Posted on 01/18/2011 1:20:48 PM PST by rxsid
"Strunk v Paterson (Obama): First time in the USA since 1824; Judge has opined on what Natural Born citizen is; Concludes Obama is not a NBC.
Via Chris Strunk; The first time anywhere in the USA since 1824, that any Judge has opined on what Natural Born citizen is and concluding that BHO Jr. is not NBC.
This affidavit will be notarized tomorrow and duly served by two days mail upon Justice Schmidt and the State in regards to the appearance on a personal and confidential basis with the intent that Plaintiffs understanding of the record of the hearing be entered into the court record enabling further action by Plaintiff when the Order shown as Exhibit C is entered and forwarded by the State to Plaintiff.
That I am producing a duplicate for Dr. Orly Taitz Esq. so that she may forward it to the SCOTUS in her action presently there. -snip-
From the affidavit;
1. This is the AFFIDAVIT OF Christopher-Earl: Strunk in esse, Witness at the January 11, 2011 Hearing on the Notice of Motion for Amended Complaint in Strunk v Paterson et al. New York State Supreme Court of Kings County Index No.: 29642-08 before the Honorable Supreme Court Justice David I. Schmidt with the appearance of Joan Duffy, Esq. Supervising Assistant Attorney General for the New York Attorney General’s Office and Joel Graber, Esq. Special Assistant Attorney General representing the State of New York as a party-in-interest opposing the Motion to Amend the Complaint."
2. After the Court called those in attendance including several law clerks and the audience to order, the Honorable Justice Schmidt questioned Plaintiff as to the subject request for relief to amend the complaint and status of the underlying complaint without there being a recording or transcript of the proceeding.
3. As to the proposed amended complaint, the Court asked whether Plaintiff expects the Court to remove Barack Hussein Obama from office; to wit Plaintiff responded “NO” as that remains a Federal matter. Plaintiff seeks a declaratory judgment as to breach of fiduciary duty by the Defendants failure to provide equal treatment and protection of Plaintiff along with those similarly situated in regards to the certification of the Presidential / Vice Presidential candidates ballot access at the 2008 Election cycle; and as well as plaintiff seeks further discovery as to the scheme to defraud and unjust enrichment.
4. That Plaintiff stated the NYS Board of Elections never responded to the request for documentation of the various certifications of ballot access for the various Presidential and Vice Presidential candidates; and as previously expressed to the Court Plaintiff had filed in Washington DC a FOIA case 08-cv-2234 for the travel records of Stanley Ann Dunham germane herein with a motion for summary judgment decision pending before Judge Richard J. Leon.
5. The Court asked if Plaintiff is seeking to obtain a copy of Barack Hussein Obama Jr.’s (BHO Jr.) Certified Birth record herein; to wit Plaintiff responded "NO". Plaintiff seeks a decision by the Court as to whether or not the Candidate(s) are eligible for Office of President of the United States (POTUS) as required with the United States Constitution Article 2 Section 1 Clause 5 as required as a regulation by the New York State Board of Elections including inter alias based upon the Certificate of Live Birth published August 21, 2008 by Annenberg Political Fact Check at FactCheck.org http://www.factcheck.org/elections-2008/born_in_the_usa.html (see Exhibit A); and that as a prima facie matter Plaintiff seeks a Court decision herein as to whether or not Obama in fact has Dual Allegiance, is not a Natural Born Citizen per se but merely a Native-Born citizen if that; because BHO Jr.’s father, BHO Sr., is a British subject with a student visa at that time, and is shown to be the purported father of BHO Jr. by both the newspaper announcement and the COLB shown by Fact Check.org; and therefore, at best BHO Jr. is only a "Native" born citizen, if that, with only one U.S. Citizen parent mother as a minor at his birth, and that without two U.S. Citizen parents - BHO Jr. is NOT a "Natural" born citizen at best is “Native” born.
6. The Court asked to know Plaintiff's understanding of the difference between "Native" and "Natural" born citizen, to wit Plaintiff explained on a blood and soil basis as of the Law of Nations as related to the 1961, 1963 and 1969 Vienna Convention Treaty matters as to citizenship status as with the children of diplomats and tourists who were not certified admitted by the U.S. Customs Service; and
7. Plaintiff provided the Court with a copy of the SCOTUS decision in McCreery's Lessee v Somerville 22 US 354 (1824) (see Exhibit B), and
8. That the Court responded favorably to Plaintiff’s argument and contention expressing familiarity with the difference between the Natural and Native born, as there is within Jewish law similar precedent and commented that the Court agreed there is a difference and would read the SCOTUS decision Plaintiff provided....
Full affidavit embedded below.
From: http://obamareleaseyourrecords.blogspot.com/2011/01/strunk-v-paterson-obama-first-time-in.html
If only this startling fact of his Father's nationality were known before the election, perhaps this tragedy could have been avoided.
This denial appears to be one where the defendants motioned for an order to show cause. The Judge denied the motion. Therefore the judge believes there is cause for the case to proceed.
I think thats correct. Any Lawyers admitted to the NY Bar please chime in!
His nominations would be illegal. In fact, if this case reaches SCOTUS the two appointees in question would have to recuse themselves.
Of course you are correct! It is about that too, but to date SCOTUS has not defended the constitution. Getting the bastard out of the White House might have to wait until he drops his bid for the DNC nomination. If NOTHING else, the cretin should not be ALLOWED to run in 2012. Worse case scenario, sure.
It WAS known, we were screaming about it back in 08 for real. NO ONE LISTENED TO US! Just called us birthers and dismissed the validity of the claim.
Sure thing. Done.
OK, where in the Constitution are courts given the power to remove a President from office?
How did Obama conceal his father's nationality so well, and how was it eventually found out?
That's from the article title.
It's their conclusion based on the information in the affidavit, in part...
8. That the Court responded favorably to Plaintiff’s argument and contention expressing familiarity with the difference between the Natural and Native born, as there is within Jewish law similar precedent and commented that the Court agreed there is a difference and would read the SCOTUS decision Plaintiff provided...
Which was in "response" to...
5...Plaintiff seeks a Court decision herein as to whether or not Obama in fact has Dual Allegiance, is not a Natural Born Citizen per se but merely a Native-Born citizen if that; because BHO Jr.’s father, BHO Sr., is a British subject with a student visa at that time, and is shown to be the purported father of BHO Jr. by both the newspaper announcement and the COLB shown by Fact Check.org; and therefore, at best BHO Jr. is only a "Native" born citizen, if that, with only one U.S. Citizen parent mother as a minor at his birth, and that without two U.S. Citizen parents - BHO Jr. is NOT a "Natural" born citizen at best is “Native” born.
6. The Court asked to know Plaintiff's understanding of the difference between "Native" and "Natural" born citizen, to wit Plaintiff explained on a blood and soil basis as of the Law of Nations as related to the 1961, 1963 and 1969 Vienna Convention Treaty matters as to citizenship status as with the children of diplomats and tourists who were not certified admitted by the U.S. Customs Service; and
7. Plaintiff provided the Court with a copy of the SCOTUS decision in McCreery's Lessee v Somerville 22 US 354 (1824) (see Exhibit B),
16. That the Court found that there were so many procedural questions that would otherwise end up in Appellate Court anyway in that the best way to expedite the matter of importance requires Plaintiff to proceed as quickly as possible and therefore entered an order (see Exhibit C):"The motion for leave having come on to be heard, and the Court having heard plaintiff in support thereof, and the Attorney General's Office in opposition there to, NOW, it is hereby ORDERED, that the motion is denied in entirety."
Bump for later read. Headline looks good. :-)
I can not defend a strawman of your creation. Sorry! Can't do it.
Very inteesting news.
Very inteesting news.
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Does Barack Obama have Kenyan citizenship?
The Rocky Mountain News has reported (below) that Barack Obama "Holds both American and Kenyan (since 1963) citizenship." Is this true? The Rocky Mountain News
August 6, 2008 Entered Harvard Law School in 1988, was elected the first African–American editor of the Harvard Law Review. He graduated magna cum laude in 1991. Won two Grammys for Best Spoken Word Albums for an autobiography in 1995 “Dreams From My Father: A Story of Race and Inheritance” and his second book, “The Audacity of Hope: Thoughts on Reclaiming the American Dream,” published in October 2006. Mother Ann Dunham died of ovarian cancer in 1995. Father Barack Obama Sr. was killed in a car wreck in 1982. Spent four years in his stepfather’s native country of Indonesia. Is the fifth African-American senator in U.S. history Is the first presidential candidate to come from Hawaii. Favorite movies: “The Godfather” (Parts I and II) and “Lawrence of Arabia.” In his early years he was known as Barry. According to his memoirs, he admitted using alcohol, marijuana and cocaine in his youth. His first name comes from the word that means “blessed by God” in Arabic. At his wife’s suggestion, he quit smoking before his campaign to win the Democratic nomination began. Holds both American and Kenyan (since 1963) citizenship. Named one of Time magazine’s “100 most influential people in the world” list in 2005 and 2007. Chosen as one of “10 people would change the world” by New Statesman magazine (2005). Source: biography.com , Internet Movie Database, Atlanta Journal Constitution No. He held both U.S. and Kenyan citizenship as a child, but lost his Kenyan citizenship automatically on his 23rd birthday. The Rocky Mountain News did in fact run an online article asserting that Barack Obama holds both American and Kenyan citizenship. The article was incorrect, and the paper removed the item from the article and ran a correction. The paper's editor, John Temple, formally apologized for the error in an Aug. 15, 2007, column. Neither the correction nor the apology has prevented the column from circulating across the Internet as part of the latest set of baseless rumors that Obama is ineligible to run for president. 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 and Colonies (or the UKC) by virtue of being born to a father who was a citizen of the UKC. 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... As a citizen of the UKC who was born in Kenya, Obama's father automatically received Kenyan citizenship via subsection (1). So given that Obama qualified for citizen of the UKC status at birth and given that Obama's father became a Kenyan citizen via subsection (1), it follows that Obama did in fact have Kenyan citizenship after 1963. So The Rocky Mountain News was at least partially correct. Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1984. |
Rocky Mountain News Staff. "Things You Might Not Know About Barack Obama." 6 August 2007. The Rocky Mountain News. 24 August 2008.
Temple, John. "8-word Gaffe Ripples Across Web." 15 August 2007. The Rocky Mountain News. 24 August 2008.
The British Nationality Act, 1948. 1948. 24 August 2008.
"The Constitution of Kenya." 1963 (revised, 2001). The Parliament of Kenya. 24 August 2008.
 In this article, it is admitted that Obama was born under the British Nationality Act. This means he was born BRITISH, a dual citizen at best, and you cannot be of divided loyalties (citizenship) and be a Natural Born Citizen. |
They don't.
And that clearly not what many of these challenges are "asking" for.
They do, however, have the "power" to make a determination as to what the Constitutional requirement for POTUS, "Natural Born Citizen", means (i.e. what the framers intent was)...and therefore who may be considered a NBC for POTUS eligibility.
If they determine that someone born with foreign allegiance owed is not eligible, then it would be up to someone else to "remove" him (presumably law enforcement since impeachment doesn't apply to usurpers) if he didn't remove himself voluntarily.
I bet not even Fox will touch this story.
Further, by putting it out in the open they tried to diffuse the situation in essence saying that ‘if we published this fact, then of course it doesn’t matter..... there isn’t anything to see move along’.
Um hum. They were relying in the ignorance of the American public with regard to citizenship issues, and a general lack of knowledge and familiarity with what a Natural Born Citizen is.
Most Americans aren’t willing to do the reading required to figure out that the man is an usurper. Many knew it long before the election, but again, no one wanted to listen, the ONE had arrived etc ad nausem.
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