1.1. Plaintiff Bryan T. Terry, Sr., [ hereinafter “Plaintiff”] hereby offers this memorandum in support of his motion for injunctive relief , to demand performance of constitutional duties related to the Office of Georgia State, Secretary of State by Karen C. Handel, a/k/a Karen Handel, [hereinafter “Defendant”].
1.2. Plantiff’s complaint challenges the presidential candidate Mr. Barrack Obama’s eligibility to run for Office of President of the United States and demands that the Office of Secretary of State make such determination by acquisition of original documentation or by receipt of verifiable information from another government entity so charged with overseeing the election process such as the Federal Elections Commission.
1.3. Plaintiff argues that when a challenge received by the Georgia State, Secretary of State to the qualification for the office of a candidate appearing on the Georgia State Ballot that the entire burden of proof falls on the Candidate for Office to present such information and documentation to the Georgia State, Secretary of State as would be normal and customary to establish one’s minimum qualifications for office.
1.4. Plaintiff argues that the Office of Secretary of State has the Constitutional and Statutory authority to make such determinations as part of certifying and executing fair and open elections.
1.5. Plaintiff argues that it is only sufficient to show reasonable cause for complaint to the Secretary of State for her Office to require documentation of the respective candidate relevant to determination of minimum qualification; that lacking explicit statute defining the requisite documentation that the Secretary of State has the intrinsic authority to set those reasonable standards that would establish certain confidence in the people in the electoral process.
1.6. Plaintiff seeks focused and expedited review, to protect the veracity of the electoral process and maintain the people’s confidence in the government.
2.1. Article II, Section I of the United States Constitution, states in particular part, “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; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen years a resident within the United States.”
2.2. Mr. Barack H. Obama is a candidate for the Office of the President. However, Mr. Obama must meet the qualifications specified for the United States Office of President, which is, he must be a “natural born” citizen. Mr. Obama has failed to demonstrate that he is a “natural born” citizen. There are other legal challenges before the Federal Courts and certain State Courts regarding aspects of lost or dual citizenship. That challenge in and of itself further demonstrates Plaintiff’s argument that reasonable doubt exists as to the veracity of the electoral process that would allow such fundamental questions exist at this late hour preceding the election.
2.3. The Georgia State office of Secretary of State is responsible for the veracity of the Georgia State election process from verifying ahead of time the qualification of the voters, the ballots themselves, the candidates and the final counting and certification of results. That office is intended to be non-biased and to provide the critical sense of fairness and correctness necessary for the people to have faith in the fundamental underpinnings of the democratic basis for our republic.
2.4. There is a reasonable and common expectation by the people that to qualify for the ballot that the individuals so listed meet the minimum qualifications as outlined in the constitutions and that proof of those minimum qualifications has been received by the officials executing the election process. Heretofore, only a signed statement from the candidate attesting to meeting those qualifications was requested and received by the Office of the Secretary of State with no verification demanded. This practice, it should be noted, represents a much lower standard than that demanded of one when requesting even a driver’s license. Since the office of Secretary of State has at its core the mission of certifying and establishing the veracity of the election process, this complaint seeks a directive to the Georgia State Office of Secretary of State to receive appropriate verifiable documentation and certify any individual’s qualification for Office whose basic credentials for that Office have been challenged by formal request to the Office of Secretary of State from a citizen of Georgia State.
2.5. In the case of individuals seeking the Office of president of the United States, the U.S. Constitution prescribes a system of electors where citizens of the respective state have a state controlled election wherein electors representing the interest of the named individual on the state ballot are so elected to represent the interests of the respective state at the electoral college. Thus, we do not have a federal ballot controlled by the federal government; we have a Georgia State ballot where we elect electors who in turn represent the named individual on the ballot. That is one more reason that the Georgia Secretary of State has purview over the certification of not just the counts of the ballots so cast, but also the veracity of the contents of the ballot.
2.6. This complaint of failure to carry out a key task in our election system could be satisfied should verification of candidate qualifications be received from original or certified documents from primary sources or from a verifiable report generated from government agencies such as the Federal Elections Commission. It is the Georgia State, Secretary of State’s duty to certify the veracity of documents or reports so received.
2.7. To avert likely civil unrest and a constitutional crisis which would certainly accrue after the election through laborious legal challenges and impeachment process, this complaint seeks to resolve such complaints prior to the election. It was incumbent on the candidates to present such documentation, but to date Mr. Obama has failed to do so.
2.8. This complaint seeks specifically to verify through the office of the Georgia Secretary of State that Mr. Obama is a “natural born” citizen.
2.9. At this point, Mr. Obama has not allowed independent or official access to his birth records and supporting hospital records. Mr. Obama’s citizenship status has and is being challenged in the federal courts which challenge will cast doubt on the veracity of the electoral system regardless of outcome if not resolved prior to the election. The Georgia State, Secretary of State Office is specifically charged with certifying and guaranteeing the veracity of official documents and overseeing the elections to with the people’s confidence in the fundamental aspect of democracy is maintained. To date, in this regard, Secretary of State Karen Handel has not carried out that fundamental duty.
2.10. The Federal Elections Commission (FEC) is generally tasked with providing oversight and verification of federal candidates. To date, the FEC has not produced either certification or verifiable documentation regarding the candidate’s basic qualifications for office. Lacking that certification from the FEC, this complaint requests the Georgia State Secretary of State Karen Handel to formally request of Hawaii State Health Department officials to produce forthwith a certified copy of his “Vault” [original long version] Birth Certificate.
2.11. This complaint requests that Georgia State Secretary of State Karen Handel formally requests primary backup materials if they exist of hospital records that would lend veracity to a Hawaii live birth declaration. A court order of discovery is requested to assist that investigation directed to the respective hospital of so identified on the live birth certificate.
2.12. Should Mr. Obama be discovered, whether by virtue of malfeasance, or negligence, or ignorance on his part to not have a valid certified U.S. birth certificate or to otherwise due to have been revealed by such examination of original records to be ineligible for the Office of President of the United States of America and thereby his nomination be declared void by the appropriate authorities acting under the law, Plaintiff as well as other Americans will suffer irreparable harm including but limited to:
2.12.1. Functional, or actual, disenfranchisement of large numbers of citizens, being members of the Democratic Party, who would have been deprived of the ability to choose a qualified nominee of their liking;
2.12.2. Irreparable harm to the structure and integrity of the Democratic Party and the Democratic National Committee. In turn, this too would lead to disenfranchisement.
2.12.3. If the candidate Mr. Obama were to secure the election and later be discovered ineligible, the resulting constitutional and national security crisis that would ensue would generate a severe and genuine likelihood of civil disturbance by virtue of reaction to said disenfranchisement and upset.
2.13. It was well expected that after all the public concern that has been raised over the preceding months now by the lawsuit filed in U.S. District Court in Philadelphia and the lawsuit filed in Washington State Superior Court, that Mr. Obama would have released for public or official scrutiny the relevant documentation to back up his claim of qualification as a “natural born citizen.” However, Mr. Obama’s reaction and that of the Democratic National Committee (DNC) in the Philadelphia lawsuit has been to file a motion to dismiss rather than produce the certified documents. This validates Plaintiff’s concern that Mr. Obama has no intentions of releasing said documentation for review or cannot because they do not exist. The late hour of this request has been dictated by the delaying tactics of the candidate Mr. Obama, and this and the DNC’s non-responsiveness to the valid requests in other respective Courts, as mentioned above.
3.1. As we do not have a federal ballot per se, Georgia State, through the office of the Georgia State Secretary of State creates its own ballot and supervises the same, electing electors to represent our choice for the Office of President. This case arises under the Georgia Constitution _____________________ and ____________________, and the laws of the United States and presents a state question within this Court’s jurisdiction.
4.1. Plaintiff, Bryan Thomas Terry, Sr. [hereinafter “Plaintiff”], is an adult individual with a home address of 613 Mead Street, Se, Atlanta, GA 30312. Citizen U.S.A.
4.2. Defendant, Karen C. Handel, a/k/a Karen Handel is an adult individual with an office address at 214 State Capitol, Atlanta, GA 30334. Georgia State, Secretary of State.
5. FACTUAL ALLEGATIONS THAT DEMONSTRATE THE NEED TO PROOF THE CANDIDATE’S MINIMUM CONSTITUTIONAL QUALIFICATION.
5.1. these allegations and statements are not intended to be proof of the status of Mr. Obama’s citizenship or lack thereof. That will be determined in the venue of the _______________________. The listing of the allegations detailed below are included to demonstrate the reasonable assertion of the need for the Georgia State Secretary of State to reestablish public confidence in the veracity of the electoral process and the obvious need for pre-certification as to a candidate’s meeting the minimum constitutional requirements.
5.2. By the U.S. Constitution, in order to run for office of the President, you must be a “natural born citizen” and you may not hold dual citizenship or multiple citizenships with foreign countries. U.S. Constitution, Article II, Section 1.
5.3. There are questions as to where Obama was actually born; in the United States or abroad but subsequently registered in Hawaii. There are further questions regarding Obama’s United States citizenship, if he ever held such, being expatriated and his failure to regain his citizenship by taking the oath of allegiance once he turned eighteen (18) years of age. There are additional questions regarding Obama’s multi-citizenships with foreign countries, which he may still maintain. To date, Obama has refused to prove that he is qualified under the U.S. Constitution and his eligibility to run as President of the United States despite requests and recent opportunities to do so in Federal Court.
5.4. The “certificate” that Mr. Obama has posted on his official website is a “Certification of Live Birth,” and not a “Birth Certificate” from Hawaii. There is no indication on even this certificate as to specifically where the birth took place.
5.5. Researchers have claimed to have been unable to locate any birthing records in island hospitals for Barack Obama’s mother. Mr. Obama has offered none for review.
5.6. Three forensic document experts have published extensive reports claiming that there is evidence of tampering on even the Obama website-displayed certificate.
5.7. Numerous Freedom of Information Requests have been sent to officials in Hawaii with no response from the public officials nor has Mr. Obama granted access for release of the information lending to the concern over the veracity of the attestation on the candidate’s application for candidacy for the office of the President of the United States.
5.8. The facts are undisputed by Obama that his mother, Stanley Ann Dunham, was a U.S. citizen however, his father, Barack Obama, Sr., was a citizen of Kenya. Obama’s parents, according to divorce records, were married on or about February 2, 1961.
5.9. Obama claims he was born in Honolulu, Hawaii on August 4, 1961; however, he has never given the name of the hospital he was born in; whereas there are reports that Obama’s grandmother on his father’s side, half brother and half sister claim Mr. Barack H. Obama was born in Kenya. Reports further reflect that Mr. Obama’s mother went to Kenya during her pregnancy. Wayne Madsen, journalist with “Online Journal” as a contributing writer published an article on June 9, 2008 stating that a research team went to Mombassa, Kenya, and located a Certificate Registering the birth of Barack Obama, Jr. at a Kenya Maternity Hospital, to his father, a Kenyan citizen and his mother, a U.S. citizen. There are claims of records of a “registry of birth” for Obama, on or about August 8, 1961 in the public records office in Hawaii, but these have not been released for scrutiny. It is alleged in the Federal suit and is a matter of much general speculation that Mr. Obama’s mother was prevented from boarding a flight from Kenya to Hawaii at her late stage of pregnancy, which apparently was a normal restriction to avoid births during a flight. It is likely that Stanley Ann Dunham (Obama) gave birth to Obama in Kenya, after which she flew to Hawaii and registered Obama’s Birth.
5.10. Regarding the alleged birth of Barack Hussein Obama in Honolulu, Hawaii, it is variously circulated that Obama’s birth is reported as occurring at two (2) separate hospitals, a Kapiolani Hospital and Queens Hospital. Obama has provided no proof of birth from either of these or any other U.S. based facility. He has made no effort to address these public concerns.
5.11. There are no published or known hospital birthing records for Stanley Ann Dunham (Obama), Obama’s mother. There are only claims of records of a “registry of birth” for Obama, on or about August 8, 1961 in the public records office in Hawaii.
5.12. There is even a Canadian Birth Certificate posted on the Internet in the name of Barack Hussein Obama, Jr.; however, the date of birth shows to be August 23, 1961.
5.13. At the time of Obama’s birth in 1961, Kenya was a British Colony. Subsequently, under the Independence Constitution of Kenya, Mr. Barack H. Obama became a Kenyan citizen on December 12, 1963. there are no indications or reports that Mr. Obama ever renounced dual citizenship conferred either by nature of birth or by virtue of his father’s Kenyan citizenship. On Mr. Obama’s Senate website, Mr. Obama acknowledges his father holds Kenyan nationality but avoids addressing that he (Mr. Barack H. Obama) also held/holds Kenyan nationality.
5.14. If in fact Obama was born in Kenya, the laws on the books in the United States at the time of his birth stated that if a child is born abroad and one parent was a U.S. citizen, which would have been his mother, Stanley Ann Dunham, Obama’s mother would have had to live ten (10) years in the United States, five of which were after the age of fourteen (14). At the time of Obama’s birth, his mother was only eighteen (18) and therefore did not meet the residency requirements under the law to give her son (Obama) U.S. Citizenship much less the status of “natural born.” The laws in effect at the time of Obama’s birth prevented U.S. Citizenship at birth of children born abroad to a U.S. citizen parent and a non-citizen parent, if the citizen parent was under the age of nineteen (19) at the time of the birth of the child. Obama’s mother did not qualify under the law on the books to register Obama as a “natural born” citizen. Section 301(a)(7) of the Immigration and Nationality Act of June 27, 1951, 66 Stat. 163, 235, 8 U.S.c . Sect. 1401(b), Matter of S-F-and G-, 2 I & N Dec. 182 (B.I.A.) approved (Att’y Gen. 1944). Obama would have only been Naturalized and a Naturalized citizen is not qualified nor eligible to run for Office of the President. U.S. Constitution, Article II, Section I Clause 4.
5.15. Furthermore, if Obama had been born in Kenya, his birth father Barack Obama Sr. was a citizen of Kenya; therefore, Obama would have automatically become a citizen of Kenya.
5.16. The Nationality Act of 1940 provided for the loss of citizenship when the person became naturalized upon the naturalization of his or her parent having custody of such person. Obama’s mother expatriated her U.S. Citizenship when she married Lolo Soetoro, a citizen of Indonesia and relocated herself and her son (Obama) to Indonesia.
5.17. Obama was enrolled by his parents in a public school, Fransiskus Assisi School in Jakarta, Indonesia. Copies of the school registration for Obama clearly states Obama’s name as Barry Soetoro and lists his citizenship as Indonesian, Obama’s father is listed as Lolo Soetoro, Obama’s date of birth and place of birth are listed as August 4, 1961 in Honolulu and Obama’s religion is listed as Islam. This document was verified by the television show “Inside Edition”, whose reporter, Matt Meagher took the actual footage of the school record.
5.18. In or about 1971, Obama’s mother sent Obama to Hawaii. Obama was ten (10) years of age upon his arrival in Hawaii.
5.19. Sometime after the return of Obama to Hawaii, Obama’s mother, Stanley Ann Dunham returned to Hawaii and divorced her husband, Lolo Soetoro. At the time of divorce, Obama’s mother, Stanley Ann Dunham could have regained her U.S. citizenship. In order to regain her citizenship, Obama’s mother would have had to take the oath of allegiance required. Such oath of allegiance may be taken abroad before a diplomatic or consular of the United States, or in the United States before the Attorney General or the judge or clerk of court. Such Oath of Allegiance would have been entered in the records of the appropriate embassy, legation, consulate, court or the Attorney General and upon demand, a certified copy of the proceedings, including a copy of the oath administered, under the seal of the embassy, legation, consulate, court or the Attorney General shall be delivered. The certified copy shall be evidence of the facts stated therein before any court of record in judicial tribunal and in any department or agency of the Government of the United States. 8U.S.c.Sect 1435.
5.20. Obama’s mother failed to take the oath in order to regain her U.S. Citizenship. Therefore, Obama would not have been able to regain his U.S. Citizenship until he turned eighteen (18) years and then only after he took the Oath of Allegiance before a diplomatic or consular officer of the United States, or in the U.S. before the Attorney General or the judge or clerk of court. Since the Oath of Allegiance would have been entered in the records of the appropriate embassy, legation, consulate, court or the Attorney General, then Obama should be able to produce in court a certified copy of the proceedings, including a copy of the oath administered. No such copy has been to date produced for public examination.
5.21. After many attempts of the public to obtain Obama’s Certificate of Birth, a Hawaiian Certificate of Live Birth (COLB) was placed on Obama’s campaign website. However, as posted all over the internet, three (3) independent Document Forensic Experts performed extensive forensic testing on the Certificate of Live Birth as posted on Obama’s campaign website. The Forensic Expert findings were that the posted Certificate of Live Birth (COLB) was a forgery. It was further discovered that the posted COLB had evidence of having been created from an altered/forged from a COLB issued to Maya Kasandra Soetoro, born in 1970. Maya Kasandra Soetoro is Obama;s half sister who was born in Indonesia and her birth was later registered in Hawaii. The altered and allegedly forged COLB is till on Obama’s website located at http://my.barackobama.com/page/invite/birthcert.
5.22. Even if Obama had and subsequently maintained his United States Citizenship, which citizenship he has failed before District Court to demonstrate, he may still carry citizenships in Kenya and/or Indonesia. These facts call into question what the constitution attempted to address regarding potently divided loyalties with foreign countries. Thus, Mr. Obama carries multiple citizenships and would be ineligible to run for President of the United States. United States Constitution , Article II, Section 1.
6. FAILURE TO GRANT INJUNCTIVE RELIEF WILL REALIZE THESE DETRIMENTS:
6.1 Failing to officially and publicly vet the status of the citizenship claims of Mr. Obama will cast a pall of doubt on the election process and taint the election results themselves.
6.2 Failure to grant injunctive relief would allow a potentially corrupted, fraudulent nomination and election process to continue.
6.3 Failure to grant injunctive relief demanding the Georgia State, Secretary of State certify the minimum qualifications of challenged candidates not only allows, but promotes an overwhelming degree of disrespect and creates such a lack of confidence in voters of the primary and electoral process itself, so that it would cement a prevailing belief that no potential candidate has to obey the laws of this country, respect our election process, follow the Constitution, or even suffer any consequences for lying and defrauding voters to get onto the ballot when they have no chance of serving if they fraudulently manage to get elected.
6.4 As stated above, Plaintiff as well as all American citizens will suffer irreparable harm if injunctive relief is not granted. Plaintiff does not have any other way of redress regarding these very significant and important issues.
6.5 Despite many complaints, the FEC has failed Plaintiff and the American citizens by their failure to date to perform due diligence and inquire into Mr. Obama’s eligibility to run for Office of the President. Lacking such certification, it is incumbent on the Georgia State, Secretary of State to certify or decertify as to the eligibility for office before the election based on the availability of clear documentation demonstrating that minimum qualifications for the respective office has been met by candidates.
7. WHEREFORE, PLAINTIFF RESPECTFULLY PRAYS THAT THIS COURT:
7.1 Grant injunctive relief demanding that Georgia State, Secretary of State Karen Handel immediately acquire primary documents or certified copies from primary sources such as Health Department and hospital records or verifiable reports regarding same from the FEC.
7.2 Plaintiff requests Georgia State, Secretary of State Karen Handel to immediately demand such verifiable report from the FEC or demand a certified copy of Obama’s Certificate of Live Birth and subpoena as needed for the release hospital records if so claimed on said Live Birth Certificate to further prove he was born in Hawaii as Mr. Obama claims.
7.3 Direct Georgiua State, Secretary of State Karen Handel to certify or decertify the challenged candidates prior to the election based on the availability of clear documentation.
7.4 Plaintiff requests the Georgia State, Secretary of State Karen Handel to immediately demand a certified copy of Obama’s Oath of Allegiance proving he regained his United States Citizenship.
7.5 If Secretary of State Karen Handel is unable to document a certified record of Obama’s oath of allegiance and birth and hospital records, Secretary of State Karen Handel must decertify Mr. Obama as a valid candidate for the office of President of the United States Office of the President under the United States Constitution, Article II, Section I.
7.6 Award Plaintiff such costs and fees applicable by law; and further relief as the Court deems just and proper.
Bryan Thomas Terry, Sr.
613 Mead St. SE, Atlanta, GA 30312
I, BRYAN THOMAS TERRY, SR., hereby state that I am the plaintiff in this action and verify that the statements made in the foregoing Complaint for Injunctive Relief are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of law relating to unsworn falsification to authorities.