Lawyer who challenged Obama: Ineligibility could prove costly


USJF chief: ‘This is completely uncharted territory’


© 2010 WorldNetDaily

By Bob Unruh

This is more than the birther issue:

An attorney whose legal brief in a case challenging Barack Obama’s eligibility revealed a Supreme Court can remove an ineligible chief executive now has released an analysis confirming that if Obama isn’t eligible, he could be charged under a number of felony statutes.

And that’s just on the federal level; any state charges would be in addition, as would charges against individuals who may have helped him in the commission of any of the acts, according to Gary Kreep of the United States Justice Foundation.

Kreep has been involved in several of the cases that have raised challenges to Obama’s occupancy of the Oval Office, including two in California. One is on appeal in the state court system and names California Secretary of State Debra Bowen as defendant. The other, in the federal court system, is on appeal before the 9th U.S. Circuit Court of Appeals.

Both make claims on behalf of individuals and political candidates in California over Obama’s presence on the 2008 election ballot.


North Dakota Gov. Thomas Moodie, removed from office when the state Supreme Court found him ineligible

WND several weeks ago reported when Kreep’s legal research revealed two precedents  he believes would be applicable in the Obama case. In one, state officials arbitrarily removed a candidate from an election ballot because it was not proven the candidate was qualified for office. In another, the North Dakota Supreme Court removed the sitting governor from office when it was documented he was not eligible under the state’s requirements.

Now Kreep has released an analysis of the federal laws he believes could be applied should Obama ultimately be shown to be ineligible.

“If he is not eligible, he could be charged not only with these crimes, but potentially with crimes in a number of states where he falsely represented that he was qualified to run, as well as people who helped him,” Kreep told WND.

Further, there could be any number of challenges to virtually anything he did as president: his nominations, his executive orders and his signing of legislation.

“This is completely uncharted territory,” Kreep told WND. “It could all be challenged as invalid. There has to be a sitting president for [actions] to be valid. If he’s not qualified, if he’s not the president, it isn’t valid.”

(Story continues below)

// // // //

The research, done on Kreep’s behalf by USJF staff attorney Chris Tucker, cited the following statutes that could apply:

  • False Personation of Officer or Employee of the United States (18 U.S.C. § 912).

    It states: “Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be fined under this title or imprisoned not more than three years, or both.”

    The USJF analysis said, “Basically this statute calls for 1) Fraudulent intent, and 2) an overt act to accomplish the inducement of one giving over a thing of value. If it were found that Barack Obama was not a natural born citizen, as required by the U.S. Constitution Art. II § 1, he will have assumed the office of president fraudulently to obtain money (among other things) by way of his annual salary. The Supreme Court has upheld convictions for False Personations in U.S. v. Lepowitch, (63 S.Ct. 914), and Lamar v. U.S., (36 S.Ct. 535).”

  • Conspiracy to Commit Offense or to Defraud United States (18 U.S.C. 371).

    It states: “If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.”

    The USJF analysis said, “As in all conspiracies, there must be two or more persons working in concert to achieve an illegal act, so the president would need a co-conspirator for this statute to apply. The state of Hawaii is being very secretive about the whereabouts or even existence of Mr. Obama’s supposed birth certificate. If the officials in charge of keeping these records know of its non-existence, then they would be co-conspirators with the objective of defrauding the United States as to the citizenship status of Barack Obama. There, however, must be an ‘in concert’ element met, meaning that these officials are withholding the proof at the direction of Mr. Obama. Is it possible that these officials love Barack Obama so much that they are withholding these documents out of the goodness of their own hearts? Yes, possibly, however unlikely. It is reasonable to infer that the Hawaiian officials are working ‘in concert’ with Mr. Obama to suppress this information, since each would face both civil and criminal suits, not to mention the loss of furthering their own political goals.”

  • Activities Affecting Armed Forces During War (18 U.S.C. 2388(a)).

    It states: “(a) Whoever, when the United States is at war, willfully makes or conveys false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies; or

    “Whoever, when the United States is at war, willfully causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or willfully obstructs the recruiting or enlistment service of the United States, to the injury of the service or the United States, or attempts to do so—Shall be fined under this title or imprisoned not more than twenty years, or both.”

    The USJF analysis said: “Intent is fully at issue here; however, President Obama made it clear during his campaign that his full intent when entering office would be to scale down the conflict with Afghanistan and Iraq, eventually leading to a full withdrawal. His statements of being a natural born citizen to obtain the office of commander in chief were in effort to interfere with the attempts by the former commander in chief’s attempt at engaging the enemy in these two countries, for the purpose of national security.

    “In the case of Schulze v. U.S. (259 F. 189) Petitioner was convicted under this statute, and the question of intent was at issue. The court stated, ‘It is true that in charging the offense it is unnecessary to allege the intent; the offense being one whose very definition necessarily includes intent. In such a case it is necessary only to aver in apt terms the acts done. The intent will be inferred. The charge is not unlike that of treason, the indictment for which needs go no further than to follow the language of the statute which defines the offense. (United States v. Greathouse, 2 Abb.U.S. 364, Fed. Cas. No. 15,254)…

  • “This means that intent is inferred from the act itself. Mr. Obama has already announced that the efforts in Afghanistan will be scaled back, and a full withdrawal is planned for 2011. Furthermore, the announcement of this strategy works to the aid of our enemy, who now knows to sit in caves and wait out the U.S. for only a year or so. This certainly works interrupt our operations and promote the success of our enemy.”
  • False Statement in Application and Use of Passport (18 U.S.C. 1542).

    It states: “Whoever willfully and knowingly makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own use or the use of another, contrary to the laws regulating the issuance of passports or the rules prescribed pursuant to such laws; or

    “Whoever willfully and knowingly uses or attempts to use, or furnishes to another for use any passport the issue of which was secured in any way by reason of any false statement—Shall be fined under this title, imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929 (a) of this title)), 10 years (in the case of the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense), or both.”

    The USJF analysis said: “To obtain a U.S. passport one must show a valid birth certificate or some other form of identification showing U.S. citizenship. Barack Obama would have to have furnished some sort of birth certificate or other document showing he is a citizen. Of course, even if he was not a natural born citizen, he could show naturalization or some other citizenship papers. However, if these documents are spurious, then he would be guilty pursuant to the first paragraph, and to then use his illegally obtained passport, he would also be guilty under the second paragraph as well.”

  • False Personation of Citizen of the United States (18 U.S.C. 911).

    It states: “Whoever falsely and willfully represents himself to be a citizen of the United States shall be fined under this title or imprisoned not more than three years, or both.”

    The analysis said: “If Mr. Obama is not a natural born citizen, then he must have other proof of United States citizenship. If he has neither of these, then as acting head of state he is holding himself out to be a citizen of the United States, and is therefore liable under this section as well.”

  • Perjury (18 U.S.C. 1621).

    It states: “Whoever—(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or

    “(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true; is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.”

    The USJF analysis said: “Mr. Obama has taken the oath of office of POTUS, in front of Chief Justice of the U.S. Supreme Court, John Roberts, in which he promises to ‘defend the Constitution’. As an illegal alien, or even a non-natural born citizen, he would be acting as an ineligible president. Furthermore, as an attorney, and a former professor of constitutional law, Barack Obama would have full knowledge. Complete Story:

About these ads

10 responses to “Lawyer who challenged Obama: Ineligibility could prove costly

  1. My question on this controversy has always been,..if the damn birth certificate exists, then produce it.
    Why is Hawaii denying access to the document?

    All the legalese makes my head hurt, but interesting.

    Great post.

  2. You’ve been very busy today DancingCzar! Good stuff! Hopefully Constitution and law will prevail and at some point, Hussein and his accomplices will enjoy permant residency at the gray bar hotel! Imagine would tie up the entire US justice system for years if all who are responsible are genuinely brought before judge! Guess all new ‘housing’ needed would be great job creator!

  3. Obama has already posted the official birth certificate of Hawaii, which is the only birth certificate that Hawaii currently issues. (http://www.starbulletin.com/columnists/kokualine/20090606_kokua_line.html).

    That was the birth certificate that Hawaii sent to Obama in 2007, and that is the birth certificate that it sends to everyone. It no longer sends out copies of the original birth certificate, as the citation shows.

    It is not possible to get a birth certificate in Hawaii that says “born in Hawaii” on it (as Obama’s does) unless there is proof that the child was born in Hawaii. The current birth certificate of Hawaii, known as a Certification of Live Birth, is accepted as proof of birth in the USA by the US State Department and the branches of the US military.

    Obama’s Kenyan grandmother never said that he was born in Kenya. She actually said that he was born in Hawaii. Listen to the complete tape, until after the question “Whereabouts was he born?” http://www.obamacrimes.info/Telephone_Interview_with_Sarah_Hussein_Obama_10-16-

  4. Czars, I have heard Mark Levin, who is still a practicing lawyer, state that his law firm has submitted requests to the 9th Circuit court of Appeals regarding this issue.
    This issue is by no means dead.
    BTW, Happy Birthday.

  5. Pingback: Pelosi’s Cultist Suicide Pact Recruitment Underway « VotingFemale

  6. There was, and is, no way to get a Hawaiian birth certificate that says on it “born in Hawaii” if there is not proof that the child was born in Hawaii.

    The officials in Hawaii, who are members of a Republican governor’s administration, have said twice that the original document in their files confirms that Obama was born in Hawaii.

  7. Hi Ann: I’m Jim The sources below do not come from blogs which I’ve found for the most part cite other blogs and no sources. I believe any reasonable person would be led to conclude that the issue is far from certain as you indicate. Also I’ve sited finding that differ from your earlier post where you assert that Obama’s grandmother never said he was born in Kenya, (Mombasa)

    Unveiled! Hawaii’s 1961 long-form birth certificates

    http://www.wnd.com/?pageId=105347

    Unstamped certificate suggests Obama may not be “natural born” US citizen

    http://web.israelinsider.com/Articles/Politics/12939.htm

    As Obama stonewalls on uncertified birth certificate, official doubts mount

    http://web.israelinsider.com/Articles/Politics/12944.htm

    Hawaii Confirms Obama Birth Certificate Not Released

    http://newsmax.com/InsideCover/obama-hawaii-birth-papers/2009/08/06/id/332159

    Did Obama’s grandmother say he was born in Kenya?

    http://www.wnd.com/index.php?pageId=107524

    Obama Born In Kenya? His Grandmother Says Yes.

    http://www.israelnationalnews.com/Blogs/Message.aspx/3074

    Just a final thought Ann:
    Hawaii State law bars the release of a certified birth certificate to anyone who does not have a tangible interest.

    However, Obama’s birth certificate, along with birth notices from two Honolulu newspapers, were brought forward even before he took office. How is it so many copies real or forged of the short form are circulating around and in the news?

  8. Ann: This answers why so many short forms are in circulation:

    Obama’s ‘birth certificate’ not acceptable in Hawaii?

    WASHINGTON – The Hawaiian certification of live birth Barack Obama posted on his campaign website and distributed to select news organizations as proof he was a “natural born citizen” would not be accepted as a “birth certificate” even for some Hawaiian state government eligibility issues, WND has learned.

    The investigation follows a Honolulu Star Bulletin column Saturday, which quotes a state Department of Health spokeswoman as saying the state’s current certification of live birth is recognized “as an official birth certificate meeting all federal and other requirements.”

    The website of the Department of Hawaiian Home Lands, however, states clearly the certification of live birth touted by the Obama campaign, White House press secretary Robert Gibbs and a host of other Obama defenders is not acceptable as a form of identification to qualify under this program.

    http://www.wnd.com/index.php?fa=PAGE.view&pageId=100451

  9. Re: Long form birth certificates.

    Yes there are long-form certificates, in the official files or held by some people who still have copies from the time of birth. But that does not apply to Obama. All he has is what Hawaii sent him in 2007, and that was the short-form new official birth certificate. That is the only birth certificate that Hawaii sends out anymore. (http://www.starbulletin.com/columnists/kokualine/20090606_kokua_line.html)

    As you can see, Hawaii no longer sends out the long-form birth certificate to anyone.

    Re: Unstamped certificate

    It is stamped and sealed on the back, where it is supposed to be (http://www.factcheck.org/elections-2008/born_in_the_usa.html). See the second and third photographs

    Re: “Obama stonewalls.”

    Obama has not stonewalled. He has published and shown to both Politifact and Factcheck the official birth certificate of Hawaii, and the facts on it—that he was born in Hawaii in 1961—were twice confirmed by the two top officials of the Department of Health of Hawaii.

    Re: “Hawaii Confirms Obama Birth Certificate Not Released.

    Hawaii never said any such thing, and its officials have said twice that the facts on the original birth certificate show that Obama was born in Hawaii.

    Re: “Did Obama’s grandmother say he was born in Kenya?”

    NO, she did not say that he was born in Kenya. She said that he was born in Hawaii.

    This is a short part of the transcript of that call:

    Quotes:

    “MCRAE: OK. Uh, when I come in December I would like to go by the, the place, the hospital where he is born. Uh, could you tell me where he was born? Was he born in Mombasa?

    (Long pause. Puzzled sound from Translator Ogombe in background: “naah?”)

    BROTHER TOM: Uh, uh, I, I will need help. I think, uh I think, I kind of, you know we’ll be coming December (unintelligible) and Vitalis, and I talking to him, so I tell him–

    TRANSLATOR OGOMBE (in background, simultaneously): –no, no– what?!?

    BROTHER TOM: –that you are a capitalist, that you were a little, that you were a little, a little, a little American bus–

    TRANSLATOR OGOMBE (responding to background voices, sounding distressed): No–yes–

    TRANSLATOR OGOMBE (to McRae): No! Obama was not born in Mombasa! He was born in America!

    MCRAE: Wh-whereabouts, whereabouts was he born? I, I thought he was born in Kenya.

    TRANSLATOR OGOMBE: No he was born in America, not in Mombasa.

    MCRAE: OK. Do you know whereabouts he was born?

    TRANSLATOR OGOMBE: (Pause.) Huh?

    MCRAE: Do you know where he was born? I thought he was born in

    VOICE OF MRS. OBAMA OR ANOTHER WOMAN (background): Hawaii.

    BROTHER TOM (background): Hawaii, yeah?

    VOICE OF MRS. OBAMA OR ANOTHER WOMAN (background): Yeah.

    TRANSLATOR OGOMBE (background): Yes.

    TRANSLATOR OGOMBE (to McRae): Sir, she says he was born in Hawaii.

    MCRAE: OK.

    TRANSLATOR OGOMBE: Yeah, in 1960 this was Hawaii, where his father, his father was also marrying there. This was Hawaii.

    MCRAE: OK.

    TRANSLATOR OGOMBE: Yeah.

    MCRAE: Was, was, was Mrs. Obama, was sh–was she present? Was, was Mrs. Obama, see I thought you said she was present. Was she, was, was she, was she able to see him being, being born in, in Hawaii?

    TRANSLATOR OGOMBE: (pause, silence) Hoh? (pause) Uh, yeah would you please pronounce?

    MCRAE: OK I’m sorry. I, I thought she said she was present when he was born. I was—

    TRANSLATOR OGOMBE (sounding exasperated): No, no! The, the woman was not present. She was uh not, a what–you see, she was here in Kenya, and Obama was born in America. That is, that’s obvious.

    MCRAE: OK.

    TRANSLATOR OGOMBE: Because, because the grandmother was married here in Kenya, and Obama was born in America, oh yeah, so his son, the little Obama, was marrying, was marrying, in America, in United States.

    MCRAE: Oh, OK, fine. I mean, I–I just, I misunderstood what she was saying. I thought you said she was present when he was born.

    TRANSLATOR OGOMBE: No, not present there. The present with me here was tonight. Not present so she can leave. No she was here in Kenya while he, uh, her son, the little Obama, was marrying in America. And, uh, he be present if it–

    WOMAN’S VOICE (background): It was in Hawaii.

    TRANSLATOR OGOMBE: –was in America there, why are they for, they go, they go, they go to some place, then the present isn’t here sir, he was born there in America.

    End quote

    Re: “Hawaii State law bars the release of a certified birth certificate to anyone who does not have a tangible interest.”

    That is true. In June 2007 they sent a copy to Obama. He has an interest, and he gave it to his campaign, and they showed copies to both Politifact and Factcheck and posted it.

    Re: How is it so many copies are circulating around and in the news?

    Because Obama posted it and showed it to FactCheck and Politifact.

    The newspaper notices are copies from the microfilms of the files of the newspapers and from a library.

    Re: ‘forged.”

    Obama’s posted birth certificate is not forged. Only two guys who will not give their real names have said that it is forged. No official body has said that it is forged, and instead the two officials of Hawaii have confirmed the facts on it. Neither McCain nor Hillary have said that it is forged, and no official body said that it was forged.

    Re: “Obama’s ‘birth certificate’ not acceptable in Hawaii?”

    That is totally made up. It refers to the DHHL, the Department of Hawaiian Homelands, which does not use birth certificates to prove birth in Hawaii. It uses them to prove whether a person is of Hawaiian RACE. It never said that it did not accept the new short-form birth certificate. It said that it preferred the original—which some people still have since their families did not lose the original. But what about when people have lost the original birth certificate? I asked the DHHL that, and they replied that they—like ALL the other departments in Hawaii accept the short-form certification as proof of birth in Hawaii—and then they will try to find other documents that confirm the race of the person.

    Re: “The website of the Department of Hawaiian Home Lands, however…is not acceptable as a form of identification to qualify under this program.”

    This is untrue, as I said. DHHL never said that the COLB is not acceptable. It said that it preferred the original. It says that it DOES accept the COLB as proof of birth in Hawaii. And, by the way, the US State Department and the branches of the US military also say that they accept Hawaii’s short-form birth certificate as proof of birth in the USA.

    Getting back to Kenya. If you do not believe the transcript I quoted, here is the tape recording. Listen to the complete tape, until after the question “Whereabouts was he born?” http://www.obamacrimes.info/Telephone_Interview_with_Sarah_Hussein_Obama_10-16-

    This is what the National Review had to say about the Kenya myth:

    “The theory that Obama was born in Kenya, that he was smuggled into the U.S., and that his parents somehow hoodwinked Hawaiian authorities into falsely certifying his birth in Oahu, is crazy stuff.”

    Why is it so crazy? Not merely because there is legal proof that Obama was born in Hawaii. Not merely because there isn’t any evidence that Obama’s mother went to Kenya (which is truly unlikely because Yellow Fever was endemic at the time and that is REALLY bad during pregnancy). Not merely because there are no documents from Kenya. Not merely because the Kenyan grandmother did not say that Obama was born in Kenya but said that he was born in Hawaii.

    The final fact is that it is not possible to take a child born in Kenya to the United States without US travel documents that would prove that the child was taken from Kenya to the United States. I am referring to either a US visa on a British passport, or the issue of a US passport to the child IN KENYA, or the change to his mother’s US passport to include the child IN KENYA. Any of those documents would have had to have been applied for, and the files of the applications would still exist and would have been found long before now when the US State Department was under the Republicans (which was until January 2009).

    At this point I sometimes get birthers saying “ah but the passport files in the State Department were tampered with.” First, that is not true. The files were reportedly accessed, meaning looked at, but no one has ever said that the were changed or deleted. Second, the files that I am referring to are not passport files, but records of applications for visas or passports or changes to passports in Kenya in 1961. There have been no reports that such files were tampered with.

    Obama was not born in Kenya. He was born in Hawaii, as his official birth certificate from Hawaii shows, and the facts on it were confirmed twice by the two top officials of the Department of Health of Hawaii, who are members of a Republican governor’s administration.

    In the latest confirmation, the head of the department said:

    “”I, Dr. Chiyome Fukino, director of the Hawaii State Department of Health, have seen the original vital records maintained on file by the Hawaii State Department of Health verifying Barack Hussein Obama was born in Hawaii and is a natural-born American citizen.” (http://www.usatoday.com/news/nation/2009-07-27-obama-hawaii_N.htm)

    This definitive statement, by the way, indicates that the original was not an amended birth certificate or a delayed birth certificate or that Obama was born without a witness being present. All birth certificates other than a simple hospital-generated birth certificate require a delay of at least a month before being issued, and there was no delay in Obamas’ case as shown by the dates of the notices in the newspapers.

    And, no, you cannot get a birth certificate in Hawaii that says on it “born in Hawaii” unless there is proof that the child was born in Hawaii. Obama’s birth certificate says “born in Hawaii” on it.

  10. Dear Ann:I’ve really tried to be a sport. Fact check.org, you use them as a source, do you know who funds them? I think you should let this go, you are re sawing sawdust. Factually all of your points from the get go have been either false or meaningless. I told you this was not an area that I have an interest. It makes no difference, you have no more proof, than I have rebuttals. The truth is out there, In closing why don’t you ask your buddy why he signed and executive order to block release of his everything sealed until 2048? Let it go my friend, I certainly will post you finding, the regular viewers to my site will find it entertaining. How about picking a new topic. Appreciate you taking the time to dig up the nonsense you did. It would have served you much better to have taken time to actually read the references provided.

    Is the long form birth certificate an issue? Not for people that are up to date. Believe me if the President wanted it he would get it and thats a big period.

    Fact check is not credible re: Obama I believe you were sent documentation that showed the contradictions. Try googling something error about obama and factcheck.org

    Garbled transmission shown to be false, it is very obvious that you are not interested in getting to any modicum of what is really going on. Painfully I read your entire post, you have not put in a legitimate source. I’m going to post for my readers entertainment, don’t plan on hearing from them, they are busy as well.

    Obama stonewalls, it was a fake proven by experts in the field..You know what your absolute ignorance is so stunning that I choose not to go on. Come back when you can make reasoned intelligent honest observations that are sourced. Sorry I don’t have time to play games with you any more. Peace love dove darling, someday you will wake up. Jim

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s