of persons who became American citizens between April 14, 1802 and 1854, were aliens . . . .” Thus, children of members of the armed forces serving overseas, and diplomats and civil servants in foreign posts, were not only not natural born citizens eligible to be president, they were not citizens at all.

Denial of automatic citizenship had very different implications than it would now because until the late nineteenth century, there was little federal immigration law. There were no general federal restrictions on who could enter the country, no provisions for deportation of residents who became undesirable, and immigration officials to deport them. Of course, these children could become citizens by individual naturalization. But even if the child suffered based on lack of citizenship, according to the 1907 Supreme Court decision in Zartarian v. Billings, “[a]s this subject is entirely within congressional control, the matter must rest there; it is only for the courts to apply the law as they find it.””

Read more:

http://www.michiganlawreview.org/articles/why-senator-john-mccain-cannot-be-president-eleven-months-and-a-hundred-yards-short-of-citizenship

William A. Jacobson, Associate Clinical Professor at Cornell Law School, believes Obama was born in Hawaii but states the obvious.

“There is a bizarre intellectual dance taking place around the topic of Barack Obama’s birthplace. 

The world has been artificially divided into “Birthers” and “anti-Birthers” when in fact I suspect a large percentage or even majority of the population is neither and simply wants all the evidence released so that we can move beyond the issue.  For most people, who have had to show their own birth certificates at various points in their lives, the notion that a presidential candidate should release his or her birth certificate to prove qualification for office reflects neither pro- nor anti-Obama sentiment, but a “what’s the big deal?” attitude.”

“We can deal with accusations of John McCain’s alleged misconduct during imprisonment even though such suggestions were beyond the pale, and also questions as to whether McCain’s birth in the Panama Canal Zone disqualified him from the highest office in the land:”

“We have reached the point that merely expressing normal political and legal inquisitiveness will result in a charge of Birtherism or racism because it now involves Barack Obama, even though similar questions as to John McCain’s eligibility for office were raised in the 2008 election cycle.

I repeat, whiter-than-white John McCain had his eligibility questioned because of his birthplace, so how is it necessarily racist that the same thing takes place as to Barack Obama?  The racist charge is just a way of shutting down the conversation, a convenient excuse for epistemic closure.

As I’ve posted before, I think the circumstantial evidence supports the view that Obama was born in Hawaii, and there is no credible evidence otherwise.  But to reach this conclusion, the one thing neither I nor anyone else can honestly say is that all the evidence has been reviewed.”

Read more:

http://legalinsurrection.blogspot.com/2010/12/bizarre-birther-intellectual-dance.html#comment-form

“But to reach this conclusion, the one thing neither I nor anyone else can honestly say is that all the evidence has been reviewed.”

Did you get that Speaker Boehner?

Terry Lakin imprisonment, Letters, Support, Anxiety and Loneliness of being away from your family, Leo Haffey remembers

Terry Lakin imprisonment, Letters, Support, Anxiety and Loneliness of being away from your family, Leo Haffey remembers

“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

Leo Haffey sent this to me. It is a powerful message of what LTC Terry Lakin must be going through and what we must do to help and support him. When he refers to Citizen Wells, it is WE, us, the American people.

“Reading LTC Lakin’s letter brought back bitter & sweet memories from the time of my false imprisonment by BHO Jr.’s cohorts in Nashville: The thin flexible pens (so hard to write with)–The hours spent in lockdown in tiny cells–The anxiety–The Loneliness of being away from your family, particularly during the Holidays–”feeling of helplessness” etc.
So I started reading my prison journals at
 
http://freeleohaffey.blogspot.com/
 
and
 
https://citizenwells.wordpress.com/category/nashville/
 
And then I found this:
 
Sunday, September 20, 2009
 
Who cares?

In the first 24 hours of this blog 1243 people cared enough about Leo to visit here.
 
Posted by Aristotle The Hun at 6:08 AM 1 comments:
 
citizenwells said…
I care and I want the truth.
Wells
September 29, 2009 11:24 AM
And I remembered how overjoyed it made me when my wife showed me those writings by my friends Aristotle and Citizen Wells and all the good people from the Citizen Wells Blog who cared.
So I urge everyone to write to LTC Lakin and send whatever money you can afford. Things like batteries for a radio, a dollar for a soft drink, a bag of potato chips are luxuries for a man in Jail.

 
United in Our Constitutional Cause,

Leo Patrick Haffey”

LTC Lakin prison letter, December 21, 2010, Terry Lakin Action Fund, Leavenworth

LTC Lakin prison letter, December 21, 2010, Terry Lakin Action Fund, Leavenworth

“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

LTC Terry Lakin first letter from prison, December 21, 2010.

“Hope all is well. Don’t know how to start a letter or what to say. I hope I made a difference in a very important matter. It cost me a lot. But I now have to believe it turned out okay. There certainly are no do-overs. The important thing is for the work to carry-on so we never have this situation again.

Today is my fourth day at Leavenworth and my first day with supplies to write and send letters and hoping for a phone call today. Another soldier and I arrived Saturday AM shortly after midnight. We are considered in ‘reception’ status until we complete about a week of briefings and assessments. But they have a holiday schedule until after New Year’s Day. Although they are making some efforts we likely will remain in ‘reception’ status until into January.

Reception status is mostly lock down in my cell. We now get two hours of ‘rec time’ in the morning and afternoon. Rec time is cell door open to a common pod area with a four-seat table, an exercise bike that does not work, a flat-screen TV that we cannot watch, and two showers. Activity is playing cards or a few board games, working out in my cell between meals, reading the rulebook, Bible, and now writing letters. Looks like the routine for the next several weeks. We have limited stamps, envelopes, and I am writing with a small, soft plastic (almost rubber pen) that is not to comfortable.

After getting more integrated in January (hopefully minimum security) we may have more privileges. There will not be much use of a computer, limited phone, news, or TV. We have to order our own health and comfort supplies from a small provided list. We are allowed one order request per month and not more than $35 per month. I’m hoping they will honor my first order on credit- we have not been able to get money into our account yet – not having any communication with Pili yet. I’m hoping to get a small radio with ear buds so I can get some news radio. Had to work hard to decide about how many batteries I could get by with vs how many rolls of toilet paper to buy.

The trial seems long ago now. What a feeling of helplessness going through the process. I likely got the best outcome I could have- but it was painful.

After the trial I overhead someone say, “Well, he’s no hero now!” Sorry, I was not in it to be a hero. Just thought I was doing the right thing. I spent enough of myself and my family’s future for now. Others are going to have to continue.

Got to go now. Moving cells quickly. Phones don’t look good today. They brought a phone in but no one knows how we can call out collect. Sigh…

Terry”

 To contribute to the  Terry Lakin Action Fund:

http://www.terrylakinactionfund.com/prisondiaries/13-diaries20101221.html

LTC Lakin is an American Hero. A real hero.

Robert Bauer et al illegally scheme with Obama, Attorney ethics, Rules of Professional Conduct, Criminal or fraudulent conduct

 Robert Bauer et al illegally scheme with Obama, Attorney ethics, Rules of Professional Conduct, Criminal or fraudulent conduct

“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

“Seditious conspiracy
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.”… US Code, TITLE 18 > PART I > CHAPTER 115 > § 2384

Robert Bauer, husband of Anita ( Mao Tse-Tung is my hero) Dunn, is at it again. He is aiding Obama in his continued efforts to keep his birth certificate and other records hidden. At this point, it must be assumed that Bauer’s primary motivation is to avoid jail time for himself.

 From the Birther Report December 30, 2010.

“This is an update to the Colonel Gregory Hollister v. Barry Soetoro aka Barack Obama, et al, lawsuit that was in the United States Court of Appeals for the District of Columbia. The Supreme Court of the United States website now shows the Petition for Writ of Certiorari was Distributed for Conference of January 14, 2011. The two previous filings by Col. Hollister in the Appeals court embedded below. That makes three eligibility cases against Obama before the Supreme Court in 2010, more details on the other cases here and here.

Click on the screen shot below and check out the law firm that is still defending Barry Soetoro AKA Barack Hussein Obama Soebarkah.

Cycle of Discernment at Free Republic laid out the expensive details;

(Robert Bauer-married to former Obama WH Communications Director Anita Dunn, who professed that Mao Tse-Tung was a personal hero–was appointed last year as White Counsel by Obama and had been the lead atty representing Obama in blocking release of any Obama documents).”

Read more:

http://obamareleaseyourrecords.blogspot.com/2010/12/colonel-hollister-v-barry-soetoroobama.html

You remember Robert Bauer.

From Citizen Wells September 24, 2008.

“44. Mr. Berg then alleges that Barack Obama,
the Democratic Party’s nominee for President of the United States, is not eligible to serve
as President under Article II, section 1 of the Constitution because, Mr. Berg alleges
(contrary to fact) that Senator Obama is not a natural-born citizen.”
“Robert F. Bauer
General Counsel, Obama for America
PERKINS COIE
607 Fourteenth Street N.W.
Washington, D.C. 20005-2003”

https://citizenwells.wordpress.com/2008/09/24/philip-j-berg-lawsuit-obama-files-motion-to-dismiss-dnc-motion-to-dismiss-september-24-2008/

From Citizen Wells September 28, 2010.

“Robert F. Bauer was a partner in Perkins Coie before becoming White House Counsel in 2009. Bauer also began defending Barack Obama in eligibility lawsuits in 2008. Perkins Coie has represented Obama for America for over 2 years. Bauer is married to Anita (“I look to Chairman Mao”) Dunn.

Here is the payment total to Perkins Coie from Obama for America for the second quarter 2010.”

https://citizenwells.wordpress.com/2010/09/28/obama-attorneys-aid-obama-in-illegal-activities-robert-bauer-perkins-coie-help-obama-hide-birth-certificate-records-payments-to-attorneys/

Many people are aware of the concept of attorney client previlege. Most people are not aware of the following.

From the American Bar Association.

“A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent”

http://www.abanet.org/cpr/mrpc/rule_1_2.html

Model Rules of Professional Conduct
Maintaining The Integrity Of The Profession
Rule 8.4 Misconduct
“It is professional misconduct for a lawyer to:

(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;

(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

(d) engage in conduct that is prejudicial to the administration of justice;

(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or

(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.”

http://www.abanet.org/cpr/mrpc/rule_8_4.html

I stated in 2008 that Obama had to win the popular vote and scheme his way into the White House to avoid prosecution. Likewise, it is apparent that Robert Bauer is fighting to avoid prosecution of himself.

LTC Lakin support, CDR Kerchner radio interview, December 19, 2010, Court martial discussion

 LTC Lakin support, CDR Kerchner radio interview, December 19, 2010, Court martial discussion

“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

 

“These are the times that try men’s souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph.”…Thomas Paine

From CDR Charles Kerchner December 19, 2010.

For Immediate Release – 19 December 2010

CDR Charles Kerchner (Ret) of PA and William Baer of NJ (who both attended the LTC Terry Lakin court martial which convened on 14-16 Dec 2010 at Ft Meade Md) will be guests on the Rule of Law – Live and Let Live radio show 90.1 FM out of Austin TX hosted by Gary Johnson on Sunday, 19 Dec 2010, at 10 p.m. EST. They will be discussing and answering questions with the host about the LTC Terry Lakin court martial trial and other matters regarding Obama’s constitutional ineligibility to be President and Commander in Chief.

http://www.ruleoflawradio.com/

For more information on the LTC Terry Lakin court martial see these two websites:
http://www.safeguardourconstitution.com/
http://www.terrylakinactionfund.com/

CDR Charles Kerchner (Ret)
Lehigh Valley PA USA
www.protectourliberty.org

From CDR Charles Kerchner

“LTC Terry Lakin stood up for us all in his effort to support and defend the Constitution.  The Congress has failed him when he wrote letters as a soldier to Congress people asking for a Congressional Inquiry into Obama’s exact legal identity like that same Congress investigated John McCain.  The Congress did nothing. The legal system in the USA both civilian and domestic failed him.  He has now paid the price for his courage.  As I write this he is imprisoned in Ft. Leavenworth in Kansas starting a sentence of six months.  His wife was a stay at home mom raising their three young children. As part of his punishment he has lost all pay and benefits and any future retirement opportunities. Upon release from prison he will be dismissed from the Army. We must now stand up and financially support Terry Lakin and his family in his moment of need.  Please visit this website and make a financial contribution large or small to this specialized fund dedicated to supporting Terry and his family while he is imprisoned.  I have.

http://www.terrylakinactionfund.com/

I thank you in advance for any help you can give.

Sincerely,

CDR Charles Kerchner (Ret)
Lehigh Valley PA USA
http://www.protectourliberty.org

I agree with and support CDR Kerchner’s efforts.

I want to take this further.

I am going to push for a reversal of this kangaroo court’s findings.

I am going to push for LTC Terry Lakin to be reinststed with rank and privileges and then to receive a promotion.

I am going to insist that Congress step up and do the job they should have done at the latest in January of 2009.

LTC Terry Lakin, an American Hero and Patriot.