Registered Mail No. 7010 2780 0000 7484 1751
Certified Mail No. 7010 2780 0000 7484 1751
Gordon Warren Epperly
P.O. Box 34358
Juneau, Alaska 99803
Tel: (907) 789-5659
May 31, 2012
Ken Bennett
Secretary of State
State of Arizona
Capitol Executive Tower, 7th Floor
1700 West Washington Street
Phoenix, AZ 85007-2888
An Open Letter to Members of NASED
Honorable Ken Bennett
I would like to comment and make suggestions regarding your recent announcement of
placing the name of Barack Hussein Obama Jr. on the Arizona Election Ballots:
Barack Obama Jr. to appear on
Election Ballots for the State of Arizona
HONOLULU May 23, 2012 (The Blaze/AP) — The state of Hawaii. has verified
President Barack Obama‘s birth records to Arizona’s elections chief after a nearly threemonth back and forth that Arizona officials said could have ended without the
incumbent’s name on its November ballot.
Page 1 of 12
Joshua Wisch, special assistant to Hawaii Attorney General David Louie, told The
Associated Press in an email late Tuesday that the matter is resolved after Hawaii gave
Arizona the verification it was looking for.
(CNN) Bennett, a co-chairman of likely GOP presidential nominee Mitt Romney's
Arizona campaign, said he was only doing so at the request of his constituents.
"As Arizona's chief elections officer, I have the responsibility to certify the ballot
to the state's 15 counties," Bennett wrote in Wednesday's statement. "At the
request of numerous constituents, I merely asked Hawaiian officials to verify the
information contained within President Obama's original birth certificate. They
have complied with the request and I consider the matter closed."
But is the matter closed?
Announcement to place the name of Barack Hussein Obama Jr.
on Arizona General Election Ballots Premature
After receiving what is purported to be a “verified” copy of a Birth Certificate of
Barack Hussein Obama Jr. by the Arizona Secretary of State Ken Bennett,
an announcement was released to the Press that the name of Barack Hussein Obama Jr.
will be appearing on the year 2012 General Election Ballot for the State of Arizona.
This announcement is premature and without authority as the Democrats have not held
their National Political Party Convention nor has the Demorat National Committee
submitted any “Official Certification of Nomination” to any State of the Union declaring
that Barack Hussein Obama Jr. will be the Democrat Presidential Candidate.
No request made of Candidate, Barack Hussein Obama Jr.
to produce “Documents Of Eligibility”
There are no laws that require Presidential Candidates for the Office of President of the
United States to produce Documents as a Condition of Candidacy. This does not mean
that a Candidate has no obligation to produce “Documents of Eligibility” when his
qualifications of Office is brought into question.
Page 2 of 12
No one can speak for a Candidate, only the Candidate for a Public Office has the
authority to verify his / her Candidacy qualifications.
If that Candidate submits a
“Birth Certificate” into the Administrative Record of a State’s Election Office or any
Only after the Candidate has
other Document such as a “Passport” so be it.
submitted a Document into the Administrative Record may that Document be
brought into question of its authenticity.
The Arizona Secretary of State, Ken Bennett, had no authority to question the
authenticity of a Birth Certificate that had been issued in the name of
Barack Hussien Obama Jr. and the Hawaii State Department of Health was under no
obligation to verify such Birth Certicates on file with the State of Hawaii. There were no
request made of the Candidate, Barack Hussein Obama Jr. or of the Democrat National
Committee to produce any “Documents of Qualifications” of Office by the Arizona
Secretary of State, Ken Bennett and no “Birth Certificate” was ever submitted
into the “Administrative
as
a
Record”
for
“Document of Qualification”
by
the
Arizona
either
the
Division
of
Presidential
Elections
Candidate,
Barack Hussein Obama Jr. or by the Democrat National Committee.
Does the “letter of verification” of a Birth Certificate by the Hawaii Department of
Health authorize the Arizona Secretary of State Ken Bennett to place the name of
Barack Hussien Obama Jr. on the Arizona Election Ballots?
As Ken Bennett had
no authority to speak for Barack Hussien Obama Jr. or for the Democrat National
Political Committee, Ken Bennett had no authority to make an announcment that the
name of Barack Hussein Obama Jr. will be placed on the Arizona Election Ballots
solely upon an existance of what is purported to be the Birth Certificate of
Barack Hussein Obama Jr.
There also appears to be confusion with what is being conducted as a
“criminal investigation” by Sheriff Joe Arpaio and what is a “civil proceding” for the
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producion of “Documents of Qualification” by the Arizona Secretary of State,
Ken Bennett. The two procedures are separate and they are not related.
Does a Birth Certificate establish U.S. Citizenship?
There are several forms of citizenships found in the United States Constitution. We have
the birth Right of United States citizenship of “We the People” and their “posterity” of
the Preamble to the U.S. Constitution which is limited to those who are the Caucassian
Male Human Beings that were born on the soil of a State of the Union. As there were
no women nor any other male race members present at the Constitutional Convention
other than those who were Caucasian males, the “Posterity” of the Preamble
“We the People” are the descendants of the Caucasian male race that were representative
of the members of the Constitutional Convention. It was this group of People that were
born into the Union with all the “Political Rights” of “Suffrage” and all the “Civil Rights”
that existed at the time the U.S. Constitution was written which gave them the status of
being “natural born Citizens” of the United States.
The other form of U.S. citizenship is statutory in form and it appears as an Amendment to
the U.S. Constittion.
This Amendment is known as the Fourteenth Amendment to
the U.S. Constitution. The Fourteenth Amendment is a grant of citizenship to those who
are Women and Negores (as well as those who are of other Races of People except those
who were Indians not taxed) by the “Preambled” Caucasian Male Citizens of
the United States. This grant of citizenship was “conditional” as it was limited to the
exercise of “Civil Rights” as defiend by the Civil Rigths Act of 1866.
The Fourteenth Amendment was not a grant of any “Political Rights” of “Suffrage” to
cast “Votes” at Ballot Elections or hold Public Offices of the United States government.
For an individual to have the status of being a citizen of the United States that is not a
Caucasian Male Human Being that was born within a State of the Union, that individual
must not only have been born on the soil of a State under the provisions of the
Page 4 of 12
Fourteenth Amendment to the U.S. Constitution, but that indivudual must also have been
subject to the jurisdiction of the United States at the time of his / her birth. As a person
may be born on the soil of a State and not be subject to the jurisdiction of
the United States, that person would have a Birth Certificate recorded in the State of
his / her birth and yet that person would not be a citizen of the United States. This may
be true for Barack Hussien Obama Jr..
Barack Hussien Obama Jr. was a child of an African (Negro) father and
a Caucasian mother. As Barack Hussien Obama Jr. is by law a “Mulatto” by birth,
his status of citizenship is founded upon the provisions of the Fourteenth Amendment to
the U.S. Constitution.
Giving the benefit of the doubt that the location of birth of
Barack Hussien Obama Jr. is the State of Hawaii, the question of being subject to the
“jurisdiction” of the United States at the time of the birth of Barack Hussein Obama Jr.
comes into question.
There are two parts to the jurisdictional statement of the Fourteenth Amendment.
First is the question of “Residency.” As Barack Obama Sr. never established a
permanent residency of a State for he was in the United States on an
“Educational Visa,” he was not subject to the jurisdiction of the United States
government at the time of the birth of his child, Barack Hussein Obama Jr..
At best, he may have been classified as a “Nonresident Alien” under the Code of
the Internal Revenue Service.
Second is the question of “Allegiance.” As Barack Obama Sr. was born on the
soil of Kenya and was a subject citizen of Great Britian, Barack Obama Sr. owed
no Allegance to the United States government and as such, he was not subject to
the jurisdicton of the United States government at the time of the birth of
his child, Barack Hussein Obama Jr.. Barack Obama Sr. was never a citizen of
the United States.
Page 5 of 12
As Barack Hussein Obama Jr’s father, Barack Hussein Obama, Sr., was never a ctizen
of the United States nor a resident thereof and as his father owed no Allegiance to
the United States, Barack Hussein Obama Jr. was not born a citizen of the United States.:
Rev.Stats. § 1993, provides:
"All children heretofore born or hereafter born out of the limits and jurisdiction
of the United States, whose fathers were or may be at the time of their birth
citizens thereof are declared to be citizens of the United States, but the rights of
citizenship shall not descend to children whose fathers never resided in the
United States," citizenship attaches only where the father has resided in the
United States before the birth of the child.
Weedin v. Chin Bow, 274 U. S. 660, 274 U. S. 666,
274 U. S. 675, 274 U. S. 658
“The section is so legislatively constructed by the Act of March 2, 1907,
c. 2534, § 6.”
Weedin v. Chin Bow, 274 U. S. 667.
“A child’s status of citizenship follows that of the father.”
Weedin v. Chin Bow – 274 U.S. 657 (1927)
'subject to its jurisdiction' was intended to exclude from its
operation children of ministers, consuls, and citizens or subjects of foreign
States born within the United States."
Slaughterhouse Cases, 16 Wall. 83 U. S. 73
"The phrase,
Does the Fourteenth or the Fifteenth Amendments
to the United States Constituton
grant “Political Rights” to hold Public Offices
of the United States government?
The Preambled Caucasian Male Citizens did not consider granting the citizens of the
Fourteenth Amendment any “Political Rights” until the Reconstruction Acts of 1867 was
imposed upon the Soutern “Rebel” States. As the Reconstruction Acts mandated that the
Page 6 of 12
Negros were to have Poliitcal Rights to cast Votes at Ballot Elections, the U.S. Congress
found
the
need
to
propose
another
Amendment
to
the
U.S. Constitution.
The Fifteenth Amendment was propsed by the U.S. Congress and ratified by the States
for the purpose of granting Constitutional authority for the Negro to cast “Votes”
at Ballot Elections The Fifteenth Amendment was not a grant of “Political Rights” to
hold Public Offices of the United States government (so says the U.S. Congress within
its Debates on the Amendment as recorded in the
Congressional Globe,
Fourteith Congress, Third Session). The same is true about the Nineteeth Amendment
which the U.S. Congress granted the Women “Political Rights” to cast “Votes” at
Ballot Elections. No one has any authority to read into the U.S. Constitution something
that does not exist and the wording of holding Public Offices of the United States
government
does
not
appear
anywhere
in
the Nineteenth Amendments to the U.S. Constitution.
the
Fourteenth,
Fifteenth
or
In fact, you cannot locate the
word “Suffrage” anywhere in the U.S. Constituton or its Amendments.
What qualifications must be established for Barack Hussein Obama Jr.’s
name to appear on the Election Ballots of the States
For Barack Hussein Obama Jr. to establish qualifications of Office for the President of
the United States, Barack Obama Jr. must provide “verified” Documents of Qualfication
showing that:
1) If Barack Obama Jr. does not claim to be of the Caucasian Race, he must document
his status of citizenship by having:
a) Proof of the place of his birth was on the soil of a State of the Union, and
b) Proof that both of his Parents were subject to the jurisdiction of the United States
at the time of his birth as,
(a) Both parents owed allegiance to the United States at the time of his
birth, and
(b) Both parents had established permanent residence within a State of
the Union at the time of his birth.
Page 7 of 12
2) If Barack Obama Jr. citizenship is founded upon the Fourteenth Amendment to the
U.S. Constitution, Barack Obama Jr. needs to prove that he has “Political Rights”
under the United States Constitution to hold Public Offices of the United States
government.
3) If Barack Obama Jr. is not a Caucasian Male and claims that his status of citizenship
to be that of a “natural born Citizen” of the United States, Barack Obama Jr. needs to
prove that he inherited the “posterity” of the Preamble “We the People” of the
United States Constitution.
Conclusion
The qualifications of Barack Hussein Obama Jr. to be a Candidate and occupy the Office
of President of the United States have been in question for over three and half years with
no resolution.
We now have entered into an Election Campaign wherein
Barack Hussein Obama Jr. has made known of his intent to be a Presidential Candidate
for the Election year of 2012.
The procedure for questioning the qualifications of Presidential Candidates has been
settled in the Federal Court case of Keyes, Drake, et.al. vs. Obama, (D.C., No. 8:09-CV00082-DOC-AN) wherein the Members of the Court have gone on record during
Oral Arguments that the time and place to question qualifications of Office of
Federal Candidates is with the Offices of Elections of the States before the name of
the Candidate appears on the State’s Election Ballots. The case of Keyes, Drake, et.al.
vs. Obama, (2011) D.C., No. 8:09-CV-00082-DOC-AN is a Federal Court case that
supercedes and overturns the California Appellate Court case of Keyes v. Bowen (2010),
189 Cal. App. 4th 647.
The Oral Arguments of the Keyes, Drake Court may be
viewed at: http://tinyurl.com/7vq4rlz .
Arizona Secretary of State, Ken Bennett, has a duty to verify the qualifications of
Presidential Candidates when the qualifications of Office of those Candidates have been
brought into question. Secretary of State, Ken Bennet, needs to write a letter of demand
upon U.S. Representative, Nancy Pelosi, as “Chair” of the Democrat National Committee
for the year of 2008 Ballot Elections to produce “Certified Copies” of the “verified”
Page 8 of 12
Documents of Eligibility which the Democrat National Committee relied upon to declare
Barack Hussein Obama Jr. was a qualified Candidate to serve as President of
the United States under the provisons of the United States Constitution. The doucments
that were relied upon for Office Qualifications for Barack Hussein Obama Jr. for
the Election year of 2008 will be the same documents that will be used for
the Election year of 2012.
Arizona Secretary of State, Ken Bennett, also has the duty to write a letter of demand
upon [President] Barack Hussein Obama Jr. to produce “verified” Documents of his
qualifications of Office before the name of Barack Hussein Obama Jr. may be placed
upon the Arizona Election Ballots. ONLY A CANDIDATE FOR A PUBLIC
OFFICE
MAY
“VERIFY”
HIS / HER
QUALIFICATIONS
FOR
THAT OFFICE.
What follows are facts concerning the eligibility of Barack Hussein Obama Jr. to the hold
the Office of President of the United States Any Secretary of a State, U.S. Senator, or
U.S. Representative is welcome to dispute these yet undisputed facts.
In so doing,
however, the American people have made a demand that the evidence is to be made
available for viewing.
1 - Barack Hussein Obama has not been vetted or certified eligible to the Office
of President of the United States by any agency tasked to do so or authorized to
do so.
2 - Not one American citizen, not one Senator, not one Representative has seen,
touched or examined Barack Hussein Obama’s vault copy Hawaii
Birth Certificate. On October 31, 2008, Dr Chiyome Fukino, Department of
Health, Hawaii, issued a press release in which she stated that she had “seen and
verified” that a Hawaii Birth Certificate for Obama did exist; she did not state
what was on it nor did she state that it showed that Obama was born in Hawaii.
3 - The Certification of Live Birth (COLB) that Obama has been waving about is
not a “Birth Certificate” as he claims, as the mainstream media claims,
as FactCheck.org and FighttheSmears.com claims. The COLB is a short form,
computer printed document deriving the information printed thereon from a
database of information supposedly (See #13 and #14 below) taken from the
original long form vault copy Hawaiian Birth Certificate.
Page 9 of 12
4 - Factcheck.org claims to be a non-partisan organization. Factcheck.org is
funded by the Annenberg Foundation on whose board Obama sat. Factcheck.org
is about as non-partisan as is Obama. The Annenberg Foundation has never
passed up a chance to fund a “progressive” (a.k.a., Marxist) cause.
5 - Hawaii has a law, HRS 338-17.8, which allows for the birth registration of a
child born in a foreign country so long as one parent is a U.S. citizen and so long
as that parent claimed Hawaii as his or her permanent residence for one year prior
to the birth. Stanley Ann (Dunham) Obama met both of these requirements.
6 - If Obama was born in Hawaii, he is, at best, a dual citizen. At his birth,
his father was a British subject as Kenya was a British Colony. Dual citizenship
precludes Obama from eligibility under Article II, Section 1, United States
Constitution. Prior cases decided by the United States Supreme Court, involving
the determination of “natural born” have used Vattel’s “The Law of Nations”
definition which states, “The natives, or natural-born citizens, are those born in
the country, of [two] parents who are citizens.” (Part I, Chapter 19, Section 212).
Factcheck.org states that Obama was a dual citizen at birth.
7 - If Obama was born in Kenya, he was, at birth, a British subject as Kenya was a
British colony. American law, at that time, required that Stanley Ann (Dunham)
Obama be a minimum of 19 years of age at his birth to confer to him her
American citizenship if he was born outside the United States; she was
only 18 years old when Obama was born.
8 - Barack Hussein Obama’s paternal step-grandmother has stated before
witnesses, said witnesses signing affidavits, that she was witness to the birth
of Obama in Kenya.
9 - Michelle Obama has stated that Barack Hussein Obama was adopted by his
step-father, Lolo Soetoro, an Indonesian citizen.
10 - When Barack Hussein Obama was registered at the Fransiskus Assissi
Primary School in Jakarta, Indonesia, his father was listed as Lolo Soetoro;
his citizenship as Indonesian; his name as Barry Soetoro.
11 - When Stanley Ann (Dunham) Soetoro divorced Lolo Soetoro in 1980,
the divorce papers show they had two children,: one minor child (Maya),
one over 18 (Barack).
12 - When Barack Hussein Obama, aka Barry Soetoro, became an Indonesian
citizen, his British citizenship would have been terminated; if he was born
in Hawaii, also his American dual citizenship. Indonesia does not allow for
dual citizenship.
Page 10 of 12
13 - The COLB Obama waves about lists the race of his biological father
as “African.” African is not a race any more than American is. This brings into
question the authenticity of the COLB Obama is waving about as his
“Birth Certificate.”
14 - If Barack Hussein Obama, aka Barry Soetoro, did become an
American citizen, he became a naturalized American citizen which precludes him
from eligibility under Article 2, Section 1, United States Constitution. There has
been no proof presented that he is even a naturalized American citizen.
15 - Barack Hussein Obama has multiple aliases: Barry Soetoro, Barry Dunham,
Barry Obama, Barack Soetoro, Barack Dunham. When he registered with the
American Bar Association, he listed none of these as is required by law. Unless
he had his name legally changed to Barack Hussein Obama after his adoption,
(of which there has been no proof presented), Barry Soetoro is his real name and
Barack Hussein Obama is an alias.
16 - All his Passport records, Education records, Medical records, Birth records
have become “not available” to the Public. Those records show where he
was born, if he applied for or received aid as a foreign student, the country or
countries from which he has received Passports.
17 - His Selective Service Registration appears to be fraudulent. If he was a
naturalized American citizen when he turned 18, and he failed to register with the
Selective Service, he is barred from holding any position in government, elected
or otherwise.
18 - If he is not even a Naturalized citizen, he is barred from holding any
Elected Office.
19 - If he is not even a Naturalized citizen, he is an illegal alien.
What appears on the following pages are Images of what I believe to be the true and
correct copy of the Birth Certificate of Barack Hussein Obama II and what I believe to be
a true and correct copy of the his Hospital Birth Record.
As I am not a Resident of the State of Arizona nor am I an Arizona Registered Voter,
I have no qualifications to bring litigation challenging your position of allowing
Barack Hussein Obama Jr. to appear on the Election Ballots of the State of Arizona. All I
can hope for is that this letter will be helpful to you in the administration of
the Election Laws of Arizona and the qualification provisions of the United States
Page 11 of 12
Constitution.
For your personal protection, I would encourage you to obtain
“Certified Copies”
of
the
“verified”
Documents
of
Qualification
that
the
Democrat National Committee relied upon to declare that Barack Hussein Obama Jr. was
a
qualified
Candidate
for
the
Office
of
President
of
the
United
States
and “verified” Documents of Qualification of Office from Presidential Candidate,
Barack Hussein Obama II.
Sincerely Yours
Page 12 of 12
Please take notice that the above “Certificate of Live Birth” on the bottom
line declares at Box 23 “Birthplace: Kenya; Registered Honolulu.
HRS 338-17.8 per Grandmother.” HRS 338-17.8 is the Hawaii Revised
Territorial Statute that authorizes the issuance of Birth Certificates to
children born outside the State of Hawaii.
A Protectorate of Kenya Birth Certificate for Barack Obama Jr.