Must Read Excerpt Excerpt from:
http://doctorbulldog.wordpress.com/2008/10/03/obama-to-surrender-long-version-birth-certificate-and-citizenship-paperwork/
Wayne Madsen, Journalist with Online Journal as a contributing writer published an article on June 9, 2008 stating that a
"research team went to Mombassa, Kenya, and located a Certificate Registering the birth of Barack Obama, Jr. to his father, a Kenyan citizen and his mother, a U.S. citizen, attached as EXHIBIT “3”."
Even if Obama was, in fact, born in Hawaii, he lost his U.S. citizenship when his mother re-married and moved to Indonesia with her Indonesian husband. In or about 1966, when Obama was approximately five (5) years old, his mother, Stanley Ann Dunham, married Lolo Soetoro, a citizen of Indonesia, whom she had met at the Hawaii University, and moved to Indonesia with Obama.
"Obama lost his U.S. citizenship, when his mother married Lolo Soetoro, and took up residency in Indonesia. Loss of citizenship, in these circumstances, under U.S. law (as in effect in 1967) required that foreign citizenship be achieved through “application.” Such type of naturalization occurred, for example, when a person acquired a foreign nationality by marriage to a national of that country. Nationality Act of 1940, Section 317(b). A minor child follows the naturalization and citizenship status of their custodial parent. A further issue is presented that Obama’s Indonesian stepfather, Lolo Soetoro, either signed an acknowledgement acknowledging Obama as his son or Lolo Soetoro adopted Obama, giving Obama natural Indonesia citizenship which explains the name Barry Soetoro and his citizenship listed as Indonesian."
Obama admits in his book, “Dreams from my father” Obama’s memoir (autobiography), that after his mother and Lolo Soetoro were married, Lolo Soetoro left Hawaii rather suddenly and Obama and his mother spent months in preparation for their move to Indonesia. Obama admits when he arrived in Indonesia he had already been enrolled in an Indonesia school and his relatives were waiting to meet him and his mother.
"Lolo Soetoro, an Indonesian State citizen, could not have enrolled Obama in school unless Lolo Soetoro signed an acknowledgement acknowledging Obama as his son, which had to be filed with the Government. Under Indonesian law, when a male acknowledges a child as his son, it deems the son, in this case Obama, as an Indonesian State citizen."
Constitution of Republic of Indonesia, Law No. 62 of 1958 Law No. 12 of 2006 dated 1 Aug. 2006 concerning Citizenship of Republic of Indonesia, Law No. 9 of 1992 dated 31 Mar. 1992 concerning Immigration Affairs and Indonesian Civil Code (Kitab Undang-undang Hukum Perdata) (KUHPer) (Burgerlijk Wetboek voor Indonesie) states in pertinent part, State citizens of Indonesia include: (viii) children who are born outside of legal marriage from foreign State citizen mother who are acknowledged by father who is Indonesian State citizen as his children and that acknowledgment is made prior to children reaching 18 years of age or prior to marriage; Republic of Indonesia Constitution 1945, As amended by the First Amendment of 1999, the Second Amendment of 2000, the Third Amendment of 2001 and the Fourth Amendment of 2002, Chapter X, Citizens and Residents, Article 26 states, “(1) Citizens shall consist of indigenous Indonesian peoples and persons of foreign origin who have been legalized [sic] as citizens in accordance with law. (2) Residents shall consist of Indonesian citizens and foreign nationals living in Indonesia.”
Furthermore, under the Indonesian adoption law, once adopted by an Indonesian citizen, the adoption severs the child’s relationship to the birth parents, and the adopted child is given the same status as a natural child, Indonesian Constitution, Article 2.
The laws in Indonesia at the time of Obama’s arrival did not allow dual citizenship.
If an Indonesian citizen married a foreigner, as in this case, Obama’s mother was required to renounce her U.S. citizenship and was sponsored by her Indonesian spouse.
The public schools did not allow foreign students, only citizens were allowed to attend as Indonesia was under strict rule and decreed a number of restrictions; therefore, in order for Obama to have attended school in Jakarta, which he did, he had to be a citizen of Indonesia, as the citizenship status of enrolled students was verified with Government records.
Obama was enrolled by his parents in a public school, Fransiskus Assisi School in Jakarta, Indonesia. Plaintiff has received copies of the school registration, attached as EXHIBIT “4”, in which it clearly states Obama’s name as “Barry Soetoro,” and lists his citizenship as Indonesian. Obama’s father is listed as Lolo Soetoro, Obama’s date of birth and place of birth are listed as August 4, 1961 in Hawaii, and Obama’s Religion is listed as Islam. This document was verified by television show Inside Edition, whose reporter, Matt Meagher, took the actual footage of the school record. At the time Obama was registered the public schools obtained and verified the citizenship status and name of the student through the Indonesian Government. All Indonesian students were required to carry government identity cards, or Karty Tanda Pendudaks, as well as family card identification called a Kartu Keluarga. The Kartu Keluarga is a family card which bears the legal names of all family members.
Since Obama’s birth was legally acknowledged by Lolo Soetoro, an Indonesian citizen, and/or Obama was adopted by Lolo Soetoro, which the evidence attached hereto supports, Obama became an Indonesian citizen and bears the status as an Indonesia natural child (natural-born). For this reason, Obama would have been required to file applications with the U. S. State Department and follow the legal procedures to become a naturalized citizen in the United States, when he returned from Indonesia. If Obama and/or his family failed to follow these procedures, then Obama is an illegal alien. Regardless of whether Obama was officially adopted, (which required a Court process), by his Indonesian stepfather, Lolo Soetoro, or his birth was acknowledged (which only required the signing of a birth acknowledgement form), by Lolo Soetoro, one of which had to occur in order for Obama to have the name Barry Soetoro and his citizenship status listed as “Indonesian”, in either and/or both cases Obama’s name was required to be changed to the Indonesian father’s name, and Obama became a natural citizen of Indonesia. This is proven by the school records in Jakarta, Indonesia showing Obama’s name as Barry Soetoro and his citizenship as Indonesian. Again, the registration of a child in the public schools in Jakarta, Indonesia was verified with the Government Records on file with the Governmental Agencies.
The Indonesian citizenship law was designed to prevent apatride (stateless) or bipatride (dual citizenship). Indonesian regulations recognize neither apatride nor bipatride citizenship.
In addition, since Indonesia did not allow dual citizenship neither did the United States, Hague Convention of 1930.
In or about 1971, Obama’s mother sent Obama back to Hawaii. Obama was ten (10) years of age upon his return to Hawaii.
As a result of Obama’s Indonesia “natural” citizenship status, there is absolutely no way Obama could have ever regained U.S. “natural born” status, if he in fact ever held such. Obama could have only become naturalized if the proper paperwork was filed with the U.S. State Department, in which case, Obama would have received a Certification of Citizenship.
Plaintiff is informed, believes and thereon alleges Obama was never Naturalized in the United States after his return. Obama was ten (10) years old when he returned to Hawaii to live with his grandparents. Obama’s mother did not return with him, and therefore, unable to apply for citizenship of Obama in the United States. If citizenship of Obama had ever been applied for, Obama would have a Certification of Citizenship.
Furthermore, Obama traveled to Indonesia, Pakistan and Southern India in 1981. The relations between Pakistan and India were extremely tense and Pakistan was in turmoil and under martial law. The country was filled with Afghan refugees; and Pakistan’s Islamist-leaning Interservices Intelligence Agency (ISI) had begun to provide arms to the Afghan mujahideen and to assist the process of recruiting radicalized Muslim men–jihadists–from around the world to fight against the Soviet Union. Pakistan was so dangerous that it was on the State Department’s travel ban list for US Citizens. Non-Muslim visitors were not welcome unless sponsored by their embassy for official business. A Muslim citizen of Indonesia traveling on an Indonesian passport would have success entering Indonesia, Pakistan and India. Therefore, it is believed Obama traveled on his Indonesian passport entering the Countries. Indonesian passports require renewal every five (5) years. At the time of Obama’s travels to Indonesia, Pakistan and India, Obama was twenty (20) years old. If Obama would have been a U.S. citizen, which he was not, 8 USC §1481(a)(2) provides loss of nationality by native born citizens upon “taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state…after having attained the age of eighteen years”, in violation of 8 U.S.C. §1401(a)(1) Since Lolo Soetoro legally acknowledged Obama as his son and/or adopted Obama, Obama was a “natural” citizen of Indonesia, as proven by Obama’s school record attached as Exhibit “4”.
Plaintiffs as well as many other democratic American citizens have requested proof of Obama’s citizenship status, however to no avail. Obama has promised to be an open and honest candidate, however, refuses to remove any doubts from Plaintiff’s and all the other democratic minds and prove his eligibility to serve as President of the United States.
Plaintiff’s civil rights under the due process rights and equal protection of the laws secured by the U.S. Constitution, Fourteenth (14th) Amendment have been violated by Obama’s illegal campaign and will continue to be violated if Obama is allowed to continue his campaign and if elected, assume the position of President of the United States. The DNC and FEC have allowed Obama to continue his campaigning, knowing these issues have arisen and have failed to take and/or instigate the proper investigation into said matters to protect Plaintiff and other registered voters. Therefore, the only option Plaintiff had to secure and protect his civil rights was to bring action before this Honorable Court. Moreover, our laws which protect Plaintiff, a legal registered voter, and other registered voters from fraudulent campaign schemes have been violated by the Defendants, 2 U.S.C. §437c, 2 U.S.C §437(g). Plaintiff has standing to bring suit pursuant to 5 U.S. C §702, as well as 8 U.S. C §1481(b).
Plaintiff’s rights guaranteed under the Liberty clause of the Fourteenth (14th) Amendment of the United States Constitution have already been violated. It has been announced in the main stream media that Obama’s “briefing” has already begun into our National Secrets, our Nations Top Secrets, which Obama is not privy too and in violation of our National Security, as Obama is not a legal citizen of the United States. This has placed Plaintiff and other citizens of the United States in grave danger. Plaintiff’s Liberty as guaranteed will further be violated if Obama is allowed to be voted into and assume the position of President of the United States; Plaintiff will be further damaged and is in serious jeopardy.
Plaintiff filed the within action on or about August 21, 2008 against Defendants seeking Declaratory and Injunctive Relief, declaring Obama an illegal alien and/or only a “naturalized” citizen ineligible to serve as President of the United States and enjoining the DNC and FEC from placing Obama’s name on the ballot and prohibiting Obama from further campaigning to be elected as President of the United States, a position he is ineligible to hold. Plaintiff faxed a copy of the complaint to Obama, the DNC and FEC on August 22, 2008 prior to the hearing on the TRO before this Honorable Court. Defendants were further served by personal service on September 4, 2008. Neither the DNC nor Obama have supplied any type of proof of Obama’s citizenship status and/or eligibility to serve as President of the United States. Instead, they waited until the last hour and filed their Motion to Dismiss.
Plaintiff has asked for a simple resolution. Plaintiff has asked that Obama supply a genuine certified copy of his original long version “vault” Birth Certificate and a certified copy of his Oath of Allegiance and/or Certificate of Citizenship. If in fact Obama can prove his “natural born” citizenship status, which he cannot, then he has not been prejudiced in anyway, but instead Plaintiff has been protected and his civil rights secured. However, if Obama is unable to supply said documentation, then he needs to withdrawal his candidacy, again which will eliminate Plaintiff’s deprivations and instill Plaintiff’s constitutionally protected safeguards and rights.
There is absolutely no other way for Plaintiff to ensure his constitutionally protected rights. The only option Plaintiff had was to bring this action. This is the first time in American History a “naturalized” citizen and/or illegal alien have been allowed to campaign for the Office of President of the United States. There are not any other ways to establish or determine the legal status of our Presidential Candidates, whether Republican and/or Democratic. The FEC and DNC have refused to verify and furnish Plaintiff with Obama’s eligibility or lack thereof. Plaintiff has standing to challenge any person(s) citizenship and/or nationality status pursuant to statute, 8 U.S. C. §1481(b).
The Federal Bureau of Investigation (FBI) does not perform background checks and/or verify their eligibility on our Candidates to hold Office. According to the FBI, once a candidate is voted into Office of Congress, they are members of Congress and therefore they are given a Secret Clearance, again, without any type of background check and/or verification processes performed.
Plaintiff, as well as other Democratic voters have and are suffering the total loss of confidence in the DNC primary process because of the massive cheating and skewering of rules to make an illegitimate ineligible candidate the nominee in violation of DNC rules and the Constitution, robbing voters of their voices and votes. Plaintiff and millions of other Democratic voters have lost all trust in the integrity of the FEC and Democratic Party leaders by the total failure of the DNC to perform the most basic of functions by insisting any candidates produce basic documents in vetting their eligibility, especially after there were repeated requests demanding Obama’s eligibility be proven with certified legitimate documents which had not been forged. This failure to performeven the most basic of due diligence has shattered Plaintiff’s faith, along with millions of Democratic voters, in the Democratic system.
Plaintiff has been damaged financially for all monies donated, billable hours spent supporting the Democratic candidates, taxes paid by Plaintiff which went to the Secret Service for their protection of Obama for the past twenty (20) months and for the financial costs and time expended of this litigation, when Defendants could have very easily investigated, verified and obtained proof of Obama’s eligibility to serve as President of the United States, if in fact he is eligible.
Plaintiff has suffered damage to his reputation and discrimination as a result of attempting to protect his rights and verify the eligibility of Obama to serve as President of the United States. Plaintiff has been repeatedly called a racist and verbally assaulted for bringing forward this lawsuit against Obama. Plaintiff is not a racist and is a paid Life Member of the NAACP. Obama himself stated to a crowd of his supporters, “I need you to go out and talk to your friends and talk to your neighbors. I want you to talk to them whether they are independent or whether they are Republican. I want you to argue with them and get in their face“, see the newspaper article published in the San Francisco Gate, by Kathleen Hennessey, Associated Press Writer, on September 17, 2008, attached as EXHIBIT “5″. Obama is promoting attacks on non-supporters, which is creating racial tension and violence in our communities.
Plaintiff has attempted to obtain the verification and proof requested herein by way of requests, filing this action, Admissions and Request for Production of Documents served upon Defendants September 15, 2008 and by Subpoenas served upon agencies who could supply the documentation to prove Obama’s citizenship status. To date, Plaintiff has not received anything. Plaintiff has received two (2) letters from agencies that were served with subpoenas claiming they need Obama’s signatures to comply and/or the confidentiality of the documents were protected from disclosure to third parties under 5 U.S. C. § 552. See EXHIBITS “6” and “7”.
B. THIS HONORABLE COURT HAS SUBJECT MATTER JURISDICTION AS PLAINTIFF HAS STANDING TO BRING THE WITHIN ACTION
The DNC and Obama have filed a Motion to Dismiss based on Federal Rules of Civil Procedure, Rule 12(b)(1), claiming this Court does not have subject matter jurisdiction as Plaintiff lacks standing. This claim is inaccurate, as this Court does have subject matter jurisdiction and has the inherent power to hear this case.