Tag Archives: Obama is not eligible

Barack Obama must be indicted, Patrick Fitzgerald, January 15, 2009, Obama corruption, Rod Blagojevich, Rezko, Levine, Weinstein, Chicago corruption, Obama indictment, Obama is not eligible

Why Barack Obama should be indicted
Part 13

One or more of the following events should happen:

  • Obama steps down.
  • Obama is forced to prove eligibility.
  • Obama is indicted and/or arrested.

Barack Obama was not only in cahoots with corruption figures
like Rezko and other slumlord types like Valerie Jarrett, but
also corrupt figures that fraudulently used the IL Health
Planning Facilities Board and the IL TRS, Teachers Retirement
System.

What do Barack Obama and Rod Blagojevich have in common with
these indicted corruption figures?
Tony Rezko
Stuart Levine
Ali Ata
Joseph Cari
William Cellini
P. Nicholas Hurtgen
Jacob Kiferbaum
Steven Loren
Edward Vrdolyak
Dr. Robert Weinstein
A host of others mentioned in indictments, complaints and
court transcripts.

The Citizen Wells blog has already urged Patrick Fitzgerald to
indict Barack Obama based on his involvement in rigging the IL
Health Planning Facilities Board Indict Obama . The focus of this
article will be Obama’s ties to corruption involving the
TRS, Teachers Retirement System.

TRS, Teachers Retirement System described.
From Rezko indictment

“The Teachers’ Retirement System of the State of Illinois (“TRS”) was a
public pension plan created by Illinois law for the purpose of providing
pension, survivor, and disability benefits for teachers and administrators
employed in Illinois public schools except in the City of Chicago. It served
approximately 325,000 members and annuitants, and had assets in excess of
approximately $30 billion. TRS was funded by annual contributions from
teachers, their employers, and the State of Illinois, as well as investment
income.”
“The activities of TRS were directed by an 11-member Board of Trustees. Certain
of those trustees were appointed by statute by the Governor of the State of
Illinois, while other trustees were elected by teachers and annuitants. Among
its other responsibilities, the Board of Trustees reviewed and voted to approve
or reject proposals by private investment management companies to manage funds
on behalf of TRS. At any given time, TRS assets were managed by numerous
different investment management companies. These companies were compensated by
TRS for their activities, typically through fees calculated as a percentage of
the TRS assets they managed.”
“In carrying out all of their duties, including reviewing and deciding whether
to approve or reject proposals by private investment management firms to manage
TRS assets, members of the TRS Board of Trustees owed a fiduciary duty to the
beneficiaries of TRS and were required to act solely for the benefit of the
beneficiaries of TRS. In order to assist members of the TRS Board of Trustees
in evaluating proposals to manage TRS assets, TRS required an investment firm to disclose, before TRS decided whether to authorize it to manage TRS assets, all
finder’s fees, placement fees, and commissions (hereafter collectively referred
to as “finder’s fees”) to be paid by that investment firm in connection with its
TRS business. Such fees at times were paid by investment firms to individuals or
entities in exchange for bringing the investment firm to the attention of TRS or
facilitating the communications between the investment firm and TRS.”

Here is a great overview of Obama and Blagojevich ties to corruption
from a April 7, 2008 article on the LA Times blog titled

“Ticket Special Report: Obama and Rezko, the early years”

Written by Andrew Malcolm “A veteran foreign and national correspondent,
Malcolm served on the Times Editorial Board and was a Pulitzer finalist
in 2004.”
“The trial of Antoin “Tony” Rezko, one-time patron to Sen. Barack Obama and
Illinois Gov. Rod Blagojevich, has turned lurid.

Under cross-examination by Rezko attorney Joseph Duffy, star prosecution witness
Stuart Levine, a Chicago-area lawyer, is admitting to conspiracy, extortion,
bribery, fraud and other bad acts while he “served” at the Illinois public school
teachers pension fund board.”
“It’s an unfolding, seemingly local political story that’s fascinating in its
revealing details about the subterranean world of business, financial and family
connections in Illinois and Chicago politics that helped take a virtually unknown
black Chicago attorney, nurtured him politically and financially and
turned him into….

…the polished candidate who today thrills crowds of thousands across the country
with his eloquence.

Obama currently leads in delegates for the Democratic nomination for president.”
“This story concerns two men, neither of whom face any legal charges today. They
are two of Illinois’ top Democratic politicians — Gov. Blagojevich, who’s been
mentioned often in court, and Sen. Obama, who’s received only passing mentions.
They’re entwined in the Rezko saga, particularly through the bounteous campaign
money he raised for them both.

Get used to that name. Rezko’s currently in a long-running Chicago trial on federal
extortion and bribery charges. Few campaign donors were more responsible than Rezko
for the rise of Blagojevich (Blah-goy-ah-vitch) and Obama. Both politicians came to
rely on him for political and personal advice — and lots of campaign money.”

 

“So far, Blagojevich, reelected in 2006, is more deeply enmeshed in the scandal than
Obama, who’s not been implicated in any wrongdoing.

But all three operated in the murky world of Illinois Democratic politics, where
money, family relationships and long business associations provide the invisible
glue of the local political world.”

 

“An early trial exhibit from prosecutors was a spreadsheet. Prepared by an FBI agent,
the spreadsheet identifies Rezko-related donors who supplied $1.43 million between
2001 and 2004 to Blagojevich, who was first elected governor in 2002.

Using Federal Election Commission and Illinois state records, The Times’ Dan Morain
compared donors on the FBI spreadsheet to Obama’s contributors. Guess what.

Sen. Obama received $222,000 during the same 2001-2004 period from Rezko-related
Blagojevich donors.”

 

“Those Obama-Blagojevich donors include Rezko himself, along with his family members,
employees and associates of his various business enterprises. There’s also the head
of a major Chicago investment firm that received Illinois public teachers’ pension
money to invest.”

 

“Another overlapping donor is John Rogers, head of Ariel Capital, a major
Chicago-based investment firm. Rogers gave $12,500 to Blagojevich in 2004, the FBI
spreadsheet shows. Rogers has also given Obama $25,000, state and FEC records reveal.”

 

“As an Illinois state senator, Obama appeared before Illinois pension funds in 2000
and 2001 to urge that they provide more business to black-owned investment houses
including, as it happens, Ariel.

Describing his efforts to the Urban League last year, Obama said African-American-owned
firms were not getting any business from state pensions. Obama singled out Rogers’ Ariel
Capital, calling it a well-respected investment house, but one that received no business.

“We didn’t have to implement a formal program,” Obama told the Urban League, taking no
credit. “I simply said, ‘Listen to what these folks have to say,’ and in about six
months they got about a half billion dollars worth of business simply on their own
excellence.”

In 2002, the year after Obama made the pitch, the Illinois Teacher Retirement System
reported an 18% increase in assets managed by minority-owned firms. Ariel’s share grew
to $442 million by 2005.

In 2006, after the federal investigation became public, the teacher pension board severed
its relationship with Ariel, concluding that Ariel’s investment returns were insufficient.”

Evelyn Pringle is an investigative journalist and she deserves
a lot of credit for researching and writing about Obama’s ties
to crime and corruption in Chicago and Illinois. The following
exerpts from her articles will provide important insights into
these ties.
Access Evelyn Pringle’s articles

Barack Obama — Operation Board Games For Slumlords

“In Obama’s case, a whole gang of slumlords in Illinois made their “voices heard”
by writing campaign checks to fund his rise to fame. But as long as the focus
of the slumlord allegations remains solely on a crook named Rezko, the other
members of the gang will not get the credit they deserve.”
“The prosecution team is led by the US Attorney for Northern Illinois, Patrick
Fitzgerald, of Scooter Libby fame; the same guy who put the last Illinois
Governor behind bars and convicted a host of government officials from the
Daley administrations who were involved in what prosecutors called “pervasive
fraud” to rig city hiring for 12 years with persons who got out the vote for
Mayor Daley, and the candidates he endorsed, as well as numerous crooks rounded
up during the scandal involving Daley’s Hired Truck program.

The list of names in the indictment includes about eight persons referred to
as “Co-Schemers,” and reads like a “who’s who list” of major campaign donors
to Obama, Blagojevich, Daley and other powerful Illinois politicians.

Blagojevich is referred to as “Public Official A,” Obama is referred to as a
“political candidate,” and there is a list of “Individuals” from “Individual A”
all the way up to “Individual HH.””
“The case involves the corruption of two state regulatory boards. The
investigation, dubbed “Operation Board Games,” by the Feds, began in December
2003, based on information supplied by an informant. Its now obvious that Rezko
was aware of the investigation as early as 2004, because during a January 16,
2007, court hearing his attorney, Joe Duffy, told US District Judge Amy St Eve
that he was hired in 2004.”
“On Blagojevich took office, the Schemers were able to stack the TRS board with
members who would vote whichever way they were told. Once they accomplished that
feat, they demanded kickbacks from investment firms in exchange for the approval
of their proposals.

Rezko’s partner in the Rezmar development company, Daniel Mahru, is referred to
as “Individual Z” in the indictment, and according to court filings, Rezko told
Mahru that “$500 million” of TRS money was earmarked for their company. Mahru is
reportedly cooperating with federal investigators.

In addition to lining their own pockets, the money gained through the scheme was
funneled to the campaigns of Blagojevich and Obama. Prosecutors have identified
two $10,000 payments that were made to Obama’s US Senate campaign through straw
donors Joseph Aramanda and Elie Maloof, which originated from a kickback paid by
investment firm, Glencoe Capital, to secure approval for a $50 million deal.

Aramanda and Maloof also each gave Obama $1,000 for his failed run for Congress
in 2000. Once Obama became a US Senator, Aramanda’s son was granted a coveted
intern position in Obama’s Senate office in Washington during the summer of 2005,
based on a request which the Obama’s camp has admitted came from Rezko.

Levine was appointed to the TRS Board in 2000, by Republican Governor George Ryan
and was reappointed in 2003 by Blagojevich. As part of the team led by Levine to
rig the votes, Blagojevich appointed, attorney Anthony Abboud, to serve. He is
“Individual Q” in the indictment. He has been donating money to Obama’s political
career since March 2000, with a total of more than $2,800.

Blagojevich also appointed, attorney Jack Carriglio, or “Individual R.” On June
30, 2003, Carriglio donated $1,000 for Obama’s US Senate campaign.”

“But Obama’s using the lure of the pension funds to raise campaign money goes way
back. In 1999, he “was instrumental in the formation of a coalition of black
investment firm owners and legislators in Illinois to create an initiative that
would award black-owned firms with the management of some of the state’s
retirement funds,” according to a 2004 article on Black Enterprise.com.

“He’s out there fighting for us,” said John Rogers, chairman and CEO of
Chicago-based Ariel Capital Management in the article. Rogers donated $9,000 to
Obama’s US Senate campaign.”

“However, the Times pointed out that Obama’s political career had benefited many
times over from his ties to the group. “Several of the businessmen or their wives
would help clear the debts from his Congressional race,” the Times wrote, “and six
of the group’s members are now among the top fund-raisers for his presidential
campaign, according to campaign finance records.”

All totaled, the Times said, employees at more than 30 companies listed on the
group’s website and their relatives donated more than $300,000 to help Obama win
his US Senate seat in 2004 and “set fund-raising records early in the 2008
presidential race.””

“John Rogers and two other people at Ariel each bundled at least $50,000 in
donations for Obama’s presidential campaign, according to the Times.

An October 3, 2005 article in the Sun-Times, by Chris Fusco and Dave McKinney,
reported that Ariel and its top executives also contributed $117,500 to
Blagojevich’s campaign.”

Barack Obama — Subplots of Operation Board Games

“Fitzgerald further reported that, “Cari and Loren, both formerly prominent
Chicago lawyers, each pleaded guilty in the pending TRS fraud case. Kiferbaum,
a suburban construction executive, pleaded guilty in the pending Planning Board
case.”

“All three are cooperating with the government and awaiting sentencing,”
the release said.

“This basically involved a pay to play scheme on steroids,” Fitzgerald told
reporters.

Allison Davis, Obama’s boss at the law firm, is also listed in legal documents
as playing a part in setting up a major extortion attempt in the Board Games case.”
Obama’s political career was bankrolled by the same gang that planned to make
Blagojevich president. For instance, Fortunee Massuda, another participant
identified in the “pay-to-play” schemes, contributed $25,000 to Blagojevich
compared to $2,000 to Obama. Michel Malek, another participant, threw $25,000 to
Blagojevich and $10,500 to Obama.

Ali Ata, another guy listed as a co-schemer in one indictment, was made executive
director of the Illinois Finance Authority, and he contributed $25,000 to
Blagojevich and $5,000 to Obama.

Jay Wilton, identified by prosecutors as a major contributor to Blagojevich, is
the owner of Wilton Partners, a construction company in California. He donated
$50,000 to Blagojevich shortly after his firm cinched an $83 million contract
with the state to refurbish the Illinois tollway’s oasis rest stops. Wilton also
gave $5,000 to Obama.

Joe Cari donated $15,000 to Blagojevich but only gave $1,335 to Obama.

A trial exhibit produced by an FBI agent, identifies major contributors who
donated $1.43 million to Blagojevich between 2001 and 2004. The Chicago Sun-Times
compared the exhibit to government campaign records on Obama and found he
received more than $220,000 from many of the same donors between 2001 and 2004.

John Rogers, the head of Ariel Capital, an investment firm that ended up with
major money from the pension funds, is on the FBI’s summary of Blagojevich’s
top contributors. He also gave Obama $25,000.

Rogers is a member of the finance committee for Obama’s presidential campaign.
Rogers also served on the campaign finance committee for Obama’s US Senate run
with Tony and Rita Rezko, Allison Davis, and Myron “Mike” Cherry.

Mike Cherry is listed in the indictment for the pay-to-pay schemes and the FBI
shows he gave Blagojevich $25,000 in 2003.

Daniel Mahru, a major player in the Chicago slumlord racket, has reportedly
flipped in the Board Games case and is cooperating with the prosecution. He is
 the owner of Automatic Ice Company, which donated $10,000 to Blagojevich. Mahru
gave $5,000 to Obama.

Attorney, Jack Carriglio, contributed $25,000 to Blagojevich and was appointed
to the TRS Board. He also gave $1000 to Obama.”
“In a January 11, 2006, report by Better Government Association, the groups
Executive Director, Jay Stewart, stated: “Illinois is awash in scandal and
corruption.””

 

Curtain Time for Obama — Part 1

“Ata told the jury he delivered one $25,000 contribution to Blagojevich at
Rezko’s office in the latter part of 2002, and the three men discussed the
prospects of Ata getting an appointment in the administration. He said people
at the office that day included Blagojevich’s campaign chief and later chief of
staff, Lon Monk, Christopher Kelly, and state Representative Jay Hoffman.

“I learned that Mr. Hoffman was part of a select group of advisers that were
referred to as the kitchen cabinet,” Ata told the jury.

“The way Ali Ata described it, the waiting room in the North Side office of
Antoin “Tony” Rezko seemed as busy as an airport terminal,” the Tribune noted
on May 1, 2008.

Ata brought another $25,000 check to a fundraiser on July 25, 2003, and he was
appointed to lead the Finance Authority.

Ata made a $5,000 donation to Obama less than a month earlier on June 30, 2003.
Ata is also an investor in Riverside Park. Almost without fail, the people
identified in the Board Games cases as investors in Riverside Park contributed
to Obama’s US senate campaign.”

Indictments, Criminal Complaints regarding TRS

Levine, Cari, Loren Indictment

March 2004

“Beginning no later than early 2002 and continuing through
at least June 2004, in the Northern District of Illinois, Eastern
Division, and elsewhere, STUART LEVINE,
defendant herein, together with Joseph Cari, Steven Loren, and
others known and unknown to the Grand Jury, devised and intended to
devise, and participated in, a scheme and artifice to defraud TRS
and its beneficiaries of money, property, and the intangible right
to the honest services of defendant LEVINE, by means of materially
false and fraudulent pretenses, representations, and promises, and
material omissions, and in furtherance thereof used the United
States mails and other interstate carriers, and interstate and
foreign wires, which scheme is further described below.”
“In the course of the scheme, LEVINE solicited,
demanded, and received hundreds of thousands of dollars in
undisclosed kickbacks and payments for LEVINE and his nominees and
associates from investment firms seeking to do business with TRS.”

Tony Rezko Indictment

February 2005

“STUART LEVINE and ANTOIN REZKO, also known as “Tony Rezko,”
defendants herein, together with Joseph Cari, Steven Loren, Jacob Kiferbaum,
Individual A, and others known and unknown to the Grand Jury, devised and
intended to devise, and participated in, a scheme and artifice to defraud the
beneficiaries of TRS and the people of the State of Illinois, of money,
property, and the intangible right to LEVINE’s honest services, by means of
materially false and fraudulent pretenses, representations, and promises, and
material omissions, and in furtherance thereof used the United States mails
and other interstate carriers, and interstate and foreign wires, which scheme
is further described below.”
“It was part of the scheme that defendants REZKO and LEVINE, with the
assistance of Cari, Loren, Kiferbaum, Individual A, Individual B, and others,
fraudulently used and sought to use the position and influence of LEVINE and
other members of the TRS Board of Trustees and the Planning Board to obtain
financial benefits for REZKO, LEVINE, and their nominees and associates. In
the course of the scheme, REZKO and LEVINE solicited and demanded millions of
dollars in undisclosed kickbacks and payments, and received and directed
hundreds of thousands of dollars in actual undisclosed kickbacks and payments,
for the benefit of REZKO, LEVINE, and their nominees and associates, from
investment firms seeking to do business with TRS, and from Kiferbaum. Among
the defendants’ fraudulent activities in the course of the scheme were the
following:”

“REZKO used his relationship with certain State of Illinois officials, to
ensure that REZKO and LEVINE had the ability to influence the actions of TRS
and the Planning Board for the benefit of themselves and their nominees and
associates.”

William Cellini Indictment

February 2008
“Beginning no later than in and about the spring of 2003 and continuing
through in or about the summer of 2005, in the Northern District of Illinois,
Eastern Division, and elsewhere, WILLIAM F. CELLINI, SR., defendant herein,
together with Stuart Levine, Antoin “Tony” Rezko, Steven Loren, Co-Conspirator
A, and others known and unknown to the Grand Jury, did conspire and agree with
each other to commit offenses against the United States, namely, to devise and
participate in a scheme to defraud the beneficiaries of TRS and the people of
the State of Illinois of their intangible right to Levine’s honest services,
and it was foreseeable that for the purposes of executing and attempting to
execute such scheme, one or more members of the conspiracy would use and cause
the use of the United States mails and private and commercial interstate
carriers, and the transmission of a wire communication in interstate commerce,
in violation of Title 18, United States Code, Sections 1341, 1343, and 1346.”


Defendant WILLIAM F. CELLINI, SR. (“CELLINI”) had longstanding relationships
and influence with TRS trustees, including Stuart Levine, and TRS staff members,
and was associated with a real estate asset management firm, Commonwealth Realty
Advisors, that managed hundreds of millions of dollars on behalf of TRS. CELLINI
also raised significant funds for, among others, Public Official A.”
“It was further part of the conspiracy that in or around the summer and fall of
2004, in an effort to conceal the conspiracy, CELLINI, Rezko and others discussed
the possibility of removing the U.S. Attorney for the Northern District of
Illinois in an effort to stop any investigation into the co-conspirators and
others.”

Governor Rod Blagojevich Criminal Complaint

December 9, 2008


“Cari testified that he eventually became involved in the attempted extortion
of JER, a real estate investment firm that was seeking an investment from the
Teachers Retirement System (“TRS”). Details regarding corruption at TRS
involving one of its board members, Stuart Levine, are set forth below. Based
on his conversations with ROD BLAGOJEVICH, Rezko, Kelly, and Levine, in which
he was informed that consultants would be inserted into State of Illinois
transactions and then solicited for campaign contributions, Cari believed that
JER needed to hire a consultant. Cari testified that he informed employees of
JER that they needed to hire a consultant and that in Illinois the “Governor
and the people around the Governor” pick the consultants to be used on
particular deals. Cari informed JER employees that if they did not hire the
consultant then JER would not receive the money it was seeking from the State
of Illinois. Ultimately, JER exposed the attempted extortion and received money
from the State of Illinois.”
“Levine originally was appointed to the TRS Board in 2000. By the summer of 2001,
Levine, working in concert with William Cellini, who had a significant interest
in a real estate asset management firm that had a long-standing business
relationship with TRS, had established effective control over the TRS board by
forming and maintaining a group of TRS trustees who consistently voted together
on matters important to Cellini and Levine.”
“Levine testified that among the steps Cellini took to ingratiate himself with
ROD BLAGOJEVICH was raising considerable money for ROD BLAGOJEVICH.”
“As set forth more fully in the following paragraphs, Levine and Cellini, in order
to keep their control over TRS, agreed to an accommodation with Rezko and Kelly
that Rezko and Kelly would use their influence with ROD BLAGOJEVICH to stop the
consolidation of TRS with other pension boards and, in exchange, Levine and Cellini
would assist investment firms named by Rezko and Kelly to receive TRS money because
those investment firms had made or would make political contributions to ROD
BLAGOJEVICH.”

Conclusion

One getting their primary information from the MSM could easily get the impression
that Rod Blagojevich is being investigated primarily for trying to sell the US
Senate seat vacated by Obama and that Obama is innocent of all wrongdoing. However,
the truth of the matter is that Blagojevich has been under investigation for many
months and that he and Obama have long time close ties to crime and corruption in
Chicago and Illinois. There is so much damaging material about Blagojevich that
Patrick Fitzgerald requested a 90 day extension to prepare an indictment. The
Citizen Wells blog predicted months ago that Blagojevich would be indicted and
that Barack Obama would be indicted shortly thereafter.

It is clear that Patrick Fitgerald has been working his way up the job title chain
and that Barack Obama is next.

US Supreme Court, Chief Justice John Roberts, US Department
of Justice, Patrick Fitzgerald, we have a president elect
that is not eligible and should already have been indicted.
Are you going to do your job and protect this country or is
it too late.

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Citizen Wells letter to Electors, Electoral College, Uphold US Constitution, December 15, 2008 Electors vote, Obama is not eligible, Demand proof, 2008 Election, Election laws, Political Party pledges, State laws unconstitutional

“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 1778

To: 2008 Presidential Election Electoral College Electors

From: Citizen Wells

Electors,
You are being put into the uncomfortable position of having to
question your vote for president of the US. In the past, this
was a much simpler decision. Party politics has always been an
issue but in the past, after the general election, the rules
were fairly simple for you. You voted based on the party pledges
and state rules without giving it much thought. The duty to vote
in the manner as directed by the US Constitution has always been
there, but you never had to be concerned about violating it.

The 2008 Election year is unique in American History. Early in
2008 questions arose about the eligibility of John McCain and
Barack Obama to be president. John McCain put to rest any doubts
by presenting to Congress a vault copy of his birth certificate.
As the year progressed and more was learned about Obama’s history
and evasive attitude, more people began questioning Obama’s
eligibility. Several attempts were made on various websites to put
the issue to rest by presenting copies of what were alleged to be
COLB, Certificate of Live Birth. A COLB is a record of birth and
is not a legal verification of location of birth and other birth
facts.

On August 21, 2008, Philip J Berg filed a lawsuit in Philadelphia
Federal Court demanding that Barack Obama provide proof of eligibility.
Mr. Berg provided many details surrounding Obama’s past such as
Obama’s probable birth in Kenya, travel forbidden to American
citizens in Pakistan and Obama’s school records and other records’
that Obama has kept hidden from scrutiny. Many lies and deception
have been initiated by the Obama camp. One of the more interesting
ones is an AP report that tried to insinuate that Hawaiian Health
Department officials stated that Obama was born in Hawaii. They
did not state that.

Many other lawsuits have developed from the Berg lawsuit including
the Alan Keyes lawsuit in CA. Obama has spents hundreds of thousands
of dollars and employed multiple law firms to avoid proving his
eligibility. Lawsuits are still alive in the US Supreme Court and
many state courts. Lawsuits place the burden of proof on the
plaintiff and require very strict legal wording.

Why are you being put in the position of questioning your vote and
complying with the US Constitution? The Constitution gives the power
and control over elections to the states through the vote of the
Electoral College. State laws vary greatly but to various degrees
define how candidates get on the ballot and other rules controlling
the election process. Some states define the method of challenging
or ensuring that a candidate is qualified. Regardless, the states
do have the power and the duty to ensure that a presidential
candidate is qualified to take office.

Why are the states not requiring that a presidential candidate is
qualified? The short answer is that they are passing the buck. The
long answer is that tradition, politics and political parties are
driving the process when in fact political parties are given no
power or authority by the US Constitution. The typical answer
given by a secretary of state or other state election official is
that they get their cue from the political party as to who gets
put on the ballot and some even state that it is the responsibility
of the party to vet the candidate. While I see no problem getting
names for ballots from the political party, that does not remove
the Constitutional duty of the states. This is a blatant violation
of duty by state officers, election officials and judges and could
fall under “High Crimes and Misdemeanors.”

To make matters worse, the US Supreme Court, on multiple occasions, in
regard to several lawsuits challenging Obama’s eligibility to be
president, has not addressed three distinct constitutional issues
that need to either be ruled on or clarified:

  • Obama’s eligibility to be president and the relevance of natural
    born citizen.
  • Clarification of state powers and duties to ensure that Electoral
    College Electors have a qualified candidate on the ballot to vote for.
  • Applicability of oaths taken to uphold and defend the Constitution
    to the election process. Marbury V Madison is clear on oaths. Why are
    the states ignoring this?

No one wants to take responsibility. Why? Many of the reasons are
obvious. Party politics, fear of offending someone, fear of riots,
ignorance, tradition.

Electors. You are in a unique position. We have a system of checks and
balances in this country that has served us well over the centuries.
Our Founding Fathers had witnessed the monarchies and totalitarian
regimes prevalent in much of their world. They did not want that. That
is why we have executive, legislative and judicial branches and that
is also why we have an Electoral College system of voting for president.
The Electoral College was set up by the founding fathers to achieve two
primary goals.To prevent smaller states and lower population areas from
being dominated by a few larger states with higher population densities
and to prevent a tyrant or usurper of power from deceiving an uninformed
populace.

Consider the following quotes:
Alexander Hamilton echoed the thoughts of many of the founding
fathers when he wrote in the Federalist Papers: “afraid a tyrant could
manipulate public opinion and come to power.”
“The people are uninformed, and would be misled by a few designing men.”
Delegate Gerry, July 19, 1787.

Electors, you have a duty to uphold the US Constitution. As Harry Truman
said, “The buck stop here.” You can blindly follow party propaganda or
you can act as concerned Americans and do the right thing. What do other
concerned Americans expect from you? That you make certain that the
candidate that you vote for is qualified under the US Constitution,
nothing more, nothing less.

This is so simple a school child can understand it. Why would Barack
Obama spend so much money, time and resources to avoid proving his
eligibilty. The answer is obvious. Obama is not qualified. However,
all you have to do is demand that he provide legitimate, legal, proof
and you can rest easy knowing you have done your job, your duty to
this country and the US Constitution.

One person, one vote can make a difference:

1860 election: 4 electors in New Jersey, pledged for Stephen Douglas,
voted for Republican candidate Abraham Lincoln.

Those Electors helped save the Union and the world.

Electoral College Questions and Answers

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

Another Obama Camp scam?

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

Internet accounts of alleged Petition and judge ruling

So, who is Wild Bill?

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

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

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

Found here:

http://peoplespassions.org/peoplesvoice

So, where did this come from?

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

Review:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

And what prompted Lan Lamphere to state the following?

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

Found here:

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

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

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

** UPDATE **

I Just found this on

http://americamustknow.com/virginiacase.aspx

“Message:
RE: WILD BILL CASE

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

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

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

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

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