Wednesday, April 8, 2009

Analyst warns eligibility could become flashpoint

(Compiler's note: This is a must read article. This is NOT GOING AWAY!!)

By Bob Unruh

'It is morphing now to include members of the armed forces'

A security analyst who provides intelligence information to a wide range of law enforcement, private corporation and security interests has written in a publicly released "white paper" that the issue of Barack Obama's eligibility to be president could become a "flashpoint" in the United States.

The suggestion comes from Lyle Rapacki, a former police officer who has worked in the field of psychological disorders for years. Since the 1990s, he has provided his analysis in public "white paper" reports and classified documents to various safety and security interests.

Rapacki's report cited the continuing controversy over Obama's birth certificate and a long list of lawsuits that have alleged he is not eligible to be president under the Constitution's requirement that the office be occupied only by a "natural born" citizen.

If the president would be found to be ineligible, Rapacki suggested, there would be a "constitutional crisis" over which of his orders, laws and actions "should be valid."

"If, however, this case continues and Mr. Obama fights revealing his documentation, there are growing concerns of civil unrest, or worse, being unleashed in the streets of our nation," the report said. "The economic crisis could with this type of constitutional crisis could prove to be a 'flashpoint' that would test conventional law enforcement and elements of homeland security."

Rapacki, now vice president of protective services for Southwest Risk Advisors Inc., also has provided reports to InfraGard, an FBI program that collects information about security, terror, intelligence and other issues.

.... Rapacki said one of his areas of work was to look at various issues that could provide the potential for civil disobedience or civil unrest, and he spotted references to concerns over Obama's eligibility and started looking into it.

His concern rose when he reviewed the implications of an ineligible president, he said.

"This could create a constitutional crisis. What does it do to the decisions that already have been made, already done for the economic issues that can't be taken back?" he wondered.

The investigator, who does not take a political stance on the issues, suggested the public dissemination of his concerns would "stimulate thought and discussion."

WND has reported on dozens of legal challenges to Obama's status as a "natural born citizen." The Constitution, Article 2, Section 1, states, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President."

Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama's American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.

Other challenges have focused on Obama's citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.

Further, others question his citizenship by virtue of his attendance in Indonesian schools during his childhood and question on what passport did he travel to Pakistan three decades ago.

Adding fuel to the fire is Obama's persistent refusal to release documents that could provide answers. While his supporters cite an online version of a "Certification of Live Birth" from Hawaii, critics point out such documents actually were issued for children not born in the state.

Some of the worries expressed by the new intelligence analysis were raised earlier by Ambassador Alan Keyes, a plaintiff in a lawsuit challenging Obama's eligibility. That case, now heading for appeal, claims: "If Mr. Obama is not constitutionally eligible to serve as president of the United States, then no act that he takes is, arguably, valid, the laws that he signs would not be valid, the protective orders that he signs would be null and void, and every act that he takes would be subject to legal challenge, both in courts of the United States of America, and in international courts, and that, therefore, it is important for the voters to know whether he, or any candidate for president in the future, is eligible to serve in that office."

The analysis said the issues began as "campaign rhetoric" but now "is moving toward a crescendo."

Rapacki said when California attorney Orly Taitz, who is working through her Defend Our Freedoms Foundation on several legal challenges to Obama, approached Supreme Court Chief Justice John Roberts with a challenge to review the facts, the dynamics of the situation changed.

"Chief Justice Roberts personally agreed to review the legal brief and the complaint saying such in front of the audience," he reported.

"Motions to be heard on this critical constitutional matter have been dismissed already, or not even accepted by courts in many states – New Jersey, Pennsylvania, Ohio, Georgia, Washington, Texas, North Carolina to name a few. But the issue will not go away; it is morphing now to include active members of the armed forces serving in 'Hot Zones' or theaters of combat."

The analysis also noted Taitz had submitted to the U.S. attorney general, the FBI and others requests for investigations.

The intelligence report cited a request already submitted to Washington for a special prosecutor similar to the one appointed during Watergate.

John Eidsmoe, an expert on the U.S. Constitution now working with the Foundation on Moral Law, separately has told WND the request for information is a legitimate course of action.

"She basically is asking, 'By what authority' is Obama president," he told WND. "In other words, 'I want you to tell me by what authority. I don't really think you should hold the office.'

Eidsmoe said it's clear that Obama has something in the documentation of his history, including his birth certificate, college records and other documents, "he does not want the public to know."

What else could be the reason for his hiring law firms across the nation to fight any request for information as basic as his Occidental College records from the early 1980s, he asked.

While an Obama spokesman one time called the allegations "garbage," the president and his team have withheld other comments. But here is a partial listing and status update for some of the cases over Obama's eligibility:

  • New Jersey attorney Mario Apuzzo has filed a case on behalf of Charles Kerchner and others alleging Congress didn't properly ascertain that Obama is qualified to hold the office of president.

  • Pennsylvania Democrat Philip Berg has three cases pending, including Berg vs. Obama in the 3rd U.S. Circuit Court of Appeals, a separate Berg vs. Obama which is under seal at the U.S. District Court level and Hollister vs. Soetoro a/k/a Obama, (now dismissed) brought on behalf of a retired military member who could be facing recall to active duty by Obama.

  • Leo Donofrio of New Jersey filed a lawsuit claiming Obama's dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.

  • Cort Wrotnowski filed suit against Connecticut's secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.

  • Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public's support.

  • Chicago lawyer Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama's vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.

  • Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama's eligibility could be confirmed, alleging doubt about Obama's citizenship. His case was denied.

  • In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.

  • Also in Ohio, there was the Greenberg v. Brunner case which ended when the judge threatened to assess all case costs against the plaintiff.

  • In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama's citizenship. The case was denied.

  • In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama's birth certificate. His request for an injunction against Georgia's secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.

  • California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters.

In addition, other cases cited on the RightSideofLife blog as raising questions about Obama's eligibility include:

  • In Texas, Darrel Hunter vs. Obama later was dismissed.

  • In Ohio, Gordon Stamper vs. U.S. later was dismissed.

  • In Texas, Brockhausen vs. Andrade.

  • In Washington, L. Charles Cohen vs. Obama.

  • In Hawaii, Keyes vs. Lingle, dismissed.

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