Federal Barack Obama presidential eligibility litigation




1 federal

1.1 berg v. obama
1.2 essek v. obama
1.3 kerchner v. obama
1.4 barnett v. obama
1.5 hollister v. soetoro
1.6 cook v. good
1.7 rhodes v. macdonald
1.8 taitz v. obama
1.9 taitz v. astrue
1.10 taitz v. ruemmler
1.11 archibald v. u.s. department of justice
1.12 sibley v. obama





federal
berg v. obama

on august 21, 2008, pennsylvania attorney philip j. berg, democrat , former deputy state attorney general, filed complaint alleging obama born in kenya, not hawaii, , therefore citizen of kenya or possibly indonesia, lived child. alleged certification of live birth on obama s website forgery. u.s. district judge r. barclay surrick dismissed complaint in october 2008, finding berg lacked standing bring case , attempts gain standing pursue claim frivolous , not worthy of discussion.


bypassing united states court of appeals third circuit, berg filed petition writ of certiorari before judgment in united states supreme court. on december 10, 2008, supreme court denied berg s request injunction against seating of electoral college, scheduled december 15. on december 15, 2008, petitioner refiled application injunction. 2 days later, berg s appeal denied without comment supreme court justice anthony kennedy. berg s denied request injunction refiled justice antonin scalia on december 18, 2008. on january 12, supreme court denied petition certiorari. application stay addressed justice scalia , referred court summarily denied on january 21, 2009.


on november 12, 2009, united states court of appeals third circuit affirmed district court s ruling berg lacked standing.


essek v. obama

on november 25, 2008, daniel john essek of whitley county, kentucky, filed pro se federal lawsuit in kentucky eastern district court. suit filed freedom of information act case, amended judicial challenge obama s qualifications office of president of united states. essek sought prevent inauguration of barack obama on grounds obama not natural born citizen based on allegations obama born in kenya. district judge gregory f. van tatenhove dismissed suit because of lack of subject matter jurisdiction, stating mr. essek s grievance generalized grievance of voter, not specific injury have granted him standing sue.


kerchner v. obama

on january 20, 2009, attorney mario apuzzo filed lawsuit in federal court, on behalf of charles kerchner , other plaintiffs, suing president-elect barack obama, united states congress, dick cheney, , nancy pelosi alleging obama ineligible president, , congress failed verify obama s eligibility. federal district court in new jersey dismissed suit, ruling plaintiffs lacked standing. on july 3, 2010, united states court of appeals third circuit, citing berg v. obama, affirmed dismissal, , ordered apuzzo show cause why should not sanctioned initiating frivolous appeal. apuzzo s subsequent request hearing denied, order show cause discharged. on november 29, 2010, u.s. supreme court declined, without comment, hear case.


barnett v. obama

on january 20, 2009, orly taitz filed lawsuit in federal court, alan keyes et al v. barack h. obama et al against obama, wiley drake 1 of named parties plaintiff. on july 13, 2009, presiding judge dismissed case without prejudice on technical grounds, , on july 14, 2009, taitz refiled first amended complaint captain pamela barnett v. barack hussein obama on behalf of alan keyes, wiley drake, cynthia davis, gail lightfoot, several other local politicians, , various armed service members. taitz sought declaratory judgment obama ineligible office , injunction void actions , appointments president.


two of plaintiffs, markham robinson , drake, subsequently attempted dismiss attorney, orly taitz, refused sign substitution-of-attorney documents , instead filed dismiss 2 of them plaintiffs in case. on september 8, 2009, judge david o. carter denied dismissal of drake , robinson plaintiffs, , granted motion substitute gary kreep of united states justice foundation counsel them, refused dismiss magistrate judge arthur nakazato case, , set tentative trial date january 26, 2010.


at hearing on october 5, 2009, carter considered defendants motion dismiss , declined rule bench, saying take matter under advisement. on october 7, 2009, released minute order finalizing tentative dates summary judgment motions , trial, , on october 29, 2009, dismissed case. on december 22, 2011, united states court of appeals ninth circuit affirmed dismissal, ruling plaintiffs lacked standing challenge eligibility of sitting president. on june 11, 2012, u.s. supreme court declined, without comment, hear case.


citing new evidence, on august 14, 2012, taitz filed motion in judge carter s court re-open case. motion denied on august 31, 2012.


hollister v. soetoro

on march 5, 2009, lawsuit filed philip berg on behalf of gregory s. hollister, retired air force colonel, against barack obama (referenced barry soetoro , name given @ time of enrollment in indonesian elementary school). suit dismissed in united states district court district of columbia. presiding judge, james robertson, said case waste of court s time, calling berg , lawyer agents provocateurs , local counsel, john hemenway, foot soldier in crusade. ordered hemenway show cause why should not pay legal fees obama s attorney penalty filing complaint improper purpose such harass . district court reprimanded hemenway actions, , united states court of appeals district of columbia circuit upheld dismissal of case , hemenway s reprimand. on january 18, 2011, u.s. supreme court declined, without comment, hear case.


cook v. good

on february 1, 2009, stefan f. cook, major in united states army reserve, contacted taitz via e-mail, asking part of lawsuit. on may 8, volunteered serve 1 year in afghanistan beginning on july 15, 2009. army accepted offer , ordered him report on date. on july 8, however, filed suit, taitz lawyer, seeking temporary restraining order , status conscientious objector, arguing deployment orders invalid because obama not natural-born u.s. citizen, , therefore ineligible serve commander-in-chief of armed forces. orders thereupon revoked; army spokesperson stated, reserve soldier volunteers active duty tour may ask revocation of orders until day scheduled report active duty. accordingly, cook s case dismissed moot on july 16.


in lawsuit, captioned stefan frederick cook v. wanda l. (colonel wanda l. -commander, u.s. army human resources command – st. louis) , filed in united states district court middle district of georgia, cook asserted acting in violation of international law engaging in military actions outside united states under president s command. ... simultaneously subjecting himself possible prosecution war criminal faithful execution of these duties. in april, before cook volunteered deployment afghanistan, had been included in taitz s list of people said represented plaintiffs, in letter raising citizenship issue. retired army major general , active reserve air force lieutenant colonel subsequently joined georgia case plaintiffs alongside cook. cook s deployment orders canceled, , government spokesman explained, commanding general of soccent (u.s. special operations central command) has determined not want services of major cook, , has revoked deployment orders. army centcom spokesman rejected false claims revocation validated cook s claims: in no way validates of outlandish claims made maj. cook or attorney. idea validates charges president s fitness office false.


after case filed, taitz alleged cook had been terminated civilian job defense contractor, after situation @ company had become nutty , crazy .


cook received significant media coverage on july 16, 2009, fox news s sean hannity.


after lawsuit reported in columbus ledger-enquirer, newspaper reported receiving highest volume of traffic ever single story in history of ledger-enquirer.com, including written threats against newspaper , half million new readers , hundreds of e-mails. threats prompted increase in security around courthouse cook s case heard, precautions being taken protect author of newspaper s reports on case. executive editor ben holden noted: chatter had feel of righteous cause – religious cause – because people hate president.


rhodes v. macdonald

in september 2009, taitz filed rhodes v. macdonald (colonel thomas macdonald – garrison commander, fort benning, georgia) on behalf of captain connie rhodes, u.s. army physician, sought restraining order stop rhodes forthcoming deployment iraq. in request restraining order, taitz argued order illegal since obama illegally serving president. on september 16, federal judge clay d. land (the same judge heard cook v. good) rejected motion , denounced frivolous.


within hours of land s decision, taitz told news site talking points memo felt land s refusal hear case act of treason. 2 days later, filed motion stay rhodes deployment pending rehearing of dismissal order. repeated treason allegations against land , made several other intemperate statements, including claims land aiding , abetting purported aspirations of dictatorship obama. land rejected motion frivolous , ordered show cause why should not fined $10,000 abuse of judicial process.


a few hours later, letter bearing rhodes s signature arrived, stating taitz filed motion without knowledge or consent, asking land remove taitz attorney of record in case, , stating plan file complaint california state bar due [taitz s] reprehensible , unprofessional actions. on september 26, 2009, taitz filed motion court seeking withdraw counsel rhodes, divulge in court privileged attorney-client communications since dismissed rhodes case quasi-criminal prosecution of undersigned attorney, purpose of punishment.


on october 13, 2009, judge clay land ordered counsel orly taitz ... pay $20,000 united states, through middle district of georgia clerk s office, within thirty days of date of order sanction misconduct in violation of rule 11 of federal rules of civil procedure. land s decision stated:



the court finds counsel s conduct willful , not merely negligent. demonstrates bad faith on part. attorney, deemed have known better. owed duty follow rules , respect court. counsel s pattern of conduct conclusively establishes did not mistakenly violate provision of law. knowingly violated rule 11. response court s show cause order breathtaking in arrogance , borders on delusional. expresses no contrition or regret regarding misconduct. contrary, continues baseless attacks on court.



upon learning of land s ruling, taitz said appeal sanction, declaring judge land scared go against regime of oppressive obama administration, , sanction attempt intimidate her. on march 15, 2010, united states court of appeals eleventh circuit affirmed sanctions against taitz. on august 9, 2010, federal government filed abstract of judgment, document placing lien in amount of $20,000 plus interest on real property, prompting taitz say, pay money, , continue fighting. on january 10, 2011, u.s. supreme court declined, without comment, hear case.


taitz v. obama

on january 27, 2010, taitz, in propria persona, filed petition writ of quo warranto. on april 14, 2010, u.s. district court chief judge royce c. lamberth dismissed petition; and, alluding novel don quixote, wrote, court not willing go tilting @ windmills her.


taitz v. astrue

in february 2011, taitz filed, in propria persona, freedom of information act suit against social security administration, alleging agency improperly refused disclose information obama s social security number. after taitz repeatedly failed follow court rule regarding redaction of social security numbers in court filings, chief judge lamberth wrote taitz either toying court or displaying own stupidity… there no logical explanation can provide why wasting court’s time, staff’s time, these improper redactions. on august 30, 2011, court granted summary judgment in favor of government, writing numerous filings court demonstrate, plaintiff stop @ nothing bottom of alleged conspiracy. unfortunately plaintiff, today not lucky day.


taitz v. ruemmler

taitz sought compel white house counsel kathryn ruemmler under foia grant access obama s long form birth certificate. on october 17, 2011, chief judge lamberth noted taitz s sisyphean quest , dismissed suit.


archibald v. u.s. department of justice

in november 2011, george archibald filed foia suit seeking information regarding obama s birth in 1961, family background, citizenship, residency, immigration, expatriation/repatriation, , other matters related obama s origins , nationality generated during fbi s 2008 investigation of presidential candidates .


sibley v. obama

montgomery blair sibley, disbarred attorney once represented deborah jeane palfrey (the d.c. madam ), sued obama in january 2012, alleging not natural-born citizen , birth certificate forgery. federal judge dismissed sibley s suit on june 6, 2012. in march 2012, sibley filed suit u.s. supreme court, stating district court had been slow in considering case.








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