“NATURAL BORN CITIZEN” STILL RELEVANT TO OBAMA
by Joseph DeMaio, ©2020
(Mar. 1, 2020) — One of the commenters to this P&E post posed the legitimate question: does not the federal statute governing qui tam actions provide for mandatory dismissals of such actions where the substance of the action has previously been publicly disclosed through the news media? The answer is: maybe. Stated otherwise, as to the comment by Lindsay Boxer, yes, there is a bigger-than-zero potential that a court could dismiss under the applicable statute, 31 U.S.C. § 3730(e)(4)(A)(iii). However, there are also exceptions to the mandatory dismissal language of that statute.
First, a dismissal is conditioned under the statute upon a lack of opposition to same by “the Government.” Stated otherwise, if “the Government,” presumably through the U.S. Attorney General – now, Mr. William Barr – opposes the dismissal, the action should survive and proceed. As noted here, there is a higher likelihood that, unlike the prior Obama/Holder administration, the Trump Administration would support, or at minimum not oppose, such an action. But given the highly-charged and toxic nature of the current political landscape, no such action would be prudent, if at all, until after November 2020 and then, only after President Trump wins.
Second, another exception to dismissal is if the person bringing the action is an “original source” of the information. An “original source” is defined in subsection (B) of the statute as an individual “who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the Government before filing an action under this section.” (Emphasis added)
The thrust of a new qui tam action would not directly challenge Obama’s eligibility as president, as virtually all of the prior attempts over the years have done. That issue is now probably legally moot since he is no longer in office. However, the fact that these actions may be moot as to Obama does not mean, of course, that his purported bona fides as a “natural born Citizen” have been adjudicated. Far from it. It only means that the persons trying to get a decision have, in virtually all instances, lacked “standing” to maintain their actions, resulting in their dismissals.
Instead, the new qui tam action would challenge his right to continue receiving – and/or the continuing authority of the Treasury Department to pay to him – the taxpayer-funded pension provided to “prior presidents” under 3 U.S.C. § 102. That is a matter which would “materially add” to the previously-disclosed issues surrounding Obama’s purported constitutional eligibility and is one that is decidedly not moot.
While some might argue that this is a “distinction without a difference” and that the court would still likely dismiss, ask yourself this: what other mechanism has a chance of accomplishing the result sought, i.e., obtaining a decision of an Article III federal court (and potentially up to and including the U.S. Supreme Court) on the question of whether someone other than a “natural born Citizen” is entitled to receive the presidential pension provided for under 3 U.S.C. § 102?
Any better ideas?
Chris Farrell, We have been at war for (19+) years in Afghanistan. Obama usurped the Presidency, fraud, during time of war. That makes Obama a spy SUBJECT TO Court-Martial under the UCMJ Section 906, Article 106- SPIES. It also makes Obama a Traitor.
That issue…” Obama’s eligibility to ever have been the legal sitting POTUS, “…is now probably legally moot since he is no longer in office. NO!
Wrongly worded by the author! It is not a case wherein “The thrust of a new qui tam action would not directly challenge Obama’s eligibility as president,…” but a case wherein a new qui tam action would directly challenge Obama’s eligibility to ever have been the legal sitting POTUS.
Obama was illegally sworn into office the first two times he was sworn in while in the commission of the serious crime of fraudulently representing himself as constitutionally eligible to be POTUS while knowingly not so.
Obama fraudulently represented himself as a constitutionally eligible to be president natural born citizen and defended that fraudulent claim with a manufactured multi-layered electronic file forgery and a forged Selective Service Registration card as indisputably established as fact by former Maricopa County, Arizona sheriff Joe Arpaio’s Cold Case Posse investigation which was commanded under ‘Sheriff Joe’ by Mike Zullo.
No less than eight other attempts at subverting the Article II natural born citizen clause had been launched in the years leading up to Obama’s criminal usurpation of the office of POTUS as presented by Pastor Carl Gallups in his famous YouTube video presentation on the subject ‘Illegal Obama Propped-Up by Congress.’
Everything that the Manchurian Muslim from Mombasa Barry Soetoro, (his name while attending the indoctrination in Muslim madrass in Indonesia where there is only one book in the curriculum–the Koran), a.k.a. ‘Soebarkah,’ which was the name his mother listed him under in one of her U.S. Passports, should be retroactively abrogated as having taken place during the commission of a crime–the criminal usurpation of the office of POTUS and the position of commander-in-chief of the armed forces of the U.S.A.
Obama should be tried by military tribunal as an enemy agent of Islam who is practicing taqqiya.
It sounds like Joseph DeMaio believes that some person with independent and material information is keeping the powder dry until after the election.
Who is this person? What is the information?
The fact that Obama managed to skate through an (8) year unlawful and unconstitutional occupation of the Oval Office does not relieve him of having to suffer the consequences of doing so. Obama usurped the Presidency by fraud, during time of war. That made Obama a spy under UCMJ 906.106 as well as a traitor under 18USC, Part 1, Chapter 115, Sec.2381. Obama was formally placed under citizens’ arrest by me in 2012. The then AG of the U.S. was formally served notice of the charges I made and notice that Obama should consider himself under formal citizens arrest for treason and espionage along with impersonation of a Public Official. As people who have read my comments over the last (11) years know, I have re-filed that citizen’s arrest with every subsequent AGUS since, including Bill Barr.
“…there is a higher likelihood that, unlike the prior Obama/Holder administration, the Trump Administration would support, or at minimum not oppose, such an action.”
Is there any evidence that the Trump Administration has any interest in supporting such a claim?
Remembering that the success of such a move would eliminate Nikki Haley, Marco Rubio Ted Cruz and Bobby Jindal from future consideration as presidential candidates.
In fact, I suspect that based on the recent “Granston Memo” the DOJ would unilaterally move to dismiss any such action as their “unfettered right”.
“Any better ideas?”
Accept reality?
In addition to revoking Prez Obamanation’s pension, it would remove his LIFETIME Secret Service protection that he initiated?