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Barack Obama presidential eligibility litigation

January 01, 1970

Numerous lawsuits and ballot challenges, based on conspiracy theories related to Barack Obama's eligibility for the United States presidency, were filed following his first election in 2008 and over the course of his two terms as president. These actions sought to have Obama disqualified from running for, or being confirmed for, the Presidency of the United States, to declare his actions in office to be null and void, or to compel him to release additional documentation related to his U.S. citizenship.

Challenges edit

By early 2012, dozens of lawsuits had been filed challenging Obama's eligibility in states including North Carolina,[1] Ohio,[2] Pennsylvania,[3] Hawaii,[4] Connecticut,[5] New Jersey, Texas and Washington.[4][6] No suit or challenge resulted in the grant of any relief to the plaintiffs by any court or other body.

Obstacles edit

A major obstacle to most citizen suits has been lack of standing. In the initial wave of lawsuits challenging the validity of the 2008 presidential election, 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."[7]

Long form edit

On April 27, 2011, Obama released his original Hawaii long-form birth certificate.[8] Donald Trump took credit for Obama's birth certificate release, but at the same time questioned its authenticity.[9]

Civil suits edit

Federal edit

Berg v. Obama edit

On August 21, 2008, Pennsylvania attorney Philip J. Berg, a Democrat[10] 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.[11][12][13] He alleged that the "Certification of Live Birth" on Obama's website is a forgery.[14] 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."[10][15]

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.[16] On December 15, 2008, the petitioner refiled the application for injunction.[17] Two days later, Berg's appeal was denied without comment by Supreme Court Justice Anthony Kennedy.[13] Berg's previously denied request for an injunction was refiled with Justice Antonin Scalia on December 18, 2008.[17] 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.[17]

On November 12, 2009, the United States Court of Appeals for the Third Circuit affirmed the district court's ruling that Berg lacked standing.[18]

Essek v. Obama edit

On November 25, 2008, Daniel John Essek of Whitley County, Kentucky, filed a pro se federal lawsuit in the Kentucky Eastern District Court. The suit was originally filed as a Freedom of Information Act case, but was amended to a judicial challenge to Obama's qualifications for the Office of President of the United States. Essek sought to prevent the inauguration of Barack Obama on the grounds that Obama was not a natural born citizen based on allegations that Obama was born in Kenya.[19] District Judge Gregory F. Van Tatenhove dismissed the suit because of a lack of subject matter jurisdiction, stating that Mr. Essek's grievance was the generalized grievance of a voter, not a specific injury that would have granted him standing to sue.[20]

Kerchner v. Obama edit

On January 20, 2009, Attorney Mario Apuzzo filed a lawsuit in federal court, on behalf of Charles Kerchner and other plaintiffs, suing President-Elect Barack Obama, the United States Congress, Dick Cheney, and Nancy Pelosi alleging Obama was ineligible to be president, and that Congress failed to verify Obama's eligibility.[21] 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 appeal.[22] Apuzzo's subsequent request for a hearing was denied, but the order to show cause was discharged.[23][24] On November 29, 2010, the U.S. Supreme Court declined, without comment, to hear the case.[25]

Barnett v. Obama edit

On January 20, 2009, Orly Taitz 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 for the plaintiff.[26] On July 13, 2009, the presiding judge dismissed the case without prejudice on technical grounds,[27] and on July 14, 2009, Taitz refiled a "First Amended Complaint" Captain Pamela Barnett v. Barack Hussein Obama[28] 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.[29]

Two of the plaintiffs, Markham Robinson and 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.[30]

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.[31] On October 7, 2009, he released a Minute Order finalizing the previously tentative dates for summary judgment motions and trial,[32] and on October 29, 2009, he dismissed the case.[33] On December 22, 2011, the United States Court of Appeals for the Ninth Circuit affirmed the dismissal, ruling the plaintiffs lacked standing to challenge the eligibility of the sitting president.[34][35] On June 11, 2012, the U.S. Supreme Court declined, without comment, to hear the case.[36]

Citing new evidence, on August 14, 2012, Taitz filed a motion in Judge Carter's court to re-open the case.[37] The motion was denied on August 31, 2012.[38]

Hollister v. Soetoro edit

On March 5, 2009, a lawsuit filed by Philip Berg on behalf of Gregory S. Hollister, a retired Air Force 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".[39] 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.[22] On January 18, 2011, the U.S. Supreme Court declined, without comment, to hear the case.[40]

Cook v. Good edit

On February 1, 2009, Stefan F. Cook, a major in the United States Army Reserve, 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.[41] The Army accepted his offer and ordered him to report on that date.[41] 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.[42] 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."[41] Accordingly, Cook's case was dismissed as moot on July 16.[43][44]

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."[42] 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.[45] 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."[46] 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."[47]

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".[48]

Cook received significant media coverage on July 16, 2009, from Fox News's Sean Hannity.[41][49][50]

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."[51]

Rhodes v. Macdonald edit

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.[52]

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.[53] 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.[54] 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.[55]

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."[56] 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."[57]

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:

The Court finds that counsel's conduct was willful and not merely negligent. It demonstrates bad faith on her part. As an attorney, she is deemed to have known better. She owed a duty to follow the rules and to respect the Court. Counsel's pattern of conduct conclusively establishes that she did not mistakenly violate a provision of law. She knowingly violated Rule 11. Her response to the Court's show cause order is breathtaking in its arrogance and borders on delusional. She expresses no contrition or regret regarding her misconduct. To the contrary, she continues her baseless attacks on the Court.[58]

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.[59] On March 15, 2010, the United States Court of Appeals for the Eleventh Circuit affirmed the sanctions against Taitz.[60] On August 9, 2010, 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,[61] prompting Taitz to say, "I will pay the money, and I will continue fighting."[62] On January 10, 2011, the U.S. Supreme Court declined, without comment, to hear the case.[63]

Taitz v. Obama edit

On January 27, 2010, Taitz, in propria persona, 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."[64]

Taitz v. Astrue edit

In February 2011, Taitz filed, in propria persona, a Freedom of Information Act suit against the Social Security Administration, 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."[65][66] 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."[67][68]

Taitz v. Ruemmler edit

Taitz sought to compel White House Counsel Kathryn Ruemmler under FOIA to grant access to Obama's "long form" birth certificate.[69][70] On October 17, 2011, Chief Judge Lamberth noted Taitz's "Sisyphean quest" and dismissed the suit.[71]

Archibald v. U.S. Department of Justice edit

In November 2011, George Archibald filed a FOIA 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".[72]

Sibley v. Obama edit

Montgomery Blair Sibley, a disbarred attorney who once represented Deborah Jeane Palfrey (the "D.C. Madam"), sued Obama in January 2012, alleging that he is not a natural-born citizen and that his birth certificate is a forgery.[73] A federal judge dismissed Sibley's suit on June 6, 2012.[73][74] In March 2012, Sibley also filed his suit with the U.S. Supreme Court, stating that the district court had been "too slow" in considering his case.[75]

State edit

Martin v. Lingle edit

On October 17, 2008, a lawsuit was filed in a state circuit court of Hawaii[76] 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".[77]

Martin's lawsuit sought to order the state to release a copy of Sen. Obama's long-form birth certificate.[76] The short-form birth certificate that the Obama campaign posted online states his place of birth as Honolulu, Hawaii.[76] 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".[78] The court cited Martin's lack of legal standing to obtain another person's birth document.[79]

Donofrio v. Wells edit

In October 2008, Leo Donofrio, an attorney from New Jersey, filed suit against Nina Mitchell Wells, the Secretary of State of New Jersey, to challenge the eligibility of Obama, Republican presidential candidate John McCain (see details here) and the Socialist Workers Party candidate Roger Calero.[80] 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.[81]

Donofrio was not among those who claimed Obama might have been born outside Hawaii.[82] 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.[83]

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 it.[81]

Wrotnowski v. Bysiewicz edit

On October 31, 2008, Greenwich resident and health food store owner Cort Wrotnowski filed a suit in the Connecticut Supreme Court against then Secretary of State Susan Bysiewicz challenging the authenticity of presidential candidate Obama's Hawaii birth certificate. The suit was dismissed after initial hearings.[84]

Wrotnowski appealed to the U.S. Supreme Court on November 25,[85] 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.[86] The request for stay or injunction was denied without comment on December 15, 2008.[85][87] 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".[87]

Keyes v. Bowen edit

On November 14, 2008, Alan Keyes 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.[88][89][90][91] Keyes also said in an interview that he would not be in favor of amending this requirement of the Constitution.[92] 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."[93][94]

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.[95][96] The California Court of Appeal affirmed the dismissal on October 25, 2010.[97] The California Supreme Court declined, without comment, to review the case on February 2, 2011.[98] On October 3, 2011, the U.S. Supreme Court declined, without comment, to hear the case.[99]

Ankeny v. Governor of the State of Indiana edit

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.[100]

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."[101] On April 1, 2010, the Indiana Supreme Court rejected, without comment, a request to consider the case.[102]

Taitz v. Fuddy edit

In August 2011, Taitz filed, in propria persona, a suit against the director of the Hawaii Department of Health, seeking to review Obama's "long form" birth certificate.[103] On October 12, 2011, the Hawaii Circuit Court dismissed Taitz's suit.[104]

2012 election edit

2012 primary ballot challenges edit

On April 24, 2012, Obama secured enough delegates to ensure the nomination of the Democratic party for reelection.[105]

Alabama edit

A lawsuit filed by Albert Hendershot in December 2011 alleged Obama's birth certificate was forged and that he was ineligible to be on the Alabama primary ballot.[106] On January 9, 2012, Hendershot's suit was dismissed due to lack of jurisdiction, and two similar suits were filed by Harold Sorensen and another Alabama citizen from Pell City.[107] Sorensen requested that Judge Helen Shores Lee, who is black and also presided over Hendershot's suit, to recuse herself because "she has racial bias and a lack of Constitutional knowledge."[108] The Pell City suit was dismissed on January 13, 2012.[109] Sorenson's suit was dismissed for lack of jurisdiction on January 17, 2012, and the court awarded the Alabama Democratic Party its costs and fees; its attorney, however, promised not to collect the monies from Sorenson as long as he refrained from "bad-mouthing the court and this decision."[110]

Alaska edit

Gordon Epperly filed an objection to Obama's placement on the ballot, writing, "As Barack Hussein Obama II is of the 'mulatto' race, his status of citizenship is founded upon the Fourteenth Amendment to the United States Constitution. Before the [purported] ratification of the Fourteenth Amendment, the race of 'Negro' or 'mulatto' had no standing to be citizens of the United States under the United States Constitution."[111] The challenge was rejected as Alaska was not going to use a primary election to select delegates for the Democratic party.[112]

Arizona edit

A lawsuit filed in an Arizona superior court by Kenneth Allen (Allen v. Arizona Democratic Party) alleged that Obama was not a natural-born citizen because his father "was a resident of Kenya and thus a British citizen".[113] Allen argued that the U.S. Supreme Court's ruling in Minor v. Happersett required a natural-born citizen to be born in the U.S. of two U.S. citizen parents; however, the judge dismissed the suit on March 7, 2012, ruling that "President Obama is a natural born citizen under the Constitution" and that "[c]ontrary to Plaintiff's assertion, Minor v. Happersett ... does not hold otherwise."[114]

California edit

Gary Kreep (one of the attorneys who filed Barnett v. Obama) filed on the behalf of seven other Californians a lawsuit demanding that the California Secretary of State verify the eligibility of all presidential candidates before putting them on the ballot.[115]

In July 2012, Taitz sued to block the certification of the primary election results, alleging "rampant election fraud"; she also alleged Obama engaged in "identity fraud."[116] Her suit was denied.[117] In October, 2012, Taitz tried to revive her election lawsuit by asking the court to compel Occidental College to produce student records for President Barack Obama, who attended Occidental from 1979 to 1981. The judge ruled that Taitz's motion did not meet basic legal requirements and ordered her to pay $4,000 in sanctions to Occidental's lawyer for the cost of opposing the motion.[118] The California Court of Appeal affirmed the dismissal and sanctions.[119]

Florida edit

Two lawsuits filed in state court, including one filed by Larry Klayman, sought to have Obama declared ineligible.[120][121] Joe Arpaio, the sheriff for Maricopa County, Arizona, submitted in support of Klayman's suit an affidavit stating "there is probable cause that [Obama's birth certificate] is a forgery."[122] Klayman also sent Arpaio a subpoena directing him to appear in the Florida courtroom.[123] The suit filed by Klayman was dismissed on June 29, 2012.[124]

Georgia edit

Several Georgian citizens (Carl Swensson and another Georgian represented by Georgia state representative Mark Hatfield, a Georgian represented by Taitz, and a Georgian represented by Van Irion) filed challenges with the Georgia Secretary of State, Brian Kemp, regarding Obama's inclusion on the March primary ballot.[125] Kemp referred the challenges to Deputy Chief Judge Michael Malihi, an administrative law judge, who denied Obama's motion to dismiss them and scheduled a hearing for January 26, 2012.[126]

On January 23, 2012, Malihi denied Obama's motion to quash a subpoena issued by Taitz to compel Obama to appear, saying that Obama did not show why he should not be at the hearing or how his testimony would not be helpful.[127] On January 25, Obama's attorney requested that Kemp halt the proceedings, and indicated that Obama would no longer participate in the litigation pending Kemp's decision.[128] Kemp denied their request and warned that their non-participation would be "at your own peril".[129]

Neither Obama nor his attorney appeared at the January 26 hearing. This normally would result in a default order, but the challengers requested Malihi to allow them to go ahead with the hearing and rule on "the merits of their arguments and evidence".[130][131] Taitz called eight witnesses (including herself), and presented seven exhibits in support of her claims that Obama was not a natural-born citizen, has used multiple names, has multiple Social Security numbers, and used a fake birth certificate. Taitz asked Malihi to find Obama in contempt for failing to appear.[132][133][134]

On February 3, 2012, Malihi recommended that Obama remain on the ballot. Concerning Taitz's case Malihi wrote: "The Court finds the testimony of the witnesses, as well as the exhibits tendered, to be of little, if any, probative value, and thus wholly insufficient to support plaintiffs’ allegations".[131][135] The Drudge Retort described the hearing as, "Empty Table 1, Orly Taitz 0".[136]

On February 6, 2012, Kemp accepted Malihi's recommendation.[137] On February 13, the challengers filed for review.[138][139]

Illinois edit

Three challenges were filed against Obama's inclusion on the Illinois ballot, including one that challenged his birth certificate.[140]

Indiana edit

On February 24, Taitz appeared as a witness on the behalf of two residents of Indiana who had filed with the Indiana Election Commission a challenge to Obama's eligibility. The challengers demanded a default judgment against Obama, as neither he nor a representative appeared at the hearing; this motion was unanimously denied by the commission.

Taitz argued that the President's surname was not Obama, that he was not a natural-born citizen, and that he was using a stolen Social Security number. "When Taitz accused the commission of a cover-up, Dan Dumezich, the Merrillville Republican who is chairman of the commission, told her that if she was disrespectful one more time, 'your butt is going to be gone.'"[141] The challenge was denied.

Mississippi edit

In February 2012, Taitz sued the Mississippi state Democratic Party and the Mississippi Secretary of State alleging Obama was not a natural born citizen. Taitz accused the party of aiding and abetting in forgery and fraud when it submitted to the court a copy of Obama's birth certificate. In response, the party filed with the court a certified verification from Hawaii's State Registrar attesting to the accuracy of Obama's birth certificate. Taitz accused the registrar of being complicit with the forgery.[142]

New Hampshire edit

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.[143] 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.[144] The Commission then denied a request for reconsideration.[145]

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."[146]

The aggrieved representatives then requested the New Hampshire Attorney General to investigate Obama's eligibility.[147]

New Jersey edit

In April 2012, Mario Apuzzo (the attorney who filed Kerchner v. Obama) argued to an administrative law judge on behalf of two New Jersey residents that Obama had yet to prove his identity and eligibility, and thus should not be placed on the ballot.[148]

Responding to the Petitioner's allegations that Barack Obama had not proven his eligibility, Administrative Law Judge Jeff S. Masin stated: "There appears to be no affirmative requirement that a person indorsed in a nominating petition for the Presidency present to the Secretary of State any certification or other proof that he is qualified for the Office." Further the judge ruled on the Plaintiff's assertions that Obama was ineligible due to his non-citizen father: "The petitioners’ legal position on this issue, however well-intentioned, has no merit in law."[149] The decision to retain Barack Obama on the Primary Ballot was adopted by Kimberly M. Guadagno, New Jersey Secretary of State. The decision was upheld by the Appellate Division of New Jersey Superior Court on May 31, 2012. The New Jersey Primary was held on June 5.[150]

Pennsylvania edit

A lawsuit filed by Charles Kerchner (lead plaintiff in Kerchner v. Obama) was dismissed on March 1, 2012, on the ground that the court had jurisdiction only to hear challenges to defects in the nominating papers, which did not include questions about Obama's status as a natural-born citizen.[151] Two other suits, including one filed by Philip Berg (plaintiff in Berg v. Obama), were similarly dismissed.[152]

South Dakota edit

In May 2012, Thomas Scheveck filed a complaint with the South Dakota Board of Elections, arguing that Obama is not a natural-born citizen because his father was not a U.S. citizen. Scheveck cited the Supreme Court's ruling in Minor v. Happersett to support his claim that only a person born of two American parents can qualify as a natural-born citizen. Scheck also alleged Obama had been using a fraudulent birth certificate and Social Security Number.[153] In a unanimous decision on May 11, the elections board dismissed the complaint, citing a lack of jurisdiction to consider allegations of the type raised by Scheveck.[154]

2012 general election challenges edit

Illinois edit

On September 13, 2012, a state board rejected three challenges to Obama's placement on the November ballot, finding the challenges were raising arguments that had been previously rejected and based on "an incorrect legal interpretation of what constitutes a 'natural born citizen'".[155]

Indiana edit

Taitz filed a lawsuit in Indiana, and attempted to subpoena Maricopa County, Arizona Sheriff Joe Arpaio and one of his assistants, Mike Zullo, to compel them to testify about the results of their investigation into Obama's birth certificate. Zullo indicated the two did not intend to attend the trial, stating, "We don't want our information tainted by a circus show".[156]

Kansas edit

On September 10, 2012, Joe Montgomery filed a challenge to Obama being on the ballot, claiming that Obama's birth certificate was "doctored" and that he was not a natural-born citizen because he lacked two U.S. citizen parents.[157] On September 14, Montgomery claimed there was "animosity and intimidation" directed at him as well as his "personal and professional associations," and withdrew his objection.[158] At the September 17 meeting where the challenge was withdrawn, Taitz's request to speak was denied.[159]

On September 20, Taitz filed a lawsuit in state court seeking to stay the board's actions.[160] On November 2, 2012, the court dismissed Taitz's suit due to her lack of standing.[161]

Mississippi edit

In a lawsuit initiated by Taitz, she claimed Obama's birth certificate and Social Security Number are fake, and sought to disqualify him from the ballot.[162]

New York edit

Christopher Earl Strunk sued the New York State Board of Elections and others to prevent President Obama from appearing on the 2012 presidential ballot. Strunk alleged Obama was connected to a massive conspiracy theory involving the Jesuits and others. Judge Arthur Schack said of the case: "If the complaint in this action was a movie script, it would be entitled 'The Manchurian Candidate Meets The Da Vinci Code.'" Strunk was fined over $177,000 in costs and penalties.[163]

Court challenges edit

Liberty Legal Foundation v. National Democratic Party edit

In October 2011, the Liberty Legal Foundation filed suit in Arizona, seeking to enjoin the Democratic National Committee from certifying Obama as its nominee for the 2012 U.S. presidential election on the ground that he did not have two citizen parents and thus, it contended, was not a natural-born citizen. The Foundation's complaint cited the U.S. Supreme Court's 1875 decision in Minor v. Happersett as supporting its claim that natural-born citizens were defined by the Supreme Court as "all children born in a country of parents who were its citizens".[164][165] This lawsuit was dismissed July 11, 2012, for "lack of jurisdiction." A defense motion for sanctions against plaintiff's attorney, Irion, was denied.[166]

An almost-identical lawsuit with the same parties was filed in Tennessee, and dismissed for lack of standing on June 21, 2012.[167] On August 24, the district court sanctioned the plaintiff's attorney, Irion, for filing a lawsuit that he "knew or reasonably should have known that the claims in this case had no basis in law".[168]

Tisdale v. Obama edit

On January 17, 2012, Charles Tisdale of Virginia brought a civil action before the U.S. District Court for the Eastern District of Virginia. In the suit, Tisdale alleged that Barack Obama, Mitt Romney and Ron Paul each had a non-citizen parent, and therefore should be barred from the November 6, 2012, presidential ballot in Virginia. An amicus brief was filed in support of the Plaintiff by attorney Mario Apuzzo. District Judge John A. Gibney, Jr., dismissed the suit with prejudice because the Plaintiff "does not to state a claim upon which relief may be granted." Judge Gibney explained: "It is well settled that those born in the United States are considered natural born citizens."[169] The dismissal was affirmed without comment by the U.S. Court of Appeals for the Fourth Circuit on June 5, 2012.[170]

Sibley v. D.C. Board of Elections and Ethics edit

In June 2012, Sibley filed a lawsuit seeking to compel the District of Columbia's Board of Elections and Ethics to respond to his challenge that Obama is not a natural-born citizen and thus ineligible to stand for the 2012 general election.[73]

Daniels v. Ohio Secretary of State edit

In July 2012, Susan Daniels filed a lawsuit seeking to prevent the Ohio Secretary of State from placing Obama's name on the November 2012 ballot due to his alleged use of a fraudulent Social Security number.[171]

Epperly v. Obama edit

In July 2012, Gordon Epperly sued the Alaska Division of Elections to force it to obtain Obama's birth certificate before it places him on the ballot.[172]

House v. Obama edit

On August 10, 2012, Todd House, a doctor and presidential write-in candidate, filed a lawsuit alleging Obama was born in Kenya and not a natural-born citizen.[173] In dismissing the suit, the court ruled that Congress, and not it, was empowered under the U.S. Constitution to determine the president's eligibility.[174]

Begay v. Obama edit

Arnold Begay, a federal prisoner who pleaded guilty (in 2002) to aggravated sexual abuse of a child, filed a lawsuit claiming Obama was not a natural-born citizen and sought a court order demanding Obama to produce a sample of his DNA.[175]

Paige v. Condos edit

H. Brooke Paige, who lost the 2012 Vermont primary election for the Republican nomination for the U.S. Senate, sued the Vermont Secretary James Condos seeking to prevent Obama's name from appearing on the ballot. The lawsuit was prepared by Mario Apuzzo (the attorney who filed Kerchner v. Obama), but Paige represented himself in court as Apuzzo was not licensed in Vermont.[176] On September 21, 2012, the court denied Paige's request, ruling it had "been presented with a radically insufficient basis on which to issue a temporary or even a preliminary injunction".[177] On November 14, 2012, the case was dismissed because Paige lacked standing.[178] In October 2013, the Vermont Supreme Court ruled Obama's re-election mooted Paige's appeal, and dismissed the case.[179] Paige sought review in the United States Supreme Court.[180]

McInnish v. Bennett edit

In November 2012, the presidential candidate for the Constitution Party and a member of the Alabama Republican party, represented by Larry Klayman, alleged the Alabama Secretary of State had a duty to investigate Obama's eligibility. The trial court dismissed the complaint, and the Alabama Supreme Court affirmed the dismissal. Chief Justice Roy Moore and another justice dissented, arguing the Secretary of State did have the authority to conduct such an investigation. Two other justices wrote concurring opinions that supported the dismissal and addressed the dissenting opinions.[181]

Grinols v. Obama edit

On December 13, 2012, Taitz filed in Sacramento, California a lawsuit of behalf of James Grinols (a Republican elector from Minnesota), Robert Odden (a Libertarian elector from Minnesota), Keith Judd (a federal prisoner who was on the West Virginia Democratic primary ballot), Edward Noonan (who won the American Independent Party presidential primary in California), and Thomas MacLeran (who filed to run as a Republican for president) seeking to prevent Congress from certifying the Electoral College's vote.[182] The lawsuit also sought to prevent California officials from certifying the election results from the 2012 presidential election. On January 3, 2013, District Judge Morrison C. England Jr. denied the plaintiffs' request for a temporary restraining order to prevent Congress from certifying the Electoral College's vote.[183] In April 2013, the court dismissed the suit. In November 2015, the 9th Circuit affirmed the district court's dismissal.[184]

Criminal cases edit

The refusal to accept that Obama was the lawful president led to acts of civil disobedience that were criminally prosecuted.

Walter Fitzpatrick III and Darren Huff edit

Walter Fitzpatrick III was unsuccessful in persuading the foreperson of the Monroe County, Tennessee, grand jury to indict Obama for treason because of Obama's purported ineligibility to serve as President.[185][186] 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.[187]

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, witnesses testified that Huff said he would take over Madisonville, Tennessee, after the Monroe Country grand jury there refused to indict Obama.[188] On October 25, 2011, Huff was convicted of transporting a firearm in furtherance of a civil disorder.[189] Huff was sentenced to four years in prison.[190]

Terry Lakin edit

Main article: Court-martial of Terry Lakin

On April 13, 2010, the United States Army announced that it would court-martial Lt. Colonel Terrence Lee Lakin, an osteopathic physician[191] and flight surgeon in the Army Medical Corps, for refusing to report for deployment to Afghanistan. Lakin asserted that Obama was not a U.S. citizen, was not legally the commander-in-chief and, therefore, lacked the authority to send him to Afghanistan. The military revoked Lakin's Pentagon building pass and confiscated his government-issued laptop computer.[192] Lakin was assigned to Walter Reed Army Medical Center while awaiting trial.[193]

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.[46] Lakin was ordered to deploy and he refused to obey the orders, whereupon the military eventually initiated a criminal prosecution under the Uniform Code of Military Justice. On September 2, 2010, Colonel Denise Lind, the presiding judge, 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.[194]

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."[195] 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.[195][196]

On December 7, 2010, Lakin entered a guilty plea to the charges of disobeying his orders.[197] On December 15, 2010, a military jury convicted him on a charge of missing movement by design.[198] He was sentenced to six months' confinement and dismissed from service.[199] 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".[199] On July 28, 2011, the United States Army Court of Criminal Appeals granted Lakin's request to withdraw his case from appellate review.[200]

In February 2012, the Kansas State Board of Healing Arts denied Lakin a license to practice medicine in that state because of his actions.[191] Board members noted that Lakin had jeopardized the health of soldiers in his unit by refusing to deploy. There was also doubt about whether Lakin would obey the law on any health-related legislation signed by Obama.[191]

In January 2017, supporters of Lakin sought on his behalf a pardon from Donald Trump.[201]

Theresa Cao edit

On January 6, 2011, the United States Constitution 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.[202]

Indictment attempts using "citizen grand juries" edit

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 juries" to indict Obama.[203] 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,[204] 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 U.S. citizen.[205] 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."[206]

In 2013, a citizen grand jury formed by Larry Klayman "convicted" Obama of fraud.[207]

See also edit

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External links edit

  • List of eligibility cases, with references; documents 225 cases dismissed, rejected or otherwise resolved in favor of Obama's eligibility, 1 pending as of August 2015

January 01, 1970
barack, obama, presidential, eligibility, litigation, numerous, lawsuits, ballot, challenges, based, conspiracy, theories, related, barack, obama, eligibility, united, states, presidency, were, filed, following, first, election, 2008, over, course, terms, pres. Numerous lawsuits and ballot challenges based on conspiracy theories related to Barack Obama s eligibility for the United States presidency were filed following his first election in 2008 and over the course of his two terms as president These actions sought to have Obama disqualified from running for or being confirmed for the Presidency of the United States to declare his actions in office to be null and void or to compel him to release additional documentation related to his U S citizenship Contents 1 Challenges 2 Obstacles 3 Long form 4 Civil suits 4 1 Federal 4 1 1 Berg v Obama 4 1 2 Essek v Obama 4 1 3 Kerchner v Obama 4 1 4 Barnett v Obama 4 1 5 Hollister v Soetoro 4 1 6 Cook v Good 4 1 7 Rhodes v Macdonald 4 1 8 Taitz v Obama 4 1 9 Taitz v Astrue 4 1 10 Taitz v Ruemmler 4 1 11 Archibald v U S Department of Justice 4 1 12 Sibley v Obama 4 2 State 4 2 1 Martin v Lingle 4 2 2 Donofrio v Wells 4 2 3 Wrotnowski v Bysiewicz 4 2 4 Keyes v Bowen 4 2 5 Ankeny v Governor of the State of Indiana 4 2 6 Taitz v Fuddy 5 2012 election 5 1 2012 primary ballot challenges 5 1 1 Alabama 5 1 2 Alaska 5 1 3 Arizona 5 1 4 California 5 1 5 Florida 5 1 6 Georgia 5 1 7 Illinois 5 1 8 Indiana 5 1 9 Mississippi 5 1 10 New Hampshire 5 1 11 New Jersey 5 1 12 Pennsylvania 5 1 13 South Dakota 5 2 2012 general election challenges 5 2 1 Illinois 5 2 2 Indiana 5 2 3 Kansas 5 2 4 Mississippi 5 2 5 New York 5 3 Court challenges 5 3 1 Liberty Legal Foundation v National Democratic Party 5 3 2 Tisdale v Obama 5 3 3 Sibley v D C Board of Elections and Ethics 5 3 4 Daniels v Ohio Secretary of State 5 3 5 Epperly v Obama 5 3 6 House v Obama 5 3 7 Begay v Obama 5 3 8 Paige v Condos 5 3 9 McInnish v Bennett 5 3 10 Grinols v Obama 6 Criminal cases 6 1 Walter Fitzpatrick III and Darren Huff 6 2 Terry Lakin 6 3 Theresa Cao 7 Indictment attempts using citizen grand juries 8 See also 9 References 10 External linksChallenges editBy early 2012 dozens of lawsuits had been filed challenging Obama s eligibility in states including North Carolina 1 Ohio 2 Pennsylvania 3 Hawaii 4 Connecticut 5 New Jersey Texas and Washington 4 6 No suit or challenge resulted in the grant of any relief to the plaintiffs by any court or other body Obstacles editA major obstacle to most citizen suits has been lack of standing In the initial wave of lawsuits challenging the validity of the 2008 presidential election 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 7 Long form editOn April 27 2011 Obama released his original Hawaii long form birth certificate 8 Donald Trump took credit for Obama s birth certificate release but at the same time questioned its authenticity 9 Civil suits editFederal edit Berg v Obama edit On August 21 2008 Pennsylvania attorney Philip J Berg a Democrat 10 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 11 12 13 He alleged that the Certification of Live Birth on Obama s website is a forgery 14 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 10 15 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 16 On December 15 2008 the petitioner refiled the application for injunction 17 Two days later Berg s appeal was denied without comment by Supreme Court Justice Anthony Kennedy 13 Berg s previously denied request for an injunction was refiled with Justice Antonin Scalia on December 18 2008 17 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 17 On November 12 2009 the United States Court of Appeals for the Third Circuit affirmed the district court s ruling that Berg lacked standing 18 Essek v Obama edit On November 25 2008 Daniel John Essek of Whitley County Kentucky filed a pro se federal lawsuit in the Kentucky Eastern District Court The suit was originally filed as a Freedom of Information Act case but was amended to a judicial challenge to Obama s qualifications for the Office of President of the United States Essek sought to prevent the inauguration of Barack Obama on the grounds that Obama was not a natural born citizen based on allegations that Obama was born in Kenya 19 District Judge Gregory F Van Tatenhove dismissed the suit because of a lack of subject matter jurisdiction stating that Mr Essek s grievance was the generalized grievance of a voter not a specific injury that would have granted him standing to sue 20 Kerchner v Obama edit On January 20 2009 Attorney Mario Apuzzo filed a lawsuit in federal court on behalf of Charles Kerchner and other plaintiffs suing President Elect Barack Obama the United States Congress Dick Cheney and Nancy Pelosi alleging Obama was ineligible to be president and that Congress failed to verify Obama s eligibility 21 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 appeal 22 Apuzzo s subsequent request for a hearing was denied but the order to show cause was discharged 23 24 On November 29 2010 the U S Supreme Court declined without comment to hear the case 25 Barnett v Obama edit On January 20 2009 Orly Taitz 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 for the plaintiff 26 On July 13 2009 the presiding judge dismissed the case without prejudice on technical grounds 27 and on July 14 2009 Taitz refiled a First Amended Complaint Captain Pamela Barnett v Barack Hussein Obama 28 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 29 Two of the plaintiffs Markham Robinson and 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 30 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 31 On October 7 2009 he released a Minute Order finalizing the previously tentative dates for summary judgment motions and trial 32 and on October 29 2009 he dismissed the case 33 On December 22 2011 the United States Court of Appeals for the Ninth Circuit affirmed the dismissal ruling the plaintiffs lacked standing to challenge the eligibility of the sitting president 34 35 On June 11 2012 the U S Supreme Court declined without comment to hear the case 36 Citing new evidence on August 14 2012 Taitz filed a motion in Judge Carter s court to re open the case 37 The motion was denied on August 31 2012 38 Hollister v Soetoro edit On March 5 2009 a lawsuit filed by Philip Berg on behalf of Gregory S Hollister a retired Air Force 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 39 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 22 On January 18 2011 the U S Supreme Court declined without comment to hear the case 40 Cook v Good edit On February 1 2009 Stefan F Cook a major in the United States Army Reserve 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 41 The Army accepted his offer and ordered him to report on that date 41 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 42 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 41 Accordingly Cook s case was dismissed as moot on July 16 43 44 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 42 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 45 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 46 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 47 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 48 Cook received significant media coverage on July 16 2009 from Fox News s Sean Hannity 41 49 50 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 51 Rhodes v Macdonald edit 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 52 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 53 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 54 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 55 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 56 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 57 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 The Court finds that counsel s conduct was willful and not merely negligent It demonstrates bad faith on her part As an attorney she is deemed to have known better She owed a duty to follow the rules and to respect the Court Counsel s pattern of conduct conclusively establishes that she did not mistakenly violate a provision of law She knowingly violated Rule 11 Her response to the Court s show cause order is breathtaking in its arrogance and borders on delusional She expresses no contrition or regret regarding her misconduct To the contrary she continues her baseless attacks on the Court 58 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 59 On March 15 2010 the United States Court of Appeals for the Eleventh Circuit affirmed the sanctions against Taitz 60 On August 9 2010 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 61 prompting Taitz to say I will pay the money and I will continue fighting 62 On January 10 2011 the U S Supreme Court declined without comment to hear the case 63 Taitz v Obama edit On January 27 2010 Taitz in propria persona 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 64 Taitz v Astrue edit In February 2011 Taitz filed in propria persona a Freedom of Information Act suit against the Social Security Administration 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 65 66 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 67 68 Taitz v Ruemmler edit Taitz sought to compel White House Counsel Kathryn Ruemmler under FOIA to grant access to Obama s long form birth certificate 69 70 On October 17 2011 Chief Judge Lamberth noted Taitz s Sisyphean quest and dismissed the suit 71 Archibald v U S Department of Justice edit In November 2011 George Archibald filed a FOIA 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 72 Sibley v Obama edit Montgomery Blair Sibley a disbarred attorney who once represented Deborah Jeane Palfrey the D C Madam sued Obama in January 2012 alleging that he is not a natural born citizen and that his birth certificate is a forgery 73 A federal judge dismissed Sibley s suit on June 6 2012 73 74 In March 2012 Sibley also filed his suit with the U S Supreme Court stating that the district court had been too slow in considering his case 75 State edit Martin v Lingle edit On October 17 2008 a lawsuit was filed in a state circuit court of Hawaii 76 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 77 Martin s lawsuit sought to order the state to release a copy of Sen Obama s long form birth certificate 76 The short form birth certificate that the Obama campaign posted online states his place of birth as Honolulu Hawaii 76 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 78 The court cited Martin s lack of legal standing to obtain another person s birth document 79 Donofrio v Wells edit In October 2008 Leo Donofrio an attorney from New Jersey filed suit against Nina Mitchell Wells the Secretary of State of New Jersey to challenge the eligibility of Obama Republican presidential candidate John McCain see details here and the Socialist Workers Party candidate Roger Calero 80 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 81 Donofrio was not among those who claimed Obama might have been born outside Hawaii 82 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 83 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 it 81 Wrotnowski v Bysiewicz edit On October 31 2008 Greenwich resident and health food store owner Cort Wrotnowski filed a suit in the Connecticut Supreme Court against then Secretary of State Susan Bysiewicz challenging the authenticity of presidential candidate Obama s Hawaii birth certificate The suit was dismissed after initial hearings 84 Wrotnowski appealed to the U S Supreme Court on November 25 85 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 86 The request for stay or injunction was denied without comment on December 15 2008 85 87 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 87 Keyes v Bowen edit On November 14 2008 Alan Keyes 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 88 89 90 91 Keyes also said in an interview that he would not be in favor of amending this requirement of the Constitution 92 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 93 94 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 95 96 The California Court of Appeal affirmed the dismissal on October 25 2010 97 The California Supreme Court declined without comment to review the case on February 2 2011 98 On October 3 2011 the U S Supreme Court declined without comment to hear the case 99 Ankeny v Governor of the State of Indiana edit 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 100 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 101 On April 1 2010 the Indiana Supreme Court rejected without comment a request to consider the case 102 Taitz v Fuddy edit In August 2011 Taitz filed in propria persona a suit against the director of the Hawaii Department of Health seeking to review Obama s long form birth certificate 103 On October 12 2011 the Hawaii Circuit Court dismissed Taitz s suit 104 2012 election edit2012 primary ballot challenges edit On April 24 2012 Obama secured enough delegates to ensure the nomination of the Democratic party for reelection 105 Alabama edit A lawsuit filed by Albert Hendershot in December 2011 alleged Obama s birth certificate was forged and that he was ineligible to be on the Alabama primary ballot 106 On January 9 2012 Hendershot s suit was dismissed due to lack of jurisdiction and two similar suits were filed by Harold Sorensen and another Alabama citizen from Pell City 107 Sorensen requested that Judge Helen Shores Lee who is black and also presided over Hendershot s suit to recuse herself because she has racial bias and a lack of Constitutional knowledge 108 The Pell City suit was dismissed on January 13 2012 109 Sorenson s suit was dismissed for lack of jurisdiction on January 17 2012 and the court awarded the Alabama Democratic Party its costs and fees its attorney however promised not to collect the monies from Sorenson as long as he refrained from bad mouthing the court and this decision 110 Alaska edit Gordon Epperly filed an objection to Obama s placement on the ballot writing As Barack Hussein Obama II is of the mulatto race his status of citizenship is founded upon the Fourteenth Amendment to the United States Constitution Before the purported ratification of the Fourteenth Amendment the race of Negro or mulatto had no standing to be citizens of the United States under the United States Constitution 111 The challenge was rejected as Alaska was not going to use a primary election to select delegates for the Democratic party 112 Arizona edit A lawsuit filed in an Arizona superior court by Kenneth Allen Allen v Arizona Democratic Party alleged that Obama was not a natural born citizen because his father was a resident of Kenya and thus a British citizen 113 Allen argued that the U S Supreme Court s ruling in Minor v Happersett required a natural born citizen to be born in the U S of two U S citizen parents however the judge dismissed the suit on March 7 2012 ruling that President Obama is a natural born citizen under the Constitution and that c ontrary to Plaintiff s assertion Minor v Happersett does not hold otherwise 114 California edit Gary Kreep one of the attorneys who filed Barnett v Obama filed on the behalf of seven other Californians a lawsuit demanding that the California Secretary of State verify the eligibility of all presidential candidates before putting them on the ballot 115 In July 2012 Taitz sued to block the certification of the primary election results alleging rampant election fraud she also alleged Obama engaged in identity fraud 116 Her suit was denied 117 In October 2012 Taitz tried to revive her election lawsuit by asking the court to compel Occidental College to produce student records for President Barack Obama who attended Occidental from 1979 to 1981 The judge ruled that Taitz s motion did not meet basic legal requirements and ordered her to pay 4 000 in sanctions to Occidental s lawyer for the cost of opposing the motion 118 The California Court of Appeal affirmed the dismissal and sanctions 119 Florida edit Two lawsuits filed in state court including one filed by Larry Klayman sought to have Obama declared ineligible 120 121 Joe Arpaio the sheriff for Maricopa County Arizona submitted in support of Klayman s suit an affidavit stating there is probable cause that Obama s birth certificate is a forgery 122 Klayman also sent Arpaio a subpoena directing him to appear in the Florida courtroom 123 The suit filed by Klayman was dismissed on June 29 2012 124 Georgia edit Several Georgian citizens Carl Swensson and another Georgian represented by Georgia state representative Mark Hatfield a Georgian represented by Taitz and a Georgian represented by Van Irion filed challenges with the Georgia Secretary of State Brian Kemp regarding Obama s inclusion on the March primary ballot 125 Kemp referred the challenges to Deputy Chief Judge Michael Malihi an administrative law judge who denied Obama s motion to dismiss them and scheduled a hearing for January 26 2012 126 On January 23 2012 Malihi denied Obama s motion to quash a subpoena issued by Taitz to compel Obama to appear saying that Obama did not show why he should not be at the hearing or how his testimony would not be helpful 127 On January 25 Obama s attorney requested that Kemp halt the proceedings and indicated that Obama would no longer participate in the litigation pending Kemp s decision 128 Kemp denied their request and warned that their non participation would be at your own peril 129 Neither Obama nor his attorney appeared at the January 26 hearing This normally would result in a default order but the challengers requested Malihi to allow them to go ahead with the hearing and rule on the merits of their arguments and evidence 130 131 Taitz called eight witnesses including herself and presented seven exhibits in support of her claims that Obama was not a natural born citizen has used multiple names has multiple Social Security numbers and used a fake birth certificate Taitz asked Malihi to find Obama in contempt for failing to appear 132 133 134 On February 3 2012 Malihi recommended that Obama remain on the ballot Concerning Taitz s case Malihi wrote The Court finds the testimony of the witnesses as well as the exhibits tendered to be of little if any probative value and thus wholly insufficient to support plaintiffs allegations 131 135 The Drudge Retort described the hearing as Empty Table 1 Orly Taitz 0 136 On February 6 2012 Kemp accepted Malihi s recommendation 137 On February 13 the challengers filed for review 138 139 Illinois edit Three challenges were filed against Obama s inclusion on the Illinois ballot including one that challenged his birth certificate 140 Indiana edit On February 24 Taitz appeared as a witness on the behalf of two residents of Indiana who had filed with the Indiana Election Commission a challenge to Obama s eligibility The challengers demanded a default judgment against Obama as neither he nor a representative appeared at the hearing this motion was unanimously denied by the commission Taitz argued that the President s surname was not Obama that he was not a natural born citizen and that he was using a stolen Social Security number When Taitz accused the commission of a cover up Dan Dumezich the Merrillville Republican who is chairman of the commission told her that if she was disrespectful one more time your butt is going to be gone 141 The challenge was denied Mississippi edit In February 2012 Taitz sued the Mississippi state Democratic Party and the Mississippi Secretary of State alleging Obama was not a natural born citizen Taitz accused the party of aiding and abetting in forgery and fraud when it submitted to the court a copy of Obama s birth certificate In response the party filed with the court a certified verification from Hawaii s State Registrar attesting to the accuracy of Obama s birth certificate Taitz accused the registrar of being complicit with the forgery 142 New Hampshire edit 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 143 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 144 The Commission then denied a request for reconsideration 145 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 146 The aggrieved representatives then requested the New Hampshire Attorney General to investigate Obama s eligibility 147 New Jersey edit In April 2012 Mario Apuzzo the attorney who filed Kerchner v Obama argued to an administrative law judge on behalf of two New Jersey residents that Obama had yet to prove his identity and eligibility and thus should not be placed on the ballot 148 Responding to the Petitioner s allegations that Barack Obama had not proven his eligibility Administrative Law Judge Jeff S Masin stated There appears to be no affirmative requirement that a person indorsed in a nominating petition for the Presidency present to the Secretary of State any certification or other proof that he is qualified for the Office Further the judge ruled on the Plaintiff s assertions that Obama was ineligible due to his non citizen father The petitioners legal position on this issue however well intentioned has no merit in law 149 The decision to retain Barack Obama on the Primary Ballot was adopted by Kimberly M Guadagno New Jersey Secretary of State The decision was upheld by the Appellate Division of New Jersey Superior Court on May 31 2012 The New Jersey Primary was held on June 5 150 Pennsylvania edit A lawsuit filed by Charles Kerchner lead plaintiff in Kerchner v Obama was dismissed on March 1 2012 on the ground that the court had jurisdiction only to hear challenges to defects in the nominating papers which did not include questions about Obama s status as a natural born citizen 151 Two other suits including one filed by Philip Berg plaintiff in Berg v Obama were similarly dismissed 152 South Dakota edit In May 2012 Thomas Scheveck filed a complaint with the South Dakota Board of Elections arguing that Obama is not a natural born citizen because his father was not a U S citizen Scheveck cited the Supreme Court s ruling in Minor v Happersett to support his claim that only a person born of two American parents can qualify as a natural born citizen Scheck also alleged Obama had been using a fraudulent birth certificate and Social Security Number 153 In a unanimous decision on May 11 the elections board dismissed the complaint citing a lack of jurisdiction to consider allegations of the type raised by Scheveck 154 2012 general election challenges edit Illinois edit On September 13 2012 a state board rejected three challenges to Obama s placement on the November ballot finding the challenges were raising arguments that had been previously rejected and based on an incorrect legal interpretation of what constitutes a natural born citizen 155 Indiana edit Taitz filed a lawsuit in Indiana and attempted to subpoena Maricopa County Arizona Sheriff Joe Arpaio and one of his assistants Mike Zullo to compel them to testify about the results of their investigation into Obama s birth certificate Zullo indicated the two did not intend to attend the trial stating We don t want our information tainted by a circus show 156 Kansas edit On September 10 2012 Joe Montgomery filed a challenge to Obama being on the ballot claiming that Obama s birth certificate was doctored and that he was not a natural born citizen because he lacked two U S citizen parents 157 On September 14 Montgomery claimed there was animosity and intimidation directed at him as well as his personal and professional associations and withdrew his objection 158 At the September 17 meeting where the challenge was withdrawn Taitz s request to speak was denied 159 On September 20 Taitz filed a lawsuit in state court seeking to stay the board s actions 160 On November 2 2012 the court dismissed Taitz s suit due to her lack of standing 161 Mississippi edit In a lawsuit initiated by Taitz she claimed Obama s birth certificate and Social Security Number are fake and sought to disqualify him from the ballot 162 New York edit Christopher Earl Strunk sued the New York State Board of Elections and others to prevent President Obama from appearing on the 2012 presidential ballot Strunk alleged Obama was connected to a massive conspiracy theory involving the Jesuits and others Judge Arthur Schack said of the case If the complaint in this action was a movie script it would be entitled The Manchurian Candidate Meets The Da Vinci Code Strunk was fined over 177 000 in costs and penalties 163 Court challenges edit Liberty Legal Foundation v National Democratic Party edit In October 2011 the Liberty Legal Foundation filed suit in Arizona seeking to enjoin the Democratic National Committee from certifying Obama as its nominee for the 2012 U S presidential election on the ground that he did not have two citizen parents and thus it contended was not a natural born citizen The Foundation s complaint cited the U S Supreme Court s 1875 decision in Minor v Happersett as supporting its claim that natural born citizens were defined by the Supreme Court as all children born in a country of parents who were its citizens 164 165 This lawsuit was dismissed July 11 2012 for lack of jurisdiction A defense motion for sanctions against plaintiff s attorney Irion was denied 166 An almost identical lawsuit with the same parties was filed in Tennessee and dismissed for lack of standing on June 21 2012 167 On August 24 the district court sanctioned the plaintiff s attorney Irion for filing a lawsuit that he knew or reasonably should have known that the claims in this case had no basis in law 168 Tisdale v Obama edit On January 17 2012 Charles Tisdale of Virginia brought a civil action before the U S District Court for the Eastern District of Virginia In the suit Tisdale alleged that Barack Obama Mitt Romney and Ron Paul each had a non citizen parent and therefore should be barred from the November 6 2012 presidential ballot in Virginia An amicus brief was filed in support of the Plaintiff by attorney Mario Apuzzo District Judge John A Gibney Jr dismissed the suit with prejudice because the Plaintiff does not to state a claim upon which relief may be granted Judge Gibney explained It is well settled that those born in the United States are considered natural born citizens 169 The dismissal was affirmed without comment by the U S Court of Appeals for the Fourth Circuit on June 5 2012 170 Sibley v D C Board of Elections and Ethics edit In June 2012 Sibley filed a lawsuit seeking to compel the District of Columbia s Board of Elections and Ethics to respond to his challenge that Obama is not a natural born citizen and thus ineligible to stand for the 2012 general election 73 Daniels v Ohio Secretary of State edit In July 2012 Susan Daniels filed a lawsuit seeking to prevent the Ohio Secretary of State from placing Obama s name on the November 2012 ballot due to his alleged use of a fraudulent Social Security number 171 Epperly v Obama edit In July 2012 Gordon Epperly sued the Alaska Division of Elections to force it to obtain Obama s birth certificate before it places him on the ballot 172 House v Obama edit On August 10 2012 Todd House a doctor and presidential write in candidate filed a lawsuit alleging Obama was born in Kenya and not a natural born citizen 173 In dismissing the suit the court ruled that Congress and not it was empowered under the U S Constitution to determine the president s eligibility 174 Begay v Obama edit Arnold Begay a federal prisoner who pleaded guilty in 2002 to aggravated sexual abuse of a child filed a lawsuit claiming Obama was not a natural born citizen and sought a court order demanding Obama to produce a sample of his DNA 175 Paige v Condos edit H Brooke Paige who lost the 2012 Vermont primary election for the Republican nomination for the U S Senate sued the Vermont Secretary James Condos seeking to prevent Obama s name from appearing on the ballot The lawsuit was prepared by Mario Apuzzo the attorney who filed Kerchner v Obama but Paige represented himself in court as Apuzzo was not licensed in Vermont 176 On September 21 2012 the court denied Paige s request ruling it had been presented with a radically insufficient basis on which to issue a temporary or even a preliminary injunction 177 On November 14 2012 the case was dismissed because Paige lacked standing 178 In October 2013 the Vermont Supreme Court ruled Obama s re election mooted Paige s appeal and dismissed the case 179 Paige sought review in the United States Supreme Court 180 McInnish v Bennett edit In November 2012 the presidential candidate for the Constitution Party and a member of the Alabama Republican party represented by Larry Klayman alleged the Alabama Secretary of State had a duty to investigate Obama s eligibility The trial court dismissed the complaint and the Alabama Supreme Court affirmed the dismissal Chief Justice Roy Moore and another justice dissented arguing the Secretary of State did have the authority to conduct such an investigation Two other justices wrote concurring opinions that supported the dismissal and addressed the dissenting opinions 181 Grinols v Obama edit On December 13 2012 Taitz filed in Sacramento California a lawsuit of behalf of James Grinols a Republican elector from Minnesota Robert Odden a Libertarian elector from Minnesota Keith Judd a federal prisoner who was on the West Virginia Democratic primary ballot Edward Noonan who won the American Independent Party presidential primary in California and Thomas MacLeran who filed to run as a Republican for president seeking to prevent Congress from certifying the Electoral College s vote 182 The lawsuit also sought to prevent California officials from certifying the election results from the 2012 presidential election On January 3 2013 District Judge Morrison C England Jr denied the plaintiffs request for a temporary restraining order to prevent Congress from certifying the Electoral College s vote 183 In April 2013 the court dismissed the suit In November 2015 the 9th Circuit affirmed the district court s dismissal 184 Criminal cases editThe refusal to accept that Obama was the lawful president led to acts of civil disobedience that were criminally prosecuted Walter Fitzpatrick III and Darren Huff edit Walter Fitzpatrick III was unsuccessful in persuading the foreperson of the Monroe County Tennessee grand jury to indict Obama for treason because of Obama s purported ineligibility to serve as President 185 186 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 187 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 witnesses testified that Huff said he would take over Madisonville Tennessee after the Monroe Country grand jury there refused to indict Obama 188 On October 25 2011 Huff was convicted of transporting a firearm in furtherance of a civil disorder 189 Huff was sentenced to four years in prison 190 Terry Lakin edit Main article Court martial of Terry Lakin On April 13 2010 the United States Army announced that it would court martial Lt Colonel Terrence Lee Lakin an osteopathic physician 191 and flight surgeon in the Army Medical Corps for refusing to report for deployment to Afghanistan Lakin asserted that Obama was not a U S citizen was not legally the commander in chief and therefore lacked the authority to send him to Afghanistan The military revoked Lakin s Pentagon building pass and confiscated his government issued laptop computer 192 Lakin was assigned to Walter Reed Army Medical Center while awaiting trial 193 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 46 Lakin was ordered to deploy and he refused to obey the orders whereupon the military eventually initiated a criminal prosecution under the Uniform Code of Military Justice On September 2 2010 Colonel Denise Lind the presiding judge 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 194 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 195 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 195 196 On December 7 2010 Lakin entered a guilty plea to the charges of disobeying his orders 197 On December 15 2010 a military jury convicted him on a charge of missing movement by design 198 He was sentenced to six months confinement and dismissed from service 199 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 199 On July 28 2011 the United States Army Court of Criminal Appeals granted Lakin s request to withdraw his case from appellate review 200 In February 2012 the Kansas State Board of Healing Arts denied Lakin a license to practice medicine in that state because of his actions 191 Board members noted that Lakin had jeopardized the health of soldiers in his unit by refusing to deploy There was also doubt about whether Lakin would obey the law on any health related legislation signed by Obama 191 In January 2017 supporters of Lakin sought on his behalf a pardon from Donald Trump 201 Theresa Cao edit On January 6 2011 the United States Constitution 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 202 Indictment attempts using citizen grand juries editSome 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 juries to indict Obama 203 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 204 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 U S citizen 205 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 206 In 2013 a citizen grand jury formed by Larry Klayman convicted Obama of fraud 207 See also edit2024 presidential eligibility of Donald Trump Barack Obama citizenship conspiracy theories 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blocked Concord Monitor Archived from the original on March 22 2012 Obama ballot complaint rejected New Hampshire Union Leader November 28 2011 Archived from the original on April 5 2012 Retrieved November 29 2011 Spolar Matthew November 22 2011 House majority leader dresses down birther Concord Monitor NH lawmakers question Obama ballot status Boston Globe January 3 2012 Symons Michael April 11 2012 Obama ballot challenge weighed by NJ judge Asbury Park Press Purpura Moran v Obama NJ Ofc Adm Law 10 April 2012 The petitioners legal position on this issue however well intentioned has no merit in law Text Purpura Moran v Obama N J Super App Div 31 May 2012 Text Micek John March 1 2012 Commonwealth Court Dismisses Obama Ballot Challenge The Morning Call Archived from the original on March 3 2012 Retrieved March 1 2012 Brennan Chris March 16 2012 Birthers 0 for 3 in knocking Obama off PA primary ballot Philadelphia Daily News Montgomery David May 10 2012 Rapid City man wants Obama tossed off state ballot Rapid City Journal Mercer Bob May 11 2012 Board of Elections steps away from Obama dispute Pure Pierre Politics Schoenburg Bernard Bernard Schoenburg Democrat Crews takes GOP sheriff s side in county board race The State Journal Register Hendley Matthew October 19 2012 Joe Arpaio s Birther Chief Mike Zullo Strikes Back at Orly Taitz Says He Doesn t Want Circus Show Involved Phoenix New Times Archived from the original on October 21 2012 Retrieved October 19 2012 Celock John September 13 2012 Obama Birther Challenge Subject Of Kansas Objections Board Hearing The Huffington Post Eligon John September 14 2012 Kansas Ballot Challenge Over Obama s Birth Is Ended The New York Times Obama s spot on Kansas ballot set as challenge ends The Hutchinson News September 17 2012 Archived from the original on September 22 2012 Retrieved September 17 2012 Taitz files Kan suit to block Obama candidacy The Topeka Capital Journal September 20 2012 Fry Steve November 6 2012 Judge rejects challenge to include Obama on ballot The Topeka Capital Journal Kenney David September 24 2012 Lawsuit filed to remove Obama from Mississippi ballot WLBT Yaniv Oren April 3 2013 Brooklyn judge slams birther lawsuit as fanciful delusional and irrational and orders theorist to pay 177G New York Daily News Retrieved December 12 2013 Ross Jamie October 28 2011 Birthers Sue Democratic National Committee Courthouse News Service Class Action Complaint for Declaratory and Injunctive Relief pp 3 5 Liberty Legal Foundation v Obama D Ariz 11 July 2012 Text Liberty Legal Foundation v Obama W D Tenn 21 June 2012 Text Birthers sanctioned by federal judge for frivolous lawsuit claims Tennessee Democratic Party PolitiFact com Charles Tisdale v Barack Obama Ron Paul Mitt Romney E D Va 20 Jan 2012 Text Charles Tisdale v Barack Obama Ron Paul Mitt Romney 4th Cir 15 June 2012 Text Obama s Social Security Number Questioned 11 Other Things World Net Daily Should Look Into Huffington Post July 5 2012 Miller Matt July 25 2012 Juneau man sues for President s birth records KTOO FM Gerth Joseph August 22 2012 Doctor sues to have President Barack Obama removed from Kentucky ballot The Courier Journal Judge dismisses lawsuit seeking to toss Barack Obama off Kentucky ballot The Courier Journal October 4 2012 Hendley Matthew September 14 2012 Child Molester Sues for Obama s DNA Plans to Compare It to Osama Bin Laden s Phoenix New Times Hemingway Sam September 17 2012 Lawsuit filed to get Obama off Vermont ballot over birth eligibility The Burlington Free Press Hemingway Sam September 24 2012 Judge in Obama natural born citizen case won t halt release of Vermont election ballots The Burlington Free Press Hemingway Sam November 14 2012 Vermont judge tosses natural born citizen anti Obama lawsuit The Burlington Free Press Court rejects Obama citizenship challenge by GOP Senate candidate Honolulu Star Advertiser October 19 2013 Hemingway Sam March 7 2014 Vermont natural born citizen case targeting Obama appealed The Burlington Free Press Lawson Brian March 21 2014 Alabama Supreme Court upholds decision to toss birther lawsuit Chief Justice Roy Moore dissents The Birmingham News Celock John December 13 2012 Orly Taitz Sues To Stop Electoral College Vote Huffington Post Stanton Sam January 3 2013 Orly Taitz s Obama birther claims rejected in court again Sacramento Bee Coker Matt November 5 2015 This is Tyranny Orly Taitz Bemoans Dismissal of Her Last Surviving Birfer Suit Against Obama OC Weekly Archived from the original on November 7 2015 Retrieved November 6 2015 Roth Zachary May 6 2010 Right Wing Extremists Take On Local Law Enforcement Lose Talking Points Memo Satterfield Jamie August 2 2010 Birther cites Constitution in bid for new lawyer Knoxville News Sentinel Courthouse takeover suspect wants new lawyers Atlanta Journal Constitution July 26 2011 Johnson II Lucas L October 25 2011 Darren Wesley Huff Georgia Birther Convicted Of Plot To Take Over Courthouse To Topple Obama The Huffington Post Retrieved December 13 2013 Satterfield Jamie October 25 2011 Georgia man convicted of one crime acquitted of another in alleged courthouse takeover plot Knoxville News Sentinel GA man who plotted to seize Monroe Co courthouse is going to prison WBIR TV May 15 2012 a b c Wright Dana February 2 2012 The doctor will won t see you now KCTV Archived from the original on March 31 2014 Retrieved February 28 2012 Sheridan Michael April 14 2010 Birther Lt Col Terry Lakin to be court martialed for refusing order to deploy to Afghanistan Daily News New York Montopoli Brian April 15 2010 Army Birther Terry Lakin Faces Court Martial CBS News Judge removes birther elements from Army doc s court martial CNN September 3 2010 Archived from the original on November 6 2010 Retrieved November 13 2010 a b Minor Jack August 9 2010 Second General backs Lakin says President should produce birth certificate Greeley Gazette Linkins Jason September 1 2010 Fox News Military Analyst Comes Out As Birther The Huffington Post Shane III Leo December 14 2010 Lakin facing jail time for guilty plea at start of birther court martial Stars and Stripes Military jury convicts birther from Greeley of evading deployment Associated Press December 15 2010 a b Birther sentenced to six months in prison kicked out of Army Stars and Stripes December 16 2010 Retrieved December 16 2010 United States v Terrence L Lakin PDF July 28 2011 Archived from the original PDF on September 15 2017 Retrieved August 2 2011 Miner Michael February 13 2017 Supporters of birther army doctor Terry Lakin petition Trump for pardon Chicago Reader Birther arrested during Constitution reading Politico Arlington County Virginia Allbritton Communications Company January 6 2011 Archived from the original on January 8 2011 Retrieved January 6 2011 Weigel David June 3 2009 Citizen Juries The New Birther Style The Washington Independent Archived from the original on July 14 2009 Retrieved July 8 2009 Weigel David June 30 2009 What the Obama Birthers Are Handing Out The Washington Independent Archived from the original on July 5 2009 Retrieved July 8 2009 Weissmann Jordan March 6 2009 Judge Dismisses Obama Indictment Legal Times Retrieved March 6 2009 In re Super American Grand Jury Misc No 2009 0346 D D C July 2 2009 Bump Philip December 18 2013 Just Because You re Paranoid Doesn t Mean They Aren t After You The Atlantic Archived from the original on December 22 2013 Retrieved December 23 2013 External links editList of eligibility cases with references documents 225 cases dismissed rejected or otherwise resolved in favor of Obama s eligibility 1 pending as of August 2015 update Retrieved from https en wikipedia org w index php title Barack Obama presidential eligibility litigation amp oldid 1211837186 Ankeny v Governor of the State of Indiana, wikipedia, wiki, book, books, library,

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