TEMPLATE FOR THE MILITARY COMPLAINT AGAINST BARACK OBAMA

(Text in this Complaint has been updated to reflect the changes related to BO’s ‘Presidential’ status since the initial posting.)

IN THE UNITED STATES DISTRICT COURT
FOR THE *DISTRICT OF *
*DIVISION

Plaintiffs,

v.

BARACK HUSSEIN OBAMA, a/k/a
BARRY SOETORO,
Defendant

CIVIL ACTION
NO.:

COMPLAINT FOR DECLARATORY RELIEF


SUMMARY OF THE CASE

Plaintiffs *, *, and * all served proudly in the United States military and were honorably discharged from active duty status subject to recall. On entering the service, these men swore a solemn oath to “support and defend the Constitution of the United States against all enemies, foreign and domestic” and to “bear true faith and allegiance to the same” and to “obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice.” So help them God. At all times in the past, they have faithfully served their country consistent with this sacred oath. And while it is true that, the Uniform Code of Military Justice metes out penalties for failure to carry out the mandates of this oath; this threat of adverse consequences is not what has motivated these men to put their lives on the line for their country. Rather, it was their deep abiding faith in our Constitutional Republic that formed the basis of this allegiance. However, on January 20, 2009, once Defendant Barack Hussein Obama is sworn in as the 44th President of the United States, their faith and allegiance will be tested as never before. Because having closely monitored events related to this latest election cycle, Plaintiffs now share grave concerns as to whether Defendant is eligible for the job. Specifically, under Article II, Section I of the United States Constitution, is he a “natural born citizen”?

Back in December 2007, in the document he submitted to the Secretary of State of Arizona announcing he would participate in that state’s February Presidential nominating primary, Defendant did “solemnly swear” he was a “natural born citizen.” But by June 2008, he publicly acknowledged concerns as to his Constitutional eligibility for the job. At that time, he created an internet web site entitled “Fight the Smears,” with this stated purpose: to “spread the truth.” For example, here’s what Defendant posted on that site to address rumors he held dual U.S./Kenya citizenship.

“When Barack Obama Jr. was born on Aug. 4, 1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.’s children.
Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4, 1982.”

But being born with dual U.S./Britain citizenship means he is not a natural born citizen.

To address rumors he was not a U.S. citizen, Defendant posted information under the heading, “The Truth About Barack’s Birth Certificate.” Below was the photocopy of a document entitled “Certification of Live Birth,” State of Hawaii, with this added caption: “Barack Obama’s Official Birth Certificate.” Unlike a regular Certificate of Live Birth, which is filled with several boxes containing information like baby’s height and weight; the name of the hospital in which he was born; and the signature of the doctor attending the delivery, this Certification contains little more information excerpted from the original than the names of Defendant’s father and mother and that he was born in 1961 on the Island of Oahu. Yet he insisted posting this document established once and for all he was born in Hawaii. Only, in 1961, Hawaiian Revised Statutes §338-17.8 provided that the director of health may issue a Hawaiian Birth Certificate for a child born outside of the country as long as the child’s parents declared the State of Hawaii was their legal residence for at least one year immediately preceding the birth of the child.

In other words, under Hawaiian law, Defendant could have obtained a Certificate of Live Birth showing he was born in Hawaii even if that isn’t where he was born. Indeed, Hawaiian officials did say recently they have Defendant’s original Certificate of Live Birth but they did not say it shows he was born in Hawaii. He could also have been issued a Certificate of Live Birth that proves he was born in another country. Of course, being born in another country means, he is not a natural born citizen.

Mr. Obama also insisted this Hawaiian Certification he posted on the internet establishes he is a “native citizen.” Why did he swear to the Secretary of State in Arizona he is a “natural born citizen”? Having taught Constitutional Law, surely Defendant knows the difference between “native” and “natural born”; and that being only native born makes him ineligible to be President.

Defendant prominently displays on his site the logo for the organization called FactCheck, linking his site to their web page. FactCheck explained that Mr. Obama’s campaign made a copy of his “birth certificate” public after speculation by people they characterized as “conservative bloggers” that he might not be a “natural-born citizen.” Reminding everyone they are a “nonpartisan, nonprofit “consumer advocate” for voters,” they assured the public, Mr. Obama was born in the U.S.A. But this is untrue. In fact, the real name of FactCheck is Annenberg Political Fact Check. And Annenberg Political Fact Check is wholly funded by the Annenberg Foundation. That’s the same outfit that hired Mr. Obama to Chair the Board of their Chicago Annenberg Challenge, and handed over to him tens of millions of Mr. Annenberg’s dollars which he then doled out to community groups like ACORN and Bill Ayers’ Small Schools Workshops in a failed attempt to raise test scores of students enrolled in Chicago public schools.

Nevertheless, despite these long-standing close ties between Defendant and Annenberg, when voters contacted members of the U.S. Senate and House of Representatives with concerns as to whether Defendant is a natural born citizen, these members of Congress assured their constituents, there was nothing to worry about because the “non-partisan” FactCheck has confirmed his qualifications. And, in his latest response to a lawsuit questioning his eligibility, Mr. Obama ask the court to note that FactCheck – he even cites the web address – posted he’s for real.

On the other hand, if both of Mr. Obama’s parents were American citizens and Defendant was actually born in Hawaii, these facts alone fail to establish he is a natural born citizen.

In his memoir, Dreams from my Father, Defendant wrote that his mother married Lolo Soetoro, whom he calls his stepfather, when he was 4 years old, and moved her son to Mr. Soetoro’s native Indonesia. He remained silent throughout the book as to whether he was adopted. But during that time, only Indonesian citizens were allowed to attend school; and last year, the Associated Press released a copy of his elementary school registration. This document records his name is Barry Soetoro – he wrote he was called Barry as a child – and it lists his nationality is Indonesian. Indonesia did not allow dual citizenship; American law on dual citizenship deferred to the law of the foreign sovereign. In other words, being adopted by Lolo Soetoro would make him a citizen of Indonesia, and he would no longer be an American citizen.

Defendant’s mother brought him back to Hawaii at age 10. If he passed through U.S. Customs and Immigration on re-entering the country, now he would be a “naturalized” but not “natural born citizen.” And naturalized citizens are Constitutionally ineligible to be President. She left him in Hawaii with her father and mother, where he remained until attending Occidental College, in California. Last April, at a private fundraiser in that state, he let slip that in 1981, on a break from college, he spent a few weeks in Pakistan. Does the passport he presented that allowed his entrance into that country show whether he was a citizen of the United States of America; or Kenya; or Indonesia?

Despite all of these unanswered questions as to his Constitutional eligibility to occupy the Oval Office, Defendant nonetheless managed to become the nominee for President of the Democratic Party when super delegates supported him in direct proportion to money he donated to their political campaigns, while his opponent, Senator Clinton, amassed the majority of the popular votes cast in the primary and earned more pledged delegates from votes cast for her than for him. And he got (the names of his Electors) onto the general election ballot in all 50 states and the District of Columbia; and received the majority of popular votes cast in the general election.

Two days after the election, Detroit radio talk-show hosts Mike Clark, Trudi Daniels, and Marc Fellhauer on WRIF’s “Mike in the Morning” show called Honorable Peter Ogego, Kenyan Ambassador to the U.S., at the Embassy of Kenya in Washington, D.C. for reaction to his countryman being elected the American President. Ambassador Ogego was understandably proud. He proclaimed that the President’s “birthplace” in Kenya is “already an attraction.” Asked whether the Kenyan government intended to identify the spot with some sort of marker, the Ambassador assured the interviewers, the site is “already well known.”

Again, being born in Kenya means, Mr. Obama cannot be President because he is not a natural born citizen.

Members of the Electoral College, long-time loyalists and activists selected by the Democratic Party cast their votes for President on December 15. They went along with their Party. Congress counted and certified these Electoral Votes on January 8. Still, no proof exists Defendant is a natural born citizen.

Being a natural born citizen is a Constitutional prerequisite to being President but Defendant has failed to establish he is eligible for the job. Plaintiffs, haunted by well-founded concerns as to whether he is a natural born citizen are confronted with this untenable Hobson’s choice. Does the fact he was sworn in as President on January 20 mean, they must now honor their vows to protect and defend the Constitution by disobeying what could be an illegal order issued by the man unlawfully acting as Commander in Chief, thereby facing certain discipline under the Uniform Code of Military Conduct up to and including prosecution for crimes punishable by imprisonment or execution? Or, should they face such discipline by obeying an order that in fact, is illegal, in violation of the sacred oath they took on behalf of their country?

PARTIES

1. Plaintiff * served as a Lieutenant Colonel in the United States Air Force Reserve, Medical Corp. Lieutenant Colonel * is the recipient of several service awards including the Air Force Outstanding Unit with Valor; and Meritorious Service Award. Honorably discharged from active duty status, he is subject to recall. * resides at *.

2. Plaintiff * served as a Colonel in the U.S. Army. Colonel *is the recipient of several service awards including the Silver Star, the Bronze Star, and the Legion of Merit. Honorably discharged from active duty status, he is subject to recall. * resides at *.

3. Plaintiff * served as a Specialist 4th Class in the U.S. Army. Specialist *is the recipient of several service awards including the Army Service Ribbon and Good Conduct Medal. Honorably discharged from active duty status, he is subject to recall. * currently resides at *.

4. Defendant Barack Hussein Obama was the candidate for President under the Democratic Party. He is the winner of the votes cast by the Electoral College on December 15, 2008 as counted and Certified by Congress on January 8, 2009. On January 20, 2009 he was sworn in as the 44th President of the United States of America. His current office address is the White House, 1600 Pennsylvania Avenue, NW, Washington, D.C., 20500.

JURISDICTION AND VENUE

5. This court has subject matter jurisdiction over this claim pursuant to the Uniform Code of Military Justice, 10 U.S.C. chapter 47; and the Declaratory Judgment Act, 28 U.S.C. §2201.

6. Venue is proper under 28 U.S.C. §1391 because Parties have substantial ties to the *District of *.

FACTUAL ALLEGATIONS

7. Upon entering the service, Plaintiffs swore a solemn oath to “support and defend the Constitution of the United States against all enemies, foreign and domestic” and to “bear true faith and allegiance to the same” and to “obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”
8. Under the U.S. Constitution, Article II, Section I, the President of the United States must be a natural born citizen or a citizen at the time of the adoption of the Constitution.
9. Defendant was not a citizen at the time of the adoption of the Constitution.
10. The President is the only federal office holder who must be a natural born citizen.
11. No provision of federal or state law requires the candidate for President to prove he is a natural born citizen.
12. No provision of federal or state law requires government officials to verify the candidate for President is a natural born citizen.
13. Plaintiffs have been unable to confirm that any government official verified Defendant is a natural born citizen.
14. Plaintiffs share grave concerns as to whether Defendant is a natural born citizen.
15. The maiden name of Defendant’s mother was Stanley Ann Dunham.
16. Ms. Dunham was a citizen of the United States at the time of his birth.
17. Defendant’s mother married Barack Hussein Obama (Sr.) in February, 1961.
18. Mr. Obama, Sr. was a national of Kenya, a colony of Great Britain.
19. His citizenship was governed by the British Nationality Act of 1948.
20. Defendant was born in August, 1961.
21. Defendant’s father and mother divorced in 1964.
22. In their divorce papers, his father acknowledged paternity of Defendant.
23. Under the British Nationality Act of 1948, Defendant became a British citizen at birth.
24. In June 2008, Defendant created an internet web site entitled “Fight the Smears” stating his purpose was to counter “rumors” about his citizenship status.
25. On that site, he posted these facts: his biological father was a Kenyan national; in 1961, Kenya was a colony of the British Empire; and under British law, he inherited British citizenship.
26. Defendant explained this meant he was born with dual U.S./Kenya citizenship.
27. In 1995, Defendant published a memoir entitled Dreams from my Father.
28. He wrote his biological father and mother were divorced and she married Lolo Soetoro, an Indonesian national.
29. His mother and he left Hawaii to live in Indonesia.
30. He wrote his mother gave birth to his sister, Maya Soetoro.
31. He calls Mr. Soetoro his “stepfather.”
32. He writes as a child, he was known as Barry.
33. He writes in Indonesia, he attended a Catholic elementary school.
34. In August 2008, Associated Press reporter Tatan Fyuflana posted an image of a registration form for a student named Barry Soetoro at the Fransiskus Assisi School in Jakarta, Indonesia.
35. In that school registration form, the name of the father of Barry Soetoro was listed as Lolo Soetoro.
36. On the form, the Nationality of Barry Soetoro was listed as Indonesian.
37. Under Indonesian law, the child adopted by an Indonesian father is Indonesian.
38. Indonesian law at that time disallowed dual citizenship.
39. U.S. law on dual citizenship deferred to the law of the foreign sovereign.
40. Under Hawaiian law, an adoption by a foreigner of a minor whose birth is registered in Hawaii resulted in the issuance of a new Certification of Live Birth issued in the name of the child’s adoptive father.
41. Defendant’s mother divorced his stepfather in 1980.
42. Divorce records showed two issues from the marriage with Mr. Soetoro, a child under 18 and a child over 18.
43. Defendant writes his mother moved him out of Indonesia when he was 10 and repatriated him to Hawaii to live with his maternal grandparents.
44. He writes he lived in Hawaii until enrolling in Occidental College in California.
45. Defendant announced at a fundraiser in San Francisco in April 2008 that while in college, he left the United States for a visit to Pakistan.
46. Asked about this disclosure of that Pakistan trip by ABC News, Defendant’s campaign confirmed he spent 3 weeks in Pakistan in 1981.
47. When he returned from his Pakistan trip, Defendant presented his passport to re-enter the United States.
48. In 1996, Defendant won election to the state senate in Illinois.
49. In 2005, Defendant won election to the U.S. Senate.
50. In 2006, while a member of the U.S. Senate, Defendant visited Kenya.
51. While in Kenya, he campaigned alongside fellow Luo, Raila Odinga, running for the Office of President of Kenya.
52. In 2007, Defendant announced he was running for the Office of President of the United States.
53. The Democratic Party named Nancy Pelosi, Democrat from California, the Speaker of the U.S. House of Representatives, as the Chair of the 2008 Democratic National Convention.
54. Senator Hillary Clinton won the majority of popular votes cast in the Democratic Presidential Primary.
55. Primary votes cast for Senator Clinton resulted in more pledged delegates for her than for Defendant.
56. Super delegates supporting Defendant enabled him to reach the requisite delegate votes to secure the Party’s nomination.
57. In August 2008, Ms. Pelosi signed an Official Certification of Nomination distributed to the chief elections officials in 49 states and the District of Columbia which read, “THIS IS TO CERTIFY that at the National Convention of the Democratic Party of the United States of America, held in Denver, Colorado on August 25 through 28, 2008, the following were duly nominated as candidates of said Party for President and Vice President of the United States respectively: For President of the United States, Barack Obama…”
58. Ms. Pelosi signed a separate Certification of Nomination for the State of Hawaii in which she added a Certification of Constitutional eligibility for office which read, “THIS IS TO CERTIFY that at the National Convention of the Democratic Party of the United States of America, held in Denver, Colorado on August 25 through 28, 2008, the following were duly nominated as candidates of said Party for President and Vice President of the United States respectively and that the following candidates for President and Vice President of the United States are legally qualified to serve under the provisions of the United States Constitution: For President of the United States, Barack Obama…”
59. Hawaii Revised Statutes §11-113 requires that the political party of a candidate must provide a statement that the candidate is legally qualified to serve as President under the provisions of the United States Constitution.
60. Elections officials in each of the 50 states and the District of Columbia put Defendant’s name onto the general election ballot as the Democratic candidate for President.
61. Democratic Party officials in each of the 50 states and the District of Columbia chose Electors from among long-standing Party activists and loyalists.
62. State Party officials submitted their slate of Democratic Electors to the elections officials for placement on the ballot.
63. Electors for Defendant won the popular vote in the general election for President on November 4, 2008.
64. Two days after the election, Honorable Peter Ogego, Kenyan Ambassador to the U.S., told an American radio station that Defendant’s birthplace in Kenya is “already an attraction.”
65. The Ambassador assured the interviewers even without a formal government marker, the site is “already well known.”
66. Members of the Electoral College cast their votes for Defendant for President on December 15, 2008.
67. Members of the U.S. Congress counted and Certified the votes cast by the Electoral College on January 8, 2009.
68. In December 2007 Defendant submitted a signed statement to the Secretary of State of Arizona indicating he would seek nomination as a candidate for the Office of President from the Democratic Party, swearing he is a “natural born citizen of the United States.”
69. In June 2008 Defendant insisted on his “Fight the Smears” web site he can prove he is a “native citizen.”
70. He posted the photocopy of a document he wrote was “Barack Obama’s Official Birth Certificate.”
71. The words “Department of Health,” “State of Hawaii, U.S.A.,” and “Certification of Live Birth” were printed across the top of the photocopy.
72. This “Certification” identified his father is Barack Hussein Obama, whose race is listed as African; his place of birth is Hawaii; and his date of birth is August, 1961.
73. In 1961, Hawaiian Revised Statutes §338-17.8, Certificates for children born out of State, provides that the director of health may issue a Hawaiian Birth Certificate for a child born outside of the country as long as the child’s parents declared the State of Hawaii as their legal residence for at least one year immediately preceding the birth of the child.
74. Defendant prominently displays on his “Fight the Smears” site the logo for the organization called FactCheck, linking his site to their web page.
75. According to their web site, FactCheck.org is “a nonpartisan, nonprofit “consumer advocate” for voters that aims to reduce the level of deception and confusion in U.S. politics.”
76. The complete name of FactCheck is Annenberg Political Fact Check.
77. FactCheck was created and is funded by the Annenberg Foundation.
78. The Annenberg Foundation previously hired Mr. Obama to Chair the Board of their Chicago Annenberg Challenge (“CAC”).
79. The stated mission of the CAC was to fund programs that could raise the test scores of students enrolled in Chicago public schools.
80. As Chair of the CAC, Mr. Obama doled out tens of millions of Foundation dollars to community groups like ACORN and Bill Ayers’ Small Schools Workshops.
81. Test scores failed to measure any improvement as compared to students not involved with the Challenge.
82. FactCheck operates out of the Annenberg Public Policy Center at the University of Pennsylvania.
83. FactCheck.org posted on their web site that in Defendant’s campaign offices in Chicago, FactCheck staffers saw the original of the Certification posted on Defendant’s web site.
84. FactCheck called this Certification a “short-form Birth Certificate.”
85. FactCheck alleged the State of Hawaii does not offer the option of requesting a long form Birth Certificate.
86. On November 1, 2008, just 3 (three) days before the general election, FactCheck posted a notice alleging the director of Hawaii’s Department of Health confirmed that Mr. Obama was born in Honolulu.
87. Plaintiffs are unable to find any evidence that any official from Hawaii made this statement FactCheck attributed to them.
88. The disclaimer at the bottom of the FactCheck.org web site specifically states that the University of Pennsylvania is not responsible for the material they put out.
89. The disclaimer at the bottom of the FactCheck.org web site specifically states that only FactCheck staff are responsible for representations made by FactCheck.
90. Constituents contacted members of Congress expressing concerns whether Barack Obama is a natural born citizen as required by the U.S. Constitution for the Office of President.
91. In response to concerns raised by his constituents, U.S. Senator Harry Reid, Democrat Majority Leader from Nevada, claimed “Barack Obama was born on August 4, 1961, in Honolulu, Hawai’i.”
92. Senator Reid wrote that “his birth certificate is available on the Web site for the nonpartisan, nonprofit Annenberg Political Fact Check: http://www.factcheck.org.”
93. Responding to the concerns raised by his constituents, U.S. Senator Robert Menendez, Democrat from New Jersey told constituents, “The non-partisan organization Political Fact Check (this group monitors the factual accuracy of political information) has examined Mr. Obama’s birth certificate and they report that it is valid and he is a U.S. citizen. I have included a link to a Newsweek article that was written on this subject and includes links to pictures of the birth certificate (http://www.newsweek.com/id/154599).”
94. He concluded, therefore, Mr. Obama is a natural born citizen.
95. Newsweek credits that article which Senator Menendez asked constituents to read, to a member of FactCheck.org staff.
96. Responding to the concerns raised by his constituents, U.S. Representative Jay Inslee, Democrat from Washington said that President-Elect Obama has indeed provided his actual paper Certification of Live Birth to “the Annenberg Foundation’s non-partisan “Factcheck.org” website.”
97. He wrote that “the director of Hawaii’s Department of Health confirmed on Oct. 31 that Obama was born in Honolulu and that he is therefore eligible to hold the office of President.”
98. Responding to the concerns of his constituents, U.S. Senator Herb Kohl, Democrat from Wisconsin said “Hawaii became a state on August 21st, 1959 and President-elect Barack Obama was born in Hawaii in 1961, making him a United States citizen at birth under the first section of the 14th Amendment to the Constitution.”
99. Senator Kohl also wrote that President-elect Obama’s birth certificate has been made public, and is widely available online; and that “this document has been authenticated by a variety of sources, including the Hawaii Department of Health and the Annenberg Public Policy Center.”
100. Responding to concerns raised by her constituents, U.S. Representative Tammy Baldwin, Democrat from Wisconsin wrote that Mr. Obama “posted his birth certificate on his
campaign website indicating he was born in Honolulu, Hawaii in 1961.”
101. She further stated that “media accounts report that Hawaiian officials verified health department records and determined there is no doubt that Mr. Obama was born in Hawaii.”
102. Responding to concerns raised by his constituents, U.S. Representative John Sarbanes, Democrat from Maryland said state officials in Hawaii have confirmed that their records indicate President-elect Obama was born in Hawaii.
103. Responding to concerns raised by his constituents, U.S. Representative F. James Sensenbrenner, Jr., Democrat from Wisconsin stated that “claims that Mr. Obama is constitutionally ineligible for the nation’s highest office are unfounded,” and “No credible evidence has surfaced to call into question his eligibility to run.”
104. Responding to concerns raised by his constituents, U.S. Senator David Vitter, Republican from Louisiana wrote that “Hawaii state officials have verified that President-elect Obama was born in Honolulu on August 4, 1961, making him a natural born citizen.”
105. Responding to the concerns raised by his constituents, U.S. Representative Steven LaTourette, Republican from Ohio said, “Hawaii state officials say they have checked health department records and confirmed that there is no doubt that the president elect was born in Hawaii.”
106. Representative LaTourette advised, “The Secretary of State of each state holds the responsibility of verifying that each presidential candidate meets the requirements as
outlined in the U.S. Constitution.”
107. Responding to the concerns raised by his constituents, U.S. Senator Jim Inhofe, Republican from Oklahoma said “with regard to Senator Obama’s birth certificate, in June 2008, Senator Obama produced a certificate of live birth from the State of Hawaii Department of Health…”
108. Senator Inhofe added that “Hawaii’s Health director verified the Health Department has Senator Obama’s original birth certificate on file.”
109. Responding to the concerns raised by his constituents, U.S. Senator Sherrod Brown, Democrat from Ohio said “President-Elect Obama has provided several news organizations with a copy of his birth certificate, showing he was born in Honolulu, Hawaii on August 4, 1961.”
110. Senator Brown wrote that “Hawaii became a state in 1959, and all individuals born in Hawaii after its admission are considered natural-born United States citizens.”
111. He also alleged that the “Hawaii State Health Department recently issued a public statement verifying the authenticity of President-Elect Obama’s birth certificate.”
112. Responding to the concerns raised by his constituents, U.S. Senator Jeff Sessions, Republican from Alabama said lawsuits have been filed alleging that Mr. Obama is not a natural born citizen of the United States, and therefore is constitutionally ineligible for the office; and that “Senate ethics rules preclude him from becoming personally involved in pending litigation.”
113. Responding to the concerns raised by his constituents, U.S. Senator Carl Levin, Democrat from Michigan said, “President-elect Obama was born in Hawaii as documented by his
official birth certificate. He is, therefore, a natural born citizen of the United States.”
114. Responding to the concerns raised by her constituents, U.S. Senator Barbara Mikulski, Democrat from Maryland said, “The Fourteenth Amendment to the Constitution states that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States. Since President-elect Obama was born in Hawaii two years after it was admitted as the 50th state, he is a natural-born citizen.”
115. She added, “He has released a copy of his birth certificate and it has been authenticated by experts.”
116. Responding to the concerns raised by his constituents, U.S. Senator Mike Crapo, Republican from Idaho said, “The Constitution and federal law require that, among other things, only native-born U.S. citizens (or those born abroad, but only to parents who were both American citizens) may be President of the United States.”
117. Senator Crapo wrote, “Furthermore, both the Director of Hawaii’s Department of Health and the state’s Registrar of Vital Statistics recently confirmed that Mr. Obama was born in Honolulu, Hawaii on August 4, 1961 and, as such, meets the constitutional citizenship requirements for the presidency.”
118. Under the U.S. Constitution, the President is the Commander in Chief of the armed forces.
119. Under the Uniform Code of Military Justice, questioning or defying the authority of the Commander in Chief subjects Plaintiffs to Court Martial and discipline up to and including execution.
120. Under the Uniform Code of Military Justice, refusal to obey an order from a superior officer during war time subjects Plaintiffs to Court Martial and discipline up to and including execution.
121. Under the Uniform Code of Military Justice, delivering an illegal order subjects Plaintiffs to Court Martial and discipline up to and including execution.

FIRST CAUSE OF ACTION
Declaratory Relief

122. Plaintiffs hereby incorporate paragraphs 1 through 121 as if fully set forth herein.
123. Given that Defendant’s father was a British/Kenyan national, then Plaintiffs have a good faith belief and understanding he is not a natural born citizen and, therefore, in honoring both the letter and spirit of their oath under the Uniform Code of Military Justice, are liable to discipline including but not limited to imprisonment and execution.

Wherefore, Plaintiffs pray this Court will Declare whether under Article II, Section I of the U.S. Constitution, Defendant is a natural born citizen.

SECOND CAUSE OF ACTION
Declaratory Relief

124. Plaintiffs hereby incorporate paragraphs 1 through 123 as if fully set forth herein.
125. Assuming Defendant’s father was a U.S. citizen but Defendant was born outside of the United States of America, then Plaintiffs have a good faith belief and understanding he is not a natural born citizen and, therefore, in honoring both the letter and spirit of their oath under the Uniform Code of Military Justice, are liable to discipline including but not limited to imprisonment and execution.

Wherefore, Plaintiffs pray this Court will Declare whether under Article II, Section I of the U.S. Constitution, Defendant is a natural born citizen.

THIRD CAUSE OF ACTION
Declaratory Relief

126. Plaintiffs hereby incorporate paragraphs 1 through 125 as if fully set forth herein.
127. Assuming Defendant’s father was a U.S. citizen; that he was born in the United States of America; and that his mother married Lolo Soetoro, an Indonesian national; then Plaintiffs have a good faith belief and understanding he became an Indonesian national and not a natural born citizen and, therefore, in honoring both the letter and spirit of their oath under the Uniform Code of Military Justice, are liable to discipline including but not limited to imprisonment and execution.

Wherefore, Plaintiffs pray this Court will Declare whether under Article II, Section I of the U.S. Constitution, Defendant is a natural born citizen.

ADDITIONAL RELIEF REQUESTED

Wherefore, Plaintiffs pray this Court will award Plaintiffs reasonable costs and expenses of this action, including attorney’s fees, and further relief as this Court shall deem just and equitable.

Date: January 20, 2009 RESPECTFULLY SUBMITTED,

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53 Responses to TEMPLATE FOR THE MILITARY COMPLAINT AGAINST BARACK OBAMA

  1. Mick says:

    JBJD,
    I think VP also has to be a NBC (#10 in “actual allegations”). I just happened to read this over after hearing about the Lt. that joined Orly’s suit.
    I have read some people say that this officer could find himself in hot water with the military courts for treason. I remember that Donofrio had said (and you also) that as long as he followed any orders that came down he would be OK. What is your take on this soldier (Easterling).
    Mick

    Mick: Here is a portion of a comment I posted on another blog.

    “People, I cannot imagine anyone wants BO out of the White House more than me. But even though I have been criticized in the past for saying this, at this point, no one “knows” he is not a NBC. Because no governmental actor in our Constitutional republic authorized to make such a determination, has done so. The EC could have said he is not a NBC; a S of S of any state could have said this (though not required to vet him); a court of law could say this; or a state AG can say this. Anyone authorized to investigate a complaint of fraud; or to hear a lawsuit for Declaratory Relief; or to put names onto the general election ballot. See?

    Trust me; soon, someone in a position to make this determination, will do so. Until then, please, caution our military not to refuse to obey orders. They are not the arbiters of whether BO is a NBC; as much as we ‘know’ he is not.

    “Leo directed his criticism at Orly’s previous military Release, in which the military Plaintiff signs on to a lawsuit because ‘BO is not a NBC and, therefore, I will disobey his orders and could be charged with Treason.” I had been asking her to change that military Release for months, because of the incriminating language. And many in the military objected to this language, too. (There’s a discussion about these issues on my blog.) My military Complaint never placed military Plaintiffs in jeopardy; only her Release did. Well, she changed the Release and now, it more closely reflects the language in my Complaint. That is, the signatory is saying, I have a good faith belief whether BO is a NBC. And I agree to join a lawsuit for Declaratory Judgment as to whether he is a NBC. So far, so good. But then, there is this letter; wherein a military officer is inciting Treason!

    As his attorney of record, Orly needs to protect her client.”
    ADMINISTRATOR

  2. AirForceJournalist says:

    I’m an Active Duty Air Force member and I feel it is my duty under my oath to force Mr. Obama to prove that he is, unequivocally, a NBC. It is not up to the Fed, or anyone else, to prove he is not a NBC, it is up to him to show that he IS. Is there anything I can sign or do to help further this cause along? Understand that as an Active Duty member, we are threatened with charges under the UCMJ if we speak out against Mr. Obama; however, wouldn’t the 1st Amendment provide protection against prosecution for signing a petition, joining a lawsuit, etc.? If I remember my college Poly Sci….it is the highest law of the land….right? Or have we so totally disregarded the foundation upon which this nation was forged that it is now rendered useless?

    morgansneed: I am glad you found your way to the blog; thank you for your service to our country.

    The concerns you raise here have all been addressed in other comments and responses on this and other posts. In short, as you rightly point out, the burden of proving eligibility to be POTUS should rightly vest in the candidate. But no provision of any federal or state law requires any federal or state official to verify the Constitutional eligibility of the candidate for POTUS from the major political party, before putting his name on the state’s general election ballot. No law requires the members of the Electoral College to confirm the candidate’s eligibility. I argued, if BO refuses to establish he is a NBC then, voters should refuse to hire him for the job. Unfortunately, people voted for (Electors for) him, anyway. Maybe they actually believed the “COLB” he posted on his “Fight the Smears” web site meant he was a NBC, not realizing 1) he only said the COLB proved he was a “native” citizen, which does not mean the same as “natural born”; and 2) HI law allowed foreign births to be registered as HI births if one parent swore HI residency for one year before the birth. Options available to obtain a ruling as to his eligibility, from a government official authorized to issue such ruling, varied according to time. Now, the only direct way to compel a determination of his eligibility – before the next general election – is through the courts, in a Declaratory Judgment case. With a court ruling he is not a NBC, Congress can initiate impeachment proceedings. But the only Plaintiffs with standing are the military; and the only military who would not be subjected to discipline under the UCMJ are state National Guard units facing deployment, at which point they will become ‘federalized.’ Because while he does not meet the eligibility required by the Constitution, no one in the position to stop him, that is, the Electoral College or Congress, which certified the EC vote, bothered to demand proof of eligibility. So, he was lawfully elected. However, indirect ways exist to establish his ineligibility, too. For example, GA requires the candidate to be a NBC. (They have no corresponding law saying anyone has to check.) The GA AG could investigate charges that the state D party committed election fraud by forwarding to state elections officials the DNC’s Certification of BO’s Nomination, to get his name on the state general election ballot, notwithstanding party officials refuse all requests to provide documentation on which they determined he is a NBC. A finding by a state AG there was fraud does not mean, BO is not a NBC but, it means, no one established whether he is. Obviously, such a ruling would be just as effective in (eventually) getting Congress to act.

    As to what rights you retain under the 1st Amendment to express your disdain for BO, I am not competent to answer those questions. You could consult with a military attorney. ADMINISTRATOR

  3. Anonymous says:

    Where is the documentation that Obama was adopted and his name changed to make him an Indonesian citizen? As long as that is absent, this is pure speculation,not fact.

    Anonymous: Even way back when I created this military complaint, at a time when my knowledge of the facts of this situation was less extensive than it is now; and, when I was acting on behalf of those people who wanted to obtain a federal court ruling as to whether Obama is a NBC but who could not figure out how to sustain standing so as to obtain such a ruling; I did not say, Obama was adopted by Soetoro. Using ‘facts’ available in the public record (whether I personally supported the information contained in these ‘facts’ as true) I said, Obama’s school registration form from Indonesia reflected his name was Soetoro; and that Obama wrote Soetoro was his “step-father.” Presuming therefore an adoption, could the court declare whether this person can be said to be a NBC. See the difference? ADMINISTRATOR

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