Alan Keyes brings suit against Obama, CA Secretary of State et al
CHANGING OF THE GUARD
‘Constitutional crisis’ looming over Obama’s birth location
Alan Keyes lawsuit warns America may see ‘usurper’ in Oval Office
The California Secretary of State should refuse to allow the state’s 55 Electoral College votes to be cast in the 2008 presidential election until President-elect Barack Obama verifies his eligibility to hold the office, alleges a California court petition filed on behalf of former presidential candidate Keyes and others.
The legal action today is just the latest is a series of challenges, some of which have gone as high as the U.S. Supreme Court, over the issue of Obama’s status as a “natural-born citizen,” a requirement set by the U.S. Constitution.
WND senior reporter Jerome Corsi even traveled to 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 is why Obama, if a Hawaii birth certificate exists, simply hasn’t 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?
Obama’s half-sister, Maya Soetoro, has named two different Hawaii hospitals where Obama could have been born, while a video posted on YouTube features Obama’s Kenyan grandmother Sarah claiming to have witnessed Obama’s birth in Kenya.
The California action was filed by Gary Kreep of the United States Justice Foundation on behalf of Alan Keyes, the presidential candidate of the American Independent Party, along with Wiley S. Drake and Markham Robinson, both California electors.
“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, Petitioners, as well as other 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,” the action challenges.
The petition is a request for the Superior Court of California in Sacramento County to issue a peremptory writ barring Secretary of State Debra Bowen “from both certifying to the governor the names of the California Electors, and from transmitting to each presidential Elector a Certificate of Election, until such documentary proof is produced and verified showing that Senator Obama is a ‘natural born’ citizen of the United States and does not hold citizenship of Indonesia, Kenya or Great Britain.”
It continues with a request for a writ barring California’s electors from signing the Certificate of Vote until documentary proof is produced.
An Obama spokesperson interviewed by WND described such lawsuits as “garbage.”
The popular vote Nov. 4 favored Obama over Sen. John McCain by several percentage points. But because of the distribution of the votes, Obama is projected to take the Electoral College vote, when it is held in December, by a 2-to-1 margin.
Named as defendants in the action are Bowen, Obama, vice president elect Joe Biden and the long list of California party electors.
Citing the constitutional requirement that a president be a “natural born” citizen, the case discusses other state and federal court cases regarding “aspects of lost or dual citizenship concerning Senator Obama. Those challenges, in and of themselves, demonstrate Petitioners’ argument that reasonable doubt exists as to the eligibility of the Democratic Party’s nominee for President,” the case said.
“There is a reasonable and common expectation by the voters that to qualify for the ballot, the individuals running must meet minimum qualifications as outlined in the federal and state Constitutions and statutes, and that compliance with those minimum qualifications has been confirmed by the officials overseeing the election process,” the complaint said, when in fact the only documentation currently required is a signed statement from the candidate attesting to those qualifications.
“Since [the Secretary of State] has, as its core, the mission of certifying and establishing the validity of the election process, this writ seeks a Court Order barring SOS from certifying the California Electors until documentary proof that Senator Obama is a ‘natural born’ citizen of the United States of America is received by her,” the document said.
“This proof could include items such as his original birth certificate, showing the name of the hospital and the name and the signature of the doctor, all of his passports with immigration stamps, and verification from the governments where the candidate has resided, verifying that he did not, and does not, hold citizenship of these countries, and any other documents that certify an individual’s citizenship and/or qualification for office.
“To this date, in this regard, SOS has not carried out that fundamental duty.”
The case said a simple attestation from the candidate or his party isn’t sufficient.
“Historically, California Secretaries of State have exercised their due diligence by reviewing necessary background documents, verifying that the candidates that were submitted by the respective political parties as eligible for the ballot were indeed eligible. In 1968, the Peace and Freedom Party submitted the name of Eldridge Cleaver as a qualified candidate for President of the United States. The then SOS, Mr. Frank Jordan, found that, according to Mr. Cleaver’s birth certificate, he was only 34 years old, one year shy of the 35 years of age needed to be on the ballot as a candidate for President. Using his administrative powers, Mr. Jordan removed Mr. Cleaver from the ballot. Mr. Cleaver unsuccessfully challenged this decision to the Supreme Court of the State of California, and, later, to the Supreme Court of the United States.”
Similarly, in 1984, the Peace and Freedom Party candidate Larry Holmes was removed from the ballot.
The “certificate of live birth” posted by the Obama campaign cannot be viewed as authoritative, the case alleges.
“Hawaii Revised Statute 338-178 allows registration of birth in Hawaii for a child that was born outside of Hawaii to parents who, for a year preceding the child’s birth, claimed Hawaii as their place of residence,” the document said. “The only way to know where Senator Obama was actually born is to view Senator Obama’s original birth certificate from 1961 that shows the name of the hospital and the name and signature of the doctor that delivered him.”
The case also raises the circumstances of Obama’s time during his youth in Indonesia, where he was listed as having Indonesian citizenship. Indonesia does not allow dual citizenship, raising the possibility of Obama’s mother having given up his U.S. citizenship.
Any subsequent U.S. citizenship then, the case claims, would be “naturalized,” not “natural-born.”
“Based on all of the above, it is the duty of the SOS to obtain proper documentation of Senator Obama’s citizenship to confirm his eligibility for the office or the President of the United States,” the case said.
Just this week, WND has reported on more than half a dozen other legal challenges have been filed in federal and state courts demanding Obama’s decertification from ballots or seeking to halt elector meetings, claiming he has failed to prove his U.S. citizenship status.
Among the states where cases are being tracked are Ohio, Connecticut, Washington, New Jersey, Pennsylvania, Georgia and Hawaii, and there were reports of other cases being developed in Utah, Wyoming, Florida, New York, North Carolina, Texas, California and Virginia.
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Obviously, this issue is far from over, the sour grapes bunch are busily chewing away on this particular bone. As I stated in previous posts, Obama is doing more harm than good by ducking this issue and hoping it goes away. Either he has something to hide or…I dont know what…all I know is, the longer people can bring suit and point fingers, the worse it looks for him. I would have hoped he could have silenced them by now, they obviously arent going to go away. This is actually beginning to worry me a bit, because it has gone now from Phil Berg to numerous suits in several states! If there wasnt some kernel of truth to the allegations, these suits would be dismissed as frivolous Im sure. The fact that they are not, and are actually multiplying, is cause for alarm I think….disgruntled conservatives everywhere are positively salivating at the prospect of Obama being disqualified, and I really wish he would hurry up and prove his legitimacy!!
By the way, Pendel, your earlier comment holding ME personally responsible was both ridiculous and off base. You’re the type of personality apparently that decides to shoot the messenger when you dont like the message. Far better you take your poison pen and lambaste those that ARE effectuating this effort.
Its ALL Blarney!! 
The thing is, if you’ve lost your birth certificate, a certificate of live birth is all you can get. And no, it’s not valid for getting a social security card, or driver’s license, or anything like that.
Thing is – when you lose your papers, you don’t lose your rights. If he can’t supply the valid paperwork, or if it doesn’t exist — that doesn’t mean he doesn’t have his right to be president anymore.
Looks like the burden is to prove that he is a citizen of another country. Him not having his paperwork doesn’t prove anything. Even if not supplied, the lawsuit will be lost. You can’t have your constitutional rights as an american citizen taken away by anything less than a reasonable doubt. No evidence either way is only a “preponderance of evidence”.
Good luck on this lost, pedantic cause.
Crap, now I’m starting to have doubts. This lawsuit has legs. Alan Keyes is a reputable man. I wish Obama would just supply proof of his citizenship and stop this madness.
Clint, this isnt MY cause, Im merely relaying the article. Unfortunately, this is more serious than you realize. I suspect Obama’s birth cert is NOT lost, but is NOT adequate to prove his citizenship. Even if it IS, he faces other equally damaging issues regarding his citizenship of Indonesia and/or Britain (if indeed he was born in Kenya).
On the flip side, Ive read that a parent cant surrender a child’s citizenship, so perhaps all will be well after all. In any event, I hope he retains his office, but I hope he manages to do it LEGITIMATELY, without any hint of scandal. Thats the last thing he or the Dem party needs right now…
oh by the way….I visited the link to the “possibly related post” that wordpress generated, and I threw up a little in my mouth—the pious preening of the religious right is truly something sickening to behold 😦
Religious right round- ok, alliterations gone….. anyway, I didn’t get to read it. uh….. I’ll read it tomorrow
Personally, I think Obama should not be President. But I can’t vote, and I don’t think I want to.
Hmmm, is that moose? I cant tell….anyway, Mr. AnonyMOOSE. why would you say that?
Ambassador Alan Keyes obviously has “standing” and should instead of creating this suit join with Philip J Berg in the case Berg vs Obama as Judge Surrick dismissed the suit now appealed to SCOTUS on the grounds only of “standing” with a writ of cert. now pending the main reason for dismissal is moot. Philip J. Berg will not need to argue is bases of “standing” and the SCOTUS will have a good reason to try this case.
First, I don’t agree with him on anything. Second, he doesn’t know much at all. AND, he obviously is going crazy. What happened to Obamagirl? MURDER!!
I don’t understand why most of the other lawsuits have been dismissed because the of lack of “standing.” Why is not every citizen harmed if a person is elected president fradulently. Mr. Keyes might have a chance of at least being heard since he was also a candidate on the same ballot.