OBAMA WATCH CENTRAL
More military officers demand eligibility proof
Plaintiff: 'In the worst case . it's going to be revolution in the
streets'
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Posted: March 02, 2009
8:18 pm Eastern
By Bob Unruh
© 2009 WorldNetDaily
Military officers from the U.S. Army, Navy, Air Force and Marines are
working with California attorney Orly Taitz and her Defend Our Freedoms
Foundation, citing a legal right established in British common law nearly
800 years ago and recognized by the U.S. Founding Fathers to demand
documentation that may prove - or disprove - Barack Obama's eligibility to
be president.
Taitz told WND today she has mailed to U.S. Attorney General Eric
Holder a request that he "relate Quo Warranto on Barack Hussein Obama II to
test his title to president before the Supreme Court."
The lengthy legal phrase essentially means an explanation is being
demanded for what authority Obama is using to act as president. An online
constitutional resource says Quo Warranto "affords the only judicial remedy
for violations of the Constitution by public officials and agents."
Requesting the action are Maj. Gen. Carroll Childers; Lt. Col. Dr.
David Earl-Graef; police officer and Selected Reservist Navy Commander
Clinton Grimes; Lt. Scott Easterling, now serving on active duty in Iraq;
New Hampshire state Rep. Timothy Comerford; Tennessee state Rep. Frank
Nicely and others.
(Story continues below)
"As president-elect, Respondent Obama failed to submit prima facie
evidence of his qualifications before January 20, 2009. Election officers
failed to challenge, validate or evaluate his qualifications. Relators
submit that as president elect, Respondent Obama failed [tO] qualify per
U.S. CONST. Amend. XX [paragraph] 3," the document said.
John Eidsmoe, an expert on the U.S. Constitution now working with the
Foundation on Moral Law, an organization founded by former Alabama Supreme
Court Chief Justice Roy Moore after he was removed from office for formally
recognizing the Ten Commandments' influence in the U.S., said the demand is
a legitimate course of action.
"She basically is asking, 'By what authority' is Obama president," he
told WND. "In other words, 'I want you to tell me by what authority. I don't
really think you should hold the office.'
"She probably has some very good arguments to make," Eidsmoe said.
The letter, dispatched to Holder today, is the latest development in
the quest by a multitude of lawyers and plaintiffs nationwide for
documentation that Obama qualifies to be president under the requirements of
the U.S. Constitution.
WND has reported on dozens of legal challenges to Obama's status as a
"natural born citizen." The Constitution, Article 2, Section 1, states, "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."
Some of the lawsuits question whether he was actually born in Hawaii,
as he insists. If he was born out of the country, Obama's American mother,
the suits contend, was too young at the time of his birth to confer American
citizenship to her son under the law at the time.
Other challenges have focused on Obama's citizenship through his
father, a Kenyan subject to the jurisdiction of the United Kingdom at the
time of his birth, thus making him a dual citizen. The cases contend the
framers of the Constitution excluded dual citizens from qualifying as
natural born.
Where's the proof Barack Obama was born in the U.S. or that he
fulfills the "natural-born American" clause in the Constitution? If you
still want to see it, join more than 300,000 others and sign up now!
Several of the cases have involved emergency appeals to the U.S.
Supreme Court in which justices have declined even to hear arguments. Among
the cases turned down without a hearing at the high court have been
petitions by Philip Berg, Cort Wrotnowski, Leo Donofrio and Taitz.
Taitz' plaintiffs, some of whom potentially face life-or-death
situations in defense of the U.S. Constitution on a daily basis, note that
information on Quo Warranto against a federal officer normally is related to
the attorney general. But since Holder is an Obama friend and appointee,
they are asking for the appointment of a special prosecutor to help in
presenting documentation to the Supreme Court.
"This information on Quo Warranto includes action between the United
States ex rel. and the State of Hawaii over original birth records of Barack
H. Obama II being withheld per Hawaii's privacy laws. Hawaii's action
obstructs the constitutional duties of election officers to validate or
evaluate President Elect Obama qualifications to become President under U.S.
CONST. art. II § 1, and amend. XX § 3," the document said.
Eidsmoe said it's clear that Obama has something in the documentation
of his history, including his birth certificate, college records and other
documents, "he does not want the public to know."
What else could be the reason for his hiring law firms across the
nation to fight any request for information as basic as his Occidental
College records from the early 1980s, he asked. A separate lawsuit has
sought the documents to find out whether they indicate Obama, possibly under
the name Barry Soetero, attended the college on aid for foreign students.
Obama's critics warn of the impending constitutional crisis should it
be discovered Obama is ineligible and the resulting chaos of trying to
figure out what, if any, of his executive branch orders, should be valid.
According to the online Constitution.
writ of quo warranto has been suppressed at the federal level in the United
States, and deprecated at the state level, but remains a right under the
Ninth Amendment which was understood and presumed by the Founders, and which
affords the only judicial remedy for violations of the Constitution by
public officials and agents."
Taitz told WND the "relators" include members of the Army, Air Force,
Marines and Army and feature recipients of some of the highest honors the
nation awards, including the Purple Heart.
One is Harry Riley, a veteran military officer who spent part of his
career in the Pentagon. Riley said the issue is basically over whether
Americans will allow "the trashing" of their Constitution.
"Myself, along with hundreds of thousands of other warriors, have
fought for the U.S. Constitution. The whole issue is one of constitutional
crisis, in my judgment. How can an individual become the commander-in-
or the president of the U.S., with questions regarding his constitutional
qualifications?
"The whole idea is that America cannot allow an individual to serve as
president who isn't qualified. It destroys our Constitution. It's the
bedrock of our nation," he said.
"In the worst case, in the long run, if he continues [to fight
revealing his documentation,
he warned.
"It's simply a matter of producing a $12 birth certificate,
said.
"It's just mindboggling to think an individual who's been sworn in as
the president of the United States would be so small and be such a hypocrite
who would be unwilling to simply show a birth certificate,
Taitz told WND she has assembled a list of about 100 names of people -
so far - who are willing to be plaintiffs in such a demand.
Childers told WND he'd be perfectly happy if Obama is legitimate, but
the truth still matters.
"I personally admire many things about him," he said. "But if he's not
legitimate, if he's allowed to violate the Constitution, what else are they
going to violate? Take my guns, and my television, telephone? What's the
limit?"
Taitz told WND she's asking for the appointment of a special
prosecutor, such as the role Archibald Cox played in investigating
Watergate.
According to author Chester Antieau in his "The Practice of
Extraordinary Remedies," Quo Warranto is one of the oldest rights in common
law.
"The earliest case on record appears in the 9th year of Richard I,
1198," he wrote. "The statute of 9 Anne c. 20 in 1710 authorized a proper
officer of a court, with leave of the court, to exhibit an information in
the nature of quo warranto, at the 'relation' of any person desiring to
prosecute the same - to be called the relator. Early American statutes were
modeled after the Statute of Anne and, indeed, the statute has often been
ruled to be part of the common law we inherited from England."
Antieau noted the Pennsylvania Supreme Court has ruled, "Quo warranto
is addressed to preventing a continued exercise of authority unlawfully
asserted, rather than to correct what has already been done. ..."
Its first recognized purpose, he said, is "to determine the title of
persons claiming possession of public offices and to oust them if they are
found to be usurpers."
Among those who are subject to its demands, under court precedent, are
chief executives in other U.S. governmental positions, including governors
and sheriffs.
As WND has reported on several occasions, none of the so-called
"evidence" of Obama's constitutional eligibility produced thus far is beyond
reasonable doubt nor as iron-clad as simply producing an authentic birth
certificate, something Americans are required to do regularly but the
president still refuses to do.
As Jerome Corsi, WND senior staff writer, explained, "The main reason
doubts persist regarding Obama's birth certificate is this question: If an
original Hawaii-doctor-
certificate exists, why wouldn't the senator and his campaign simply order
the document released and end the controversy?
"That Obama has not ordered Hawaii officials to release the document,"
Corsi writes, "leaves doubts as to whether an authentic Hawaii birth
certificate exists for Obama."
Although Obama officials have told WND all such allegations are
"garbage," here is a partial listing and status update for some of the cases
over Obama's eligibility:
a.. New Jersey attorney Mario Apuzzo has filed a case on behalf of
Charles Kerchner and others alleging Congress didn't properly ascertain that
Obama is qualified to hold the office of president.
b.. Pennsylvania Democrat Philip Berg has three cases pending,
including Berg vs. Obama in the 3rd U.S. Circuit Court of Appeals, a
separate Berg vs. Obama which is under seal at the U.S. District Court level
and Hollister vs. Soetoro a/k/a Obama, brought on behalf of a retired
military member who could be facing recall to active duty by Obama.
c.. Leo Donofrio of New Jersey filed a lawsuit claiming Obama's dual
citizenship disqualified him from serving as president. His case was
considered in conference by the U.S. Supreme Court but denied a full
hearing.
d.. Cort Wrotnowski filed suit against Connecticut'
state, making a similar argument to Donofrio. His case was considered in
conference by the U.S. Supreme Court, but was denied a full hearing.
e.. Former presidential candidate Alan Keyes headlines a list of
people filing a suit in California, in a case handled by the United States
Justice Foundation, that asks the secretary of state to refuse to allow the
state's 55 Electoral College votes to be cast in the 2008 presidential
election until Obama verifies his eligibility to hold the office. The case
is pending, and lawyers are seeking the public's support.
f.. Chicago attorney Andy Martin sought legal action requiring
Hawaii Gov. Linda Lingle to release Obama's vital statistics record. The
case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.
g.. Lt. Col. Donald Sullivan sought a temporary restraining order to
stop the Electoral College vote in North Carolina until Barack Obama's
eligibility could be confirmed, alleging doubt about Obama's citizenship.
His case was denied.
h.. In Ohio, David M. Neal sued to force the secretary of state to
request documents from the Federal Elections Commission, the Democratic
National Committee, the Ohio Democratic Party and Obama to show the
presidential candidate was born in Hawaii. The case was denied.
i.. Also in Ohio, there was the Greenberg v. Brunner case which
ended when the judge threatened to assess all case costs against the
plaintiff.
j.. In Washington state, Steven Marquis sued the secretary of state
seeking a determination on Obama's citizenship. The case was denied.
k.. In Georgia, Rev. Tom Terry asked the state Supreme Court to
authenticate Obama's birth certificate. His request for an injunction
against Georgia's secretary of state was denied by Georgia Superior Court
Judge Jerry W. Baxter.
l.. California attorney Orly Taitz has brought a case, Lightfoot vs.
Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the
ballot with Ron Paul, four electors and two registered voters.
In addition, other cases cited on the RightSideofLife blog as raising
questions about Obama's eligibility include:
a.. In Texas, Darrel Hunter vs. Obama later was dismissed.
b.. In Ohio, Gordon Stamper vs. U.S. later was dismissed.
c.. In Texas, Brockhausen vs. Andrade.
d.. In Washington, L. Charles Cohen vs. Obama.
e.. In Hawaii, Keyes vs. Lingle, dismissed.
Corsi had gone to both Kenya and Hawaii prior to the election to
investigate issues surrounding Obama's birth. But his research and
discoveries only raised more questions, the biggest being why, if there
exists documentation of Obama's eligibility, hasn't it been released to
quell the rumors.
Instead, a series of law firms have been hired on Obama's behalf
around the nation to prevent any public access to his birth certificate,
passport records, college records and other documents.
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Previous stories:
Obama eligibility tops AOL News
California used to check prez candidates' eligibility
Major General says president's eligibility needs proof
Eligibility lawyer argues for president's deportation
2nd U.S. soldier in Iraq challenges eligibility
Soldier questions eligibility, doubts president's authority
Senator questions Obama eligibility Alan Keyes: Stop Obama or U.S.
will cease to exist
Keyes: President 'has something to hide' about eligibility
'Sanctions' sought in eligibility case
State lawmakers: Prove you're president, Mr. Obama
Congress sued to remove prez from White House
More challenges fail in Supreme Court
Supreme Court refuses 2nd challenge to eligibility
Status report: The eligibility issue
Supremes turn down request to stop Electoral vote
Join exploding demand for citizenship documentation
Electors challenged to investigate birth dispute
Last few hours to FedEx Electoral College voters
Supremes turn down request to stop Electoral vote
Eligibility question? FedEx Electoral College members
Not even Supreme Court can kill citizenship dispute
Supreme Court denies citizenship challenge
More than 60,000 letters sent to U.S. Supreme Court
Petition to see the birth certificate
Will Supremes review citizenship arguments?
Imaging guru: 'Certification' of birth time, location is fake
Chasm dividing Americans over birth certificate widens
WND launches new forum on Obama's eligibility
Supremes to review citizenship arguments
'Constitutional crisis' looming over Obama's birth location
Obama camp: Lawsuits by citizens are 'garbage'
Will Supreme Court have say in presidency?
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Bob Unruh is a news editor for WorldNetDaily.
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