Can a sitting President be indicted criminally instead of being impeached?


“CRIMINAL PROCEEDINGS AGAINST BARACK HUSSEIN OBAMA!”


Gary G. Kreep, Esq.

Executive Director

United States Justice Foundation

USJF to continue case against Obama

I have pondered and reflected on those words. Who would have ever thought that a President, or someone sitting in the Oval office claiming to be President, would ever have criminal charges brought against him or her? A sitting President cannot be charged with a crime until he or she is successfully impeached and removed from office. But the criminal overtones are still there!

When I was finishing law school, I would have never in my wildest dreams, have imagined that I might sue a U. S. President, or someone claiming to be the President. I never remotely considered doing anything like that because, after all, a President is a President, and deserving of the respect of the American people.

However, never before in the history of this great nation have the American people been forced to consider the real possibility that the person occupying the Oval Office may not be our President at all. The facts and what evidence has been revealed suggests that it is a very real likelihood that Barack Hussein Obama is not our President!

List of crimes committed below.

Barrack Obama has come under substantial scrutiny since his rise to national prominence as the Democratic National Committee Presidential nominee, throughout his presidential campaign and his election in November of 2008. From 2008 until today, the evasively avoided questions as to whether he is a naturally born citizen of the United States have never been answered, even though he produced, in 2009, a Certification of Live Birth which was issued by the State of Hawaii. Under Hawaiian law, a Certification of Live Birth is NOT a Certificate of Live Birth. It is a declaration by a parent or parents, or others, that, without eye witness evidence to affirm it, they are making the claim that their offspring was born with the intention that he or she would be a resident of Hawaii. Thus, a Certification of Life Birth is not evidence of birth in Hawaii, nor does it affirm that individual’s claim of “natural-born” status. That is why Barack Hussein Obama has reportedly spent over $2,000,000.00, to date, to shield all information about his past—including his elementary school records in Indonesia. Mr. Obama’s attempt to circumvent the transparency in his administration that he campaigned on has done little to quiet those who demand that Mr. Obama produce the birth records to affirm his eligibility to initially run for, and to serve as, the President of the United States. This is especially of those of us who fight for the U. S. Constitution at the United States Justice Foundation (USJF)!

As you probably already know, USJF has been involved in a number of cases that have raised challenges to Mr. Obama’s occupancy of the Oval Office. These cases have been filed on behalf of individuals and political candidates in California over Mr. Obama’s presence on the 2008 election ballot, and in an attempt to force him to produce proof of his eligibility to serve as President before his name can be placed on the 2012 California ballot.
There is a tremendous amount of interest in the “Obama Eligibility” question. I’ve been on several television and numerous radio interview shows. More and more Members of Congress, and even Sarah Palin, have come in line with the clear thinking that Mr. Obama MUST show his actual birth certificate just to be on the ballot. USJF is going to do everything that we can to make sure that it will be absolutely required for the 2012 Presidential election!

The far left is arguing that the birth issue is settled, since Barack Obama is a sitting President; and that he should not be dogged with the same questions in 2012 that he faced—and purportedly answered in 2008. Let me answer that “argument” with this adage: “Fool me once, shame on you. Fool me twice, shame on me.” Since the political machines on both sides of the aisle will not “gear up” to asking the hard questions, and demanding the answer, it is up to the American people to do it.

The United States Justice Foundation staff has put in endless hours of research for the “final battle” that will come in court. Mr. Obama, and his cadre of expensive lawyers—(reports say that he has spent over $2 million for his legal team to hide the truth)—cannot hide forever!

Our legal research has shown how serious the criminal charges can be against Mr. Obama. YES—if he is found ineligible to serve as President because he is not a “natural born” citizen, he could be facing numerous felony charges, just under federal law alone! AND, every piece of legislation that Mr. Obama has signed will become null and void. AND, every political appointment made by Mr. Obama will be vacated… as will every program implemented by those officials, or action taken by them during their term in the Obama government.

If Barack Hussein Obama is not eligible to serve as President, he could be charged not only with the federal crimes listed below, but, potentially, with crimes in a number of states where he falsely represented that he was qualified to run for President—as could those people who helped him perpetrate this fraud. There could also be numerous challenges to everything that he ever did as “President.”
 Those potential federal criminal charges are as follows:

1. FALSE PERSONALTION OF OFFICER OR EMPLOYEE OF THE UNITED STATES (18 United States Code {U.S.C.} 912).

The U. S. Code says: “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.”

2. CONSPIRACY TO COMMIT OFFENSE OR TO DEFRAUD UNITED STATES. (18 U.S.C. 371)

The U. S. Code reads: “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.”

3. ACTIVITIES AFFECTING ARMED FORCES DURING WAR. (18 U.S.C. 2388(a))

The U. S. Code says: “(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 a 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.”

We have done exhaustive research into these potential, future, proceedings; that’s why I need you to stand with USJF right now, today!

As we approach the 2012 presidential campaign, we are still seeking the records which may confirm that Mr. Obama had a constitutional right to seek the office of President in 2008—the position that he now holds. We cannot let any candidate for the office of President be on the ballot in any State in the future if that person cannot verify that he or she is a U. S. Constitution, Article II eligible, candidate for the office. That is easily done by producing his or her long-form birth certificate. PLEASE CLICK HERE to make an URGENT DONATION to support our efforts to obtain the truth. Your gift to the United States Justice Foundation (USJF) will enable our legal staff to continue our current lawsuits, as well as to file new litigation, over the “eligibility” question!

I cannot give you all of the precise details of every one of these listed crimes, as Mr. Obama’s team will use that information against us in court. With all due respect, I must maintain some degree of discretion and even some degree of secrecy as I am sure that the “Obama Dream Team” is trying to monitor everything that we do and everything that we say in the public arena, such as through this update to our supporters!

Here are additional criminal charges that Mr. Obama could face:

4. FALSE STATEMENT IN APPLICATION AND USE OF PASSPORT. (18 U.S.C. 1542)

The U. S. Code says: “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 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.”

5. FALSE PERSONATION OF CITIZEN OF THE UNITED STATES (18 U.S.C. 911).

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.

6. PERJURY (18 U.S.C. 1621)

The U. S. Code says: 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 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.

All of these above listed crimes require a specific
Mens Rea, or intent that the acts be so accomplished. Mr. Obama knows, or at least should know, his place of birth and the status of his citizenship, as all, or nearly all, adults in the world do. If he was not born in Hawaii, then, he has, therefore, willfully and knowingly, made repeated false claims as to his citizenship, and this makes him absolutely liable for the above mentioned crimes against the United States.As you can see, there is much more at stake than just the question of where Mr. Obama was born. The United States Constitution is in jeopardy!This nation and its “leadership” need to obey our laws, to obey our Constitution! I respect the “OFFICE” of President, but I cannot respect a person who may have achieved that office illegally!!Please, make your largest possible donation today, so that we can continue to press for the truth. Sooner or later, Mr. Obama will have to give the American people an accountability of his eligibility; or else, he will face criminal charges!

I look forward to hearing from you, as you do all that you possibly can to help us seek the truth; with much gratitude,

Gary G. Kreep, Esq.
Executive Director
United States Justice Foundation “CRIMINAL PROCEEDINGS AGAINST BARACK HUSSEIN OBAMA!”

I have pondered and reflected on those words. Who would have ever thought that a President, or someone sitting in the Oval office claiming to be President, would ever have criminal charges brought against him or her? A sitting President cannot be charged with a crime until he or she is successfully impeached and removed from office. But the criminal overtones are still there!

When I was finishing law school, I would have never in my wildest dreams, have imagined that I might sue a U. S. President, or someone claiming to be the President. I never remotely considered doing anything like that because, after all, a President is a President, and deserving of the respect of the American people.

However, never before in the history of this great nation have the American people been forced to consider the real possibility that the person occupying the Oval Office may not be our President at all. The facts and what evidence has been revealed suggests that it is a very real likelihood that Barack Hussein Obama is not our President!

Barrack Obama has come under substantial scrutiny since his rise to national prominence as the Democratic National Committee Presidential nominee, throughout his presidential campaign and his election in November of 2008. From 2008 until today, the evasively avoided questions as to whether he is a naturally born citizen of the United States have never been answered, even though he produced, in 2009, a Certification of Live Birth which was issued by the State of Hawaii. Under Hawaiian law, a Certification of Live Birth is NOT a Certificate of Live Birth. It is a declaration by a parent or parents, or others, that, without eye witness evidence to affirm it, they are making the claim that their offspring was born with the intention that he or she would be a resident of Hawaii. Thus, a Certification of Life Birth is not evidence of birth in Hawaii, nor does it affirm that individual’s claim of “natural-born” status. That is why Barack Hussein Obama has reportedly spent over $2,000,000.00, to date, to shield all information about his past—including his elementary school records in Indonesia. Mr. Obama’s attempt to circumvent the transparency in his administration that he campaigned on has done little to quiet those who demand that Mr. Obama produce the birth records to affirm his eligibility to initially run for, and to serve as, the President of the United States. This is especially of those of us who fight for the U. S. Constitution at the United States Justice Foundation (USJF)!As you probably already know, USJF has been involved in a number of cases that have raised challenges to Mr. Obama’s occupancy of the Oval Office. These cases have been filed on behalf of individuals and political candidates in California over Mr. Obama’s presence on the 2008 election ballot, and in an attempt to force him to produce proof of his eligibility to serve as President before his name can be placed on the 2012 California ballot.There is a tremendous amount of interest in the “Obama Eligibility” question. I’ve been on several television and numerous radio interview shows. More and more Members of Congress, and even Sarah Palin, have come in line with the clear thinking that Mr. Obama MUST show his actual birth certificate just to be on the ballot. USJF is going to do everything that we can to make sure that it will be absolutely required for the 2012 Presidential election!

The far left is arguing that the birth issue is settled, since Barack Obama is a sitting President; and that he should not be dogged with the same questions in 2012 that he faced—and purportedly answered in 2008. Let me answer that “argument” with this adage: “Fool me once, shame on you. Fool me twice, shame on me.” Since the political machines on both sides of the aisle will not “gear up” to asking the hard questions, and demanding the answer, it is up to the American people to do it.

The United States Justice Foundation staff has put in endless hours of research for the “final battle” that will come in court. Mr. Obama, and his cadre of expensive lawyers—(reports say that he has spent over $2 million for his legal team to hide the truth)—cannot hide forever!

Our legal research has shown how serious the criminal charges can be against Mr. Obama. YES—if he is found ineligible to serve as President because he is not a “natural born” citizen, he could be facing numerous felony charges, just under federal law alone! AND, every piece of legislation that Mr. Obama has signed will become null and void. AND, every political appointment made by Mr. Obama will be vacated… as will every program implemented by those officials, or action taken by them during their term in the Obama government.

If Barack Hussein Obama is not eligible to serve as President, he could be charged not only with the federal crimes listed below, but, potentially, with crimes in a number of states where he falsely represented that he was qualified to run for President—as could those people who helped him perpetrate this fraud. There could also be numerous challenges to everything that he ever did as “President”.

As we approach the 2012 presidential campaign, we are still seeking the records which may confirm that Mr. Obama had a constitutional right to seek the office of President in 2008—the position that he now holds. We cannot let any candidate for the office of President be on the ballot in any State in the future if that person cannot verify that he or she is a U. S. Constitution, Article II eligible, candidate for the office. That is easily done by producing his or her long-form birth certificate. PLEASE CLICK HERE to make an URGENT DONATION to support our efforts to obtain the truth. Your gift to the United States Justice Foundation (USJF) will enable our legal staff to continue our current lawsuits, as well as to file new litigation, over the “eligibility” question! Those potential federal criminal charges are as follows:

1. FALSE PERSONALTION OF OFFICER OR EMPLOYEE OF THE UNITED STATES (18 United States Code {U.S.C.} 912).

The U. S. Code says: “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.”

2. CONSPIRACY TO COMMIT OFFENSE OR TO DEFRAUD UNITED STATES. (18 U.S.C. 371)

The U. S. Code reads: “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.”

3. ACTIVITIES AFFECTING ARMED FORCES DURING WAR. (18 U.S.C. 2388(a))

The U. S. Code says: “(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 a 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.”

We have done exhaustive research into these potential, future, proceedings; that’s why I need you to stand with USJF right now, today!

I cannot give you all of the precise details of every one of these listed crimes, as Mr. Obama’s team will use that information against us in court. With all due respect, I must maintain some degree of discretion and even some degree of secrecy as I am sure that the “Obama Dream Team” is trying to monitor everything that we do and everything that we say in the public arena, such as through this update to our supporters!

Here are additional criminal charges that Mr. Obama could face:

4. FALSE STATEMENT IN APPLICATION AND USE OF PASSPORT. (18 U.S.C. 1542)

The U. S. Code says: “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 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.”

5. FALSE PERSONATION OF CITIZEN OF THE UNITED STATES (18 U.S.C. 911).

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.

6. PERJURY (18 U.S.C. 1621)

The U. S. Code says: 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 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.

All of these above listed crimes require a specific
Mens Rea, or intent that the acts be so accomplished. Mr. Obama knows, or at least should know, his place of birth and the status of his citizenship, as all, or nearly all, adults in the world do. If he was not born in Hawaii, then, he has, therefore, willfully and knowingly, made repeated false claims as to his citizenship, and this makes him absolutely liable for the above mentioned crimes against the United States.As you can see, there is much more at stake than just the question of where Mr. Obama was born. The United States Constitution is in jeopardy!This nation and its “leadership” need to obey our laws, to obey our Constitution! I respect the “OFFICE” of President, but I cannot respect a person who may have achieved that office illegally!!Please, make your largest possible donation today, so that we can continue to press for the truth. Sooner or later, Mr. Obama will have to give the American people an accountability of his eligibility; or else, he will face criminal charges!

I look forward to hearing from you, as you do all that you possibly can to help us seek the truth; with much gratitude,

Gary G. Kreep, Esq.
Executive Director
United States Justice Foundation

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56 responses to “Can a sitting President be indicted criminally instead of being impeached?

  1. All criminals should be prosecuted, especially those who make the laws, and have a mandate to serve our country, but fail to do so, conducting themselves criminally

  2. We may not be able to impeach him but we the people can get congress to take action! This is a call to action my fellow patriots! Please check out the website upholdtheconstitutionact.com and then do your part! If we the people make a big enough ruckus they will have to take action! Thanks!

    • Thanks for your comments, would you like to post my article on your site? It’s a path with Congress, I’ve been turned down before by Boehner, Cantor, Issa and my own congressman, the same nonsense Hawaii says he was born here that’s good enough for us. One of my friends commented, if you want obama the monkey/buffoon out of office organize 5 million people to march on Washington DC.have them stay there until he is gone..the logistics and the game plan are very very doable…all it takes is initiative,balls and marketing.seriously folks think about it..are the soldiers in our armies gonna fire on 5 million citizens?Hell no there not,,they are just like you and me(well the enlisted man is).Id bet that 2 weeks of 5 mill people camping in front of the White House would get that piece of crap obama out of the W H.CAN U IMAGINE THE MEDIA COVERAGE,,,AND THE OUTCRY FROM THE CITIZENRY?…and if it starts a civil war,,too bad its a long time coming. The link is here. http://dancingczars.wordpress.com/2011/05/21/where-are-the-generals-and-admirals-at-america%E2%80%99s-darkest-hour/

  3. Gary was my attorney (for my Soetoro ballot challenge) before he became a Superior Court Judge. One of his associates has taken over my appeal. The basic reason my Sacramento Superior Court case was dismissed by the corrupt Judge Michael P Kenny was because he agreed that the Secretary of State of California did not have the “duty” to uphold the U.S. Constitution.

    This explains why the constitution has been dead for many years. No one upholds the constitution unless it suits their case and once they get their way, they return to their anti-constitutional government.

    Soetoro is an illegal alien. He has NO constitutional protections to remain in office…PERIOD! The only reason he remains is because most American are afraid to lose their turn at the public trough. 47% of all Americans suck at the public tit, and the other 53% are afraid of their own shadow. How many people today are going to let the Soetoro crime-cabal force Marxist SOETORO-CARE (aka Obamacare) up their rectums? Or, how many people are outraged at the Sodomites taking control of the public mindset? This is why I call it USA = United Sodomites of America. None of you are brave enough to bend over and pull up your pants and stop taking it up your behinds!

  4. Edward C. Noonan
    Founder & National Committee Chairman:
    American Resistance Party
    2002 Winner AIP Primary – Secretary of State (CA)
    2006 Winner AIP Primary – Governor (CA)
    2010 Winner AIP Primary – US Senate (CA)
    2012 Winner AIP Primary – President of the United States (CA)
    http://www.americanresistanceparty.org
    http://americanresistanceparty.blogspot.com/

  5. If Obama is not “a natural born Citizen” or has renounced such citizenship, he is simply not eligible for “the Office of President” (Article II, Section 1, Clause 4). That being so, he cannot be “elected” by the voters, by the Electoral College, or by the House of Representatives (see Amendment XII). For neither the voters, nor the Electors, nor members of the House can change the constitutional requirement, even by unanimous vote inter sese (see Article V). If, nonetheless, the voters, the Electors, or the members of the House purport to “elect” Obama, he will be nothing but a usurper, because the Constitution defines him as such. And he can never become anything else, because a usurper cannot gain legitimacy if even all of the country aid, abets, accedes to, or acquiesces in his usurpation.

    If Obama dares to take the Presidential “Oath or Affirmation” of office, knowing that he is not “a natural born Citizen,” he will commit the crime of perjury or false swearing (see Article II, Section 1, Clause 7). For, being ineligible for “the Office of President,” he cannot “faithfully execute the Office of President of the United States,” or even execute it at all, to any degree. Thus, his very act of taking the “Oath or Affirmation” will be a violation thereof! So, even if the chief justice of the Supreme Court himself looks the other way and administers the “Oath or Affirmation,” Obama will derive no authority whatsoever from it.

    Third, his purported “Oath or Affirmation” being perjured from the beginning, Obama’s every subsequent act in the usurped “Office of President” will be a criminal offense under Title 18, United States Code, Section 242.

    If Obama does become an usurper posturing as “the President,” Congress cannot even impeach him because, not being the actual President…

    Read more at http://www.wnd.com/2011/07/321969/#R2Qw3B0agM000jbK.99
    http://www.wnd.com/2011/07/321969/

  6. Obama has usurped the Presidency during time of war. He is NOT authorized to be found “Lurking” in any place wherein the conduct of the war is engaged in. Every time Obama enters a naval base,military base,the Pentagon,a defense contractor’s facility ,a battle ground or any other such place,Obama is breaking the law. He is a spy under the UCMJ at Section 906, Article 106

  7. Impeachment is NOT the appropriate course of action to remove a fraud and usurper from an office that he/she does not hold in the first place. Obama has never BEEN the bona-fide POTUS. He can be arrested on a simple arrest warrant. It is Prima facie that Obama does NOT meet the definition of a “Natural-Born Citizen”. That is “One born IN the United States…” (Jus Soli) IN ADDITION TO having been born “Of Parents who were/are both Americans” at the time of the candidates birth. This was affirmed by SCOTUS in Minor v Happersett.

  8. Jus Soli + 100% Jus Sanquinis= Natural-Born Citizen
    The absence of one part of the equation negates the other. 1+0 does not equal 2.

  9. “A sitting President is NOT IMMUNE from acts that he/she committed prior to taking Office”- Clinton v Jones,USSCt.

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