Obama Eligibility Lawsuit Takes a New Turn, Conclusion


by Sharon Rondeau

(Mar. 31, 2017) — On Wednesday, The Post & Email published the first part of its recent interview with Cody Robert Judy, a Democrat presidential candidate in 2008, 2012 and 2016 who challenged Barack Hussein Obama’s constitutional eligibility to serve as president and commander-in-chief and has an active case in federal court in Utah.

In 2008, Judy filed a lawsuit against both Obama and Sen. John McCain claiming that neither qualified as a “natural born Citizen” under Article II, Section 1, clause 5 of the U.S. Constitution, one of three requirements for the highest executive office in the nation.

Some constitutional scholars have agreed with Judy’s assessment as to McCain but not to Obama, basing their assessment on Obama’s claim that he was born in Hawaii or in the U.S. generally.

McCain was born in Panama to U.S.-citizen parents, with his father an admiral in the Navy on active duty at the time.  Obama claims he was born in Honolulu, HI to a U.S.-citizen mother and British-citizen father.

On Obama’s 2008 campaign website, FighttheSmears.com, he claimed presidential eligibility by virtue of the 14th Amendment to the U.S. Constitution and a purported birth in the United States. At the same time, Obama claimed he was born with dual Kenyan and US citizenship, an interesting point since Kenya had not yet become independent of Great Britain.

Credible statements, media articles and even his own biography published before or during Obama’s first presidential campaign contradict his public life story.

Judy interprets the “natural born Citizen” clause to mean that a person  not only begins his life on U.S. soil, but must also have been born to U.S.-citizen parents.  He has blogged extensively on his rationale for that definition, which is shared by a number of constitutional attorneys and a constitutional educator, the latter particularly in regard to the “citizen parents” factor.

In July 2014, Judy filed a new lawsuit claiming that his 2012 presidential campaign had suffered irreparable harm from Obama’s alleged ineligibility to hold or seek the same office. Judy’s claim was based on what he said were Obama; his political action committee, OFA; and the Democrat National Committee (DNC)’s violations of the Clayton Act and Sherman Anti-Trust Act.

The case, Judy v. Obama, 1:14cv00093, made its way through the U.S. District Court for the District of Utah, the Tenth Circuit Court of Appeals, and the U.S. Supreme Court.  In September 2015, the Supreme Court refused Judy’s request to proceed in forma pauperis, meaning that as a person of very modest means, he did not have the thousands of dollars required for filing, copying, fees, postage and other expenses.

At the time, Judy took issue with the Supreme Court’s decision to deny in forma pauperis status given that the lower courts had granted it once he submitted documentation of his income, which he also provided to the high court.

Judy then filed a Motion to Reopen which was denied at the federal district level.  However, on January 26, 2017, Judy submitted new information pertaining to the case with a Motion for Reconsideration resulting from a December 15, 2016 press conference held by the lead investigator of a criminal probe into the authenticity of an image posted at whitehouse.gov said to be a representation of Obama’s long-form birth certificate.

Judy explained in an interview on Tuesday that he relied on federal criminal code (P.L. 103-322) dealing with “fraud” and 18 U.S. Code 1028 having to do with forgery of government-issued documents to inform the court of the alleged crime as described by Maricopa County, AZ Cold Case Posse investigator Mike Zullo.

During the press conference, Zullo revealed the findings of two professional forensic analysts who reached very similar conclusions to his own in 2012 when he found the image to be a “computer-generated forgery.” Zullo said that the analysts approached the task from different disciplines and were unaware of each other’s work.

Evidence acquired during the 5+-year investigation was to be turned over to federal authorities prior to the new year, when then-Maricopa County Sheriff Joseph Arpaio left office following his defeat in the November election.

Throughout the investigation, Arpaio expressed incredulity at the mainstream media’s lack of curiosity as to investigators’ findings, which were made public on March 1, 2012 and July 17, 2012 prior to the final presser on December 15.

After Judy filed his Motion for Reconsideration with the new evidence, the defendants were given until March 29, 2017 to respond. On March 28, Judy filed a Notice for Decision/Judgement reminding the court that the defendants’ 30-day period to respond was about to expire.

Judy told The Post & Email that as of press time, no response from any of the defendants or their representatives has been received.  He said that the next step is “up to the judge.”

Of his renewed efforts, Judy told us:

One way or the other, “justice” is the part that I think all the people are missing.  Ignoring justice is a path to failure.  If you think you can avoid justice, it will affect you in other ways down the road, which is what I believe about Trump’s handling of the health care bill; it was a fumble.  I don’t know anyone who goes out on the field intentionally wanting to fumble the ball, but that’s what Trump’s been stuck with.

In Christianity, we’d look at it and say, “It was the spirit that was given to him, and that spirit can make him fumble because he didn’t back up the original fight for justice.”  Trump might not be directly affected because he won the doggone election.  He used Republicans and the “birther” issue to get a lot of notoriety, free publicity and things that helped him achieve victory, but when it comes to justice and his winning the election, responsibility and accountability can catch up to him.

He has the ability to call Attorney General Sessions and say, “Hey, I want this looked into, and it needs to be handled.”  That would have upheld the Constitution, and that’s what I would have been doing if I were president.  I still feel as if I’m battling for justice because justice has not been served.  People need justice, whether it is criminally or civilly. If they just threw out justice, we would live in a system of anarchy.

I don’t know any more that I can do after I specifically named the criminal code and presented a lawful criminal investigation which was much higher in expertise than any investigation I could have done. There are a lot of people who have been involved in my case because as a presidential candidate, I have the standing to bring all of this to the judge.  We have a claim for justice, and they can’t just tell every single victim who approaches them that they are not a victim of the crime and they shouldn’t feel sorry for themselves.

The Cold Case Posse investigation takes the politics out of it.  And it’s not just Mike Zullo; he took it to these other organizations who used their own expertise to reach their own conclusions.

Judy told The Post & Email on Tuesday evening that he expects to receive notification from the court on his Notice for Decision/Judgement “within a few days” of its filing, which should have occurred on Wednesday and been docketed on Thursday.

He continued:

We’re finding out more and more; it didn’t all happen overnight.  A lot of people think because Obama is out of office that his burden on the taxpayers is gone.  But it continues with his stipend and retirement income.  I figured that just his retirement pay is $8 million. He has a $65 million book deal based on his presumably being legitimate.  If this case were heard and recognized by the scales of justice in the court, that deal might not happen.

Obama says he’s staying in French Polynesia for a month to work on the book; he is also out of the United States but is definitely aware of this case.  On Tuesday, when I sent the notice to the court, I had to send it to Obama in Washington, DC and to the DNC at their Washington address.  I have done that with every single paper, so they are well aware of this case.

I don’t know exactly what would happen if the judge said, “We need to assign a prosecutor to this case.”  If he signed the Order to Show Cause, it would not just be Obama coming in; it would also be the DNC because of the two corporations which combined their actions in a criminal cover-up.

In 2012, we had already been told by the Cold Case Posse that the image is a forgery.

We’re seeing so much in the news media over the alleged influence of Russia on the election.  On Tuesday morning, Trump tweeted that the press should focus on Hillary [Clinton] and her part in the uranium sale to Russia.  But he didn’t say anything about the 2012 or 2008 election and how people didn’t get to vote on the correct set of facts.

“You probably heard Atty. Larry Klayman say that his client, former NSA and CIA contractor Dennis Montgomery, alleges that the 2008 Florida election returns were altered to ‘help’ Obama win the election.  While Florida might not have been enough to tip the Electoral College to Obama, we don’t know if it allegedly occurred in other states,” The Post & Email commented, to which Judy responded:

The repercussions of this would change strategy for both the GOP and the Democrat Party.  For people who ask, “What does it matter now?” if Obama was an ineligible president during those eight years, then every piece of legislation he signed is invalid, including Obamacare.  The Republicans would probably benefit the most from that because they wouldn’t have to take this portion or that portion and revamp it; they would have to start from scratch. We’re spending millions and millions of dollars right now in legal fights that probably don’t need to be fought.

It hurts Trump and his base because he chose to focus on repealing tiny sections of Obamacare and endorsing the rest of it, which basically failed anyway.  Replacement of the bill could very well take the next two years, which could affect the next presidential election.  It’s a huge deal; it’s really big, and I think Trump should have been vocal and used his bully pulpit to advocate for my case and for justice.  But he just has not done it.  I feel that he has abandoned the issue because he thinks it doesn’t matter.  But if he thinks it doesn’t matter, it takes a constitutionally-eligible president to sign Obamacare.

He’s fighting fights because in his mind, Obama was eligible.  I’m saying he’s not eligible, and if the court says he’s not eligible, then Trump is fighting stupid stuff; he’s defeating his own presidency and putting his own foot in his own mouth.

In terms of the ramifications of all the laws Obama signed, I’m starting to look at Trump as an accomplice to Obama because of the hotel he built from the old Washington, DC post office.  I’ve included Trump’s Twitter address in sending out the Cold Case Posse’s “nine points of forgery.”  He’s on one side or the other.  He’s losing ground trying to straddle both because he’s abandoned the “birther” issue with the bully pulpit.  That issue is huge when it comes to Obamacare.

Trump shouldn’t be building on a faulty foundation, and that’s what he’s doing.  It’s the eligibility issue.  It’s much easier to go that way than to go through all of Congress.

There was an NBC poll on my last blog post showing that 72% of GOP voters believe Obama was not born in the United States, which by my definition makes him ineligible.  If that is true, that’s Trump’s constituency that got him elected.  Why isn’t Trump catering to that 72%?  He is shooting himself in the foot.

I’m looking at this as an issue of justice now and whether or not the courts are involved in injustice.  I’m seeking justice. Everybody is included in that framework.  If there’s no justice for me, then nobody else is going to get justice, either.


For those wishing to contribute to Judy’s efforts, donations can be accepted here.

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