Barack Obama presidential eligibility litigation
Encyclopedia
The Barack Obama presidential eligibility litigation is a group of lawsuits filed in various United States Courts by numerous individuals who believe in the Barack Obama citizenship conspiracy theories
and seek to have Barack Obama
disqualified from standing or being confirmed for the Presidency of the United States, or to compel him to release additional documentation relating to his United States citizenship. By mid-December 2008, at least 17 lawsuits had been filed challenging Obama's eligibility in states including North Carolina, Ohio, Pennsylvania, Hawaii, Connecticut, New Jersey, Texas and Washington. No such suit had resulted in the grant of any relief to the plaintiffs by any court.
A major obstacle to such citizen suit
s has been lack of standing
, as the only plaintiff who was a presidential candidate or presidential elector was Alan Keyes
. The importance of the doctrine of standing was explained by Judge R. Barclay Surrick of the United States District Court for the Eastern District of Pennsylvania
in dismissing one suit. He noted that one of the principal aims of the doctrine is to prevent courts from deciding questions "where the harm is too vague." This was especially true for a presidential election, where a disgruntled voter who suffered no individual harm "would have us derail the democratic process by invalidating a candidate for whom millions of people voted and who underwent excessive vetting during what was one of the most hotly contested presidential primary in living memory."
Joseph Farah said via his World Net Daily publication that Obama has decided "to spend sums estimated in the hundreds of thousands of dollars to avoid releasing a state birth certificate that would put to rest all of the questions." Farah's WorldNetDaily has since upped the claimed expenditure to $1.7 million, on the basis of the Obama presidential campaign paying out that much since the election to the law firm of Perkins Coie
. However, as Mother Jones
magazine has pointed out, the campaign has had to employ lawyers to wind down its post-election operations and meet campaign finance law requirements. At least one attorney representing Obama in the litigation has stated that he is working without pay. Other attorneys interviewed by Mother Jones have stated that the "birther" lawsuits have been so weak that they have been easily resolved with "extremely minimal" monetary costs.
attorney Philip J. Berg
, a Democrat and former deputy state attorney general, filed a complaint alleging that Obama was born in Kenya
, not Hawaii, and was therefore a citizen of Kenya or possibly Indonesia, where he lived as a child. He alleged that the "Certification of Live Birth" on Obama's website is a forgery. U.S. District Judge R. Barclay Surrick dismissed the complaint in October 2008, finding that Berg lacked standing to bring the case and that his attempts to gain standing to pursue his claim were "frivolous and not worthy of discussion."
Bypassing the United States Court of Appeals for the Third Circuit
, Berg filed a petition for a writ of certiorari before judgment
in the United States Supreme Court. On December 10, 2008, the Supreme Court denied Berg's request for an injunction against the seating of the Electoral College, scheduled for December 15. On December 15, 2008, the petitioner refiled the application for injunction. Two days later, Berg's appeal was denied without comment by Supreme Court Justice Anthony Kennedy
. Berg's previously denied request for an injunction was refiled with Justice Antonin Scalia
on December 18, 2008. On January 12, the Supreme Court denied the petition for certiorari
. The application for stay addressed to Justice Scalia and referred to the Court was also summarily denied on January 21, 2009.
On November 12, 2009, the United States Court of Appeals for the Third Circuit
affirmed the district court's ruling that Berg lacked standing.
, and Nancy Pelosi
in January 2009 alleging Obama was ineligible to be president, and that Congress failed to verify Obama's ineligibility. A federal district court in New Jersey dismissed the suit, ruling the plaintiffs lacked standing. On July 3, 2010, the United States Court of Appeals for the Third Circuit
, citing Berg v. Obama, affirmed the dismissal, and ordered Apuzzo to show cause why he should not be sanctioned for initiating a frivolous lawsuit. Apuzzo's subsequent request for a hearing was denied, but the order to show cause was discharged. On November 29, 2010, the U.S. Supreme Court declined, without comment, to hear the case.
filed a lawsuit in federal court, Alan Keyes et al v. Barack H. Obama et al against Obama, with Wiley Drake
as one of the named parties. On July 13, 2009, the presiding judge dismissed the case without prejudice on technical grounds, and on July 14, 2009, Taitz refiled a "First Amended Complaint" Captain Pamela Barnett v. Barack Hussein Obama on behalf of Alan Keyes
, Wiley Drake
, Cynthia Davis, Gail Lightfoot, several other local politicians, and various armed service members. Taitz sought a declaratory judgment that Obama is ineligible for office and an injunction to void his actions and appointments as President.
Two of the plaintiffs, Markham Robinson and Wiley S Drake, subsequently attempted to dismiss their attorney, Orly Taitz
, who refused to sign their substitution-of-attorney documents and instead filed to dismiss the two of them as plaintiffs in the case. On September 8, 2009, Judge David O. Carter
denied the dismissal of Drake and Robinson as plaintiffs, and granted their motion to substitute Gary Kreep of the United States Justice Foundation as counsel for them, refused to dismiss Magistrate Judge Arthur Nakazato from the case, and set a tentative trial date for January 26, 2010.
At a hearing on October 5, 2009, Carter considered the defendants' Motion to Dismiss and declined to rule from the bench, saying that he would take the matter under advisement. On October 7, 2009, he released a Minute Order finalizing the previously tentative dates for summary judgment motions and trial, and on October 29, 2009, he dismissed the case. The United States Court of Appeals for the Ninth Circuit
heard oral arguments for this case on May 2, 2011.
colonel, against Barack Obama (referenced as "Barry Soetoro", the name given at the time of his enrollment in an Indonesian elementary school). The suit was dismissed in the United States District Court for the District of Columbia
. The presiding judge, James Robertson
, said the case was a waste of the court's time, calling Berg and another lawyer "agents provocateurs" and their local counsel, John Hemenway, "a foot soldier in their crusade." He ordered Hemenway to show cause why he should not pay the legal fees for Obama's attorney as a penalty for filing a complaint "for an improper purpose such as to harass". The district court ultimately reprimanded Hemenway for his actions, and the United States Court of Appeals for the District of Columbia Circuit
upheld the dismissal of the case and Hemenway's reprimand. On January 18, 2011, the U.S. Supreme Court declined, without comment, to hear the case.
, contacted Taitz
via e-mail, asking to be part of her lawsuit. On May 8, he volunteered to serve for one year in Afghanistan
beginning on July 15, 2009.
The Army accepted his offer and ordered him to report on that date. On July 8, however, he filed suit, with Taitz as his lawyer, seeking a temporary restraining order and status as a conscientious objector
, arguing that his deployment orders were invalid because Obama was not a natural-born U.S. citizen, and therefore ineligible to serve as commander-in-chief of the armed forces.
His orders were thereupon revoked; an Army spokesperson stated, "A reserve soldier who volunteers for an active duty tour may ask for a revocation of orders up until the day he is scheduled to report for active duty." Accordingly, Cook's case was dismissed as moot
on July 16.
In the lawsuit, captioned Stefan Frederick Cook v. Wanda L. Good (Colonel Wanda L. Good -Commander, U.S. Army Human Resources Command - St. Louis) and filed in the United States District Court for the Middle District of Georgia
, Cook asserted that he "would be acting in violation of international law by engaging in military actions outside the United States under this President's command. ... simultaneously subjecting himself to possible prosecution as a war criminal by the faithful execution of these duties." In April, before Cook volunteered for deployment to Afghanistan, he had been included in Taitz's list of people she said she represented as plaintiffs, in a letter raising the citizenship issue.
A retired Army major general and an active reserve US Air Force lieutenant colonel subsequently joined the Georgia case as plaintiffs alongside Cook. Cook's deployment orders were canceled, and a government spokesman explained, "The Commanding General of SOCCENT (U.S. Special Operations Central Command) has determined that he does not want the services of Major Cook, and has revoked his deployment orders."
An Army CENTCOM spokesman rejected as false claims that the revocation validated Cook's claims: "This in no way validates any of the outlandish claims made by Maj. Cook or his attorney. The idea that this validates those charges about the president's fitness for office is simply false."
After the case was filed, Taitz alleged that Cook had been terminated from his civilian job with a defense contractor, after the situation at his company had become "nutty and crazy".
Cook received significant media coverage on July 16, 2009, from Fox News's Sean Hannity
.
Hannity said in his second of two reports:
Hannity was criticized for publicizing the "birthers" movement.
News Hounds wrote:
After the lawsuit was reported in the Columbus Ledger-Enquirer
, the newspaper reported receiving "the highest volume of traffic ever by a single story in the history of ledger-enquirer.com, including written threats against the newspaper", with nearly half a million new readers and hundreds of e-mails. The threats prompted an increase in security around the courthouse where Cook's case was heard, as well as precautions being taken to protect the author of the newspaper's reports on the case. Executive Editor Ben Holden noted: "The chatter had the feel of a righteous cause – almost a religious cause – because some people hate this president."
Within hours of Land's decision, Taitz told the news site Talking Points Memo
that she felt Land's refusal to hear her case was an act of treason
. Two days later, she filed a motion to stay Rhodes' deployment pending rehearing of the dismissal order. She repeated her treason allegations against Land and made several other intemperate statements, including claims that Land was aiding and abetting purported aspirations of "dictatorship
" by Obama. Land rejected the motion as frivolous and ordered her to show cause
why she should not be fined $10,000 for abuse of judicial process.
A few hours later, a letter bearing Rhodes's signature arrived, stating that Taitz filed the motion without her knowledge or consent, asking Land to remove Taitz as her attorney of record in the case, and stating that it was her "plan to file a complaint with the California State Bar due to [Taitz's] reprehensible and unprofessional actions." On September 26, 2009, Taitz filed a motion with the court seeking to withdraw as counsel for Rhodes, so she could divulge in court "privileged attorney-client communications" since the dismissed Rhodes case "is now a quasi-criminal prosecution of the undersigned attorney, for the purpose of punishment."
On October 13, 2009, Judge Clay Land ordered "Counsel Orly Taitz ... to pay $20,000 to the United States, through the Middle District of Georgia Clerk's Office, within thirty days of the date of this Order as a sanction
for her misconduct in violation of Rule 11 of the Federal Rules of Civil Procedure
." Land's decision stated:
Upon learning of Land's ruling, Taitz said she would appeal the sanction, declaring that Judge Land was "scared to go against the regime" of the "oppressive" Obama administration, and that the sanction was an attempt to "intimidate" her. On March 15, 2010, the United States Court of Appeals for the Eleventh Circuit
affirmed the sanctions against Taitz. On August 9, 2011, the federal government filed an abstract of judgment, a document placing a lien
in the amount of $20,000 plus interest on all her real property, prompting Taitz to say, "I will pay the money, and I will continue fighting." On January 10, 2011, the U.S. Supreme Court declined, without comment, to hear the case.
, filed a petition for writ of quo warranto
. On April 14, 2010, U.S. District Court
Chief Judge Royce C. Lamberth
dismissed the petition; and, alluding to the novel Don Quixote, he wrote, "The Court is not willing to go tilting at windmills
with her."
, alleging the agency improperly refused to disclose to her information about Obama's social security number
. After Taitz repeatedly failed to follow the court rule regarding the redaction of social security numbers in court filings, Chief Judge Lamberth wrote that Taitz "is either toying with the Court or displaying her own stupidity… There is no logical explanation she can provide as to why she is now wasting the Court’s time, as well as the staff’s time, with these improper redactions." On August 30, 2011, the court granted summary judgment in favor of the government, writing "As her numerous filings with the Court demonstrate, plaintiff will stop at nothing to get to the bottom of this alleged conspiracy. Unfortunately for plaintiff, today is not her lucky day."
under FOIA
to grant access to Obama's "long form" birth certificate. On October 17, 2011, Chief Judge Lamberth noted Taitz's "Sisyphean quest" and dismissed the suit.
from certifying Obama as its nominee for the 2012 U.S. presidential election
on the ground that he does not have two citizen parents and thus, it contends, is not a natural-born citizen.
suit seeking "information regarding Obama's birth in 1961, family background, citizenship, residency, immigration, expatriation/repatriation, and other matters related to Obama's origins and nationality generated during the FBI's 2008 investigation of presidential candidates."
of Hawaii by Andy Martin
, who was earlier declared by the U.S. Court of Appeals for the Eleventh Circuit to be a "notoriously vexatious and vindictive litigator who has long abused the American legal system", and who uses lawsuits as "a cruel and effective weapon against his enemies".
Martin's lawsuit sought to order the state to release a copy of Sen. Obama's long-form birth certificate. The short-form birth certificate that the Obama campaign posted online states his place of birth as Honolulu, Hawaii. Martin's lawsuit claimed that because Martin "strives for factual accuracy and attempts to conduct thorough research", he should have a copy of Obama's birth certificate from the state and not a certificate "posted on a Web site". Under Hawaii law, only the person whom the record is concerned with, or a spouse, parents, descendant or someone with a common ancestor, or someone acting on behalf of such a person can obtain a copy of a vital record.
The court denied Martin's petition, saying that Martin lacked "a direct and tangible interest in the record". The court cited Martin's lack of legal standing to obtain another person's birth document.
, filed suit against Nina Mitchell Wells
to challenge the eligibility of Obama, Republican
presidential candidate John McCain
(see details here) and the Socialist Workers Party
candidate Roger Calero
. Donofrio asserted that all three candidates were ineligible: Obama due to having dual U.S. and British nationality at birth (the latter via Obama's father), McCain due to being born in the Panama Canal Zone
, and Calero due to allegedly still having Nicaraguan
citizenship.
Donofrio was not among those who claimed Obama might have been born outside Hawaii. Also, Donofrio did not challenge the fact that Obama is a U.S. citizen and instead challenged only whether Obama is a natural-born citizen.
The case was referred to the Supreme Court by Justice Clarence Thomas
. When the case reached the United States Supreme Court on December 8, 2008, the Court declined without comment to hear the case.
resident and health-food-store owner Cort Wrotnowski filed a suit in the Connecticut Supreme Court
against Susan Bysiewicz
challenging the authenticity of presidential candidate Obama's Hawaii birth certificate. The suit was dismissed after initial hearings.
Wrotnowski appealed to the U.S. Supreme Court on November 25, contending that the British citizenship of Obama's father made the president-elect ineligible to assume office. Leo Donofrio, whose earlier case against Obama's eligibility had been turned down, assisted Wrotnowski's Supreme Court appeal.
The request for stay or injunction was denied without comment on December 15, 2008.
Thomas Goldstein, who has argued numerous cases before the court and covers Supreme Court cases, commented that "The law has always been understood to be, if you are born here, you're a natural born citizen. And that is particularly true in this case, when you have a U.S. citizen parent like Barack Obama's mother".
and Markham Robinson, chairman of the American Independent Party
and a California candidate for president elector, filed a lawsuit requesting that Obama provide documentation that he is a natural-born citizen of the United States.
Keyes also said in an interview that he would not be in favor of amending this requirement of the Constitution
. Keyes asserts that statements by Obama's paternal step-grandmother "raise doubts as to whether Barack Obama is in fact a natural born U.S. citizen, eligible to be president."
California Superior Court Judge Michael P. Kenny sustained, without leave to amend, Secretary Bowen's
and Obama's demurrers on Keyes' petition for writ of mandate and granted Obama's motion to quash the subpoena. Keyes was found not to be entitled to the records he sought, thereby declaring the case moot. The California Court of Appeal
affirmed the dismissal on October 25, 2010. The California Supreme Court declined, without comment, to review the case on February 2, 2011. On October 3, 2011, the U.S. Supreme Court declined, without comment, to hear the case.
The appellate decision addressed the question of whether Obama's eligibility was affected by his father's lack of U.S. citizenship, saying that "[b]ased upon the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the borders of the United States are “natural born Citizens” for Article II, Section 1 purposes, regardless of the citizenship of their parents."
, seeking to review Obama's "long form" birth certificate. On October 12, 2011, the Hawaii Circuit Court
dismissed Taitz's suit.
In response, Taitz wrote to William L. O'Brien
, the Speaker of the House of the New Hampshire House of Representatives, and demanded the removal of Bill Gardner, New Hampshire's Secretary of State, for "egregious elections fraud, aiding and abetting fraud, forgery and possibly treason." D.J. Bettencourt
, House Majority Leader of the New Hampshire House of Representatives, wrote to Taitz and called her actions "unbecoming of any legitimate political dialogue, nevermind one as ridiculous as the continued obsession over President Obama's birth place." Bettencourt added, "I have spoken to the Representatives who were present and expressed to them my strong desire that they immediately disassociate themselves from you and this folly."
that have been criminally prosecuted.
to indict Obama for treason because of Obama's purported ineligibility to serve as President. In response, in April 2010, Fitzpatrick accused the foreperson of violating State laws governing the length of time that a foreperson can serve and attempted to make a citizen's arrest
. Fitzpatrick and Darren Huff of Georgia, who assisted him, were prosecuted by Tennessee for disrupting a meeting of the grand jury.
Later that month, Huff (who was armed with a Colt .45
and an AK-47
), Carl Swensson, and others returned to Tennessee. Huff had told FBI investigators that he intended to assist Fitzpatrick in making citizen's arrests and to have the State charges against Fitzpatrick dropped. According to the FBI, Huff carried a copy of "arrest warrants", signed by Fitzpatrick, that accused two dozen officials as "domestic enemies of the United States engaged in treason". Federal prosecutors charged Huff with transporting a firearm in furtherance of a civil disorder, as well as using a firearm in relation to a violent crime.
Fitzpatrick was convicted in Tennessee of disturbing a meeting and served 60 days in jail; Huff pleaded guilty to the same charge and avoided jail time.
At his October 2011 federal trial, Huff testified Obama was ineligible to hold office and that he plotted to take over Madisonville, Tennessee after the Monroe Country grand jury there refused to indict Obama. On October 25, 2011, Huff was convicted of transporting a firearm in furtherance of a civil disorder.
Lt. Colonel
Terrence Lee Lakin, a surgeon in the Army Medical Corps, for refusing to report for deployment to Afghanistan
. Lakin asserted that, because of citizenship issues, Obama is not legally the Commander in Chief and, therefore, lacks the authority to send him to Afghanistan. The military revoked Lakin's Pentagon building pass and confiscated his government laptop computer. Lakin was assigned to Walter Reed Army Medical Center
while awaiting trial.
Lakin's case differed from Stefan Cook's case in that Cook volunteered to deploy, received orders, and then filed a civil suit refusing to serve; the military responded by revoking Cook's voluntary orders. Lakin was ordered to deploy and he refused the orders, whereupon the military eventually initiated a criminal law prosecution under the Uniform Code of Military Justice
. On September 2, 2010, Presiding Judge Colonel Denise Lind issued a ruling in the case that Obama's status as a natural-born citizen is irrelevant in the court martial case against Lakin, as (1) his orders had come not from Obama himself but rather from senior officers with the independent legal authority to issue them and (2) Obama's eligibility is outside the jurisdiction of the military and falls within the jurisdiction of the United States Congress
instead.
Three retired generals publicly expressed support for Lakin. The first was Army Major General (retired) Paul E. Vallely
, a senior military analyst for Fox News. In an interview, Vallely stated "I think many in the military, and many out of the military, question the natural-birth status of Barack Obama." Following Vallely's announcement, Army Major General (retired) Jerry Curry and Air Force Lt. General (retired) Thomas G. McInerney also expressed public support for Lakin.
On December 7, 2010, Lakin entered a guilty plea to the charges of disobeying his orders; and, on December 15, 2010, a military jury convicted him on a charge of Missing Movement by Design. He was sentenced to six months confinement and dismissed from service. During the sentencing phase of the trial, the prosecution played a video that Lakin had posted online in which he challenged Obama's eligibility. Lakin tearfully responded that the video had been a mistake and that he "would not do this again". Lakin served his time at the Midwest Joint Regional Correctional Facility
at Fort Leavenworth, Kansas; and, on July 28, 2011, the United States Army Court of Criminal Appeals granted Lakin's request to withdraw his case from appellate review.
was read on the floor of the House of Representatives
. As the section regarding the president's qualifications was being read, Theresa Cao shouted from the gallery, "Except Obama, except Obama. Help us Jesus." Cao was arrested for disrupting Congress.
" to indict Obama.
The "grand juries" are based on the Fifth Amendment
's premise that "no person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury". Although the activists managed to hand out copies of "indictments" to Congressional staff, the courts have not regarded the "citizen grand juries" favorably. In June 2009, a group of 172 campaigners declared themselves to be a "Super American Grand Jury" and voted to charge Obama with treason and accused him of not being a US citizen.
Chief Judge Royce C. Lamberth
of the United States District Court for the District of Columbia
rejected the "indictment" on July 2 and declared: "[T]here is no authority under the Rules of Procedure or in the statutes of the United States for this court to accept [a presentment]... The individuals who have made this presentment were not convened by this court to sit as a grand jury nor have they been selected at random from a fair cross section of this district. Any self-styled indictment or presentment issued by such a group has no force under the Constitution or laws of the United States."
Barack Obama citizenship conspiracy theories
Conspiracy theories about the citizenship of Barack Obama claim that Barack Obama is not a natural-born citizen of the United States and is therefore not eligible to be President of the United States under Article Two of the U.S. Constitution. Some theories allege that Obama was born in Kenya, not...
and seek to have Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
disqualified from standing or being confirmed for the Presidency of the United States, or to compel him to release additional documentation relating to his United States citizenship. By mid-December 2008, at least 17 lawsuits had been filed challenging Obama's eligibility in states including North Carolina, Ohio, Pennsylvania, Hawaii, Connecticut, New Jersey, Texas and Washington. No such suit had resulted in the grant of any relief to the plaintiffs by any court.
A major obstacle to such citizen suit
Citizen suit
In the U.S., a citizen suit is a lawsuit by a private citizen to enforce a statute. Citizen suits are particularly common in the field of environmental law....
s has been lack of standing
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
, as the only plaintiff who was a presidential candidate or presidential elector was Alan Keyes
Alan Keyes
Alan Lee Keyes is an American conservative political activist, author, former diplomat, and perennial candidate for public office. A doctoral graduate of Harvard University, Keyes began his diplomatic career in the U.S...
. The importance of the doctrine of standing was explained by Judge R. Barclay Surrick of the United States District Court for the Eastern District of Pennsylvania
United States District Court for the Eastern District of Pennsylvania
The United States District Court for the Eastern District of Pennsylvania is one of the original 13 federal judiciary districts created by the Judiciary Act of 1789...
in dismissing one suit. He noted that one of the principal aims of the doctrine is to prevent courts from deciding questions "where the harm is too vague." This was especially true for a presidential election, where a disgruntled voter who suffered no individual harm "would have us derail the democratic process by invalidating a candidate for whom millions of people voted and who underwent excessive vetting during what was one of the most hotly contested presidential primary in living memory."
Joseph Farah said via his World Net Daily publication that Obama has decided "to spend sums estimated in the hundreds of thousands of dollars to avoid releasing a state birth certificate that would put to rest all of the questions." Farah's WorldNetDaily has since upped the claimed expenditure to $1.7 million, on the basis of the Obama presidential campaign paying out that much since the election to the law firm of Perkins Coie
Perkins Coie
Perkins Coie is an international law firm based in Seattle, Washington. It has been listed on the Fortune Magazine "100 Best Places to Work in America" for the past nine years. It is noted for its intellectual property, Labor and Employment, and Products Liability practice groups, and for its...
. However, as Mother Jones
Mother Jones (magazine)
Mother Jones is an American independent news organization, featuring investigative and breaking news reporting on politics, the environment, human rights, and culture. Mother Jones has been nominated for 23 National Magazine Awards and has won six times, including for General Excellence in 2001,...
magazine has pointed out, the campaign has had to employ lawyers to wind down its post-election operations and meet campaign finance law requirements. At least one attorney representing Obama in the litigation has stated that he is working without pay. Other attorneys interviewed by Mother Jones have stated that the "birther" lawsuits have been so weak that they have been easily resolved with "extremely minimal" monetary costs.
Berg v. Obama
On August 21, 2008, PennsylvaniaPennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
attorney Philip J. Berg
Philip J. Berg
Philip J. Berg is an American activist attorney who brought a RICO lawsuit charging president George W. Bush and 154 others with complicity in the 9/11 attacks, and another suit challenging the eligibility of Barack Obama to become President of the United States.-Activism:Berg has involved himself...
, a Democrat and former deputy state attorney general, filed a complaint alleging that Obama was born in Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
, not Hawaii, and was therefore a citizen of Kenya or possibly Indonesia, where he lived as a child. He alleged that the "Certification of Live Birth" on Obama's website is a forgery. U.S. District Judge R. Barclay Surrick dismissed the complaint in October 2008, finding that Berg lacked standing to bring the case and that his attempts to gain standing to pursue his claim were "frivolous and not worthy of discussion."
Bypassing the United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
, Berg filed a petition for a writ of certiorari before judgment
Certiorari before judgment
A petition for certiorari before judgment, in the Supreme Court of the United States, is a petition for a writ of certiorari in which the Supreme Court is asked to immediately review the decision of a United States District Court, without an appeal having been decided by a United States Court of...
in the United States Supreme Court. On December 10, 2008, the Supreme Court denied Berg's request for an injunction against the seating of the Electoral College, scheduled for December 15. On December 15, 2008, the petitioner refiled the application for injunction. Two days later, Berg's appeal was denied without comment by Supreme Court Justice Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
. Berg's previously denied request for an injunction was refiled with Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
on December 18, 2008. On January 12, the Supreme Court denied the petition for certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
. The application for stay addressed to Justice Scalia and referred to the Court was also summarily denied on January 21, 2009.
On November 12, 2009, the United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
affirmed the district court's ruling that Berg lacked standing.
Kerchner v. Obama
Attorney Mario Apuzzo, on behalf of Charles Kerchner and other plaintiffs, sued Obama, the U.S. Congress, Dick CheneyDick Cheney
Richard Bruce "Dick" Cheney served as the 46th Vice President of the United States , under George W. Bush....
, and Nancy Pelosi
Nancy Pelosi
Nancy Patricia D'Alesandro Pelosi is the Minority Leader of the United States House of Representatives and served as the 60th Speaker of the United States House of Representatives from 2007 to 2011...
in January 2009 alleging Obama was ineligible to be president, and that Congress failed to verify Obama's ineligibility. A federal district court in New Jersey dismissed the suit, ruling the plaintiffs lacked standing. On July 3, 2010, the United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
, citing Berg v. Obama, affirmed the dismissal, and ordered Apuzzo to show cause why he should not be sanctioned for initiating a frivolous lawsuit. Apuzzo's subsequent request for a hearing was denied, but the order to show cause was discharged. On November 29, 2010, the U.S. Supreme Court declined, without comment, to hear the case.
Barnett v. Obama
On the afternoon of January 20, 2009, Orly TaitzOrly Taitz
Orly Taitz is an American dentist, lawyer, former real estate agent, and leading figure in the "birther" movement, which challenges whether Barack Obama is a natural-born citizen eligible to serve as President of the United States...
filed a lawsuit in federal court, Alan Keyes et al v. Barack H. Obama et al against Obama, with Wiley Drake
Wiley Drake
Wiley S. Drake is a California-based minister and radio host. He was the vice-presidential candidate for the America's Independent Party ticket in 2008,. Drake has drawn controversy for his use of imprecatory prayer. He is the pastor of the First Southern Baptist Church of Buena Park in Buena...
as one of the named parties. On July 13, 2009, the presiding judge dismissed the case without prejudice on technical grounds, and on July 14, 2009, Taitz refiled a "First Amended Complaint" Captain Pamela Barnett v. Barack Hussein Obama on behalf of Alan Keyes
Alan Keyes
Alan Lee Keyes is an American conservative political activist, author, former diplomat, and perennial candidate for public office. A doctoral graduate of Harvard University, Keyes began his diplomatic career in the U.S...
, Wiley Drake
Wiley Drake
Wiley S. Drake is a California-based minister and radio host. He was the vice-presidential candidate for the America's Independent Party ticket in 2008,. Drake has drawn controversy for his use of imprecatory prayer. He is the pastor of the First Southern Baptist Church of Buena Park in Buena...
, Cynthia Davis, Gail Lightfoot, several other local politicians, and various armed service members. Taitz sought a declaratory judgment that Obama is ineligible for office and an injunction to void his actions and appointments as President.
Two of the plaintiffs, Markham Robinson and Wiley S Drake, subsequently attempted to dismiss their attorney, Orly Taitz
Orly Taitz
Orly Taitz is an American dentist, lawyer, former real estate agent, and leading figure in the "birther" movement, which challenges whether Barack Obama is a natural-born citizen eligible to serve as President of the United States...
, who refused to sign their substitution-of-attorney documents and instead filed to dismiss the two of them as plaintiffs in the case. On September 8, 2009, Judge David O. Carter
David O. Carter
David O. Carter is a United States District Court Judge for the Central District of California.-Biography:...
denied the dismissal of Drake and Robinson as plaintiffs, and granted their motion to substitute Gary Kreep of the United States Justice Foundation as counsel for them, refused to dismiss Magistrate Judge Arthur Nakazato from the case, and set a tentative trial date for January 26, 2010.
At a hearing on October 5, 2009, Carter considered the defendants' Motion to Dismiss and declined to rule from the bench, saying that he would take the matter under advisement. On October 7, 2009, he released a Minute Order finalizing the previously tentative dates for summary judgment motions and trial, and on October 29, 2009, he dismissed the case. The United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
heard oral arguments for this case on May 2, 2011.
Hollister v. Soetoro
On March 5, 2009, a lawsuit filed by Philip Berg on behalf of Gregory S. Hollister, a retired Air ForceUnited States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
colonel, against Barack Obama (referenced as "Barry Soetoro", the name given at the time of his enrollment in an Indonesian elementary school). The suit was dismissed in the United States District Court for the District of Columbia
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
. The presiding judge, James Robertson
James Robertson (judge)
James Robertson is a United States federal judge serving on the United States District Court for the District of Columbia.Born in Cleveland, Ohio, Robertson graduated from Western Reserve Academy in Hudson, Ohio, and received a B.A. from Princeton University in 1959. He served in the United States...
, said the case was a waste of the court's time, calling Berg and another lawyer "agents provocateurs" and their local counsel, John Hemenway, "a foot soldier in their crusade." He ordered Hemenway to show cause why he should not pay the legal fees for Obama's attorney as a penalty for filing a complaint "for an improper purpose such as to harass". The district court ultimately reprimanded Hemenway for his actions, and the United States Court of Appeals for the District of Columbia Circuit
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
upheld the dismissal of the case and Hemenway's reprimand. On January 18, 2011, the U.S. Supreme Court declined, without comment, to hear the case.
Cook v. Good
On February 1, 2009, Stefan F. Cook, a Major in the United States Army ReserveUnited States Army Reserve
The United States Army Reserve is the federal reserve force of the United States Army. Together, the Army Reserve and the Army National Guard constitute the reserve components of the United States Army....
, contacted Taitz
Orly Taitz
Orly Taitz is an American dentist, lawyer, former real estate agent, and leading figure in the "birther" movement, which challenges whether Barack Obama is a natural-born citizen eligible to serve as President of the United States...
via e-mail, asking to be part of her lawsuit. On May 8, he volunteered to serve for one year in Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
beginning on July 15, 2009.
The Army accepted his offer and ordered him to report on that date. On July 8, however, he filed suit, with Taitz as his lawyer, seeking a temporary restraining order and status as a conscientious objector
Conscientious objector
A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, and/or religion....
, arguing that his deployment orders were invalid because Obama was not a natural-born U.S. citizen, and therefore ineligible to serve as commander-in-chief of the armed forces.
His orders were thereupon revoked; an Army spokesperson stated, "A reserve soldier who volunteers for an active duty tour may ask for a revocation of orders up until the day he is scheduled to report for active duty." Accordingly, Cook's case was dismissed as moot
Mootness
In American law, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law...
on July 16.
In the lawsuit, captioned Stefan Frederick Cook v. Wanda L. Good (Colonel Wanda L. Good -Commander, U.S. Army Human Resources Command - St. Louis) and filed in the United States District Court for the Middle District of Georgia
United States District Court for the Middle District of Georgia
The U.S. District Court for the Middle District of Georgia is a United States District Court which serves the residents of sixty-nine counties from seven divisions from its headquarters in Macon, Georgia....
, Cook asserted that he "would be acting in violation of international law by engaging in military actions outside the United States under this President's command. ... simultaneously subjecting himself to possible prosecution as a war criminal by the faithful execution of these duties." In April, before Cook volunteered for deployment to Afghanistan, he had been included in Taitz's list of people she said she represented as plaintiffs, in a letter raising the citizenship issue.
A retired Army major general and an active reserve US Air Force lieutenant colonel subsequently joined the Georgia case as plaintiffs alongside Cook. Cook's deployment orders were canceled, and a government spokesman explained, "The Commanding General of SOCCENT (U.S. Special Operations Central Command) has determined that he does not want the services of Major Cook, and has revoked his deployment orders."
An Army CENTCOM spokesman rejected as false claims that the revocation validated Cook's claims: "This in no way validates any of the outlandish claims made by Maj. Cook or his attorney. The idea that this validates those charges about the president's fitness for office is simply false."
After the case was filed, Taitz alleged that Cook had been terminated from his civilian job with a defense contractor, after the situation at his company had become "nutty and crazy".
Cook received significant media coverage on July 16, 2009, from Fox News's Sean Hannity
Sean Hannity
Sean Hannity is an American radio and television host, author, and conservative political commentator. He is the host of The Sean Hannity Show, a nationally syndicated talk radio show that airs throughout the United States on Premiere Radio Networks. Hannity also hosts a cable news show, Hannity,...
.
Hannity said in his second of two reports:
Hannity was criticized for publicizing the "birthers" movement.
News Hounds wrote:
After the lawsuit was reported in the Columbus Ledger-Enquirer
Columbus Ledger-Enquirer
The Ledger-Enquirer is a McClatchy newspaper headquartered in Downtown Columbus, Georgia, in the United States. It was founded in 1828 as the Columbus Enquirer by Mirabeau B. Lamar, who later played a pivotal role in the founding of the Republic of Texas and served as its third President...
, the newspaper reported receiving "the highest volume of traffic ever by a single story in the history of ledger-enquirer.com, including written threats against the newspaper", with nearly half a million new readers and hundreds of e-mails. The threats prompted an increase in security around the courthouse where Cook's case was heard, as well as precautions being taken to protect the author of the newspaper's reports on the case. Executive Editor Ben Holden noted: "The chatter had the feel of a righteous cause – almost a religious cause – because some people hate this president."
Rhodes v. Macdonald
In September 2009, Taitz, filed Rhodes v. MacDonald (Colonel Thomas MacDonald - Garrison Commander, Fort Benning, Georgia) on behalf of Captain Connie Rhodes, a U.S. Army physician, sought a restraining order to stop Rhodes' forthcoming deployment to Iraq. In the request for a restraining order, Taitz argued the order was illegal since Obama was illegally serving as President. On September 16, federal judge Clay D. Land (the same judge who heard Cook v. Good) rejected the motion and denounced it as frivolous.Within hours of Land's decision, Taitz told the news site Talking Points Memo
Talking Points Memo
Talking Points Memo is a web-based political journalism organization created and run by Josh Marshall, journalist and historian covering issues from a "politically left perspective,". It debuted on November 12, 2000...
that she felt Land's refusal to hear her case was an act of treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
. Two days later, she filed a motion to stay Rhodes' deployment pending rehearing of the dismissal order. She repeated her treason allegations against Land and made several other intemperate statements, including claims that Land was aiding and abetting purported aspirations of "dictatorship
Dictatorship
A dictatorship is defined as an autocratic form of government in which the government is ruled by an individual, the dictator. It has three possible meanings:...
" by Obama. Land rejected the motion as frivolous and ordered her to show cause
Order to show cause
An order to show cause, in most Anglo-Saxon law systems, is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to...
why she should not be fined $10,000 for abuse of judicial process.
A few hours later, a letter bearing Rhodes's signature arrived, stating that Taitz filed the motion without her knowledge or consent, asking Land to remove Taitz as her attorney of record in the case, and stating that it was her "plan to file a complaint with the California State Bar due to [Taitz's] reprehensible and unprofessional actions." On September 26, 2009, Taitz filed a motion with the court seeking to withdraw as counsel for Rhodes, so she could divulge in court "privileged attorney-client communications" since the dismissed Rhodes case "is now a quasi-criminal prosecution of the undersigned attorney, for the purpose of punishment."
On October 13, 2009, Judge Clay Land ordered "Counsel Orly Taitz ... to pay $20,000 to the United States, through the Middle District of Georgia Clerk's Office, within thirty days of the date of this Order as a sanction
Sanctions (law)
Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines...
for her misconduct in violation of Rule 11 of the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
." Land's decision stated:
Upon learning of Land's ruling, Taitz said she would appeal the sanction, declaring that Judge Land was "scared to go against the regime" of the "oppressive" Obama administration, and that the sanction was an attempt to "intimidate" her. On March 15, 2010, the United States Court of Appeals for the Eleventh Circuit
United States Court of Appeals for the Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Middle District of Alabama...
affirmed the sanctions against Taitz. On August 9, 2011, the federal government filed an abstract of judgment, a document placing a lien
Lien
In law, a lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation...
in the amount of $20,000 plus interest on all her real property, prompting Taitz to say, "I will pay the money, and I will continue fighting." On January 10, 2011, the U.S. Supreme Court declined, without comment, to hear the case.
Taitz v. Obama
On January 27, 2010, Taitz, in propria personaPro se legal representation in the United States
Pro se legal representation means advocating on one's own behalf before a court, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff in civil cases, and when one is a defendant in criminal cases. Pro se is a Latin phrase...
, filed a petition for writ of quo warranto
Quo warranto
Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.-History:...
. On April 14, 2010, U.S. District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
Chief Judge Royce C. Lamberth
Royce C. Lamberth
Royce C. Lamberth is a federal judge in the United States District Court for the District of Columbia, serving as its Chief Judge....
dismissed the petition; and, alluding to the novel Don Quixote, he wrote, "The Court is not willing to go tilting at windmills
Tilting at windmills
Tilting at windmills is an English idiom which means attacking imaginary enemies, or fighting unwinnable or futile battles. The word “tilt”, in this context, comes from jousting....
with her."
Taitz v. Astrue
In February 2011, Taitz filed, in propria persona, a Freedom of Information Act suit against the Social Security AdministrationSocial Security Administration
The United States Social Security Administration is an independent agency of the United States federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits...
, alleging the agency improperly refused to disclose to her information about Obama's social security number
Social Security number
In the United States, a Social Security number is a nine-digit number issued to U.S. citizens, permanent residents, and temporary residents under section 205 of the Social Security Act, codified as . The number is issued to an individual by the Social Security Administration, an independent...
. After Taitz repeatedly failed to follow the court rule regarding the redaction of social security numbers in court filings, Chief Judge Lamberth wrote that Taitz "is either toying with the Court or displaying her own stupidity… There is no logical explanation she can provide as to why she is now wasting the Court’s time, as well as the staff’s time, with these improper redactions." On August 30, 2011, the court granted summary judgment in favor of the government, writing "As her numerous filings with the Court demonstrate, plaintiff will stop at nothing to get to the bottom of this alleged conspiracy. Unfortunately for plaintiff, today is not her lucky day."
Taitz v. Ruemmler
Taitz sought to compel White House Counsel Kathryn RuemmlerKathryn Ruemmler
Kathryn Ruemmler is an attorney who currently serves as White House Counsel to President Barack Obama. She previously worked as Principal Deputy White House Counsel.-Early life and education:...
under FOIA
Freedom of Information Act (United States)
The Freedom of Information Act is a federal freedom of information law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. The Act defines agency records subject to disclosure, outlines mandatory disclosure...
to grant access to Obama's "long form" birth certificate. On October 17, 2011, Chief Judge Lamberth noted Taitz's "Sisyphean quest" and dismissed the suit.
Liberty Legal Foundation v. National Democratic Party
In October 2011, the Liberty Legal Foundation filed suit seeking to enjoin the Democratic National CommitteeDemocratic National Committee
The Democratic National Committee is the principal organization governing the United States Democratic Party on a day to day basis. While it is responsible for overseeing the process of writing a platform every four years, the DNC's central focus is on campaign and political activity in support...
from certifying Obama as its nominee for the 2012 U.S. presidential election
United States presidential election, 2012
The United States presidential election of 2012 is the next United States presidential election, to be held on Tuesday, November 6, 2012. It will be the 57th quadrennial presidential election in which presidential electors, who will actually elect the President and the Vice President of the United...
on the ground that he does not have two citizen parents and thus, it contends, is not a natural-born citizen.
Archibald v. U.S. Department of Justice
In November 2011, George Archibald filed a FOIAFreedom of Information Act (United States)
The Freedom of Information Act is a federal freedom of information law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. The Act defines agency records subject to disclosure, outlines mandatory disclosure...
suit seeking "information regarding Obama's birth in 1961, family background, citizenship, residency, immigration, expatriation/repatriation, and other matters related to Obama's origins and nationality generated during the FBI's 2008 investigation of presidential candidates."
Martin v. Lingle
On October 17, 2008, another lawsuit was filed in a state circuit courtCircuit court
Circuit court is the name of court systems in several common law jurisdictions.-History:King Henry II instituted the custom of having judges ride around the countryside each year to hear appeals, rather than forcing everyone to bring their appeals to London...
of Hawaii by Andy Martin
Andy Martin
Andy Martin is a musician, lyricist and writer who lives in London, England.-The 1980s:During the 1980s, he was the singer, lyricist and occasionally drummer for The Apostles, a group that was founded in 1979 by four North London schoolboys, William 'Bill' Corbett, Julian Portinari, Dan Macintyre...
, who was earlier declared by the U.S. Court of Appeals for the Eleventh Circuit to be a "notoriously vexatious and vindictive litigator who has long abused the American legal system", and who uses lawsuits as "a cruel and effective weapon against his enemies".
Martin's lawsuit sought to order the state to release a copy of Sen. Obama's long-form birth certificate. The short-form birth certificate that the Obama campaign posted online states his place of birth as Honolulu, Hawaii. Martin's lawsuit claimed that because Martin "strives for factual accuracy and attempts to conduct thorough research", he should have a copy of Obama's birth certificate from the state and not a certificate "posted on a Web site". Under Hawaii law, only the person whom the record is concerned with, or a spouse, parents, descendant or someone with a common ancestor, or someone acting on behalf of such a person can obtain a copy of a vital record.
The court denied Martin's petition, saying that Martin lacked "a direct and tangible interest in the record". The court cited Martin's lack of legal standing to obtain another person's birth document.
Donofrio v. Wells
In October 2008, Leo Donofrio, an attorney from New JerseyNew Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, filed suit against Nina Mitchell Wells
Nina Mitchell Wells
Nina Mitchell Wells is a former Secretary of State of New Jersey. She served in the cabinet of Governor Jon Corzine. Prior to assuming her cabinet post in January 2006, Wells served as a vice president at Schering-Plough and as an assistant dean at Rutgers School of Law—Newark...
to challenge the eligibility of Obama, Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
presidential candidate John McCain
John McCain
John Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....
(see details here) and the Socialist Workers Party
Socialist Workers Party (United States)
The Socialist Workers Party is a far-left political organization in the United States. The group places a priority on "solidarity work" to aid strikes and is strongly supportive of Cuba...
candidate Roger Calero
Róger Calero
Róger Calero is a Nicaraguan American journalist and one of the leaders of the Socialist Workers Party. He was SWP candidate for President of the United States in 2004 and 2008, and for the United States Senate in New York in 2006....
. Donofrio asserted that all three candidates were ineligible: Obama due to having dual U.S. and British nationality at birth (the latter via Obama's father), McCain due to being born in the Panama Canal Zone
Panama Canal Zone
The Panama Canal Zone was a unorganized U.S. territory located within the Republic of Panama, consisting of the Panama Canal and an area generally extending 5 miles on each side of the centerline, but excluding Panama City and Colón, which otherwise would have been partly within the limits of...
, and Calero due to allegedly still having Nicaraguan
Nicaraguan
Nicaraguans are people inhabiting in, originating or having significant heritage from Nicaragua. Most Nicaraguans live in Nicaragua, although there is also a significant Nicaraguan diaspora, particularly in Costa Rica and the United States with smaller communities in other countries around the world...
citizenship.
Donofrio was not among those who claimed Obama might have been born outside Hawaii. Also, Donofrio did not challenge the fact that Obama is a U.S. citizen and instead challenged only whether Obama is a natural-born citizen.
The case was referred to the Supreme Court by Justice Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
. When the case reached the United States Supreme Court on December 8, 2008, the Court declined without comment to hear the case.
Wrotnowski v. Bysiewicz
On October 31, 2008, GreenwichGreenwich, Connecticut
Greenwich is a town in Fairfield County, Connecticut, United States. As of the 2010 census, the town had a total population of 61,171. It is home to many hedge funds and other financial service companies. Greenwich is the southernmost and westernmost municipality in Connecticut and is 38+ minutes ...
resident and health-food-store owner Cort Wrotnowski filed a suit in the Connecticut Supreme Court
Connecticut Supreme Court
The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the highest court in the U.S. state of Connecticut. It consists of a Chief Justice and six Associate Justices. The seven justices sit in Hartford, across the street from the Connecticut State Capitol...
against Susan Bysiewicz
Susan Bysiewicz
Susan Bysiewicz served as Secretary of the State of Connecticut from 1999 to 2011. She was briefly a candidate for Governor of Connecticut in 2010, before dropping out to run for Connecticut Attorney General. She was disqualified from running for the office by the Connecticut Supreme Court and...
challenging the authenticity of presidential candidate Obama's Hawaii birth certificate. The suit was dismissed after initial hearings.
Wrotnowski appealed to the U.S. Supreme Court on November 25, contending that the British citizenship of Obama's father made the president-elect ineligible to assume office. Leo Donofrio, whose earlier case against Obama's eligibility had been turned down, assisted Wrotnowski's Supreme Court appeal.
The request for stay or injunction was denied without comment on December 15, 2008.
Thomas Goldstein, who has argued numerous cases before the court and covers Supreme Court cases, commented that "The law has always been understood to be, if you are born here, you're a natural born citizen. And that is particularly true in this case, when you have a U.S. citizen parent like Barack Obama's mother".
Keyes v. Bowen
On November 14, 2008, Alan KeyesAlan Keyes
Alan Lee Keyes is an American conservative political activist, author, former diplomat, and perennial candidate for public office. A doctoral graduate of Harvard University, Keyes began his diplomatic career in the U.S...
and Markham Robinson, chairman of the American Independent Party
American Independent Party
The American Independent Party is a right-wing political party of the United States that was established in 1967 by Bill and Eileen Shearer. In 1968, the American Independent Party nominated George C. Wallace as its presidential candidate and retired Air Force General Curtis E. LeMay as the vice...
and a California candidate for president elector, filed a lawsuit requesting that Obama provide documentation that he is a natural-born citizen of the United States.
Keyes also said in an interview that he would not be in favor of amending this requirement of the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. Keyes asserts that statements by Obama's paternal step-grandmother "raise doubts as to whether Barack Obama is in fact a natural born U.S. citizen, eligible to be president."
California Superior Court Judge Michael P. Kenny sustained, without leave to amend, Secretary Bowen's
Debra Bowen
Debra Lynn Bowen , a member of the Democratic Party, has been Secretary of State of California since January 8, 2007. Before that she was a member of the California State Legislature from 1992 to 2006. In March 2008, she was given the Profile in Courage Award by the John F. Kennedy Presidential...
and Obama's demurrers on Keyes' petition for writ of mandate and granted Obama's motion to quash the subpoena. Keyes was found not to be entitled to the records he sought, thereby declaring the case moot. The California Court of Appeal
California Court of Appeal
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided into six appellate districts...
affirmed the dismissal on October 25, 2010. The California Supreme Court declined, without comment, to review the case on February 2, 2011. On October 3, 2011, the U.S. Supreme Court declined, without comment, to hear the case.
Ankeny v. Governor of the State of Indiana
In December 2008, Steve Ankeny and Bill Kruse filed a "Petition for Extraordinary Writ of Prohibition" against the Governor of Indiana to block "any popular votes for Barack Obama and Joe Biden for the appointment as Chief Electors [sic]." A hearing was held, and on March 16, 2009, the Governor's motion to dismiss was granted. The Plaintiffs appealed the ruling to the Indiana Court of Appeals, which upheld it on November 12, 2009.The appellate decision addressed the question of whether Obama's eligibility was affected by his father's lack of U.S. citizenship, saying that "[b]ased upon the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the borders of the United States are “natural born Citizens” for Article II, Section 1 purposes, regardless of the citizenship of their parents."
Taitz v. Fuddy
In August 2011, Taitz filed, in propria persona, a suit against the director of the Hawaii Department of HealthHawaii Department of Health
The Hawaii Department of Health is a state agency of Hawaii, with its headquarters in Honolulu CDP, City and County of Honolulu on the island of Oahu.-External links:*...
, seeking to review Obama's "long form" birth certificate. On October 12, 2011, the Hawaii Circuit Court
Hawaii State Circuit Courts
The Hawaii State Circuit Courts are the trial courts of general jurisdiction in Hawaii. They are the primary civil and criminal courts of the Hawaii State Judiciary. The Circuit Courts are the only Hawaii state courts to conduct jury trials...
dismissed Taitz's suit.
2012 New Hampshire primary challenge
In November 2011, Taitz, backed by four New Hampshire state legislators, filed a complaint with the state's Ballot Law Commission challenging Obama's eligibility to compete in the primary election. As Obama had paid the filing fee and his declaration of candidacy conformed to state law, the Commission unanimously voted to keep Obama on the ballot. The Commission then denied a request for reconsideration.In response, Taitz wrote to William L. O'Brien
William L. O'Brien
William L. O'Brien is a lawyer and legislator from Mont Vernon, New Hampshire who has been a member of the New Hampshire House of Representatives since 2004, representing district Hillsborough-4, and was elected the Speaker of the House in 2011.-Biography:O'Brien obtained his bachelors degree in...
, the Speaker of the House of the New Hampshire House of Representatives, and demanded the removal of Bill Gardner, New Hampshire's Secretary of State, for "egregious elections fraud, aiding and abetting fraud, forgery and possibly treason." D.J. Bettencourt
D.J. Bettencourt
David J. "D.J." Bettencourt is and legislator from Salem, New Hampshire who has been a member of the New Hampshire House of Representatives since 2004, representing district Rockingham-4, and was elected the House Majority Leader in 2011.-Legislative career:First elected as a NH state...
, House Majority Leader of the New Hampshire House of Representatives, wrote to Taitz and called her actions "unbecoming of any legitimate political dialogue, nevermind one as ridiculous as the continued obsession over President Obama's birth place." Bettencourt added, "I have spoken to the Representatives who were present and expressed to them my strong desire that they immediately disassociate themselves from you and this folly."
Criminal cases
The refusal to accept that Obama is the lawful president has led to acts of civil disobedienceCivil disobedience
Civil disobedience is the active, professed refusal to obey certain laws, demands, and commands of a government, or of an occupying international power. Civil disobedience is commonly, though not always, defined as being nonviolent resistance. It is one form of civil resistance...
that have been criminally prosecuted.
Walter Fitzpatrick III and Darren Huff
Walter Fitzpatrick III was unsuccessful in persuading the foreperson of the Monroe County, Tennessee, grand juryGrand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
to indict Obama for treason because of Obama's purported ineligibility to serve as President. In response, in April 2010, Fitzpatrick accused the foreperson of violating State laws governing the length of time that a foreperson can serve and attempted to make a citizen's arrest
Citizen's arrest
A citizen's arrest is an arrest made by a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval Britain and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.Despite the...
. Fitzpatrick and Darren Huff of Georgia, who assisted him, were prosecuted by Tennessee for disrupting a meeting of the grand jury.
Later that month, Huff (who was armed with a Colt .45
Colt Single Action Army
The Colt Single Action Army is a single action revolver with a revolving cylinder holding six metallic cartridges. It was designed for the U.S...
and an AK-47
AK-47
The AK-47 is a selective-fire, gas-operated 7.62×39mm assault rifle, first developed in the Soviet Union by Mikhail Kalashnikov. It is officially known as Avtomat Kalashnikova . It is also known as a Kalashnikov, an "AK", or in Russian slang, Kalash.Design work on the AK-47 began in the last year...
), Carl Swensson, and others returned to Tennessee. Huff had told FBI investigators that he intended to assist Fitzpatrick in making citizen's arrests and to have the State charges against Fitzpatrick dropped. According to the FBI, Huff carried a copy of "arrest warrants", signed by Fitzpatrick, that accused two dozen officials as "domestic enemies of the United States engaged in treason". Federal prosecutors charged Huff with transporting a firearm in furtherance of a civil disorder, as well as using a firearm in relation to a violent crime.
Fitzpatrick was convicted in Tennessee of disturbing a meeting and served 60 days in jail; Huff pleaded guilty to the same charge and avoided jail time.
At his October 2011 federal trial, Huff testified Obama was ineligible to hold office and that he plotted to take over Madisonville, Tennessee after the Monroe Country grand jury there refused to indict Obama. On October 25, 2011, Huff was convicted of transporting a firearm in furtherance of a civil disorder.
Lieutenant Colonel Lakin
On April 13, 2010, the United States Army announced that it would court-martialCourt-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
Lt. Colonel
Lieutenant Colonel (United States)
In the United States Army, United States Air Force, and United States Marine Corps, a lieutenant colonel is a field grade military officer rank just above the rank of major and just below the rank of colonel. It is equivalent to the naval rank of commander in the other uniformed services.The pay...
Terrence Lee Lakin, a surgeon in the Army Medical Corps, for refusing to report for deployment to Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
. Lakin asserted that, because of citizenship issues, Obama is not legally the Commander in Chief and, therefore, lacks the authority to send him to Afghanistan. The military revoked Lakin's Pentagon building pass and confiscated his government laptop computer. Lakin was assigned to Walter Reed Army Medical Center
Walter Reed Army Medical Center
The Walter Reed Army Medical Center was the United States Army's flagship medical center until 2011. Located on 113 acres in Washington, D.C., it served more than 150,000 active and retired personnel from all branches of the military...
while awaiting trial.
Lakin's case differed from Stefan Cook's case in that Cook volunteered to deploy, received orders, and then filed a civil suit refusing to serve; the military responded by revoking Cook's voluntary orders. Lakin was ordered to deploy and he refused the orders, whereupon the military eventually initiated a criminal law prosecution under the Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
. On September 2, 2010, Presiding Judge Colonel Denise Lind issued a ruling in the case that Obama's status as a natural-born citizen is irrelevant in the court martial case against Lakin, as (1) his orders had come not from Obama himself but rather from senior officers with the independent legal authority to issue them and (2) Obama's eligibility is outside the jurisdiction of the military and falls within the jurisdiction of the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
instead.
Three retired generals publicly expressed support for Lakin. The first was Army Major General (retired) Paul E. Vallely
Paul E. Vallely
Paul E. Vallely is a retired US Army Major General and senior military analyst for Fox News. He served in Vietnam during the Vietnam War and retired in 1993 as Deputy Commanding General, Pacific Command. In 2004, together with retired Air Force Lieutenant General Thomas McInerney, Vallely...
, a senior military analyst for Fox News. In an interview, Vallely stated "I think many in the military, and many out of the military, question the natural-birth status of Barack Obama." Following Vallely's announcement, Army Major General (retired) Jerry Curry and Air Force Lt. General (retired) Thomas G. McInerney also expressed public support for Lakin.
On December 7, 2010, Lakin entered a guilty plea to the charges of disobeying his orders; and, on December 15, 2010, a military jury convicted him on a charge of Missing Movement by Design. He was sentenced to six months confinement and dismissed from service. During the sentencing phase of the trial, the prosecution played a video that Lakin had posted online in which he challenged Obama's eligibility. Lakin tearfully responded that the video had been a mistake and that he "would not do this again". Lakin served his time at the Midwest Joint Regional Correctional Facility
Midwest Joint Regional Correctional Facility
The Midwest Joint Regional Correctional Facility is a military prison at at 830 Sabalu Road, Fort Leavenworth, Kansas which opened in 2010.The prison on has a design specification of 512 beds with 43 in special housing and the rest in general housing and dormitory. The prison handles inmates...
at Fort Leavenworth, Kansas; and, on July 28, 2011, the United States Army Court of Criminal Appeals granted Lakin's request to withdraw his case from appellate review.
Theresa Cao
On January 6, 2011, the United States ConstitutionUnited States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
was read on the floor of the House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
. As the section regarding the president's qualifications was being read, Theresa Cao shouted from the gallery, "Except Obama, except Obama. Help us Jesus." Cao was arrested for disrupting Congress.
Indictment attempts using "citizen grand juries"
Some campaigners, led by Carl Swensson, have sought to "finally expose the conspiracy behind President Obama's birth certificate" by forming what they term "citizen grand juriesCitizen grand jury
A citizen grand jury is, in United States parlance, a non-actionable, non-governmental organization that assumes a responsibility upon itself to accuse an individual or groups of individuals of having committed actionable crimes, in a similar aim as that of official grand juries...
" to indict Obama.
The "grand juries" are based on the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
's premise that "no person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury". Although the activists managed to hand out copies of "indictments" to Congressional staff, the courts have not regarded the "citizen grand juries" favorably. In June 2009, a group of 172 campaigners declared themselves to be a "Super American Grand Jury" and voted to charge Obama with treason and accused him of not being a US citizen.
Chief Judge Royce C. Lamberth
Royce C. Lamberth
Royce C. Lamberth is a federal judge in the United States District Court for the District of Columbia, serving as its Chief Judge....
of the United States District Court for the District of Columbia
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
rejected the "indictment" on July 2 and declared: "[T]here is no authority under the Rules of Procedure or in the statutes of the United States for this court to accept [a presentment]... The individuals who have made this presentment were not convened by this court to sit as a grand jury nor have they been selected at random from a fair cross section of this district. Any self-styled indictment or presentment issued by such a group has no force under the Constitution or laws of the United States."