If you're new here, you may want to subscribe to my free Email alerts. Thanks for visiting!


September 11, 2010

Is there any representative in Congress who will answer specific questions about presidential eligibility?

Dear Editor: The following message was sent to Congressman Brian Bilbray (CA-50) on September 10, 2010. A similar message was sent on Wednesday, September 8, 2010 to the District Director for the local office of Congressman Bilbray. No response has been received to the earlier message.

Congressman Bilbray:

It is my understanding that a letter has been sent to you via certified mail from Mr. Lucas Smith asserting that Mr. Smith has personal knowledge indicating that Barack Obama was born in Mombasa, Kenya; and further that Mr. Smith provided a certified copy of the Kenyan birth certificate for Mr. Obama (which Mr. Smith has in his possession).

The learned constitutional scholarship and meticulous research of Attorneys Mario Apuzzo and Leo Donofrio has demonstrated clearly that the “natural born citizen” requirement relating to eligibility for the office of president set forth in Article II of the United States Constitution means, as defined by Emerich de Vattel in “The Law of Nations,” “born in the country of parents who are citizens.” (Vattel provides an exception regarding the first requirement in the case of “children born out of the country in the armies of the state” which apparently covered John McCain.)

Thus the presidential eligibility clause in Article II of the U.S. Constitution means that there are TWO independent conditions which must be met to satisfy the NBC requirement to serve as president (or vice-president in accordance with the Twelfth Amendment to the Constitution), and for which, by implication, the people have a right of verification and substantiation:

  1. the person elected to the office of president must have been born in the United States (subject to the single exception stated above); and
  2. the person elected to the office of president must have been born of parents who are BOTH citizens of the United States at his or her birth.

The purported Kenyan birth certificate may or may not be authentic, but it seems unlikely that Mr. Smith would send this document by hand-addressed certified mail to 535 members of Congress, as well as to the non-voting members of the House, unless he believed it to be authentic.

If this document is valid, then Obama is clearly and unequivocally ineligible to serve in the office of president, and he must be removed.

On the other hand, if it can be proven that he was actually born in Hawaii as he claims, then the parental citizenship issue must be resolved, most likely requiring a clarifying decision by the U.S Supreme Court in spite of the clear language of the Constitution. (See note below) This is why it is so important to get the matter of the legally-admissible documentation of Obama’s birth location resolved promptly, so as to move expeditiously to the Supreme Court if that becomes necessary as a result of the production by Obama of a valid Hawaiian birth certificate.

It is without doubt the responsibility of Obama himself to provide this documentation. His refusal to do so is not only absolutely unprecedented – it is an outrage against the American people, and itself creates a mandate for a congressionally-ordered resolution of this matter, including a forensic examination of the Lucas Smith document if a valid Hawaiian birth certificate is not produced.

If the law does not provide a remedy to the denial of a vested legal right of the people to have a constitutionally-qualified president, then this government is no longer “a government of laws, and not of men”, in the famous words of no less an authority than Chief Justice John Marshall in Marbury v. Madison.

For your information, an interview was conducted with Mr. Lucas Smith by Sharon Rondeau, editor of The Post and Email, and published here.

A related guest editorial, of which I was the author, containing certain observations relating to the presence of Mr. Smith at the September 8, 2009 hearing at the Federal Courthouse in Santa Ana, CA  in the Obama eligibility case Barnett et al v. Obama, was published shortly thereafter here.

Since I believe that this is an extremely urgent matter relating directly to the national security of the United States, I feel it is necessary for you to be aware of this information in order to fulfill your duties pursuant to your oath of office as a member of the United States House of Representatives to “support and defend the Constitution of the United States of America against all enemies, foreign and domestic”.

I hereby request a substantive response from you or your authorized representative concerning such action as you intend to undertake in connection with this matter, a matter which I believe represents a true constitutional crisis unprecedented in the history of this nation.

David F. LaRocque
CDR USNR (ret)
Carlsbad, CA

(Note: Both of the NBC conditions are equally necessary. However, a Supreme Court decision in one case (Minor v. Happersett, 88 U.S. 162, 1874 par 9) has introduced enough ambiguity with the following words that Apuzzo and Donofrio believe the matter must be finally resolved by the U.S. Supreme Court:

“…it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts.”

I read that passage to say that the “natural born citizen” class is defined, without doubt, by the Constitution; but that the doubts referred to by the Court apply only to children born in the country without reference to the citizenship of their parents, and with respect only to the status of these children as citizens, but not implying that they might be natural born citizens. However, the attorneys believe that the matter needs further clarification by the Supreme Court.
Therefore, it seems to me that the surest and quickest way to establish a lack of eligibility of a certain person to serve in the office of president or vice-president where a foreign birth is possible or suspected is to verify the location of the birth of that person by means of an examination of the related birth certificate.)

Join the Conversation


Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

  1. We have invested nearly 2 years of our lives in this fiasco, patriots. We can continue to spin our wheels or….. use your imagination. The Constitution is no longer respected by our elected leaders OR the Supreme Court. The media is equally complicit in this coverup. What is the game plan when Barry announces that he is running for a 2nd term? Do you really think there will be justice in the courts THEN?? All of this is just a game to the powers that be. The clock is ticking…

  2. Here’s my take on this cover up and why there is no action by the news media (FOX), Glenn Beck, et al:

    1) To the people who do not understand the term “natural born citizen”–I would ask: If in January you sign a contract in which you agree to be “gay,” and at the time you sign said contract, the connotation/meaning of “gay” means “happy, full of joy, glee,” but in October the word takes on a new connotation to mean “homosexual,” would you then be mandated to become homosexual, even though that was not the original connotation or your own sexual orientation? Then, why should Americans today accept that “natural born” means merely to be born on American soil and of one parent with American citizenship? The Constitution cannot be changed other than by amending it; therefore, strict adherence to the connotation of vocabulary at the time it was written must be adhered to, or it is a worthless piece of paper. No one in their right mind would sign a contract in which the words can later be construed to mean something different. Our founding fathers, first and foremost, wanted the Executive and Commander-in-Chief of the Army to have absolute, unwavering, unquestionable loyalty to America and established his eligibility accordingly.
    2) To those who say there would be an uprising if Obama were found inelligible: really? I think this comes from fear that an investigation would result in 3/4 or more of Congress being found in on this cover up along with the VP and Speaker of the House. Imagine what would result from this far-reaching co-conspiracy by both parties! The U. S. government, at war on several fronts and on the brink of bankruptcy, would basically have no leaders or Congress and be thrown into utter chaos. So for security of the nation, politicians have been convinced by someone to turn a blind eye to the Constitution and condone it thusly. Shame on them!
    3) I have heard, but I have seen no proof, that the Bilderberg Group financed some kind of land deal with a huge sum of money to the Mormon Church. So because of attached strings and another tentacle in the web of conspiracies, there’s been no coverage or investigation or pursuit of Obama’s eligibility by Beck and FOX. Has anyone heard this also? If conservatives can just get control of Congress once again, there is a need to immediately launch investigations (no matter if people cry out “witch hunts”) and restore our republic. We need the financial means and the will.

  3. I also have received the same numskull response from my Senators and Congressman. Along with contacting them I have also been contacting Fox News who has been silent in this matter and in the matter of the LTC Lakin Court Martial.

    The following was sent to Britt Hume and all the congressional reps and a similar letter was sent to Adm. Mullen, Chairman JCS.


    The following letter and the attachment have been sent to various Fox News shows and to Britt Hume. It was also sent to the Convening Authority in the LTC Lakin Court Martial.

    Mr. Hume, I have sent emails to the main Fox News shows and have included the attached letter that I sent to the Convening Authority in the LTC Lakin Court Martial case.

    Apparently, I am not the only one who has noticed that Fox News has ignored this extremely important story. People are beginning to ask why Fox News has not addressed this story which is infinitely more important than Lindsey Lohan and the other meaningless stories that appear on Fox News.

    Where is “the fair and balanced” reporting. Who is looking out for us? Fox News is losing it’s credibility and appears to be more like CNN every day. Glenn Beck had a rally about restoring HONOR. LTC Lakin is a true patriot and a man of unquestionable honor. Why was he not present at the rally or at least made reference to?

    The elephant in the living room is growing day by day. It amazes me that it is still being ignored.

    The letter on page 3 of this fax does not include another statement made by COL Lind. She states that the responsibility for the discovery of the truth about Obama (regarding his dual citizenship at birth) resides with Congress. She ineptly goes on to say that the responsibility for impeachment of a sitting president resides with Congress. Therein lies the conundrum. If a person in the presidency resides there illegally, technically he is not the president and, as a matter of law there has not been a sitting president in the White House since the swearing in ceremony. This was made possible by the duplicitous document signed by Nancy Pelosi and the Chairman of the Democratic National Committee.

  4. Cdr LaRocque has put much time and effort in Minor v. Happersett, 88 U.S. 162, 1874 when in 1872 a 21 year old woman in Missouri sought the privilege to vote there under protection of the 14th amendment after enactment (if at all as the Southern states were not present to vote); and as for a partial discussion of citizen is useful after the Dred Scott Decision.

    However, the 1897 Supreme Court decision takes precedence in United States v. Wong Kim Ark, 169 U.S. 649 (1898) (text – http://supreme.justia.com/us/169/649/case.html) caused the most controversy and stir in that Chinese per se were not those covered under the class of slaves intended in the 14th amendment, as the Senate treaty power trumps that of the 14th amendment. BHO has a minor citizen mother unable to transmit allegiance and a majority aged British citizen whose is on a Student Visa and able to transmit British citizenship.

    The role of a visa gives the foreign citizen diplomatic coverage as any tourist at will has. Neither the USA nor any state has full and complete jurisdiction over a foreign citizen. No matter where BHO was born, he was still a British Citizen at birth and with such dual allegiance is not a natural born citizen. A minor is unable to contract allegiance.

    What is interesting of course is the role of a marriage in which the State per se is the third party therein, may not participate in such marriage if polygamous, and therefore may not confer citizenship by such jurisdictional assumed allegiance. Were BHO a bastard child born out of wedlock his purported father who claimed fatherhood still would confer upon BHO British Citizenship SAD was unable to as a minor.

    Whatever Lucas D. Smith did or did not do is of secondary importance to what BHO and his parents admit to as a waiver against interest.

  5. Perhaps a database can be established for everyone to review, of results from contacting Senators and Representatives, with an emphasis on those running for office in november. Perhaps here? then anyone can refer to those responses and vote in November more responsibly. An active and angry voting base is the most effective tool to be used to force what should be done, to be accomplished. Knowing that this database exists, and the world can read it, and the voting public will know their views, just may be the tool we can use, to get responsible representation. Just a thought.

  6. The comedian “Tater” says it best….


    Or, as Forrest Gump’s mother advised,


  7. Here are some suggestions to counter the “nothing” replies that you have received from your Congress critters like, “Obama’s COLB is on the Internet” and likely come from talking points they have received. In my future correspondence I intend to carefully ask more specific questions that should be harder to blanket with a canned response. Here are some examples, and maybe you can add some additional ones:

    1. Do you believe that the Article 2 Constitutional requirement for president of being a natural born citizen is the same as being a native born citizen? If yes, please include the references/links from which this determination was made.

    2. Do you agree that Obama’s father was never an American citizen and that he was born in Kenya? If no, please include the reference/links from which this determination was made.

    3. Do you believe that the online COLB, which contains no doctors name, no hospital name and no signatures, thus nothing that can be traced to verify it’s validity, is the equivalent of a real, long-form birth certificate, which contains far more information, actual signatures, etc., and that the online COLB should be unquestionably accepted as proof of eligibility for the highest elected office in America? Please explain your answer.

    You get the idea……….. try as much as possible to pull out specific answers.

    Then I am going to say something like. I respectfully ask you to answer these questions fully because I want to be sure I correctly understand, on record, your position on Barrack Hussein Obama’s Constitutional eligibility to be president.

    The idea is to try to get them to drop the talking points, and to let them know that just maybe what they say might come back to haut them…….I think it will be interesting to see if they will just stick to the same old line, or try to answer specific questions, as they should.

    When you do get a reply, please post it here for us all to see.

    This is, of course, in addition to pressing them to respond to Mr. Smith’s Kenyan Obama BC letter. In your discussion of Mr. Smith’s letter, remember that you have access to the USPS certification number here:


    Which will get you the time and date of delivery of Mr. Smith’s letter to their office, and the letter itself. Mentioning that to them would be good.

  8. Nice picture of Bilbray, looks like a deer in the headlights!. Actions and words Congressman. Have you noticed how they talk about ‘those other people’ as if they are not among the problem group aka Congress. They all like to align themselves with Reagan but leave out the part “Government is the problem”.

  9. I am weighing in with this:

    To be eligible to enter into the Office of President of the United States one must be born on American soil (Jus Soli)


    BOTH parents must be American Citizens prior to one’s birth (Jus Sanguinis)

    The Constitution offers NO “Exception[s}” to the natural-born American citizen requirement Therefore,absent an amendment to the Constitution,as per the process provided for in Article V of the Constitution,that requirement cannot be changed,altered,revised,or exception allowed,neither by rule,act of Congress or regulation.

    In regard to the 1946 Change in the Federal Rules of Criminal Procedures
    wherein Federal rulemakers deemed “Presentments” “Obsolete” in derogation of the Fifth Amendment see Miranda v. Arizona:
    “Where Rights secured by the constitution are involved,there can be no rulemaking or legislation which would abrogate them”.

    In effect,this means that since the Fifth Amendment has not been repealed or modified by Amendment process in Article V “We the People” continue to have Standing to proceed/participate in presentment hearings.

    “No person shall be held to answer for…crime UNLESS on a presentment
    OR indictment of a Grand Jury”

    There are TWO procedures which can be used in order to hold someone to answer for crime. The word “OR” connotes the process of Citizen convened
    presentment hearings as a separate process from Indictment by a Judicially convened Grand Jury.

  10. Outstanding follow through on Lucas Smith’s mailing of the Kenyan BC to the entire Congress.

    I will work on a generic letter, taken from yours, Commander, that anyone can download, personalize, and send word for word, to their Congress-critters. (We will have to genericize this sentence:
    A related guest editorial, of which I was the author, containing certain observations relating to the presence of Mr. Smith at the September 8, 2009 hearing at the Federal Courthouse in Santa Ana, CA in the Obama eligibility case Barnett et al v. Obama, was published shortly thereafter here.

    I will do one for Boxer, Feinstein, and Bilbray (my Congressman too, Commander), and let’s get thousands of them sent to all 435 members of Congress.

    Lucas Smith has done us all a great service, and we should capitalize on it to the fullest.

    Here it is, ready to go:

    Well done, gentlemen.

  11. Bravo Zulu CDR! We will keep up the good fight and settle for no less than VICTORY!
    My military motto was, “The difficult we do at once, the impossible takes a little longer”

    For God and Country

    1. Thank you, Lucas.

      I have only tried to use the opportunity you provided through your own admirable initiative to provoke a similar initiative from the millions of American people who are fed up with the refusal of the institutions of government to address an issue which will not go away, and which must be resolved if the rule of law in our nation is to be preserved.

      Some are concerned that those citizens who agree that this nation is in the throes of a constitutional crisis over the presidential eligibility issue have been guilty of not matching their words with deeds. This is an opportunity for them to do that.

      Every congressman and senator should receive a similar letter from his or her concerned constituents.

      If we find that not one single member of Congress is willing to fulfill the duty required of him/her by his/her oath of office to demand hearings to resolve this matter, that will represent a very powerful message to the American people.

      If that message gets sent from Congress to the American people, God help us.

      1. We should endeavor to document the follow-up contacts with each of the members of Congress who received the mailing from Lucas Smith.

        Once each of those members of Congress has been contacted by at least one constituent, we should then identify those members of Congress who remain true to their oath of office, and those who have failed in their duty.

        This information should be suitably published for the edification of the citizens.

      2. “Every congressman and senator should receive a similar letter from his or her concerned constituents.”

        I have sent many letters on this subject, and e-mails/phone calls, etc. My two Senators have said, “COLB says he was born in Hawaii, case closed”…..to paraphrase their statements. I actually believe my Congressman believes as I do, that you can just pick a possible way for someone to be ineligible, and Barry has it covered……but, he will say nothing.

        I am making phone calls next week, and I will send them your well-written letter via e-mail also. Not sure about the last part after your signature though, I would almost rather let them come up with something like that on their own. They will probably take that and run with “see, it says natural born citizen right there!!” I am also putting together a USPS package that includes Mr. Smith’s 7 page letter and other information. Sometimes I feel as if I am banging my head against a brick wall……but I am right, and I will not give up. I have called their offices since Lucas sent his letters to them and been told they “have not seen the letter yet”…..they did say they would watch for the letter, so I’m holding them to that.

        I know common sense doesn’t count, but with my Senator’s definition of presidential eligibility, for example, someone born as an anchor baby, with parents one of whom was a citizen of Saudi Arabia, and the other of ….say, Iran, they would be Constutionally eligible to be president. Do my Senators think the founders of our nation were idiots?

        I agree this is the perfect time to intensify your calls, e-mails, snail mail or whatever. Even if it seems nothing is happening, please keep up the pressure.

        We are going to win!!

      3. Our response to their lack of action should be purposeful, and direct. And, it should be done in November. It never ceases to amaze me that the American people do not understand their power. It happens at the voting polls. If our elected representatives cease representing us, cease defending the constitution, they must be removed from office, but more, they must be replaced with someone who doesn’t just SAY they will, but WILL.
        If we cannot get our Senators and congressmen, and our Supreme court to uphold the constitution, and we cannot remove those supreme court justices, we need to remove the support afforded the POTUS, and do this by replacing his support, one by one, all the way down to our city councilmen. this requires us to question those running for office.. the questions set fourth above, should be asked to every person running for office of any kind. and those who do not support the constitution need to be culled from our government. As it stands now, our representatives are cowards, or worse, traitors. It’s time to clean house.

  12. great letter sir– obviously congressman bilbray is very ignorant about our constitution or has no interest in the rule of law. but there again one letter will not move him. we need millions of letters and a multi- million physical people descent on congress to demand action be taken on obama such as a formal eligibility hearing on him. and remain there until this issue is settled. physical presence of large masses of people will make congress act.