letter to judge elaine b. brown of the indiana court of appealsusa-the-republic.com/items of...
TRANSCRIPT
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Certified Mail No. 0309 1140 0002 2570 3450
Gordon Warren EpperlyP.O. Box 34358
Juneau, Alaska 99803
Telephone: (907) 789-5659
Judge Elaine B. BrownIndiana State Court of Appeals115 West Washington StreetSuite 1270 South TowerIndianapolis, IN 46204
In Reg: Indiana Court of Appeals Case” Steve Ankeny et.al. v. Governor ofState of Indiana, No. 49A02-0904-CV-353.
The Honorable Judge Elaine B. Brown
The purpose of this “Letter of Complaint” is to impeach the credibility of your
Indiana Appellate Court case: Steve Ankeny et.al. v. Governor of State of Indiana,
No. 49A02-0904-CV-353.
As you may be aware, there was an evidential hearing before the Administrative Law
Judge Michael Malihi to determine the qualifications of Barack Obama Jr. to appear on
the State of Georgia’s Election Ballots. Shortly after the closing of the Hearings,
Judge Michael Malihi submitted his Ruling which the Internet Newspaper “WND” /1
reports to have been founded upon your Indiana Appellate Court Case,
Steve Ankeny et.al. v. Governor of State of Indiana, No. 49A02-0904-CV-353.
I located your Court Opinion on the Internet and after reading the detailed Opinion, I find
myself not in agreement with the Opinion, particularly when the Secretary of State,
Division of Elections of Indiana, applied your Court Opinion to the qualifications
1/ Internet Newspaper “WND” ( http://tinyurl.com/6sj9re5 ).
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of Barack Obama Jr. to appear on the Election Ballots of the State of Indiana as
a Candidate for the Office of President of the United States.
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As you and the Secretary of State for the State of Indiana say that Barack Obama Jr. is
qualified to appear on the State of Indiana Election Ballots, I must ask the same question
that I asked of the Administrative Law Court of the State of Georgia: “What documents
are you relying upon to declare that Barack Obama Jr. is qualified to appear on
the Election Ballots of the State of Indiana?” [Please mail me the copies of
the Documents].
There is no reason to believe that the Indiana State Department of Elections has any
lawful Documents on file that would allow the Secretary of State for the State of Indiana
to declare that Barack Obama Jr. is qualified to appear on the State’s Election Ballots as
a Candidate for the Office of President of the United States. It would appear that the only
document on file is merely a copy of the. Democratic National Committee’s (DNC)
“Official Certification of Nomination” in which the DNC found the need to remove the
“Qualification of Office” statement: “is qualified to serve under the provisions of the
United States Constitution:” from the face of the document. The above image is
the DNC “Official Certification of Nomination” that was received by
the Forty-Nine (49) States of the Union with the exception of the Secretary of State for
the State of Hawaii. The below image is the DNC “Official Certification of Nomination”
that went to the State of Hawaii.
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The Court ErrorsError One
As we look to your case of Steve Ankeny et.al. v. Governor of State of Indiana,
No. 49A02-0904-CV-353 we see that it appears to be reciting the words from the
U.S. Supreme Court case of U.S. v Wong Kim Ark , 169 U.S. 649, 18 S.Ct. 456 (1898) in
regard to that part of the ruling that is being used to declare Barack Obama Jr. was a
“natural born [c]itizen” of the United States by virtue of his birth on the soil of the
United States (State of Hawaii). The Indiana Court of Appeals does error.
Looking at this Indiana Court of Appeals case, the question must be asked as to why
the Court was using a U.S. Supreme Court case that in later years was declared to be
a “dicta” /2 case by the U.S. Supreme Court.
Afroyim v. Rusk - 387 U.S. 253 (1967)
[Footnote 2/17]
Similarly, the Court can obtain little support from its invocation of the dictumfrom the opinion for the Court in United States v. Wong Kim Ark,169 U.S. 649, 169 U. S. 703. The central issue there was whether a childborn of Chinese nationals domiciled in the United States is an Americancitizen if its birth occurs in this country. The dictum upon which the Courtrelies, which consists essentially of a reiteration of the dictum from Osborn,
2/ “Dicta are judicial opinions expressed by the judges on points that do not necessarily arise in the case.
“Dicta are regarded as of little authority, on account of the manner in which they are delivered;it frequently happening that they are given without much reflection, at the bar, without previousexamination.
“As one judge said, 'If general dicta in cases turning on special circumstances are to be considered asestablishing the law, nothing is yet settled, or can be long settled. What I have said or written, out ofthe case trying, or shall say or write, under such circumstances, maybe taken as my opinion at the time,without argument or full consideration; but I will never consider myself bound by it when the point isfairly trying and fully argued and considered. And I protest against any person considering such obiterdicta as my deliberate opinion.' And another said it is 'great misfortune that dicta are taken down fromjudges, perhaps incorrectly, and then cited as absolute propositions.' ”
From the ‘Lectric Law Library's Lexicon
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can therefore scarcely be considered a reasoned consideration of the issuesnow before the Court. Moreover, the dictum could conceivably be read to holdonly that no power to expatriate an unwilling citizen was conferred either bythe Naturalization Clause or by the Fourteenth Amendment; if the dictummeans no more, it would, of course, not even reach the holding in Perez.Finally, the dictum must be read in light of the subsequent opinion for theCourt, written by Mr. Justice McKenna, in Mackenzie v. Hare, 239 U. S. 299.Despite counsel's invocation of Wong Kim Ark, id. at 302 and 303 [argumentof counsel -- omitted], the Court held in Mackenzie that marriage between anAmerican citizen and an alien, unaccompanied by any intention of the citizento renounce her citizenship, nonetheless permitted Congress to withdraw hernationality. It is immaterial for these purposes that Mrs. Mackenzie'scitizenship might, under the statute there, have been restored upontermination of the marital relationship; she did not consent to the loss, eventemporarily, of her citizenship, and, under the proposition apparently urgedby the Court today, it can therefore scarcely matter that her expatriation wassubject to some condition subsequent. It seems that neither Mr. JusticeMcKenna, who became a member of the Court after the argument but beforethe decision of Wong Kim Ark, supra, at 169 U. S. 732, nor Mr. Chief JusticeWhite, who joined the Court's opinions in both Wong Kim Ark and Mackenzie,thought that Wong Kim Ark required the result reached by the Court today.Nor, it must be supposed, did the other six members of the Court who joinedMackenzie, despite Wong Kim Ark.
When writing the Court Opinion of Steve Ankeny et.al. v. Governor of State of Indiana,
one must wonder as to why you did not read Section One of the Fourteenth Amendment
to the U.S. Constitution? There are two parts of the Amendment that have to be met for a
new born child to be a citizen of the United States. Not only does the child have to be
born on the soil of the United States, but the child must also be subject to the jurisdiction
of the United States. Do you not find it interesting that the Judges of our Courts just
can’t seem to locate the qualification Jurisdiction mandate of the Fourteenth Amendment
when writing their Court Opinions?
Error Two
Just what are the jurisdictional requirements that need to be met before a child may be
declared to be a citizen of the United States?
There are two requirements. The First is the question of “Allegiance” of the Parents and
the Second is the status of “Residence” of the Parents. As you wrote within your
Court Opinion that Barack Obama Jr. was a natural born citizen, can you tell us what
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the “Allegiance” of the Parents were at the time their son, Barack Obama Jr. was born?
What was the location address of their “Permanent Residence” at the time of birth of
their son, Barack Obama Jr.? These two questions of jurisdiction are not easy to answer.
In the enclosed Letter to the Georgia Secretary of State that was made a part of
the Record for the Administrative Law Court for the State of Georgia, /3 you will find
that I have given a detailed explanation of jurisdictional clause of the
Fourteenth Amendment.. The question of jurisdiction that Barack Obama Jr.’s mother
(Stanley Ann Dunham) took part in, needs further explanation.
Stanley Ann Dunham (November 29, 1942 – November 7, 1995), the mother of
Barack Obama Jr. was an American anthropologist who specialized in economic
anthropology and rural development. Dunham was nicknamed Anna, later known as
Dr. Stanley Ann Dunham Soetoro, and finally Ann Dunham Sutoro. Born in
Wichita, Kansas, Dunham spent her childhood in California, Oklahoma, Texas,
and Kansas and her teenage years in Mercer Island, Washington, and the majority of her
adult life in Hawaii and Indonesia. /4
On August 21, 1959, Hawaii became the 50th state to be admitted into the Union.
Dunham's parents sought business opportunities in the new state, and after graduating
from high school in 1960, Dunham and her family moved to Honolulu. Dunham soon
enrolled at the University of Hawaii at Mānoa. While attending a Russian language class,
Dunham met Barack Obama, Sr., the school's first African student. At the age of 23,
Obama Sr. had come to Hawaii to pursue his education, leaving behind a pregnant wife
and infant son in his home town of Nyang’oma Kogelo in Kenya. Dunham and
Obama Sr. were married on the Hawaiian island of Maui on February 2, 1961, despite
parental opposition from both families. Dunham was three months pregnant. Obama Sr.
eventually informed Dunham about his first marriage in Kenya but claimed he
was divorced. Years later, she would discover this was false. Obama Sr.'s first wife,
3/ “Order and Objection” to Georgia Secretary of State ( http://tinyurl.com/8x6v8k3 ) Acrobat PDF File
4/ The Bibliography of Stanley Ann Dunham may be found on the Internet at: http://tinyurl.com/5jxqo4
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Kezia, later said she had granted her consent for him to marry a second wife, in keeping
with Luo customs.
On August 4, 1961, at the age of 18, Dunham gave birth to her first child,
Barack Obama II. Friends in Washington State recall her visiting with her month-old
baby in 1961. She took classes at the University of Washington from September 1961 to
June 1962, and lived as a single mother in the Capitol Hill neighborhood of Seattle with
her son while her husband continued his studies in Hawaii. When Obama Sr. graduated
from the University of Hawaii in June 1962, he was offered a scholarship to study in
New York City but he declined it, preferring to attend the more prestigious
Harvard University. He left for Cambridge, Massachusetts, where he would begin
graduate study at Harvard in the fall of 1962. Dunham returned to Honolulu and
resumed her undergraduate education at the University of Hawaii with the spring
semester in January 1963. During this time, her parents helped her raise the
young Obama. Dunham filed for divorce in January 1964, which Obama Sr. did
not contest. Obama Sr. received a M.A. in economics from Harvard in 1965 and in 1971,
he came to Hawaii and visited his son Barack, then 10 years old; it was the last time he
would see his son. In 1982, Obama Sr. was killed in a car accident, or possibly
murdered.
Unlike the years of 1907 through 1922 where a spouse that married an alien husband
expatriated her U.S. Citizenship upon marriage, Dunham’s U.S. Citizenship was never
in question (see Cable Act /5of 1922). What is in question in her status of “residency.”
The terms: “Residency” and “Citizenship” are not the same and the one is not dependant
upon the other for its existence. As stated above, Ms. Dunham was 18 years of age when
she married and gave birth to her son, Barack Obama Jr. The months before her
marriage, she lived with her Parents and if any residency was established, it was through
her parents. After her marriage, she lived with her husband at an unknown
5/ Cable Act (ch. 411, 42 Stat. 1021, "Married Women’s Independent Nationality Act") See website: ( http://tinyurl.com/7u7a2kg )
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domicile address. It was only five (5) months that had passed before she gave birth to
her son, Barack Obama Jr. For Mrs. Durham to have acquired residency status in the
State of Hawaii, she needed to have lived at permanent domicile address with her
husband for twelve (12) months (One Year) and have given notice of intent to make the
State of Hawaii her permanent domicile.
It is accepted knowledge that upon marriage, the women takes upon herself the family
name of the husband and her husband’s place of residency/domicile. In the case
of Ms. Dunham, she became Mrs. Obama upon marriage and she took upon herself the
residency status of her husband (being that of the Colony of Kenya). There are a few
exceptions, one being that there is a “Prenuptial Agreement” on file with the government
of the State of Hawaii declaring that Mrs. Obama (Dunham) upon her marriage retained
her Family Median Name and that she intends to make the State of Hawaii her permanent
place of Domicile. I don’t believe you will locate any “Prenuptial Agreement”
of Mrs. Barack Obama (Durham) within the Marriage Records of the State of Hawaii.
The other exception is covered by the Internal Revenue Code wherein it declares that
an Alien, such as Barack Obama Jr., was lawfully domiciled within the United States as
a “resident alien” and have filed “Joint IRS Tax Returns” declaring the full incomes of
both the husband and wife that were made within the United States and the Country
of the alien husband. /6 If and when the alien (Barack Obama Sr.) met those
requirements, then the family of Barack Obama Sr. may have claimed permanent
residence/domicile of a state of the United States I don’t believe you will locate any
such “Joint IRS Tax Returns” in the Records of the Internal Revenue Service for the years
that Ms. Durham was married to Barack Obama Sr..
Barack Obama Sr. was a visitor to the United States attending Collage in the
State of Hawaii on an educational VISA. At no time did Barack Obama Sr. establish
permanent residence in any State of the United States nor did he declare his intentions to
make any state of the United States his permanent residence/domicile. At best, he may
6/ See website: ( http://tinyurl.com/8o79b ).
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be classified as a “nonresident alien” under the Internal Revenue Code of the
United States.
Proof of qualifications of Candidacy to an Office of Public Trust is with the Candidate.
It is Barack Obama Jr. that must come forward as a Candidate for the Office of President
of the United States and prove that not only is he is a citizen of the United States, but he
is qualified to be a United States “natural born [C]itizen.” It is Barack Obama Jr’s. duty
to produce the Documents and Records that shows that his Parents had permanent
Residence/Domicile status of a state of the United States and had United States
“Allegiance” at the time of his birth. The burden of proof is not with Public Officials of a
state nor of the United States nor does any Court Judicial Officer have authority to make
assumptions about the qualifications of Candidates. I, as a Complainant, have no duty to
prove qualifications or disqualifications of a Candidate. All that needs to be shown is that
there are reasonable doubts of qualification.
Error Three
It was at the East–West Center that Ms. Dunham met Lolo Soetoro, a Javanese surveyor
who had come to Honolulu on September 1962 on a East–West Center grant to study
geography at the University of Hawaii. Soetoro graduated from the University of Hawaii
with an M.A. in geography in June 1964. In 1965, Soetoro and Dunham were married
in Hawaii, and in 1966, Soetoro returned to Indonesia. After Ms. Dunham’s graduation
from the University of Hawaii with a B.A. in anthropology on August 6, 1967,
Ms. Dunham moved with her six-year-old son, Barack Obama Jr., to Jakarta, Indonesia
in October 1967 to rejoin her husband. In Indonesia, Soetoro worked first as a low-paid
topographical surveyor for the Indonesian government, and later in the government
relations office of Union Oil Company.
The family first lived at 16 Kyai Haji Ramli Tengah Street in a newly-built neighborhood
in the Menteng Dalam administrative village of the Tebet subdistrict in South Jakarta
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for two and a half years, with her son attending the nearby Indonesian-language
Santo Fransiskus Asisi (St. Francis of Assisi) Catholic School for 1st, 2nd, and part
of 3rd grade.
The below registration documents were made available on Jan. 24, 2007 by
the Fransiscus Assisi school in Jakarta, Indonesia, and they show the registration
of Barack Obama Jr. to be under the name Barry Soetoro and he was registered into
the Catholic school by his step-father, Lolo Soetoro. The document lists Barry Soetoro as
a “Indonesian citizen,” born on August 4, 1961 in Honolulu, and shows that his Muslim
step-father listed the boy's religion as “Islam.”
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Then in 1970, the family moved two miles north to 22 Taman Amir Hamzah Street in
the Matraman Dalam neighborhood in the Pegangsaan administrative village of
the Menteng subdistrict in Central Jakarta, with her son attending the
Indonesian-language government-run Besuki School one and half miles east in the
exclusive Menteng administrative village of the Menteng subdistrict for part of 3rd grade
and for 4th grade.
State Elementary School Menteng 01 (Indonesian: Sekolah Dasar Negeri(SDN) Menteng 01), also known as SDN Besuki or the Besuki school, is anIndonesian public school in Menteng, Jakarta.
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The school was founded in 1934 as Carpentier Alting Stichting Nassau School (CAS) by
the Dutch colonial administration and was reserved for the children of the Dutch and
Indonesian nobility. The Indonesian government took over administration of the school
in 1962, and it was then run by the Raden Saleh Foundation. /7
Among its students have been children of Bambang Trihatmodjo, the son of former
president Suharto, as well as the grandchildren of former vice presidents Hamzah Haz
and Try Sutrisno. Barack Obama Jr. spent his fourth year of schooling there.
Obama's announcement of his candidacy for United States president in January, 2007
drew world-wide media attention to the school, with many media outlets sending
reporters there, including The Chicago Tribune, MSNBC, and the BBC. Nedra Pickler
of the Associated Press reported: "Those tied to the school say they are proud to have had
a student like Obama, and hope that, if he is elected president, his ties to Indonesia will
broaden his world perspective and his views on religion." /8
In Indonesia, Mrs. Soetoro (Stanley Ann Dunham) enriched her son's education with
correspondence courses in English, recordings of Mahalia Jackson, and speeches by
Martin Luther King Jr. In 1971, she sent the young Obama back to Hawaii to attend
Punahou School starting in 5th grade rather than having him stay in Asia with her.
The above photocopy of the school records of Barack Obama Jr. (Barry Soetoro) shows
the frame of mind and intent of Stanley Ann Dunham at the time her husband
(Lolo Soetoro) registered Barack Obama Jr. with the family name of “Soetoro” and
declared that Barak Obama Jr.’s citizenship was with Indonesia. Stanley Ann Dunham
and her husband’s actions were making a statement that Stanley Ann Dunham believed
that her son was not born on the soil of the United States and that her son did not have
United States Citizenship. As Lolo Soetoro never adopted Barack Obama Jr. as his son,
we must conclude that this belief of Stanley Ann Dunham was founded upon the
possibility that Barack Obama Jr. was born on the soil of the Colony of Kenya?
7/ See Internet website: (http://tinyurl.com/r6cwv4 )
8/ See Internet website: ( http://tinyurl.com/7vzhzp8 )
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Error Four
There has been claims that Barack Obama Jr. was born on the soil of the Colony
of Kenya.
We have the Kenyan Ambassador to the United States, Peter Ogego, declaringthat Barack Obama Jr. was born in the Colony of Kenya and the People of Kenyawas erecting a memorial to celebrate Barack Obama Jr.’s birth. /9
From the Kenya Assembly Report of March 25, 2010 the "Minister of Lands"(Mr. Orengo) declares that Barack Obama Jr. was born within the Nationof Kenya. See page 31 of the Report. /10
We have a former Hawaiian Elections Clerk, Tim Adams, declaring thatBarack Obama Jr. was not born in Hawaii and no records of his birth havebeen found. /11
We have statements made by Barack Obama Jr.’s wife, Michele Obama,that Barack Obama Jr.’s “homeland” was with the Colony of Kenya /12
We also find on the Internet that Obama's Kenyan Grandmother has reportedlyalleged that she witnessed Obama's birth at the Coast Provincial Hospital inMombasa, Kenya. The Republic of Kenya has told WND Internet Newspaper thatall Documents concerning Obama were under Seal until after the U.S. Presidentialelection of November 4, 2008. There are also unconfirmed reports that Obamamay have been born in Canada. /13
Now we have the question of “Live Birth Certificates.” A copy of Barack Obama Jr.’s
“Live Birth Certificate” was introduced into the Record of the Evidential Hearing Case
No. OSAH-SECSTATE-CE-121536-60-MALIHI on or about January 27, 2012.
Testimony was given by Experts in their field of identifying fraudulent Documents.
9/ See “YouTube” Video at: ( http://tinyurl.com/86p4k8l ).
10/ You may view the Report in Acrobat PDF file format from the Internet at: ( http://tinyurl.com/82zpmkt ).
11/ See “YouTube” Video at: ( http://tinyurl.com/7zobpmh ).
12/ See “YouTube” Video at: ( http://tinyurl.com/7voswjf ).
13 See Internet websites: ( http://tinyurl.com/77pcyv9 ) ( http://tinyurl.com/6tqtlmn )( http://tinyurl.com/85ckkp2 ).
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The “Live Birth Certificate” that most people are familiar with is the one with the green
security paper background and it was found to be a computer generated Document that
was created by computer Software as Adobe Photoshop. Testimony was given in the
Administrative Law Court for the State of Georgia. (supra.) showing that it was not
a “flat” Document as if it was reproduced by a photocopy machine, but the Document
had “layers” on top of another and that the Document also had “kernel” typing which
could only be done with the use of a computer. In the year of 1961, the year
of Barack Obama Jr.’s birth, there were no computers and there were no computer
software. Any typed Documents that were created in those early years were made by
manual keyboard typewriters. Below is a copy of the “Live Birth Certificate” that has
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been brought into question.
The Hawaii Revised Statute §338-18 (Disclosure of Records) raises questions as it relates
to the DNC issuing forth an “Official Certification of Nomination.” What Documents
of Authority did the DNC rely upon to verify the “natural born” status of citizenship
of Barack Obama Jr.? Did the DNC obtain a Birth Certificate Record under
Hawaii Revised Statute §338-18(7) /14 or did Barack Obama Jr. furnish DNC a copy of
his Birth Certificate under Hawaii Revised Statute §338-18(1)? /15 If so, did anyone
obtain a “Verification” as to the existence of Barack Obama Jr.’s “Live Birth Certificate”
and a “Verification” as to Barack Obama Jr.’s place of birth? The State of Hawaii
provides “Verified” Documents under the authority of Hawaii Revised Statute §338-14.3:
§338-14.3 Verification in lieu of a certified copy.(a) Subject to the requirements of section 338-18, thedepartment of health, upon request, shall furnish to anyapplicant, in lieu of the issuance of a certified copy,a verification of the existence of a certificate and anyother information that the applicant provides to beverified relating to the vital event that pertains tothe certificate.(b) A verification shall be considered for all purposescertification that the vital event did occur and that thefacts of the event are as stated by the applicant.(c) Verification may be made in written, electronic, orother form approved by the director of health.
(d) The fee for a verification in lieu of a certified copyshall be a maximum of one half of the fee established in14/ §338-18 Disclosure of records
(b) The department shall not permit inspection of public health statistics records, or issue acertified copy of any such record or part thereof, unless it is satisfied that the applicant has a directand tangible interest in the record. The following persons shall be considered to have a direct andtangible interest in a public health statistics record:
(7) A person or agency acting on behalf of the registrant;
15/ §338-18 Disclosure of records(b)(1) The registrant;
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section 338-14.5 for the first certified copy of acertificate issued.
(e) Fees received for verifications in lieu of certifiedcopies shall be remitted, and one half of the fee shall bedeposited to the credit of the vital statistics improvementspecial fund in section 338-14.6 and the remainder of thefee shall be deposited to the credit of the state generalfund. [L 2001, c 246, §1; am L 2010, c 55, §1]
Why is “Verification” important? The answer to the question may be found in the
numerous Birth Certificate Documents that have circulated over the Internet claiming to
be the “Birth Certificate” of Barack Obama Jr.. The Barack Obama Jr.’s Campaign
website entitled: "Fight the Smears," posted an image of a State of Hawaii
"Certification of Live Birth" that was not a copy of the original Birth Certificate that is
generated by a hospital where Barack Obama Jr. has claimed to have been born. Indeed,
there are two different hospitals in Honolulu that have been reported on the Internet as
his birthplace.
A few of those “Birth Certificate” Documents appear below.
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Please take notice that the above “Certificate of Live Birth” on the bottomline declares at Box 23 “Birthplace: Kenya; Registered Honolulu.HRS 338-17.8 per Grandmother.” HRS 338-17.8 is the Hawaii RevisedTerritorial Statute that authorizes the issuance of Birth Certificates tochildren born outside the State of Hawaii. /16
16/ Hawaii Revised Statute [§338-17.8] Certificates for children born out of State.
(a) Upon application of an adult or the legal parents of a minor child, the director of health shall issue abirth certificate for such adult or minor, provided that proof has been submitted to the director of healththat the legal parents of such individual while living without the Territory or State of Hawaii haddeclared the Territory or State of Hawaii as their legal residence for at least one year immediatelypreceding the birth or adoption of such child.
(b) Proof of legal residency shall be submitted to the director of health in any manner that the directorshall deem appropriate. The director of health may also adopt any rules pursuant to chapter 91 that he
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Below is a Kenya “Birth Certificate” for Barack Obama Jr.
or she may deem necessary or proper to prevent fraudulent applications for birth certificates and torequire any further information or proof of events necessary for completion of a birth certificate.
(c) The fee for each application for registration shall be established by rule adopted pursuant tochapter 91. [L 1982, c 182, §1]
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From looking at the above images, can any Public Official come forward and declare
which image is the true and correct copy representation the Live Birth Certificate for
Barack Obama Jr.? How about the Judicial Officer of the Indiana Court of Appeals,
Elaine B. Brown - can she identify the true and correct copy of the Live Birth Certificate
for Barack Obama Jr.?
A certified copy of “Certification of Live Birth” does not prove much. It is only a
statement that a “Certificate of Live Birth” is on file with the Vital Statistics of
the Hawaii State Department of Health. There is no “Verification” statement that is made
under “Penalty of Perjury” to be found on any copy of Barack Obama Jr.’s “Certificate of
Live Birth” that declares the information found thereon as being true and correct.
Absent any “Verification,” Barack Obama Jr.’s “Certificate of Live Birth” cannot
lawfully be used as a “Verification of Qualification” document for Barack Obama Jr. to
appear on any Election Ballot of any state of the Union as a Candidate for the Office
of President of the United States.
Error Five
As stated at the head of this letter, there are two requirements to fulfill the qualification
statement of the Fourteenth Amendment, “Residency” and “Allegiance.”
As “Allegiance” has been addressed in my Letter to the Georgia Secretary of State and to
the Administrative Law Court for the State of Georgia and allegiance was found to be
wanting at the time of Barack Obama Jr.’s birth. With the absence of allegiance,
Barack Obama Jr. is not qualified to be a citizen of the United States under the
citizenship provisions of the Fourteenth Amendment to the United States Constitution.
As the “Objection and Question” document which was filed with the Secretary of State
for the State of Georgia is enclosed as a supporting document to this letter, there is no
need to restate what was said in that document.
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Error Six
In regard to Barack Obama Jr. having the race status of “Mulatto,” Barack Obama Jr.
must be in possession of “Political Rights” of the United States to hold any Public Office
of the United States government. “Political Rights” have nothing to do with
“Civil Rights” and the two are not the same. The question of “Political Rights” has been
addressed within the enclosed supporting document “Objection and Question” letter that
was addressed to the Georgia Secretary of State and it was found that Barack Obama Jr.
was in want of standing to hold Public Offices of the United States government. Without
the grant of “Political Rights” to hold Public Offices of the United States government by
Constitutional Amendment to the U.S. Constitution, Barack Obama Jr. does not have the
“natural born Citizen” status to hold the Office of President of the United States.
Barack Obama Jr. is in possession of “limited” Political Rights of “Suffrage” and that is
to cast “Votes” at Ballot Elections under the authority of the Fifteenth (15th ) Amendment
to the U.S. Constitution. The question of “Political Rights” has been addressed in the
attached Georgia Secretary of State letter and as such, there is no need to address the
“Political Rights” question in this letter.
Conclusion
It is not easy to determine the qualifications of Barack Obama Jr. to appear on any
Election Ballot of any state of the Union. His place of birth is questionable and we have
problems with the parents of Barack Obama Jr. meeting the jurisdictional requirements of
the Fourteenth Amendment to the U.S. Constitution.
It is not a simple matter to declare that every individual that was born on the soil of the
United States to be not only citizens of the United States, but also “natural born Citizens”
of the United States. Under the Fourteenth Amendment to the U.S. Constitution,
the child is not only required to be born on the soil of the United States, but the parents
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are also required to have established a “permanent residence” address and have owed
“allegiance” to the United States at the time of their child’s birth.
There are additional requirements for “Negroes” and “Mulattos.” They are required to
have “Political Rights” to hold Public Offices of the United States by the authority of a
Constitutional Amendment to the United States Constitution before they may appear on
any Election Ballot of a state of the Union as a Candidate for Public Office of the
United States government. The only “Political Rights” that may be exercised
by “Negroes” and “Mulattos” is the right to cast Votes on Ballot Elections
under the authority of the Fifteenth Amendment to the U.S. Constitution.
As no U.S. Constitutional Amendments exists that grants “Negroes” or “Mulattos” the
authority to hold Public Offices of the United States government, no Negro nor a Mulatto
has standing to be classified as a “natural born Citizen” of the United States.
As Barack Obama Jr. is in want of a U.S. Constitutional grant of “Political Rights”
(via Constitutional Amendments) to hold Public Offices of the United States government,
Barack Obama Jr. is in want of standing to be classified as a “natural born Citizen” under
Article II, Section 1, Clause 5 of the U.S. Constitution. There is no authority to be found
that would allow Barack Obama Jr. to appear on any Election Ballot of any state of
the Union as a Candidate for the Office of President of the United States.
The questions of “Political Rights” have been addressed in the enclosed letter that is
addressed to the Georgia Secretary of State /17 and as such, there is no need to restate
the “Political Rights” question in this letter.
Remedies Sought
[President] Barack Obama Jr. has been deploying legal staff of the
U.S. Justice Department throughout the states of the United States claiming that the
17/ See website: ( http://tinyurl.com/8x6v8k3 ). Acrobat PDF File.
Page 25 of 28
Appellate Court case of Steve Ankeny et.al. v. Governor of State of Indiana,
No. 49A02-0904-CV-353 has settled the questions of qualifications for
Barack Obama Jr. to appear on the Election Ballots of the States. As the “dicta” case of
Steve Ankeny et.al. v. Governor of State of Indiana, (supra.) which you wrote is being
used as a “Stare decisis” /18 case for which the Secretary of State and the Courts of the
states of the Union are using to allow Barack Obama Jr. to appear on Election Ballots,
I respectfully make a demand that you produce and mail to me, Gordon Warren Epperly,
true and correct copies of the Documents that you relied upon to declare
Barack Obama Jr. was a “natural born Citizen” of the United States and that
Barack Obama Jr. was qualified to appear on the Election Ballots of your state,
the State of Indiana. As the U.S. Justice Department is spreading misinformation to
the Secretary of States of the states of the Union that the case of Steve Ankeny et.al. v.
Governor of State of Indiana, (supra.) is a “Stare decisis” case that may be relied upon to
18/ Stare decisis – “To abide or adhere to decided cases. It is a general maxim that whena point has been settled by decision, it forms a precedent which is not afterwardsto be departed from. The doctrine of stare decisis is not always to be relied upon,for the courts find it necessary to overrule cases which have been hastily decided,or contrary to principle. Many hundreds of such overruled cases may be found inthe American and English books of reports.
An appeal court's panel is "bound by decisions of prior panels unless an en bancdecision, Supreme Court decision, or subsequent legislation underminesthose decisions." United States v. Washington, 872 F.2d 874, 880 (9th Cir. 1989).Although the doctrine of stare decisis does not prevent reexamining and, if needbe, overruling prior decisions, "It is . . . a fundamental jurisprudential policy thatprior applicable precedent usually must be followed even though the case, ifconsidered anew, might be decided differently by the current justices. This policy .. . 'is based on the assumption that certainty, predictability and stability in the laware the major objectives of the legal system; i.e., that parties should be able toregulate their conduct and enter into relationships with reasonable assurance ofthe governing rules of law.'" (Moradi-Shalal v. Fireman's Fund Ins. Companies(1988) 46 Cal.3d 287, 296.) Accordingly, a party urging overruling a precedentfaces a rightly onerous task, the difficulty of which is roughly proportional to anumber of factors, including the age of the precedent, the nature and extent ofpublic and private reliance on it, and its consistency or inconsistency with otherrelated rules of law.
From the 'Lectric Law Library's Lexicon
Page 26 of 28
place Barack Obama Jr. on Election Ballots, I respectfully request that you advise
the Secretary of States (Division of Elections), of every state in the Union that the
U.S. Justice Department’s position taken that your case should be used to place
Barack Obama Jr. on Election Ballots of the states of the Union is in error and that the
case of Steve Ankeny et.al. v. Governor of State of Indiana, (supra.) is merely “dicta”
and should not be used as a “Stare decisis” case for any other Court Opinion
or Court Ruling.
The qualifications of Barack Obama Jr. to appear on Election Ballots of the states of the
United States must stand on its own merits within each and every state.
The qualifications of a Political Candidate for a Political Offices of the United States
government should not be dependant upon any single ruling of any one state.
Attached to this letter is a document entitled: “Barack Obama Jr. Ineligible
For President” /19 which has been introduced into the Record of the Georgia
Secretary of State and Administrative Law Court for the State of Georgia. I believe this
enclosed document may be of interest to the recipient of this letter.
Internet
A copy of this “Letter of Complaint” has been reproduced in Acrobat PDF file format
with workable internet links and it may be located on the Internet at:
( http://tinyurl.com/6mx6ab5 ).
Verification of Contents
I, Gordon Warren Epperly, hereby certifies under the Penalty of Perjury that the contents
of this “Letter of Complaint” are true to the best his knowledge.
19/ See website: ( http://tinyurl.com/7odr37r ) Acrobat PDF File.
Page 27 of 28
Certificate of Mailing
I, Gordon Warren Epperly, hereby certifies under the Penalty of Perjury that a true and
correct copy of this “Letter of Complaint” with its attached supporting Documents were
mailed to:
Certified MailNo. 0309 1140 0002 2570 3429
[President] Barack Obama Jr.The White House
1600 Pennsylvania Avenue NWWashington, DC 20500
Certified MailNo. 0309 1140 0002 2570 3443
Secretary of StateBrian P. Kemp
2 Martin Luther King Jr. Dr.Suite 802 Floyd West Tower
Atlanta, Georgia 30334
Certified MailNo. 0309 1140 0002 2570 3436
Secretary of StateJerold A. Bonnet
Indiana Government Center South402 W. Washington Street
Room W160AIndianapolis, Indiana 46204-2725
by depositing said “Letter of Complaint” with supporting Documents with
the United States Postal Service at Juneau, Alaska with correct postage
The services of tracking the mailing of said Documents may be found on the
United States Postal Service website at: ( http://www.usps.com ).
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