Wednesday, November 30, 2011

Complaint and Pre-Trial Order




Dr. Orly Taitz, ESQ.
29839 Santa Margarita  Parkway, Ste.100
Rancho Santa Margarita, CA 92688
Ph 949-683-5411 F949-766-7603
Orly.Taitz(algmail.com
CA Bar License 223433
Pro Hac Vice GA Attorney For Petitioners




OFFICE OF STATE ADMINISTRATIVE HEARINGS STATE OF GEORGIA


DAVID FARRAR, LEAH LAX, CODY JUDY,
THOMAS MacLAREN
                                                                                                                                                                       DOCKET#: OSAH-SECSTATE-.
CE-1215136-60-MALIHJ

Plaintiffs,


BARACK OBAMA, BRIAN KEMP, 
GA SECRETARY OF STATE, 
EXECUTIVE COMMITTEE OF THE 
DEMOCRAT PARTY OF GA


Defendant.




AMENDED COMPLAINT
FOR DECLARATORY RELIEF
INJUNCTIVE RELIEF

Filed: December 9, 2011

COMES NOW, Plaintiffs DAVID FARRAR ("Fanar"), LEAH LAX,("Lax"), CODY JUDY ("Judy"),  THOMAS MacLAREN  ("MacLAREN"), COMPLAINING AND AVERRING AS FOLLOWS:


This is an AMENDED  COMPLAINT, superseding  the original complaint filed only by Farrar on or about   NOV 9, 2011.


This  Amended  Complaint  adds  Plaintiffs  Lax,  Jud y and  MacLaren   who  ARE candidates  for the 2012  Presidential election  and, in the case of  Lax and Judy, for the Democratic  Primary Election as well as defendants Brian P. Kemp, Secretary of State  of the state of Georgia, Executive committee of the Democratic party of Georgia.
PARTI ES


1.   David Farrar- registered voter state of Georgia


2.    Leah Lax. presidential  candidate, registered  with the Federal  Elections Commission, running in the 2012 Democrat pa rty primary


3.   Cody  Robert  Judy,  presidential  candidate,  regi stered  with  the  Federal   Elections Commission,  running  in  the  2012  Democrat  party  presiden tial  primary,  hereinafter "Judy"


4.    Thomas   MacLeran,  Presidential  candidate,  registered   with  the  Federal   Election
Commission, hereinafter "MacLeran"


5.    Barack   Obama,   presidential    candidate,   regi stered   with   the   Federal   Election Commission, running in the Democratic  Party Presidential Primary,  hereinafter "Obama"


6.    Brian P. Kemp, Secretary of state, state of Georgia,  hereinafter "Kemp"


7.    Executive committee of the Democrat Party of Georgia, hereinafter "Committee"


SUMMARY OF THE COMPLAINT

Plaintiffs  pray  for  declaratory  and  injunctive  relief,  for  this  court  to  declare   that Defendant  Barack Obama  is not eligible to be on the ballot due to the fact, that recently obtained passport records show his legal name to be Barack Obama Soebarkah (Exhibit
10), not the name, listed on the November 1, 2011  nomination letter from the Executive Committee  of  the Democratic  Party  of Georgia.  One cannot  be on  the  ballot under a name,  that  is  not  legally  his.  


Additionally,  Obama 's  school  records  from  Indonesia, released by the Associated  Press, list him under the last name Soetoro (last name of his step  father,  Indonesian  citizen,  Lolo  Soetoro).  (Exhibit  11).  There  is  no evidence  of Obama  ever  legally  changing  his name  from Soetoro  or  Soebarkah  to Obama.  


Same school records show his citizenship to be Indonesian, which makes him ineligible as well. He does not satisfy the "natural  born citizen" constitutional  requirement for President to be on the ballot due to his foreign citizenship  and allegiance to three other nations and due to the precedent of Minor v Happersett  (88 U.S. 162 1875). 


Not only is Obama not qualified  to  be  on  the  ballot, but  evidence,   provided  in the  complaint,  shows  that defendant  Obama does  not  possess any valid  U.S. identification  papers  needed for the natural born status,  that in his tax returns and in his Selective Service certificate,  he is using a Connecticut  Social Security  Number: 042-68-4425, which according  to E-Verify and SSNVS  (Social Security Number Verification Systems) was never issued to Barack Obama.  (Exhibits  1 -7)  (Full unredacted  number is provided  in these pleadings, as it is being fraudulently  used). 


Additionally, multiple expert affidavits show Obama's recently released  alleged  copy  of  his  long  form  birth  certificate   to  be a  computer-generated forgery, created  by cutting  and pasting  bits and  pieces from  different  documents  and filling in the blanks with computer graphics, and not a valid document. (Exhibits 3, 8, 9).


Plaintiffs  are  seeking   injunctive   relief   preventing  the  Executive  committee   of  the Democrat Party and Secretary of State of Georgia  from placing Obama's name on  the ballot  in the Democrat 2012 primary, as well as 201 2 general election.


FIRST CAUSE OF ACTION

DECLARATORY RELIEF

APPLICABLE LAWS AND REGULATIONS


United States Constitution (U.S. Const. art. JJ, § 1) 


O.C.G.A. §§ 21-2-S(a) and (b)
O.C.G.A. § 21-2-193

The  case  of  Haynes v.  Wells,  538  S.E.2d  430  (Ga.  2000)  establishes   that a candidate seeking to hold office through an election in the state has the affirmative duty to prove their eligibility. The case notes that under the Official Code of Georgia, when filing a notice of candidacy, a candidate must swear by affidavit '·[t]bat  he or she is an el ector of the county or municipality of his or her residence eligible to vote in the election in which he or she is a candidate." Ga. Code An n.§ 21-2-132(e)(4)  (1998).


The court therefore  held, "Thus, the statutes place  the  affirmative obligation on Haynes  to establish  his qualification for  office. WeUs is not  required to disprove anything regarding Haynes's eligibility   to  run  for  office, as  the  entire  burden  is placed  upon  Haynes  to affirmatively establish  his eligibility  for  office. He failed  to make  that  showine;. Hence, his candidacy for the fifth  district seat  was invalid." See
Haynes, 538 S.E. 2d 430, 433 (Ga. 2000). (emphasis added)



This  principal  is expressed  in  earlier  decisions  by  the United  States  Supreme Court. For example  i n the case of Bute v. lllinois, 333 U.S. 640, 653 (1948), the court there stated:  "The burden of establishi ng a delegation of power to the United States  * * * is upon those making the claim." And if each of the General Government's powers must be proven (not simply presumed)  to exist, then every  requirement  that the Constitution sets for  any  individual's exercise  of those  powers  must  also  be  proven  (not  simply presumed) to  be fully  satisfied  before  that  individual may  exercise  any  of  those powers." (emphasis added)


In  0'Brien  v. Gross  (2006)  OSAH-SECSTATE-CE-0829726-60MALIH1,  this court noted the threshold standard that "all candidates for state office must meet all the constitutional  statutory   requirements  for    holding    the   office   sought  by   the candidate." O'Brien  at  page  11. The  court further cited   the  Haynes  decision  in support of its finding that  the Defendant in that  matter had  not  met  his burden of proving his eligibility   requirements for  the  particular office  he sought. (emphasis added)


While it is true that these cases construe statutes designed for those running for state  office, it is necessary  to argue by analogy  that the constitutional  principles  of the Georgia Constitution  are ensh rined in that statutory scheme and thus should  be observed by the Secretary of State in assessing  the qualifications of Presidential candidates who are to be placed on the Ballot i n the State of Georgia.




1.   The U.S Constitution  is the Supreme Law of the land. According to the U.S. Constitution Article 2, Section 1, Clause 4 a U.S. President has to be a natural born U.S. citizen.  ln 2008,  when  Mr. Obama  ran for the U.S.  Presidency, he was  never  vetted  and he never provided  an y val id documentary evidence of his natural  born status.


2.   A natural born citizen would be ex pected  to have valid U.S. identification papers, such as a valid long form  birth certificate and a valid Social
Securi ty number,  which  was lawfully obtained  by presenting a valid  birth certificate to the Social  Securi ty administration and which  can  be verified  through  official  U.S. Social Security veri fication  services, such  as E-Verify and SSNYS. The  most  glari ng evidence of Obama's lack of natural  born status and legitimacy  for the US Presidency, is Obama's lack  of most  basic  valid  identification  papers, such  as a va lid Social  Security  Number (''SSN.') and his use of a fraudulently obtained Social  Security  Number  from  the state of Connecticut  a  state  where   he  never  resided,  and  which  was  never  assigned  to  him
according in part to SSN verification systems "E-Verify" and SSNVS.


3.   Reports from  licensed investigator Susan   Daniels  ("Daniels") show  that for  most  of  his life  Obama   used  a  Connecticut Social  Security  Number  042-68-4425 issued  in 1977,  even  though he was never a resident  of the State of Connecticut.  ln 1977 Social  Security  numbers were assigned according to the state where  the Social  Security applications were submitted. In 1977 Obama  was nowhere  near Connecticut, but rather a young student at the Punahoa school  in Hawaii, where he resided.


4.    Additionally, according to the review  performed  by licensed  in vestigators Sankey  and  Daniels,  and  as publicly  available, national  databases revealed another  birth date  associated with  this  number. a  birth  date  of  1 890.  In or  around  1976-77, due  to changes  in the Social  Security  Administration, many elderly individuals who  never had Social  Security numbers before,  had  to apply  for  their Social  Security  numbers  for  the first  time  in  order  to  obtain  Social  Security Benefits. 


It  appears   that  the  number in question  was assigned  to an elderly  individual  in Connecticut, around March of 1977.  The death  of this  elderly individual was never  reported. aJ1d  from  aroUJ1d 1980  this number was fraudulently assumed  by Barack  Obama. See Exhibit 1 attached  hereto,  Affidavit of Susan  Daniels.


5.     Counsel  for  the  Plaintiffs  (Dr.  Taitz)  was  a delegate at  the  Continental Congress  Convention  in  2009,   where  she  had  a  discussion   on  the  matter   of  Barack Obama's fraudulent use of  the aforementioned Connecticut SSN  with  a recently  retired Senior  Deportation Officer  from  the  Department of  Homeland Security  ("DHS"), Mr. John  Sampson ("Sampson").  Sampson  provided Dr. Tai tz with an affidavit attesting to the fact that  indeed, according to national  databases, Obama  is using a Connecticut SSN even  though  there is no reasonable justification or explanation for such  use by one  who resided   in Hawaii  in and  around  the  time  the  Social  Security number  in question was issued.  See Exhibit 2 attached hereto, Affidavit  of John Sampson.


6. In 2010  Obama  posted  online  on  WhiteHouse.gov his 2009  tax  returns. Those  responsible for posting  those  returns  did  not "flatten" the  PDF  file thereof, so all the  layers  of modification of  the  file  became  visible  to  the  public.  One  of  the  pages contained   Obama's full  SSN   042-68-4425.  Taitz   received   an  affidavit   from   Adobe lllustrator  program  expert  Mr.  Chito   Papa  ("Papa") attesting to  the  fact  that  the  tax returns  initially  posted by Obama contained the Connecticut SSN 042-68-4425. While the file was later "flattened" and the SSN  can  no longer  be seen,  thousands  of U.S. Citizens and individuals aroUJ1d the world  were able  to obtain  the original  file with the full SSN. 


See Exhibit 7  attached hereto,  Affidavit  of Chito Papa.



7.         Counsel  herein,  Taitz   checked  an  official  site  for  Selective   Service SSS.gov.  She  entered  the  name  "Barack  Obama"  along  with  his  publicly  available all eged date of birth "08.04.1961" and Connecticut SSN 042-68-4425  (which Obama is using in his tax returns as indicated above).   Taitz received a verification  showing that Obama  registered  for  Selective  Service   using  the  Connecticut   SSN.  See  Exhibit  4 attached hereto, Selective Service Verification.
8.         Taitz received an affidavit from a witness named Linda Jordan ("Jordan"), who  ran an E-verify  check  for SSN  042-68-4425. According  to £-Verify,  there is  no match  between Obama's  name and  the SSN  he  used on his tax returns  and Selective Service application.  See Exhibit 5 attached hereto, Affidavit from Linda Jordan.
9. Taitz  received  an  email  from  a  U.S.  Army  officer,  Colonel  Gregory Hollister, whereby he did an independent check and found that indeed Obama  is using this Connecticut SSN. He also contacted SSNVS (Social Security Number Verification Systems)  and found  that  the number  Obama  is using was  never assigned  to him. See Exhibit 6 attached hereto, Email from Colonel Gregory Hollister.


10.   Recently Obama's uncle Onyango Obama was arrested for drunk driving and found to be using for employment  a Social  Security Number even  though he is an illegal  alien  and  not  allowed  to  work.    Obama's Aunt  Zeutuni  Obama  was  stealing taxpayer  dollars  by  living  in subsidized   housing  and  using  an. Indiana-issued  Social Security Number, even though he is an illegal alien and was never a resident of the State of Indiana. therefore, there  is a  pattern of muJtiple members  of Obama's  famil y using fraudulently obtained Social Security numbers, at Obama's behavior is true to that pattern of Social Security fraud and immigration fraud.


11. Obama's   close  associate,  William  Ayers,  in  his  book  Fugitive  Days, admitted to creating over a hundred fraudulent Social Security Numbers using names of deceased infants who did not get their Social Security numbers before their deaths. As he states in Fugitive Days, "After  the Baltimore fiasco, steali ng ID was forbidden. Instead we began to build ID sets around documents as flimsy as a fish ing license or a laminated card available in a Times Square novelty shop called "Official 10." We soon figured out that the deepest and most foolproof  ID had a government-issued Social Security card  at its heart, and the best source of those were dead-baby  birth certificates. I  spent impious days  over  the  next  several  months  tramping  through  rural  cemeteries  in  Iowa  and Wisconsin,  Illinois and North Dakota, searching  for  those sad little markers of people born between 1940 and 1950 who had died between 1945 and 1955. The numbers were surprising: two in one graveyard, a cluster of fourteen in another. Those poor souls had typically  been issued birth certificates- available  to us at any county courthouse for  a couple  of  bucks  and  a  simple  form  with  information  I  could  copy  from  the  death announcement at the archive of the local paper-but they had never applied for a Social Security card. Collecting  those birth certificates  became a smal l industry,  and  within a year we had over a hundred. For years I was a paper-made Joseph Brown, and then an Anthony Lee, remarkably durable identities. My on-paper official residences: a transient hotel in San Francisco and a warehouse in New  York." William  Ayers,  Fugitive  Days. Association and close friendship with Ayers is an additional indication and circumstantial evidence  of  Social  Security  fraud  by  Obama,  and  his  lack  of  valid   identification documents to prove not only natural born status, but any status for that matter.


12.       For nearly three years after his inauguration Obama refused  to provide to the public  his  long form  birth certificate.  On  April 27, 20II , when  Obama posted  his alleged long form birth certificate online, just as with his tax returns, he originally did not flatten  the file,  which  means  that  anyone  with  an  Adobe  Illustrator  program  on  his computer  could see layers of alterations  in this alleged "birth certificate" which looked like a complete  fraud  and  hoax.   Multiple  long fonn  birth certificates  from  1961 are available.  In those years green safety  paper was not available  and  was not used. Other birth certificates, as one for Susan Nordyke, born the next day on August 5, 1961, in the same  hospital, and signed  by the registrar on August 11 , 1961, show white paper  with yellow  aging  stains,  clear  borders,  raised  seal  and  a  lower  serial  number.  (Exhibit9) 0bama 's alleged birth certificate is on a safety paper, which was not used in 1961, does not have a clear paper, no raised seal, and the serial number is higher than the numbers issued later by the same Registrar. See Exhibit 3, 9.


13. According  to the affidavit  from Adobe Illustrator expert  Papa (Exhibi t 3,hereto), the released  image digital  file showed  layers of  alteration  of the alleged  birth certificate.  It showed  a  signature  of  Obama's  mother,  Stanley  Ann D.  Soetoro  (her married  name by her second  husband), where it looks as though "Soetoro" was erased, whited out and computer graphics used to add "unham Obama" and a signature "Stanley Ann  Dunham  Obarna"  was created  by pasting  and  filling  the  blanks  with  computer graphics.


14.   Taitz received an affidavit from scanning machines expert Douglas Vogt. ("Vogt") See  Exhibit 8  hereto,  Affidavit  of  Douglas  Vogt.  Vogt  attests  to  further evidence of forgery, such as different types of ink used. Some of the document shows as


"gray  scale" scanning, some as black and white scanning, and some as color scanning. It shows  different  types  of  letters  and  variations  in kerning,  meaning  some  letters  are encroaching  into the space of other letters which is possible only with computer graphics, not  with  a  typewriter   used  in  1961 .  Numerous  other  parameters   lead  to  the  same conclusion, that the document in question is not a copy of a 1961 typewritten document, but a computer-generated forgery, created  by cutting  and  pasting  bits and  pieces from different documents and filling in the blanks with computer graphics.


15.       It appears that Obama used a Social Security number of a deceased elderly individual, as well as a birth certificate number of a deceased  infant, to fabricate h is fal se identity. Research pointed to the fact that one Virginia Sunahara was born in Honolulu on August 4, 1961 and passed away the next day. Recently her surviving family member demanded to see  her long form bi rth certificate,  but the department  of Health provided Mr. Sunahara  onJy with a computer  generated  short form  birth certificate  with a serial n umber,  which  was suspiciousl y out of sequence  from all the  other  numbers  issued  to infants born August 4, 1961.


16. In spite of numerous demands, Director  of Health Loretta Fuddy refused to allow the inspection  of the original  birth certificate of either Obama or Sunahara in lieu of the alleged  certified  copy, and the Social Security  Administration  refused to provide even  a  redacted   application   for   Connecticut   SSN   042-68-4425,  which   Obama   is fraudulently  using.


17. Based  on all of the above, Obama does not have any valid identification papers, which are necessary to be a candidate on the ballot, running for the Presidency of the United States, as


required by Georgia Statute 


O.C.G.A.  §§ 21-2- 5 (a) and (b)


O.C.G.A. § 2 1-2-193


_           and Article 1, Section 2 of the United States Constitution.


I8.   Addi tionall y, the term "Natura]  Born Citizen," as it is applied to the U.S. Presidency, means one born in the country to citizen  paren ts. The plaintiffs submit  their evidence showing  that from the time of the adoption of the Constitution until today the standard  was "One  born in the country  to parents  who are  citizens  do not owe  their allegiance  to others." The  U.S.  Constitution  was  based in no small  measure  upon  the book The Law of Nations by Emer de Vattel, stating  that "Natural  Born  Citizens" are ones  born  in the "Nations   to citizens. (Emer  De  Vattel, The Law of  Nations, p. 499, section 212). A similar definition was used by John A Bingham, drafter of the 14th amendment  to the United States Constitution, who stated during Congressional Hearings that a "natural  born citizen  is  born in the U.S. Territories  to parents, who didn't  owe allegiance to other sovereignties." A similar definition  was used in the case of Minor v. Happersel , 88 U.S. 162 (1875).


19. In 2008  natural born citizenship  of John McCain  was questioned  as well due  to his birth in the zone of the  Panama  Canal. In Joint  Senate Resolution  511 the Senate  unanimously found  Senator  McCain  to be a "Natural  Born" U.S.  Citizen. The Senate used the same Vattel two pronged test and found McCain to be eligible for the presidency due to the fact that he was born in the Panama Canal zone to two parents who were U.S. Citizens. Obama's father was never a U.S.


citizen. He never had a green card. He was in the U.S. for a few years on a student visa and, as such, Obama did not satisfy either one of the two prongs of the test for natural born status. Even if this office was to subscribe  to a more liberal  modern definition  of natural  born citizen, Obama does  not qualify as he never proved his birth in Hawaii and is using a computer-generated forgery instead of a valid long form birth certificate and he is fraudulently  using a Social Security Number which was never assigned to him. This case shows an tmprecedented level of corruption  and lawlessness  in the federal government and in the government of Hawaii, which allowed Obama to get on the ballot in 2008. This lawlessness cannot continue. As such Plaintiffs demand, complain  and aver that Obama shall be removed from the ballot in the State of Georgia in the Democrat party primary and demand immediate criminal prosecution  of  Obama and  his accomplices  for elections  fraud, common law fraud  and uttering of forged documents.


SECOND CAUSE OF ACTION FOR INJUNCTIVE RELIEF


I.  Plaintiffs  incorporate  by reference  all  of  the previous  paragraphs  as  if fully  plead herein.


2.  Secretary  of state of Georgia has a ministerial duty to place candidates'  names on the ballot. O.C.G.A.  § 21-2-5  (c) The Secretary of State shall determine  if the candidate  is qualified to seek and hold the public office for which such candidate is offering. If the Secretary  of State determines  that the candidate  is not qualified, the Secretary  of State shall withhold the name of the candidate from the ballot or strike such candidate's  name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidate's name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted.



''The  burden of establishing  a delegation  of  power to the  United States  * * * is upon those making the claim." Bute v. Illinois, 333  U.S. 640, 653 (1948).  And if each of the
General Government's powers must be proven (not si mpl y presumed) to exist, then every requirement that the Constitution  sets for any individual's exercise of those powers  must al so be proven  (not  simply presumed)  to be fully  satisfied  before  that individual  may exercise any of those powers."


3. Obama is not eligible to be on the ballot.


4. Executive committee  of the Democrat Party of Georgia have a right and a ministerial duty to submit to the secretary of state names of candidates, eligible to be on the ballot.


5. Democrat, Presidential candidate in 2012 Presidential election,  Plaintiff Leah Lax was arbitrarily   forbidden  to  be  on  the  ballot  by  the  Executive  Committee.  Exhibit   1 2, Affidavit   by  Leah  Lax.  Presidential   candidate,   Democrat   Cody   Robert   Judy,   was similarly  kept  of  the  Democrat  Presidential   primary  ballot   by  the  committee,   when committee members arbitrarily stated that they decided to put only Obama n the ballot.


6. Due to the fact that Obama is not a natural born U.S. citizen and not eligible to be on the ballot, this honorable court is asked to issue an injunctive rel ief, an injunctive order prohibiting  Obama from  being on the ballot, due to lack of eligibility, and order to place other  candidates,  who  are  qualify  to  run  in the  Democrat  party  primary  presidential election  in the state of GA. If Obama  is not removed from the ballot,  this court and the office of the Secretary  of State of GA will become complicit  to elections fraud, Social




Security fraud, uttering of forged/ altered/fraudulently obtained  identification  papers and common law fraud of citizens of the state of GA and the U.S. as a whole.


7. Plaintiffs are asking this court to use its' inherent powers to prosecute Obama and individuals, who aided and abetted  him, for  firaud, committed  by Obama  during  2008 election.




Submitted this day of December  9, 20 I I ,




Dr. Orly Ta1tz, Esq.


I, John Carmichael,  ESQ  declare  that  I  am  not  a  party  to  this  case,  I served  the defendants in this  case by and through Michael Jablonski attorney for defendant Obama at michael.jablonskillt.comcast.nct Scott Kwain attorney for the defendant Obama at kwainscott(barackobama.com Honorable Brian P. Kemp


Secretary of State
214 State Capital Atlanta GA 30334 
hltp://sos.gcorgia.gov/cgi -bin/email.asp



Page Gleason Execu ti ve Director for the Executive committee of the Democrat Pa rty of Georgia at Page@GeorgiaDemocrat.org Is/ John Carmichael. ESQ


Orly Taitz, ESQ.
29839 Santa  Margarita Parkway, Ste. tOO
Rancho Santa  Margarita, CA  92688
Pb 949-683-5411 F949-766-7603
Orlv.Taitz(a gmail.com
CA Bar License 223433
Pro Hac Vice GA
Attorney For Petitioners






OFFICE OF STATE ADMINISTRATIVE HEARINGS STATE OF GEORGIA






DAVID FARRA R, LEAH LAX, CODY JUDY,
THOMAS MacLAREN
Plaintiffs,




  DOCKET#: OSAH-SECSTATE­
CE-1215136-60-MALIHI

v.


PRE-TRIAL  ORDER


BARACK OBAMA, BRIAN KEMP, GA SECRETARY  OF STATE,


EXECUTIVE COMMITTEE OF THE DEMOCRAT PARTY OF GA
Defendant.




Filed: December 9, 2011






COMES NOW the Plaintiffs and file the following Pre-trial Order:


(1) The name, address, phone number, fax number and E-mail address of the attomey(s) (or Prose party) who will conduct the hearing is as follows:


Dr. Orly Taitz, ESQ.
29839 Santa Margarita Parkway, Ste.100
Rancho Santa Margarita, CA  92688
Ph 949-683-5411 F949-766-7603
Orly.Ta itz(@,gmail.com


(2) The estimated time required for hearing:


Direct examination: Cross examination: Total:
6 hours
4 hours
10 hours


(3) The following motion(s) are pending/antici pated for consideration by the Court:


None anticipated by Plaintiffs.


(4) The issues for determination  by the Court are as follows:


A. Whether  Barack Obama  is eligible for the Presidential Ballot in Georgia. B. Whether other candidates should be allowed on the Presidential  Ballot in
Georgia.


(5) The following is an in depth outline of the case and contentions including specific statutes or rules or other source of law u pon which each issue is based and any special authorities rei ied upon (please attach a copy of any case, statute, rule, and/or regulation cited):


1.  For the reasons set forth at length in the First Amended Complaint, incorporated herein by this reference, the Plaintiffs contend  that Ba rack Obama  is not eligible to be placed on the Ballot in the State  of Georgia, and thus challenge his inclusion  by the Democratic Party  on the Ballot.


2. Further, the Plaintiffs (other than Farrar) request  the Court  to order  their inclusion on the Ballot.


APPLICABLE LAWS AND REGULATIONS 


United States Constitution (U.S. Const. art. II,§ 1, cl. 5) 

O.C.G.A.§§ 21-2-S(a) and (b)

O.C.G.A. § 21-2-193

The  case of Haynes  v. Wells,  538 S.E.2d  430 (Ga. 2000) establishes  that  a candidate seeking to hold office through  an election in the state  has the affirmative duty  to  prove  their  eligibility.  The  case  notes  that  under   the  Official  Code  of Georgia,  when  filing  a  notice  of candidacy, a  candidate must  swear  by affidavit "[t]hat he or she is an elector of the county or  municipality  of his or her  residence eligible to vote in the election in which he or she is a candidate." Ga. Code  Ann. § 2J-2-132(e)(4) (1998).


The court  therefore held, "Thus, the statutes place the affirmative obligation on Haynes to establish  his qualification for office. Wells is not required  to disprove anything   regarding Haynes's  eligibility  to  run  for  office, as  the entire  burden  is placed  upon Haynes  to affirmatively establish  his eligibility for office. He failed to make that showing. Hence, his candidacy  for the fifth district  seat was invalid." See Haylles, 538 S.E. 2d 430, 433 (Ga. 2000).


This principal  is expressed in earlier  decisions by the United States Supreme Court. For example in the case of Bute v. Illinois, 333 U.S. 640, 653 (1948), the court there stated: "The  burden  of establishing  a delegation of power to the United States * * * is upon  those making  the claim." And if each  of the General  Government's powers must be proven (not simply presumed)  to exist, then every requirement that the  Constitution sets  for  any  individual's exercise  of  those  powers


 must  also  be proven  (not  simply  presumed)   to  be fully  satisfied   before  that  individual   may exercise any of those powers."


         In O'Brien  v. Gross (2006) OSAH-SECSTATE-CE-0829726-60MALIHI, this court  noted the threshold  standard that "all candidates for state office must meet all the  constitutional statutory  requirements  for   holding  the  office  sought   by  the candidate." O'Brien   at  page 11. The  court  further cited  the  Haynes  decision  in support of its finding  that  the Defendant  in that  matter  had  not met his burden  of proving his eligibility requirements for the particular office he sought.
While it is true  that  these cases construe statutes designed for those running for state office, it is necessary  to argue  by analogy that  the constitutional principles of the Georgia Constitution are enshrined  in that statutory scheme and  thus should be observed  by the Secretary of State  in assessing the qualifications of Presidential candidates who are to be placed on the Ballot in the State of Georgia.




(6) The types of relief sought are stated as follows:


A. Injunctive Relief
B. Declaratory Relief
C.  An Order Excluding Barack Obama  from the Presidential Ballot in Georgia. D. An Order Allowing the Plaintiffs (other  than Farrar) to be included on the Presidential Ballot in Georgia.


(7) The following facts are stipulated (if any):


At present the Plaintiffs are not aware of any facts to which the Defendants have are willing to stipulate.


(8) The following is a list of all exhibits that will  be tendered at the hearing.  Unless noted, the parties have stipulated  as to the authenticity of the exhibits and the exhibits listed may be admitted  without further proof  of authenticity. All exhibits shall be marked by counsel prior to hearing. 


Parties shall consolidate exhibits by eliminating duplicates


and use a common  numbering system for joint exhibi ts so that one set of joint exhibits is presented to the Judge. Exhibits shall be pre-marked by the parties sequentiall y starting with "P-1" for the Plaintiff's exhibits, and "D-1" for the Defendant's exhibits.  A copy of the exhibits shall be given to the opposing party no Jess than 5 days before the hearing and to the Judge when first identified in the hearing.


Pl. Affidavit of Licensed investigator, certified by the Department of Homeland
Security, Susan Daniels, showing Obama  using a Connecticut  SSN 042-68-4425


P2. Affidavit of Senior Deportation Officer with the Department of Homeland Security John Sampson, showing that Obama is using Connecticut SSN 042-68-4425 and stating, that there is no legitimate reason for him to use a Connecticut SSN, as
he was never a resident of Connecticut


P3. Affidavit of Adobe Illustrator expert Felichito Papa, showing Obama's alleged true and correct copy of his birth certificate to be a computer generated forgery


P4. Affidavit of witness Linda Jordan, attesting to the fact, that SSN 042-68-4425, used by Obama, does not passE-Verify


PS. Affidavit of attorney  Orly Taitz, and Selective Service printout, showing Oba ma using CT SSN 042-68-44245


P6. Selective service certificate showing Obama  using SSN 042-68-4425 and official printout from Social Security Number  Verification Services, showing tha t 042-68-
4425 was never issued to Barack Obama, attached e-mail from Colonel Gregory
Hollister


P7. Affidavit of Adobe Illustrator expert Felichito Papa, showing that Obama is using CT SSN 042-68-4425 on his 2009 tax returns


P8. Affidavit of printing and scanning  machines expert Douglas Vogt, attesting to the fact, that Obama's alleged copy of his birth certificate, is indeed a forgery


P9. Hawaiian  birth certificate 61-00637 of Susan  Nordyke, born a few hours after Obama in Kapiolani Hospital, looks completely different from alleged copy of birth certificate of Obama


Pl0. Passport  records of Stanley Ann Dunham Obama, mother of Barack Obama, showing Obama  listed in her passport  under  the name Barack Obama Soebarkah, attached  affidavit  by Chris Strunk, recipient of Obama's passport  records  under FOIA