Lawsuit contends Congress failed to qualify Democrat for Oval Office

http://www.worldnetdaily.com/index.php?pageId=88566


Wednesday, February 11, 2009



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WorldNetDaily Exclusive
Eligibility issue: McCain
checked but not Obama
Lawsuit contends Congress failed
to qualify Democrat for Oval Office

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Posted: February 10, 2009
9:09 pm Eastern



By Bob Unruh



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WorldNetDaily

A lawsuit that accuses Congress of failing to investigate President Obama's birthplace before approving the Electoral College vote giving him the presidency has been amended to include additional claims of rights violations, including unequal treatment, because Congress did such an investigation into GOP candidate Sen. John McCain.

That word comes from Mario Apuzzo, the lawyer handling the case on which WND previously has reported.

The case raises many of the same arguments as dozens of other cases that have flooded into courtrooms around the nation since the November election.

The case was brought by Apuzzo on behalf of Charles F. Kerchner Jr., Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelson Jr. It names as defendants Barack Hussein Obama II, the U.S., Congress, the Senate, House of Representatives and former Vice President Dick Cheney along with House Speaker Nancy Pelosi.

(Story continues below)


Apuzzo told WND that Congress last year raised the issue of whether McCain was a "natural born" citizen, a requirement set out in the U.S. Constitution for the president, because of his birth to U.S. citizens in the Panama Canal Zone.

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 235,000 others and sign up now!

According to a report in the Washington Post, the Senate unanimously declared McCain to be a "natural born" citizen, meeting the demand of Article 2 of the Constitution, which states, "no person except a natural born citizen … shall be eligible to the office of president."

The report, however, pointed out that such a statement was opinion only, and the constitutional question actually isn't so simple. It quoted Catholic University associate law professor Sarah Duggin saying the document is ambiguous.

"Ultimately there has never been any real resolution of this issue. Congress cannot legislatively change the meaning of the Constitution," she told the newspaper, saying a constitutional amendment or a U.S. Supreme Court ruling would be the way to reach a determination.

However, even though his clients wrote to Congress requesting a similar review of Obama's birthplace, they were refused.

"The question is: Why do you do it for McCain, but not Obama," Apuzzo told WND.

More specifically, those who doubted McCain's eligibility had an opportunity for a review but not those who doubt Obama.

That violates a liberty right for his clients, he said, because as members of a republic, they have a right to know that their president is legitimate.

"What I'm arguing is that Congress and President Obama have violated my clients' due process under Article 5 [of the U.S. Constitution]," Apuzzo said.

Already; Congress held a responsibility to make certain Obama is qualified for the post, he alleges. And the public outcry, evidenced by the dozens of lawsuits over the issue, should have prompted due diligence on the part of members of Congress, he said.

Obama, meanwhile, has refused to hand over "sufficient documents" to verify his "natural born" status, Apuzzo said.

"We're not a monarchy," Apuzzo said, "People have a right to know."

He said his case in U.S. District Court in New Jersey is at the point where the court notices about the case are being distributed.

He said the fact Obama already has been inaugurated changes nothing in his case.

"Before that, everything really was premature," he said. "He has a right to run for office. But when you down to the nitty gritty, he still has to qualify for the position."

He said the Constitution specifically raises the scenario of a president who has been chosen for office but has failed to qualify.

"Even though you ran, everybody loves you, you still have got to qualify under the Constitution," Apuzzo said.

Further, the lawsuit explains, not only are there legitimate questions about Obama's birth, and therefore eligibility, he might not even be a U.S. citizen at all.

"There exists a possibility that Obama could be an illegal alien," the lawsuit said. "Obama has yet to adequately prove that he was born in the United States. [Further], Obama has publicly conceded that his father was born in Kenya and a British subject/citizen at the time of Obama's birth which precluded Obama from gaining any U.S. citizenship from his father."

The lawsuits over Obama's eligibility, in various ways, have alleged 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 of the legal challenges have alleged Obama was not born in Hawaii, as he insists, but in Kenya. 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.

Several details of Obama's past have added twists to the question of his eligibility and citizenship, including his family's move to Indonesia when he was a child and on what nation's passport he traveled to Pakistan in the '80s, as well as conflicting reports from Obama's family about his place of birth.

Apuzzo told WND the biggest reason to investigate further is the fact that Obama has refused to allow public release of a signed "vault" copy of his original birth certificate.

Several of the legal cases – including those brought by Orly Taitz, Cort Wrotnowski, Leo Donofrio and Philip Berg, already have been discussed in conference at the U.S. Supreme Court, which has failed to have a hearing on any of the merits involved.

Taitz, in fact, is requesting information from the Supreme Court about a meeting eight of its justices held with Obama, a defendant in her case, before the justices reviewed the issues of the case in a private conference.

Several of the cases still remain active at lower court levels, from which emergency requests to the high court were launched.

"I know that Mr. Obama is not a constitutionally qualified natural born citizen and is ineligible to assume the office of president of the United States," Berg said in a statement on his ObamaCrimes.com website.

"Obama knows he is not 'natural born' as he knows where he was born and he knows he was adopted in Indonesia; Obama is an attorney, Harvard Law grad who taught Constitutional law; Obama knows his candidacy is the largest 'hoax' attempted on the citizens of the United States in over 200 years; Obama places our Constitution in a 'crisis' situation; and Obama is in a situation where he can be blackmailed by leaders around the world who know Obama is not qualified," Berg's statement continued.

While Obama's campaign team called the cases garbage, here is a partial listing and status update for several of the cases:

Philip J. Berg, a Pennsylvania Democrat, demanded that the courts verify Obama's original birth certificate and other documents proving his American citizenship. Berg's latest appeal, requesting an injunction to stop the Electoral College from selecting the 44th president, was denied.


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.

Cort Wrotnowski filed suit against Connecticut's secretary of 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.

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.

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.


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.


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.


In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama's citizenship. The case was denied.


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.

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:

In Texas, Darrel Hunter vs. Obama later was dismissed.


In Ohio, Gordon Stamper vs. U.S. later was dismissed.


In Texas, Brockhausen vs. Andrade.


In Washington, L. Charles vs. Obama.


In Hawaii, Keyes vs. Lingle, dismissed.
WND senior reporter Jerome 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 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?