ARIZONA RESIDENT MUST FORCE DEPARTMENTS OF STATE AND HOMELAND SECURITY TO ABIDE BY JUDGE’S ORDER TO RELEASE INFORMATION
by Sharon Rondeau
(May 24, 2010) — According to the Department of Justice’s FOIA page, it “generally is required under the Freedom of Information Act (FOIA) to disclose records requested in writing by any person.” The website has a link to a report dated March 15, 2010 from the “Chief FOIA officer” who pledged a commitment “to make this the most open Administration in history.” The report asserts that 5% more FOIA requests have been fulfilled during fiscal year 2009 over 2008 and that denials of information were reduced by 4%. In early 2009, faux Attorney General Eric Holder had issued a memo stating that “The Freedom of Information Act (FOIA), 5 U.S.C. § 552, reflects our nation’s fundamental commitment to open government.”
However, the results of Holder’s change in policy from the previous administration has not yielded clear results, as even the left-leaning Salon.com states in an article dated April 7, 2010. Another article states that little improvement in meeting FOIA requests has been made in the last year and that the Obama regime has actually become more secretive than its predecessor.
The Original FOIA Request
In February 2009, Arizona resident Kenneth L. Allen initiated a request through the Freedom of Information Act for the travel and passport records of Stanley Ann Dunham/Obama/Soetoro, Lolo Soetoro and Barack Obama aka Barry Soetoro. The FOIA request he sent is as follows:
RE: Freedom of Information Act Request at 5 USC § 552 and the Privacy Act at 5 USC § 552(a), and Article II, Section I
This request is being made to secure documents relating to Barry Soetoro, aka Barack H. Obama, aka Barry Soetoro, and aka et al. or verification of requested documents that do or do not exist. These documents will be used as evidence to secure administrative or judicial due process under the United States Constitution, Article II, Section I.
Requestor hereby requests a waiver of fees. For any reason the agency feels it cannot waive the fees, the requestor will pay only reasonable fees not more than $25.00.
This request is being made under the Freedom of Information Act at 5 USC § 552 and the Privacy Act at 552(a), Article II, Section I and the 14th Amendment. Documents requested herein are for personal and public use; therefore I hereby request that the following documents be expedited:
1. All United States Passport records relating to Barry Soetoro, aka Barack Hussein Obama, including, but not limited to, any and all reports and findings of the Inspector General of the Department of Justice and/or the State Department investigation regarding allegations of unauthorized employee access to and tampering with Barack Hussein Obama’s passport records on at least three separate occasions in 2008, including but not limited to any information relating to birth certificates or other indicia of citizenship used to prove Obama’s American citizenship status on his original passport application and the date when Barry Soetoro, aka Barack Obama, made that original application for an American passport;
2. All DOJ (including FBI) records concerning Barry Soetoro, aka Barack Hussein Obama;
3. All such other transcriptions of testimony, letters, affidavits, depositions, declarations, and any other documents, recordings, photographs, computer records, and other evidence (“documentation” or “proof” hereafter) in Barry Soetoro, aka Barack Hussein Obama’s actual or constructive possession concerning proof of Defendant’s actual birthplace location and details regarding any and all Federal government information or investigations of any agency into Barry Soetoro;
4. Documentation and proof relating to all aspects of Barry Soetoro’s residence and school registration in Indonesia, including but not limited to any and all documentation and proof relating to the alias or name “Barry Soetoro” and whether or not “Barry Soetoro” was a citizen of Indonesia;
5. Proof (as defined and described above) including but not limited to all documentation on fixed or electronic media relating to or touching upon the question of whether Barry Soetoro, aka Barack Hussein Obama, legally changed his name from his adopted Indonesian name, Barry Soetoro, to Barack Hussein Obama and when his name was legally changed;
6. Proof (as above) including but not limited to all documentation on fixed or electronic media relating to or touching upon the question of whether Barry Soetoro, aka Barack Hussein Obama, became a repatriated American citizen after returning to the United States from Indonesia at age 10 including but not limited to the date of that repatriation;
7. Proof (as above) relating to the question of whether Barry Soetoro became a naturalized U.S. citizen and the date of that naturalization; or compliance with 301(b) of the Immigration and Nationality Act of June 27, 1952, 66 Stat. 236, 8 U.S.C.§ 1401(b).
8. All documents and proof of every kind (as above) constituting, relating to, or touching upon Barry Soetoro’s college, university, and law school records and transcripts of enrollment and attendance, including but not limited to the unredacted name (i.e., Obama, Soetoro, Dunham) and country of citizenship that Barry Soetoro used for registration as a college student and relating to or touching upon the question of whether Barry Soetoro registered as an American or foreign student; and any and all documents to include student visas issued by the U.S. Government.
9. Documentation or proof relating to the question of whether Barry Soetoro, aka Barack Hussein Obama (or any alias used by Barry Soetoro) ever identified or held himself out to be a foreign exchange student under the name of Barry Soetoro from 1979 to 1981 and during any other time periods;
10. Barry Soetoro’s medical records and those of his mother from January 1, 1961, through the present day.
11. Any and all documents and other proof, in whatever media recorded (fixed, electronic, analog or digital), including but not limited to the passport that Barry Soetoro, aka Barack Hussein Obama, used in 1981, relating to or touching upon any of Defendant’s travel abroad prior to 2000, including but not limited to his self-reported travel in 1981 to Pakistan;
12. Any and all documents and other proof, including the passport that Barry Soetoro, aka Obama used in 2006, relating to or touching upon any of Barry Soetoro’s travel abroad since 2000, including but not limited to his self-reported trip in 2006 to Kenya;
13. Any and all documents and other proof in whatever media recorded relating to the question of whether a group called “Friends of Barry Soetoro” or any similar name contributed to Kenyan political candidate Raila Odinga in 2006;
14. Any and all other documents relating to or proof concerning any and all conflicting citizenship or residence records and/or reports regarding Barry Soetoro, aka Barack Hussein Obama, aka Barry Obama’s travels to Kenya and Indonesia;
15. All documents and proof, including but not limited to documents showing the names and contact information for investigators or other witnesses, including but not limited to clerks and custodians of records, relating to or touching upon the investigations allegedly performed and findings on the information forwarded to the FBI about Barry Soetoro, aka Barack Hussein Obama by the office of U.S. Senator Lamar Alexander from Tennessee;
16. Any and all documents or other proof relating to governmental or non-governmental tests or investigations or inquiries conducted the authenticity confirmation for Barry Soetoro and processes used to compare its findings.
I am entitled to verified copies of all requested documents herein contained under statutory authority.
I ____________________, Kenneth Allen, attest under the penalty of perjury, and under the laws of these United States of America, that I am a Citizen of the United States and as requestor of the foregoing documents under the United States Constitution, I have the right to request the foregoing requested documents for the years 1961 through 2009 years.
Respectfully submitted on the ________ day of ____________, 200
STATE OF STATE
COUNTY OF COUNTY
On ________________, 2009 date of statement before me ___________________ a notary public appeared ______________________, personally known to me (or proven thereto) on the basis of evidence to be the person whose name is subscribed therein the above Freedom of Information Act and Privacy Act, and that by such signature on the said instrument has in fact executed the above mentioned document.
WITNESS my hand and seal.
Allen’s request was denied on the grounds that Obama needed to give his permission for the release of the information. However, Allen contended that Obama’s permission was not needed to obtain the information regarding Stanley Ann and Lolo Soetoro, so he filed an appeal.
Lawsuit Filed to gain access to Information which should have been released by the “transparent” Obama Regime
Allen’s appeal was ignored, so he filed a lawsuit on July 6, 2009 to obtain the requested information, acting pro se, as he stated that no lawyer wished to take the case. According to Allen, the judge “dismissed the FOIA complaint with regards to Barry Soetoro and Barack Obama; they have never given a reason to this date. What that told me was the Judge knows that Barack Obama is in fact Barry Soetoro.”
However, the judge ruled that the information on Stanley Ann Dunham/Obama/Soetoro should be released as well as records pertaining to Lolo Soetoro. The State Department and Department of Homeland Security did not comply with the judge’s order.
A series of phone calls and emails between Allen and an attorney from the Justice Department ensued beginning in March 2010 to resolve the matter of the information that Allen had requested but had never received.
From: Bowen, Brigham (CIV)
Sent: Monday, March 08, 2010 1:30 PM
To: Ken Allen
Subject: Allen v. DHS
Are you available on Wednesday to have a meet-and-confer discussion over the phone? We are required to confer regarding the subjects outlined in the Court’s most recent order and to submit a report before March 19. As I will be out of town next week, I’d like to file the report on or before Friday. I am still working on getting status updates from my clients but hope to have more information by Wednesday.
Brigham J. Bowen
United States Department of Justice
Civil Division, Federal Programs Branch
P.O. Box 883, 20 Massachusetts Ave., N.W.
Washington, D.C. 20044
Phone: (202) 514-6289
To which Mr. Allen replied:
From: Ken Allen
Sent: Monday, March 08, 2010 5:47 PM
To: Bowen, Brigham (CIV)
Subject: Re: Allen v. DHS
Mr. Bowen give me a time that’s good for you on Wednesday after 11 my time and I will see what I can do. That’s about the only day for either of us!
The Post & Email asked Mr. Allen the following question:
Was the DOJ attorney in agreement that you should receive the info?
And Mr. Allen’s response was:
Yes, according to my notes he said within a month or so and that DHS didn’t have any documents on Stanley Ann. That makes sense because the DHS wasn’t even in existence. But the DOS had all the requested documents.
The Post & Email then asked:
Did he have any defense as to why the information had been denied to you up until that time?
And Mr. Allen answered us:
No defense, and no answers, they still seem to be withholding all of the information, or should I say stalling. If they have these documents they should release them.
Plaintiff urges the DOJ to adhere to the Judge’s Order
Mr. Allen has now filed a “Motion to Compel” asking that the defendants, the Departments of State and Homeland Security, release the information which the judge has so ordered.
The Motion to Compel begins:
Plaintiff (Kenneth L Allen) respectfully moves this court pursuant to the Freedom Of Information Act, 5 USC § 552 and 552(2), the FRCP 37(a) and LRciv 37.1 to compel the Defendants, the Department of Homeland Security (DHS) and Department of State (DOS) to comply with their agreement made between Mr Bowen and Myself [ Kenneth Allen] during discussion before our Joint Status Report [ Doc.33] .and in accordance with Rule 26(f) FRCP., disclosing any matter under A to J , 1 thru 16 of the order directing Defendants to process plaintiffs (“FOIA”) requests. Mr Bowen said that the defendants had some of the document and they could be delivered as on or about 4 to 6 weeks that was 3-10-2010 it has been more than 8 weeks.
On February 2nd 2010, the Court ordered defendants DHS and DOS, through Counsel for a joint report, in accordance with Rule 26(f) to discuss certain complex matters pertaining to the FOIA requests made by the Plaintiff, And to discuss discovery and possible limitations thereof. Counsels were ordered to comply with Rule 26(f) and seek to minimize the expense of this action.
The conclusion of the Motion to Compel reads:
Plaintiff has conferred with the opposing counsel, and to the best of my knowledge and belief, unless the defendant adhere to the order and their agreement to release documents, the plaintiff cannot make a clear decision on what course of action to take, further denying Plaintiff right to due process of the law.
For the above mentioned reasons, plaintiff respectfully requests the Court to compel defendants to comply with the court’s February 2nd, 2010 0rder and to provide final response to plaintiff’s FOIA request by a date certain.
Why is the DOJ fighting Allen’s FOIA request for Stanley Ann Dunham/Obama/Soetoro and Lolo Soetoro?
According to Mr. Allen, the defendants are still refusing to comply. Regarding Allen’s emails with Brigham Bowen of the Justice Department, Allen stated, “I thought after our meeting he would keep his word, but he didn’t.”
Regarding the Motion to Compel, The Post & Email asked Mr. Allen:
Is the Motion to Compel connected to your Allen v. Soetoro case, or is it a different filing?
Mr. Allen’s response:
It is the amended version. It’s the only part the judge didn’t dismiss; he didn’t dismiss Stanley Ann or Lolo. The DOS and DHS have said that they have passport documents and those were supposed to be released about 4 to 6 weeks after our status report on March 8, 2010.
The Post & Email asked:
Why hasn’t the information you requested been released to you? Have they ever given a reason?
And Allen’s response was:
They haven’t given any reason. I believe they’re stalling because Stanley Ann wasn’t in Hawaii when Obama was born. I also believe that she was out of the country long enough to lose her own citizenship!
The Post & Email then asked:
Can the defendants stall any more, or is the court telling them they have to comply with your request?
The answer was:
The motion is asking the judge to order them to produce the requested and promised documents. Now it’s a waiting game. The DOJ will object and the judge will make a ruling and that’s when we see how much law is left in the Federal courts.
We asked Mr. Allen if he had a closing statement, and it is:
As long as we have a USURPER in the White House, there will be no freedom of Information regarding Barack Obama, aka Barry Soetoro or any other alias. As for his mother and his stepfather, as you can see, as long as it concerns Obama, the DOJ will fight us to the end. The American people have an absolute right to know who Barry Soetoro is, and we have a right to justice against anyone who help Barack Obama.
Editor’s Note: The entire Motion to Compel has been placed on Scribd and can be read here.