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IMPEACHMENT VS. INELIGIBILITY
by Sharon Rondeau
(Feb. 15, 2015) — Beginning two years ago, Robert Laity wrote to his new congressman, Rep. Brian Higgins (D-NY26), regarding the questionable constitutional eligibility of Barack Hussein Obama.
Laity’s congressional representative had been Louise Slaughter until redistricting in 2012 reduced New York’s 29 districts to 27 because of lower population and redrew the congressional boundaries. The 26th district now includes Niagara Falls, North Tonawanda, Amherst and Buffalo.
On November 4, Higgins was re-elected to a sixth term in the U.S. House of Representatives.
Early last year, Laity petitioned the U.S. Supreme Court for a Writ of Certiorari after launching a ballot challenge to Obama’s candidacy in December 2011 with the New York State Board of Elections which worked its way unsuccessfully through the New York courts. He previously had attempted to file a criminal complaint with the U.S. Attorney for the Western District of New York, who claimed that a citizen submission could not be accepted for review.
Laity’s Supreme Court case was distributed for conference on March 28, 2014 and ultimately denied a hearing. Since Obama took office, Laity has claimed that Obama is not a bona fide sitting president because believes Obama is constitutionally ineligible to serve. As to the outcome of the case, Laity told us, “The Writ of Certiorari was denied. I then re-filed for a reconsideration and that was also denied. The court stated also that a denial of a Writ of Certiorari does not constitute an opinion that the case had no merit.”
A Maryland resident has recently petitioned the high court for a Writ of Certiorari asking for clarity on whether or not Sen. Marco Rubio, Gov. Bobby Jindal, and Sen. Ted Cruz are eligible to seek the office of President of the United States.
Laity is a whistleblower and former employee at the Veterans Administration. He has written several articles published at The Post & Email on the Obama eligibility issue, referring Higgins to one of them titled “There is No President Obama.”
Both Laity and CDR Walter Francis Fitzpatrick, III (Ret.) have invoked the Fifth Amendment‘s provision of a grand jury to evaluate criminal evidence against an individual and decried the fact that U.S. Attorneys at the federal level, and prosecutors at the local and state levels, now commandeer grand juries. Both Navy veterans have accused Obama of having committed treason against the United States, a charge with which many Americans now agree.
Laity has alleged that Obama is usurping the office of the presidency by failing to qualify as a “natural born Citizen,” as required by Article II, Section 1, clause 5 of the U.S. Constitution. Obama claims a birth in Hawaii, which most Americans believe is enough to qualify him for the office, although historical research indicates that the term “natural born Citizen” created a higher level of citizenship than a simple birth within the country.
Obama also claims a father who was a citizen of Great Britain, and later, Kenya, upon that nation’s independence in December 1963. Never having been a U.S. citizen, Barack Hussein Obama Sr. would have owed allegiance to his home country, which, interestingly, Michelle Obama described as her husband‘s during a 2008 campaign speech.
Originally, a birth on U.S. soil to parents with foreign citizenship did not make the child a U.S. citizen. A reported misinterpretation of a section of the 14th Amendment is considered responsible for “birthright citizenship” which considers children born within the United States citizens, regardless of the citizenship of their parents or legal status. However, even today, children born on U.S. soil of parents serving as foreign diplomats are not awarded U.S. citizenship.
A legal scholar and advocate, Laity has read Emmerich de Vattel’s “The Law of Nations” in the original French. History shows that the Founding Fathers relied heavily upon the work as they launched a new nation.
On October 5, 1789, George Washington, who was sworn in as the nation’s first chief executive on April 30 of that year, checked out “The Law of Nations” from the New York Society Library and never returned it. A 2010 ceremony conducted between staff of Mt. Vernon, Washington’s home and a national museum to his presidency and legacy, with the New York Society Library awarded a copy of the edition of Vattel’s treatise borrowed by Washington in lieu of what could have been $300,000 in overdue fines.
In 1787, Washington presided over the Constitutional Convention which resulted in the drafting of the U.S. Constitution. During the convention, delegate John Jay wrote a letter to Washington in which he said:
Permit me to hint, whether it would not be wise & seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expresly that the Command in chief of the american army shall not be given to, nor devolve on, any but a natural born Citizen.
The Framers reportedly agreed with little or no debate to incorporate Jay’s suggestion for the office of president, but the requirement for U.S. Senators and Representatives remained “a Citizen of the United States” for nine or seven years, respectively.
In 2012, multiple challenges to Obama’s eligibility were filed in various states, with each being quashed on technicalities or overridden by local election boards. Many of the challenges included a reproduction of an image purported to be a copy of a certified long-form birth certificate from the Hawaii Department of Health, which the White House released on April 27, 2011 following considerable public pressure from business mogul Donald Trump.
An investigation into the birth certificate image launched by the Maricopa County, AZ Cold Case Posse in September 2011 determined after several days of testing that the image could not have originated with a paper document. On March 1, 2012, posse lead investigator Michael Zullo and Maricopa County Sheriff Joe Arpaio declared at a formal press conference that the image is a “computer-generated forgery.” Also examined during the six-month probe was Obama’s purported Selective Service registration form mailed by the Selective Service System to those requesting it under the Freedom of Information Act (FOIA), including this writer.
A video produced by Mark Gillar of the Tea Party Power Hour in December 2013 implicates the Selective Service System, Hawaii Department of Health (HDOH), U.S. Postal Service, Obama supporters termed “Obots,” and perhaps Obama himself in criminal fraud, promising viewers that “prosecutions are coming” and “witnesses will testify.”
Two constitutional attorneys, Michael Connelly of Texas and Stephen Pidgeon of Washington State, drafted Articles of Impeachment against Obama, submitting them to the U.S. House of Representatives Judiciary Committee prior to the November 4, 2014 elections, after which Republicans gained seats in the House and a majority of seats in the U.S. Senate for the first time since 2004.
The first email from Laity to Higgins, dated February 7, 2013 and sent through the “Contact” portal on Higgins’s website, reads:
Email Me – Thank You
The following information has been submitted:
Name: Mr. Robert Christopher Laity
Would you like a written response: YES
Message Subject: Obama not a Natural-Born American Citizen
Message Text:Dear Mr. Higgins:
I must make you aware that Obama is NOT a Natural Born American and is therefore DQ’d from being President. See: “There is NO ‘President’ Obama” http://www.thepostemail.com/09/17/2010/there-is-no-president-obam
Laity sent a second email on February 28, 2013:
The email reads:
Are you my new Congressman? Obama has never been the Bona-Fides President
Since Obama took office, Laity has contended that Obama cannot be impeached since he is not a legitimate officeholder. On June 19, 2013, Laity received a visit from two Secret Service agents purportedly to ascertain that he did not pose a risk to Obama. In a summary of the visit sent to the agents the following day, Laity said, “I have previously submitted documents to Director Sullivan that evidences probable cause to believe that Barack Obama has committed election fraud and usurpation of the Presidency during time of war, which would make him a Spy under the UCMJ at Section 906 Article 106.”
On July 27, 2014, Laity wrote Higgins a formal letter repeating his concerns that Obama is not eligible for the presidency and that others who are also ineligible, such as Sen. Ted Cruz and Gov. Bobby Jindal, might also seek the office.
In his letter, Laity noted an apparent alias Obama has used, “Barry Soetoro.” The Cold Case Posse has determined that Obama “has used four aliases” and that he is the only “president” to have done so.
After The Post & Email requested any FBI documents on “Barry Soetoro” through a FOIA request, the FBI responded that since it appeared that “Barry Soetoro” is still alive, his written permission to release any documents in their possession would be required.
Laity’s letter to Higgins appears below.
In an apparent response months later, Higgins’s office sent the following on Friday:
Laity did not mention the subject of “impeachment” in any of his communications.
Higgins incorrectly states that in a hypothetical impeachment by the House, the Senate would vote on whether or not to “impeach” rather than “remove from office,” as is stated in the Constitution. In December 1998, President William Jefferson Clinton was impeached by the House of Representatives, but the following year, the U.S. Senate declined to remove him from office.
Whether or not Obama can be impeached, if he is proved ineligible for the office, is an open question.
While Higgins’s letter referred to “the 113th Congress,” the 114th Congress is now in session, which is stated on his website.