Keyes v. Bowen, Obama, Biden OPPOSITION TO RESPONENTS' MOTION FOR JUDGMENT ON THE PLEADINGS

AMBASSADOR DR. ALAN KEYES (herein referred to as "KEYES"), a resident of the State of Maryland, and DR. WILEY S. DRAKE, SR. (herein referred to as "DRAKE"), and MARKHAM ROBINSON (herein referred to as "ROBINSON"), each a resident of the State of California, all Petitioners herein, hereby submit their PETITIONERS' POINTS AND AUTHORITIES IN OPPOSITION TO RESPONDENTS' MOTION FOR JUDGMENT ON THE PLEADINGS (hereinafter referred to as "OPPOSITION").

On November 13,2008, PETITIONERS filed a Writ of Mandate seeking to enjoin the California Secretary of State and the California Electors of the Democratic Party from certifying the election of Former Senator Obama (hereinafter referred to as "OBAMA") and Former Senator Biden (hereinafter referred to as "BIDEN") to the Office of President and Office of Vice President, respectively, of the United States. RESPONDENTS submitted a Demurrer and Judgment on the Pleadings on or about January 2, 2009. Since that time circumstances have changed as OBAMA and BIDEN have been inaugurated to their respective offices. Therefore, PETITIONERS are filing an Amended Writ of Mandate along with OPPOSITION.

The Office of the Secretary of State of California is the California agency responsible for certifying candidates for inclusion on the ballot. Historically, California Secretaries of State have exercised their due diligence by reviewing necessary background documents, verifying that the candidates that were submitted by the respective political parties as eligible for the ballot were indeed eligible, In 1968, the Peace and Freedom Party submitted the name of Eldridge Cleaver as a qualified candidate for President of the United States. The then SOS, Mr. Frank Jordan, found that, according to Mr. Cleaver's birth certificate, he was only 34 years old, one year shy of the 35 years of age needed to be on the ballot as a candidate for President. Using his administrative powers, Mr. Jordan removed Mr. Cleaver from the ballot. Mr. Cleaver unsuccessfully challenged this decision to the Supreme Court of the State of California, and, later, to the Supreme Court of the United States. Similarly, in 1984, the Peace and Freedom Party listed Mr. Larry Holmes as an eligible candidate in the Presidential primary. When the then SOS checked his eligibility, it was found that Mr. Holmes was similarly not eligible, and Mr. Holmes was removed from the ballot. In the last election, there was a similar situation in that the Democratic Party nominated Former Senator Barack Obama as candidate for President.

There are a number of reasons that could make OBAMA ineligible to serve as President of the United States. On August 21, 2008, Mr. Phillip J. Berg, former Deputy Attorney General of the State of Pennsylvania, filed a legal action against OBAMA and the Democratic National Committee, With his action, and in the subsequent appeal to the Supreme Court of the United States, Mr. Berg provided documents to the effect that OBAMA was born in what is now Kenya (the British East African Protectorate of Zanzibar at the time) and that his paternal step-grandmother was present at his birth. OBAMA claims that he was bom in Hawaii. According to statements made by his half-sister, Maya Soetoro Ng, he was born in Kapiolani Hospital in Hawaii. According to his biography posted on Wikipedia. OBAMA was born in Queens Hospital in Hawaii. However, he has never provided the original hospital birth certificate from 1961, with the name of the hospital and the name and the signature of the doctor in attendance. All that OBAMA has poste ed on his website is a Registry of Live Birth (short version), obtained in 2007, that does not provide the name of the hospital or the doctor. Clearly, one human being cannot be bom in three different places. Hawaii Revised Statute 338-178 allows registration of birth in Hawaii for a child that was born outside of Hawaii to parents who, for a year preceding the child's birth, claimed Hawaii as their place of residence.

The only way to know where OBAMA was actually born is to view OBAMA's original birth certificate from 1961 that shows the name of the hospital and the name and signature of the doctor that delivered him. From August 2), 2008, OBAMA has refused to provide his original birth certificate, even though, in his book, Dreams of My Father, page 26, he states, "... I found the article folded between my birth certificate and old immunisation records..." which shows that he clearly has his birth certificate, or that he lied in his book. Particularly telling is the fact that not one single person has come forward, not a doctor, not a nurse, not a hospital administrator, nor anyone else, to state that he or she was present during this birth, except for OBAMA's paternal step-grandmother, who affirmed that she "was in the delivery room in Kenya when he was born Aug. 4, 1961." Additionally, when Mr. Berg served subpoenas on the hospitals mentioned above, OBAMA refused to sign a consent form that would allow the hospitals to release any of his information. Instead, OBAMA has hired three law firms to defend himself, and has challenged the action by Mr. Berg on a technicality, claiming that an ordinary citizen does not have standing to bring the suit. This matter is currently being reviewed by the U.S. Supreme Court. The parties in this case have standing to bring this litigation, due to the fact that Dr. Keyes and Dr. Drake, Sr., are candidates on the California ballot for President and Vice President of the United States, and Mr. Robinson is an Elector for the Keyes-Drake ticket, and Vice Chairman of America's Independent Party, of Fenton, Michigan, which nominated Dr. Keyes for President. He is also a Chairman of the American Independent Party (California), which nominated Dr. Keyes and Dr. Drake for President and Vice President, respectively. Based on the foregoing, it is imperative for SOS to be provided proof that OBAMA is a "natural born" citizen.

RESPONDENTS argue that PETITIONER'S writ fails to show any affirmative duty on the part of either OBAMA or BIDEN to show eligibility for the Office of President. The U.S. Constitution, however, requires that in order for a candidate to be eligible for the Offices of the President or Vice President is for the candidate, among other requirements, to be "a natural born Citizen" of the United States (U.S. Const. Ait II, § 1, Cl. 4). As was alleged in PETITIONER'S PETITION FOR WRIT OF MANDATE, there are a number of unresolved questions regarding whether OBAMA is a natural born citizen of the United States. In addition, courts have held that a candidate or his political party has standing to challenge the inclusion of an allegedly ineligible rival on the ballot, on the theory that doing so hurts the candidate's or party's own chances of prevailing in the election (See, e.g., Tex. Dem. Party v. Bcnkiser, 459 F.3d 582, 586-87 & n. 4 (5th Cir.2006); Schulz v. Williams, 44 F.3d 48, 53 (2d Cir.1994); Fulani v, Hogsett, 917 F.2d 1028, 1030 (7th Cir.1990)). Because there are unresolved questions regarding OB AMA' S eligibility for the Office of President and since KE YES was a candidate and competitor against OBAMA for that office, OBAMA, KEYES' chance of winning the Presidential election was unfairly hurt by OBAMA if he was an ineligible rival. In addition, if there is no way with which to challenge a presidential candidate's eligibility for the Office of President, ihen the eligibility clause of U.S. Const. Art II, § 1, Cl. 4 has been effectively vitiated, and the requirement can be disregarded.

RESPONDENTS argue that, because the 2008 presidential election is over and because the actions sought to be enjoined have already taken place that this issue is moot. However, this issue is not moot because the issues presented in the WRIT OF MANDATE are ongoing and will continue unless and until the writ of mandate is issued against RESPONDENTS to compel them to follow California Election Law in future presidential elections.

Respectfully submitted February 11, 2009. /s/ Gary G Kreep, Esp. Attorney for Pettitioners

As soon as the Deniers learn Keyes has standing and damages. LOL! Enjoy.

Pigs will fly before that happens. The cases will all be dismissed in good time. Anyone who thinks otherwise is deluding himself.

In the mean time, Bambi will be the one laughing as all these tinfoil hat lawsuits distract the nation from the damage his policies are doing.

Take off the tinfoil, stop tilting at windmills, and do something substantive to oppose those policies.

Instead of throwing your money down the crapper by giving it to Berg or Orly, donate to the National Right to Work Foundation to oppose card check. Instead of wasting time on birther nonsense, sign a petition and call every congressman and senator you can to oppose Porkulus.

The dagger through heart of a denier ...

“... courts have held that a candidate or his political party has standing to challenge the inclusion of an allegedly ineligible rival on the ballot, on the theory that doing so hurts the candidate’s or party’s own chances of prevailing in the election (See, e.g., Tex. Dem. Party v. Bcnkiser, 459 F.3d 582, 586-87 & n. 4 (5th Cir.2006); Schulz v. Williams, 44 F.3d 48, 53 (2d Cir.1994); Fulani v, Hogsett, 917 F.2d 1028, 1030 (7th Cir.1990)). Because there are unresolved questions regarding OBAMA’ S eligibility for the Office of President and since KEYES was a candidate and competitor against OBAMA for that office, KEYES’ chance of winning the Presidential election was unfairly hurt by OBAMA if he was an ineligible rival.”

Keyes has standing. When will Obama stop trying to wiggle out of it on a technicality and start formulating an appropriate response to the allegation he’s not eligible?

...because there are unresolved questions regarding OBAMA’ S eligibility for the Office of President and since KEYES was a candidate and competitor against OBAMA for that office, KEYES’ chance of winning the Presidential election was unfairly hurt by OBAMA if he was an ineligible rival.”

Bhwahahahahahhah! Alan Keyes chances of winning hurt? ROFLOL.

I'm sorry, that's got to be the funniest thing I've read on FR in a long time.

How can your chances of winning be hurt when they are already zero to begin with?

Just when I thought Keyes couldn't say anything more nutty, he proves me wrong yet again!

This case is going to get laughed out of court. Keyes has never had any standing and never will.

Keyes has standing.

LOL. See post 24.

When will Obama stop trying to wiggle out of it on a technicality and start formulating an appropriate response to the allegation he’s not eligible?

He has already proved his eligibility beyond a reasonable doubt.

There have been several times in my life that people told me I could not do something, it would never happen, I shouldn’t even try.

One of the most significant was a piece of legislation in a state legislature. We were told it would never pass. My own state representative told me that I would never be able to persuade him to vote for it because of his prior occupation. That was after the first letter. After the second letter, he did wait to vote last, but he did vote for it and he did it in exactly the way I suggested to him. We got the votes of every representative in both chambers save five people.

I also didn’t think that there was much chance of stopping immigration reform during Bush 2, but people did stop it, and many freepers were involved.

Don’t say it can’t be done. Especially not to me. With effort and faith and prayer, it can be done. I don’t know which one of all the avenues that are being used will finally get it done, but it will get done.

Saying that Obama has proved his eligibility beyond a reasonable doubt is a negative measure of your intelligence and character.

I think most of us are doing all those things. We’re joining Committees of Safety, organizing in our communities (just like King Hussein!), handing out flyers, talking to people about the country’s problems and the evil of socialism, working at our professions and being good citizens. We all stood up to object to the Porkulus. But we still have a right to know whether or not the person acting as “president” is qualified to be there.

If someone asked you for your birth certificate or college records and it meant that you could qualify for the most prestigious job in the world, wouldn’t you release them? What about the FOIA? I’m writing to the State Dept. tomorrow to request Obama’s records. They’re supposed to be publicly available!

The Freedom of Information Act, Patients Rights and privacy laws, not to mention our rights under the Constitution and the Bill of Rights are all being trampled by the Obama administration. And, I predict there will be more ignored/ or scoffed at before he is through.
He has made good on his promise to form a national civil police force with the powers of the military, and he didn’t waste any time, either. Of what is he afraid? If you haven’t already done so, read the DoD Directive #1404.10, dated 1/23/2009. Then, go back and read between the lines.
This directive is an outrage.
For those who sign on to the Civilian Expeditionary Workforce, understand that when you are called to service it will be against friends and relatives who recognise this directive for what it really is. Understand, too, that you will have earned your new title of being a 21st Centruy Brown Shirt, and a proud member of the new world order. Just remember, stand up straight and “sieg heil!”

Dr. Orly -- WRITE EMAILS TO GET ORLY ON TV http://defendourfreedoms.us/2009/02/20/letters-needed-to-the-world-over-with-raymond-arroyo-in-ewtn.aspx Letters Needed to The World Over with Raymond Arroyo, in EWTN Dear Citizens, We need to get Orly on TV, one show at a time. Unfortunately only a very small minority of American citizens know that Obama is not a Natural Born Citizen, and we, you and me, need to change that PRONTO. The first TV show for Orly should be The World Over with Raymond Arroyo, in EWTN. Orly told me that she would love to appear in that show. Why that show? It is outside the networks, it has over 100 million viewers worldwide, tens of millions of viewers in the United States , and the host, Raymond Arroyo, is unapologetically critical of Obama. Mr. Arroyo has opened the doors for us, especially for us. At the end of his last show, he said that once a month he will interview one guest selected by the viewers via email. Thatʼs us. I need 3000, yes thatʼs three thousand, of you to send an email to raymond@raymondarroyo.com with only the word: Topics in the subject line. Those are his specific instructions. In the email (please be very polite) tell Raymond that you want him to interview Dr. Orly Taitz, Esq., the lawyer who has a case pending in the United States Supreme Court challenging Obamaʼs Natural Born Citizenship. If we get her on TV, and tens of millions of Americans watch what she has to say, then the cat is out of the bag. This site has three hundred and fifty thousand (350,000) hits per week; I only need three thousand of you. I need three thousand Patriots to step forward. Please do your share. Help her! Step forward! Sincerely, Carlos Vazquez

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