Tag Archives: NC lawsuit

Sullivan v. NC Secretary of State and Board of Elections, Update March 20, 2009, Lt Col Donald Sullivan, Obama not eligible, NC lawsuit, Judge W. Osmond Smith, III, Wake County Superior Court, Raleigh, NC, US Constitution, First Lieutenant Scott Easterling, US Military

I just received this update from Lt. Col. Donald Sullivan:

“Personal Transcript of Hearing:  Sullivan v. NC Secretary of State and Board of Elections; Case #08-CVS-021393

SUBJECT: Obama Eligibility

On March 16, 2009, the calendar was called by Judge W. Osmond Smith, III, presiding, in Wake County Superior Court, Raleigh, NC.  My case was #23 on the calendar and required the hearing of three separate “motions”:  My demand for class action certification; my demand for leave to amend; and the State’s motion to dismiss.  When he got to #23, the judge said he would pass over this item until he had completed calling the calendar.  (Odd, this.  It was apparent there had been discussion of my case prior to the hearing.  I am not at all sure these discussions did not include the defendant State.) Upon completion of calling the calendar, and after dividing the calendar between himself and another superior court judge, A. Leon Stanback, Jr., Judge Smith called the first case without mentioning mine again.  I stood and called his attention to his oversight, and he apologized.  The case was then scheduled for hearing last.  

When my case was called (actually next to last as it worked out), the judge asked the parties how long the arguments would take.  I answered it would depend upon which of the three “motions” he decided to hear first.  After a brief discussion, the judge chose to hear my demand to amend first.  It being my action with the burden of proof on my shoulders, I began my arguments in support of my demand with a statement of the justification for my amendment to the original pleadings. The original filing was a demand for injunctive relief which the court had decided to consider only a “routine” case.  The case was filed on November 7th, 2008, and in anticipation of an expedited ruling to take place prior to the inauguration on January 20th, 2009.  By considering the case “routine”, the court had condemned the action to becoming moot upon the completion of the inauguration.  Thus, it was necessary to amend the complaint to prevent the necessity of filing a completely new action.  It was only due to the scheduling by the court that the case had taken three months to be heard.  I also was demanding I be allowed to add the Governor and the State of NC as defendants, since the necessary actions required in my demand for injunctive relief were interstate actions and would necessitate the Governor be a party.

I then presented that it was the sworn duty of the court to support the Constitution of the United States in accordance with the court’s ( and all others involved in this action) Article VI, Section 7, (NC Constitution) oath, in accordance with Article VI, Section 2, (US Constitution), and in accordance with Article 1, Section 5, of the NC Constitution.  I admitted there was no statutory requirement for the State to do as I had demanded, but that the obligation and responsibility was a constitutional one, this being both an equity court and a constitutional court.  I listed the evidentiary facts which appeared to assert the ineligibility of Barack Obama to hold the office of President in contravention to Article IV, Section 2, Clause 5, of the US Constitution including, but not limited to, his failure to reveal his original birth certificate from Hawaii; his apparent use of an Indonesian passport in 1981, his multiple citizenships by birth and residence, none of which he has renounced; his failure to release his collegiate records which allegedly show he attended as a foreign student under an FS-1 foreign student visa; statements by the ambassador to the US from Kenya and his paternal grandmother which attest to his being born in Mombasa, Kenya; his having given false information on his application for an Illinois license to practice law in 1989, in that he averred he had no other names than Barack Hussein Obama, Jr., when, in fact, he has used at least four other names over his lifetime; and the apparent falsity of his selective service registration.  I also showed the court the current issue of “Globe” magazine I had purchased that morning on the way to the courthouse, which highlighted on its cover, and in the article inside, the peril faced by the US military in its confusion over whether to execute the orders of a “President” who may in fact not be qualified.  The cover pictured 43-year-old First Lieutenant Scott Easterling, in uniform and in Iraq, one of many US soldiers who are questioning the authority of Obama’s presidency.  I explained that, should Obama survive the first four years of his presidency and decide to run again (a likelihood for which I admitted having very little hope), the issue of his eligibility would most certainly come up again; and, in the event he was proven ineligible, every action, appointment, order and law he had committed to during his first four years would be invalidated.   I tried to impress upon the court that this constitutional crisis could be averted by nipping the “rumors”, if in fact that is what we are dealing with here, of Obama’s ineligibility in the bud by allowing my amendment so that the complaint could continue.

Having exhausted my arguments to the court, I turned it over to the defense, which merely argued that the case against the Secretary of State was res judicata (judged previously), having been heard in my prior filing against her and dismissed; that my arguments were moot, since the inauguration had passed, and there was no claim upon which relief could be granted by the court; and that I lacked standing before the court to pursue this case.  Their arguments were brief, and the judge listened.  When the two attorneys for the State sat down, the judge denied my motion to amend.

We then proceeded directly to the State’s motion to dismiss.  They presented the same arguments in brief that had already been presented in the first hearing on the demand to amend, except they added that the ruling should be “with prejudice”.  Part of my defense against the motion to dismiss had already been presented as to the res judicata claim in the form of my prior complaint had been dismissed “without prejudice”, such that I could file the same complaint again. They also argued the issues of standing, mootness and jurisdiction.  When it was my turn, I repeated most of my arguments as well in the rebuttal, adding that mootness was not a valid defense because the offense of Obama’s illegitimacy was a continuing offense against the Constitution, not degraded nor invalidated merely on the grounds that he was now inaugurated falsely as President.  My argument against “standing” was my filing as a “class action”, and the argument against jurisdiction was, of course, the constitutional obligations of the court.  As to res judicata,
I explained to the judge that a ruling “without prejudice” did not deny leave to refile the case at a later date.

The judge didn’t buy any of it and allowed the motion to dismiss, along with the prayer for finding “with prejudice”, due to “mootness” (the inauguration issue); “failure to state a claim against which relief could be granted” (the “No State statute requires it” issue, which denies any constitutional duty or obligation); and “res judicata”.  Conspicuously absent from this list was the issue of “standing” which has killed all the other suits around the country, of which I am aware.  This last supports my theory that I had resolved the “standing” issue by filing a class action suit”, for which I offered myself as the representative of the registered voter “class” of North Carolina. I advised the court that I intended to appeal, but would appeal in writing within the allotted 30 days after the order is signed. 

I have no intention of appealing this ruling.  I will file a new case and improve on that one as I did from the first one filed in October to the second one filed in November.  It is ironic that, had the judge allowed my demand to amend the names of the Governor and the State of NC to the defendant list, I would be precluded from filing a new case against them as it would be “res judicata”. 

It is important that we continue to push this issue of legitimacy in government, if only because we are currently involved in two foreign armed conflicts with more on the horizon, and the economy is on the edge of collapse.  Our military cannot continue to question the orders of the Commander-in-Chief because of the confusion of his nationality, and the “Stimulus Plan” is not going to help the economy.  As Sun Tsu told us, we must know the enemy and ourselves, or we can never be victorious in battle.  In the case of the United States government, the enemy is a mystery who changes with the tide; and, with Obama in the White House, even we ourselves are an unknown quantity.  We cannot win if we continue on this course.
END
March 20, 2009
DS”

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NC lawsuit, Obama is not eligible, Donald Sullivan, Lt Col, North Carolina Secretary of State, Elaine Marshall, Board of Elections, Class Action, Notice and Demand for Injunctive Relief, Case #08CV1153, Update November 27, 2008

We received an update from Lt Col Donald Sullivan last night regarding his class action lawsuit in North Carolina against Secretary of State Elaine Marshall and the NC State Board of Elections.

“On another subject, as you know I filed a Demand for Injunctive Relief, Case #08CV1076, on October 20th, against the NC Secretary of State to have Obama’s eligibility for the office of President validated.  The Attorney General’s office filed a motion to dismiss on the 27th.  It was a very good motion to dismiss, and on October 29th, my Demand was dismissed for cause, but not “with prejudice”.  What they didn’t know was that I had filed the case without any legal research just to get it on the record before the election.  The result was that the three assistant attorney generals did a great deal of legal research for me in their brief on their motion to dismiss; so I could easily file my follow-up case, with corrections, after the election.  On November 7th, I filed a “class action” Notice and Demand for Injunctive Relief with the Superior Court of North Carolina, Case #08CV1153, with the Board of Elections and the Secretary of State as Defendants.  I have not yet been notified of a hearing date.  I did receive the order from the first case on November 20th.  In it, the judge had added “with prejudice” to his ruling.  I have moved to amend that order and will be heard December 1st.
      I have received numerous phone calls and e-mails from people from all over the country who are either interested in my lawsuit, or who have information to share in its regard.  I was also contacted by the attorney for Presidential candidate and former ambassador to the UN, Allen Keyes, who has filed a similar lawsuit this past week against Obama’s candidacy.  Maybe we have something on this Obama fellow, since there are, at last count, at least 18 similar actions in several states and in the federal courts.  In any event, I am of the opinion that our next president, be he Obama or some other ne’er do well, shall be our last, for all practical purposes.  I am attaching my new Obama bumper sticker for your perusal.
      My next day in court, unless the Obama suit gets there quicker, is on December 1st.  It will be a hearing on my Notice and Demand to Amend Order in the permit case where the county and the court are threatening to destroy my house if I don’t get permits, and charge me almost $40,000.00 in fines, as of this month, for building it without permission.  The Obama motion is also calendared for that date.  Following that, I have a trial on December 15th in my appeal of a conviction in the second right to travel case.  It is, after all, a target-rich environment.”

Lt Col Donald Sullivan NC lawsuit

Obama not eligible, NC lawsuit, Donald Sullivan, Lt Col, Elaine Marshall, NC Secretary of State, North Carolina Board of Elections, NC Electoral College, November 7, 2008, Class Action Lawsuit, Support and defend Constitution, Citizen Wells update from Lt Col Sullivan, November 16, 2008

I spoke to Lt. Col. Donald Sullivan Friday night, November 14, 2008. Mr. Sullivan confirmed that his lawsuit
challenging Barack Obama’s eligibility to be president was filed on November 7, 2008 and is awaiting being
put on the Superior Court calendar in Pender County NC. We discussed upholding the US Constitution and our reasons for being committed to ensuring that the Constitution be followed and upheld, I explained what
this blog has been involved in and offered my services.

Before the general election, Citizen Wells sent notification to all 50 states of the Philip J Berg lawsuit
and Barack Obama’s failure to provide legal proof of his eligibility to be president. I contacted the
NC Board of Elections and Secretary of State’s office on multiple occasions via telephone and email. The
Board of Elections response was that they had been aware of the Berg lawsuit for several months and they tried to compare it to a lawsuit filed earlier against John McCain. The response I received had an air of political bias.

I will cooperate with Lt. Col. Donald Sullivan as required. Independently, I am going to reestablish contact
with the NC Secretary of State’s office and remind them of their constitutional duty, go over NC election
law and relate lawsuits in California as well as 2 still before the US Supreme Court. I will also be
presenting a new article that I believe will provide some new insights into the responsibilities of
federal and state judges as well as state officials.

Here are some exerpts from the lawsuit filed on November 7, 2008, by Lt Col. Donald Sullivan against Elaine Marshall, the NC Secretary of State, and the NC Board of Elections:
“1.2 Defendant, North Carolina Board of Elections, is an appointed agency of the State of North Carolina General Assembly, with oversight authority in matters pertaining to State elections and election irregularities including, but not limited to, candidate/electee eligibility, with offices at 506 Harrington Street, Raleigh, NC, 27611, and with a mailing address of PO Box 27255, Raleigh, NC, 27611-7255. Upon information and belief, the Process Agent for said entity is Director Gary O. Bartlett of the same address.

1.2. Defendant, Elaine F. Marshall, a/k/a Elaine Marshall is an adult individual with an office address of Old Revenue Building, 2 S. Salisbury Street, PO Box 29622, Raleigh, NC, 27626-062, and the elected North Carolina State Secretary of State. Upon information and belief, the Process Agent for said individual and entity is Ann Wall at PO Box 29622, Raleigh, NC, 27626.”

 

 “MEMORANDUM IN SUPPORT OF PLAINTIFF’S DEMAND FOR AN ORDER FOR INJUNCTIVE RELIEF

4.1.

I, Lt. Col. Donald Sullivan, Plaintiff, hereby offer this memorandum in support of my motion for injunctive relief and to demand performance of constitutional duties related to the offices of the North Carolina Board of Elections and the North Carolina State Secretary of State, Elaine F. Marshall, a/k/a Elaine Marshall, [hereinafter Defendants”]. Upon information and belief, all my allegations and aversions herein are true and verifiable.

4.2.

My complaint challenges Mr. Barack Hussein Obama’s, eligibility to run for, or hold, the Office of President of the United States and demands that the Offices of the Board of Elections and the Secretary of State make such determination by acquisition of original documentation or by receipt of verifiable information from other government entities so charged with overseeing the election process, such as the Federal Elections Commission.

4.3.

I argue that when a challenge is received by the North Carolina State Board of Elections to the qualification for office of an individual appearing on the North Carolina State Ballot, that the entire burden of proof falls on the candidate for Office to present such information and documentation to the North Carolina State Board of Elections as would be normal and customary to establish one’s minimum qualifications for office.

4.4.

I further argue that the Office of the Board of Elections has the Constitutional and Statutory authority to make such determinations as part of certifying and executing fair and open elections.

4.5.

I further argue that it is sufficient to show only reasonable cause for complaint to the Board of Elections for that Board to require documentation of the respective individual relevant to determination of minimum qualification; that, lacking explicit statute defining the requisite documentation, the Board of Elections has the intrinsic authority to set those reasonable standards that would establish certain confidence in the people in the electoral process.

4.6.

Plaintiff seeks focused and expedited review, to protect the veracity of the electoral process, maintain the people’s confidence in the government and to support defend the Constitutions of North Carolina and of the United States of America.”

Obama not eligible, NC lawsuit, Donald Sullivan, Lt Col, Elaine Marshall, NC Secretary of State, North Carolina Board of Elections, NC Electoral College, November 7, 2008, Class Action Lawsuit, Support and defend Constitution

Here is the lawsuit filed on November 7, 2008, by Lt Col. Donald Sullivan against Elaine Marshall, the NC Secretary of State, and the NC Board of Elections:

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF PENDER File # 08CV_____________

 

 

Lt. Col. Donald Sullivan, )

Plaintiff ) NOTICE AND DEMAND ) FOR

v. ) INJUNCTIVE RELIEF

) (CLASS ACTION)

North Carolina Board of Elections, and )

Elaine F. Marshall, Secretary of State )

For North Carolina, )

Defendants )

________________________________________________________________________

 

 

Now comes Lt. Colonel Donald Sullivan, on behalf of himself and all others similarly situated, to notice and demand this court provide injunctive relief in the matter of the citizenship of Barack Hussein Obama, Jr., his eligibility to have been a candidate on the North Carolina ballot for the office of President of the United States of America and his eligibility to hold the office of President of the United States of America. 

1. PARTIES

1.1.

 

I, Lt. Col. Donald Sullivan, Plaintiff, am an adult individual with an address of PO Box 3061, Wilmington, NC, and Citizen of the State of North Carolina and of the United States of America.

1.2 Defendant, North Carolina Board of Elections, is an appointed agency of the State of North Carolina General Assembly, with oversight authority in matters pertaining to State elections and election irregularities including, but not limited to, candidate/electee eligibility, with offices at 506 Harrington Street, Raleigh, NC, 27611, and with a mailing address of PO Box 27255, Raleigh, NC, 27611-7255. Upon information and belief, the Process Agent for said entity is Director Gary O. Bartlett of the same address.

1.2. Defendant, Elaine F. Marshall, a/k/a Elaine Marshall is an adult individual with an office address of Old Revenue Building, 2 S. Salisbury Street, PO Box 29622, Raleigh, NC, 27626-062, and the elected North Carolina State Secretary of State. Upon information and belief, the Process Agent for said individual and entity is Ann Wall at PO Box 29622, Raleigh, NC, 27626.

2.     JURISDICTION AND VENUE

2.1.

 

As we do not have a federal ballot, per se, as there is no federally guaranteed right to vote and there is no popular federal election held, North Carolina State, through the office of the North Carolina Board of Elections, creates its own ballot, supervises the same, and allows its citizens to vote in a popular election to choose electors to represent our choice for the Office of President to the Congress under the 12

th Amendment. This case arises under Article VI, of the North Carolina State Constitution and North Carolina General Statute 163, et. seq., and the laws and Constitution of the United States, and presents a state question within this Court’s jurisdiction.

3. STATEMENT IN SUPPORT OF CLASS ACTION STATUS

 

 

3. STATEMENT IN SUPPORT OF CLASS ACTION STATUS

 

I bring this action on my motion for class certification on behalf of my self and all others similarly situated pursuant to Rule 23 of the N.C.R. of Civ. P. and state as follows:
Pursuant to said Rule 23, I request a determination that all voters be certified as a single class based upon the following grounds:

3.1. I bring this action now maintained by the named plaintiff as a class action on behalf of myself and all persons similarly situated, comprising the class.
3.2. I am informed and believe that there are approximately over 4,000,000 members of the class so that joinder of all members is impracticable.

3.3. My claims are typical of the claims of all members of the class above.

3.4. I will fairly and adequately represent and protect the interests of the class above, to the best of my ability.

3.5. There are common questions of law and fact affecting the rights of each member of the class, as against the named defendants.

3.6. The common questions of law and fact predominate over any questions affecting individual members only, and a class action is superior to other available methods for the fair and efficient adjudication of the controversies between the class described above and the named defendants.

For the reasons stated infra, I respectfully request this court to grant my request for class certification.  As discussed above, all requirements of NC Civil Rule 23 have been satisfied, and the goal of judicial economy will be well served by resolving these claims contained infra in a single action. [English v Holden Beach Realty, 41 NC App 1, 254 SE 2d 217 (1979) and Crow v. Citicorp Acceptance, 319 NC 274, 354 SE 2d 459 (1987)]

4.

 

     MEMORANDUM IN SUPPORT OF PLAINTIFF’S DEMAND FOR AN ORDER FOR INJUNCTIVE RELIEF

4.1.

 

I

, Lt. Col. Donald Sullivan, Plaintiff, hereby offer this memorandum in support of my motion for injunctive relief and to demand performance of constitutional duties related to the offices of the North Carolina Board of Elections and the North Carolina State Secretary of State, Elaine F. Marshall, a/k/a Elaine Marshall, [hereinafter Defendants”]. Upon information and belief, all my allegations and aversions herein are true and verifiable.

4.2.

 

My complaint challenges Mr. Barack Hussein Obama’s, eligibility to run for, or hold, the Office of President of the United States and demands that the Offices of the Board of Elections and the Secretary of State make such determination by acquisition of original documentation or by receipt of verifiable information from other government entities so charged with overseeing the election process, such as the Federal Elections Commission.

4.3.

 

I argue that when a challenge is received by the North Carolina State Board of Elections to the qualification for office of an individual appearing on the North Carolina State Ballot, that the entire burden of proof falls on the candidate for Office to present such information and documentation to the North Carolina State Board of Elections as would be normal and customary to establish one

s minimum qualifications for office.

4.4.

 

I further argue that the Office of the Board of Elections has the Constitutional and Statutory authority to make such determinations as part of certifying and executing fair and open elections.

4.5.

 

I further argue that it is sufficient to show only reasonable cause for complaint to the Board of Elections for that Board to require documentation of the respective individual relevant to determination of minimum qualification; that, lacking explicit statute defining the requisite documentation, the Board of Elections has the intrinsic authority to set those reasonable standards that would establish certain confidence in the people in the electoral process.

4.6.

 

Plaintiff seeks focused and expedited review, to protect the veracity of the electoral process, maintain the people’s confidence in the government and to support defend the Constitutions of North Carolina and of the United States of America. 

5. DEMAND FOR INJUNCTIVE RELIEF – PRELIMINARY STATEMENT

5.1.

 

Article II, Section I of the United States Constitution, states in particular part, “No Person except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the Office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen years a resident within the United States.”

5.2.

 

Mr. Barack H. Obama was a candidate for United States Office of President on the 2008 North Carolina ballot. However, to have been a candidate, Mr. Obama must have met those qualifications specified for the United States Office of the President, which include, but are not limited to, being a “natural born” citizen. Upon information and belief, Mr. Obama has failed to demonstrate that he is a “natural born” citizen. There are other legal challenges before the Federal Courts regarding aspects of lost or dual citizenship. Those challenges further demonstrate my argument that reasonable doubt exists as to the veracity of the electoral process that would allow such fundamental questions to exist at this late hour preceding the election.

5.3.

 

The North Carolina State office of the Board of Elections is responsible for the veracity of the North Carolina State election process, for verifying ahead of time the qualification of the voters, the ballots themselves, the candidates and the final counting and certification of results. That office is intended to be non-biased and to provide the critical sense of fairness and correctness necessary for the people to have faith in the fundamental underpinnings of the democratic basis for our republic.

5.4.

 

There is a reasonable and common expectation by the people that to qualify for the ballot the individuals so listed meet the minimum qualifications as outlined in our Constitutions, and that proof of those minimum qualifications has been received by the officials executing the election process. Heretofore, upon information and belief, only a signed statement from Mr. Obama attesting to meeting those qualifications was requested and received by the office of the Board of Elections, with no verification demanded. This practice, it should be noted, represents a much lower standard than that demanded of one when requesting even a driver’s license. Since the office of the Board of Elections has at its core the mission of certifying and establishing the veracity of the election process, this demand seeks a directive to the North Carolina State Office of the Board of Elections to receive appropriate verifiable documentation and certify any individual’s qualification for Office whose basic credentials for that Office have been challenged by this formal demand to the Office of the Board of Elections from a citizen of North Carolina State.

5.5.

 

In the case of individuals seeking the Office of President of the United States, the US constitution prescribes a system of electors where citizens of the respective state have a state controlled election with electors representing the interest of the named individual on the state ballot being elected to represent the interests of the respective state at the electoral college. Thus, we do not have a federal ballot controlled by the federal government. We have a North Carolina State ballot where we choose electors who in turn represent the named individual on the ballot. That is one more reason that the North Carolina Board of Elections has purview over the certification of not just the counts of the ballots so cast, but also the veracity of the contents of the ballot.

5.6.

 

This statement of failure to carry out a key task in our election system could be satisfied should verification of Mr. Obamas qualifications be received from original or certified documents from primary sources or from a verifiable report generated from government agencies such as the Federal Elections Commission. It is the North Carolina Board of Elections duty, through the State Secretary of State

s authority, to demand or request such information from foreign governments and to certify the veracity of documents or reports so received.

5.7.

 

To avert likely civil unrest and a constitutional crisis which would certainly accrue after the inauguration through laborious legal challenges and impeachment processes, this demand seeks to resolve such complaints prior to the inauguration. It was incumbent on the candidates to present such documentation, but to date Mr. Obama has failed to do so.

5.8.

 

This demand seeks specifically to verify through the office of the North Carolina Board of Elections, assisted by the Secretary of State, that Mr. Obama is a “natural born” citizen.

5.9.

 

Up to now, Mr. Obama, or the governments in question, has not allowed independent or official access to his birth records and supporting hospital records. Mr. Obama’s citizenship status has and is being challenged in the federal courts, which challenges will cast doubt on the veracity of the electoral system regardless of outcome if not resolved prior to the inauguration. Upon information and belief, the North Carolina Board of Elections is specifically charged with certifying and guaranteeing the veracity of official documents and overseeing the elections such that the people’s confidence in the fundamental aspect of our representative Republic is maintained. Upon information and belief, to date the Board of Elections has not carried out that fundamental duty regarding the eligibility of Mr. Obama.

5.10.

 

 The Federal Elections Commission FEC is generally tasked with providing oversight and verifications of federal candidates. Upon information and belief, to date the FEC has not produced either certification or verifiable documentation regarding Mr. Obama

s basic qualifications for office. Lacking that certification from the FEC, this demand requires that the Defendants formally request Hawaii State Health Department officials produce forthwith a certified copy of his “Vault” [original long version] Birth Certificate.

5.11. This demand requires that the Defendants formally request primary backup materials if they exist of hospital records that would lend veracity to a Hawaii live birth declaration. A court order of discovery is demanded to assist that investigation directed to the respective hospital, if so identified on a live birth certificate.

5.12.

 

 

Should Mr. Obama be discovered, whether by virtue of malfeasance, negligence or ignorance on his part not to have a valid certified US birth certificate; or, by such examination of original records, be found ineligible for the Office of President of the United States of America and thereby his election be declared void by the appropriate authorities acting under the law, I as well as other Americans will suffer irreparable harm including but not limited to:

5.12.1. Functional, or actual, disenfranchisement of large numbers of citizens, being members of the Democratic Party, who would have been deprived of the ability to choose a qualified nominee of their liking;

5.12.2.

 

Irreparable

harm to the structure and integrity of the Democratic Party and the Democratic National Committee. In turn, this too would lead to disenfranchisement.

5.12.3. As Mr. Obama has now secured the election, should he later be discovered ineligible, the resulting constitutional and national security crisis that would ensue would generate a severe and genuine likelihood of civil disturbance by virtue of reaction to said disenfranchisement and upset with global ramifications.

5.13.

 

   It was well expected that, after all the public concern that has been raised over the preceding months, Mr. Obama would have released for public or official scrutiny the relevant documentation to back up his claim of qualification as a “natural born citizen”. His reaction to public concern and his recent actions in Federal District Court on 9/24/2008 demonstrate that Mr. Obama has no intentions of releasing said documentation for review or cannot because they do not exist. The late hour of this request was dictated by the delaying tactics of Mr. Obama, and the non-responsiveness to citizens’ repeated requests to the Obama campaign for proof of eligibility.

 

6.     FACTUAL ALLEGATIONS THAT DEMOSTRATE THE NEED TO PROVE MR. OBAMA’S MINIMUM CONSTITUTIONAL QUALIFICATION.

6.1.

 

These allegations and statements are not intended to be proof of the status of Mr. Obama’s citizenship or lack thereof. That will be determined in the venue of the US District court on action by the Federal Bureau of Immigration and Customs Enforcement. The listing of the allegations detailed below are included to demonstrate the reasonable assertion of the need for the Defendants to reestablish public confidence in the veracity of the electoral process and the obvious need for pre-certification as to a candidate’s meeting the minimum constitutional requirements.

6.2.

 

Pursuant to the U.S. Constitution, in order to run for office of the President of the United States, one must be a “natural born citizen” and may not hold dual citizenship or multiple citizenships with foreign countries. (U.S. Constitution, Article II, Section 1)

6.3.

 

There are questions as to where Mr. Obama was actually born, whether in the United States or abroad, and if his birth was subsequently registered in Hawaii. There are further questions regarding Mr. Obama’s United States citizenship, if he ever held such, being expatriated, and his failure to regain his citizenship by taking the oath of allegiance once he turned eighteen (18) years of age. There are additional questions regarding Mr. Obama’s multi-citizenships with foreign countries, which he may still maintain. To date, Mr. Obama has refused to prove he is qualified under the U.S. Constitution and eligible to run for the office of President of the United States despite requests and recent opportunities to do so in Federal Court.

6.4.

 

The “certificate” that Mr. Obama has posted on his official WEB site is a “Certification of Live Birth,” and not a “Birth Certificate” from Hawaii. There is no indication on even this certificate as to specifically where the birth took place.

6.5.

 

Researchers have claimed to have been unable to locate any birthing records in island hospitals for Mr. Barack Obama’s mother. Mr. Obama has offered none for review.

6.6.

 

Three forensic document experts have published extensive reports claiming that there is evidence of tampering on even the Obama WEB site displayed certificate.

6.7.

 

Numerous Freedom of Information Act Requests have been sent to Officials in Hawaii with no response from the public officials, nor has Mr. Obama granted access for release of the information, lending to the concern over the veracity of the attestation of eligibility on Mr. Obama’s application for candidacy for the office of President of the United States.

6.8.

 

The facts are undisputed by Mr. Obama that his mother, Stanley Ann Dunham, was a U.S. citizen; however, his father, Barack Obama, Sr., was a citizen of Kenya. Mr. Obama’s parents, according to divorce records, were married on or about February 2, 1961.

6.9.

 

Mr. Obama claims he was born in Honolulu, Hawaii on August 4, 1961; however, he has never given the name of the hospital in which he was born; whereas there are reports that Mr. Obama’s grandmother on his father’s side, his half brother and his half sister claim Mr. Barack H. Obama was born in Kenya. Reports further reflect that Mr. Obama’s mother went to Kenya during her pregnancy. Wayne Madsen, Journalist with Online Journal as a contributing writer published an article on June 9, 2008, stating that a research team went to Mombassa, Kenya, and located a Certificate Registering the birth of Barack Obama, Jr., at a Kenya Maternity Hospital, to his father, a Kenyan citizen, and his mother, a U.S. citizen. There are claims of records of a “registry of birth” for Mr. Obama, on or about August 8, 1961, in the public records office in Hawaii; but these have not been released for scrutiny. It is alleged in the Federal trial and is a matter of much general speculation that Mr. Obama’s mother was prevented from boarding a flight from Kenya to Hawaii at her late stage of pregnancy, which apparently was a normal restriction to avoid births during a flight. It is likely that Stanley Ann Dunham (Obama) gave birth to Mr. Obama in Kenya, after which she flew to Hawaii and registered Mr. Obama’s birth. In apparent confirmation that Mr. Obama was born in Kenya, an ABC newsman, reporting from Nairobi, Kenya, the morning after the elections, stated that the Kenyan people were celebrating the victory of their own native son

in the race for the presidency in the United States. Mobs of Kenyans were shown in the streets of Nairobi proudly waving their American flags and chanting words of support for their brother, Mr. Obama.

6.10.

 

Regarding the alleged birth of Mr. Barack Hussein Obama, Jr., in Honolulu, Hawaii, it is variously circulated that Mr. Obama’s birth is reported as occurring at two (2) separate hospitals, Kapiolani Hospital and Queens Hospital. Mr. Obama has provided no proof of birth from either of these or any other US based facility. He has made no effort to address these public concerns.

6.11. Upon information and belief, there are no published or known hospital birthing records for Stanley Ann Dunham (Obama), Obama’s mother. There are only claims of records of a “registry of birth” for Mr. Obama, on or about August 8, 1961 in the public records office in Hawaii.

6.12.

 

  

There is even a Canadian Birth Certificate posted on the Internet in the name of Barack Hussein Obama, Jr.; however, the date of birth shows to be August 23, 1961.

6.13.

 

  

At the time of Mr. Obama’s birth in 1961, Kenya was a British Colony. Subsequently, under the Independence Constitution of Kenya, Mr. Barack H. Obama, Jr., became a Kenyan citizen on December 12, 1963. There are no indications or reports that Mr. Obama ever renounced that dual citizenship conferred either by nature of birth or by virtue of his father’s Kenyan citizenship. On Mr. Obama’s Senate web site, Mr. Obama acknowledges his father holds Kenyan nationality but avoids addressing that he (Mr. Barack Hussein Obama, Jr.) also held/holds Kenyan nationality.

6.14.

 

    

If in fact Mr. Obama was born in Kenya, the laws on the books in the United States at the time of his birth stated that if a child is born abroad and one parent is a U.S. Citizen, which would have been his mother, Stanley Ann Dunham, Mr. Obama’s mother would have had to live ten (10) years in the United States, five (5) of which were after the age of fourteen (14). At the time of Mr. Obama’s birth, his mother was only eighteen (18) years of age and, therefore, did not meet the residency requirements under the law to give her son (Obama) U.S. Citizenship much less the status of “natural born”. Thus, the laws in effect at the time of Mr. Obama’s birth prevented U.S. Citizenship at birth of children born abroad to a U.S. Citizen parent and a non-citizen parent, if the citizen parent was under the age of nineteen (19) at the time of the birth of the child. Mr. Obama’s mother did not qualify under the law on the books to register Mr. Obama as a “natural born” citizen. Section 301(a)(7) of the Immigration and Nationality Act of June 27,1952,66 Stat. 163, 235, 8 U.S.C. §1401(b), Matter of S-F-and G-, 2 I & N Dec. 182 (B.I.A.) approved (Att’y Gen. 1944). Thus, Mr. Obama could have only been Naturalized, and a Naturalized citizen is not qualified or eligible to run for Office of the President. (U.S. Constitution, Article II, Section 1, Clause 5)

6.15.

 

  

Furthermore, if Mr. Obama had been born in Kenya, his birth father, Barack Obama, Sr., was a citizen of Kenya; therefore, Mr. Obama would have automatically become a citizen of Kenya.

5.16.

 

   

The Nationality Act of 1940 provided for the loss of citizenship when the person became naturalized upon the naturalization of his or her parent having custody of such person. Arguably, Mr. Obama’s mother expatriated her U.S. Citizenship when she married Lolo Soetoro, a citizen of Indonesia and relocated herself and her son (Obama) to Indonesia.

6.17.

 

   Mr.

Obama was enrolled by his parents in a public school, Fransiskus Assisi School in Jakarta, Indonesia. Copies of the school registration are available which clearly state Mr. Obama’s name as Barry Soetoro and list his citizenship as Indonesian. Mr. Obama’s father is listed as Lolo Soetoro; his date of birth and place of birth are listed as August 4, 1961, in Honolulu; and Mr. Obama’s Religion is listed as Islam. This document was verified by the television show Inside Edition, whose reporter, Matt Meagher, took the actual footage of the school record.

6.18. In or about 1971, Mr. Obama’s mother sent him back to Hawaii. He was ten (10) years of age upon his return to Hawaii.

6.19.

 

    

Sometime after the return of Mr. Obama to Hawaii, His mother, Stanley Ann Dunham returned to Hawaii and divorced her husband, Lolo Soetoro. At the time of the divorce, Mr. Obama’s mother, Stanley Ann Dunham, could have regained her U.S. citizenship. In order to regain her citizenship, she would have had to take the oath of allegiance required for such recognition. Said oath of allegiance may be taken abroad before a diplomatic or consular officer of the United States, or in the United States before the Attorney General, a judge or clerk of a court. Such Oath of Allegiance would have been entered in the records of the appropriate embassy, legation, consulate, court or the Attorney General. Upon demand, a certified copy of the proceedings, including a copy of the oath administered, under the seal of the embassy, legation, consulate, court or the Attorney General can be delivered. The certified copy would be evidence of the facts stated therein before any court of record or judicial tribunal and in any department or agency of the Government of the United States. (8U.S.C.§1435)

6.20. Upon information and belief, M

 

r.

Obama’s mother failed to take the oath in order to regain her U.S. Citizenship. Therefore, Mr. Obama would not have been able to regain his U.S. Citizenship until he turned eighteen (18) years of age, and then only after he took the Oath of Allegiance before a diplomatic or consular officer of the United States, or in the U.S. before the Attorney General, the judge or clerk of court. Since the Oath of Allegiance would have been entered in the records of the appropriate embassy, legation, consulate, court or the Attorney General, then Mr. Obama should be able to produce in court a certified copy of the proceedings, including a copy of the oath administered. Upon information and belief, no such copy has been to date produced for public examination.

6.21.

 

   After many attempts of the public to obtain Mr. Obama’s Certificate of Birth, a Hawaiian Certificate of Live Birth (COLB) was placed on Mr. Obama’s campaign website. However, as posted all over the internet, three (3) independent Document Forensic Experts performed extensive forensic testing on the Certificate of Live Birth as posted on Mr. Obama’s campaign website. The Forensic Expert findings were that the posted Certificate of Live Birth (COLB) was a forgery. It was further discovered that the posted COLB had evidence of having been created from an altered/forged COLB issued to Maya Kasandra Soetoro, born in 1970. Maya Kasandra Soetoro is Mr. Obama’s half sister who was born in Indonesia and her birth later registered in Hawaii. The altered and allegedly forged COLB is still on Mr. Obama’s website located at http://my.barackobama.com/page/invite/birthcert. Thus, if these allegations prove to be true, Mr. Obama may not only not be born in the United States, he may also very well be an illegal alien.

6.22.    Even if Mr. Obama had and subsequently maintained his United States Citizenship, which citizenship he has failed before District Court to demonstrate, he may still carry citizenships in Kenya and/or Indonesia. These facts call into question what the constitution attempted to address regarding potentially divided loyalties with foreign countries. Thus, Mr. Obama carries multiple citizenships and would be ineligible to run for President of the United States. (United States Constitution, Article II, Section 1)

7.     Failure to grant injunctive relief will realize these detriments:

7.1.

 

Failing to officially and publicly vet the status of the citizenship claims of Mr. Obama will cast a pall of doubt on the election process and taint the election results themselves.

7.2.

 

Failure to grant injunctive relief would allow a potentially corrupted, fraudulent nomination and election process to continue and an ineligible individual to assume

(Assume – To adopt in order to deceive) the office of President of the United States.

7.3.

 

Failure to grant injunctive relief demanding the Defendants certify the minimum qualifications of challenged Mr. Obama not only allows, but promotes an overwhelming degree of disrespect and creates such a lack of confidence in voters of the primary and electoral process itself that it would cement a prevailing belief that no potential candidate has to obey the laws of this country, respect our election process, follow the Constitution, or even suffer any consequence for lying and defrauding voters to get onto the ballot when they have no chance of serving if they fraudulently manage to get elected.

7.4.

 

As stated above, I as well as all American citizens will suffer irreparable harm if injunctive relief is not granted. I do not have any other way of redress regarding these very significant and important issues and have made the general counsel for the Board of Elections and the Office of the Attorney General aware of my concerns that Mr. Obama may very well be an illegal alien. In this regard, I filed an affidavit on Friday, October, 31, 2008, with the Wilmington Office of the Bureau of Immigration and Customs Enforcement which provided Agent-In-Charge Al Fitchett, or his successor, with the information contained herein in hopes he would use his extensive authority and resources to resolve this matter. (Exhibit A)

7.5. Despite many complaints, the FEC may have failed me and the entire class of American and North Carolinian citizens by their failure to date to perform due diligence and inquire into Mr. Obama’s eligibility to run for Office of the President. Lacking such certification, it is incumbent on the Defendants to certify or decertify as to Mr. Obama’s eligibility for the office of President of the United States based on the availability of clear documentation demonstrating that minimum qualifications for the respective office have been met by Mr. Obama.

8.    

 

WHEREFORE, Plaintiff respectfully prays that this Court:

8.1. Certify this action as a class action under Rule 23 of the North Carolina Rules of Civil Procedure.

 

 

8.2.

Grant injunctive relief demanding that Defendants immediately acquire primary documents or certified copies from primary sources such as Health Department and hospital records or verifiable reports regarding same from the FEC.

8.3.

 

Direct that Defendants immediately demand such verifiable report from the FEC or demand a certified copy of Mr. Obama’s Certificate of Live Birth and subpoena as needed for the release of hospital records, if so claimed, on said Live Birth Certificate to further prove he was born in Hawaii as Mr. Obama claims.

8.4.

 

Direct that Defendants certify or decertify the challenged Mr. Obama prior to the inauguration based on the availability of clear documentation.

8.5.

 

Order the Defendants to demand immediately a certified copy of Mr. Obama’s Oath of Allegiance proving he regained his United States Citizenship if, in fact, he is found not to have been born in the United States.

8.6.

 

If Defendants are unable to document a certified record of Mr. Obama’s oath of allegiance and birth and hospital records, the Defendant Board of Elections must immediately decertify Mr. Obama as a valid North Carolina electee for the office of President of the United States Office under the United States Constitution, Article II, Section I.

8.7 If Defendants are unable to document a certified record of Mr. Obama’s oath of allegiance and birth and hospital records, the Defendant Secretary of State must immediately demand Mr. Obama be stripped of his

 

electee

status, and decertified as such, nationwide, including, but not limited to, removing his status as the Senator from Illinois.

8.8.

 

Award me such costs and fees applicable by law; and further relief as the Court deems just and proper.

 

 

 

 

Respectfully submitted this the 7th day of November, 2008. 

________________________________________ Donald Sullivan, in pro per and sui juris Lt. Col, USAFR(R) Plaintiff PO Box 3061 Wilmington, NC 28406

 

VERIFICATION

 

 

I, Donald Sullivan, hereby state that I am the Plaintiff in this action and verify that the statements made in the foregoing Notice and Demand for Injunctive Relief (Class Action) are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of law relating to unsworn falsification to authorities.

_____________________________________ Donald Sullivan, Plaintiff, in pro per and sui juris PO Box 3061 Wilmington, NC 28406 

 

CERTIFICATE OF SERVICE

 

 

 

 

I do certify I have this 7th Day of November, 2008, served a copy of the foregoing “Notice and Demand for Injunctive Relief (Class Action)” by placing a copy of the same in the United States Mails, certified with return receipt requested, or hand-delivered, and addressed as follows:

 

For Attorney General for the State of North Carolina:

Office of the Attorney General of North Carolina

ATTN: Mr. Roy A. Cooper, III, Attorney General

114 E. Edenton Street

PO Box 629

Raleigh, NC 27626-0629

For Defendant Board of Elections:

North Carolina Board of Elections

ATTN: Mr. Gary O. Bartlett, Director and Process Agent

POB 27255

Raleigh, NC 27611

For Defendant Elaine F. Marshall, Secretary of State:

Office of North Carolina Secretary of State

ATTN: Ms. Ann Wall, Process Agent

PO Box 29622

Raleigh, NC 27626

A copy is also being filed with the Clerk of Court for Pender County.

 

 

BY: ___________________________

Donald Sullivan, Lt Col, USAFR (Ret)

Plaintiff, In Pro per and Sui JurisPO Box 3061

Wilmington, NC 28406