Hamblin V Obama - Reply To Obama Motion To Dismiss - 30 2009-07-24
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"Jl... FILiI:> ___ RECe~EO 1
IN PROPRIA PERSONA
2
Clark Hamblin, Plaintiff
3
12406 N. 130th Lane
4
EI~kage,Araona
5
COpy
JUL If ,009 CLERK US CIITAIOT OOURT
ev
85335
01STFUOT OF ~"l~~~u1Y
IN THE UNITED ST.(\TES DISTRICT COURT FOR THE DISTItICT OF ARIZONA
7
Oark Hamblin,
9
10
LODGED i
Phone: 623-972-5213
6
8
-
Plaintiff,
Case No. CV 09-0041O-PHX-ROS before the Honorable Roslyn O. Silver
vs.
11
Barack Obama;
PLAINTIFF'S REPLY TO DEFENDANT
12
and,
BARACK OBAMA'S OPPOSITION TO
13
John S. McCain,
PLAINTIFF'S SECOND ~OTION FOR
14
Defendants.
DEFAULT JUDGMENT !
15 16
INT~ODUCI10N Plaintiff has filed with the Cler~ of this Honorable Court, a complaint (doc.
17
#1), an amended complaint (doc. #4) ~nd properly served the Court issued summons
18
for same (doc. #3) along with proper ~nd complete copies of the complaint and
19
amended complaint afore mentioned a$ prescribed by the FRCiv.P Rule 4(e)(l), (doc.
20
#7 and #8) and the applicable State 4RCivP Rule 4.2(c), (doc. #23). This action
21
was filed based on the allegation that te Defendant, Barack Ohama (hereafter
22
B.O.) committed the act of fraud by s orn false statement of material fact on the
23 24
25
26
27 28
30th day of November, 2007 before a ~otary Public of the State of Vkginia, and along with his Arizona committee Chairman, caused the same document, State of I
Araona Presidential Preference Electior Candidate Nomination Paper (ARS 16-242 hereto attached as exhibit A, two pag1s) to be deposited within the Arizona Secretary of State's office on Decembe 13,2007 at 3:01pm, wherein an abridgement of Plaintiff's rights occur ed. in violation of the United States
0)
1
Constitution Amendment XIV, Sectiqn 1 and 2. At the time of the alleged action
2
taken by the Defendant, he was acti9g in the exact manor as Defendant, John S.
3
McCain, who by and through his hig~y esteemed counsel, Mr. David]. Bodney,
4
(listed in "Who's who in American Lar", "The Best Lawyers in America",
5 6 7 8
and"Southwest Super Lawyers") has e~phatically stated that "McCain was acting solely as a political candidate and a private person in his 2008 campaign" (doc. #18, I
page 11, lines 18 and 19) and Plaintiff is respectful of counsel's credentials and is in full concurrence with that assessment lthat both Defendants were void of any action preformed in an official capacity or in
9
Government invested by their United States Senatorial Position, with the addition
10
that both Defendants' action in this i~stant matter were taken under the color of
11
Arizona statutes at Title 16 of the A.R.S.. Plaintiff's assertion as to being under the
12
color of State statute is confirmed by ~he United States Supreme Court in Smith v.
13
Allwright 321 U.S. 649 (1944). The Juestion before the Court in Smith v. Allwright
14
was, is an action by a national political party "governmental action" for purposes of
I
I
I
15
16
,
enforcing Article II and Amendment *IV of the United States Constitution? See Doc.#25, page 1, line 23 through pa~e 2, line 18. I
The Court, in Smith v. Allwrig't, examined whether the action of the 17
political party was state action or privrte action. It was determined that since
18
primaries were conducted by the part~ under statutory authority, the party was an
19
agency of the state insofar as it deter4uned the participants in the primary election.
20
The party took its character as a stat~ agency from the duties imposed on it by the
21
state statutes, and the duties did not lj>ecome matters of private law, simply because
22
they were preformed by a political par~y.
I
23 24
25
26 27
I
Whereas, there exists no claim Ifor relief that couches upon the United States Government, or any officer, agency, lpartment, division or corporation, company, or other than the private persons of t e two Defendants in this action, this action is purely a civil matter between three pa ties all acting in a private person capacity under authority granted by the State ~f Arizona Revised Statutes at Title 16. And whereas, there exists in this action no flaim of any offence that touches on any
28 I
(2)
I
1
official action by the "United States Gpvernment, nor Agency; Corporation; Officer or
2
Employee Sued in an Official Capacity (~RCiv.P Rule 4(i)(I)(2), nor a United States
3
officer or employee sued in an individuall capacity for an act or omission occurring in connection with duties performed on the pnited States' behalf (whether or not the officer or I
4
employee is also sued in an official capaqity)" (FRCiv.P Rule 4(i)(3). Also whereas, by the
5
the DOJ website;
6 7
I
" Q. Can the Department of Justide provide legal assistance to private citizens? A. No. The Department of Justi~e is not authorized to provide legal assistance to I
private citizens or to represent them, exc,pt in instances where the Department of Justice
8
has determined it will provide representation to a person who has filed a complaint with the
9
Department of Labor ("DOL") under the pniformed Services Employment &
10
11 12
Reemployment Rights Act of 1994 and ~e complaint has been referred to us by DOL. ". I
(Copy hereto attached as exhibit B, threelpages.). MOOTNESS OF THE DOJ AP~EARANCEIN REPRESENTATION OF DEFENDANT BARACK OBAMA
13 14 15
Whereas, this case is brought bef~re this Honorable Court for an alleged action of
fraud, by sworn false statement ofmateri~ fact, perpetrated upon the Plaintiffby two
Defendants that just, as an exculpatory istue, happened to be sitting United States Senators,
16
does not make this an action against any,ofthe aforementioned (U.S. Government or its
17
agencies, corporations, officers or emplo~ees) for the purpose of service of process in this
18
19
action as stated above. Plaintiff asserts ~t a statement made within the body of a complaint does not change the character ~f the redress sought when no relief is sought in connection with that statement, and thereby does not change or alter the position in relation ,
20 21
22
to the Defendants. Whereby, for the preceding, there is no reason for the Plaintiff to serve any I
documents upon the counsel that now att¥mpts to enter into this action in violation of their own dictates as demonstrated by exhibit ~ (hereto attached). And with the preceding being
23
factual, this Honorable Court must disre~ard the attempt by unlawful representation to
24
thwart the law and FRCivP in presenting Ian after the fact objection to Plaintiffs proper
25 26
27
I
second request for the Clerk of this Honttable Court to enter a lawful and proper judgment pursuant to Rule 55 (a)(b)(l). This defa~tjudgment requires no further review. I
Furthermore, Plaintiff wishes to tquire as to why DOJ counsel for Defendant B.O. should not be sanctioned for their misreplesentation of the FRCiv.P to this Honorable
28
(3) I
1
Court at page 2, line 20 and page 3, ~e 1 and 2, of "President Barack Obama's
2
Opposition to Plaintiff's Second Motiop for Default Judgment" (hereafter as BO's 0
I
3 4 5
6
to Default) by deliberately omitting t~e rest of the quote which states as follows; "...for an act or omission occurring in conneJtion with duties performed on the United States behalf (whether or not the officer or employee is alsb sued in an official capacity), ". Plaintiff asserts
the rules are the whole rules, not just ~he part that opposing counsel likes or serves I
their purpose.
I
7
I
8
DOJ COUNSEL FOR DEFEND~NTBO IMPUES CASE ABSURD OR
9
FILED FOR PURlfSE OF HARASSMENT?
I
10
I
11
Plaintiff, now presents to this H:onorable Court substantial prima facia
12
evidence of the alleged sworn false statement of material fact executed upon exhibit
13
A which is hereto attached in order to Iclarify the real case or controversy which is
I
I
I
14 15
before this Honorable Court.
i I
1. Docket #4, paragraph IO-If statements by reference here, are now
presented as exhibit C (5 pages) and isl hereto attached along with a copy of email 16
17
I
communication (request, no use of su~pena) with Mr. Bill Thompson, owner of "eyeonbooks.com". These admissions
qy the Defendant BO, to a reasonable mind
18
would bring the conclusion that more ¥kely than not, which is the bar in a civil case
19
at law, that the Defendant has admitted dual citizenship. Plaintiff is in posession on
20
the audio version also if this Honorablf Court so requests.
I
I
21
2. Docket #4, paragraph 22 a1d 23 statements by reference here, are now
22
presented to show that Defendant BOI should have, or did and does know the
23
requirements of the United States Co~titution in respect to the sworn false
24 25
statement of material fact executed uPon exhibit A (hereto attached). Defendant BO's abbreviated resume, placed on t Ie internet for public consumption at, http://www.barackobama.com/about/.paid for by "Organizing for America" a
26
27 28
project of the DNC, is hereto attache as exhibit D, two pages. 3. Plaintiff attaches hereto, as xhibit E, 2 pages, a copy of Senate Resolution
(4)
i !
1
511, which is cosponsored by Defendart B.O., agreed upon and presented to the
2
citizenry of the United States on April 130, 2008. Plaintiff asserts that a reasonable
3
mind, asked to review same, would pr~perly come to the conclusion that Defendant
4
B.O.is in agreement with the concept ~hat to be a "natural born citizen" requires
5
Two (2) parents which are citizens of t~e United States and to be born in a sovereign territory of the United States (United $tates soil). This is not the condition of
6 7
8 9
10 11
I
Defendant B.O.'s birth by self admissi~n, which shall be further expanded in the I
following. In other words, it is more rntely, than not, that Defendant B.O. is not a "natural born citizen" as required on t,e ARS 16-242 filed with the Secretary of State of Arizona (see exhibit A hereto ~ttached) and conversely, more likely, than I
not, a dual national citizen at birth.
'
4. Docket #4, paragraph 47 by reference here, Plaintiff further presents the
sme~rs. com" article "The Truth About Barack's
12
download of the 4 page "fight the
13
Birth Certificate", hereto attached as 9xhibit F, 4 pages, which is odd in that there is
14
really no text on four pages that is dmi,nloadable except for the image of the "certificate of live birth" which has the authentication number blacked out ( a I
15
violation of law) and is clearly marked lin the border that, "Any alterations invalidate 16
17
,
this certificate" (making it moot), but J:>earing a statement about the 1948 British Nationality Act governing Defendant J3.0.'s citizenship that is superimposed over
18
the image of the document. A reasonaple mind would properly conclude from review
19
of this, that Defendant B.O. is, more J/kely than nor, a dual national citizen at birth,
20
and not a "natural born citizen" as reqWred on the ARS 16-242 as is filed with the
21
Secretary of State in Arizona, a
I
i
22 23
24 25
26 27 28
publicl~
obtainable document.
5. Docket #4, paragraphs 48 a~d 49 by reference here, Plaintiff further I
presents the download of the 3 page "~actCheck.Org",Annenberg Political Fact Check website article "Does Barack O(:>ama have Kenyan citizenship?", hereto attached as exhibit G, 3 pages. On pa~e 1 of this document near the bottom is the answer to that Title question, which is i "No. He held both U.S. and Kenyan atizenship as a child, but lost his Ken1n citizenship automatically on .his 21st birthday." Any reasonable mind would properly draw the conclusion from review of (5)
1
that answer, that Defendant was indefd a dual national citizen at birth, and most
2
likely, not more likely, a dual nationallcitizen at birth, and not a "natural born
3
citizen" as required on the ARS 16-24* on file with the Arizona Secretary of State's
4
office.
I
5
6 7 8 9
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6. Plaintiff, by tefetence to doctet #25, page 10, line 25 through page 12, line 8, reasserts how people know what a natural born citizen is, it is not a dual national citizen as Defendant B.O. ha~ stated he is and allowed to be stated on his behalf and allowed political groups to ~y for the advancement of that self admission time and again. Plaintiff aSI'rts that the falsely sworn to statement of material fact on his filed ARS 16-242 long with Defendant's officially expressed
10
opinion in SR 511 (exhibit E), and De ndant's self admitted dual nationality, are at
11
irreconcilable opposition, therefore soJeone is not telling the truth. As for Plaintiff's
12
self, Plaintiff sides with the founders
13
of America.
14 15
16
I
or this great republic we call the United States
7. There has been no rebuke ofithese facts as to date from either Defendant I
B.O. or counsel, only the repeated stat~ment of his place of birth and never any attempts and successes to dismiss
case~ on standing and never on Merit, odd after !
some 30+ cases filed, to say the least. 17 18
19
I
I
11
PLAINTIFF SEEKS DEFAUL JUDGMENT AGAINST A PRIVATE I
PERSON ACTING ljJNDER COLOR OF LAW
20 21
Whereas, Plaintiff has provide1 this Honorable Court with an Arizona
22
Secretary of State, certified, legal copyl of the document which bears the alleged
23
sworn false statement of material fact~ and that document specifies the exact
24
moment in time of the alleged (doc. #4, paragraph 35) violation of Arizona law and
!
I
25 26
27 28
abridgment of Plaintiff's rights to be a~ 3:01pm on December 13, 2007. It is well I
established and indisputable, that at tliat moment in time, the Defendant in this case was a United States Senator, he p}eformed the act of sworn affirmation that he met all of the tequitements contained rthin the ARS 16-242, required by the State
(6)
1
2 3
statutes, for the placement of his namf onto the Arizona 2008 election ballots. That action, is in no way required by, nor limited to, United States officers, I
agencies, companies, et cetera directly Inor indirectly in an official capacity nor I
4 5
individual capacity duty on behalf of tliIe United States. That action is, however, as counsel for Defendant John S. McCain~ positioned identically so, in their alleged fraud, has concurred, a solely "private person" action. That action is however, in this
6 7
8
case, taken and executed under autho*ity derived from the Arizona statutes of 'fitle
16 (ARS) and as held by the Supreme tourt (by reference to page 2, lines 11-22 of I
this reply) are actions taken under the color of law as prescribed by 42 USC @ 1983, I
9 10
1985. That action, giving rise to a charge in employment classification at a future date, illegally, does not negate the ear~er action nor change the factual I
11
circumstances of that action, nor the niature of this instant case. I
12
13 14 15 16
17 18
DOES DEFENDANT B.O. MEAN EXACTLY WHAT HE SAYS? I I I
Defendant B.O., January 11, 2009; "Obviously we're going to be looking at I
past practices and I don't believe that tnybody is above the law." Also "That doesn't mean that if somebody has blatantly btoken the law, that doesn't mean they are I
above the law." Plaintiff asks what dods Defendant mean? Plaintiff inserts by reference he~e, docket #4, paragraph 56 through 64.
19
20
THE LEGAL CONUNDRfw OF "STANDING" AND
21
THE PERIfECT CRIME I
22
23 24
25
26 27 28
I,
It is apparent that if anyone, ei~her alone or by conspiracy, can manage to
perpetrate a fraud upon everyone, the4 the perpetrator{s) is {are) legally insulated from prosecution for that fraud in a citil action by "standing", by anyone of the I
victims; everyone that is victim of thatlfraud is harmed generally and their grievance I
is generally available to everyone (Ot gtnerally unavailable by the doctrine of
standing); because none of the victims Fan ever obtain "standing" due to a lack of
(7)
1
individualized and or particularized injUry caused by that fraud; if that fraud
2
violated the victims rights, then the dqctrine of standing can be used to violate the
3
victims rights completely.
!
4
CO~CLUSION
5
6 7
I I I I
Plaintiff has filed a proper com)j>laint for the legal action initiated against two private persons for the allegation of a fraud perpetrated, which Plaintiff alleges is I
8
the causal action of the resultant unla-{vful abridgment and deprivation of his
9
Constitutional and federally protected rights by two private persons acting under the
10
color of Arizona State statutes at Titl116 of the ARS.. Plaintiff has properly served
11
the court issued summons and all pert~nent documents to the Defendants named in
12
this action in accordance with the app~opriate rules of procedure and in a timely
13 14
15 16
17
I
fashion for each. Plaintiff has filed with the Clerk of this Honorable Court the required proof of service and certificat~s of service, respectively for same, as is I
reflected in the Court record for this ahion. Plaintiff asserts that pursuant
+
FRCiv.P Rule 8(e) "Pleadings must be
construed so as to do justice.", and Plartiff further asserts that "to do justice" in this instant case there can be no other way to construe this action than in the manor I !
18
consistent with that intended filing of fhe complaint which is described in the
19
foregoing.
20
Plaintiff asserts that opposing counsels' citation of a statement, taken out of
21
context, that is in fact, a statement ofl a hypothetical progressional fact, based on a
22
speculated finding, residing in the body of a responsive memorandum, hardly has the
!
!
23 24
effect of changing the requested reliefj1in this action nor the true nature of Plaintiff's proper pleading filed for action agains two private person Defendants acting under the color of law, authorized by Arizon statutes.
25
Plaintiff asserts that the untim~ly filing, by a prohibited counsel, for the
26
Defendant B.O. must not have any ef~ective action in this matter before this
27
Honorable Court and must be stricke~ from the record with the stipulation that
28
(8)
I I
1
any further filings in this case before t~s Honorable Court on behalf of Defendant
2
B.O. be made in propria persona or bylproperly obtained counsel.
3 4 5
The substantial prima facia eviqence of the alleged fraud (doc. #4, i
paragraph 31) presented in this reply ~nd attached exhibits, Plaintiff asserts, meets i
or exceeds the civil action bar of certafty for a finding of guilty on that allegation, and further, that finding provides for 1he impetuous finding of guilty for the
6 7
remaining allegations in the Plaintiff's lamended complaint. i
Whereby, requested here, nunc pro tunc, is Plaintiff's request of this I I
8
Honorable Court for the entrance of dpe. #26 (Plaintiff's 2nd request for default
9
judgment) pursuant to FRCiv.P Rule 55 (b)(l) as is consistent with the law.
,
10
Respectfully submitted to this
11
Honorable Court and
12
the Honorable Roslyn O. Silver
13
14
in propria persona
15
Clark Hamblin, Plaintiff 16
12406 N. 130th Lane
17
El Mirage, Arizona 85335
18
Phone: 623-972-5213
19
20
CERTIFICArrE OF SERVICE I
21
22 23 24
25 26
I, Clark Hamblin, Plaintiff, in ~ropria Persona, do certify that I have filed with the Honorable Court in this matt~r, the original and one copy of the attached documents by personally delivering safe to the Cerk of said Court on theglf-zrday of July, 2009. I further certify that I have personally mailed copies of the ~ afore mentioned documents, by 1st of July, 2009, mailed to:
cla~s mail through the V.S.P.S. on the;:
27
28 I
(9)
1
Barack Obama
2
1600 Pennsylvania Ave. N.W.
3
Washington, D.C. 20500 Defendant
4 5
Tony West, Ass. A.G. Civil Div. 6
Timothy P. Garren, Dir, Torts Branch
7
Mary Hampton Mason, Sen. Trial Counsel,
8
Torts Branch
9
Andrew D. Silverman, Trial Att., Torts
10
Branch, Civ.Div.
11
United States Department of Justice
12
P.O. Box 7146
13
Ben Franklin Station Washington, D.C. 20044
14 15
Steptoe and Johnson, lie 16
Notiff; David J. Bodney
17
Arron J. Lockwood
18
Collier Center
19
201 East Washington Street
20
Suit 1600 Phoenix, Arizona85004-2382
21
Attornrys for Defendant, John S.McMcCain
22 23
In Propria Persona
24
Date: 26
iff
/!if
25
thi~1 day ofJuly, 2009
27
28
EI Mirage, Arizona 85335 (10)
Phone: 623-972-5213
ATTACHMENTS Tq PLAINTIFF"S REPLY TO BARACK OB1MA'S OPPOSITION TO PLAINTIFF'S SECOND MOTION I
FOR DEFAUILT JUDGMENT
CV 09-00110-PHX-ROS before the Hono~able Roslyn O. Silver I
i
List and attachments (listed as exhibits A - G )
(CbVER)
LIST OF ATTACHME~S(AS EXHIBITS A - ) I
A: Defendat B.O.'s ARS 16-242
I
B: DO) Civil Rights Division website Itint out !
C: Bill Thompson's "eyeonbooks".com.
i
D: "barackobama.com/about/" websit~ printout E:SR-511
I
F: "fightthesmears.com/articles/5/birt~certifica te" website printout G:. FactCheck.org.Does Barack Obamt have Kenyan citizenship? website pnntout
(2)
ATTACHMENTS TO PLAINTIFF"S REPLY TO i
BARACK OBA[MA'S OPPOSITION I
TO PLAINTIFF'~ SECOND MOTION FOR DEFAmT JUDGMENT
I I
CV 09-00410-PHX-ROS I
before the Hono~able Roslyn O. Silver I
!
List and attaChment (listed as exhibits A - G)
(COVER) I
LIST OF ATTACHME:rrS (AS EXHIBITS A - ) i
A: Defendat B.O.'s ARS 16-242 B: DO) Civil Rights Division website
I
drint out I
C: Bill Thompson's "eyeonbooks".com.1 D: "barackobama.com/about/" websit1 printout E:SR-511
:
F: "fightthesmears.com/articles/5 /birt~certificate" website printout
G: FactCheck.org.Does Barack Obaml have Kenyan citizenship? website printout
(2)
ATIACHMENTS
T~ PLAINTIFF"S REP!.Y TO
BARACK OBAMA'S OPPOSITION I
TO PLAINTIFF1S SECOND MOTION FOR DEFAUlT JUDGMENT
CV 09-0041 O-PHX-ROS i
before the Honoiable Roslyn O. Silver I I ! ! !
I
List and attaChmenis (listed as exhibits A - G) I I
i
(CpYER)
I
LIST OF ATTACHMErfTS (AS EXHIBITS A - ) A: Defendat B.O.'s ARS 16-242 B: DO] Civil Rights Division website Print out C: Bill Thompson's "eyeonbooks".com.1 D: "barackobama.com/about/" websitJ printout I
E:SR-511
I
I
F: "fightthesmears.com/articles/5/birt~certificate" website printout G: FactCheck.org.Does Barack Obama have Kenyan citizenship? website printout
(2)
ATTACHMENTS T
TO PLAINTIFF!S SECOND MOTION FOR DEFAlfT JUDGMENT
CV 09-00110-PHX-ROS before the Honotable Roslyn o. Silver
I !
List and attachmen~s (listed as exhibits A - G )
liST OF ATTACHMENTS (AS EXHIBITS A - ) I I
A: Defendat B.O.'s ARS 16-242
I
B: DOJ Civil Rights Division website Jrint out I
C: Bill Thompson's "eyeonbooks".com.1 D: "barackobama.com/aboutl" websit~ printout E: SR- 511 F: "fightthesmears.com/articles/5/birt~certificate" website printout I
G: FactCheck.org.Does Barack Obamf have Kenyan citizenship? website printout
(2)
ATTACHMENTS TC!> PLAINTIFF"S REPLY TO BARACK OB4MA'S OPPOSITION I
TO PLAINTIFF1S SECOND MOTION I
FOR DEFAUl.T JUDGMENT
CV 09-0041 O-PHX-ROS
before the Honotable Roslyn O. Silver !
! !
List and attachmen~s (listed as exhibits A - G )
(CPVER)
I
i
LIST OF ATTACHMErrS (AS EXHIBITS A - ) i
A: Defendat RO.'s ARS 16-242 I
B: DOJ Civil Rights Division website print out C: Bill Thompson's "eyeonbooks".com.1 I
D: "barackobama.com/aboutl" websit~ printout E:SR-511
I
F: "fightthesmears.com/articles/5/birthcertificate" website printout i
G: FactCheck.org.Does Barack Obam~ have Kenyan citizenship? website printout
(2)
KEN BENNETT ,
SECRETAliy OF STATE
OF AbzONA
The foregoing document is a c~mplete, true and correct copy of the document filed witlh the Secretary of State.
Ken Bennett, Arizona Secretary of State I
BY_ _~_-"e._=--=:::"'-"----'\---I,.L-_------Date
tt· I 7 . {) 0;
State Capitol: 1700 W Was~ington Street, 7 Floor Phoenix, AZ 85007-2888 Telephone (602) 542-868~ Fax (602) 542-6172 th
!
I
RE 'EIVED SECRE
STATE OF +NA
RY OF STATE
2091 DE 13 PM 3; 0I
I I
PRESIDENTIAL PREFE~ENCE ELECTION CANDIDATE NOMIN~ION PAPER' (A,R.S. § 16- .2)
r
FOR OFFICE USE ONLY
I
You are hereby notified that I,
Barack dbama -----+1--------------
am seeking nomination as a candidate for the officf of President of the United States from the Democratic P~rtYI at the Presidential Preference Election to be held on the 5th day of February 2008.
St~tes, am at least thirty-five years of age, have been a resident wIthin the United States for at I~ast fourteen years. I am a natural born citizen of the United
I
5046 South Greenwood Avenue, Chicago,
IL
and
60615
Candidate's actual residence address or description ofpf-Of-r-eS-id-e-nC-e-(c-ity-o-r-to-w-n)----(Z-iP-)I
-::-O_b~am~a_f_o~r_A_m_e_r_i_c_a_,_2_J_J_N_o_r_t_h_M_i_Ch_,f+-g_a_n_>_A_v_e_n_u_e_,_1_1_t_h_F_l_o_o_r_,_Ch_ic_>a g g065 I
Candidate's Post Office Address
(city or town)
(zip)
Candidate's Arizona committee information: Chairman's Name
Don Bivens 2910 North Centr~l Avenue, Phoenix AZ 85012
Address
I
(number and street)
Telephone
602-298-4200
r'
RECEIVED
SECRETARY Of STATE
f£] I am
)
Dlamnot
)
~Iam
)
Dlamnot
a registered voter in the state in which I resi3001 DEC
13 PM 3= Gt
i
a member of the pOliti<11 party from which I am running as a candidate for the office
rf
President of the United States.
I
I do solemnly swear (or affirm) that all the infJmatiOn in this Nomination Paper is true, that as to these and all other qualifications, I am qualifie~ to hold the office that I seek, having fulfilled the United States constitutional requirements for holding said office. I further swear (or affirm) that I have fulfilled Arizona's statutory requirement for Plcl.!.cing my name on its ~reSi ntial Preference
1(:'----;.<-" ~ ~
Election ballot.
I
~ ,~]7----
I
CANDIDATE SIG ~TURE
I Subscnbed AND SWORN to (or affirmed) before me this I
30
~o\
day of
N
~ \/ (3-
(VI
B fR
20
i
I
Public My Co~mission Expires:
'3
'"3 ...... 1/ - 2. 0 f 0
(Seal)
I File with: Arizona Secretary of State Election Services Division 1700 West Washington Street, Phoenix. Arizona 85007
tt' Floor
Office Revision 812112007
7
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Page 1 of5
Civil Rights Division
Main Page Division Overview Section Sites
EnlDlovmE~nt Litigation
Section eOILlerltlV Asked Questions
FOIA Press Releases Frequently Asked Questions Special Topics Cases & Briefs Recruitment & Employment Contact Us
I Search Civil Rights I
(exhibit B) http://www.usdoj.gov/crtlemp/faq.php
7/22/2009
Civil Rights Division
Page 2 of5
I
A. Title VII of the Civil Rights Act Jf 1964, as amended, 42 U.S.C. §2000e, ~~., prohibits discrimination in employment on t~e basis of race, sex, national origin and religion. It also is unlawful under the Act for an employer to t$ke retaliatory action against any individual for opposing employment practices made unlawful by Title "111 or for filing a discrimination charge or for testifying or assisting or participating in an investigation, pr'pceeding, or hearing under Title VII.
a. Who is responsible for enforting Title VII of the Civil Rights Act of 1964?
L,'"·'-" . ,·.'),... ·I.·,,,.. I
A. The,c,' 1,s;g11(EEOC) enforces Title VII against private employers and the Employment litigation Seftion, Civil Rights Division, U.S. Department of Justice enfonces Title VII against state and local government employers. However, individuals who believe that they have been victims by any employer of disCri~ination prohibited by Title VII must file a charge of diScrimination with the EEOC in order to protect their rights. The EEOC is responsible for investigating individual charges of discrimination alleging a violation tf Title VII. I !
a. What is Title I of the Americars with Disabilities Act? !
A. Title I of the Americans with Di~abilities Act of 1990 (the "ADA"), as amended, 42 U.S.C. §12111, ~ ~., prohibits discrimination in el1)ployment against a qualified individual with a disability because of the disability. It also is unlawful under ~he Act for an employer to take retaliatory action against any individual for opposing employment practice\; made unlawful by the ADA or for filing a discrimination charge or for testifying or assisting or participatipg in an investigation, proceeding, or hearing under the ADA. Title I of the ADA designates the VL. as Ithe federal agency PrimarilY. re .., .s.ponsible for investi g.atin,g in.diV,,idua,l charges of discrimination under th19 Act. If you believe that you have been discriminated against in employment in violation of the ADof', you should contact the t()L. The f~.I1J'·r.ca;1;·.VJ'tt:LQ:.?9r)'LIIE!§!'Cl Home Page contains useful inforlation about the entire ADA, as does the following number: 1-800-5140301; 1-800-514-0383 (TOO).
c:
I
a.Who is responsible for enfor4ing Title I of the Americans with Disabilities Act? A. T h e ' ! .' .' '0 (EEOC) enfonces Title I of the ADA against private employers andr" r ".... ..... , .. I .. .. ,Civil Rights Division, U.S. Department of Justice enforces Title I of the ADA against state anlJlocal government employers. Title I of the ADA designates theiCE.Qt< as the federal agency primarily re~ponsible for investigating individual charges of discrimination under the Act. If you believe that you have been discriminated against in employment by any employer in violation of the ADA, you should contact th+ • • •. The,'F,c,,, ,.• ,t' Li.·c<,i·t!Crj\c;j Home Page contains useful infonnation about the entirEj ADA, as does the following number: 1-800-514-0301; 1-800-514-0383 (TOO) ..
Q. What can an individual do if l/he believes that s1he has been discriminated against in employment in violation of TitleTvlI?
t~e
A. That individual should contact ....•. ' " L • • • • • ", C)lkC,,,,itY(>",O",,s§,gn (EEOC) to find out whether slhe may file a charge. Congress has designated the EE')C; as the federal agency responsible for investigating individual chargei of discrimination under Title VII. Individuals who are federal employees, or applicants for emplbyment with a federal agency, must file a charge with the equal opportunity office of the federal ag~ncy.
Q. What is the relationship b e . n the f;:f;qc and the U.S. Department of Justice?
A. If the! f:iY" after investigating Ia charge of employment discrimination filed against a state or local government employer under Title YII, or the Americans with Disabilities Act detennines that there is reasonable cause to believe a violation of the law has occurred and conciliation efforts are unsuccessful, the LEY. will then refer the char~e to the Department of Justice. The Department of Justice will either initiate litigation on the charge or i$sue a notice of right to sue to the charging party, which entitles the charging party to file his or her owr lawsuit in court. I
Q. Is there a time limit inVOlvedtth respect to filing a charge of discrimination with the under Title VII?
~~.Qs;;,
A. Yes. Title VII imposes time limi s for the filing of charges of discrimination. The '=1;(:'(( can provide you with further information on this sutjject In most instances, a charge must be filed within 300 days of the act of discrimination. In some stat$s the charge must be filed within 180 days of the act of discrimination. I
Q. If I have filed a charge withje J;.fQC: and want a notice of right to sue, which agency will issue it to me?
A. The Employment litigation S ion, through its right to sue unit, issues notices of right to sue requested by charging parties, up¢n receipt of appropriate documentation from the fE;.Q<:;, on charges that have been filed with the L,ot against state and local government employers under Title VII and the Americans with Disabilities Act, eJkept in those instances in which the Lf:[eJ\; has dismissed th~ If the charge has been filed again1t a private employer or a union, only the tIQG has authority\
l:i1\Ill"b"tI
!
http://www.usdoj.gov/crtJemp/faq.php
7/22/2009
B)
Civil Rights Division
Page 3 of5
notice of right to sue. Also, only thJ [fe), has authority to issue a notice of right to sue under the Age Discrimination in Employment Act ff 1967, regardless of whether the respondent named in the charge is a state or local government emplo~er or a private employer or a union. If you have filed a charge under Title VII or the Americans with Dis~bilities Act against a state or local government employer and want a notice of right to sue, you may make your request in writing either to the office of the £:[Q(; where filed the charge or to the EmPloym~ litigation Section. Also see, I
.
Q.I do not believe that the EEOCI' properly investigated my charge of discrimination, can the Department of Justice help me?, I
ls
A. No. The Department of Justice without authority to review the manner in which the EEOC conducts its investigations or to intervene bE1fore the EEOC on behalf of an individual. If you believe that the EEOC did not properly investigate your cryarge, you may wish to contact: I
Director, Office of Field Maragement Programs Commission Equal Employment Opportilinity , 1801 L Street, NW Room $023
Washington, D.C. 20507
Q. How can an individual who wlmts to file a private suit retain an attorney to represent himself or herself? I
A, The local
,i ')C
office and the 40urts often maintain lists of attorneys who handle cases involving
emPIOym~::::~~n~:~;·a~~~~ :~r:S:~t~:i;ing names of attorneys is the L8viLelLQ.ffJ[Cil! I
Q. Can the Department of Justic~ assist an individual who alleges that s/he has been improperly
represented by a private attorner? A. No. Individuals who believe tha1 they have been improperly represented by a private attorney may want to bring their concerns to the jattention of the','c"c ·,tcc' in their area.
Q. What if an individual would Ii~e to file a private lawsuit but cannot afford to pay for one?
A. That individual may want to con~act a any assistance. i
to find out whether that agency can be of
I
Q. I disagree with the way the c~urt handled my case; can the Department of Justice help me?
A. No. The courts are part of the iJdicial branch of the federal government and they are separate from the executive branch of which the pepartment of Justice is a part. We do not have authority to review the decision making process of the feqeral courts or to intervene before them on behalf of an individual.
Q. Can the Department of JUsti! assist an individual with a discrimination complaint that the
individual may have against a f deral employer? A. No. Congress has not given th Department of Justice authority to pursue charges of employment discrimination against departmentior agencies of the federal government The procedure for filing a charge of employment discriminati n against a department or agency ofthe federal government is to contact an equal employment opp rtunity officer at that agency who is authorized to receive and investigate such a charge. The pe sonnel office at the agency in question can provide you with further information about filing a charge 0 employment discrimination. !
Q. Who is responsible for handling employment discrimination complaints related to an individual's immigration or citiz nship? status?
h'bit eXI
~. Th'."io~)':;t;:,:;:,=~ ,;:; ,o"";';:;;L,,;"'; ~ ';~~'~i":;':;;: ;;;i~i;;~;~;~'~F Cltlzenship or Immigration status a I d, in certam Situations, natlonal ongm. The OSC also investi\
http://www.usdoj.gov/crt/emp/faq.php
7/22/2009
B)
Page 1 of1
2a!!'-From: To: Sent: Subject:
-+-
_
"Bill Thompson's Eye on Books" <eyeOnbooks;:LmaiI.COm> "Clark Hamblin" <[email protected]> ~ Wednesday, April 01,20094:34 PM I Re: document request
Mr. Hamblin,
I
i
If you have a copy of the transcript from my website,~.lI\\_::\,~jC(\1}b().!)i<5.C(1.\11(as you obviously do), and if you have downloaded a copy ofthe audio mterview, which I also assume you did, I then you have everything I have. I
I had no contact with Mr. Obama before the day of the ~terview, and have had none with him since that day. There was no paperwork associated wi~ the interview (correspondence, releases, etc). It was arranged through phone calls with the pub$city department of his publisher. Hope that helps you. Bill Thompson
On Wed, Apr 1, 2009 at 6:30 PM, Clark Hamblin <""\J~lar(jh_(!.\":,~\\.'_iD.s.L\L~~(X,~:L1Cl>wrote: Dear Mr. Thompson, I have a Fedemllaw suit filed iIn the District Court for the District of Arizona, in which Barack Obama is a Defendant. I ain asking you this first to avoid a subpoena, and hope you will comply with my reque~ for certified copies of any and all papers, documents, registrations, releases, and, or correspon41ence in connection with the authorized publication oftranscripts or audios of the interview JOu had with Mr. Obama on 8/9/1995. This is to be filed with the Court as evidence in caseino. CV 09-00410-PHX-ROS. Let me thank you in advance for your cooperation in this m~tter. Please email me with a response and any requirements you have of me to fulfIll this reque~t. Respectfully. Clark Hamblin, Pro Se litigant .
(exhibit C) 7/22/2009
Page 1 of2
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(exhibit C)
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http://www.google.com/search?q=eyeonbooks&rls=p.qom.microsoft:en-us:IE-SearchBox... I
4/26/2009
Eye on Books
Page 1 of 2
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but his parents h fie was just u, two years old. Obama ~ said his father . was little more than a myttI to him, at the time of the efder Obama'~ death in 1982. Just before he went off t~11aw school, :;:;O:::;~""""'1 Obama traveled to Kenyalto Ieam more about his father, and to trV and put perspective on his mixed-face heritage. f),.... ,
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result was his book "preams From My Father," first published in ~995. Thafs when Eye on Books talked with him. .
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Dreams nom My F@'~J
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-(exhibit C) 4/26/2009
An autnorized.traMaipl: of an Eye on Books author interview.
© 2008 Eye on Books All rights reserved. You may Quote from, or reproduce, this transcript as long as you credit EYE ON BOOKS.
Barack Obama "Dreams From My Father" Interview
reco1ed 8J9I1995
Ke..,_,....... I
........
Baraek Obema_ borA.a _~ 1n1. .J!but his parents divorced when he was just two years old.1 Obama has said his father was little more than a myth to him, at the time of the elder Obama's death in 1982. Just before he went off to law school, Obama traveled to Kenya to Ileam more about his father, and to try and put perspective on his mixed-race heritage. T~e result was his book "Dreams From My Father," first published in 1995. That's when Ere on Books talked with him: EYE ON BOOKS: Why did you write this
bookr
BARACK OBAMA: My father is a blaekAfri::an.
~ a blackAfl'ican. My mather is awhileAl'nelt-
can. He came to the States to study, right after [th~] independence of Kenya, and was part of that
first wave of Africans to travel to the west in searc~ of knowledge to bring back to post-independence Africa. My mother came from small towns i~ Kansas (my grandfather on my mother's side was a traveling salesman for a long time). And so!they came from very different backgrounds.
They came together during the civil rights movem~nt - although they weren't active, I think they were swept up in the spirit of integrationist Americit and the dream of Dr. King, and the optimism and the idealism of the Kennedys - and ended u~ separating shortly thereafter. So the book is really me trying to understand what their lives we~ about, and thereby understand what my life is about. ! I
EOB: This is not the kind of book you
Originall~ set out to write, though?
Obama~,No. I originally got the idea of writing a bqok while I was at Harvard Law School, where I served as president of the Law Review. In listeni~g to a number of the debates going back and forth about affirmative action and voting rights an~ all the controversies surrounding race issues in the country, I thought that I might be able to ins,rt myself into the debate and hopefully clarify
~
I
What I realized, though, was !hat the starling point for any insights I might have really had 10 do with the story of my own family, and coming to terry,s with that multi-cultural heritage. lie first book, at least, that I needed to write was a book that came to terms with that divided heritage.
teo
(exhibit C)
Barack pbama "Dreams From My Father" I
Eye on Books interview transcript Page 2
EOB: Is it then an oversimplification to say you had to get your own house in order, in your mind, before you could work on the coun~ry's? ,
Obama: Well, I certainly think that you have to k~ow where you've been if you want to know where you're going. For someone who comes out ~f a family and a background that's both black and white, that's an especially important process ~hat one has to go through. I
We live in a land of strangers. Blacks and whites I don't know each other, they don't know their stories very well. Within my own family, even in the best-meaning family, there's a tremendous scope for misunderstanding, for suspicion, for fe~r. Until I understood what those fears were, what those hopes were, and what those dreams ~ere, I think I was destined to - potentially, at least - repeat some of the mistakes that my paren~s and grandparents had made. I
EOB: All of that, thirty years after Dr. King and the civil rights movement This seems almost incredible to me, at times, to think that iri thirty years, this is all the progress we've been able to make? Obama: Well, you know, it is frustrating, I think. i I talk a lot in the book about my attempts to renew the dream that both of my parents had. I Worked as a community organizer in Chicago, [and] was very active in low-income neighborho~s working on issues of crime and education and employment, and seeing that in some ways ~rtain portions of the African-American community are doing as bad, if not worse, and recog~izing that my fate remained tied up with their fates. That my individual salvation is not going to I come about without a collective salvation for the country. Unfortunately, I think that recognition requires tha. we make sacrifices, and this country has not always been willing to make the sacrifices necess~ry to bring about a new day and a new age. I
EOB: Would this book properly be called an aitobiOgraPhY, though? Obama: Well, you know, I have not been complet~ly comfortable with calling it an autobiography. I get the image, when I talk about autobiographies, of famous generals writing about their war exploits, or movie stars talking about their lov~ interests. Obviously, at the age of thirtythree, when I finished writing it - I just turned thirtY-four - my experiences are only part of my life, and I haven't achieved any closure yet, hopefi,ally. What I would describe it as is more of a family history. I think it's an oral history, a narrativ~ of a family trying to understand itself, and me as an African and an American tryiAg to ~nd my place in a divided society~
(exhibit C)
Barack Obama and Joe Biden: The Change We Need I Meet the Candidate
Get Local! Create Your MyBO Account (or Login)
Page 1 of2
Ema;IAdd,...
BARACKTV
l;pCode
•
MORE VIDEOS
MEET IheCANDIDATE
Meet Barack EARLY YEARS Barack Obama was born in Hawaii on August 4th, 1961. His father, Barack Obama Sr., was born and raised in a small village in Kenya, where he grew up herding goals with his own father, who was a
MEET
domestic servant to the British. Barack's mother, Ann Dunham, grew up in smalI-town Kansas. Her
~ARACK
Signs of Hope & Change: Election Nlght
MORE otl BARACK
father worked on oil rigs during the Depression, and then signed up for World War II after Peart Harbor, where he marched across
Europe in Patton's aony. Her mother went to work on a bomber assembly line, and after the war, they studied on the G.!. Bill, bought
o obam~ Speeches I
o In the flIews
a house through the Federal Housing Program, and moved west to
I
~~
I
It was there, at the University of Hawaii, where Baraek's parents met. His mother was a
s~udent there, and
his father had won a scholarship that allowed him to leave Kenya and pursue his dreams In America. Barack's father eventually returned to Kenya, and Baraek grew up with his mother in
H~i,
and for a few
years in Indonesia. Later, he moved to New York, where he graduated from Columbia university in 1983.
THE COLLEGE YEARS Remembering the values of empathy and service that his mother taught him, Sarack put
I~ school and
corporate life on hotd aftercotlege and moved to Chicago in 1985, where he became a co,mmunily organizer with a church-based group seeking to improve living conditions in poor neighbo\noods plagued with crime and high unemployment.
I
I
The group had some success, but Berack had corne to realize that in order to truly imprOrthe lives of people in that community and other communities, it would take not just a change at the I I level, but a change in our laws and in our politics. He went on to eam his law degree from Harvard in 1991, where he became the first Afri9n-American
president of the Harvard Law Review. Soon after, he returned to Chicago to practice as a Icivil rights lawyer and teach constitutional law. Finally, his advocacy work led him to run for the illinois
state Senate, where
TEXT HOPE TO 62262
he served for eight years. In 2004, he became the third African American since Reconstruction to be elected to the U.S. Senate.
POLIT1CAL CAREER I
It has been the rich and varied experiences of Barack Obama's life - growing up in d~ places with people who had differing ideas - that haw animated his political journey. Amid the Partis~iP and bickering of today's public debate, he still believes in the abHity to unite people around a ·tics of purpose - a politics that puts solving the challenges of everyday Americans ahead of partisan
Iation and
political gain.
I I
In the IHinois Stale Senate, this meant working with both Democrats and Republicans t o : t working families get ahead by creating programs like the state Earned Income T8J( Credit, which
'-r three years
(exhibit D) http://www.barackobama.com/about/
2/9/2009
,
Page 2 of2
Barack Obama and Joe Biden: The Change We Need I.Meet the Candidate I
provided over $100 million in tax cuts to families lIa"OSS the state. He also pushed throug~ an expansion of eaI1y childhood education, and after a number of inmates on death
row were found innoclmt, Senator
Obama wor1<ed wiIIllaw enforcement officials to require the videotaping of interrogations land confessions in all capital cases. In the U.S. Senate, he has focused on tackling the challenges of a globalized, 21 st centuty world wiIIl fresh thinking and a politics that no longer selt1es for the lowest common denominator. His firstllaw was passed
wiIIl Republican Tom Cobum, a measure to rebuild trust in government by allowing evel}\ American to go online and see how and where every dime of their tax dollars is spent. He has also been~e lead voice in championing ethics reform that would root out Jack Abramoff-style corruption in Congres . As a member of the Veterans' Affairs Committee, Senator Obama has fought to help lIIin is veterans get the disability pay they were promised, while wor1
thousands of
P~Sed by weapons
of mass destruction, he traveled to Russia with Republican Dick Lugar to begin a new geheration of nonproliferation efforts designed to find and secure deadly weapons around the world. And krowing the threat
we face to our economy and our security from America's addiction to oil, he's wor1
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(exhibit D) http://www.barackobama.comlaboutl
2/912009
AUTHENTICATED~
u.s. GOVERNMENT INFORMATION
GPO
III
llOTH CONGRESS 2D SESSION
~
S• RFSl 5.11.
that John Sidney
McC,J, ill,
is a natural born citizen.
I
,
IN THE SENATE OF TIJrE UNITED STATES .A:PmL 10, FOO8 Mrs. MCCASKILL (for herself, Mr. LEAffi, Mr.
OBA.~ Mr. COBURN, Mrs. CLINTON, and Mr. WEBB) sUbmitte~ the following resolution; which was referred to the Committee on the Judiciary !
.A:PmL 24, ~008 Reported by Mr. LEAHY, !without amendment I
.A:PmL 30, ~OO8 Considered and I agreed to
----------
RESOLUTION !
Recognizing that John Sidney McCain, III, is a natural I
born citifen. Whereas the Constitution of the IUnited States requires that, to be eligible for the Office of the President, a person I
must be a "natural born Citizen" of the United States; Whereas the term "natural borJ Citizen", as that term appears in Article II, Section ~, is not defined in the ConI
stitution of the United State+ Whereas there is no evidence Ofne intention of the Framers or any Congress to limit the constitutional rights of children born to Americans se .ng in the military nor to
(exhibit E)
2
prevent those children
fr01
serving as their country's
I
President;
Whereas such limitations would Fe inconsistent with the purpose and intent of the "natpral born Citizen" clause of the Constitution of the U n~ted States, as evidenced by ,
the First· Congress's own st*ute defining the term "natural born Citizen"; I I
eit~ens
Whereas the well-being of all of the United States is preserved and enhanced by ~he men and women who are assigned to serve our country. outside of our national borI
ders;
I
Whereas previous presidential c~ndidates were born outside of the United States of America and were understood to I
be eligible to be President; a*d I
Whereas John Sidney McCain, III, was hom to AmerieaD citizens on an American mpitary base in the Panama Canal Zone in 1936: Now, t~erefore, be it I
1
Resol,md, That John Si1ncy McCain, III, is a "nat-
2 ural born Citizen" under Article II, Section 1, of the Con3 stitution of the United Statesl
o
SRES 511 ATS
(exhibit E)
Fight the Smears: The Truth About Baraek's Birth
C1ficate
Page 1 of4
I
'What you won't hear from this campaign or this party is the kind of politics that uses religion as a wedge. and patriotism as a bludgeo~l - that sees our opponents not as competitors to challenge, but enemies to demonize."
- Barack Obama, .June 3, 2008
(exhibit F) http://www.fightthesmears.comlarticles/Slbirthcertificafe
2/9/2009
Fight the Smears: The Truth About Barack's Birth Ce~ficate
Home
Search Smears
Page 20f4
SEARCH
I
SHARE THE FACTS Copy the text below and paste ~ into your email. HllMllYO""l
1<,
People_are _ t o
'I>'.
=';.,~='=""nm:'" ..inIo.-.... ls ••:,'~,:, ~
"
not an American-.
1lIelactis_~_
born inllle _
a"- _
or_in 1961,
oflbe lJniIod _of_.
•
COpy' CL'PBOARD
Download a PDF version for printing
lELL A FRIEND Inv~e your friends to spread the truth about Barack. You can even import your contacts to make ~ easier. Don't worry-
we don't hold on to any of the email addresses you share.
To:
Enter up to 10 email addresses, separated by
commas
Your EmaIl
(exhibit F) http://www.fightthesmears.comlarticles/5Ibirthcertificare
2/912009
.- Fight the Smears: The Truth About Barack's Birth Certificate
Page 3 of4
Your Last Name
Your Message FriendBInlck Obama was bam in \he _ of_ali in 1961, a naIiIIe _of\he~_of
America.
_,ha1lea _ _
sm-sclalmlng BInlckObama """" really _
a pieCa of
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Read this Article
I 'Ihe truth: Sen. Barack Obarna, born in Hawaii, is a Christijan family man with a track record of public service. ~
FactCheck.org CIarilies _ ' s Citizenship
(exhibit F) http://www.fightthesmears.comlarticles/Slbirthcertific1e
2/9/2009
Fight the Smears: The Truth About Barack's Birth Certlificate
Page 4 of4
(exhibit F) http://www.fightthesmears.comlarticles/Slbirthcertific8fe
2/9/2009
Page 1 of3
FactCheck.org: Does Barack Obama have Kenyan citizenship? I
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August 29, 2008 Just the Factsl Home
Q:
Does Barack Obama
I
ha~
FactCheck Home
The Rocky Mountain Nef.s has reported (below) that Barack Obama "Holds both American anr Kenyan (since 1963) citizenship." Is this true?
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Kenyan citizenship?
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The Rocky Moun(ain News
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August 6, 2008
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Entered Harvard law School in 1988, was elected the first African-American editor of the Harvard Law Review. lie graduated magna cum laude in 1991.
m
.
Won two Grammys for Best $poken Word Albums for an autobiography in 1995 "Dreams From My Father: AIStory of Race and Inheritance" and his second book, "The Audacity of Hope: Thot!ghts on Reclaiming the American Dream," published in
L3
FactCheck . . Mobile Subscribe I Unsubscribe Change Address
OCtober 2006.
I
Mother Ann Dunham died of iovarian cancer in 1995. Father Barael< Obama Sr. was killed in a car wreck in 1982.
1
Ikeyword search...
Spent four years in his at
er's native country of Indonesia.
Is the fifth African-American
~ator in U.S. history
Is the first presidential candi~ate to come from Hawaii. Favorite movies: "The Godfalner" (Parts I and II) and "Lawrence of Arabia." In his early years he was
kn~ as Barry. I
According to his memoirs, h~ admitted using alcohol, marijuana and cocaine in his youth. I!
His first name comes from
ttJb word that means "blessed by God' in Arabic. I
At his wife's suggestion, he quit smoking before his campaign to win the Democratic nomination began.
I !
Holds both American and Named one of Time
2005 and 2007.
~yan (since 1963) citizenship.
magazi~'S "100 most influential people in the world'iist in I
Chosen as one of "10 peopl~ would change the world' by New Statesman magazine
(2005).
Source: biography.com , Intetnet Movie Database, Atlanta Joumal Constitution
A:
I
No, He held both U.S" and Kenyan citizenship as a Child, but lost his Kenyan citizenship automatically n his 21st birthday.
The Rocky Mountain Ne s did in fact run an online article asserting that Barack Obama holds bot American and Kenyan citizenship. The article was incorrect, and the pa er removed the item from the article and ran a correction. The paper's . itor, John Temple, formally apologized for the I I
http://www.factcheck.orglaskfactcheck/does_barack_otiama_have_kenyan_citizenship.html
1/26/2009
(exhibit G)
FactCheck.org: Does Barack Obama have Kenyan citi~enship?
Page 2 of 3
I,
colu~n
error in an Aug. 15, 200 column. Neither the correction nor the apology has prevented the from circulating across the Internet as part of the latest set of basele~ rumors that Obama is ineligible to run for president. . There was a grain of truth to what the Rocky Mountain News reported, though understanding w~y requires a brief history lesson. When Barack Obama Jr.1 was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, stillIpart of the United Kingdom's dwindling empire. As a Kenyan native, Bar~ck Obama Sr. was a British subject whose citizenship status was gqvemed by The British Nationality Act of 1948. That same act governed Ithe status of Obama Sr.'s children: British Nationality ~t of 1948 (part n, Section 5): Subject to the provisions of this section, a person born after the commencement of this Act shall be a citi:ten of the United Kingdom and Colonies by descent ifhis father is la citizen of the United Kingdom and Colonies at the time of the b 4
In other words, at the ti~e of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom and Colonies (~r the UKC) by virtue of being born to a father who was a citizen of the ~KC. Obama's British citizenstlip was short-lived. On Dec. 12, 1963, Kenya formally gained its inde~ndence from the United Kingdom. Chapter VI, Section 87 of the Kenyary Constitution specifies that: 1. Every person who,1 having been born in Kenya, is on 11th December, 1963 a ci''zen ofthe United Kingdom and Colonies or a British protected pe on shall become a citizen of Kenya on 12th December, 1963... I I
2. Every person who,l.having been born outside Kenya, is on 11th December, 1963 a cit(izen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have beco~e, a citizen of Kenya by virtue of subsection (1), become acitizenlofKenya on 12th December, 1963. ,
As a citizen of the UKC ~ho was born in Kenya, Obama's father automatically received Klnyan citizenship via subsection (1). So given that Obama qualified for itizen of the UKC status at birth and given that Obama's father became Kenyan citizen via subsection (1), it follows that Obama did in fact h ve Kenyan citizenship after 1963. So The Rocky Mountain News was at least partially correct. I
But the paper failed to note that the Kenyan Constitution prohibits dual citizenship for adults. Ke~ya recognizes dual citizenship for children, but Kenya's Constitution spe~ifies that at age 21, Kenyan citizens who possesses citizenship in ~ore than one country automatically lose their Kenyan citizenship unless they formally renounce any non-Kenyan citizenship and swear an loath of allegiance to Kenya. Since Sen. Obama has Tither renounced his U.S. citizenship nor sworn an oath of allegiance to enya, his Kenyan citizenship automatically expired on Aug. 4,1982. I
~:~.~~~~e~~~~~~ili~.~l In~OOO I
(exhibit G)
r •
FactCheck.org: Does Barack Obama have Kenyan cititenship?
Page 3 of3
- Joe Miller
Sources Rocky Mountain News Staff. i'Things You Might Not Know About Barack Obama." 6 August 2007. The Rocky Mountain News. 24 August 2008. Temple, John. "8-word Gaffe: Ripples Across Web." 15 August 2007. The Rocky Mountain News. 24 Aug$st 2008. I
I
The British Nationality Actj 1948. 1948. 24 August 2008. :
"The Constitution of Kenya.t 1963 (revised, 2001). The Parliament of Kenya. 24 August 2008. I Copyright C 2003 - 2009, Annenberg PIlbIic PoIicy,Cenler ofllle University of Pennsylvania FacICheck.Ofg's _ , not Ille Annenberg celller, is reaponslble for this material.
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1/26/2009
(exhibit G)
"Jl... FILiI:> ___ RECe~EO 1
IN PROPRIA PERSONA
2
Clark Hamblin, Plaintiff
3
12406 N. 130th Lane
4
EI~kage,Araona
5
COpy
JUL If ,009 CLERK US CIITAIOT OOURT
ev
85335
01STFUOT OF ~"l~~~u1Y
IN THE UNITED ST.(\TES DISTRICT COURT FOR THE DISTItICT OF ARIZONA
7
Oark Hamblin,
9
10
LODGED i
Phone: 623-972-5213
6
8
-
Plaintiff,
Case No. CV 09-0041O-PHX-ROS before the Honorable Roslyn O. Silver
vs.
11
Barack Obama;
PLAINTIFF'S REPLY TO DEFENDANT
12
and,
BARACK OBAMA'S OPPOSITION TO
13
John S. McCain,
PLAINTIFF'S SECOND ~OTION FOR
14
Defendants.
DEFAULT JUDGMENT !
15 16
INT~ODUCI10N Plaintiff has filed with the Cler~ of this Honorable Court, a complaint (doc.
17
#1), an amended complaint (doc. #4) ~nd properly served the Court issued summons
18
for same (doc. #3) along with proper ~nd complete copies of the complaint and
19
amended complaint afore mentioned a$ prescribed by the FRCiv.P Rule 4(e)(l), (doc.
20
#7 and #8) and the applicable State 4RCivP Rule 4.2(c), (doc. #23). This action
21
was filed based on the allegation that te Defendant, Barack Ohama (hereafter
22
B.O.) committed the act of fraud by s orn false statement of material fact on the
23 24
25
26
27 28
30th day of November, 2007 before a ~otary Public of the State of Vkginia, and along with his Arizona committee Chairman, caused the same document, State of I
Araona Presidential Preference Electior Candidate Nomination Paper (ARS 16-242 hereto attached as exhibit A, two pag1s) to be deposited within the Arizona Secretary of State's office on Decembe 13,2007 at 3:01pm, wherein an abridgement of Plaintiff's rights occur ed. in violation of the United States
0)
1
Constitution Amendment XIV, Sectiqn 1 and 2. At the time of the alleged action
2
taken by the Defendant, he was acti9g in the exact manor as Defendant, John S.
3
McCain, who by and through his hig~y esteemed counsel, Mr. David]. Bodney,
4
(listed in "Who's who in American Lar", "The Best Lawyers in America",
5 6 7 8
and"Southwest Super Lawyers") has e~phatically stated that "McCain was acting solely as a political candidate and a private person in his 2008 campaign" (doc. #18, I
page 11, lines 18 and 19) and Plaintiff is respectful of counsel's credentials and is in full concurrence with that assessment lthat both Defendants were void of any action preformed in an official capacity or in
9
Government invested by their United States Senatorial Position, with the addition
10
that both Defendants' action in this i~stant matter were taken under the color of
11
Arizona statutes at Title 16 of the A.R.S.. Plaintiff's assertion as to being under the
12
color of State statute is confirmed by ~he United States Supreme Court in Smith v.
13
Allwright 321 U.S. 649 (1944). The Juestion before the Court in Smith v. Allwright
14
was, is an action by a national political party "governmental action" for purposes of
I
I
I
15
16
,
enforcing Article II and Amendment *IV of the United States Constitution? See Doc.#25, page 1, line 23 through pa~e 2, line 18. I
The Court, in Smith v. Allwrig't, examined whether the action of the 17
political party was state action or privrte action. It was determined that since
18
primaries were conducted by the part~ under statutory authority, the party was an
19
agency of the state insofar as it deter4uned the participants in the primary election.
20
The party took its character as a stat~ agency from the duties imposed on it by the
21
state statutes, and the duties did not lj>ecome matters of private law, simply because
22
they were preformed by a political par~y.
I
23 24
25
26 27
I
Whereas, there exists no claim Ifor relief that couches upon the United States Government, or any officer, agency, lpartment, division or corporation, company, or other than the private persons of t e two Defendants in this action, this action is purely a civil matter between three pa ties all acting in a private person capacity under authority granted by the State ~f Arizona Revised Statutes at Title 16. And whereas, there exists in this action no flaim of any offence that touches on any
28 I
(2)
I
1
official action by the "United States Gpvernment, nor Agency; Corporation; Officer or
2
Employee Sued in an Official Capacity (~RCiv.P Rule 4(i)(I)(2), nor a United States
3
officer or employee sued in an individuall capacity for an act or omission occurring in connection with duties performed on the pnited States' behalf (whether or not the officer or I
4
employee is also sued in an official capaqity)" (FRCiv.P Rule 4(i)(3). Also whereas, by the
5
the DOJ website;
6 7
I
" Q. Can the Department of Justide provide legal assistance to private citizens? A. No. The Department of Justi~e is not authorized to provide legal assistance to I
private citizens or to represent them, exc,pt in instances where the Department of Justice
8
has determined it will provide representation to a person who has filed a complaint with the
9
Department of Labor ("DOL") under the pniformed Services Employment &
10
11 12
Reemployment Rights Act of 1994 and ~e complaint has been referred to us by DOL. ". I
(Copy hereto attached as exhibit B, threelpages.). MOOTNESS OF THE DOJ AP~EARANCEIN REPRESENTATION OF DEFENDANT BARACK OBAMA
13 14 15
Whereas, this case is brought bef~re this Honorable Court for an alleged action of
fraud, by sworn false statement ofmateri~ fact, perpetrated upon the Plaintiffby two
Defendants that just, as an exculpatory istue, happened to be sitting United States Senators,
16
does not make this an action against any,ofthe aforementioned (U.S. Government or its
17
agencies, corporations, officers or emplo~ees) for the purpose of service of process in this
18
19
action as stated above. Plaintiff asserts ~t a statement made within the body of a complaint does not change the character ~f the redress sought when no relief is sought in connection with that statement, and thereby does not change or alter the position in relation ,
20 21
22
to the Defendants. Whereby, for the preceding, there is no reason for the Plaintiff to serve any I
documents upon the counsel that now att¥mpts to enter into this action in violation of their own dictates as demonstrated by exhibit ~ (hereto attached). And with the preceding being
23
factual, this Honorable Court must disre~ard the attempt by unlawful representation to
24
thwart the law and FRCivP in presenting Ian after the fact objection to Plaintiffs proper
25 26
27
I
second request for the Clerk of this Honttable Court to enter a lawful and proper judgment pursuant to Rule 55 (a)(b)(l). This defa~tjudgment requires no further review. I
Furthermore, Plaintiff wishes to tquire as to why DOJ counsel for Defendant B.O. should not be sanctioned for their misreplesentation of the FRCiv.P to this Honorable
28
(3) I
1
Court at page 2, line 20 and page 3, ~e 1 and 2, of "President Barack Obama's
2
Opposition to Plaintiff's Second Motiop for Default Judgment" (hereafter as BO's 0
I
3 4 5
6
to Default) by deliberately omitting t~e rest of the quote which states as follows; "...for an act or omission occurring in conneJtion with duties performed on the United States behalf (whether or not the officer or employee is alsb sued in an official capacity), ". Plaintiff asserts
the rules are the whole rules, not just ~he part that opposing counsel likes or serves I
their purpose.
I
7
I
8
DOJ COUNSEL FOR DEFEND~NTBO IMPUES CASE ABSURD OR
9
FILED FOR PURlfSE OF HARASSMENT?
I
10
I
11
Plaintiff, now presents to this H:onorable Court substantial prima facia
12
evidence of the alleged sworn false statement of material fact executed upon exhibit
13
A which is hereto attached in order to Iclarify the real case or controversy which is
I
I
I
14 15
before this Honorable Court.
i I
1. Docket #4, paragraph IO-If statements by reference here, are now
presented as exhibit C (5 pages) and isl hereto attached along with a copy of email 16
17
I
communication (request, no use of su~pena) with Mr. Bill Thompson, owner of "eyeonbooks.com". These admissions
qy the Defendant BO, to a reasonable mind
18
would bring the conclusion that more ¥kely than not, which is the bar in a civil case
19
at law, that the Defendant has admitted dual citizenship. Plaintiff is in posession on
20
the audio version also if this Honorablf Court so requests.
I
I
21
2. Docket #4, paragraph 22 a1d 23 statements by reference here, are now
22
presented to show that Defendant BOI should have, or did and does know the
23
requirements of the United States Co~titution in respect to the sworn false
24 25
statement of material fact executed uPon exhibit A (hereto attached). Defendant BO's abbreviated resume, placed on t Ie internet for public consumption at, http://www.barackobama.com/about/.paid for by "Organizing for America" a
26
27 28
project of the DNC, is hereto attache as exhibit D, two pages. 3. Plaintiff attaches hereto, as xhibit E, 2 pages, a copy of Senate Resolution
(4)
i !
1
511, which is cosponsored by Defendart B.O., agreed upon and presented to the
2
citizenry of the United States on April 130, 2008. Plaintiff asserts that a reasonable
3
mind, asked to review same, would pr~perly come to the conclusion that Defendant
4
B.O.is in agreement with the concept ~hat to be a "natural born citizen" requires
5
Two (2) parents which are citizens of t~e United States and to be born in a sovereign territory of the United States (United $tates soil). This is not the condition of
6 7
8 9
10 11
I
Defendant B.O.'s birth by self admissi~n, which shall be further expanded in the I
following. In other words, it is more rntely, than not, that Defendant B.O. is not a "natural born citizen" as required on t,e ARS 16-242 filed with the Secretary of State of Arizona (see exhibit A hereto ~ttached) and conversely, more likely, than I
not, a dual national citizen at birth.
'
4. Docket #4, paragraph 47 by reference here, Plaintiff further presents the
sme~rs. com" article "The Truth About Barack's
12
download of the 4 page "fight the
13
Birth Certificate", hereto attached as 9xhibit F, 4 pages, which is odd in that there is
14
really no text on four pages that is dmi,nloadable except for the image of the "certificate of live birth" which has the authentication number blacked out ( a I
15
violation of law) and is clearly marked lin the border that, "Any alterations invalidate 16
17
,
this certificate" (making it moot), but J:>earing a statement about the 1948 British Nationality Act governing Defendant J3.0.'s citizenship that is superimposed over
18
the image of the document. A reasonaple mind would properly conclude from review
19
of this, that Defendant B.O. is, more J/kely than nor, a dual national citizen at birth,
20
and not a "natural born citizen" as reqWred on the ARS 16-242 as is filed with the
21
Secretary of State in Arizona, a
I
i
22 23
24 25
26 27 28
publicl~
obtainable document.
5. Docket #4, paragraphs 48 a~d 49 by reference here, Plaintiff further I
presents the download of the 3 page "~actCheck.Org",Annenberg Political Fact Check website article "Does Barack O(:>ama have Kenyan citizenship?", hereto attached as exhibit G, 3 pages. On pa~e 1 of this document near the bottom is the answer to that Title question, which is i "No. He held both U.S. and Kenyan atizenship as a child, but lost his Ken1n citizenship automatically on .his 21st birthday." Any reasonable mind would properly draw the conclusion from review of (5)
1
that answer, that Defendant was indefd a dual national citizen at birth, and most
2
likely, not more likely, a dual nationallcitizen at birth, and not a "natural born
3
citizen" as required on the ARS 16-24* on file with the Arizona Secretary of State's
4
office.
I
5
6 7 8 9
I
6. Plaintiff, by tefetence to doctet #25, page 10, line 25 through page 12, line 8, reasserts how people know what a natural born citizen is, it is not a dual national citizen as Defendant B.O. ha~ stated he is and allowed to be stated on his behalf and allowed political groups to ~y for the advancement of that self admission time and again. Plaintiff aSI'rts that the falsely sworn to statement of material fact on his filed ARS 16-242 long with Defendant's officially expressed
10
opinion in SR 511 (exhibit E), and De ndant's self admitted dual nationality, are at
11
irreconcilable opposition, therefore soJeone is not telling the truth. As for Plaintiff's
12
self, Plaintiff sides with the founders
13
of America.
14 15
16
I
or this great republic we call the United States
7. There has been no rebuke ofithese facts as to date from either Defendant I
B.O. or counsel, only the repeated stat~ment of his place of birth and never any attempts and successes to dismiss
case~ on standing and never on Merit, odd after !
some 30+ cases filed, to say the least. 17 18
19
I
I
11
PLAINTIFF SEEKS DEFAUL JUDGMENT AGAINST A PRIVATE I
PERSON ACTING ljJNDER COLOR OF LAW
20 21
Whereas, Plaintiff has provide1 this Honorable Court with an Arizona
22
Secretary of State, certified, legal copyl of the document which bears the alleged
23
sworn false statement of material fact~ and that document specifies the exact
24
moment in time of the alleged (doc. #4, paragraph 35) violation of Arizona law and
!
I
25 26
27 28
abridgment of Plaintiff's rights to be a~ 3:01pm on December 13, 2007. It is well I
established and indisputable, that at tliat moment in time, the Defendant in this case was a United States Senator, he p}eformed the act of sworn affirmation that he met all of the tequitements contained rthin the ARS 16-242, required by the State
(6)
1
2 3
statutes, for the placement of his namf onto the Arizona 2008 election ballots. That action, is in no way required by, nor limited to, United States officers, I
agencies, companies, et cetera directly Inor indirectly in an official capacity nor I
4 5
individual capacity duty on behalf of tliIe United States. That action is, however, as counsel for Defendant John S. McCain~ positioned identically so, in their alleged fraud, has concurred, a solely "private person" action. That action is however, in this
6 7
8
case, taken and executed under autho*ity derived from the Arizona statutes of 'fitle
16 (ARS) and as held by the Supreme tourt (by reference to page 2, lines 11-22 of I
this reply) are actions taken under the color of law as prescribed by 42 USC @ 1983, I
9 10
1985. That action, giving rise to a charge in employment classification at a future date, illegally, does not negate the ear~er action nor change the factual I
11
circumstances of that action, nor the niature of this instant case. I
12
13 14 15 16
17 18
DOES DEFENDANT B.O. MEAN EXACTLY WHAT HE SAYS? I I I
Defendant B.O., January 11, 2009; "Obviously we're going to be looking at I
past practices and I don't believe that tnybody is above the law." Also "That doesn't mean that if somebody has blatantly btoken the law, that doesn't mean they are I
above the law." Plaintiff asks what dods Defendant mean? Plaintiff inserts by reference he~e, docket #4, paragraph 56 through 64.
19
20
THE LEGAL CONUNDRfw OF "STANDING" AND
21
THE PERIfECT CRIME I
22
23 24
25
26 27 28
I,
It is apparent that if anyone, ei~her alone or by conspiracy, can manage to
perpetrate a fraud upon everyone, the4 the perpetrator{s) is {are) legally insulated from prosecution for that fraud in a citil action by "standing", by anyone of the I
victims; everyone that is victim of thatlfraud is harmed generally and their grievance I
is generally available to everyone (Ot gtnerally unavailable by the doctrine of
standing); because none of the victims Fan ever obtain "standing" due to a lack of
(7)
1
individualized and or particularized injUry caused by that fraud; if that fraud
2
violated the victims rights, then the dqctrine of standing can be used to violate the
3
victims rights completely.
!
4
CO~CLUSION
5
6 7
I I I I
Plaintiff has filed a proper com)j>laint for the legal action initiated against two private persons for the allegation of a fraud perpetrated, which Plaintiff alleges is I
8
the causal action of the resultant unla-{vful abridgment and deprivation of his
9
Constitutional and federally protected rights by two private persons acting under the
10
color of Arizona State statutes at Titl116 of the ARS.. Plaintiff has properly served
11
the court issued summons and all pert~nent documents to the Defendants named in
12
this action in accordance with the app~opriate rules of procedure and in a timely
13 14
15 16
17
I
fashion for each. Plaintiff has filed with the Clerk of this Honorable Court the required proof of service and certificat~s of service, respectively for same, as is I
reflected in the Court record for this ahion. Plaintiff asserts that pursuant
+
FRCiv.P Rule 8(e) "Pleadings must be
construed so as to do justice.", and Plartiff further asserts that "to do justice" in this instant case there can be no other way to construe this action than in the manor I !
18
consistent with that intended filing of fhe complaint which is described in the
19
foregoing.
20
Plaintiff asserts that opposing counsels' citation of a statement, taken out of
21
context, that is in fact, a statement ofl a hypothetical progressional fact, based on a
22
speculated finding, residing in the body of a responsive memorandum, hardly has the
!
!
23 24
effect of changing the requested reliefj1in this action nor the true nature of Plaintiff's proper pleading filed for action agains two private person Defendants acting under the color of law, authorized by Arizon statutes.
25
Plaintiff asserts that the untim~ly filing, by a prohibited counsel, for the
26
Defendant B.O. must not have any ef~ective action in this matter before this
27
Honorable Court and must be stricke~ from the record with the stipulation that
28
(8)
I I
1
any further filings in this case before t~s Honorable Court on behalf of Defendant
2
B.O. be made in propria persona or bylproperly obtained counsel.
3 4 5
The substantial prima facia eviqence of the alleged fraud (doc. #4, i
paragraph 31) presented in this reply ~nd attached exhibits, Plaintiff asserts, meets i
or exceeds the civil action bar of certafty for a finding of guilty on that allegation, and further, that finding provides for 1he impetuous finding of guilty for the
6 7
remaining allegations in the Plaintiff's lamended complaint. i
Whereby, requested here, nunc pro tunc, is Plaintiff's request of this I I
8
Honorable Court for the entrance of dpe. #26 (Plaintiff's 2nd request for default
9
judgment) pursuant to FRCiv.P Rule 55 (b)(l) as is consistent with the law.
,
10
Respectfully submitted to this
11
Honorable Court and
12
the Honorable Roslyn O. Silver
13
14
in propria persona
15
Clark Hamblin, Plaintiff 16
12406 N. 130th Lane
17
El Mirage, Arizona 85335
18
Phone: 623-972-5213
19
20
CERTIFICArrE OF SERVICE I
21
22 23 24
25 26
I, Clark Hamblin, Plaintiff, in ~ropria Persona, do certify that I have filed with the Honorable Court in this matt~r, the original and one copy of the attached documents by personally delivering safe to the Cerk of said Court on theglf-zrday of July, 2009. I further certify that I have personally mailed copies of the ~ afore mentioned documents, by 1st of July, 2009, mailed to:
cla~s mail through the V.S.P.S. on the;:
27
28 I
(9)
1
Barack Obama
2
1600 Pennsylvania Ave. N.W.
3
Washington, D.C. 20500 Defendant
4 5
Tony West, Ass. A.G. Civil Div. 6
Timothy P. Garren, Dir, Torts Branch
7
Mary Hampton Mason, Sen. Trial Counsel,
8
Torts Branch
9
Andrew D. Silverman, Trial Att., Torts
10
Branch, Civ.Div.
11
United States Department of Justice
12
P.O. Box 7146
13
Ben Franklin Station Washington, D.C. 20044
14 15
Steptoe and Johnson, lie 16
Notiff; David J. Bodney
17
Arron J. Lockwood
18
Collier Center
19
201 East Washington Street
20
Suit 1600 Phoenix, Arizona85004-2382
21
Attornrys for Defendant, John S.McMcCain
22 23
In Propria Persona
24
Date: 26
iff
/!if
25
thi~1 day ofJuly, 2009
27
28
EI Mirage, Arizona 85335 (10)
Phone: 623-972-5213
ATTACHMENTS Tq PLAINTIFF"S REPLY TO BARACK OB1MA'S OPPOSITION TO PLAINTIFF'S SECOND MOTION I
FOR DEFAUILT JUDGMENT
CV 09-00110-PHX-ROS before the Hono~able Roslyn O. Silver I
i
List and attachments (listed as exhibits A - G )
(CbVER)
LIST OF ATTACHME~S(AS EXHIBITS A - ) I
A: Defendat B.O.'s ARS 16-242
I
B: DO) Civil Rights Division website Itint out !
C: Bill Thompson's "eyeonbooks".com.
i
D: "barackobama.com/about/" websit~ printout E:SR-511
I
F: "fightthesmears.com/articles/5/birt~certifica te" website printout G:. FactCheck.org.Does Barack Obamt have Kenyan citizenship? website pnntout
(2)
ATTACHMENTS TO PLAINTIFF"S REPLY TO i
BARACK OBA[MA'S OPPOSITION I
TO PLAINTIFF'~ SECOND MOTION FOR DEFAmT JUDGMENT
I I
CV 09-00410-PHX-ROS I
before the Hono~able Roslyn O. Silver I
!
List and attaChment (listed as exhibits A - G)
(COVER) I
LIST OF ATTACHME:rrS (AS EXHIBITS A - ) i
A: Defendat B.O.'s ARS 16-242 B: DO) Civil Rights Division website
I
drint out I
C: Bill Thompson's "eyeonbooks".com.1 D: "barackobama.com/about/" websit1 printout E:SR-511
:
F: "fightthesmears.com/articles/5 /birt~certificate" website printout
G: FactCheck.org.Does Barack Obaml have Kenyan citizenship? website printout
(2)
ATIACHMENTS
T~ PLAINTIFF"S REP!.Y TO
BARACK OBAMA'S OPPOSITION I
TO PLAINTIFF1S SECOND MOTION FOR DEFAUlT JUDGMENT
CV 09-0041 O-PHX-ROS i
before the Honoiable Roslyn O. Silver I I ! ! !
I
List and attaChmenis (listed as exhibits A - G) I I
i
(CpYER)
I
LIST OF ATTACHMErfTS (AS EXHIBITS A - ) A: Defendat B.O.'s ARS 16-242 B: DO] Civil Rights Division website Print out C: Bill Thompson's "eyeonbooks".com.1 D: "barackobama.com/about/" websitJ printout I
E:SR-511
I
I
F: "fightthesmears.com/articles/5/birt~certificate" website printout G: FactCheck.org.Does Barack Obama have Kenyan citizenship? website printout
(2)
ATTACHMENTS T
TO PLAINTIFF!S SECOND MOTION FOR DEFAlfT JUDGMENT
CV 09-00110-PHX-ROS before the Honotable Roslyn o. Silver
I !
List and attachmen~s (listed as exhibits A - G )
liST OF ATTACHMENTS (AS EXHIBITS A - ) I I
A: Defendat B.O.'s ARS 16-242
I
B: DOJ Civil Rights Division website Jrint out I
C: Bill Thompson's "eyeonbooks".com.1 D: "barackobama.com/aboutl" websit~ printout E: SR- 511 F: "fightthesmears.com/articles/5/birt~certificate" website printout I
G: FactCheck.org.Does Barack Obamf have Kenyan citizenship? website printout
(2)
ATTACHMENTS TC!> PLAINTIFF"S REPLY TO BARACK OB4MA'S OPPOSITION I
TO PLAINTIFF1S SECOND MOTION I
FOR DEFAUl.T JUDGMENT
CV 09-0041 O-PHX-ROS
before the Honotable Roslyn O. Silver !
! !
List and attachmen~s (listed as exhibits A - G )
(CPVER)
I
i
LIST OF ATTACHMErrS (AS EXHIBITS A - ) i
A: Defendat RO.'s ARS 16-242 I
B: DOJ Civil Rights Division website print out C: Bill Thompson's "eyeonbooks".com.1 I
D: "barackobama.com/aboutl" websit~ printout E:SR-511
I
F: "fightthesmears.com/articles/5/birthcertificate" website printout i
G: FactCheck.org.Does Barack Obam~ have Kenyan citizenship? website printout
(2)
KEN BENNETT ,
SECRETAliy OF STATE
OF AbzONA
The foregoing document is a c~mplete, true and correct copy of the document filed witlh the Secretary of State.
Ken Bennett, Arizona Secretary of State I
BY_ _~_-"e._=--=:::"'-"----'\---I,.L-_------Date
tt· I 7 . {) 0;
State Capitol: 1700 W Was~ington Street, 7 Floor Phoenix, AZ 85007-2888 Telephone (602) 542-868~ Fax (602) 542-6172 th
!
I
RE 'EIVED SECRE
STATE OF +NA
RY OF STATE
2091 DE 13 PM 3; 0I
I I
PRESIDENTIAL PREFE~ENCE ELECTION CANDIDATE NOMIN~ION PAPER' (A,R.S. § 16- .2)
r
FOR OFFICE USE ONLY
I
You are hereby notified that I,
Barack dbama -----+1--------------
am seeking nomination as a candidate for the officf of President of the United States from the Democratic P~rtYI at the Presidential Preference Election to be held on the 5th day of February 2008.
St~tes, am at least thirty-five years of age, have been a resident wIthin the United States for at I~ast fourteen years. I am a natural born citizen of the United
I
5046 South Greenwood Avenue, Chicago,
IL
and
60615
Candidate's actual residence address or description ofpf-Of-r-eS-id-e-nC-e-(c-ity-o-r-to-w-n)----(Z-iP-)I
-::-O_b~am~a_f_o~r_A_m_e_r_i_c_a_,_2_J_J_N_o_r_t_h_M_i_Ch_,f+-g_a_n_>_A_v_e_n_u_e_,_1_1_t_h_F_l_o_o_r_,_Ch_ic_>a g g065 I
Candidate's Post Office Address
(city or town)
(zip)
Candidate's Arizona committee information: Chairman's Name
Don Bivens 2910 North Centr~l Avenue, Phoenix AZ 85012
Address
I
(number and street)
Telephone
602-298-4200
r'
RECEIVED
SECRETARY Of STATE
f£] I am
)
Dlamnot
)
~Iam
)
Dlamnot
a registered voter in the state in which I resi3001 DEC
13 PM 3= Gt
i
a member of the pOliti<11 party from which I am running as a candidate for the office
rf
President of the United States.
I
I do solemnly swear (or affirm) that all the infJmatiOn in this Nomination Paper is true, that as to these and all other qualifications, I am qualifie~ to hold the office that I seek, having fulfilled the United States constitutional requirements for holding said office. I further swear (or affirm) that I have fulfilled Arizona's statutory requirement for Plcl.!.cing my name on its ~reSi ntial Preference
1(:'----;.<-" ~ ~
Election ballot.
I
~ ,~]7----
I
CANDIDATE SIG ~TURE
I Subscnbed AND SWORN to (or affirmed) before me this I
30
~o\
day of
N
~ \/ (3-
(VI
B fR
20
i
I
Public My Co~mission Expires:
'3
'"3 ...... 1/ - 2. 0 f 0
(Seal)
I File with: Arizona Secretary of State Election Services Division 1700 West Washington Street, Phoenix. Arizona 85007
tt' Floor
Office Revision 812112007
7
l)
Page 1 of5
Civil Rights Division
Main Page Division Overview Section Sites
EnlDlovmE~nt Litigation
Section eOILlerltlV Asked Questions
FOIA Press Releases Frequently Asked Questions Special Topics Cases & Briefs Recruitment & Employment Contact Us
I Search Civil Rights I
(exhibit B) http://www.usdoj.gov/crtlemp/faq.php
7/22/2009
Civil Rights Division
Page 2 of5
I
A. Title VII of the Civil Rights Act Jf 1964, as amended, 42 U.S.C. §2000e, ~~., prohibits discrimination in employment on t~e basis of race, sex, national origin and religion. It also is unlawful under the Act for an employer to t$ke retaliatory action against any individual for opposing employment practices made unlawful by Title "111 or for filing a discrimination charge or for testifying or assisting or participating in an investigation, pr'pceeding, or hearing under Title VII.
a. Who is responsible for enforting Title VII of the Civil Rights Act of 1964?
L,'"·'-" . ,·.'),... ·I.·,,,.. I
A. The,c,' 1,s;g11(EEOC) enforces Title VII against private employers and the Employment litigation Seftion, Civil Rights Division, U.S. Department of Justice enfonces Title VII against state and local government employers. However, individuals who believe that they have been victims by any employer of disCri~ination prohibited by Title VII must file a charge of diScrimination with the EEOC in order to protect their rights. The EEOC is responsible for investigating individual charges of discrimination alleging a violation tf Title VII. I !
a. What is Title I of the Americars with Disabilities Act? !
A. Title I of the Americans with Di~abilities Act of 1990 (the "ADA"), as amended, 42 U.S.C. §12111, ~ ~., prohibits discrimination in el1)ployment against a qualified individual with a disability because of the disability. It also is unlawful under ~he Act for an employer to take retaliatory action against any individual for opposing employment practice\; made unlawful by the ADA or for filing a discrimination charge or for testifying or assisting or participatipg in an investigation, proceeding, or hearing under the ADA. Title I of the ADA designates the VL. as Ithe federal agency PrimarilY. re .., .s.ponsible for investi g.atin,g in.diV,,idua,l charges of discrimination under th19 Act. If you believe that you have been discriminated against in employment in violation of the ADof', you should contact the t()L. The f~.I1J'·r.ca;1;·.VJ'tt:LQ:.?9r)'LIIE!§!'Cl Home Page contains useful inforlation about the entire ADA, as does the following number: 1-800-5140301; 1-800-514-0383 (TOO).
c:
I
a.Who is responsible for enfor4ing Title I of the Americans with Disabilities Act? A. T h e ' ! .' .' '0 (EEOC) enfonces Title I of the ADA against private employers andr" r ".... ..... , .. I .. .. ,Civil Rights Division, U.S. Department of Justice enforces Title I of the ADA against state anlJlocal government employers. Title I of the ADA designates theiCE.Qt< as the federal agency primarily re~ponsible for investigating individual charges of discrimination under the Act. If you believe that you have been discriminated against in employment by any employer in violation of the ADA, you should contact th+ • • •. The,'F,c,,, ,.• ,t' Li.·c<,i·t!Crj\c;j Home Page contains useful infonnation about the entirEj ADA, as does the following number: 1-800-514-0301; 1-800-514-0383 (TOO) ..
Q. What can an individual do if l/he believes that s1he has been discriminated against in employment in violation of TitleTvlI?
t~e
A. That individual should contact ....•. ' " L • • • • • ", C)lkC,,,,itY(>",O",,s§,gn (EEOC) to find out whether slhe may file a charge. Congress has designated the EE')C; as the federal agency responsible for investigating individual chargei of discrimination under Title VII. Individuals who are federal employees, or applicants for emplbyment with a federal agency, must file a charge with the equal opportunity office of the federal ag~ncy.
Q. What is the relationship b e . n the f;:f;qc and the U.S. Department of Justice?
A. If the! f:iY" after investigating Ia charge of employment discrimination filed against a state or local government employer under Title YII, or the Americans with Disabilities Act detennines that there is reasonable cause to believe a violation of the law has occurred and conciliation efforts are unsuccessful, the LEY. will then refer the char~e to the Department of Justice. The Department of Justice will either initiate litigation on the charge or i$sue a notice of right to sue to the charging party, which entitles the charging party to file his or her owr lawsuit in court. I
Q. Is there a time limit inVOlvedtth respect to filing a charge of discrimination with the under Title VII?
~~.Qs;;,
A. Yes. Title VII imposes time limi s for the filing of charges of discrimination. The '=1;(:'(( can provide you with further information on this sutjject In most instances, a charge must be filed within 300 days of the act of discrimination. In some stat$s the charge must be filed within 180 days of the act of discrimination. I
Q. If I have filed a charge withje J;.fQC: and want a notice of right to sue, which agency will issue it to me?
A. The Employment litigation S ion, through its right to sue unit, issues notices of right to sue requested by charging parties, up¢n receipt of appropriate documentation from the fE;.Q<:;, on charges that have been filed with the L,ot against state and local government employers under Title VII and the Americans with Disabilities Act, eJkept in those instances in which the Lf:[eJ\; has dismissed th~ If the charge has been filed again1t a private employer or a union, only the tIQG has authority\
l:i1\Ill"b"tI
!
http://www.usdoj.gov/crtJemp/faq.php
7/22/2009
B)
Civil Rights Division
Page 3 of5
notice of right to sue. Also, only thJ [fe), has authority to issue a notice of right to sue under the Age Discrimination in Employment Act ff 1967, regardless of whether the respondent named in the charge is a state or local government emplo~er or a private employer or a union. If you have filed a charge under Title VII or the Americans with Dis~bilities Act against a state or local government employer and want a notice of right to sue, you may make your request in writing either to the office of the £:[Q(; where filed the charge or to the EmPloym~ litigation Section. Also see, I
.
Q.I do not believe that the EEOCI' properly investigated my charge of discrimination, can the Department of Justice help me?, I
ls
A. No. The Department of Justice without authority to review the manner in which the EEOC conducts its investigations or to intervene bE1fore the EEOC on behalf of an individual. If you believe that the EEOC did not properly investigate your cryarge, you may wish to contact: I
Director, Office of Field Maragement Programs Commission Equal Employment Opportilinity , 1801 L Street, NW Room $023
Washington, D.C. 20507
Q. How can an individual who wlmts to file a private suit retain an attorney to represent himself or herself? I
A, The local
,i ')C
office and the 40urts often maintain lists of attorneys who handle cases involving
emPIOym~::::~~n~:~;·a~~~~ :~r:S:~t~:i;ing names of attorneys is the L8viLelLQ.ffJ[Cil! I
Q. Can the Department of Justic~ assist an individual who alleges that s/he has been improperly
represented by a private attorner? A. No. Individuals who believe tha1 they have been improperly represented by a private attorney may want to bring their concerns to the jattention of the','c"c ·,tcc' in their area.
Q. What if an individual would Ii~e to file a private lawsuit but cannot afford to pay for one?
A. That individual may want to con~act a any assistance. i
to find out whether that agency can be of
I
Q. I disagree with the way the c~urt handled my case; can the Department of Justice help me?
A. No. The courts are part of the iJdicial branch of the federal government and they are separate from the executive branch of which the pepartment of Justice is a part. We do not have authority to review the decision making process of the feqeral courts or to intervene before them on behalf of an individual.
Q. Can the Department of JUsti! assist an individual with a discrimination complaint that the
individual may have against a f deral employer? A. No. Congress has not given th Department of Justice authority to pursue charges of employment discrimination against departmentior agencies of the federal government The procedure for filing a charge of employment discriminati n against a department or agency ofthe federal government is to contact an equal employment opp rtunity officer at that agency who is authorized to receive and investigate such a charge. The pe sonnel office at the agency in question can provide you with further information about filing a charge 0 employment discrimination. !
Q. Who is responsible for handling employment discrimination complaints related to an individual's immigration or citiz nship? status?
h'bit eXI
~. Th'."io~)':;t;:,:;:,=~ ,;:; ,o"";';:;;L,,;"'; ~ ';~~'~i":;':;;: ;;;i~i;;~;~;~'~F Cltlzenship or Immigration status a I d, in certam Situations, natlonal ongm. The OSC also investi\
http://www.usdoj.gov/crt/emp/faq.php
7/22/2009
B)
Page 1 of1
2a!!'-From: To: Sent: Subject:
-+-
_
"Bill Thompson's Eye on Books" <eyeOnbooks;:LmaiI.COm> "Clark Hamblin" <[email protected]> ~ Wednesday, April 01,20094:34 PM I Re: document request
Mr. Hamblin,
I
i
If you have a copy of the transcript from my website,~.lI\\_::\,~jC(\1}b().!)i<5.C(1.\11(as you obviously do), and if you have downloaded a copy ofthe audio mterview, which I also assume you did, I then you have everything I have. I
I had no contact with Mr. Obama before the day of the ~terview, and have had none with him since that day. There was no paperwork associated wi~ the interview (correspondence, releases, etc). It was arranged through phone calls with the pub$city department of his publisher. Hope that helps you. Bill Thompson
On Wed, Apr 1, 2009 at 6:30 PM, Clark Hamblin <""\J~lar(jh_(!.\":,~\\.'_iD.s.L\L~~(X,~:L1Cl>wrote: Dear Mr. Thompson, I have a Fedemllaw suit filed iIn the District Court for the District of Arizona, in which Barack Obama is a Defendant. I ain asking you this first to avoid a subpoena, and hope you will comply with my reque~ for certified copies of any and all papers, documents, registrations, releases, and, or correspon41ence in connection with the authorized publication oftranscripts or audios of the interview JOu had with Mr. Obama on 8/9/1995. This is to be filed with the Court as evidence in caseino. CV 09-00410-PHX-ROS. Let me thank you in advance for your cooperation in this m~tter. Please email me with a response and any requirements you have of me to fulfIll this reque~t. Respectfully. Clark Hamblin, Pro Se litigant .
(exhibit C) 7/22/2009
Page 1 of2
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(exhibit C)
I
http://www.google.com/search?q=eyeonbooks&rls=p.qom.microsoft:en-us:IE-SearchBox... I
4/26/2009
Eye on Books
Page 1 of 2
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but his parents h fie was just u, two years old. Obama ~ said his father . was little more than a myttI to him, at the time of the efder Obama'~ death in 1982. Just before he went off t~11aw school, :;:;O:::;~""""'1 Obama traveled to Kenyalto Ieam more about his father, and to trV and put perspective on his mixed-face heritage. f),.... ,
--------
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result was his book "preams From My Father," first published in ~995. Thafs when Eye on Books talked with him. .
.
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Dreams nom My F@'~J
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-(exhibit C) 4/26/2009
An autnorized.traMaipl: of an Eye on Books author interview.
© 2008 Eye on Books All rights reserved. You may Quote from, or reproduce, this transcript as long as you credit EYE ON BOOKS.
Barack Obama "Dreams From My Father" Interview
reco1ed 8J9I1995
Ke..,_,....... I
........
Baraek Obema_ borA.a _~ 1n1. .J!but his parents divorced when he was just two years old.1 Obama has said his father was little more than a myth to him, at the time of the elder Obama's death in 1982. Just before he went off to law school, Obama traveled to Kenya to Ileam more about his father, and to try and put perspective on his mixed-race heritage. T~e result was his book "Dreams From My Father," first published in 1995. That's when Ere on Books talked with him: EYE ON BOOKS: Why did you write this
bookr
BARACK OBAMA: My father is a blaekAfri::an.
~ a blackAfl'ican. My mather is awhileAl'nelt-
can. He came to the States to study, right after [th~] independence of Kenya, and was part of that
first wave of Africans to travel to the west in searc~ of knowledge to bring back to post-independence Africa. My mother came from small towns i~ Kansas (my grandfather on my mother's side was a traveling salesman for a long time). And so!they came from very different backgrounds.
They came together during the civil rights movem~nt - although they weren't active, I think they were swept up in the spirit of integrationist Americit and the dream of Dr. King, and the optimism and the idealism of the Kennedys - and ended u~ separating shortly thereafter. So the book is really me trying to understand what their lives we~ about, and thereby understand what my life is about. ! I
EOB: This is not the kind of book you
Originall~ set out to write, though?
Obama~,No. I originally got the idea of writing a bqok while I was at Harvard Law School, where I served as president of the Law Review. In listeni~g to a number of the debates going back and forth about affirmative action and voting rights an~ all the controversies surrounding race issues in the country, I thought that I might be able to ins,rt myself into the debate and hopefully clarify
~
I
What I realized, though, was !hat the starling point for any insights I might have really had 10 do with the story of my own family, and coming to terry,s with that multi-cultural heritage. lie first book, at least, that I needed to write was a book that came to terms with that divided heritage.
teo
(exhibit C)
Barack pbama "Dreams From My Father" I
Eye on Books interview transcript Page 2
EOB: Is it then an oversimplification to say you had to get your own house in order, in your mind, before you could work on the coun~ry's? ,
Obama: Well, I certainly think that you have to k~ow where you've been if you want to know where you're going. For someone who comes out ~f a family and a background that's both black and white, that's an especially important process ~hat one has to go through. I
We live in a land of strangers. Blacks and whites I don't know each other, they don't know their stories very well. Within my own family, even in the best-meaning family, there's a tremendous scope for misunderstanding, for suspicion, for fe~r. Until I understood what those fears were, what those hopes were, and what those dreams ~ere, I think I was destined to - potentially, at least - repeat some of the mistakes that my paren~s and grandparents had made. I
EOB: All of that, thirty years after Dr. King and the civil rights movement This seems almost incredible to me, at times, to think that iri thirty years, this is all the progress we've been able to make? Obama: Well, you know, it is frustrating, I think. i I talk a lot in the book about my attempts to renew the dream that both of my parents had. I Worked as a community organizer in Chicago, [and] was very active in low-income neighborho~s working on issues of crime and education and employment, and seeing that in some ways ~rtain portions of the African-American community are doing as bad, if not worse, and recog~izing that my fate remained tied up with their fates. That my individual salvation is not going to I come about without a collective salvation for the country. Unfortunately, I think that recognition requires tha. we make sacrifices, and this country has not always been willing to make the sacrifices necess~ry to bring about a new day and a new age. I
EOB: Would this book properly be called an aitobiOgraPhY, though? Obama: Well, you know, I have not been complet~ly comfortable with calling it an autobiography. I get the image, when I talk about autobiographies, of famous generals writing about their war exploits, or movie stars talking about their lov~ interests. Obviously, at the age of thirtythree, when I finished writing it - I just turned thirtY-four - my experiences are only part of my life, and I haven't achieved any closure yet, hopefi,ally. What I would describe it as is more of a family history. I think it's an oral history, a narrativ~ of a family trying to understand itself, and me as an African and an American tryiAg to ~nd my place in a divided society~
(exhibit C)
Barack Obama and Joe Biden: The Change We Need I Meet the Candidate
Get Local! Create Your MyBO Account (or Login)
Page 1 of2
Ema;IAdd,...
BARACKTV
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•
MORE VIDEOS
MEET IheCANDIDATE
Meet Barack EARLY YEARS Barack Obama was born in Hawaii on August 4th, 1961. His father, Barack Obama Sr., was born and raised in a small village in Kenya, where he grew up herding goals with his own father, who was a
MEET
domestic servant to the British. Barack's mother, Ann Dunham, grew up in smalI-town Kansas. Her
~ARACK
Signs of Hope & Change: Election Nlght
MORE otl BARACK
father worked on oil rigs during the Depression, and then signed up for World War II after Peart Harbor, where he marched across
Europe in Patton's aony. Her mother went to work on a bomber assembly line, and after the war, they studied on the G.!. Bill, bought
o obam~ Speeches I
o In the flIews
a house through the Federal Housing Program, and moved west to
I
~~
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It was there, at the University of Hawaii, where Baraek's parents met. His mother was a
s~udent there, and
his father had won a scholarship that allowed him to leave Kenya and pursue his dreams In America. Barack's father eventually returned to Kenya, and Baraek grew up with his mother in
H~i,
and for a few
years in Indonesia. Later, he moved to New York, where he graduated from Columbia university in 1983.
THE COLLEGE YEARS Remembering the values of empathy and service that his mother taught him, Sarack put
I~ school and
corporate life on hotd aftercotlege and moved to Chicago in 1985, where he became a co,mmunily organizer with a church-based group seeking to improve living conditions in poor neighbo\noods plagued with crime and high unemployment.
I
I
The group had some success, but Berack had corne to realize that in order to truly imprOrthe lives of people in that community and other communities, it would take not just a change at the I I level, but a change in our laws and in our politics. He went on to eam his law degree from Harvard in 1991, where he became the first Afri9n-American
president of the Harvard Law Review. Soon after, he returned to Chicago to practice as a Icivil rights lawyer and teach constitutional law. Finally, his advocacy work led him to run for the illinois
state Senate, where
TEXT HOPE TO 62262
he served for eight years. In 2004, he became the third African American since Reconstruction to be elected to the U.S. Senate.
POLIT1CAL CAREER I
It has been the rich and varied experiences of Barack Obama's life - growing up in d~ places with people who had differing ideas - that haw animated his political journey. Amid the Partis~iP and bickering of today's public debate, he still believes in the abHity to unite people around a ·tics of purpose - a politics that puts solving the challenges of everyday Americans ahead of partisan
Iation and
political gain.
I I
In the IHinois Stale Senate, this meant working with both Democrats and Republicans t o : t working families get ahead by creating programs like the state Earned Income T8J( Credit, which
'-r three years
(exhibit D) http://www.barackobama.com/about/
2/9/2009
,
Page 2 of2
Barack Obama and Joe Biden: The Change We Need I.Meet the Candidate I
provided over $100 million in tax cuts to families lIa"OSS the state. He also pushed throug~ an expansion of eaI1y childhood education, and after a number of inmates on death
row were found innoclmt, Senator
Obama wor1<ed wiIIllaw enforcement officials to require the videotaping of interrogations land confessions in all capital cases. In the U.S. Senate, he has focused on tackling the challenges of a globalized, 21 st centuty world wiIIl fresh thinking and a politics that no longer selt1es for the lowest common denominator. His firstllaw was passed
wiIIl Republican Tom Cobum, a measure to rebuild trust in government by allowing evel}\ American to go online and see how and where every dime of their tax dollars is spent. He has also been~e lead voice in championing ethics reform that would root out Jack Abramoff-style corruption in Congres . As a member of the Veterans' Affairs Committee, Senator Obama has fought to help lIIin is veterans get the disability pay they were promised, while wor1
thousands of
P~Sed by weapons
of mass destruction, he traveled to Russia with Republican Dick Lugar to begin a new geheration of nonproliferation efforts designed to find and secure deadly weapons around the world. And krowing the threat
we face to our economy and our security from America's addiction to oil, he's wor1
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(exhibit D) http://www.barackobama.comlaboutl
2/912009
AUTHENTICATED~
u.s. GOVERNMENT INFORMATION
GPO
III
llOTH CONGRESS 2D SESSION
~
S• RFSl 5.11.
that John Sidney
McC,J, ill,
is a natural born citizen.
I
,
IN THE SENATE OF TIJrE UNITED STATES .A:PmL 10, FOO8 Mrs. MCCASKILL (for herself, Mr. LEAffi, Mr.
OBA.~ Mr. COBURN, Mrs. CLINTON, and Mr. WEBB) sUbmitte~ the following resolution; which was referred to the Committee on the Judiciary !
.A:PmL 24, ~008 Reported by Mr. LEAHY, !without amendment I
.A:PmL 30, ~OO8 Considered and I agreed to
----------
RESOLUTION !
Recognizing that John Sidney McCain, III, is a natural I
born citifen. Whereas the Constitution of the IUnited States requires that, to be eligible for the Office of the President, a person I
must be a "natural born Citizen" of the United States; Whereas the term "natural borJ Citizen", as that term appears in Article II, Section ~, is not defined in the ConI
stitution of the United State+ Whereas there is no evidence Ofne intention of the Framers or any Congress to limit the constitutional rights of children born to Americans se .ng in the military nor to
(exhibit E)
2
prevent those children
fr01
serving as their country's
I
President;
Whereas such limitations would Fe inconsistent with the purpose and intent of the "natpral born Citizen" clause of the Constitution of the U n~ted States, as evidenced by ,
the First· Congress's own st*ute defining the term "natural born Citizen"; I I
eit~ens
Whereas the well-being of all of the United States is preserved and enhanced by ~he men and women who are assigned to serve our country. outside of our national borI
ders;
I
Whereas previous presidential c~ndidates were born outside of the United States of America and were understood to I
be eligible to be President; a*d I
Whereas John Sidney McCain, III, was hom to AmerieaD citizens on an American mpitary base in the Panama Canal Zone in 1936: Now, t~erefore, be it I
1
Resol,md, That John Si1ncy McCain, III, is a "nat-
2 ural born Citizen" under Article II, Section 1, of the Con3 stitution of the United Statesl
o
SRES 511 ATS
(exhibit E)
Fight the Smears: The Truth About Baraek's Birth
C1ficate
Page 1 of4
I
'What you won't hear from this campaign or this party is the kind of politics that uses religion as a wedge. and patriotism as a bludgeo~l - that sees our opponents not as competitors to challenge, but enemies to demonize."
- Barack Obama, .June 3, 2008
(exhibit F) http://www.fightthesmears.comlarticles/Slbirthcertificafe
2/9/2009
Fight the Smears: The Truth About Barack's Birth Ce~ficate
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SHARE THE FACTS Copy the text below and paste ~ into your email. HllMllYO""l
1<,
People_are _ t o
'I>'.
=';.,~='=""nm:'" ..inIo.-.... ls ••:,'~,:, ~
"
not an American-.
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born inllle _
a"- _
or_in 1961,
oflbe lJniIod _of_.
•
COpy' CL'PBOARD
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lELL A FRIEND Inv~e your friends to spread the truth about Barack. You can even import your contacts to make ~ easier. Don't worry-
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(exhibit F) http://www.fightthesmears.comlarticles/5Ibirthcertificare
2/912009
.- Fight the Smears: The Truth About Barack's Birth Certificate
Page 3 of4
Your Last Name
Your Message FriendBInlck Obama was bam in \he _ of_ali in 1961, a naIiIIe _of\he~_of
America.
_,ha1lea _ _
sm-sclalmlng BInlckObama """" really _
a pieCa of
~;..~-= It
Read this Article
I 'Ihe truth: Sen. Barack Obarna, born in Hawaii, is a Christijan family man with a track record of public service. ~
FactCheck.org CIarilies _ ' s Citizenship
(exhibit F) http://www.fightthesmears.comlarticles/Slbirthcertific1e
2/9/2009
Fight the Smears: The Truth About Barack's Birth Certlificate
Page 4 of4
(exhibit F) http://www.fightthesmears.comlarticles/Slbirthcertific8fe
2/9/2009
Page 1 of3
FactCheck.org: Does Barack Obama have Kenyan citizenship? I
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to a friend
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August 29, 2008 Just the Factsl Home
Q:
Does Barack Obama
I
ha~
FactCheck Home
The Rocky Mountain Nef.s has reported (below) that Barack Obama "Holds both American anr Kenyan (since 1963) citizenship." Is this true?
FactCheck Archive Ask FactCheck Home Ask FactCheck Archive
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Kenyan citizenship?
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The Rocky Moun(ain News
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August 6, 2008
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Entered Harvard law School in 1988, was elected the first African-American editor of the Harvard Law Review. lie graduated magna cum laude in 1991.
m
.
Won two Grammys for Best $poken Word Albums for an autobiography in 1995 "Dreams From My Father: AIStory of Race and Inheritance" and his second book, "The Audacity of Hope: Thot!ghts on Reclaiming the American Dream," published in
L3
FactCheck . . Mobile Subscribe I Unsubscribe Change Address
OCtober 2006.
I
Mother Ann Dunham died of iovarian cancer in 1995. Father Barael< Obama Sr. was killed in a car wreck in 1982.
1
Ikeyword search...
Spent four years in his at
er's native country of Indonesia.
Is the fifth African-American
~ator in U.S. history
Is the first presidential candi~ate to come from Hawaii. Favorite movies: "The Godfalner" (Parts I and II) and "Lawrence of Arabia." In his early years he was
kn~ as Barry. I
According to his memoirs, h~ admitted using alcohol, marijuana and cocaine in his youth. I!
His first name comes from
ttJb word that means "blessed by God' in Arabic. I
At his wife's suggestion, he quit smoking before his campaign to win the Democratic nomination began.
I !
Holds both American and Named one of Time
2005 and 2007.
~yan (since 1963) citizenship.
magazi~'S "100 most influential people in the world'iist in I
Chosen as one of "10 peopl~ would change the world' by New Statesman magazine
(2005).
Source: biography.com , Intetnet Movie Database, Atlanta Joumal Constitution
A:
I
No, He held both U.S" and Kenyan citizenship as a Child, but lost his Kenyan citizenship automatically n his 21st birthday.
The Rocky Mountain Ne s did in fact run an online article asserting that Barack Obama holds bot American and Kenyan citizenship. The article was incorrect, and the pa er removed the item from the article and ran a correction. The paper's . itor, John Temple, formally apologized for the I I
http://www.factcheck.orglaskfactcheck/does_barack_otiama_have_kenyan_citizenship.html
1/26/2009
(exhibit G)
FactCheck.org: Does Barack Obama have Kenyan citi~enship?
Page 2 of 3
I,
colu~n
error in an Aug. 15, 200 column. Neither the correction nor the apology has prevented the from circulating across the Internet as part of the latest set of basele~ rumors that Obama is ineligible to run for president. . There was a grain of truth to what the Rocky Mountain News reported, though understanding w~y requires a brief history lesson. When Barack Obama Jr.1 was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, stillIpart of the United Kingdom's dwindling empire. As a Kenyan native, Bar~ck Obama Sr. was a British subject whose citizenship status was gqvemed by The British Nationality Act of 1948. That same act governed Ithe status of Obama Sr.'s children: British Nationality ~t of 1948 (part n, Section 5): Subject to the provisions of this section, a person born after the commencement of this Act shall be a citi:ten of the United Kingdom and Colonies by descent ifhis father is la citizen of the United Kingdom and Colonies at the time of the b 4
In other words, at the ti~e of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom and Colonies (~r the UKC) by virtue of being born to a father who was a citizen of the ~KC. Obama's British citizenstlip was short-lived. On Dec. 12, 1963, Kenya formally gained its inde~ndence from the United Kingdom. Chapter VI, Section 87 of the Kenyary Constitution specifies that: 1. Every person who,1 having been born in Kenya, is on 11th December, 1963 a ci''zen ofthe United Kingdom and Colonies or a British protected pe on shall become a citizen of Kenya on 12th December, 1963... I I
2. Every person who,l.having been born outside Kenya, is on 11th December, 1963 a cit(izen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have beco~e, a citizen of Kenya by virtue of subsection (1), become acitizenlofKenya on 12th December, 1963. ,
As a citizen of the UKC ~ho was born in Kenya, Obama's father automatically received Klnyan citizenship via subsection (1). So given that Obama qualified for itizen of the UKC status at birth and given that Obama's father became Kenyan citizen via subsection (1), it follows that Obama did in fact h ve Kenyan citizenship after 1963. So The Rocky Mountain News was at least partially correct. I
But the paper failed to note that the Kenyan Constitution prohibits dual citizenship for adults. Ke~ya recognizes dual citizenship for children, but Kenya's Constitution spe~ifies that at age 21, Kenyan citizens who possesses citizenship in ~ore than one country automatically lose their Kenyan citizenship unless they formally renounce any non-Kenyan citizenship and swear an loath of allegiance to Kenya. Since Sen. Obama has Tither renounced his U.S. citizenship nor sworn an oath of allegiance to enya, his Kenyan citizenship automatically expired on Aug. 4,1982. I
~:~.~~~~e~~~~~~ili~.~l In~OOO I
(exhibit G)
r •
FactCheck.org: Does Barack Obama have Kenyan cititenship?
Page 3 of3
- Joe Miller
Sources Rocky Mountain News Staff. i'Things You Might Not Know About Barack Obama." 6 August 2007. The Rocky Mountain News. 24 August 2008. Temple, John. "8-word Gaffe: Ripples Across Web." 15 August 2007. The Rocky Mountain News. 24 Aug$st 2008. I
I
The British Nationality Actj 1948. 1948. 24 August 2008. :
"The Constitution of Kenya.t 1963 (revised, 2001). The Parliament of Kenya. 24 August 2008. I Copyright C 2003 - 2009, Annenberg PIlbIic PoIicy,Cenler ofllle University of Pennsylvania FacICheck.Ofg's _ , not Ille Annenberg celller, is reaponslble for this material.
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1/26/2009
(exhibit G)
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