Cohen V Obama

Ir\I THE UNITED DISTRICT COURT FOR THE

WESTERN DISTRiCT OF OKLAHOMA

JUl 08 2009 ROlit· .

I).

llcl'jI'!IS, Q.ERI't.

01$1.

Murray Cohen,

~y

) ) Petitioner,

Dirt. Of O~ g~U1Y

CIV~ 09= )

vs.

) ) ) )

Barack Hussein Obama, President of the United States of America And the Chief Executive,

Case No.

)

)

)

Respondent

)

This complaint is divided into five distinct sections and a prayer:

A. Petition for the redress of grievances; B. Powers authorized by the Constitution to the Executive Branch of Government; C. Powers authorized by the Constitution to the Legislative Branch of Government; D. Powers authorized by the Constitution to the Judicial Branch of Government; E. Memorandum and Specifications in support of Presidential violations of sections A, B,C, & D, above; F. Prayer for enjoining the President's conduct in violation of the United States Constitution; for the discontinuance of said infringements and unauthorized conduct as specified in Section F. THE PRAYER hereinafter.

A. PETiTiON FOR THE REDRESS OF GRiEVANCES Now comes the undersigned, a Citizen, Veteran, Taxpayer, and a "People" within the ordinary meaning of the First Amendment of the United States Constitution, written in simple English, and petitions the court herein to enjoin the President of the United States from violating the United States Constitution in the following multitude of unauthorized actions.

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The authority for said petition is found in Amendment I of the United States Constitution to wit: AMENDMENT I "Congress shall make no law . . . abridging . . . the right of the people ... to petition the Govemment for a redress of grievances." And further, AMENDMENT V "No person shall be due process of law;

deprived of life, liberty, or property, without "

And further, AMENDMENT X "The powers not delegated to the United States by the Constitution, ... are reserved to the States respectively, or to the people." And further, AMENDMENT XIV Section 1 "All persons bom or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside . . . nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." B. POWERS AUTHORIZED BY THE CONSTITUTION TO THE EXECUTIVE BRANCH OF GOVERNMENT ARTICLE II Section 1 "The executive Power shall be vested in a President of the United States ... "Before he enter on the Execution of !"lis Office, he shall take the following Oath or Affirmation; -'I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.'"

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ARTICLE II

Section 2

"The President ... "He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other Public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.... "

ARTICLE II

Section 4

"The President, . . . of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."

C. POWERS AUTHORIZED BY THE CONSTITUTION TO THE

LEGISLATIVE BRANCH OF GOVERNMENT

ARTICLE I

Section 8

"The Congress shall have Power ...

"To establish an uniform Rule of Naturalization, and uniform Laws

on the subject of Bankruptcies throughout the United States; ..."

ARTICLE I

Section 9

" . . . No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time ...."

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ARTICLE I Section 10 "No State shall ... pass any ... Law impairing the Obligation of Contracts, ... "

D. POWERS AUTHORIZED BY THE CONSTITUTION TO THE

JUDICIAL BRANCH OF GOVERNMENT

ARTICLE III

Section 1

"The judicial Power of the United States shall be vested in one supreme Court, ... The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, ... " ARTICLE III

Section 2

"The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, ... to all Cases affecting Ambassadors, other public Ministers and Consuls; ... the supreme Court shall have original Jurisdiction...." ARTICLE IV

Section 4

"The United States shall guarantee to every State in this Union a Republican Form of Government, ... D

ARTICLE VI "The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; "

E. MEMORANDUM AND SPECIFICATIONS IN SUPPORT OF

PRESIDENTIAL VIOLATIONS OF SECTIONS A, B, C, & D

The President has taken an Oath to support the Constitution of the United States of America. The President may be removed from Office on Impeachment for, and Conviction of, Treason, Bribery or other high Crimes and Misdemeanors.

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Where in Article II Section 1

lL • • •

Power ... vested in a President" is the President

delivered the power to fire the head of General Motors directly or indirectly! Where in the entire Constitution is the President delivered the authority to save one banking institution and let another fail! Where in the Constitution is the President delivered the authority to take over private or public businesses! Where in the Constitution is the President delivered the power or authority to take over private automotive companies! Where in the Constitution is the President delivered the power to own shares of stock in private companies and to vote those interests! The President does not have the power to vote the public interest in those corporations. I insist the President send me and other citizens our certificates of ownership of those public or private companies. I did not delegate to the President my authority to vote for the directors of those companies. Those authorities have not been delivered to the President, the Executive Branch of Government, or his personally chosen lackeys. Where in the Constitution is the President delivered the power to authorize through his Mini Czars the cancellation of automobile franchises and to breach contracts between automobile companies and the franchise dealers without due process! Where in the Constitution is the President delivered the authority to appoint some twenty-two Mini Czars and their over six hundred employees, without advice and consent of the Senatel Where in the Constitution is the President delivered the authority to manipulate the laws of Bankruptcy! The President has no authority to mistreat Chrysler's Secured Creditors and Bond Holders. This is an unconstitutional taking of property. Further, it is common knowledge that the President is politically indebted to the Automotive Unions. Where in the Constitution is the President delivered the authority to deprive corporate officers and directors from exercising their personal due process and property rights and their duties to their shareholders, employees, Secured Creditors, and Bond Holders through manipulation, intimidation, threats of dismissal from employment and other strong-arm tactics!

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How did the President get the Automotive Union's unsecured and unproven claims to stand in front of Bond Holders, Secured Creditors, and General Creditors without regard to the Bankruptcy Laws? Were the Bankruptcy Courts and Judges intimated also? Article I Section 8 of the Constitution authorizes the establishment of a uniform Bankruptcy Law throughout the United States. The Bankruptcy Laws required by the Constitution are not to be manipulated. The Executive Branch of Govemment is a political institution. The Legislative Branch of Government has become a political institution, regrettably. The Judicial Branch of Govemment, or Courts, is our last defense. The Constitution is the supreme law of the land. The only recourse of the people is the Constitutional right to petition for the redress of grievances. The President after three days in Office directed the closing of Guantanamo, in Cuba. This facility is the country club of our penal system. The President now wants eighty million dollars ($80 Million) to close said facility. We citizens paid for that facility and own it. In addition the President paid two hundred million dollars ($200 Million) of my and my fellow citizens' money to a foreign Government to take, and house, some three detainees. Further, the President in support of a political gesture paid one hundred and eighty dollars ($180) per day, plus food and medical care, for several detainees to be housed in Bermuda, a Foreign Territory, without advice and consent of the Senate in violation of Article \I Section 2 of the Constitution. Where in the Constitution is the President delivered the authority to use public funds in the millions of dollars to be directed and paid to ACORN, a private group of entities presently responding to some fourteen suits in our federal courts for fraud, with no accountability or transparency of any kind! The use of public funds should be immediately terminated by the Court and a total financial accounting be ordered. The President does not have Constitutional authority to expend public funds for a disguised political use. It is common knowledge that Acorn is an appendage of the President's political supporters. Barak Hussein Obama, our President and Chief Executive, is a graduate of Harvard Law School and claims to have been a Professor of Law. Maybe he should read the Constitution, the supreme law of the land. Our President proposed and had passed a seven hundred and eighty billion dollar ($780 Billion) stimulus package, which he did not write or

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read. Congress passed that bill and was not allowed time, (some eighteen hours), to read and examine a bill having over 800 pages. This is a misdemeanor at minimum. Barack Hussein Obama is President of the United States of America, swom to uphold the Constitution. He is not a monarch. Our federal revenue is not his personal bank account. It is my and other citizens' money he is spending, in my mind not to increase employment but to insure political support. There are only three ways to alter this Govemment: First, by revolution, which I do not endorse. Second, by assassination which is illegal, and I do not endorse. Third, by petitioning the govemment for the redress of grievances.

F. PRAYER FOR ENJOINING THE PRESIDENTS CONDUCT IN VIOLATION OF THE UNITED STATES CONSTITUTION; FOR THE DISCONTINUANCE OF SAID

INFRINGEMENTS AND UNAUTHORIZED CONDUCT.

This Court has taken an oath to support and defend the Constitution, as has the President. The President has violated his oath and this Court should correct those violations. 1. This Court should by order or injunction terminate the appointment of the President of General Motors and the politically appointed board of directors. A new president and board of directors should be voted in by the shareholders of the corporation under the supervision of the Bankruptcy Court. 2. This Court should by order terminate the ownership of shares in General Motors and Chrysler by the govemment and automotive unions. 3. Trlis Court Sl10uld by order or injunction reverse all automotive franchise cancellations and let the Bankruptcy Court handle the matter as provided for by the Constitution. 4. This Court should by order or injunction let the Bankruptcy Court reorder the priorities of the Bond Holders and other Secured Creditors. The President has no authority to place unsecured and unproven union claims in front of superior claims. 5. This Court should by order or injunction terminate the govemment takeover of any private or public companies and prevent the govemment from owning shares in

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those companies including but not limited to automotive, insurance and banking entities. 6. This Court should by order or injunction terminate all mini Czars and their over six hundred employees, without pay, immediately. 7. This Court should by order or injunction direct the government not to pay foreign governments to house military prisoners. We own Guantanamo; keep the prisoners in that facility. Let the President back off his silly political statement. 8. This Court should terminate all funds to ACORN, a private company. Further, ACORN should be stopped from being involved in the national census effort because of their aforementioned federal lawsuits. A total ACORN financial examination should be ordered to account for the use of public funds. 9. This Court should terminate by order or injunction the President's practice of introducing complicated legislation without allowing sufficient time for Congress to read, study, and inquire into such legislation.

In the final analysis, if, in the sound judgment of this Court it is too late to undo some of the President's overreaching, the following admonition is urged: Mr. President, the United States of America is a Republic, all power is in the people. Government is divided into three equal branches: the executive, legislative and judicial, whose powers are specifically delivered and limited. You have been elected President, and Chief Executive, do not

presume to be King.

Raw: ~ Munal~ohe~

One of the penoPIJ, a Citizen, Taxpayer and Veteran Attorney-at-Law, retired OBA#1766 3101 Castle Rock Road, Villa 51 Oklahoma City, OK 73120 405-755-2954

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