Declined-osc W Strunk Aff In Support Of Osc For Protective Order And Preliminary Hearing And Mol Nys 29642-08 112309

TRANSMISSION VERIFICATION REPORT TIME NAME FAX TEL SER. #

DATE, TIME FAX NO./NAME DURATION PAGE (S) RESULT MODE

11/24 18:17 12124230450 00: 04: 08 07 OK STANDARD

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11/24/2009 18:21 CARL E PERSON ESQ

2123070247 2123074444 BROC9J919841

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At LGS Part of the Supreme Court of the State o f New York Held in ar~dfor the County of Kings;at the coarthor~seat 360 *dams Stnet on the ~3 Dny of November 2009

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D. S C ~ I W O ~

PRESENT; Hon.

Justice of the Supreme Court

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Christopher Earl Strunk,

lndex No.: 29642 / 08

Petitioner,

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-againstDavid A. Paterson @A'S Governor), Andrew Cuomo (NYS Attorney General), Thomas P.DlNnpoli (NYSComptroller), Sheldon Silver (NYS Speaker of

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ORDER TO SHOW CAUSE WA"l?£ITRO, PROTECT.TVE ORDER, FERMANENT TNJDNCTTON, AND OTHER EQ'UETY RELIEF

the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS Assemblymm far the 5p AD), Christine Quinn (NYC Speaker of the Council), William Thompson (NYC Comptroller), Jim Tedisco ( N Y S Assemblyman), D a n Skelos (President pro ternpore of the N Y S Senate) in their Offjcial Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their oficid Capacity and individually; The Ncw York State Board of Elections and John Does and Jane Docs \ Respondents.

f hris1opha.Ear1

Upon reading and filing the ~DCidavit

Stru~lkaffirmed

to

on the 23rd

day of November 2009, and upon the exhibits with verified complaint annexed as y h i b i t A, and memorandum of law annexed, wishing equity relief wit11 temporary restrainiug order, protective

order of plaintiff in association with various named persons alleges State actions of harassment threats and infi-i.ngementof first, fourth, fifth, ninth and tenth amendment rights &der jurisdiction of the entirety of the State of New York Constitution especially application of Article le I Bill of Rights and Article LLT Section 4 as to the 2010

TJ protection J

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Census enumeration and Governor David A. Patersoc's Executive Order No.: 30 as applies to New York State Election Law Article 616-100 and underlying allegation that Election Law

.Article 6 is nlisayplied and mis-administered by agents of the NY S Board of Elections and sub-

divisions from before the November 4, 2008 General Election as part of predicate acts to facilitate a nationwide RlCO Enterprise fraud, unjust enrichment and theft of personal suffrage roperty seek emergency equity relief pending an expedited discovery for a hearing for

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permanent injunction. Therefore pending a hearing on this instant action and it is alleged with

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imminent irreparable harm with time as the essence, that warrants a TRO equity relief for

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Plaintiff and his a.ssociates and material witnesses req~~ests isstlance of a protective order.

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IT IS ORDERED of agents of the City of New York, State of New York and or

other Federal agencies or those under its control to enforce a protective order as to material witnesses with mch respective family of : Pastor James David Manning of Atluh New York.

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II I

Robert K.Dornan of Virginia, Eric-Jon Phelps of Pennsylvania, Jonathan Levy of Washington

D.C.,Orly Taitz of California, John D. Hemenway of Washington D.C. ,Mario Apuzzo of New Jersey. Robert L. Schulz of New Yo*, H. William Van Allen of New York, John-Joseph FoGone of New York, Edward M. Person Jr. of Florida, Julian Panachyd and Carl E, Person of

New York, Jim Faulkner of Yonkers New York; and Plaintiff and his family, to bar any hrther

IT JS ORDERED that this protective order restrains the City of New York Department

of Police m D ) ,United States Federal agent John Does from the Central Intelligence Agency, Secret Service, Federal Bureau of Investigation, National Security Agency deployed by or with

i

the Department of Homeland Security separately or under-cover of the NYPD or any Federal

NOU-24-2009 05:39P FR0N:HON GERRLD HELD

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i

Agency within the jurisdiction of this Court shall first seek approval of this Court before any

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conlact i.s made with Plaintiff, Plaintiffs family, any above listed Material Witness and or

Material Witness's respective family. that the City of New York, NYPD,State ofNew York, their agents and or any Federal Agency shall not intentionally get nearer than 200 yards from the protected persons;

and IT IS ORDERED that this protective order shall be enforced until further order of this

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Court;

and FURTHER IT IS ORDERED that pending an expedited hearing on a permanent

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injunction Plaintiff shall present to the Coun eleven (1 I) proposed subpoenas: one (1) subpoena for Pastor Manning;

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one subpoena each of the four (4) as yet named John Does: two (2) NYPD

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Detectives and two (2) Federal agents;

one subpoena each of the f ~ i r (4) r federal agency starion chiefs based in New i

York city of the Central Intelligence, Secret Service, Federal Bureau of 8

Investigation, National Security agencies and whose alleged agents that were

deployed undercover of and use with the NYPD,

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one (1) subpoena to the h!YPD chief of police supervising the two detectives ._.*

alleged herein;

one (1) subpoena of the Department of Horneland Security station chief of New York City supervising the activities of the four alleged agencies

NOU-24-2009 05:39P FR0M:HON GERQLD HELD

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II

7186437845

de~loyirrgtwo federal agents under-cover of > W D to harass the material witnesses;

FURTHER IT IS ORDERED that dl thcse to be subpoenaed appear to provide

and evidence at the hearing for an injunction with restraint in the matter of alleged notorious harassment and tailnpering with Plni~ltitYsn~nterialwitness Past-orManning in this case with causes two thru Five of the Complaint shown on Exhibit A involving the alleged ongoing Enterprise corruption, with Barack Hussein Obama and Nancy Pelosi at its hub,

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using State officials with fiduciary duty to do otherwise; and

FURTEIER IT 1S ORDERED that the station chieqs) of the Department of Hollleland Security, Central Inrelligeilce Agency, Secret Service, National Security Agency, and Fedepl Bureau of Investigation produce the two John Do+) Agents to appear Tuesday December 1,2009 at.

in the forenoon at a room

provided at the Court at 360 Adams Street Bmoklyn for inmediate deposition in

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preparation for a hearing for fear of their flight risk overseas with restraint of any - ,

possibility of their redeployrnenk ofthe respective agents by any agency;

FURTaER IT IS ORDERED that each respective Federal agent =&ear at the hearing on Friday December 4, 2009 at

in the forenoon in Courtroom

at 360 Adains Street Brooklyn for a hearing for a permanent injunction with protective order as to plaintiff and his material witnesses and respective families, and

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that those subpoena, named defendants including the NYS 'BOE provide expedited

NOU-24-2009 05:39P FR0M:HON GERRLD HELD

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discovery in the matter of the vsrious certificztes filed in reszrds to the respective perty Presidential candidates on tlie ballot at the November 4,2008 General Election so that the

court may issue a declarato~yjudgn~enton the matter of \vhetI~zror not tlie New York State Board ~f Elections Commissioaers and or sgents within its subdivisions have a fiduciary duty under New York Election Law Article 6 with its express wealcrless not requiring a affirmation by the filer to deteni~irlethe truth of each Presidential candidate eligibility to be on the General Election Ballot; and mPRTRER IT 1S ORDERED that the Honorable Governor David A. Paterson

provide testimony in the matter of expedited discovery of the events leading up to issuance of Governor Paterson's Executive Order No.: 30 calling for the transfer of the

actual 2010 census enumeration with 13 USC 141 duty to enumerate all persodin the state initiated by Barack Hussein Obama as if with 13 USC 195, and in which Plaintiff Complaint involves the two thnr five allegations that the defendants and other yet named

are part of a wide ranging enterprise fraud upon Plaintiff and those similarfy situated, with alleged civil rights violations for unjust enrichment; and

FURTHER IT I$ ORDERED that at lhwing a TRO restraining niay issue as a /

Permanent Injunction as to use of alleged R!CO tainted derivatives of ACORN'S myriad cornbillntion of cotnrnunifjrbascd orgunizations cr~nunallyi~~volved in Motor-voter registration, Mcdiwid false billing ponzi-schane fiauds and felomous misrepresentation of public

documentation and aborning witncsscs for pay be 8cctive until further noticc by this court; 2gd

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NOU-24-2009 05:40P FR0M:HON GERRLD HELD u

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FURTHEPPIM@RE1T IS ORDERED that here may bc different and fimher relief grantcd as deemed necessary by the C'o~irt~ncludingbut not Iirn~tedto a permanent rnjunct~vc order under state constitutio~ldauthority as lo he 2010 Census enumeration in New York MI

bc conducted by the United States Postal Sen.Vc'r u n i f m c d postal carriers under contract with

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the State of New York and junsdictlon of t h ~ scourt

Let the respondents or their attorney show muse at the IAS Part

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2 -

\$7

,Room

, of this Court, to be held at the Courthouse, 360 Adams Street, Brooklyn, New York on

thd -;lay of -..A

7'0

-

, 2009. tit

o'clock in the

noon or as soon

as counsel may be heard why an order should not be made affecting the protective order,

restraint with permanent injunction and declatatory judgment on aspects of the Governor's

Executive order as to the State of New York jurisdiction over the 201.0 Census count here; and Sufficient cause appearing therefore let personal service of this order, and the papers

upon which this order is granted, upon the State respondents upon their counsel. City of New

York upon its Corporation Counsel, and the New York State Board of Elections' Counsel on or

J preafatserv1r.p tp. -

,dy

before

of November 2009 be deemed good and mfftcicnt.

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Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS

Index No.: 29642 / 08

---------------------------------------------------------------------------x Christopher Earl Strunk, Plaintiff, -againstDavid A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Thomas P. DiNapoli (NYS Comptroller), Sheldon Silver (NYS Speaker of the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS Assemblyman for the 57th AD), Christine Quinn (NYC Speaker of the Council), William Thompson (NYC Comptroller), Jim Tedisco (NYS Assemblyman), Dean Skelos (President pro tempore of the NYS Senate) in their Official Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their official Capacity and individually; The New York State Board of Elections and John Does and Jane Does Defendants. -------------------------------------------------------------------------x

STATE OF NEW YORK COUNTY OF KINGS

AFFIDAVIT IN SUPPORT OF AN ORDER TO SHOW CAUSE WITH TRO, PROTECTIVE ORDER, PERMANENT INJUNCTION AND OTHER EQUITY RELIEF

) ) ss. )

Accordingly, I, Christopher Earl Strunk, being duly sworn, depose and say under penalty of perjury: 1. That I am the self represented Plaintiff, Christopher Earl Strunk in esse (Affirmant, Strunk) with place for service at 593 Vanderbilt Avenue – 281 Brooklyn New York 11238 telephone (845) 901 -6767 and email: [email protected]. 2. That I am of sound mind, make this statement without reservation or intent of deception or connivance in the matter of my own, my family and associates’ well being safety and rights. 3. This Affidavit is in support of an Order to Show Cause (OSC) with the underlying Complaint filed on or about October 27, 2008 (See Exhibit A) for issuance of a temporary restraining order (TRO), and hearing for a permanent injunction as to the City of New York Police Department (NYPD) who deployed two (two) certain police detectives and two (2) unidentified United States Federal agent John Does (Federal Agents), possibly from the Central

Plaintiff’s Affidavit Page 1 of 12

Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

Intelligence, Secret Service, Federal Bureau of Investigation or even National Security Agency, that on Monday November 16, 2009 in the afternoon were deployed by the Department of Homeland Security under-cover of the NYPD to harass, intimidate and infringe the first, fourth, fifth, ninth and tenth amendment rights of Plaintiff’s associate and material witness James David Manning, PhD. (Pastor Manning), oppress and chill the activities of Plaintiff and his associates involved with investigating the events leading to and after the 2008 general election of Barack Hussein Obama and Joseph Biden, including matters involving the ACORN racketeering enterprise and the 2010 Census enumeration that since November 12, 2009 by issuance of a Press Release (See Exhibit B) Governor Paterson’s Executive Order No.: 30 (See Exhibit C) orders that “Census Partners, community-based organizations and other local and regional entities to develop” are to conduct the 2010 Census enumeration in New York for the Federal Government and that Affirmant alleges are to be in fact the RICO tainted derivatives of ACORN’s myriad combination of community based organizations criminally involved in Motorvoter registration, Medicaid false billing ponzi-scheme frauds and felonious misrepresentation of public documentation and suborning witnesses for pay to be hired in the State of New York with

reimbursement of the Federal Government, and it is alleged with imminent irreparable harm with time as the essence, that warrants a TRO equity relief for Plaintiff and his associates and material witnesses hereby requests issuance of (i.) a protective order as to material witnesses and Plaintiff and his family to bar any further contact by agents of the City, State and or other Federal agencies or those under its control without permission of this court including searches and warrants of any kind as to: Christopher-Earl Strunk and his family, Plaintiffs associates and material witnesses with each respective family of : Pastor James David Manning of Atluh New Plaintiff’s Affidavit Page 2 of 12

Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

York, Robert K. Dornan of Virginia, Eric-Jon Phelps of Pennsylvania, Jonathan Levy of Washington D.C., Orly Taitz of California, John D. Hemenway of Washington D.C. , Mario Apuzzo of New Jersey, Robert L. Schulz of New York, H. William Van Allen of New York, John-Joseph Forjone of New York, Edward M. Person Jr. of Florida, Julian Panachyd and Carl E, Person of New York, Jim Faulkner of Yonkers New York; (ii.) That the protective order restrains NYPD, and or any Federal Agency within the jurisdiction of this Court order to first seek approval of this Court before any contact is made with Plaintiff’s family, associate’(s) and material witness’s respective family, that NYPD and or any Federal Agency shall not intentionally get nearer than 200 yards from such protected persons; (iii.) That the protective order shall be enforced until further order of this Court; (iv.) An order issuing eleven (11) subpoenas: •

one (1) subpoena for Pastor Manning;

•

one subpoena each of the four (4) as yet named John Does: two (2) NYPD Detectives and two (2) Federal agents;

•

one subpoena each of the four (4) federal agency station chiefs based in New York city of the Central Intelligence, Secret Service, Federal Bureau of Investigation, National Security agencies and whose alleged agents that were deployed undercover of and use with the NYPD;

•

one (1) subpoena to the NYPD chief of police supervising the two detectives alleged herein;

•

one (1) subpoena of the Department of Homeland Security station chief of New York City supervising the activities of the four alleged agencies

Plaintiff’s Affidavit Page 3 of 12

Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

deploying two federal agents under-cover of NYPD to harass the material witnesses; (v.) order that all those subpoenaed appear to provide evidence at the hearing for an injunction with restraint in the matter of notorious harassment and tampering with Plaintiff’s material witness Pastor Manning in this case with causes two thru Five of the Complaint shown on Exhibit A involving the alleged on-going Enterprise corruption, with Barack Hussein Obama and Nancy Pelosi at its hub, using State officials with fiduciary duty to do otherwise; (vi.) order that in preparation for the preliminary hearing an order of the station chief(s) of the Department of Homeland Security, Central Intelligence Agency, Secret Service, National Security Agency, and Federal Bureau of Investigation to produce the two John Doe(s) Agents to appear Tuesday December 1, 2009 at ____________ in the forenoon at a room ______ provided at the Court at 360 Adams Street Brooklyn for immediate deposition in preparation for a hearing for fear of their flight risk overseas with restraint of any possibility of their redeployment of the respective agents by any agency; and (vii.) order that each respective Federal agent appear at the hearing on Friday December 4, 2009 at ____________ in the forenoon in Courtroom ________ at 360 Adams Street Brooklyn for a hearing for a permanent injunction with protective order as to plaintiff and his material witnesses and respective families, and that those subpoena, named defendants including the NYS BOE provide expedited discovery in the matter of the various certificates filed in regards to the respective party Presidential candidates on the ballot at the November 4, 2008 general election so that the court may issue a declaratory judgment on the matter of whether or not the New York State Board of Elections

Plaintiff’s Affidavit Page 4 of 12

Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

Commissioners and or agents within its subdivisions have a fiduciary duty under New York Election Law Article 6 with its express weakness not requiring a affirmation by the filer to determine the truth of each Presidential candidate eligibility to be on the General Election Ballot; and (viii) that Governor Paterson provide testimony in the matter of expedited discovery of the events leading up to issuance of the Governor Paterson’s Executive Order No.: 30 calling for the transfer of the actual 2010 census enumeration with 13 USC 141 duty to enumerate all person in the state initiated by Barack Hussein Obama as if with 13 USC 195, and in which Plaintiff Complaint involves the two thru five allegations that the defendants and other yet named are part of a wide ranging enterprise fraud upon Plaintiff and those similarly situated, with civil rights violations for unjust enrichment. (ix.) that a TRO restraining the use of the RICO tainted derivatives of ACORN’s myriad combination of community based organizations criminally involved in Motor-voter registration, Medicaid false billing ponzi-scheme frauds and felonious misrepresentation of public documentation and suborning witnesses for pay be effective until further notice by this court; (x) that there be different and further relief granted as deemed necessary by the Court including but not limited to a permanent order under state constitutional authority as to the 2010 Census enumeration in New York shall be conducted by the United States Postal Service’s uniformed postal carriers under contract with the State of New York and jurisdiction of this court.

4. That as of January 20, 2009, the Complaint first Cause of Action involving the names listed by the Defendant NYS BOE and its respective subdivisions at the General Election of November 4, 2008 is moot except for factual record herein that shall apply. 5. That on November 19, 2008 this Court denied, by collateral estopped, Plaintiff’s request for a subpoena for discovery of facts from the U.S. Department of State germane to the Causes

Plaintiff’s Affidavit Page 5 of 12

Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

Two thru Five herein (see Exhibit D). 6. That on or about November xx, 2008, Affirmant filed a FOIA case against the U.S. Department of State et al. in Washington District of Columbia 08-cv-2234 wishing to obtain facts germane to Causes of Action Two thru Five and while there obtained other prima facia facts germane to the first thru fifth Cause of action herein, including notification of the issuance of two affidavits sworn by Speaker of the House Nancy Pelosi in her individual capacity as a member of the Democratic party at the National Democratic Party Presidential Nominating Convention. 7. That on 28 August 2008 Nancy Pelosi affirmed that Barack Hussein Obama is “legally qualified to serve under the provisions of the United States Constitution.” (See Exhibit E). before two witnesses, the Secretary for the Democratic National Convention and the Public Notary Shalila A. Williamson, however only filed her affidavit placing the Democratic Party presidential Slate with the Secretary of Hawaii to misrepresent done to aid and abet the predicate goals of the enterprise and assist Hawaiian State officials with a fiduciary duty over elections intentionally misdirect the rest of the country as to Barack Hussein Obama’s actual birth and presently before District Judge Richard J. Leon in Affirmant’s 2010 Census Enumeration case no 09-cv-1295 filed in Washington D.C. on July 13, 2009. 8. However, on August 28, 2009 Nancy Pelosi also affirmed another affidavit for Barack Hussein Obama without the clause “legally qualified to serve under the provisions of the United States Constitution.” (See Exhibit F) and by eliminating such clause of the affidavit before two witnesses, the Secretary for the Democratic National Convention and the Public Notary Shalila A. Williamson, acted to place the Democratic Party presidential on the ballots differently than in Hawaii in the other 49 States including New York and the territories of the USA.

Plaintiff’s Affidavit Page 6 of 12

Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

9. That the prima facie evidence of fraudulent misdirection to put Barack Hussein Obama by fiat onto all the State ballots in 2008 at the Federal Elections, involves Defendants Andrew Cuomo the New York Attorney General and Lorraine A. Cortez-Vazquez the New York Secretary of State, NYS Board of Elections, et al also involves Governor Paterson’s Jesuit Chief of Staff who orchestrated the deception from the governor’s office without properly informing the Governor who is legally blind and otherwise is unable ascertain such facts for himself relied on the Jesuit, and as such all are in the conspiracy as defined by 42 USC 1985(3) to disrupt suffrage and among other laws that breach Defendants fiduciary duty and injure Plaintiff who contends the State “Little” RICO applies as presently before the Justice David I Schmidt herein. 10. Furthermore, based upon information and belief the New York State Board of Elections knew or should have known that the affidavit submitted shown as Exhibit F was questionable because the associated affidavit submitted by the Republican Party Presidential Candidate Slate included the clause “legally qualified to serve under the provisions of the United States Constitution.” whereas the Democratic Party President Slate affidavit didn’t, and as such goes to culpability with 42 USC 1986 and breach of fiduciary duty to compare each affidavit. 11. That on November 21, 2009 Affirmant requested to obtain all the respective certificates required to be filed in September 2008 with Election Law Article 6 for the Presidential Candidate slates of the various parties then appearing on the ballot on November 4, 2008 (Presidential Ballot Certificate) and as being germane to this controversy herein (See Exhibit G). 12. That the NYS Election Law does not express that any of the respective Presidential Ballot Certificates must be a sworn statement or as it requires every other certificate to be sworn as to all matter true and correct in other Articles thereby arguendo sets a greater responsibility upon the NYS Board of Election Commissioners and or their agents or the Sub-divisions thereof as a

Plaintiff’s Affidavit Page 7 of 12

Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

fiduciary duty to ascertain the veracity accordingly since it has not been done by a notary public or commissioner of deeds under oath, thereby shifting the burden to the Defendant Board and or sub-divisions accordingly, and that Plaintiff alleges when upon examination of all the Presidential Ballot Certificates will show an arbitrary pattern requiring a Judicial Declaratory judgment as a matter of first impression and germane as to the operation of the enterprise alleged fraud ongoing now into the 2010 Census transferred by Barack Hussein Obama and Nancy Pelosi as the ministerial operatives under 12 USC 195 and 13 USC 141, and that Defendants Obama and Pelosi have delegated such enumeration to the State of New York and several States and territories accordingly to circumvent Affirmant’s demand for relief in the 2010 Census case controversy DCD 09-cv-1295 filed July 13, 2009 in Washington District of Columbia with a motion for a three judge Panel with 28 USC 2284 pending before District Judge Richard J. Leon; 13. That Affirmant has four (4) on-going cases in Washington D.C. DCD 08-cv-2234 (FOIA Case with Cross Motion for Quo Warranto Inquest), DCD 09-cv-1249 (Logan Act Case), DCD 09-cv-1295 (2010 Census Enumeration Case), DC Circuit 5322-09-OP (Original Proceeding against District Judge Leon and District Clerk Whittington) and Judicial Notice of Replevin Demand under DC Code Chapter 37 Section 16-3701, in which Plaintiffs associates there and herein are material witnesses to matters there and before this Court herein including directly the Hon, Pastor James David Manning, PhD of Atluh New York, the Hon. Robert K. Dornan of Virginia, the Hon. expert witness Eric-Jon Phelps of Pennsylvania, the Hon. Jonathan Levy, PhD., J.D. of Washington D.C., the Hon. Orly Taitz, D.D.S., J.D. of California, the Hon. John D. Hemenway, J.D. of Washington D.C. , the Hon. Mario Apuzzo, J.D. of New Jersey, the Hon. Leo Donofrio, J.D. of New Jersey, the Hon. Robert L. Schulz of New York, the Hon. Harold W. Van Allen, DAV of New York, the Hon. John-Joseph Forjone of New York, process server

Plaintiff’s Affidavit Page 8 of 12

Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

Edward M. Person Jr. of Florida, process server Julian Panachyd of Long Island City, the Hon. Carl E, Person J.D. of New York, the Hon. Jim Faulkner 3rd Ward Leader of Yonkers New York and others yet to be publicly named; 14. That since before the General Election of 2008 the Hon. James David Manning, PhD, the Pastor Manning, has broadcast his concern with the moral turpitude of Barack Hussein Obama and cohorts involving the eligibility to serve as President of the United States pursuant to U.S. Constitution Article 2 Section 1 Clause 5, just as Plaintiff Affirmant herein expresses and requests relief for herein and that since that time Pastor Manning is the associate of Affirmant and is a member of a class of citizens unfairly singled out and being discriminated against in the form of infringement of each individual’s first, fourth, fifth, ninth and tenth amendment rights. 15. That since not later than the beginning of November 2009 by correspondence and phone conversations Affirmant has been collaborating with Pastor Manning in the matter we both are concerned with and is germane herein for a protective order for Pastor Manning and all of the named associates of Plaintiff as well as plaintiffs himself and his family as with theirs are as risk for harassment and infringement of the first, fourth, fifth, ninth and tenth amendment rights. 16. That on November 12, 2009 Pastor Manning in his regular broadcast spoke about the present Usurper Commander and Chief who with control of the military in time of war is committing treason that warrants a speedy trial and sentence as to such treason carried out and that Affirmant herein agrees that the Usurper is an illegal alien spy during time of war as a spy with other allegiance for others yet named he is not a traitor per se because he has yet to be found a naturalized citizen much less a natural-born citizen in which he absolutely is not as a Quo Warranto matter with DC Code Chapter 35 Section 16-3503 presently before District Judge Leon on motion for a declaratory Judgment and order of Joseph Biden to be removed accordingly.

Plaintiff’s Affidavit Page 9 of 12

Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

17. On November 16, 2009 accordingly to the statement made by Mrs. Elizabeth Manning to Affiant and stated by the Pastor Manning regular broadcast on November 17, 2009, explains the visit Pastor Manning received from Homeland Security Secret Service Officials, and as recorded on 16 November 2009 on twitter http://www.twitter.com/atlahworldwide and with Facebook http://www.facebook.com/pages/ATLAHWorldwide/150345810898., and that the United States Secret Service/Homeland Security according to the allegations of Pastor Manning caused two Federal agents variously described as to a different Federal Agency possibly from the Central Intelligence, Secret Service, Federal Bureau of Investigation or even National Security Agency under the cover of the NYPD with two Detectives, who came without a warrant of process of any kind to the ATLAH Church on Monday, 16 November 2009 to investigate Dr. James David Manning on the statements in the video called “Tea Party Please Go Birth Certificate Viral” Link: http://atlah.org/atlahworldwide/?p=1193 and there harassed and threatened Pastor Manning to cease any further discussion of Barack Hussein Obama or be arrested accordingly, and thereby the Federal and NYPD agents acted in concert to infringe the first, fourth, fifth, ninth and tenth amendment rights of Plaintiff’s associate and material witness Pastor Manning, thereby also oppress and chill the activities of Plaintiff and his associates involved with investigating the events leading to and after the 2008 General Election of Barack Hussein Obama and Joseph Biden, including matters involving the ACORN racketeering enterprise and the 2010 Census enumeration. 18. That on November 17, 2009 Affirmant served Judicial Notice (See Exhibit H) upon defendant the Governor David A. Paterson and Attorney General Andrew Cuomo challenging not only the constitutionality of the Executive order No.: 30 but the grant as such order entails in that the State of New York Constitution now applies expressly and that this Court has direct and

Plaintiff’s Affidavit Page 10 of 12

Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

certain original jurisdiction under its express articles accordingly. 19. That Affirmant has expended any related administrative remedies and has not other jurisdiction to obtain relief especially since the Census matter in New York is within State Court jurisdiction and that I have not asked for this relief before and am under threat of irreparable harm with time as the essence am entitled to immediate temporary protective order before hearing for all those listed and that am entitled to a fair hearing subject to the relief requested, and that I contend is well within the parameters of issuance precedents for a TRO until a fair expedited discovery process and preliminary hearing for an injunction is had as to where such relief would be permanent or lifted by this Court under its original jurisdiction and that Affirmant based upon the evidence at the hearing be afforded adequate time to summarize for a declaratory partial summary judgment as to the matter of State Defendants fiduciary responsibility as to the Presidential Ballot Certificates with Election Law Article 6. 20. Affirmant has spoken with Bruce McHale of the NYS Attorney General’s Office giving fair notice of this instant action and he wishes to be duly notified of the Court decision in the matter of the TRO, and as to the NYPD being represented by NYC Corporation Counsel and because said Counsel Stephen Kitzinger is also the Assistant Corporation lead Counsel to Defendants NYC and Mayor Bloomberg in the DCD 09-cv-1295 2010 Census Enumeration matter before District Judge Leon, Affiant also spoke with Mr. Kitzinger as to the TRO protective order and restraint, and he said he himself would not be present Monday but will have another counsel there; and that a heads-up notice has been given to the NYS Board as well as other defendants’ counsels in the DCD 09-cv-1295 case there in Washington DC by email. 21. That Affirmant has had previous discussions about sealing this case from the public because of my fear of reprisals and that NY Assistant Attorney General and Defendants Counsel

Plaintiff’s Affidavit Page 11 of 12

Strunk v Pathon et al. NYS Supreme Court of Kings Index K. 29642-08 &A=

, pfoe! .-'

.

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Gtaber stated that sealing would be difficultunless it were strictly a family /domestic % .

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relati&
of sealing, not something like this case; and therefore as I agree with Mr. Graber,

a suitable protective order and related relief associated with it is appropriate and reasonable under the circumstance and that the public has a right to know what we are doing. 22. That Mirmant knows foregoing contents apply to me and my injury that by Respondents misapplication and misadministration of law presents a question of first impression as a State question involving the seating of the New York Electoral College after the questionable ballot access afforded by arbitrary and capricious action of the NYS Board of elections et al. for the \

various Party Presidential Candidate Slates at the General Election of November 4, 2008; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The grounds of my beliefs as to aH matters not stated upon information and belief are as follows: 3* parties, books and records, and personal knowledge.

& g L Christopher Earl Strunk

-

Notary ~ u a i c OEORQE ANDERSON Notary Public, State of New Vbrlc No. 01AN5070990 Qualified in Kings County Commission Expires Jan. 6, PO

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Plaintiffs Affidavit Page 12 of 12

Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

AFFIDAVIT IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR TRO, PERMANENT INJUNCTION AND OTHER RELIEF

EXHIBIT A

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------x Christopher Earl Strunk, Index No.: 29642 / 08 RJI: Plaintiff, Plaintiff designates -againstThe County of Kings as the Place of trial. David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Thomas P. DiNapoli The basis of venue is the (NYS Comptroller), Sheldon Silver (NYS Speaker of plaintiff’s place for suffrage the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS Assemblyman for the 57th AD), Christine Quinn (NYC Speaker of the Council), William Thompson (NYC Comptroller), Jim Tedisco (NYS Assemblyman), Dean Skelos SUMMONS (President pro tempore of the NYS Senate) in their Official Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their official Plaintiff’s place for suffrage: Capacity and individually; The New York State Board 593 Vanderbilt Avenue - 281 of Elections and John Does and Jane Does Brooklyn, New York 11238 Defendants. -------------------------------------------------------------------x To the above-named Defendants:

YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York October 27, 2008

/s/ ____________________________________ Christopher Earl Strunk, plaintiff pro se 593 Vanderbilt Avenue #281, Brooklyn, New York 11238. (212) 307-4444 E-mail: [email protected]

To:

Defendants as follows:

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[continued on p. 2]

David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Sheldon Silver (NYS Speaker of the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS Assemblyman for the 57th AD), Jim Tedisco (NYS Assemblyman), Dean Skelos (President pro tempore of the NYS Senate) The Capitol Albany New York Thomas P. DiNapoli (NYS Comptroller), Office of the NYS Controller 110 State Street Albany, NY 12236 The New York State Board of Elections 40 Steuben Street Albany New York Christine Quinn (NYC Speaker of the Council), New York City Council New York New York William Thompson (NYC Comptroller), Office of the Comptroller City of New York 1 Centre Street New York, NY 10007 Phone: (212) 669-3500 Fax: (212) 669-2707 .

2

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------x Christopher Earl Strunk, Index No.: 29642 / 08 Plaintiff,

VERIFIED COMPLAINT

-againstDavid A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Thomas P. DiNapoli (NYS Comptroller), Sheldon Silver (NYS Speaker of the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS Assemblyman for the 57th AD), Christine Quinn (NYC Speaker of the Council), William Thompson (NYC Comptroller), Jim Tedisco (NYS Assemblyman), Dean Skelos (President pro tempore of the NYS Senate) in their Official Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their official Capacity and individually; The New York State Board of Elections and John Does and Jane Does Defendants. -----------------------------------------------------------------------x Plaintiff, Christopher Earl Strunk, as and for his Complaint under jurisdiction of New York State Election Law Article §16-100 over Article 12 for the November 4, 2008 General Election for emergency equity relief, upon information and belief and at all times hereinafter mentioned, respectfully alleges of captioned Defendants as follows:

FIRST CAUSE OF ACTION (Breech of State Constitutional bar for any Public Officer to hold more than one public office for compensation, as against all Public Officer Defendants) 1. Plaintiff Christopher Earl Strunk (“Plaintiff” or “voter”), is a natural born citizen of New York who was and is a qualified voter registered to vote and participate in the November 4, 2008 general election in the State of New York, and whose principal place for service is located at 593

Complaint Page 1 of 15

Vanderbilt Avenue #281, Brooklyn, New York 11238. 2. That under the New York State Constitution the State of New York Legislature has a winner take all system of Electoral College with 31 votes for selection of President and Vice President based upon 29 House seats and two Senators at large. 3. The Defendant class of the New York State Democratic Party Committee Candidates for Presidential Electoral College from the State of New York for Presidential Candidate Barack Hussein Obama and Vice Presidential Candidate Joseph Biden (“Democrat Party Elector Candidates”, “Democrat Party Elector Defendants”) as a class of elector candidates Defendants certified with the New York State Board of Elections and related local entities under New York state Election Law (EL) on or about September 24, 2008. 4. There are 31 Candidates listed for the Democratic Party Committee Presidential Elector Slate to be on the ballot at the General Election November 4, 2008 on statewide a winner-take-all. 5. That on pages 2 thru 8 of 9 pages (see Exhibit A) Democratic Party Elector Candidates are listed with domicile address under the names of: Velda Jeffrey, June F. O'Neill, Dennis Mehiel, David A. Paterson, Andrew Cuomo, Thomas P. DiNapoli, Sheldon Silver, Malcom Smith, Maria Luna, Robert Master, Pamela Green-Perkins, Helen D. Foster, Jon Cooper, Hakeem Jeffries, Richard Fife, Deborah A. Slott, Terrence Yang, George Arthur, George Gresham, Alan Van Capelle, Inez Dickens, Suzy Ballantyne, Alan Lubin, Bethaida Gonzalez, Christine Quinn, William Thompson, Stuart Applebaum, Maritza Davila, Ivan Young, Barbara Fiala, Frank A. Bolz, III. 6. Upon initial review without cross checking the public record, of the 31 Democratic Party

Elector Candidates listed to be on the ballot on November 4, 2008, shown as Exhibit A on page 2 of 9, no less that 8 names of the 31 are currently serving public officers listed by the names of:

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David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Sheldon Silver (NYS Speaker of the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS Assemblyman for the 57th AD) with their place of Business at the Capitol in Albany, Thomas P. DiNapoli (NYS Comptroller) with his place of business located at the Office of State Controller, Christine Quinn (NYC Speaker of the Council) with place for business located at the New York City Council, William Thompson (NYC Comptroller) with place of business located at the Office of City Controller ; (“Democrat Party Public Officer Defendants”). 7. That Defendant Paterson was the duly elected Lieutenant Governor and President of the NY

Senate until then Governor Spitzer was removed from office and that Lt. Governor Paterson is now Governor by operation of the State Constitution Article IV. 8. The New York State Republican Party Committee Candidates for Presidential Electoral College from the State of New York for Presidential Candidate John S. McCain and Vice Presidential Candidate Sarah Palin (“Republican Party Elector Candidates”, “Republican Elector Defendants”) as a class of elector candidates Defendants certified with the New York State Board of Elections and related local entities under New York state Election Law (EL) on or about September 24, 2008. 9. There are 31 Candidates shown on Exhibit A pages 2 and 3 of 9 for the Republican Party

Committee Presidential Elector Slate under the names: Jesus Garcia, Gary Melius, Roger C. Bogsted, Lawrence Kadish, Angelo Corva, Katherine A. James, Fred Ramstel, Debra Leible, Jane E. Deacy, Diane Haslett Rudiano, Myrtle G. Whitmore, Richard Alicea, Jim Tedisco, Jim Kerr, Denice Johns, Ed Cox, Doug Colety, Vincent Reda, Louis Liotti, Jasper Nolan, Kathy Jimino, Bijoy Datta, James Ellis, Michael Nouolio, William Gilberti, Jr., Dean Skelos, James Domalgalski, Henry Wojtaszek, Thomas D. Cook, Joseph N. Mondello, Rudy Giuliani.

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10.

That until there is an election to fill the vacancy for Lieutenant Governor Defendant Dean

Skelos by succession is in line for governor and acts in lieu of the present vacancy. 11.

Upon initial review without cross checking the public record, of the 31 Candidates listed

for the Republican Party Committee Presidential Elector Slate to be on the ballot at the November 4, 2008 General Election, shown on Exhibit A pages 2 and 3 of 9, no less that 2 names of the 31 are currently serving public officers listed by the names of: Jim Tedisco (NYS Assemblyman), Dean Skelos (President pro tempore of the NYS Senate), (“Republican Party Public Officer Defendants”). 12.

That Democrat Party Public Officer Defendants and Republican Party Public Officer

Defendants are hereinafter also known as “Public Officer Defendants”. 13.

That all public officers including those of the New York State Board of Elections as well

as the Public Officer Defendants took the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of New York, and that I will faithfully discharge the duties of the office of ......, according to the best of my ability;"

14.

Public Officers Defendants along with non-public officers are certified candidates for

members of the New York Electoral College for election as a winner-take-all slate on the ballot on November 4, 2008 and for which early absentee balloting has already begun. that under EL §12-100, any vote for the Presidential slate(s) shall be deemed to be cast for the candidates’ electors slate, previously certified as state public officers. 15.

That Public Officer Defendants have misapplied and misadministered the State of New

York law despite the fact that under EL §12-102, after the November 4, 2008 general election and the canvass of the votes cast under EL §9-214 by December 1, 2008, so that the winning certified Elector slate for the state party candidates and or independent body for the Presidential

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slate(s) is then to be certified the New York electoral college by the New York Governor under the seal in possession of the New York Secretary of State. 16.

That Public Officer Defendants have misapplied and misadministered the State of New

York law despite the fact that under EL §12-104, the certified electoral college for the New York Presidential slate shall meet on December 17, 2008 starting on the first Monday following the second Wednesday in December next following their election. 17.

That Public Officer Defendants have misapplied and misadministered the State of New

York law despite the fact that under EL §12-106, the certified Electoral College shall make and sign six certificates of all the votes on forms provided by the NYS Board of Elections. 18.

That Public Officer Defendants have misapplied and misadministered the State of New

York law despite the fact that under EL §12-108, the president of the assembled certified electoral college shall distribute the six certificates of election before December 24, 2008: one to the President of the U.S. Senate; two certificates to the New York State Board of Elections - one of which held subject to the President of the senate, and one held for one year in the public record; and then on or by the following day or December 25, 2008 forward two certificates to the Administrator of the General Services Administration, and to deliver the remaining certificate to the Chief Judge of the United State District Court of the northern district of the state New York. 19.

That Public Officer Defendants have misapplied and misadministered the State of New

York law despite the fact that under EL §12-110, any certified Elector college slate are state public officers when elected at large on November 4, 2008 when certified to proceed to attend the electoral college meeting to be convened December 17, 2008, shall receive Electors compensation for each day of his attendance in the sum of fifteen dollars per day together with 13 cents per mile each way from his place of residence to be audited by the comptroller upon the

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certificate of the secretary of state. 20.

That Public Officer Defendants as public office holders shall accept consideration for his

or her duty as an elected members of the Electoral College in an amount no less than $1. 21.

That Public Officer Defendants and their agents have misapplied and misadministered the

State of New York Constitution Article 3 Section 6 for the Legislature compensation, allowances and traveling expenses of members, in part states: “…nor shall he or she receive to his or her use any fees or perquisites of office or other compensation.” 22. That Public Officer Defendants and their agents have misapplied and misadministered the State of New York Constitution Article 3 Section 7 for the Legislature Qualifications of members; prohibitions on certain civil appointments; acceptance to vacate seat, in part states: “…No member of the legislature shall, during the time for which he or she was elected, receive any civil appointment from the governor, the governor and the senate, the legislature or from any city government, to an office which shall have been created, or the emoluments whereof shall have been increased during such time. If a member of the legislature be elected to congress, or appointed to any office, civil or military, under the government of the United States, the state of New York, or under any city government except as a member of the national guard or naval militia of the state, or of the reserve forces of the United States, his or her acceptance thereof shall vacate his or her seat in the legislature, providing, however, that a member of the legislature may be appointed commissioner of deeds or to any office in which he or she shall receive no compensation.” 23. That Public Officer Defendants have misapplied and misadministered the State of New York Constitution Article 13 Section 7 for Public Officers Compensation of officers, in part states: “Neither the salary of any member nor any other allowance so fixed may be increased or diminished during, and with respect to, the term for which he or she shall have been elected, nor shall he or she be paid or receive any other extra compensation.”

24.

Each of the defendant public officers has breached their duty as to the State

Constitutional bar for any Public Officer to hold more than one public office for compensation. 25.

That Public Officer Defendants are acting ultra vires.

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26.

That Governor Paterson, Comptroller DiNapoli, Attorney General Cuomo and President

Pro tempore Skelos have a conflict of interest with regards to their being a candidate for electors by the operation of EL §12-100 through EL §12-110. 27.

Plaintiff was and is damaged as a result of the Public Officers breach of duty.

SECOND CAUSE OF ACTION (Breech of oath of Office by Public Officers, Public Officer Defendants and NYS BOE) 28.

Plaintiff repeats each and every allegation contained in the First Cause of Action with the

same force and effect as though herein set forth at length. 29.

New York State Board of Elections, (NYS BOE) with four commissioners two appointed

from each major state party and who have authority over their agents and the local boards of election both for ballot access and the certification of the Presidential Elector Candidates slates shown on Exhibit A is located at the New York State Board of Elections 40 Steuben Street Albany, NY 12207. 30.

That NYS BOE and its agents certified the Public Officers Defendants to be on the ballot

at the November 4, 2008 general election for election to the New York Electoral College. 31.

Public Officer Defendants by reason of their actions to seek election to the Electoral

College on November 4, 2008 without expressing intention to resign from public office simultaneous with the certification of the winning Electoral College slate under EL §12-102 by December 1, 2008, intentionally are in breech of their oath of office and subject to impeachment. 32.

That public officers of the NYS BOE Defendant and the Public Officer Defendants

intentionally Breech their oath of Office to be placed on the November 4, 2008 ballot as candidates for electors of the Electoral College. 33.

Plaintiff, along with those similarly situated, suffers injury to his sovereignty as

guaranteed under New York State Civil Rights Law Chapter 6 Section 2 as a sovereign citizen of

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the State of New York that here guarantees the Supreme sovereignty in the people; and whereas, no authority can, on any pretence whatsoever, be exercised over the citizens of this state, but such as is or shall be derived from and granted by the people of this state. 34.

That Plaintiff individually as a natural person as with those similarly situated as We The

People as natural persons of the State of New York (a corporate entity), are grateful to Almighty God for our Freedom, in order to secure its blessings apart from any such corporate fiction or pretender monarch, and or as further guaranteed by the 9th and 10th Amendments to the Federal Constitution, and Magna Carta. 35.

That nunc pro tunc Plaintiff inherits all the sovereign rights, privileges and property that a

living natural human inures from the creator Yahweh whose son Jesus Christ guarantees the sovereign Freedom from Almighty God against corporate fiction and Public Officer Defendants and their agents who are ultra vires and bent on enslaving plaintiff and those similarly situated. THIRD CAUSE OF ACTION (Sedition, as against all Defendants)

36.

Plaintiff repeats each and every allegation contained in the First through Second Cause of

Action with the same force and effect as though herein set forth at length. 37.

That Democrat Party Elector Candidate Defendants, Public Officer Defendants, the NYS

BOE and their agents John and Jane Does as an enterprise commit acts of sedition in an agreement, communication or other preliminary activity aimed at inciting treason or some lesser commotion against public authority and policy, as has with state action undermined the State and Federal election as under 42 USC §1983 and §1985. 38.

That plaintiff is being denied his sovereignty and a republican form of government.

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FOURTH CAUSE OF ACTION (Conspiracy to commit Treason, against Democrat Party Elector Defendants, NYS BOE and their agent John / Jane Does) 39.

Plaintiff repeats each and every allegation contained in the First through Third Cause of

Action with the same force and effect as though herein set forth at length. 40.

That Democrat Party Elector Candidate Defendants, their agents John and Jane Does as

an enterprise are attempting to overthrow the government of the United States in conjunction with Barack Hussein Obama, Joseph Biden and their agents at the national level along with those other candidate elector slates of other states of the several states (“Racketeering Enterprise”). 41.

Based upon information and belief the Democrat Party Elector Candidate Defendants,

their agents John and Jane Does using the NYS BOE and their agents as an enterprise that have misapplied and misadministered their public duties by failure to obtain and ascertain proof that Barrack Hussein Obama is a natural citizen, otherwise contrary to United States Constitution Article 2 Section 1 Clause 5: “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.” 42.

Based upon information and belief the Defendants and their agents have not obtained a

certified copy of the birth certificate of Barrack Hussein Obama. 43.

That as of October 25, 2008 there is a mandamus motion to the United State Supreme

Court by Philip J. Berg to overturn the October 24, 2008 Federal District Judge Order to dismiss the complaint alleging somehow a citizen has no standing to challenge the citizenship qualifications of a presidential or Vice Presidential candidate under Federal jurisdiction, and in that there is a case challenging the citizenship status of Barrack Hussein Obama, by the past

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Deputy Attorney General of Pennsylvania had filed the case pro se, and that a review of the current docket indicates the case is called Phillip J. BERG v. BARACK OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE, THE FEDERAL ELECTION COMMISSION and DOES 1-50 INCLUSIVE, EDPA 08cv04083 filed August 21, 2008; and wherein the amended complaint Plaintiff Philip J. Berg alleged that Defendant Barack Obama is not eligible for the Office of the President because Obama lost his U.S. citizenship when his mother married an Indonesian citizen and naturalized in Indonesia. Plaintiff further alleged that Obama followed her naturalization and failed to take an oath of allegiance when he turned 18 years old to regain his U.S. citizenship status, and based upon request for admissions is a dual citizen of Indonesia and Kenya, not a natural born citizen of the United States and according to the public record is not even a citizen of the United States. 44.

There has never been an Article II executive who has been a naturalized citizen.

45.

There has never been an Article II executive who is a citizen of a foreign nation.

46.

That were the executive to be occupied by a foreign citizen would constitute an invasion,

coup-d-tat and trespass of the sovereign citizen of New York to secede New York from the union until such time the Union were made whole and laws enforced again. 47.

Those Defendants have a duty to prevent any person who is not a natural born citizen

from ballot access in the state of New York when running for President and or Vice President. 48.

Those Officer Defendants and the NYS BOE have not fulfilled the due diligence

necessary to protect the voters. 49.

That Democrat Party Elector Candidate Defendants, their agents John and Jane Does as

an enterprise are attempting to overthrow the government of the State of New York in conjunction with Barack Hussein Obama, Joseph Biden racketeering Enterprise at the November

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4, 2008 for foreign agents who are enemies of Plaintiff and those New York State Citizens guaranteed sovereignty exclusive under the New York State Constitution separate and apart from the other states of the several states. 50.

That the Racketeering Enterprise is attempting to overthrown the government of the state

of New York to which the Democrat Party Elector Candidate Defendants owe allegiance, and who join the Racketeering Enterprise to wage war against the State and or materially promote the foreign born illegal alien Barack Hussein Obama to the Executive branch and the Presidency of the United States against the law of both the State and Federal Constitutions, as has with state action undermined the State and Federal election as under 42 USC 1983 and 1985. 51.

That Defendants infringe Strunk’s liberty, expectation of a republican form of

government, and burden his expectation of effective participation in the general election were the laws not enforced in good faith with the duties of their office. FIFTH CAUSE OF ACTION (Enterprise Unjust Enrichment, against All Defendants)

52.

Plaintiff repeats each and every allegation contained in the First through Fourth Cause of

Action with the same force and effect as though herein set forth at length. 53.

Each of the Public Officer Defendants will and have been unjustly enriched by these

activities to disrupt the election, that violate Plaintiff’s Federal voter right and expense, along with those similarly situated, as 42 USC §1983 applies. 54.

That the campaign finance associated with the Barack Hussein Obama and Biden

Candidacy activities is aided and abetted by Democrat Party Electoral College slate malice were it seated after the November 4, 2008 General Election would further damage Plaintiff at both the national and state level beyond what has occurred, and will occur, by reason of Defendants’

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activities of unjustly enriching themselves at expense of Plaintiff and others similarly situated. 55.

That the Defendants having been culpable to jointly and severally aid and abet the false

billing of Democratic Party Presidential campaign associated funds from the state of New York taxpayers in the excess of the amount of say $10,000,000 or more, with interest, and cost of suit. WHEREFORE, Plaintiff demands a temporary restraining order, preliminary injunction hearing, summary judgment under CPLR §3001 and permanent injunction against the Defendants and such other relief as the Court deems just including an TRO Order: a. of Governor Paterson to resign as elector and stay operation of EL §12-102 until directed otherwise by the Court, as he is now in conflict of interest with the State; b. of the Comptroller DiNapoli to resign as elector and stay operation of EL §12-110 until directed otherwise by the Court, as he is in conflict of interest with the State; c. of the Attorney General Cuomo to resign as elector to be able to act in his State constitutional responsibility and that he is now in conflict with State inte€rest and is stayed from further involvement in this matter until directed otherwise by the Court,. d. of the President pro tempore, Senator Skelos, to resign as elector, and who must carry out the duties of the Lieutenant Governor vacancy until after the election pending the January 1, 2009 oath of a new Lieutenant Governor; e. of the Secretary of State to stay operation of EL §12-102 and EL §12-110 until directed otherwise by the Court, f. of the NYS BOE and its local Boards and agents are to bar access by any voter at the November 2008 General Election until the various Presidential candidates Elector Slates are confirm qualified to be voted for at election.

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------x Christopher Earl Strunk, Index No.: 29642 / 08 Plaintiff, -againstDavid A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Thomas P. DiNapoli (NYS Comptroller), Sheldon Silver (NYS Speaker of the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS Assemblyman for the 57th AD), Christine Quinn (NYC Speaker of the Council), William Thompson (NYC Comptroller), Jim Tedisco (NYS Assemblyman), Dean Skelos (President pro tempore of the NYS Senate) in their Official Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their official Capacity and individually; The New York State Board of Elections and John Does and Jane Does Defendants. -----------------------------------------------------------------------x

SUMMONS with VERIFIED COMPLAINT with EXHIBIT A

Dated:

New York, New York October 27, 2008

/s/ ____________________________________ Christopher Earl Strunk, plaintiff 593 Vanderbilt Avenue #281, Brooklyn, New York 11238. (212) 307-4444 E-mail: [email protected]

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Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

AFFIDAVIT IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR TRO, PERMANENT INJUNCTION AND OTHER RELIEF

EXHIBIT B

www.ny.gov - NEW YORK STATE LAUNCHES CENSUS COMPLETE COUNT C... Page 1 of 3

FOR IMMEDIATE RELEASE: November 12, 2009

NEW YORK STATE LAUNCHES CENSUS COMPLETE COUNT CAMPAIGN Governor signs Executive Order No. 30 Establishing the New York 2010 Census Complete Count Committee Governor David A. Paterson has signed Executive Order No. 30, establishing the New York 2010 Census Complete Count Committee. The Committee will raise awareness of the 2010 Census and will work to maximize the participation of all New Yorkers. New York Secretary of State Lorraine Cortés-Vázquez kicked off the State’s 2010 Census Complete Count Campaign today at an event in the State Capitol. “It is critically important for the future of New York that we assure a complete and accurate count of New York’s population in the 2010 Census,” Governor Paterson said. “Federal estimates suggest that more than 202,000 New Yorkers were not counted in the 2000 census – we can and we must do better. That is why I have instructed my administration to do everything possible to ensure a comprehensive count. This campaign is a real partnership between government, community, business and religious organizations. All New Yorkers must be counted.” The census count is used to determine each State’s congressional representation for the next ten years and to establish new boundaries for congressional, State legislative and many local government districts. The federal government uses census data to allocate more than $400 billion in federal funds annually for community programs and services, such as education, housing and community development, health care, transportation and more. State, local and tribal governments use census information for planning and to allocate funds for new school construction, libraries and other public buildings, highway safety and public transportation systems, new roads and bridges, location of police and fire departments and many other projects. Secretary of State Lorraine Cortés-Vázquez said: “State agencies have a unique opportunity to play a critical role in ensuring a successful count. Every state agency will work to spread the message that completing the Census is easy, safe and important. Furthermore, this campaign will allow us to better coordinate our resources to target efforts at historically undercounted communities -- immigrant, minority and low-income communities in particular. We are truly all in this together.” Earlier this year, Governor Paterson and leaders of the State Assembly and Senate appropriated funds in the 200910 State Budget for services and expenses necessary for community outreach to assist in reducing the undercount in the 2010 federal Census. This program will provide grants to fund public education, community outreach and other activities targeted at hard-to-count and low response rate populations for promoting awareness of the 2010 Census, improving Census questionnaire mail back rates and encouraging cooperation with Census takers. The Complete Count Committee comprises the heads of all State agencies and authorities. New York Census Action Council will coordinate the Committee’s work. The Council comprises the Secretary of State, who will serve as the Chair; the Governor’s Counsel; the Governor’s Deputy Secretary for Intergovernmental Affairs; the Commissioner of Economic Development; the Commissioner of Children and Family Services; the Commissioner of Health; the Commissioner of Housing and Community Renewal; the Commissioner of Labor; the Director of the Lottery; the Commissioner of Motor Vehicles; the Commissioner of Temporary and Disability Assistance; the Commissioner of Transportation; and the Chancellor of the State University of New York. For more information on the New York 2010 Census Complete Count Committee, please visit http://census2010.ny.gov. The following statements were provided in support of the New York 2010 Census Complete Count Campaign: Senator Kirsten Gillibrand said: “We need to make sure all New Yorkers are counted fairly and accurately in the census. Getting a true picture of all of our communities will help make sure we address the needs of all New Yorkers. I will continue working with Governor Paterson, Senator Schumer and our entire Congressional Delegation to make sure we get our census data correct, and make sure New York gets its fair share from Washington.” Congresswoman Yvette Clarke said: “I commend Governor Paterson for establishing the New York 2010 Census Complete Count Committee. As the Representative of the 11th Congressional District in Brooklyn, where less than 35% of my district participated in the 2000 Census, I believe the Committee will improve Census questionnaire mail back rates and encourage cooperation with Census takers. My office has been working with the Department of

http://www.state.ny.us/governor/press/press_1112091_print.html

11/16/2009

www.ny.gov - NEW YORK STATE LAUNCHES CENSUS COMPLETE COUNT C... Page 2 of 3

Commerce to greatly improve my district's participation in the 2010 census. The Committee’s work will be instrumental in helping to maximize the participation of all New Yorkers. Census data is an invaluable resource and provides a critical understanding of our country. An accurate count of all ethnic communities will highlight their purchasing power and economic impact both in the U.S. and global markets, particularly communities that represent a large part of the African Diaspora.” Congressman Eliot Engel said: “Getting a complete and accurate census count is vital for New York and for the people who live here. Federal aid to states in based on population, so a short count hurts everyone, especially those who need it most. Personal data from the census is not shared with other federal, state or municipal agencies, only demographic information such as population numbers, ethnic breakdowns, etc. When the census taker comes around, don’t be afraid to get counted to help yourself and help New York State.” Congresswoman Nita Lowey said: “It is critical that all New Yorkers are counted in the 2010 Census. Without an accurate count, our state will be shortchanged in Washington of federal funding, representation, and influence. I look forward to working with New York State and local officials to ensure all our residents are counted.” Congressman Dan Maffei said: “Democracy works when everyone is counted. We need all New Yorkers to understand and participate in the 2010 Census, and I thank Governor Paterson for taking the initiative to make this a priority for New York.” Congresswoman Carolyn McCarthy said: “I am pleased that the Governor has launched a census committee. It is imperative that every New Yorker be counted. By accounting for all New Yorkers it will enable the state to have the proper amount of Congressional representation which in turn means our fair share of federal funding.” Congressman Gregory Meeks said: “The Census plays a critical role in determining the level of government funding and resources that a community receives for healthcare, law enforcement, and other vital public services. With the recent closure of several Southeast Queens clinics and hospitals it is critical that programs such as the New York 2010 Census Complete Count Campaign be created to promote an accurate count of residents in the New York 6th Congressional District. I look forward to working with Governor Paterson and the state of New York to ensure that each and every person has access to the information and resources needed to be counted in the 2010 Census.” Congressman Charles B. Rangel said: “An accurate count is important not only because it helps determine how our electoral districts are drawn and the amount of federal funding for our communities, but also because Census numbers are used by small business and nonprofits to secure resources from the private and philanthropic sectors. I applaud Governor Paterson and other local elected officials for answering the call and gathering the diversity of voices needed to ensure a complete count in every neighborhood across this great state.” Congresswoman Louise Slaughter said: “I am committed to ensuring a complete and accurate census in 2010. In recent years I’ve written to the Commerce Department urging the Secretary to allow the Census Bureau to conduct the census in the most practical and basic ways to ensure the most accurate count. I’ve also implored the Department to focus on the fundamental tasks of raising awareness, compiling accurate and complete lists and getting the highest possible response rate. The Census is simply too important for failure.” Congressman Paul Tonko said: “We need all New Yorkers to take a few minutes and participate in the 2010 Census. An accurate count is critical to helping all levels of government plan for the next ten years, and it also ensures that our communities will get the proper level of funding for services such as neighborhood improvements, education, and transportation to name a few. The investment of a few minutes of time to complete the census will truly return dividends for our state and our communities.” Congressman Edolphus Towns said: “I am pleased to see the enactment of this important census initiative. We must do everything possible to raise awareness about Census participation so that every New Yorker is counted. As chairman of the House Oversight and Government Reform Committee, which oversees the Census, I will also be working to ensure that the fairest assessment of population in New York, and across the nation, is reported in the 2010 Census.” Congresswoman Nydia Velázquez, Chair of the Congressional Hispanic Caucus, said: “With the 2010 Census, we must put an end to the historical undercount of Hispanic and other minority communities. A fair and equal count in 2010 will ensure New York’s diverse communities receive vital resources for schools, health care, job training and infrastructure. Latinos are the fastest growing population in the United States, and only through an accurate count can we ensure they receive the federal assistance and representation they deserve.” Senate Majority Conference Leader John L. Sampson said: “I am pleased Governor Paterson has taken steps to

http://www.state.ny.us/governor/press/press_1112091_print.html

11/16/2009

www.ny.gov - NEW YORK STATE LAUNCHES CENSUS COMPLETE COUNT C... Page 3 of 3

ensure each and every New Yorker is counted in the 2010 census efforts. The Senate Majority has already begun outreach efforts in communities across the state in hope of obtaining the most accurate count of residents in the state. The Governor’s initiative will guarantee millions of dollars in federal funding to the state’s health, education, and construction industries.” Senate Republican Leader Dean G. Skelos said: “Census data has an effect on everything in New York State, from education and health care to police and emergency services. As the next census gets underway, it is important that every New Yorker is counted to ensure we receive our fair share of federal aid and continue to have the resources we need to continue vital services in communities throughout the state.” Assembly Speaker Sheldon Silver said: “It is our goal to have every New Yorker counted in the 2010 federal Census. An accurate count will provide information essential to ensuring that New York gets its fair share of funding from vital federal programs that help to deliver services to the elderly, unemployed and at-need residents, as well as maintaining equal representation for New Yorkers in our federal government. This committee will inform New Yorkers of the census process and ensure that forms are correctly completed. The Assembly Majority encourages all New Yorkers to make sure that they are counted, and supports the creation of this important and necessary committee to ensure that billions of dollars of federal aid is available to our state in the coming decade.” Assembly Minority Leader Brian M. Kolb said: “Years of high taxes, runaway government spending and an underperforming economy have resulted in millions of residents leaving our state. It has also led to New York losing seats in the House of Representatives, which limits our ability to obtain a ‘fair share’ of the tax dollars we send to Washington. I am encouraging every New Yorker to take part in the 2010 Census so we can ensure a fair, accurate and complete count of our state’s population.”

http://www.state.ny.us/governor/press/press_1112091_print.html

11/16/2009

Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

AFFIDAVIT IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR TRO, PERMANENT INJUNCTION AND OTHER RELIEF

EXHIBIT C

Executive Order

Page 1 of 2

EXECUTIVE ORDER NO 30: ENHANCING PARTICIPATION OF NEW YORKERS IN THE 2010 CENSUS

WHEREAS, the decennial census of the population of the United States will be conducted on April 1, 2010, as required by Article I, § 2 of the Constitution of the United States and Title 13, § 141 of the United States Code; and WHEREAS, the census is a count of every person living in the United States and its territories, including people of all ages, races and ethnic groups, both citizens and non-citizens; and WHEREAS, it is illegal for the U.S. Census Bureau, or its employees, to share personal information about individual respondents or households with any other government agency, including immigration and law enforcement authorities and the Internal Revenue Service, and the unlawful release of census information is punishable by a fine not exceeding $5,000 or imprisonment for not more than five years, or both such fine and imprisonment; and WHEREAS, the census count is used to determine each State’s congressional representation for the next ten years and to establish new boundaries for congressional, state legislative and many local government districts; and WHEREAS, the federal government uses census data to allocate more than $400 billion in federal funds annually for community programs and services, such as education, housing and community development, health care, services for the elderly, job training and more; and WHEREAS, state, local and tribal governments use census information for planning and to allocate funds for new school construction, libraries and other public buildings, highway safety and public transportation systems, new roads and bridges, location of police and fire departments, and many other projects; and WHEREAS, federal estimates suggest that over 202,000 New Yorkers were not counted in the 2000 census, including more than 103,000 New York City residents, despite aggressive government and community-based efforts to reduce the 2000 census undercount; and WHEREAS, it is of vital importance to New York State to ensure that each and every New York resident is counted in the 2010 census; NOW, THEREFORE, I, David A. Paterson, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and laws of the State of New York, do hereby order as follows: 1.

There is hereby established the New York 2010 Census Complete Count Committee (“Committee”), which shall raise awareness of the 2010 census and maximize the response of New Yorkers.

2.

The Committee shall be comprised of the heads of all state agencies subject to this Order and their designees and such other members as the Governor may appoint in his discretion. The work of the Committee shall be coordinated by a New York Census Action Council (“Council”), which shall be comprised of the following individuals or their designees: the Secretary of State, who shall serve as Chair; the Governor’s Counsel; the Governor’s Deputy Secretary for Intergovernmental Affairs; the Commissioner of Economic Development; the Commissioner of Children and Family Services; the Commissioner of Health; the Commissioner of Housing and Community Renewal; the Commissioner of Labor; the Director of the Lottery; the Commissioner of Motor Vehicles; the Commissioner of Temporary and Disability Assistance; the Commissioner of Transportation; and the Chancellor of the State University of New York. All actions and recommendations of the Council shall require approval of a majority of the total members of the Council.

3.

The Committee, through the Council, shall work with the U.S. Census Bureau, local Complete Count Committees, Census Partners, community-based organizations and other local and regional entities to develop, recommend, and implement a census outreach strategy to encourage full participation of all New Yorkers in the 2010 census. The census outreach strategy shall include, but not be limited to: a. b.

dentification of barriers and obstacles that may interfere with full participation of New Yorkers in the 2010 census, including geographic, linguistic, cultural and other barriers, and the development of strategies to overcome those barriers; and b. the development and coordinated distribution by state and local agencies, organizations and

http://www.state.ny.us/governor/executive_orders/exeorders/eo_30_print.html

11/17/2009

Executive Order

Page 2 of 2

entities of press releases, publications, displays and other promotional material designed to heighten the awareness of and encourage full participation in the 2010 census. 4.

The first meeting of the Council shall be held not later than December 15, 2009, and thereafter the Committee and Council shall meet as often as is necessary and under circumstances as are appropriate to fulfilling their duties under this order.

5.

Every agency, department, office, and division of this State shall cooperate with the Committee, and furnish such information and assistance as the Committee determines is reasonably necessary to accomplish its purpose.

G I V E N under my hand and the Privy Seal of the State in the City of Albany this twelfth day of November in the year two thousand nine.

David A. Paterson Governor

Lawrence Schwartz Secretary to the Governor

http://www.state.ny.us/governor/executive_orders/exeorders/eo_30_print.html

11/17/2009

Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

AFFIDAVIT IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR TRO, PERMANENT INJUNCTION AND OTHER RELIEF

EXHIBIT D

ee-

7

rl Epc-YRL.e&zaw of the Supreme Court of the State of New York Held in end for the County of Kings, at the cou$house at 360 A d a m ~ t r 6 eon i the Day of November 2008 At IAS art-

/P

PRESENT: Hon

ON. DAVID I. SCHWDI

Justice of the Supreme Court 1ndex No.: 29642 1 08

Christopher Earl SLNnk, Petitioner,

ORDER TO SHOW CAUSE WITH TRO AND STAY IN C I n L ACTION

-against-

David A: Paterson (NYS Governor). Andrew Cuomo ( W S Attorney General),Thomas P. DlNapoli (NYS Comptroller), Sheldon Silver (NYSSpeaker of the Assembly), Malcom Smith (NYS Senator), Hakeern Jeffries (NYS Assemblyman for the 5? AD), Christine Quinn (NYCSpeaker of the Council), William Thompson (NYC Comptroller), Jim Tedisco (NYS Assemblyman), Dean Skelos (President pro tempore of the N Y S Senate) in their Official Capacities and individually. the Democrat

J

Candidate Presidential Electors as a class, in their official Capacity and individually; The New York State Board of Elections and John Does and Jane Does Defendants.

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I

.

. DNGs coum ~ B K FEE

$d,80

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I

the asdavit of Christopher h l Skunk affirmed to on the 1

the.exhibits. Summons and

affidavit, and memonkd

attached to the

~3 .&law in which New York Election Law Article 12 applies from the

d

November 4,2008 Genetal Election thru December-25,2008for expedited relief, as amafter of state ofNew York Constitutional Law for an Order to Show Caux for a Temporary Restraining Order under CPLR 46301 and Stay under CPLR 92201 of the New York Electoral College

public officeof W

t or profit pending delivery under a Judicial

Subpoena Ducw Tecum of the

United States Deparhnent of State of the travel records of Stanley Ann Dunham covering the

on or about Decernbcr IS, ZOO8 baven't been p w i d d , that tile vote certi6carion be restmined until being lifted by the United States Supreme Court; d . of

to serve notice upon the United States Supreme Qu?,

whose c o n c u m

original juridiction after certificationof the New York Electoral College and those of the several States Elecbral Collqes, may order the determination of the elifibility-of -. :.

any candidate for the Office of United States President / Vice Pnsidcnt shall be a natural born citizen of the United States under the U.S. Constitution law of the land:

e. And for finther and dierent relief as the Court may deem necessary herein. As it is allcgcd as a matter of irrepar8bIeharm that he United S ~ r eDepartment s of State

arbitrarily withholds travel records of Stanley &a Dunham covering the period of 1960 through 1963, and that the travel records would prove that B a r d Hussein Obama as a candidate for

President is not a natural born citizen of the United States, therefore ineligible, requiresresbaint of the Electoral College from voting for him;and that P l a i having cast his advisory vote at the November 4,2008 General Election is being arbitrarily denied equal protection and substantive due process in the maim of the public travel records and or even an affirmative response from the U.S. Department of State, that is necessary to further advise theNcw York

EIcctoraI College to be certified on December 1.2008, and thereafter prepare to elect a president to be certified on or after

December 15,2008, and then to be reported by December 25.2008.

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it is ORDERED by

Judicial Subpoena Duces Tecum upon the United States Department of State and or it agents including the United Slue S e c r e q of State lo pmvide by

November 2008 tqfthis

Court a qualified witness along with any and all information or records related to Stanley A m Dunham born November 29,1942 at Fml Leaveowoh KS. U.S., pka. Stsnley Ann Dunham

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Obama and who died on November 7,1995

under the name Stanley Ann Dunham Soetoro (aka.

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summ) for any and or all exit and entry r e c a d for travel outside of the USA for the period

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n 1960 through 1963; md hrther, hew? *+9 of the Pending funher& o this m r one of competentjurisdiction it is ORDERED -

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duly elected 31 candidates of lhe New York Eleeloral College slate inchding persons filSmg any

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vacancies for those listed for the Democratic Party Committee Presidential Elector ?ate under

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b e names oE Velds Icfiiey,June F. O'Neill, Deanis Mohiel. David A. Paterms Andrew Cuomo, Tho-

P. Dill~cpoli,Sheldon Silver. Malcom Smith. Maria Lun& R O W M

m.

Pamela Green-Pertiins, Helen D. Foster, JonCooper, H&eem Jefies. Richard Fife. DeborahA.

Slott, Turence Ymg, Geoqc Arthur, George Gresham, Alan Van Capcllt, Inez Dick-,

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( Ballantyne. Alan Lubin. Bethaid. Oonzalez, William Thompson. I Applebun, Davila, Ivan Young.Batma F i 4 Frank B o k I11 Yolk Chistine Quinn,

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("New

Electoral Collcgc"), arc hereby stayed from voting for candidate Barack H-in

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Obama; and

Sufficient cause appearing therefore, let mail service certified with retwn receipt of this 4

order, and the papers upon which this order is granted. upon the respondents David A. Paterson, %drew

offi-:

Cuomo. Dean Skelos,wornas P, DiNapoli, Lorraine A. Cortez-Vazquez, and public !%ldon ~ilver,%alcorn ~ m i t h , ~ a k e el&es,%stine m

~uinn,\R;tlliamThompson,

d m ~+edhco!d& Skelos, d Kew Yo& Stmc hard of Elections. New Yo& Eleuod College,

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the United States Depmment of State, the Unittd States Department of Justicc, and the

Honorable Justices of the United States Supreme Court on or before the

day of

November, 2008 be deemed good and sufficient An fldavit or other proof of service shalj be presented to this Court a h the d m directed in Lhc second paragraph of 11s; order. ENTER

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Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

AFFIDAVIT IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR TRO, PERMANENT INJUNCTION AND OTHER RELIEF

EXHIBIT E

Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

AFFIDAVIT IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR TRO, PERMANENT INJUNCTION AND OTHER RELIEF

EXHIBIT F

Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

AFFIDAVIT IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR TRO, PERMANENT INJUNCTION AND OTHER RELIEF

EXHIBIT G

NYS Board of Elections Foil Request Page

Page 1 of 2

New York State Board of Elections Request for Access to Public Records Instructions: All persons submitting a request to access public records must complete the following: * indicates a required field *Name

CHRISTOPHER EARL STRUNK

*Address 593 VANDERBILT AVENUE UNIT281 *City

BROOKLYN

*State

NY

*Zip

11238

Day Phone

845-901-6767

*E-mail

[email protected]

Does Applicant apply on own behalf?

Yes

No

If No, name and address of person or organization on whose behalf applicant is acting. Name Address City State Zip Please list the records, determinations, minutes, rules or other documents you wish to examine or have copied. (Photocopy charge: $.25 per page, prepaid). 1 CERTIFICATE FILED FOR DEMOCRATIC PARTY PRESIDENT CANDIDATE FOR 200 Date Filed SEPT 2008

2 CERTIFICATE FILED FOR REPUBLICAN PARTY PRESIDENT CANDIDATE FOR 2008 Date Filed SEPT 2008

3 CERTIFICATE FILED FOR WORKING FAM PARTY PRESIDENT CANDIDATE FOR 200Date Filed SEPT 2008

4 CERTIFICATE FILED FOR CONSERVATIV PARTY PRESIDENT CANDIDATE FOR 200 Date Filed SEPT 2008

5 CERTIFICATE FILED FOR INDEPENDENC PARTY PRESIDENT CANDIDATE FOR 20 Date Filed

http://www.elections.state.ny.us/Nysboe/Forms/FoilRequestPublicRecords.html

11/21/2009

NYS Board of Elections Foil Request Page

Page 2 of 2

SEPT 2008

6 CERTIFICATE FILED FOR GREEN PARTY PRESIDENT CANDIDATE FOR 2008 GENEDate Filed SEPT 2008

7 CERTIFICATE FILED FOR LIBERTARIAN PARTY PRESIDENT CANDIDATE FOR 2008 Date Filed SEPT 2008

8 CERTIFICATE FILED FOR SOCIAL. WK. PARTY PRESIDENT CANDIDATE FOR 2008 Date Filed SEPT 2008

9 CERTIFICATE FILED FOR PLT. PARTY PRESIDENT CANDIDATE FOR 2008 GENERA Date Filed SEPT 2008 Submit

Reset

http://www.elections.state.ny.us/Nysboe/Forms/FoilRequestPublicRecords.html

11/21/2009

Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

AFFIDAVIT IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR TRO, PERMANENT INJUNCTION AND OTHER RELIEF

EXHIBIT H

593 Vanderbilt Avenue – 281 Brooklyn, New York Zip Code exempt DM 122-32 (845) 901-6767 Email: [email protected] Christopher-Earl: Strunk © in esse David A. Paterson, Governor of the State of New York The Capitol Albany, New York Reference: Governor signs Executive Order No. 30 Establishing the New York 2010 Census Complete Count Committee

Subject: Judicial Notice and U.S.P.S. role in the 2010 Census Dear Governor Paterson, I, Christopher-Earl: Strunk © in esse, declare under penalty of perjury with 28 USC 1746 as follows: The referenced Executive Order No. 30 is riddled with New York State Constitution and related law violation that questionably begs for Federal Funds in the Federal driven decennial 2010 Census and use of the New York Penal Law, that like the RICO Act punishes sanctuary harboring fraud related activity in connection with identification documents, mail fraud, wire fraud, procure citizenship or naturalization unlawfully witness tamper, fraud and misuse of documents, interstate and foreign travel in aid of racketeering Enterprise, engaging in monetary transaction in property derived from specific unlawful activity, I urge the Governor and the socalled “Complete Count Committee” to question the Enterprise intent and actual Constitutional solution. For instance, why does the Press Release (attached) suggest the Executive Order urge “New Yorkers” not to be “afraid” to make an affirmation to strangers at the door – this is a criminal matter. The Governor uses the dual domiciled Eliot Engel proffer that “When the census taker comes around, don’t be afraid to get counted to help yourself and help New York State.” The Governor’s Order could have skirted Mayor Bloomberg’s “Don’t Ask Don’t Tell Policy” Executive Order No. 41, but doesn’t, and questionably initiates State action in the Enterprise grab at the Federal Treasury. When the characterization of “FEAR” is used, would FEAR be there if a uniformed postal carrier of the United States Postal Service knocks be a reason for fear? The USPS is best situated to enumerate the 2010 Census, NOT the RICO tainted derivatives of ACORN’s myriad combination of community based organizations criminally involved in Motor-voter registration, Medicaid false billing ponzischeme frauds and felonious misrepresentation of public documentation and suborning witnesses for pay. On point, Tourists per se are at will as are those associated with the diplomatic community at will are not Permanent Resident Aliens per se or Citizens per se as required by the State to determine its application of jurisdiction; and therefore, tourists as are diplomats not counted for the U.S. House allotment, notwithstanding any Federal statistical interstate commerce matter that accompanies enumeration and 5 year interim survey. The 2010 Census enumeration as any enumeration must differentiate those under state rather than Federal or Foreign jurisdiction so as not to otherwise questionably allot more House seats based upon tourists and diplomats as done previously for California, Texas, New Mexico Arizona and Nevada among States closer than New York to the stream of tourists at will, and determine who the actual inhabitants defined by New York Law as New York State citizens that are domiciled here as either Permanent Resident Aliens or Citizens of any age is the intent of the Census. Any tourist and or diplomat except for a criminal matter or civil judicial action in our courts isn’t under state jurisdiction as required with the 14th Amendment. Tourists, Diplomats and their families are foreign affair matters exclusively under Federal and Foreign jurisdiction by the requirements of the Vienna Convention treaties and associated law in its entirety. I agree New York is short changed in Congress. As such, this Judicial Notice that Declarant is Plaintiff jus tertii in the 2010 Census Enumeration case Strunk v. United States Department of Commerce Bureau of the Census et al. DCD 09-cv-1295 (1) before District Judge Richard J. Leon, with a pending decision on the Motion for a Three Judge Panel with 28 USC 2284. As the ongoing 2010 Census enumeration is a nationwide matter that injures New Yorkers and singles out 1

http://www.pdfcoke.com/doc/21924443/Strunk-v-DOC-et-al-Verified-Complaint-DCD-09-cv-1295-071309

1 of 3

some citizen(s)’s suffrage, speech and liberty to have a republican form of government of laws not men for different treatment, in that there has not been an enlargement of the U.S. House of Representatives since 1912 that is ripe for review as a substantive equal protection matter with use of the 13 USC 141 unconstitutional outrageous disproportionately diminished dilution of suffrage that infringes speech as to our nationwide voice as New Yorkers to Congress and the Executive Order No. 30 (attached) now involves 42 U.S.C. 1983 state action. The so-called Founding Fathers of the United States Constitution mandate the House Representation ratio of 1 member per 30,000 persons, remains un-amended, and today would yield say 10,000 U.S. House members. Is the Constitution dead letter law like the State Constitution is alleged to be by pundits? In 1791 the proposed amendment setting the size of the U.S. House was not adopted as pre-mature would now yield say 1,500 for a reason – the matter is ripe for review, join in as Al Smith once did and urge the USPS initiative to keep New York out of the RICO Enterprise focus on false billing and usurpation of rights! That the 1990 and 2000 reapportionment occurred without meeting the 10% mean deminimus protection of those eligible to vote as New York citizens who are affected differently on a CD by CD basis for each New York U.S. House seat. That unequal treatment has increasingly injured and singled out Plaintiff and those similarly situated both by injurious gerrymandering and outrageous non-enforcement of the INA with related law that since the notorious 1986 Reagan Administration granted the “one time amnesty” for tourists at will. Tourists at will as with diplomats and their families are not “illegal” per se and according to New Jersey Governor-elect Christopher Christie as the once U.S. Attorney and the New York State Constitution Article 3 Section 4(2) and Section 5-a (3) accordingly. The Section 5-a definition of ‘the term "inhabitants, excluding aliens" shall mean the whole number of persons’ coincides with the State Constitution intent in its entirety can only mean the mandatory use of the census as defined in the Articles especially Article III as to the Legislature in its entirety, Article IV as to the Executive (4) , Article VI as to the Judiciary (5), Article VIII as to Local

2

Article III as to the Legislature Section 4. Readjustments and reapportionments; when federal census to control. Except as herein otherwise provided, the federal census taken in the year nineteen hundred thirty and each federal census taken decennially thereafter shall be controlling as to the number of inhabitants in the state or any part thereof for the purposes of the apportionment of members of assembly and readjustment or alteration of senate and assembly districts next occurring, in so far as such census and the tabulation thereof purport to give the information necessary therefor. The legislature, by law, shall provide for the making and tabulation by state authorities of an enumeration of the inhabitants of the entire state to be used for such purposes, instead of a federal census, if the taking of a federal census in any tenth year from the year nineteen hundred thirty be omitted or if the federal census fails to show the number of aliens or Indians not taxed. If a federal census, though giving the requisite information as to the state at large, fails to give the information as to any civil or territorial divisions which is required to be known for such purposes, the legislature, by law, shall provide for such an enumeration of the inhabitants of such parts of the state only as may be necessary, which shall supersede in part the federal census and be used in connection therewith for such purposes. The legislature, by law, may provide in its discretion for an enumeration by state authorities of the inhabitants of the state, to be used for such purposes, in place of a federal census, when the return of a decennial federal census is delayed so that it is not available at the beginning of the regular session of the legislature in the second year after the year nineteen hundred thirty or after any tenth year therefrom, or if an apportionment of members of assembly and readjustment or alteration of senate districts is not made at or before such a session.

3

Article III Section 5-a [Definition of inhabitants]. For the purpose of apportioning senate and assembly districts pursuant to the foregoing provisions of this article, the term "inhabitants, excluding aliens" shall mean the whole number of persons. (New. Added by vote of the people November 4, 1969.) 4

Article IV as Executive §6. Appointments and promotions in the civil service of the state and all of the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, as far as practicable, by examination which, as far as practicable, shall be competitive; provided, however, that any member of the armed forces of the United States who served therein in time of war, and who, at the time of such member's appointment or promotion, is a citizen or an alien lawfully admitted for permanent residence in the United States and a resident of this state and is honorably discharged or released under honorable circumstances from such service, shall be entitled to receive five points additional credit in a competitive examination for original appointment and two and one-half points additional credit in an examination for promotion…

2 of 3

Finance limits upon Indebtedness 'Q,Article XVILI as to Housing etcetera and inter alia that the census requires all "aliens" per se to be clearly differentiated from citizens per se, to mean between permanent resident aliens and citizens of any age, but especially as to the Article I1 suffrage guaranteed with the Article I Bill of Rights. May I remind that the Ratification of the Constitution by the People of New York July 26, 1788, declared: " n u t a11 Power is originally vested in and consequently derivedthe People, m d that Government is instituted by them for their common Interest Protection and Security. That the enjoyment of Life, Liberty and the purstrit of Happiness are essential rights which every Government ought to respect andpreserve. That the Powers of Government may be reassumed by the People, whensoever it shall become necessary to their Happiness; that every Power, Jurisdiction and right, which is nof by the said Constitution clearly delegated to the Congress of the United States, or the departments of the Government thereox remains to the People ofthe several States, or to their respective State Governments to whom they may have granted tl?esame; ... ?hat the PeopIe I~avean equal, natural and unalienable right,freely andpeaceably to Exercise their Religion according to the dictates of Conscience, and that no Religious Sect or Society ought to be favoured or established by Law in preference of others. " Declarant has complied with the Attorney General's Office urging not to name the State of New York in DCD 09-cv-1295 to prevent a burden upon the budget as no cause of state action thexexisted. Your Executive Order No. 30 has initiated several causes of action, which I will join in the Court of Claims for damages and seek restraint with an Article 78 for failure to follow the Constitution- if not clarified expeditiously within seven working days. To date the Governor has ameliorated the potential action against the executive by firing his prior Jesuit Chief of Staff, is distant from the Usurper with dual allegiance at birth, and perhaps those permanently embedded in New York Government at the hub of the Enterprise. Declarant seeks a rapid clarification and meeting at the Governor's earliest convenience to avoid further action; and were the Honorable Governor, like A1 Smith in 1928, to demand an enlargement of the United States House of Representatives for the first time since 1912, I would be forever respectfully yours.

Dated: November 17" 2009 Brooklyn, New York Christopher-Earl: Strunk 0 in esse -/

Attached: Governor signs Executive Order No, 30 Establishing the New York 2010 Census Complete Cozmt Committee

cc: Andrew Cuomo, Attorney General for the State of New York The Capitol Albany New York

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Article VI as Judiciary Section 6 for judicial dstricts how constituted at subsection d. The supreme court is continued. It shall consist of the number of justices of the supreme court including the justices designated to the appellate divisions of the supreme court, judges of the county court of the counties of Bronx, Kings, Queens and Richmond and judges of the court of general sessions of the county of New York authorized by law on the thuty-first day of August next after the approval and ratification of this amendment by the people, all of whom shall be justices of the supreme court for the re ainder of their terms. The legislature may increase the number of justices of the supreme court in any judicial district, cept that the number in any &strict shall not be increased to exceed one justice for fifty thousand, or fraction over thl@ thousand, of the population thereof as shown by the last federal census or state enumeration.

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ARTICLE VIII Local Finances Section 4 ILimitations on local indebtedness] $4. Except as otherwise provided in this constitution, no county, city, town, village or school district described in this section shall be allowed to contract indebtedness for any purpose or in any manner which, including existing indebtedness, shall exceed an amount equal to the following percentages of the average full valuation of taxable real estate of such county, city, towq village or school district: (a) the county of Nassau, for county purposes, ten per centurn; (b)any county, other than the county of Nassau, for county purposes, seven per centum; (c) the city of New York, for city purposes, ten per centwn; (d) any city, other than the city of New York, having one hundred twenty-five thousand or more inhabitants according to the latest federal census, for city purposes, nine per centum;

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------------x Christopher Earl Strunk,

Index No.: 29642 / 08

Plaintiff, -against-

MEMORANDUM IN SUPPORT

David A. Paterson (NYS Governor), Andrew Cuomo OF AN ORDER TO SHOW CAUSE (NYS Attorney General), Thomas P. DiNapoli (NYS Comptroller), Sheldon Silver (NYS Speaker of WITH TRO, PROTECTIVE the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS Assemblyman for the 57th AD), Christine Quinn (NYC Speaker of the Council), ORDER, PERMANENT William Thompson (NYC Comptroller), INJUNCTION AND Jim Tedisco (NYS Assemblyman), Dean Skelos (President pro tempore of the NYS Senate) in their OTHER EQUITY RELIEF Official Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their official Capacity and individually; The New York State Board of Elections and John Does and Jane Does Defendants. -------------------------------------------------------------------------x

I am the Self represented Plaintiff, Christopher Earl Strunk in esse, whose affidavit is affirmed to on the 23rd day of November 2009, with annexed exhibits including a conformed summons with verified complaint annexed as Exhibit A, wishes equity relief with temporary restraining order, protective order of plaintiff in association with various named persons alleges State actions of harassment threats and infringement of first, fourth, fifth, ninth and tenth amendment rights under jurisdiction of the entirety of the State of New York Constitution especially application of Article II protection afforded by the Article I Bill of Rights and Article III Section 4 as to the 2010 Census enumeration and Governor David A. Paterson’s Executive Order No.: 30 as applies to New York State Election Law Article §16-100 and underlying allegation that Election Law Article 6 is misapplied and mis-administered by agents of the NYS Board of Elections and subdivisions from before the November 4, 2008 General Election as part of predicate acts to facilitate a nationwide RICO Enterprise fraud, unjust enrichment and theft of personal suffrage property seek emergency equity relief pending an expedited discovery for a hearing for permanent injunction; however, pending a hearing on this instant action and it is alleged with

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imminent irreparable harm with time as the essence, that warrants a TRO equity relief for Plaintiff and his associates and material witnesses requests issuance of a protective order.

As To the Protective Order Under the circumstance described in the affidavit and by Pastor Manning and other named Plaintiff Witnesses surrounding Plaintiff’s challenge as the “last man standing” a year later here and in Washington D.C. as to the eligibility of Barack Hussein Obama to serve as President of the United States, the alleged Usurper has injured Plaintiff, and such injury is there before District Judge Richard J. Leon; and having been directed by this Court to seek relief there first it is reasonable considering the controversy surrounding the entire matter that the expectation of threat, coercion and infringement as witnessed with Pastor Manning’s broadcast statement first fourth fifth 9th and tenth amendment rights to the constitution with state action as alleged chills and oppresses Plaintiffs action also as he is in association since before the election with the persons named as material witnesses who are also threatened. Therefore Plaintiff’s concern for he, his family and associates is real and represents an ongoing harm that Plaintiff had previous discussions about, before the growth of the size of federal actions in Washington, sealing this case from the public because of my fear of reprisals and that New York Assistant Attorney General Joel Graber, Defendants Counsel, stated that sealing would be difficult unless it were strictly a family / domestic relations type of sealing, not something like this case; and therefore as I agree with Mr. Graber, a suitable protective order and related relief associated with it is appropriate and reasonable under the circumstance and that the public has a right to know what we are doing and will not unreasonable infringe upon state action which otherwise must seek a court approval of warrants etcetera which now properly

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belongs before this court here in Plaintiff ‘s domicile State, not in Washington District of Columbia.

As To Issuance of Subpoena The need to issue subpoenas as to the named agents to the extent that plaintiff is not an attorney becomes the responsibility of the Court to weigh and act upon, and that under the circumstance is reasonable and must be done timely were the protective order to be lifted upon hearing; and furthermore, because the federal agents were obviously acting central Intelligence Agency Agent were present makes issuance of subpoenas(s) and order not to allow risk of flight by such agents by their supervisor to cover-up their acts is essential and linked in every aspect to a fin ding here in an expedited manner.

As To the State Election Board fiduciary duty with Election Law Article 6 That the underlying first cause of action is motivated by whether or not Election law Article 6 as to the Board’s agents fiduciary duty to ascertain whether or not a Presidential Slate of candidates is eligible to serve as President of the United States goes to inconsistency of the Election Law under plenary control of the State to conduct the election and it appears as the affidavit alleges that the Certificates presented by the various Party Committees to put the Presidential Slate on the Ballot are not sworn with specific uniform language that would relieve the Boards agents form both comparison of all and follow-up as to veracity unlike the sworn guarantees for both registration, petitioning and actual voting imposed by other article of the election law. Plaintiff complains of EL 17-120. Misconduct in relation to certificate of nomination and official ballot, EL§ 4-112. Certification of nominations; state board of elections, EL § 6-158. Nominating and

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designating petitions and certificates, conventions; times for filing and holding as applies to such certificates. That plaintiff has requested actual copies of the Certificates and that they are presented with argument at hearing for a declaratory judgment. That this Court has EL§ 16-100. Jurisdiction vested o summarily determine any question of law or fact arising as to any subject set forth in this article, which shall be construed liberally.

As To the allegations of constitutional violation by Govenor's Executive Order No.: 30 To the extent that Plaintiff since 1999 has been pursuing the issue of whether or not the State Constitution as to enumeration of the decennial Census has actual jurisdiction for an accurate count has now been clearly delegated by Barack Hussein Obama to state action and the Order express with federal reimbursement and therefore is now in the jurisdiction and authority of this court to over see and weigh in the matter of compliance with the State constitution especially as referenced in the Judicial Notice shown as Exhibit H, is a matter intrinsically related to the ongoing case in Washington and requires that such state constitutional issue a declaratory judgment that will effect the outcome on the three judge panel request there and pursuant to the Lincoln- Eisenhower doctrine of comity between the courts is proper and is to be expedited accordingly.

In conclusion in support of all equity relief requested That Plaintiff has expended administrative remedies and has no other jurisdiction to obtain relief especially since the Census matter in New York is within State Court jurisdiction, has not asked for this relief before and in that there is an alleged threat of irreparable harm with time as the essence is entitled immediate temporary protective order before hearing for all those listed and

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the paraineiers of issuance precedents for a TRO until a fair expedited discovery process and preliminary hearing for an injunction is had as to where such relief would be permanent or lifted by this Court under its original jurisdiction and that Affirmant based upon the evidence at the hearing be afforded adequate time to summarize for a declaratory partial summary judgment as to the matter of State Defendants fiduciary responsibility as to the Presidential Ballot Certificates with Election Law Article 6. Respectfully submitted by,

Dated:

Brooklyn, New York November 23,2009 Christopher Earl Strunk, in esse plaintiff 593 Vanderbilt Avenue #28 1, Brooklyn, New York 11238. (845) 901-6767 E-mail: [email protected]

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.r:SUPREME COURT OF THE STATE OF NEW YORK ZY-cow.OF~ G S .x-

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Index No.: 29642 108

Christopher Earl Strak,

Plaintiff, -against-

David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Thomas P. DiNapoli (NYS Comptroller), Sheldon Silver (NYS Speaker of the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS Assemblyman for the 57& AD), Christine Quinn (NYC Speaker of the Council), William Thompson (NYC Comptroller), Jim Tedisco (NYS Assemblyman), Dean Skelos (President pro tempore of the NYS Senate) in their mcial Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their official Capacity and individually; The New York State Board of Elections and John Does and Jane Does

Defendants.

Affidaqit in support of OSC with TRO Ex A - Summons with Complaint Ex B Governor Paterson's Press Release for Executive Order No.:30 Ex C - Governor Paterson's Executive Order No.: 30 Ex D - Deniaf of OSC dated November 19,2008 Ex E Affidavit for Hawaii affirmed by Nancy Pelosi dated August 28,2008 Ex F Affidavit for other States affirmed by Nancy Pelosi dated August 28,2008 Ex G -November 21,2009 FOIL of Certificates for Presidential Candidates on Ballot Ex H Strunk's Judicial Notice to Governor Paterson and Attorney general Cuomo Memorandum of Law in support of OSC with TRO

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Dated: ,

Brooklyn, New York November 23,2009 Christopher Earl Strunk, in esse -plaintiff 593 ~ G d e r b i lAvenue t #28 1, Brooklyn, New York 11238. (845) 901-6767 E-mail: [email protected]