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by Sharon Rondeau

(Jun. 24, 2020) — Page 2 of the opinion issued Wednesday morning by an appellate panel of the United States Court of Appeals for the District of Columbia Circuit indicates that an attorney who in 2011 provided his insights on the presidential-eligibility requirement of “natural born Citizen” filed a friend of the court brief in support of the petitioner, Lt. Gen. Michael T. Flynn (Ret).

Flynn served as Obama’s director of the Defense Intelligence Agency (DIA) and was terminated in 2014.  In late 2016, after winning the presidential election, Donald Trump announced Flynn as his choice for national-security adviser.

Three weeks into his new position, Flynn was forced to resign when his leaked conversations with then-Russian Ambassador Sergey Kislyak appeared to contradict his assertions to then-Vice-President-Elect Mike Pence that he did not discuss U.S.-Russia sanctions during the transition period.

Flynn was prosecuted for allegedly lying to the FBI when two of its agents questioned him during an impromptu meeting in the West Wing on the third full day of the administration.  Initially pleading “guilty” on two occasions, in late January with new counsel, Flynn filed a motion to withdraw the plea as new information sought by his new attorney, Sidney Powell, demonstrated that exculpatory information had been withheld by the government.

In May, following an independent investigation into Flynn’s case by U.S. Attorney for the Eastern District of Missouri Jeffrey Jensen, the Justice Department filed a motion to withdraw the charge.  Rather than agreeing to dismiss, U.S. District Court Emmet G. Sullivan, who had unexpectedly accused Flynn of “treason” in open court in December 2018, sought to investigate the Justice Department’s motives in seeking to abandon its prosecution.

After Sullivan announced his intention to investigate, Flynn’s attorneys requested a Writ of Mandamus from the appellate court ordering Sullivan to abandon his mission although, according to Sullivan’s attorney, Beth Wilkinson, Sullivan might have agreed to dismiss the case on his own following a scheduled July 16 hearing.

In their opinion issued Wednesday morning, appellate court Judges Neomi Rao and Karen Henderson wrote that Sullivan would be exercising “a judicial usurpation of power” (p. 31) by insisting on a review of the Justice Department’s decision to withdraw its charge, with Judge Robert Wilkins dissenting.

On June 1, the William J. Olson law firm of Vienna, VA announced its filing of anamicus brief in support of former Attorney General Edwin Meese, III and the Conservative Legal Defense and Education Fund in favor of “the dismissal of criminal charges against General Michael Flynn” with a link to the brief itself, which numbers 23 pages.

One of the brief’s authors, former “constitutional and common” law professor, former “Special Assistant United States Attorney” and former dean of the college of law and government at Regent University Herbert W. (Herb) Titus, is also the author of a YouTube discussion on the “natural born Citizen” question as it relates to Obama.

On June 10, the Olson firm posted a notice of its filing of a second amicus in the Flynn case, stating:

On behalf of Citizens United, Citizens United Foundation, and The Presidential Coalition, our firm filed an amicus brief supporting the dismissal of charges against General Michael Flynn. Our brief also opposes the court’s inquiry into bringing contempt and perjury charges against General Flynn. The case against General Flynn is currently pending in both the U.S. District Court for the District of Columbia, where we filed this brief, and in the U.S. Court of Appeals for the District of Columbia Circuit where we earlier filed a brief for General Flynn.

In May 2011, shortly after the release of an image on the White House website purported to represent Barack Obama’s “long-form” birth certificate, Titus released two videos titled, “Natural Born Citizen?”  The videos appear under the banner, “The American View,” whose namesake website states, “Make The Constitution Matter Again” and invite the reader to “Join our mission to restore the Constitutional Republic through grassroots education” via a subscription.

The image presented as representative of Obama’s original birth record from the Hawaii Department of Health states that “Barack Hussein Obama II” was born on August 4, 1961 at the Kapiolani Maternity & Gynecological in Honolulu to parents Stanley Ann Dunham and Barack Hussein Obama of “Kenya, East Africa.”

At the time Titus produced the videos, the five-year investigation into the image commissioned by the Maricopa County, AZ Sheriff’s Office (MCSO) which found the birth-certificate image to be fraudulent had not yet commenced.

Titus opened Part 1 of the mini-series with, “The question of Obama’s birth, where he was born, is an important question.  But the more important question is whether or not he is a ‘natural born Citizen’ because he was born in Hawaii. The conventional wisdom is that if he could produce a birth certificate showing that he was born in Hawaii, that would make him a ‘natural born Citizen.’  That’s not true; that only makes him a citizen by birth, and there’s a distinction between the two terms…”


He continued by differentiating that a “citizen by birth” obtains U.S. citizenship by virtue of his place of birth within the United States. if his “parents were here lawfully” and he is “subject to the jurisdiction thereof,” as the 14th Amendment states.  “Now, most people think that’s a definition of a ‘natural born Citizen,’ but people forget that that was put into the Constitution not for the purpose of defining what a ‘natural born Citizen’ is as it applies to the President of the United States, but it was placed in the Constitution for the specific purpose of declaring that people who were part of the newly-freed slave class were citizens of the United States…”

“What is a ‘natural born Citizen?'” Titus asks at 3:10.  “Another way of putting it is there is a law of the nature of citizenship.  If you’re a natural born Citizen, you’re a citizen according to the law of nature, not according to any positive statement in a constitution or in a statute, but because of the very nature of your birth and the very nature of nations and your relationship to the nation as a citizen…If you want to find out whether someone’s a natural born citizen, go back and look at what the law of nature would be or would require in order to be a citizen by birth, and that’s precisely what a natural born citizen is [is] one who is born to a father and a mother, each of whom is a citizen of the United States…”

As a result of the release of the White House birth-certificate image and Obama’s reported father’s status as a non-U.S. citizen, Titus said, “Obama doesn’t qualify as a natural born Citizen for the office of presidency.”

In Part 2, which lasts just over two minutes, Titus contends that the natural born Citizen requirement applies solely to the nation’s chief executive because “the president is the chief constitutional officer of the United States.”  The Framers, Titus said, wanted to ensure that the president harbored no “divided loyalty based upon a mother or a father being a citizen of another nation.”


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  1. Leonard. The requirement that a President and VP MUST be a “Natura Born Citizen” continues to this day.

    An NBC IS one born IN the US to parents who are BOTH US Citizens themselves. -Minor v Happersett, USSCt. (1874).

    Fox news reports that Kamala Harris is no.1 on Phony ex-VP to Phony POTUS Obama’s list. The frauds continue.

    George Buck, running for US Congress office in the 13th Congressional District of Florida is advocating that ALL Congress members be required to be Natural Born U.S. Citizens. I second that motion.

  2. Another case pertinent to this discussion is Captain Pamela Barnett v. Barack Hussein Obama (2009), in which Obama’s Kenyan birth certificate was included as evidence. This case was dismissed before the document could be certified by a Kenyan court of proper jurisdiction.
    The April 27, 2011 ‘long form’ certificate posted on the White House website was determined fabricated in Adobe Illustrator (it was posted as an ‘unflattened’ PDF revealing its editing history of parts copied and pasted) the very day it was posted.
    In the final analysis, the simple fact of having a non-citizen father disqualified Obama. Until 1952, a U.S. citizen father was required to be a natural born citizen, or a citizen at birth under “proceedings under the naturalization acts.” Elk v. Wilkins, 112 U.S. 94 (1884)
    Citizenship at birth to alien parents, merely if born on U.S. soil, was created by the U.S. Supreme Court in 1898, and did not revise Article II’s ‘natural born citizen’ presidential requirement.

  3. Bud White, Wong Kim Ark case referenced the unanimous opinion in Minor that it is NOT doubted that a person born in the U.S. to parents who are both citizens themselves IS a Natural Born Citizen. It further expressed doubt as to any other type of citizen that did not take parental citizenship status into consideration.

    Erin Lawlor, I researched Santorum and he is an NBC. Chester Arthur also served as “President” even though he was ineligible. Obama is the second phony “President” in U.S. History.

    Add to the list: Arnold Swarzenegger and Tammy Duckworth.

  4. Erin Lawlor:

    I did not do a background research on Bernard (Bernie) Sanders’ nativity, specifically the status of his parents’ citizenship. Indeed, if Bernie Sanders was born in the U.S.A. to less than two U.S. citizen parents, then thank you for that eye-opener.

    Rick Santorum may pass natural born Citizenship muster, though. I will leave that determination up to a commenter who is more informed in the matter. Otherwise, good coverage on the list of the presidential candidate frauds.

    Someone not mentioned in your comment was Barry Morris Goldwater who was born on January 2, 1909, in Phoenix, Arizona Territory, three years prior to Arizona statehood. Goldwater lost the 1964 campaign for the presidency to Lyndon B. Johnson in an unprecedented landslide. In my mind, Barry was a potential presidential usurper and a non-natural born Citizen, because although Arizona was U.S. property, Arizona was not part of the U.S.A. (country) when Barry was born.

  5. Non Natural Born Citizens in or attempting to occupy the Presidency.

    -Chester Arthur – elected as VP
    -Barrack Obama – elected as POTUS

    -George Romney
    -John McCain
    -Bobby Jindal
    -Rick Santorum
    -Ted Cruz
    -Marco Rubio
    -Bernie Sanders
    -Kamala Harris
    -Tulsi Gabbard
    -Andrew Yang

    Not a candidate but often promoted by people:
    -Nikki Haley
    -Don Trump Jr, Ivanka Trump, Eric Trump.

  6. I still have hope that Obama will finally be charged with…..something. But for him to be found ineligible in a way which would nullify everything he did while he was pretending to be president is IMO too huge to ever be done. One example is removing the two leftist Supreme Court justices appointed by Obama. Another example, imagine the reaction of people who lost loved ones sent into combat by a commander-in-chief who really never was. My communications with members of Congress revealed early-on (2009) that they were NEVER going to admit Obama is ineligible or an identity fraud. This included both political parties. They locked themselves in when they did and said nothing to prevent Barry from being sworn-in back in 2009. I have wondered if one of the major reasons the installers of Obama picked him….along with his race-protection, was his ineligibly. They knew that once he was sworn-in the game was over as far as Obama ever being found ineligible. This also protected him from impeachment, whatever the stated reason, even more than fear of being called racist. Even those who did not want Obama as the putative president became complicit in the huge criminal act which effectively gave America’s government and her military to the enemy… and they also protected him and others to protect themselves. Hillary was the planned in 2008 after Obama cover and “closer” for the Globalist/Deep State take-over of America from the inside. With Hillary the transition would have been completed with millions of Americans still clueless as to what was happening. The election of the “birther” Donald Trump instead, who had already proven he did not believe Obama was legit, sent the many complicit in The Obama Fraud into a big time panic to remove President Trump from office before the truth about Barry is fully revealed and acted on and the efforts to remove President Trump from office themselves are proving Obama’s ineligibility and identity fraud.
    None of this has been hard to follow or understand all the way back to 2009…..but it has been too big to openly discuss, even by the “good guys” who have known Obama is a fraud for as long as I and millions of other American citizens. It does seem that recently we have been creeping toward justice for some complicit in The Obama Fraud and because of that the panicked efforts to remove President Trump have intensified…..what else will the many complicit do to try to protect themselves?

  7. Titus said in an amicus brief that Wong Kim Ark needed to be overturned because it made any born in US natural born citizens.

    He cited form Minor but did not say it was binding precedent.

    Rudy v. Lee

  8. After Barry Soetoro left office he visited Kogele Kenya where he gave a speech. In the speech he stated”I am the first American president to have come from Kenya”. These were his exact words. What does that tell you.?

  9. There are several very old Supreme Court cases that have affirmed the immutable fact that a Natural Born [U.S.] Citizen is nothing else but a person born in the United States to parents who are both U.S. Citizens themselves. This IS the criteria. Nothing less then this “three-legged stool” test will stand. Since Obama, no less then SEVEN ineligible candidates have tried to get elected as POTUS. This practice has got to stop. NY State still misrepresents the Constitutional criteria for being President and VP, on it’s official NY Board of Elections website. This even after being sued twice by me all the way up to SCOTUS. My list of ineligibles is getting longer everyday. They are Chester Arthur,Barack Obama,John McCain, Ted Cruz,Bobby Jindal,Marco Rubio, Arnold Swarzenegger, Tulsi Gabbard, Kamala Harris and Tammy Duckworth. I am sure that there are several others. So far, this nation has had two “Imposters in the Oval Office”. They are Chester Arthur and Barack Obama. Let’s nip this subterfuge in the bud now. Biden has Kamala Harris on his short list for VP. Biden knows Obama was ineligible. That leads me to the conclusion that the government’s overt failure to enforce our constitution’s prohibition against foreigners in OUR Presidency has led to a pattern of usurpations that have already breached our national security and caused great harm to the USA. Failure to enforce it in the future may very well be the cause of the demise of our great nation. “We have a republic. IF we can keep it”-Benjamin Franklin.

  10. To: Herbert Titus. Tell it to U. S. Supreme Court Chief “Justice” John Roberts Jr. I’m talking about the meaning of Natural Born American Citizen. Also, while you’re at it, take note of the disturbing, if not treasonous, fact that Roberts knew a great deal about Obama’s constitutionally ineligible background when he swore in Obama. And, Roberts allowed Obama to in effect STEAL our country’s presidency and command of our armed forces twice, in 2008 and again in 2012.