Quo Warranto

Dr. Orly Taitz, Attorney-at-Law

29839 Santa Margarita Parkway

Rancho Santa Margarita CA 92688

Tel: (949) 683-5411; Fax (949) 766-3078

California State Bar No.: 223433

E-Mail: dr_taitz@yahoo.com

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

Captain Pamela Barnett, et al., §

Plaintiffs, §

§

v. § Civil Action:
§

Barack Hussein Obama, § SACV09-00082-DOC-AN

Michelle L.R. Obama, § REPLY TO OPPOSITION TO

Hillary Rodham Clinton, Secretary of State, § MOTION TO TRANSFER;

Robert M. Gates, Secretary of Defense, § MOTION FOR LEAVE OF

Joseph R. Biden, Vice-President and § COURT TO FILE QUO

President of the Senate, § WARRANTO

Defendants.

Here come the plaintiffs in this case (aside from Wiley Drake and Markham Robinson represented by Gary Kreep ) and concur with the brilliant suggestion by the Department of Justice and move the court to grant the Leave of Court to file Quo Warranto challenging constitutionality of position of Mr. Barack Hussein Obama as the president of the United States under Article II, section 1 of the Constitution of the United States for following reasons.



(1.) The case at hand has not been heard on the merits, no discovery has been granted and the court simply granted the defendants’ pretrial motion to dismiss for want of Jurisdiction, when the defendants argued that the proper jurisdiction is Washington DC. In their opposition the defendants do not deny making such an argument.

(2.) The defendants twist the truth in their opposition claiming that the court didn’t find the jurisdiction in the District of Columbia. On page 26 of the order 89 the court states: “[T]he writ of quo warranto must be brought within the District of Columbia because President Obama holds office within that district. The quo warranto provision codified in the District of Columbia Code provides, “A Quo warranto may be issued from the United States District of Columbia in the name of the United States against a person who within the District of Columbia usurps, intrudes into, or unlawfully holds or exercises, a franchise conferred by the United States, civil and military”. D.C. Code §§16-35-1-3503. The court h! as denied the plaintiffs request to apply the District of Columbia quo warranto statute pursuant to California choice of law provisions. The court went even further by stating that “[W]hile the Court can apply the law of the other jurisdiction where appropriate, it is precluded from robbing the D.C. court of jurisdiction as to any quo warranto writ against President Obama because the D.C. Code grants exclusive jurisdiction to the District of Columbia. Plaintiff’s quo warranto demand is hereby dismissed for improper venue”. The court dismissed plaintiffs quo warranto due to improper venue, not on the merits of the case. At this time the plaintiffs have 3 options: A. App! ealing in the Ninth Circuit Court of Appeals, as the DC statute quoted by the court itself does not state that the venue is exclusive and other district courts cannot apply this statute anywhere else in this country from Anchorage, Alaska to Tucson, Arizona, however an appeal might take a year and a half to get to trial, which means a year and a half of further usurpation of US presidency. B. The plaintiffs can file a new case in DC, however judging by stonewalling techniques of the Department of Justice, there will be another year of pretrial motions, which means another year of usurpation of US presidency. C. Motion for leave of court to file quo warranto to be granted by this court or to be transferred by this court directly to the Chief Judge of the US District of Columbia Royce Lamberth who currently has under submission a related case and to include by reference all the pleadings in the current case of B! arnett et al v Obama et al. This will serve the interest of justice, it will clear the jurisdiction hurdle and will give both parties an opportunity to proceed with discovery and trial on the merits of the case. As this court very eloquently stated during the July 13 hearing, that the case should not be decided on technicality but on the merits. It is important for the country and the military.



The plaintiffs have filed both with the Attorney General Eric Holder and the US Attorney Jeffrey A. Taylor and his successor Channing Phillips a request for Quo Warranto in March and April of 2009 respectively. Undersigned has already provided the Court with copies of the Certified Mail receipts, showing that those were received. Hundreds of concerned citizens have called the Department of justice demanding a response to Quo Warranto submission. No response was received for ten months. Letters, e-mails, faxes went unanswered. Employees of the justice department were slamming phones in the face of the citizens calling and urging a response, even when those calls came from high ranking officers of US military. The undersigned does not know what was the reason for this t! otal dereliction of duties by Attorney General Holder and DC US attorneys Taylor and Phillips: was it A Laziness? B Lack of guts and spine? C Corruption? Regardless of the reason department of Justice cannot use their own inaction as justification in denying the plaintiffs ex-relators status in filing Quo Warranto. They cannot eat the cake and have it whole. This game of hide and seek by the Attorney General Holder and US attorneys played with the plaintiffs and their counselor is infantile at best and treasonous at worst, as National Security is on the line. Recent near tragedy of NorthWest 253, slaughter of CIA agents and tragedy at Fort Hood are only a few reminders of how dangerous it is to have a Big Question Mark with numerous stolen and fraudulent social security numbers sitting in the position of the President and Commander in Chief.



PRAYER FOR RELIEF

WHEREFORE, the undersigned counsel respectfully requests this Honorable Court to grant Leave of Court to file Quo Warranto as ex-relators in the name of the United States of America against Barack Hussein Obama, President of the United States and to transfer this leave of court or transfer the request for leave of court with the rest of the file as an attachment to the US District court for the District of Columbia to be assigned to Honorable Judge Royce Lamberth, chief judge for the US District Court of the District of Columbia, who currently presides over a related case.

Writ of Quo Warranto



QUESTIONS PRESENTED



I. What is Respondent Obama’s standard and burden of proof of his birthplace under Quo Warranto and ethical duties? - Considering Obama’s first cousin Raela Odinga, Prime Minister of Kenya, sealed alleged records of Obama’s birth in Mombasa; while the State of Hawaii holds Obama’s “original” sealed birth records, allows registration of births out of State, allows registration based on a statement of one relative only without any corroborating evidence and seals original birth records.



II. Does the State of Hawaii’s withholding Respondent’s Obama’s original birth records by privacy laws breach the U.S. Const. by obstructing constitutional rights duties of the People to vote, and State and Federal election officers to challenge, validate & evaluate qualifications of presidential candidates based on legally acceptable and not fraudulent records and the President Elect., per U.S. Const. art. II § 1, art. VI, & amend. XX § 3?



III. Does the restrictive qualification for President of “natural born citizen” over “citizen” include allegiance to the U.S.A. from birth without any foreign allegiance, as required of the Commander in Chief in time of war to preserve the Republic, including birth within the jurisdiction of the U.S.A. to parents who both had U.S. citizenship at that birth, and having retained that undivided loyalty?



IV. Does birth to or adoption by a non-citizen father or mother incur foreign allegiance sufficient to negate being a “natural born citizen” and disqualify a candidate from becoming President?



V. Having attained one’s majority, do actions showing divided loyalty with continued allegiance to the foreign nationality of one’s minority evidence foreign allegiance sufficient to disqualify one from being a “natural born citizen” with undivided loyalty to the U.S.A., such as campaigning for a candidate in a foreign election, or traveling on a foreign passport?



VI. Does a presidential candidate or President Elect by default fail to qualify under U.S. Const., art. II § 2 and amend. XX, § 3, if they neglect their burden to provide State or Federal election officers prima facie evidence of each of their identity, age, residence, and natural born citizenship, sufficient to meet respective State or Federal statutory standards?



VII. Do candidates for office disqualify themselves if they seek office under a birth name differing from a name given by adoption, or vice versa, when they neglect to provide election officers prima facie evidence of legal changes to their name, or if they neglect to legally change their name?



VIII. Does a President elect fail to qualify through breach of ethical disclosure duties, and obstruction of election officers’ constitutional duties to challenge, validate and evaluate qualifications for President, by withholding or sealing records evidencing identity, age, residency, or allegiance, or by claiming privacy and opposing in court efforts by Electors, election officers, or the People to obtain and evaluate such records?



IX. Does misprision by Federal election officers cause a President Elect to fail to qualify, if they neglect or refuse to challenge, validate, or evaluate qualifications of Electors or a President Elect, being bound by oath to support the Constitution and laws, after citizens provided information challenging those qualifications via petitions for redress of grievance, or by law suits?



X. To uphold its supremacy and inviolability, and to preserve the Republic, does the U.S. Constitution grant standing to Citizens to bring suit or quo warranto over negligence, obstruction, misprision, or breach of constitutional duties, and protect the People’s rights?



Here come the plaintiffs/ ex-relators in the name of the United States of America praying this Honorable Court issue Quo Warranto writ against Barack Hussein Obama, President of the United States and Commander in Chief.



Ex Relators are seeking Quo Warranto under District of Columbia Codes §§16-3501-16-3503 which provides for the “Writ of Quo Warranto to be issued in the name of the United States of America against a person who within the District of Columbia usurps, intrudes into, or unlawfully holds or exercises, a franchise conferred by the United States or a public office of the United States, civil or military”. The ex-relators assert that respondent Obama has indeed usurped the franchise of the President of the United States and the Commander in Chief of the United States Military forces due to his ineligibility and non-compliance with the provision of the Article 2, Section 1, Clause 5 of the Constitution of the United States that provides that the President of the United States has to be a Natural Born Citizen for the following reasons:



The legal reference and legal definitions used by the framers of the Constitution was the legal treatise “The Law of Nations” by Emer De Vattel as quoted and referenced in the Article 1, Section 8. The Law of Nations defines “…Natural Born Citizens, are those in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the conditions of their fathers, and succeed to all their rights.” Book 1, Chapter 19, §212. In his book Dreams From my Father as well as on his web site Fight the Smears respondent Obama admitted to the fact that his father was never a US citizen, but rather a British citizen from a British colony of Kenya and based on British Nationality act respondent Obama was a British citizen at birth and a K! enyan citizen from age 2 on December 12, 1961 when Kenya became an independent nation. As such, for the reason of his allegiance to foreign nations from birth respondent Obama never qualified as a Natural Born citizen.



In spite of some 100 legal actions filed and 12 Citizen Grand Jury presentments and indictments Respondent Obama due to his ineligibility never consented to unseal any prima facie documents and vital records that would confirm his legitimacy for presidency.



The state of Hawaii statute 338-5 allows one to get a birth certificate based on a statement of one relative only without any corroborative evidence from any hospital. Respondent Obama refused to unseal a birthing file (labor and delivery file) evidencing his birth from the Kapiolani Hospital where he recently decided, that he was born. Similarly, respondent Obama refused to consent to unseal his original birth certificate from the Health Department in the state of Hawaii. The original birth certificate is supposed to provide the name of th! e hospital, name of the attending physician and signatures of individuals in attendance during birth. As such there is no verifiable and legally acceptable evidence of his birth in the state of Hawaii.

Circa 1995 Respondent Obama has made an admission in his book Dreams from My Father that he has a copy of the original birth certificate, when describing a certain article about his father he write “…I discovered this article, folded away among my birth certificate and old vaccination forms…” In spite of the fact that respondent Obama has a copy of his original birth certificate, he released for public consumption only a COLB, an abbreviated certification of life birth which was issued in 2007 and does not provide any verifying information, such as name of the hospital and name of the attending physician and signatures, which infers that he knows that he is not eligible and actively trying to obfuscate the records in order to usurp US presidency. An affidavit from one of the most prominent forensic document experts, Sandra Ramsey Lines, previously submitted to this court, states t! hat authenticity of COLB and inference of the US birth cannot be ascertained based on COLB alone without examining the original birth certificate in Hawaii, that respondent Obama refuses to unseal and present in court and to the public at large.



As respondents schools records from Indonesia, previously submitted, show him the citizen of Indonesia under the name of Barry Soetoro, and there is no evidence of legal name change upon his repatriation from Indonesia, there is a high likelihood of the scenario whereby the respondent was sworn in as a president not only illegitimately due to his allegiance to three foreign nations, but also under a name that was not his legal name at the time of inauguration and swearing in as the president.



Affidavits from licensed private investigators Neil Sankey and Susan Daniels, previously submitted to this court, show that according to national databases respondent Obama has used as many as 39 different social security numbers, none of which were issued in Hawaii, which in itself is an evidence of foreign birth. Most egregious is the fact that the respondent has used for most of his life in Somerville Massachusetts, Chicago, Illinois and currently in the White House SSN XXX-XX-4425, which was issued in the state of Connecticut between 1976-1979 and assigned to ! an individual born in 1890, who would have been 120 years old, if he would be alive today. Respondent never resided in the state of Connecticut and he is clearly not 120 years old. There is such a high probability of criminal acts of identity theft and social security fraud committed by the respondent that the undersigned requests this Honorable court to use its inherent powers to order Sua Sponte an evidentiary hearing on this particular issue for possible criminal prosecution of identity theft and social security fraud, as the respondent has submitted himself to the jurisdiction of this Honorable court and can be brought to a separate evidentiary hearing to ascertain if fraud was perpetrated upon the court by assertion of false identity, even if the underlying case is not heard or closed for one reason or another. The undersigned requests to bar the US attorney’s office from representing the respondent in such hearing based on US Code 44 Section 22 and due to obvious inherent conflict of interest.



Wherefore the plaintiffs ex-relators in the name of the United States of America are requesting this Honorable Court to issue a writ of Quo Warranto against a respondent Barack Hussein Obama and order an evidentiary hearing whether fraud upon the court was committed and whether criminal charges should be brought against the respondent for fraud, identity theft and social security fraud.





s/ DR ORLY TAITZ ESQ

:__________________________________

. Orly Taitz, Esq. (California Bar 223433)

for the Plaintiffs

29839 Santa Margarita Parkway ste 100

Rancho Santa Margarita CA 92688

Tel.: 949-683-5411; Fax: 949-766-7603

E-Mail: dr_taitz@yahoo.com









PROOF OF SERVICE



I, the undersigned Orly Taitz, hereby declare under penalty of perjury that on this, 01.06.2010, I provided electronic copies of the Plaintiffs’ above-and-foregoing Notice of Filing to all of the following non-party attorneys whose names were affixed to the “STATEMENT OF INTEREST” who have appeared in this case in accordance with the local rules of the Central District of California, to wit:

ROGER E. WEST roger.west4@usdoj.gov (designated as lead counsel for President Barack Hussein Obama on August 7, 2009)



DAVID A. DeJUTTE

FACSIMILE (213) 894-7819

AND EXECUTED ON THIS 01.06.2010



/s/Orly Taitz



Dr. Orly Taitz Esq

29839 Santa Margarita PKWY

Rancho Santa Margarita CA 92688

Moral Turpitude

Obama Politicians Proved Their Moral Turpitude

We lived in a poor run down and rough neighborhood in Detroit when I was going to grade school. My family seemed to be the poorest of them all. My father was cruel and abusive to me and my mother. Life was very hard and terrifying for me then. School and reading were all I had to hang on. The stories I learned and read about another life of people with outstanding character and vision are all that kept me going. These were the people who made the world a better place because of the finest within them. I knew one day I would find the finest within me.

Some of the highlights of my childhood experiences were discovering the finest within humanity through the attendance of wonderful concerts of classical music, ballet, and art museums. I could take abuse at home for months after one visit to an art museum. Best of all were the stories of George Washington. Remember why he cut down the cherry tree? Thomas Jefferson, Ben Franklin, Abe Lincoln, Patrick Henry, Alexander Hamilton and many others who contributed to the greatness of the American Republic all gave me the courage to aspire to develop the finest within me.

Though I never reached any place of public significance in my life, I always respected and admired those who did climb to a place of major public trust and influence. My belief was they could never have attained their powerful positions with out outstanding good character and the manifestation of the finest within themselves. In my naïve way, I trusted our elected officials and our government as I am certain most Americans who voted for them did also.

Oh yes, I wasn’t quite so naïve as to be unaware of crooked politicians and dirty dealing. The scandals were plastered in MSM. The bad guys were caught, exposed and made accountable. Life went on. They were the exception and not the rule—so I thought. It was my mistaken idealistic belief that 95% of our elected politicians were courageous, patriotic, honorable, loyal to their sworn oaths and fiduciary duty to the public, and above all well educated and learned regarding the Constitution, American & world history, and believed in acting for the highest good of the country above their own political gains. It took me over fifty years to discover I wrong I was. It took the 2008 election to awaken me to reality like a pitcher of ice water thrown over me while in a deep sleep. Maybe most Americans are more sophisticated than I am and already knew and accepted what I finally learned, but not dumb optimistic me. That is why when I finally discovered the whole reality of what happened to America during my fifty years of sleeping, I went into a traumatic shock from which I have still not recovered.

Nancy Pelosi, Hilliary & Bill Clinton, Harry Reid, Obama and the Democrats gleefully shout; “We won! Now you have to do it our way.” If these knuckleheads realized what their statement and their so called win revealed about their inner characters they might not be so willing to shout; “We won!” Everything about this Democratic win is a monument to the bad characters of those who participated in supporting Obama. Obama’s win reveals the foulest within these people.

This so called win of the Democrats is the most shameful and heinous win in America’s political history. It was a win upon a slippery slope of BLATANT CHEATING. The dregs of humanity (Obama’s campaign managers, friends and funders) orchestrated this win by a show of willingness to commit criminal conspiracies, lies, cheating, rape of our Constitution, voter fraud, harm to others, and riddled with disgrace of every kind. This past election revealed to the whole world how thoroughly the Democrats lust for power corrupted them. These bottom of the barrel slimy characters have proven themselves to be so totally lacking in moral turpitude by their actions in this election, they were willing to commit any crime and violate any sacred law or American tradition to reach power. They willingly did commit crimes at the price of their own personal decency and integrity. They willingly announced to the world their lack of moral turpitude. Now anyone can get what he want from them by “making them an offer they can’t refuse.”

The Democrats and many Republicans totally under estimated American intelligence. They thought Americans either wouldn’t notice their crimes, not care or simply forget them. In their shameful win, the Democrats and many Republicans continue to commit crimes and violate the US constitution and work towards the destruction of the American Republic.

Any one of the items listed below would be enough to make a person of decency and integrity sick with guilt from a troubled conscious. It appears not one of the items listed below bothers Obama or the Obama camp. Obama’s campaign advisors, any workers, and any elected politicians who were aware of these items and continued to support him should be worried one day they will have to be made accountable for what they did to America in trade for thirty pieces of silver. The whole world is thoroughly aware of all the items mentioned below:

1. Obama stole the delegate votes from Hilliary Clinton who should have been the Democratic Nominee to run. (Moral turpitude, ruthlessness)

2. Obama was never properly vetted to prove he met the three eligibility qualifications to be president. When the ridicules Democrats realized they had a potential winner in Obama, they were so corrupt they didn’t even bother to properly check him out. When they finally realized this was a serious issue, they simply conspired to shove the issue into a closet and conspired with MSM to suppress the story. Nancy Pelosi is the defendant of some law suits accusing her of committing perjury by signing that Obama qualified to be president. (moral turpitude, betrayal, criminal & Constitutional violation)

3. Obama made clandestine deals with Hillary to get her to support him instead of oppose him (which Hilliary should have done.) Obviously Mrs. Clinton chose career over country. (moral turpitude, betrayal)

4. Obama violated the election rules and accepted millions of dollars of foreign money to finance his campaign. Not one Democrat seemed to have a problem with that—as long as he won. (moral turpitude & lawlessness)

5. Obama has a long and exclusive list of nefarious characters with whom he was and is associated—most who belong in jail--Some who are in jail and others who are going to jail. Obama made the real estate deal of the year through some of those suspicious characters. That also didn’t bother one single Democrat whose actions proved that obtaining power was more important that protecting the American People. (moral turpitude & lawlessness)

6. Obama went to Europe when he was campaigning and tried to supersede Bush’s powers by attempting to make a deal with the government of Iraq to stall the withdrawing of American troops until after he was elected. It is treason for any politician but the president to make deals with foreign governments on behalf of America. That was soon suppressed and forgotten. That also didn’t seem to bother one Democrat as long as Obama could become president. (moral turpitude, lawlessness, treason)

7. Then the big attack on America came in the form of a Cloward-Piven sabotage of a falsely created economic crisis in America. How convenient for Obama that came just at the time he needed it most to turn the American voter away from McCain to Obama. Not one Democrat seemed to care about the major harm this caused America and the world. (moral turpitude, lawlessness, & intent to harm America)

8. When Obama was challenged in the judicial system to produce his birth certificate and other records to prove his presidential eligibility, he paid a small fortune to attorneys to buy off judges to dismiss cases on technicalities at he price of our NATIONAL SECURITY. Now America is in the greatest Constitutional and National Security Crisis in her history. Did the Democrats care as long as they could steal power? (moral turpitude, lawlessness, recalcitrance, treason, intent to harm America)

9. Obama had the gall to pull a cheap shot and produce a forged document calling it his proof he qualifies. What is worse are the number of Senators and Congress people who have actually conspired with this forgery to claim Obama is qualified. These idiots refused to challenge Obama on January 8, 2009 when the electoral votes were counted because they “were afraid they would be laughed out of their careers.” Isn’t it comforting to the trusting American people to know the people they elected to office to work for them placed their careers above our country and our rights. (moral turpitude, disloyalty, breach of duty, ignorance of the Constitution, and conspiracy)

10. Let us not forget Acorn (about to receive 5.2 billion dollars from Obama’s stinkulus plan) that has been indicted in 15 states for voter fraud. These cases—to the best of my knowledge—are still in the courts today. Another issue Democrats seems to have no concern or embarrassment over. (moral turpitude, conspiracy, lawlessness)

11. When his opponents posted ads Obama didn’t like he tried to get the DOJ to have them removed. (moral turpitude)

12. Remember. America is still the greatest country in the world and even the poor have a better life standard than many in other 3rd world countries. Obama through exaggeration and convolution of the truth belittled, berated, and hurt America to persuade the gullible that America is such a terrible country it needed change. His change. (moral turpitude, betrayal, ruthlessness)

13. Obama is himself a living violation of the US Constitution. He is not qualified to be president. So what does this pillar of society do? Obama perjurers himself by taking the oath of Presidency with Justice Treasonor Roberts. Now there is an imposter and usurper in the Whitehouse aided and abetted by the Supreme Court. (moral turpitude, criminal conspiracy, lawlessness)

14. Obama created a false image of himself when in went to Germany where he gave free beer and a great rock&roll band to attract a crowd to make it look like the Germans came to see him. There were also other issues about Obama’s visit between him and the German Chancellor. (moral turpitude, conspiracy, lawlessness)

Now the Democrats are in a great big rush to continue passing laws, bills, directives, plans, and orders to obtain total dictatorial control before Americans actually take them out of office for breach of the US Constitution. What on earth makes these gangsters in congress thing we the people are going to continue turning the cheek in the face of all the slaps the American people have received this past year? What makes these knuckleheads think they are fooling us? Everyday and in everyway, we the people are growing more knowledgeable, stronger, and more determined than ever to take back our country and return it the Republic under rule of law of the Constitution it was designed to be.

Therese Daniels c March 1, 2009
USAPatriots-shout
www.blogtalkradio.com/usapatriots-shout