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Report: Obama Eligibility Challenge Reaches United States Supreme Court
Birther Report
1/28/2014
Excerpt:
Obama Eligibility Challenge Reaches United States Supreme Court
REPEATING A LIE “DOESN’T MAKE IT TRUTHFUL”
By Sharon Rondeau | The Post & Email
(Jan. 28, 2014) — A petition for certiorari regarding Barack Hussein Obama’s constitutional eligibility to serve as president and commander-in-chief arrived at the U.S. Supreme Court and was docketed as of January 23, 2014 after a long and circuitous routing through the New York State courts.
Obama’s eligibility has been questioned since late 2007, when commentator Chris Matthews stated on air that Obama was “born in Indonesia,” followed by a similar report in a Hawaii newspaper. Various reports in African newspapers dating back to before Obama’s first presidential election in 2008 stated that Obama was born in Kenya.
Article II, Section 1, clause 5 of the U.S. Constitution requires the president and commander-in-chief to be a “natural born Citizen.”
Compounding doubt as to whether or not Obama meets the constitutional criteria, he claims that his father was a citizen of Kenya and later, Great Britain, following Kenyan independence in 1963. Research into the intent of the “natural born Citizen” clause has shown that the citizenship of the parents, and not the birthplace, was actually paramount in determining a child’s citizenship and allegiance. In the modern era, however, the term has been eviscerated such that most Americans interpret it to mean a simple birth on U.S. soil without regard to the parents’ citizenship.
Obama claims a birth in Hawaii, but the two birth certificates he has allegedly presented to the public were declared “computer-generated forgeries” in 2012 by a criminal investigatory team. His Selective Service registration form, likewise, was found fraudulent.
Neither the courts nor Congress have been willing to examine the issue of whether or not Obama is usurping the office of the presidency.
Laity’s current case, Laity v. New York, began in December 2011 with a ballot challenge filed by Robert Christopher Laity with the New York State Board of Elections which Laity said became a “hot potato” that the courts “didn’t want to handle.”
A 100% disabled U.S. Navy veteran, Laity is the founder of the “Society for the Preservation of Democracy and Human Rights.” He told The Post & Email that “recently, it was changed to the ‘Society for the Preservation of our American Republic’ on the suggestion that he more accurately illustrates the mission of the organization.”
Laity has extensive legal training and has served as a legal advocate for others. Because of his disability, he performs virtually all of his work on his home computer. He wrote the eligibility challenge, which consists of 27 pages, without any assistance. Although he said that the actual writing of the brief took “a few hours,” he later clarified that it “was actually the end result of five years of writing on the subject.”
Before filing his current case, Laity took part in the American Grand Jury organized by Bob Campbell in 2009 and attempted to file a criminal complaint against Obama with a local magistrate, Leslie Foschio. “We were to give the presentments to our local officials, so I presented them to all three major networks in the area, and they all interviewed me, but not one of them put me on TV” Laity said. “I gave copies to my mayors, to the Supreme Court, and to all the U.S. District Court judges and magistrates. I sent letters out asking to swear out a criminal complaint against Obama, and it was Judge Foschio who told me – I went up to his chambers and spoke to his judicial assistant while he was in the other room and she went in and talked to him – ‘The first thing you have to do is notify your law enforcement about this complaint.’ I went to the FBI, and they said ‘We don’t take criminal complaints; we only investigate them.’ They gave me a number to call, and it was for the Secret Service. And they said, ‘We’ve talked to you about this before,’ and I said, ‘No, you haven’t.’ So I filed a local police report with my town police, and they gave me a complaint number. The chief of police told me that they were down there talking to them about me, not about my complaint…’What kind of guy is this? Do you have any trouble with him?’ The police told me that federal agents were in their precinct, and they did refer it to the FBI, and that was in 2010.”
Laity had charged Obama with treason and ineligibility to be president. “That was what Judge Foschio told me to do,” Laity said. He also filed the complaint with the U.S. Attorney for the Western District of New York but was told that they couldn’t accept it. “The complaint had to be generated by them,” Laity said. “Prior to 1946 and the revised Rules of Criminal Procedure, we had citizen grand juries, which are a constitutional right. Those juries go all the way back to the Magna Carta…and some ‘rulemaker’ says they’re ‘obsolete…?’ That right does exist; it’s never gone away. It just has to be dusted off and used.”
The Post & Email has reported extensively on prosecutors and judges’ denial of access to citizens to current sitting federal grand juries. Local grand juries are often corrupt and completely controlled by the judiciary. The National Liberty Alliance, now active in 50 states, is attempting to reconstitute citizen control of courts and grand juries.
When Mr. Laity was seven years old, he and his older sister skipped school to hear John F. Kennedy, then a presidential candidate, speak in his home town of Wilkes-Barre, PA. “I remember that we had a gazebo in the town square, and he was speaking from there. This was back in 1959. I climbed up onto the gazebo, on the speakers, to get a better look at him, and two guys grabbed me, one on each arm…’Get down form there, kid!’ and I still remember that to this day. So I guess I was a political activist even then,” Laity chuckled.
The Post & Email asked Laity the origins of his case and why he filed it, to which he responded:
THE POST & EMAIL: On the same grounds?
MR. LAITY: Yes, that he’s not a natural born Citizen. So after the three days were up – it’s only a small window that you have to crawl through when you file a challenge – they came and notified me that I didn’t file the complaint properly. It had to be in writing. So I said, “I made a complaint in writing; I filed it in December and I reconfirmed it in February by email.” So they ended up eventually telling me that it wasn’t filed properly; it was filed in the wrong venue; I didn’t serve Obama, because I’m supposed to make service on Obama if I’m challenging him, and so forth and so on.
Well, I did make a formal complaint, and I did serve Obama; I sent a letter to Eric Holder, who is the person who accepts formal service on anything sent to Obama. So I appealed to the New York Court of Claims, and they ended up telling me that I was seeking more than monetary damages; I was seeking action by the court which it had no jurisdiction to effect. While I was in the Court of Claims, I realized I was told I was in the wrong court, so I asked them to transfer the case to the Supreme Court, which, believe it or not, is the lower level in New York, not the highest level; they’re at the first tier. The second tier is the appellate division, and the third tier is the Court of Appeals.
So within the 90 days that I had to appeal the Board of Elections ruling, I asked the court to transfer the case to the Supreme Court because I had found out that it was in the wrong court. What they did is tell me they didn’t have the authority to transfer it, so I filed the same case myself. The state then came back and said, “We don’t have any defense briefs in this case,” and I was wondering, “Why wouldn’t they want to answer the charge?” Usually when you’re sued by somebody, you make an answer to it; you make some sort of affirmative defense, and they didn’t even want to. So I never got to present any evidence before the Supreme Court just dismissed the case out-of-hand.
..............................................
View the complete Birther Report presentation at:
http://www.birtherreport.com/2014/01...challenge.html
Birther Report
1/28/2014
Excerpt:
Obama Eligibility Challenge Reaches United States Supreme Court
REPEATING A LIE “DOESN’T MAKE IT TRUTHFUL”
By Sharon Rondeau | The Post & Email
(Jan. 28, 2014) — A petition for certiorari regarding Barack Hussein Obama’s constitutional eligibility to serve as president and commander-in-chief arrived at the U.S. Supreme Court and was docketed as of January 23, 2014 after a long and circuitous routing through the New York State courts.
Obama’s eligibility has been questioned since late 2007, when commentator Chris Matthews stated on air that Obama was “born in Indonesia,” followed by a similar report in a Hawaii newspaper. Various reports in African newspapers dating back to before Obama’s first presidential election in 2008 stated that Obama was born in Kenya.
Article II, Section 1, clause 5 of the U.S. Constitution requires the president and commander-in-chief to be a “natural born Citizen.”
Compounding doubt as to whether or not Obama meets the constitutional criteria, he claims that his father was a citizen of Kenya and later, Great Britain, following Kenyan independence in 1963. Research into the intent of the “natural born Citizen” clause has shown that the citizenship of the parents, and not the birthplace, was actually paramount in determining a child’s citizenship and allegiance. In the modern era, however, the term has been eviscerated such that most Americans interpret it to mean a simple birth on U.S. soil without regard to the parents’ citizenship.
Obama claims a birth in Hawaii, but the two birth certificates he has allegedly presented to the public were declared “computer-generated forgeries” in 2012 by a criminal investigatory team. His Selective Service registration form, likewise, was found fraudulent.
Neither the courts nor Congress have been willing to examine the issue of whether or not Obama is usurping the office of the presidency.
Laity’s current case, Laity v. New York, began in December 2011 with a ballot challenge filed by Robert Christopher Laity with the New York State Board of Elections which Laity said became a “hot potato” that the courts “didn’t want to handle.”
A 100% disabled U.S. Navy veteran, Laity is the founder of the “Society for the Preservation of Democracy and Human Rights.” He told The Post & Email that “recently, it was changed to the ‘Society for the Preservation of our American Republic’ on the suggestion that he more accurately illustrates the mission of the organization.”
Laity has extensive legal training and has served as a legal advocate for others. Because of his disability, he performs virtually all of his work on his home computer. He wrote the eligibility challenge, which consists of 27 pages, without any assistance. Although he said that the actual writing of the brief took “a few hours,” he later clarified that it “was actually the end result of five years of writing on the subject.”
Before filing his current case, Laity took part in the American Grand Jury organized by Bob Campbell in 2009 and attempted to file a criminal complaint against Obama with a local magistrate, Leslie Foschio. “We were to give the presentments to our local officials, so I presented them to all three major networks in the area, and they all interviewed me, but not one of them put me on TV” Laity said. “I gave copies to my mayors, to the Supreme Court, and to all the U.S. District Court judges and magistrates. I sent letters out asking to swear out a criminal complaint against Obama, and it was Judge Foschio who told me – I went up to his chambers and spoke to his judicial assistant while he was in the other room and she went in and talked to him – ‘The first thing you have to do is notify your law enforcement about this complaint.’ I went to the FBI, and they said ‘We don’t take criminal complaints; we only investigate them.’ They gave me a number to call, and it was for the Secret Service. And they said, ‘We’ve talked to you about this before,’ and I said, ‘No, you haven’t.’ So I filed a local police report with my town police, and they gave me a complaint number. The chief of police told me that they were down there talking to them about me, not about my complaint…’What kind of guy is this? Do you have any trouble with him?’ The police told me that federal agents were in their precinct, and they did refer it to the FBI, and that was in 2010.”
Laity had charged Obama with treason and ineligibility to be president. “That was what Judge Foschio told me to do,” Laity said. He also filed the complaint with the U.S. Attorney for the Western District of New York but was told that they couldn’t accept it. “The complaint had to be generated by them,” Laity said. “Prior to 1946 and the revised Rules of Criminal Procedure, we had citizen grand juries, which are a constitutional right. Those juries go all the way back to the Magna Carta…and some ‘rulemaker’ says they’re ‘obsolete…?’ That right does exist; it’s never gone away. It just has to be dusted off and used.”
The Post & Email has reported extensively on prosecutors and judges’ denial of access to citizens to current sitting federal grand juries. Local grand juries are often corrupt and completely controlled by the judiciary. The National Liberty Alliance, now active in 50 states, is attempting to reconstitute citizen control of courts and grand juries.
When Mr. Laity was seven years old, he and his older sister skipped school to hear John F. Kennedy, then a presidential candidate, speak in his home town of Wilkes-Barre, PA. “I remember that we had a gazebo in the town square, and he was speaking from there. This was back in 1959. I climbed up onto the gazebo, on the speakers, to get a better look at him, and two guys grabbed me, one on each arm…’Get down form there, kid!’ and I still remember that to this day. So I guess I was a political activist even then,” Laity chuckled.
The Post & Email asked Laity the origins of his case and why he filed it, to which he responded:
I was reading all of the information about Obama’s not qualified to be president because he’s not a natural born citizen, etc., I had actually at one time considered voting for him, but then I heard a lot of talk about his not being qualified. So I saw “Obama Ballot Challenge” (now defunct) and read a few articles there, and I said to myself, “They’re right; this guy isn’t qualified.” So I filed a ballot challenge with the New York State Board of Elections in Albany in December 2011. I thought, “Well, that is a town record now, and I don’t have to worry about it.” Their rule is that you have to wait until the person is actually placed on the ballot before it can be challenged. So in February 2012, Obama’s name showed up on the ballot, and I immediately sent an email to the Board of Elections, reminding them of the letter I sent by certified mail in December 2011.
I thought that constituted the filing of my challenge. For the next several weeks, I was on the phone back and forth with the Election Board, and they were telling me that my challenge was in the general counsel’s office, and if it gets registered, something will be done about it. There were maybe five or six other people who challenged Obama in New York.
I thought that constituted the filing of my challenge. For the next several weeks, I was on the phone back and forth with the Election Board, and they were telling me that my challenge was in the general counsel’s office, and if it gets registered, something will be done about it. There were maybe five or six other people who challenged Obama in New York.
THE POST & EMAIL: On the same grounds?
MR. LAITY: Yes, that he’s not a natural born Citizen. So after the three days were up – it’s only a small window that you have to crawl through when you file a challenge – they came and notified me that I didn’t file the complaint properly. It had to be in writing. So I said, “I made a complaint in writing; I filed it in December and I reconfirmed it in February by email.” So they ended up eventually telling me that it wasn’t filed properly; it was filed in the wrong venue; I didn’t serve Obama, because I’m supposed to make service on Obama if I’m challenging him, and so forth and so on.
Well, I did make a formal complaint, and I did serve Obama; I sent a letter to Eric Holder, who is the person who accepts formal service on anything sent to Obama. So I appealed to the New York Court of Claims, and they ended up telling me that I was seeking more than monetary damages; I was seeking action by the court which it had no jurisdiction to effect. While I was in the Court of Claims, I realized I was told I was in the wrong court, so I asked them to transfer the case to the Supreme Court, which, believe it or not, is the lower level in New York, not the highest level; they’re at the first tier. The second tier is the appellate division, and the third tier is the Court of Appeals.
So within the 90 days that I had to appeal the Board of Elections ruling, I asked the court to transfer the case to the Supreme Court because I had found out that it was in the wrong court. What they did is tell me they didn’t have the authority to transfer it, so I filed the same case myself. The state then came back and said, “We don’t have any defense briefs in this case,” and I was wondering, “Why wouldn’t they want to answer the charge?” Usually when you’re sued by somebody, you make an answer to it; you make some sort of affirmative defense, and they didn’t even want to. So I never got to present any evidence before the Supreme Court just dismissed the case out-of-hand.
..............................................
View the complete Birther Report presentation at:
http://www.birtherreport.com/2014/01...challenge.html