Obama's Occidental College Records Subpoena - Obama's lawyers resist.

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Eligibility battle rages on 3 fronts

Court, Congress and college challenged on constitutionality

Posted: January 18, 2009, 12:05 am Eastern

By Bob Unruh

Officials at Occidental College in Los Angeles, Calif., have been served with a demand to produce records concerning Barack Obama's attendance there during the 1980s because they could document whether he was attending as a foreign national – in one of three fronts now established by those contesting the president-elect's constitutional eligibility for the Oval Office.

The Supreme Court and Congress also both are being challenged to address the worries that Obama doesn't meet the requirements of the U.S. Constitution that the president be a "natural born" citizen.

WND has reported on a long list of legal cases raising questions over the issue, and several of those have reached the U.S. Supreme Court already. Justices have so far declined to give any of the cases full hearings on their merits, but another conference remains on the Supreme Court docket for Jan. 23 on the issue.

"If Obama is sworn in as president, we will file a Petition for Writ of 'Quo Warranto,' a case that will challenge Obama as being ineligible to serve as president because he is 'not qualified,'" said Philip J. Berg, a lawyer who has brought several cases to court. Berg, whose information is on his ObamaCrimes.com website, indicated the issue isn't going away.

Orly Taitz, a California lawyer whose dispute remains pending before the high court, agreed, noting that one of the hearings already is scheduled for the days following Obama's inaugural on Tuesday.

Taitz said her arguments rest on precedents from both the California Supreme Court, which years ago removed a candidate for president from the ballot because he was only 34, and the U.S. Supreme Court's affirmation of that ruling. The Constitution requires a president to be 35.

In one of the latest developments, Gary Kreep of the United States Justice Foundation petitioned Occidental College with a demand for its records concerning Obama.

"The gravamen of the petition is the question as to whether United States Senator Barack Hussein Obama, of Illinois, is eligible to serve as president of the United States pursuant to the requirements for that office in the Untied States Constitution," he wrote. "The records sought may provide documentary evidence, and/or admissions by said defendant, as to said eligibility or lack thereof."

College officials confirmed they had gotten the notice, but had not decided how to respond, a decision that may be removed from their hands because of the team of lawyers Obama has engaged to prevent such inquiries into his past.

"Senator Obama has filed responsive pleadings in this matter and is represented by counsel, and has the opportunity to object to this production, should he so desire," the affidavit from Kreep said.

"Good cause exists for this production under Subpoena Duces Tecum, in that testimony will be elicited from the original records obtained through the witness named herein, and there is no other process available to secure said testimony," he wrote.

The lawsuits allege in various ways Obama does not meet the "natural born citizen" clause of the U.S. Constitution, Article 2, Section 1, which reads, "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 allege his birth took place in Kenya, and his mother was a minor at the time of his birth – too young to confer American citizenship. They argue Obama's father, Barack Obama Sr., was a Kenyan citizen subject to the jurisdiction of the United Kingdom at the time and would have handed down British citizenship.

There also are questions raised about Obama's move to Indonesia when he was a child and his attendance at school there when only Indonesian citizens were allowed and his travel to Pakistan in the '80s when such travel was forbidden to American citizens.

The lawsuit on which USJF is working was filed on behalf of presidential candidate Alan Keyes and others, and describes the potential damage an ineligible president could create.

"Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void," argues a case brought on behalf of Ambassador Alan Keyes, also a presidential candidate. "Americans will suffer irreparable harm in that (a) usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal."

On his ObamaCrimes.com website, Berg sent his message directly to the U.S. Congress.

He's asking in an open letter to members of Congress for congressional hearings "to determine the truth regarding qualifications of Barry Soetoro, otherwise known as Barack Hussein Obama…"

"As you must be aware, there are many unresolved questions concerning Soetoro/Obama's status or lack thereof, as a 'natural born' American citizen, as required by 'our' U.S. Constitution," he wrote.

He noted the failure by Congress to challenge Obama's eligibility during the process through which the Electoral College vote was adopted.

"Because of your failure to 'question' the eligibility of Soetoro/Obama, we are headed for a 'Constitutional Crisis.' Yes, a 'Constitutional Crisis' because Soetoro/Obama who appears not to be a 'natural born' U.S. citizen is 'ineligible' under 'our' U.S. Constitution to serve as president," he said.

He cited the document published on the Interent by Obama's campaign, the "Certification of Live Birth," as no more than an effort to "quash" questions. Other critics have noted the state of Hawaii granted such certifications to parents of children not born in the state at the time.

"Without truthful information concerning Soetoro/Obama's eligibility to serve as President, 'We the People' have been injured," he wrote.

Taitz took a different route, submitting to the U.S. Supreme Court a motion "to declare that by default, the president elect respondent Barack Obama has failed to qualify under [the] U.S. Constitution."

"Does the burden of proof lie with the petitioner to prove standing and evidence lack of qualification by a candidate/president elect, where election officers rely on a candidate's declaration? OR does the [Constitution] place the burden of proof on the president-elect to provide objective government certified witnessed proofs, with election officers under oath to challenge, examine and declare that the president elect has or has not qualified, enforceable by petition for redress of grievances?"

Not only has the respondent, Obama, "failed to submit proofs … for any of the qualifications," she wrote. "Respondent has hindered discovery."

She argued that having Obama declared ineligible until he would provide documentation would "cause far less political trauma" than allowing his inauguration because it would uphold the constitution.

She also raised the issue of the concealment of Obama's records.

"Obama has refused to submit certified copies of any of his original long form 'vault' birth certificates in Hawaii to any public officer or to any Petitioner. Relevant records in Kenya have also been officially restricted," she said. "Obama has sealed all educational records which might reveal his stated citizenship. These include Punahou High School, Occidental College, Columbia University, and Harvard Law School."

Her letter included a warning, too.

"Thirty-three democracies descended into tyranny during the 20th century by failing to uphold constitutional protections," she said. "Petitioner humbly prays this Court evaluate the Petitioner's case in context of how best to enforce restrictive qualifications for president to preserve the Constitution and Republic from tyranny."

WND twice has organized opportunities for readers to send FedEx letters to the Supreme Court, asking for consideration of the issue on its merits.

The most recent campaign generated 12,096 messages, following the earlier effort that resulted in 60,128 letters.

Obama has claimed in his autobiography and elsewhere that he was born in Hawaii in 1961 to parents Barack Hussein Obama Sr., a Kenyan national, and Stanley Ann Dunham, a minor. But details about which hospital handled the birth and other details provided on the complete birth certificate have been withheld by Obama despite lawsuits and public demands for release.

WND senior reporter Jerome Corsi went 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 question was why, if a Hawaii birth certificate exists as his campaign has stated, Obama hasn't simply ordered it made available to settle the rumors.

The governor's office in Hawaii said there is a valid certificate but rejected requests for access and left ambiguous its origin: Does the certificate on file with the Department of Health indicate a Hawaii birth or was it generated after the Obama family registered a Kenyan birth in Hawaii?