Sven Magnussen

Montgomery Blair Sibley recently offered Federal criminal defendants a cookie-cutter Defendant's MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND APPLICATION FOR ISSUANCE OF SUBPOENAS to establish allegations President Barack Hussein Obama II is not eligible for the office of the President of the United States (POTUS). Sibley acknowledges the intent of the motion is to force the United States District Court to issue subpoenas and hold a hearing on the allegation Obama is ineligible to be POTUS.

Sibley's states, "The Fraud Enforcement and Recovery Act of 2009, Public Law 111-21, putatively signed into law by Barack Hussein Obama, II on May 20, 2009, under which Defendant has been indicted/convicted is void as it never was “presented” and signed into law by a legitimate President. As such, Defendant’s indictment/conviction must be declared null and void and the Defendant immediately released from custody."

In his proposed motion to dismiss the criminal complaint, Sibley presents a well thought outline for the production of documents in a criminal matter by witnesses to establish Obama is ineligible for the office of the POTUS.

Quote:

THE REQUESTED DOCUMENTS

Federal Rules of Criminal Procedure, Rule 17(c) “Producing Documents and Objects” permits the Court to order a witness to “produce the designated items in court before trial or before they are to be offered in evidence.” Defendant recognizes that the standard for securing pretrial document production under Federal Rule of Criminal Procedure 17(c) is that the information is relevant, admissible, and specific. United States v. Nixon, 418 U.S. 683, 700 (1974). Defendant’s request for documents meets this standard for each category of documents as detailed infra:

1. The original COLBs from Obama to allow Defendant’s Expert Document Examiners to evaluate and testify pursuant to Rule 702, Federal Rules of Evidence, as to the authenticity of those documents;

2. All records of Obama’s birth in the possession of the State of Hawaii Department of Health and Kapi'olani Maternity Home – which is now named the Kapi'olani Maternity & Gynecological Hospital – the hospital where Obama claims he was born.

3. Authenticated copies of Obama’s college applications and transcripts from Occidental College, Columbia University and Harvard Law School – documents Obama has refused to reveal. Pursuant to Rule 901(b)(8), Federal Rules of Evidence, those documents would qualify as Ancient Documents. Defendant believes they will provide relevant evidence of Obama’s place of birth and citizenship as such documents regularly solicit that information.

4. Authenticated copies of Obama’s U.S. Passport application. That application requires proof of U.S. citizenship as part of the application process. Significantly, in 1991 Obama’s then-literary agency, Acton & Dystel, published a booklet, which was distributed to the publishing industry. The booklet includes a brief biography of Obama among the biographies of eighty-nine other authors represented by Acton & Dystel. Along with other factually accurate information about Obama, that biography lists Obama’s place of birth as: Kenya.

5. All information regarding Obama’s Social Security number in the possession of the United States Social Security Administration. In 2010, Obama posted online on “WhiteHouse.gov” his 2009 tax returns and thus his Social Security number – 042-xx-xxx – became visible to the public. Social Security numbers starting with “042” were issued only to those residing in Connecticut.5 When Obama’s Social Security number was issued, circa 1977, Obama was living in Hawaii and when he applied for his Social Security number it should have started with “575”, “576”, “750” or “751” not “042”. The Social Security Administration will have on microfilm a copy of Obama’s original SS-5 application attached to his particular Social Security Number. 6. All information regarding Obama’s Selective Service registration information in the possession of the United States Selective Service System Data Management Center in Palatine, Illinois. Noteworthy on Obama’s publicly released Selective Service card is the cancellation stamp by the Post Office which bears the anomaly of a year date “80” when contemporary cancellation stamps all show “1980”. A detailed explanation of this anomaly – which might well be the year “2008” with the “20” removed and the “08” inverted to make it appear it was stamped in “1980” – can be viewed on-line. Obviously, failure to timely register with the Selective Service precludes as a matter-of-law one’s employment as President. See: 5 USC § 3328(a)8.

End Quote.

Unfortunately, Sibley fails to request the most important document concerning Obama's eligibility. In 1983, Obama naturalized as a U.S. Citizen after Secretary of State Dean Rusk issued him a Certificate of Loss of Nationality in 1968. Obama's Certificate of Naturalization is on file with USCIS or archived with the National Archives in Maryland. Obama's Certificate of Naturalization is proof, beyond a reasonable doubt, Obama is ineligible for the Office of POTUS.

The Homeland Security Act of 2002 (PL 107-296, Section 462) consolidated several agencies to create the U.S. Department of Homeland Security (DHS) and abolished or reassigned the duties of several entities including the Immigration and Naturalization Service (INS). The INS’ interior enforcement responsibilities including prosecutor of unaccompanied minors were entrusted to Immigration and Customs Enforcement (ICE), while Office of Refugee Resettlement (ORR) received the responsibility of protecting these unaccompanied minors.

While waiting for a hearing before an immigration judge, unaccompanied children are housed in federally-funded care as determined by ORR. These children can be held in a variety of places including foster care, group homes, transitional housing, mental health centers, detention facilities, juvenile and adult jails, and locked hotel rooms.

Obama returned to Hawaii from Indonesia as an unaccompanied minor with foreign nationality in 1971. As an unaccompanied minor, he was taken into custody by INS. An immigration hearing was held and Obama was placed in the custody of Catholic Social Services of Connecticut.

The ORR’s Department of Unaccompanied Children’s Services operates programs for both refugee and non-refugee youth. Though both groups of children are eligible for some services, the classification of refugee entitles a child to more services. While temporarily in federal custody and awaiting a hearing, refugee and non-refugee youth receive housing, food, education, and health care that is federally-funded. They are not eligible for state-provided services in the states where they are housed.

Refugee minors are eligible for enrollment in the Unaccompanied Refugee Minors (URM) program. The Lutheran Immigration Refugee Services and the United States Catholic Conference are the two largest voluntary organizations that assist with the ORR program and placement of minors throughout the U.S. The federal government reimburses states for 100% of the cost of child welfare services (up to age 20-21, depending on emancipation ages in the state) for qualifying unaccompanied refugee minors.

In December of 1971, Barack Obama Sr. returned to Hawaii to contest the Soetoro adoption and reclaim his parental rights. The Court ruled the Soetoro adoption will be annulled, Barry Soetoro's COLB would be sealed and archived in Hawaii, Barry Soetoro's legal name would be changed to Barack Hussein Obama II and the State of Hawaii will create and file a COLB with the name Barack Hussein Obama II with his father listed as Barack Hussein Obama. Obama's Indonesian Nationality remained intact. Catholic Social Services of Connecticut continued to maintain legal custody of Obama while his grandmother, Madelyn Payne Dunham, was appointed his guardian.

In 1976, Congress wrote sweeping legislation to reform the welfare system. A part of that legislation required beneficiarys to obtain a SSN to continue receiving benefits. Catholic Social Services of Connecticut, as Obama's legal custodian, filed Form SS-5, Application for Social Security Number, in 1977, with a Connecticut return address. Consequently, Obama's SSN begins with 042 as other SSN for applicants with a Connecticut return address.

In 1983, Obama completed the requirements to obtain a Certificate of Naturalization and become a U.S. Citizen. A naturalized U.S. citizen is specifically barred from eligibility for the Office of POTUS.

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February 12, 2013

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