BORN IN THE USA?
Keyes to appeal case on Obama's eligibility
Lawyer says dismissal 'eviscerates' Constitution's rules for president
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Posted: March 26, 2009
11:45 pm Eastern
By Bob Unruh
© 2009 WorldNetDaily
Alan Keyes
A lawsuit filed on behalf of Ambassador Alan Keyes, a candidate for president on California's general election ballot last year, challenging President Obama's eligibility to hold office under the requirements of the U.S. Constitution will be appealed, according to a lawyer working on the case.
WND reported earlier on the case being filed and then again when a judge dismissed it after concluding apparently anyone can run for president on the California ballot – whether or not they are eligible under the Constitution of the United States.
Judge Michael P. Kenny said the secretary of state, who is responsible for elections laws in the state, has no "duty" to demand proof of eligibility from candidates.
But now Gary Kreep of the United States Justice Foundation has confirmed to WND the case will be appealed.
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"The judge's ruling in the case that only Congress and only on Jan. 6 of each year following a presidential election can object as to whether the nominee is eligible to serve as president of the United States is, in our opinion, completely wrong and eviscerates the [Constitutional] requirements for serving as president in the United States Constitution," Kreep said.
Where's the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, join some 350,000 others and sign up now!
"It has been publicly reported that Mr. Obama as far back as 2006 had a relationship to a law firm that was coincidentally researching ways to get around the Article 2 requirements of the U.S. Constitution for service as president," he said.
"This appears to be an ongoing attempt by Mr. Obama to obtain the presidency while avoiding and evading all questions on his eligibility," he said.
President Obama
Kreep said the judge's ruling leaves open the option for any candidate, resident or not, alive or not, to run for the office of president.
"California has a history of removing people from the ballot who are not qualified to run for president," Kreep said. "The most famous case being Eldridge Cleaver."
"It is incumbent upon us here at the USJF to continue this fight to learn the truth," he said.
In the court's decision to dismiss the case, the judge rejected concerns over the problems that could result if a president was found to be ineligible.
"If Mr. Obama is not constitutionally eligible to serve as president of the United States, then no act that he takes is, arguably, valid, the laws that he signs would not be valid, the protective orders that he signs would be null and void, and every act that he takes would be subject to legal challenge, both in courts of the United States of America, and in international courts, and that, therefore, it is important for the voters to know whether he, or any candidate for president in the future, is eligible to serve in that office," the case explained.
The case documents previously explained that in 1968 the Peace and Freedom Party submitted the name of Eldridge Cleaver as a qualified candidate for president. But then-Secretary of State 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."
USJF explained that "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."
The USJF said similarly, in 1984, Peace and Freedom Party candidate Larry Holmes was removed from the ballot.
WND has reported on dozens of legal challenges to Obama's status as a "natural born citizen." The Constitution, Article 2, Section 1, states, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President."
Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama's American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.
Other challenges have focused on Obama's citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.
Further, others question his citizenship by virtue of his attendance in Indonesian schools during his childhood and question on what passport did he travel to Pakistan three decades ago.
Adding fuel to the fire is Obama's persistent refusal to release documents that could provide answers. While his supporters cite an online version of a "Certification of Live Birth" from Hawaii, critics point out such documents actually were issued for children not born in the state.
Keyes has been critical of judges' refusal to listen to evidence in the disputes and suggestions that those who bring such allegations for review should be penalized..
"In the final analysis if the courts refuse to respect the Constitution, they are not the judges of their own action. The people must ultimately decide. Which is why I and others will use every outlet to inform them of the injustice being done not just to individuals but to the sovereign people as a whole," Keyes said.
In a commentary on the dispute, Keyes wrote that the suggestion of sanctions against those who bring up the questions, already raised as an issue by Obama's lawyers in his case, "confirms Obama's ruthless determination to destroy anyone who continues to seek the information the Constitution requires.
"Why should they demand penalties against citizens who are simply seeking the enforcement of the Supreme Law of the Land? It is simply because their persistence runs contrary to the will of a supposedly popular demagogue? This smacks of tyrannical arrogance. That Obama thus signals his intent to bring financial ruin on those who won't accept his cover-up of the circumstances of his birth is a tactical escalation," Keyes said.
"As one of the targets of this escalation, I need no more convincing proof of the ruthless disposition so far successfully masked by his empty rhetoric of hope and change. Obviously he means to offer hope only to those willing to surrender their most basic rights. To any who insist on questioning his actions, he offers the drastic change of ruin and destruction. So be it. We shall be among those who learn firsthand the meaning of the sacrifices made by the Founders of our free republic, as they pledged and gave up their lives, their fortunes and the world's esteem," Keyes said.
Here is a partial listing and status update for some of the cases over Obama's eligibility:
New Jersey attorney Mario Apuzzo has filed a case on behalf of Charles Kerchner and others alleging Congress didn't properly ascertain that Obama is qualified to hold the office of president.
Philip J. Berg, a Pennsylvania Democrat, demanded that the courts verify Obama's original birth certificate and other documents proving his American citizenship. Berg's latest appeal, requesting an injunction to stop the Electoral College from selecting the 44th president, was denied.
Leo Donofrio of New Jersey filed a lawsuit claiming Obama's dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.
Cort Wrotnowski filed suit against Connecticut's secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.
Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public's support.
Chicago attorney Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama's vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.
Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama's eligibility could be confirmed, alleging doubt about Obama's citizenship. His case was denied.
In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.
In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama's citizenship. The case was denied.
In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama's birth certificate. His request for an injunction against Georgia's secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.
California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters. She also has been working on several other cases.
In addition, other cases cited on the RightSideofLife blog as raising questions about Obama's eligibility include:
In Texas, Darrel Hunter vs. Obama later was dismissed.
In Ohio, Gordon Stamper vs. U.S. later was dismissed.
In Texas, Brockhausen vs. Andrade.
In Washington, L. Charles vs. Obama.
In Hawaii, Keyes vs. Lingle, dismissed.
WND senior reporter Jerome Corsi had gone to both Kenya and Hawaii prior to the election to investigate issues surrounding Obama's birth. But his research and discoveries only raised more questions.
The governor's office in Hawaii said there is a valid certificate but rejected requests for access and left ambiguous its origin: Does the certificate on file with the Department of Health indicate a Hawaii birth or was it generated after the Obama family registered a Kenyan birth in Hawaii, which the state's procedures allowed at the time?
