SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS - 29642-08 - 11/12/2010
Plaintiff; Christopher Earl Strunk,
Defendants; David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Thomas P. DiNapoli (NYS Comptroller), Sheldon Silver (NYS Speaker of the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS Assemblyman for the 57th AD), Christine Quinn (NYC Speaker of the Council), William Thompson (NYC Comptroller), Jim Tedisco (NYS Assemblyman), Dean Skelos (President pro tempore of the NYS Senate) in their Official Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their official Capacity and individually; The New York State Board of Elections and John Does and Jane Does, SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama) Individually; OBAMA FOR AMERICA; OBAMA VICTORY FUND, NANCY PELOSI, individual; DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK; STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE; JOHN SIDNEY MCCAIN 111, individually; MCCAIN VICTORY2008; MCCAIN-PALIN VICTORY2008; JOHN A. BOEHNER, individually; THE NEW YORK STATE REPUBLICAN STATE COMMITTEE; THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY; STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE; ROGER CALERO, individually; THE SOCLALIST WORKERS PARTY; XYZ JOINT FUNDRAISING COMMITTEES; NEW YORK STATE BOARD OF ELECTIONS; NEW YORK STATE BOARD OF ELECTIONS, JAMES A. WALSH / Co-Chair, DOUGLAS A. KEUNER / Co-Chair, EVELYN J. AQUILA / Commissioner, GREGORY P. PETERSON / Commissioner, Deputy Director TODD D. VALENTINE, Deputy Director STANLEY ZALEN, Secretary of the State of New York, LORRAINE A. CORTEZ-VAZQUEZ, individually; ZBIGNIEW KAIMIERZ BRZEZINSKI, John and Jane Does; and XYZ Entities.
Notice of Motion for leave to file the First Amended Complaint NYS Supreme Court Kings County
PLEASE TAKE NOTICE that upon the annexed affidavit of Christopher-Earl : Strunk in esse, affirmed November 11,2010 with exhibit annexed, will move for leave to file and serve the Amended Summons and Verified First Amended Complaint before the Honorable David I. Schmidt at the Part 47 Courtroom in the Courthouse st 360 Adams Street Brooklyn New York 10007, on 30th day of November 2010, at 9:30 O'clock before Noon or at a time designated by the court or as soon thereafter as counsel can be heard. - Stamped; Kings County Supreme Court Motion Support APPROVED, Dated, 11/12/10.
AFFIDAVIT IN SUPPORT OF THE MOTION FOR PERMISSION TO FILE A FIRST AMENDED COMPLAINT
Accordingly, I, Christopher Earl Strunk, being duly sworn, depose and say under penalty of perjury: ...
...3. This Affidavit is in support of the Notice of Motion for permission to file a First Amended Complaint (FAC) to the underlying Verified Complaint filed on or about October 27, 2008 and is filed with leave under CPLR Rule 305 and Rule 3025(b); there is no previous request for this relief, nor is there another to benefit.
4. That the Verified FAC with Summons annexed herewith provides nunc pro tunc additional facts and details as a more definite statement of the ongoing injury suffered by Plaintiff along with those similarly situated and that requires the addition of necessary parties and the treatment of the Democratic Party Electoral College of New York as a Class rather than as a matter of individual persons in that the election and vote has already occurred and is merely a matter of state and federal record at the present; and further,
5. That Plaintiff’s injury as a matter of complexity requires standing with CPLR §1353 regarding civil preceding regarding enterprise corruption by all Defendant individuals’ malicious promotion of a scheme to defraud the people of the New York state in promotion of ballot fraud with the 2008 election cycle with ineligible Presidential Candidates intent to launder campaign funds both foreign and domestic to seize the Executive.
6. That necessary Parties as yet known are joined herein pursuant to CPLR §1354 as persons and or enterprise not convicted of the crime of enterprise corruption that is a party to a civil action under this Article 13, whenever joinder of such person or enterprise is necessary with CPLR §1001; and according to Penal Law § 460.40 Enterprise corruption jurisdiction is afforded the Court for participation by a person(s) preparatory to, however separate from a State Finance Law Article 13 Section 190 application.
7. That Plaintiff alleges a suffrage and property taking injury effected by violation of Penal Law § 105.35 by all Defendants individually that are part of a conspiracy of enterprise corruption against the fisc and real property owners as a class similarly situated with applicability for purposes of this article, as to conspiracy to commit the crime of enterprise corruption in violation of section 460.20 of this chapter shall not constitute an offense; however, includes but is not limited to:
Penal Law: § 155.30 Grand Larceny in the fourth degree when The property, regardless of its nature and value, is taken from the person of another; § 170.10 Forgery in the second degree; § 175.25 Tampering with public records in the first degree; § 175.35 Offering a false instrument for filing in the first degree; § 175.40 Issuing a false certificate; § 210.40 Making an apparently sworn false statement in the first degree; § 200.04 Bribery in the first degree; § 190.65 Scheme to defraud in the first degree; § 470.05 Money laundering in the fourth degree; and further,
Election Law: § 17-102. Misdemeanors at, or in connection with, primary elections, caucuses, enrollment in political parties, committees, and conventions; §17-106. Misconduct of election officers; § 17-120. Misconduct in relation to certificate of nomination and official ballot; § 17-128. Violations of election law by public officer or employee; § 17-152. Conspiracy to promote or prevent election; and§ 17-168. Crimes against the elective franchise not otherwise provided for. Any person who knowingly and willfully violates any provision of this chapter, which violation is not specifically covered by any of the previous sections of this article, is guilty of a misdemeanor; with related law in its entirety.
8. That this case has been awaiting results of Affirmant’s FOIA case against the U.S. Department of State et al. in Washington District of Columbia U.S. District Court 08-cv-2234 wishing to obtain facts germane to Causes of Action Two thru Five of the underlying complaint and that have been in part incorporated into the First Amended Complaint herewith annexed; and while there Affirmant in association with other cases has obtained other prima facia facts germane to the first thru fifth Cause of action herein, including notification of the issuance of two affidavits sworn by Speaker of the House Nancy Pelosi in her individual capacity as a member of the Democratic party at the National Democratic Party Presidential Nominating Convention shown in FAC Exhibits B, and C.
9. That there is now substantial prima facie evidence of fraudulent misdirection to put Barack Hussein Obama. John Sidney McCain III, and Roger Calero onto all the State ballots in 2008 at the Federal Elections, involves Defendants Andrew Cuomo the New York Attorney General and Lorraine A. Cortez-Vazquez the New York Secretary of State, NYS Board of Elections, et al. also involves Governor Paterson’s Jesuit Chief of Staff who orchestrated the deception from the governor’s office without properly informing the Governor who is legally blind and otherwise is unable to ascertain such facts for himself relied on the Jesuit, and as such all are in the conspiracy as defined by 42 USC 1985(3) to disrupt suffrage and among other laws that breach Defendants fiduciary duty and injure Plaintiff who contends the State “Little” RICO applies as presently before the Justice David I Schmidt herein.
10. That the NYS Election Law does not express that any of the respective Presidential Ballot Certificates must be a sworn statement or as it requires every other certificate to be sworn as to all matters true and correct as in other Articles thereby arguendo sets a greater responsibility upon the NYS Board of Election Commissioners and or their agents or the Sub-divisions thereof as a fiduciary duty to ascertain the veracity accordingly since it has not been done by a notary public or commissioner of deeds under oath, thereby shifting the burden to the Defendant Board and or sub-divisions accordingly, and that Plaintiff alleges when upon examination of all the Presidential Ballot Certificates shows an arbitrary pattern of enterprise corruption scheme to defraud requiring among other relief a Judicial Declaratory judgment as a legal matter of first impression regarding the fiduciary duty of public officials to make sure there is equal treatment of all certifications for ballot access that has not been done for the 2008 election cycle.
11.That Affirmant has had previous discussions about sealing this case from the public because of my fear of reprisals and that NY Assistant Attorney General and Defendants Counsel Joel Graber stated that sealing would be difficult unless it were strictly a family / domestic relations type of sealing, not something like this case; and therefore as I agree with Mr. Graber, a suitable protective order and related relief associated with it is appropriate and reasonable under the circumstance and that the public has a right to know what we are doing; and
12. Therefore at this point in time, Affirmant asks for a protective order as to Christopher-Earl: Strunk in esse alone, and that Affirmant be afforded an order for a weapon conceal carry privilege in New York state.
13.That Affirmant knows foregoing contents apply to me and my injury that by Respondents misapplication and misadministration of law presents a question of first impression as a State question involving the questionable seating of the New York Electoral College after the questionable ballot access afforded by arbitrary and capricious action of the NYS Board of Elections et al. for the various Party Presidential Candidate Slates at the General Election of November 4,2008; the same is. true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The grounds of my beliefs as to all matters not stated upon information and belief are as follows: 3rd parties, books and records, and personal knowledge.
Wherefore Plaintiff wishes an order of the Court granting the opportunity to file and serve the Amended Summons and Verified First Amended Complaint; and for other and different relief the court deems necessary to serve justice herein.... -snip-
Jump to the Verified Complaint filed... First and Second Cause of Action including Exhibits at Scribd, and embedded below.
THIRD CAUSE OF ACTION
(Sedition, as against all Defendants)
23. Plaintiff repeats each and every allegation contained in the First through Second Cause of Action with the same force and effect as though herein set forth at length.
24. That Democrat Party Elector Candidate Class of Defendants, Public Officer Defendants, the Defendants of NYS BOE, Defendant Presidential Candidates and committees and their agents John and Jane Does act as an enterprise to commit acts of sedition in an agreement, communication or other preliminary activity aimed at inciting treason or some lesser commotion against public authority and policy, as have with state action under color of law undermined the State and Federal election as under 42 USC §1983, §1985(3) and 1986 along with related law in its entirety.
25. That Defendant ZBIGNIEW KAIMIERZ BRZEZINSKI, (Defendant Brzezinski) individually with his place of business at Columbia University in the City of New York School of Foreign Affairs 2960 Broadway New York, NY 10027-6902, is both a blood member of the Sovereign Military Order of Malta (SMOM) on "the right" and of the Scottish Rite Freemason Grand Lodge of Philadelphia on "the left" working for the Jesuits against the sovereign interest of the USA;
26. Defendant Brzezinski‘s world outlook and agenda by evidence of writings acts for the Society of Jesus that eclipses all other influences on SOEBARKAH, McCain and Calero.
27. That Defendant Brzezinski has managed a crucial role for the Vatican State as a member of the SMOM and as a Freemason of the Philadelphia Grand Lodge to create global regionalism that subsumes national sovereignty and as Former National Security Adviser to President Carter expressed his view of regionalism at Mikhail Gorbachev’s October 1995 State of the World Forum, that quote:
“We cannot leap into world government in one quick step...The precondition for eventual globalization — genuine globalization — is progressive regionalization.”
28. That Defendant Brzezinski advised the SOEBARKAH and McCain campaigns, and used his sons, Mark who was a member of the advisors in the SOEBARKAH Campaign and Ian who was an advisor on the McCain Campaign, all done in exchange for his sons’ government employment and furtherance of the enterprise corruption.
29. That Defendant JOHN SIDNEY MCCAIN III individually with place of business located at Washington Office: 241 Russell Senate Office Building Washington, DC 20510, was born on August 29, 1936 in Colon Hospital, Colon Panama according to the Panama Canal Health Department not in the Panama Canal Zone (see Exhibit D); and according to the Hay-Banau-Varilla Treaty of November 18, 1903 that has 26 articles (see Exhibit E) in which the two pertinent to the status of the city of Colon under that Treaty refer to the Convention for the Construction of a Ship Canal says that the Colon Panama, the birth city cited on McCain’s 1936 long form birth certificate where he was witnessed being born, and where his parents resided, Colon, Republic de Panama, is not part of the Canal Zone, quote:
ARTICLE I: The United States guarantees and will maintain the independence of the Republic of Panama.
ARTICLE II: The Republic of Panama grants to the United States in perpetuity the use, occupation and control of a zone of land and land under water for the construction maintenance, operation, sanitation and protection of said Canal of the width of ten miles extending to the distance of five miles on each side of the center line of the route of the Canal to be constructed; the said zone beginning in the Caribbean Sea three marine miles from mean low water mark and extending to and across the Isthmus of Panama into the Pacific ocean to a distance of three marine miles from mean low water mark WITH THE PROVISO THAT THE CITIES OF PANAMA AND COLON and the harbors adjacent to said cities, WHICH ARE INCLUDED WITHIN THE BOUNDARIES OF THE ZONE ABOVE DESCRIBED, SHALL NOT BE INCLUDED WITHIN THIS GRANT…” (Emphasis by Plaintiff) and therefore,
Defendant McCain is not a natural-born Citizen was not born on U.S. Territory or the USA and is not eligible for the Presidency with the U.S. Constitution Article II Section One Clause 5 as mandated by the Defendant NYS BOE.
30. That Defendant SOEBARKAH is a Madrasah trained radical Sunni Muslim by birth right according to the Koran through his father Barack Hussein Obama Sr. (a Sunni Muslim), and that by training and practice admitted during the speech to the Muslim Brotherhood in Cairo in 2009 – SOEBARKAH practices Shariah law and is devoted to King Saud of Saudi Arabia who based upon information paid for the Columbia and Harvard university expenses with the full knowledge and blessing of Defendant Brzezinski.
31. Defendant SOEBARKAH admits his natural father at the time of his birth is a citizen of the United Kingdom and the British Nationality Act of 1948 governs dual citizenship at birth.
32. That Rep. John Bingham, author of the 14th Amendment, Congressional Globe, 39th, 1st Sess., pg 1291 (March 9, 1866) stated:
“… every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural-born citizen.”
33. That Defendant SOEBARKAH and or his agent(s) as part of the scheme to defraud placed an image of a Hawaiian Certification of Live Birth (COLB) on the Internet, which in Hawaii per se is issued for all birth's registered by the State of Hawaii whether the human being is born there or not, and as a prima facia fact means the Hawaii issued COLB does not prove "natural born" citizenship or birth in Hawaii, only a long form document would.
34. A COLB per se is sufficient proof of citizenship if not part of a scheme to defraud; however, a COLB issued to those who are "naturalized" in Hawaii is of questionable legal issue contrary to U.S. Constitution Article 1 §8 Clause 4, Article I §9 Clause 1, Article 1 §10 Clause 1, and as a matter of first impression conflicts with the full faith and credit clause.
35. That Defendant SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama) at six years of age used the name given upon his adoption by Lolo S. Soetoro Mangunharjo, an Indonesian colonel in General Suharto's Armed Forces who had married Stanley Ann Obama, and as an Indonesian Citizen from six years of age SOEBARKAH is presumed to have an Indonesian passport after removal from the U.S. Passport of Stanley Ann Soetoro as released to Plaintiff on July 29, 2010 by the U.S. Department of State, see Exhibit F.
36. That Defendant SOEBARKAH is not eligible for the Office of the President because with the McCarran-Walter Act of 1952 as the controlling legal authority for the birth of BHO, and especially when the transmission of British citizenship to BHO at birth no matter where the location is proves a dual citizen at birth, as a treaty matter between Britain and the USA, and that with the admission against interest of both Stanley Ann Dunham Obama and Barack Hussein Obama Sr. in a marriage in Hawaii entered after conception, in which both parents attribute Paternity to BHO Sr. without challenge at the time of the March 20, 1964 divorce decree makes BHO Jr. a British subject with dual citizenship and multi-allegiances at best that by the 1952 McCarran-Walter Act, therefore BHO Jr. is not a Natural Born Citizen; and
37. Further, Defendant SOEBARKAH lost his U.S. citizenship when his mother married an Indonesian citizen and became a naturalized citizen of Indonesia and in that Indonesia does not recognize dual citizenship, and because Defendant SOEBARKAH did not take an oath of allegiance to the USA when reaching the proper age while resident in the USA retains Indonesian Citizenship having renounced his previous U.S. Naturalized citizenship / British Citizen status; and
38. Plaintiff further alleges, that had SOEBARKAH followed up with his resident status after 1971 while living with his Grandmother in Hawaii to become naturalized, he failed to take an oath of allegiance when SOEBARKAH turned 18 years old to regain his U.S. citizenship status, and then obtained school financing as a foreign exchange student in Hawaii and again at Occidental College in Los Angeles as done at Columbia and Harvard, at best has multiple citizenship status with allegiances to Indonesia, Great Britain, Kenya perhaps; however is not a natural-born citizen of the United States and according to the public record is not even a citizen of the United States, and therefore, ineligible for the presidency with the U.S. Constitution Article II Section 1 Clause 5 as mandated by the Defendant NYS BOE; and
39. Further by U.S. Senate resolution is underscored and confirmed by the Honorable United States District Judge Michael Chertoff then serving as the Secretary of Homeland Security in testimony under oath before the U.S. Senate Committee and as reprinted in the Congressional Record pages S2950 and S2951 (see Exhibit G) stated:
CHERTOFF. “My assumption and my understanding is that if you are born of American parents, you are naturally a natural-born American citizen.”
40. In that on April 10, 2008, Defendant SOEBARKAH, as a U.S. Senator was the Sponsor of the sense resolution S 511 (see Exhibit H) along with other U.S. Senators Mrs. MCCASKILL, Mr. LEAHY, Mr. COBURN, Mrs. CLINTON, and Mr. WEBB who maliciously submitted the S 511 resolution knowing it was false as to the natural-born Citizen status of Senator John Sidney McCain III, in violation of 18 USC §1001; and in which S 511 was referred to the Committee on the Judiciary then to the U.S. Senate as a fraud upon Congress and the People of the several states and territories contrary to the facts shown in Exhibit D and above stated:
“Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936:”
41. That SOEBARKAH acknowledges endorsing Senate Resolution 511 that one needs two (2) U.S.A. Citizen parents at birth to be qualified to be a natural born citizen.
42. That Defendant ROGER CALERO was born in Nicaragua in 1969. He and his family fled via Los Angeles, California in 1985. Calero is now a permanent resident alien (holding a green card) since 1990. While in Los Angeles, Calero joined a socialist movement and helped mobilize support against Proposition 187 in the early 90s, and is presumed to have filed a certification for ballot access through the respective Defendant Socialist Worker’s Party Committee as shown on Exhibit A, but is not a natural-born U.S. Citizen with the U.S. Constitution Article II Section 1 Clause 5 as mandated by the Defendant NYS BOE.
43. That on November 30, 2007, Defendant SOEBARKAH affirmed an affidavit for the Arizona Secretary of State to gain ballot access in the Arizona 2008 Presidential Preference Election Ballot, and likewise on October 9th 2007, Defendant McCain affirmed an affidavit for the Arizona Secretary of State to gain ballot access in the Arizona 2008 Presidential Preference Election Ballot and that both affirmations were duly filed with the AZ Secretary of State who provided a certified copy of each respective filed affidavit (see Exhibit I); with each individually affirming that
““I do solemnly swear (or affirm) that all the information in this Nomination Paper is true, that as to these and all other qualifications, I am qualified to hold the office that I seek, having fulfilled the United States constitutional requirements for holding said office. I further swear (or affirm) that I have fulfilled Arizona's statutory requirement for placing my name on the Presidential Preference Election ballot.”
44. That according to the Help America to Vote Act of 2002 (HAVA) section 213 (a) (1) (A) the Arizona Secretary of State (located at the Office of the Secretary of State of Arizona 1700 West Washington Street, 7th Floor Phoenix, AZ 85007-2888), and the New York Secretary of State Defendant LORRAINE A. CORTEZ-VAZQUEZ (located at the Department of State One Commerce Plaza 99 Washington Ave, Albany, NY 12231-0001) are both Federal officers who each serve as an unpaid employee of the United States Election Assistance Commission (EAC), a Federal employee and respective state employee.
45. Wherefore, Defendant SOEBARKAH and Defendant McCain each individually and in conspiracy committed perjury before a Federal Officer in violation of 18 USC §1001 as part of the racketeering enterprise corruption.
46. That Plaintiff with those similarly situated are denied individual 1st, 5th , 9th and 10th amendment rights to sovereignty and a republican form of government as well as financial injury for the cost of the 2008 election cycle in New York..
FOURTH CAUSE OF ACTION
(Conspiracy to commit Treason, as against all Defendants, and their agent John / Jane Does XYZ Entities as an enterprise)
47. Plaintiff repeats each and every allegation contained in the First through Third Cause of Action with the same force and effect as though herein set forth at length.
48. That Democrat Party Elector Candidate Defendants, their agents John and Jane Does are part of an enterprise who have overthrown the government of the United States in conjunction with SOEBARKAH, Joseph Biden, McCain, Calero and their agents at the state and national level with those other candidate elector slates of other states of the several states (“Racketeering Enterprise”).
49. Based upon information and belief the Democrat Party Elector Candidate Defendants, their agents John and Jane Does using the Defendants NYS BOE and their agents as an enterprise have misapplied and mis-administered their public duties under NYS BOE regulation by failure to obtain and ascertain proof that each Defendant Presidential Candidate is a natural-born Citizen, that otherwise is contrary to State Law, regulations and the United States Constitution Article 2 Section 1 Clause 5:
“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.”
50. Based upon information and belief the State Defendants, Defendant Presidential Candidates, various Defendant Committees and their agents have not presented a certified copy of the “long-form” birth certificate of the Defendant Presidential Candidates for ballot access to the New York November 4, 2008 General Election / 2008 election cycle.
51. There has never been an Article II executive who has ever been a naturalized citizen or a non-citizen as it is against the mandate of the U.S. Constitution Article II Section 1 Clause 5 that a candidate be a natural-born U.S. Citizen to be eligible.
52. There has never been an Article II executive who is a citizen of a foreign nation and or has dual allegiance with a foreign nation.
53. That were the executive to be occupied by a foreign citizen would constitute an invasion, coup-d-tat and trespass upon the sovereign citizen of New York a taking as of right under the 10th Amendment must secede New York from the Union until such time the Union were made whole and laws enforced again.
54. Those Defendants know they have a duty to prevent any person who is not a natural born citizen from ballot access in the state of New York when running for President and or Vice President and have maliciously failed miserably in an act of treason.
55. Those Officer Defendants and the NYS BOE have not fulfilled the due diligence necessary to protect the voter(s), are ultra vires and individually liable.
56. That Democrat Party Elector Candidate Defendants, their agents John and Jane Does as an enterprise are attempting to overthrow the government of the State of New York in conjunction with Barack Hussein Obama, Joseph Biden racketeering Enterprise at the November 4, 2008 for foreign agents who are enemies of Plaintiff and those New York State Citizens guaranteed sovereignty exclusively under the New York State Constitution separate and apart from the other states of the several states.
57. That the Racketeering Enterprise corruption has overthrown the government of the state of New York to which the Democrat Party Elector Candidate Defendants owe allegiance, and who join the Racketeering Enterprise to wage war against the State and or materially promote the foreign illegal alien SOEBARKAH , foreign born Roger Calero with only a green card and foreign born U.S. Citizen John Sidney McCain III to the Executive branch and the Presidency of the United States against the law of both the State and Federal Constitutions, as has with state action undermined the State and Federal election with 42 USC 1983, 1985(3) and 1986 related Federal and State law in its entirety.
58. That Defendants infringe Strunk’s individual liberty, expectation of a republican form of government, and burden his expectation of effective participation in the general election were the laws not enforced in good faith with the duties of their office.
59. Plaintiff is the only person in the USA to have duly fired fired fired BHO on January 23, 2009 by registered mail (rendering BHO the USURPER as Plaintiff is entitled to characterize BHO as) on the grounds that he had not proven himself eligible to be the administrator / trustee of Plaintiff’s private account at the U.S. Treasury as required by U.S. Constitution Article 2 Section 1 clause 5 with a pending Replevin matter in the District of Columbia;
60. Further, that the Honorable Justice David I. Schmidt in the NYS Supreme Court Case Strunk v. Paterson et al. in the County of Kings with index 08-29642 declined to sign a subpoena order to obtain document records of Stanley Ann Dunham (SAD) from US DOS, and that thereby forced Plaintiff as the only alternative to obtain the passport records of SAD in FOIA case DCD 08-cv-2234;
61. Further, that document records are germane to determine where Stanley Ann Dunham was at the time of the Usurper’s birth as requested in the FOIA;
62. Further, that Plaintiff FOIA case in Washington D.C. 08-cv-2234 presently has a decision pending on a Summary Judgment that Plaintiff opposes, as there has been a preponderance of evidence showing that federal parties and those yet named have committed a fraud upon that court and have violated 18 USC §1001.
63. Further, that not all the requested documents are now essential for the continuation of Plaintiff’s action before Justice Schmidt as here demonstrated.
64. Further New York State Board of Elections individuals; the New York State Secretary of State individually, the New York State Attorney General Andrew Cuomo individually as an elector along with John and Jane Does have conspired inter alia for a breach of fiduciary duties under color of state law enacted by the State Legislature to protect Plaintiff’s right to a reasonable expectation of participation and success with a proper ballot for the New York electoral college election of the 2008 president and vice president of the United States of America in accordance with United States Constitution Article 2 Section 1 Clause 5; and
65. Furthermore, that as a matter of State Court standing Plaintiff’s suffrage privilege goes to his specific circumstances and depends upon Plaintiff's substantive due process right to publicly available document records questionably withheld since 2008 as a 5th amendment issue, and which goes well beyond simple procedural due process as a minimum requirement as U.S. DOS’s Counsel suggests in the use of the term reasonable, to injure Plaintiff along with those similarly situated.
FIFTH CAUSE OF ACTION
(Enterprise Unjust Enrichment, against All Defendants)
66. Plaintiff repeats each and every allegation contained in the First through Fourth Cause of Action with the same force and effect as though herein set forth at length.
67. That based upon information and belief Russia, Iran , Syria, Saudi Arabia, Indonesia, Lebanon, Nigeria, Libya, Egypt, Dubai among other sovereign foreign entities and persons have illegally contributed to the campaign of Defendant SOEBARKAH who spent $738,812,857 to seize control of the White House and is 46% of the total money raised for all candidates in the 2008 Presidential Election that compares to three hundred and ten million spent by Defendant McCain; and as part of the scheme to defraud the Vatican Bank was used as an intermediary for transfer of funds into its USA landing Banks in New York that with the release of the banking records of the SOEBARKAH campaign committee will show substantial illegal foreign involvement to launder funds to buy the presidency as previously done in the instance of James Riady of the Indonesian Lippo Group for Bill Clinton in 1992 was not convicted by the DOJ until January 11, 2001.
68. Each of the Defendants and their agents have been unjustly enriched by the referenced activities to disrupt the election without assuring a duly eligible Presidential Candidates for the Republican Democrat and Socialist Workers party under color of state law, that violates Plaintiff’s and those similarly situated Federal / State voter right and imposing expense as a taking; as with 42 USC §1983 and related law applies in its entirety with election costs levied upon real property.
69. That Defendant SOEBARKAH (a.k.a. Barry Soetoro, a.k.a Barack Hussein Obama) individually under the name Barack Hussein Obama is located in care of c/o The White House 1600 Pennsylvania Avenue, N.W. Washington, District of Columbia 20500 used campaign finance committees nationally and in New York State according to records maintained by the Defendant NYS BOE include but are not limited to: OBAMA FOR AMERICA by Martin H. Nesbitt, Treas. PO Box 8102 Chicago, IL 60680 ; OBAMA VICTORY FUND by Andrew Tobias, Treas. 430 South Capitol Street SE Washington DC 20003; among others used exclusively in New York state; and that Defendant Soebarkah conspired with Defendant Nancy Pelosi individually with place of business located at Washington, D.C. Address 235 Cannon House Office Building Washington, DC 20515-0508, along with the DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK located at 461 Park Avenue South New York, NY 10016 , STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE located at 2-4 Nevins Street Floor 3 BROOKLYN, NY 11217 and XYZ JOINT FUNDRAISING COMMITTEES to use the funds associated with the campaign.
70. That Defendant John Sidney McCain III, individually then located at 3501 North 24th Street Phoenix, AZ 85016 used campaign finance committees nationally and in New York state according to records maintained by the Defendant NYS BOE, and that include but are not limited to the MCCAIN VICTORY 2008 located at 228 S WASHINGTON ST STE 115 ALEXANDRIA, VA 22314; MCCAIN-PALIN VICTORY 2008 & The New York Finance Committee Road to Victory Tour located at 228 S WASHINGTON ST STE 115 ALEXANDRIA, VA 22314, and that Defendant John Sidney McCain located at Campaign Address 2211 East Camelback Road Phoenix, AZ 85016 and place of business at Washington, D.C. Address 241 Russell Senate Office Building Washington, DC 20510, conspired with Defendant John A. Boehner, individually along with THE NEW YORK STATE REPUBLICAN STATE COMMITTEE located at 315 STATE ST, ALBANY, NY 12210-2001 , THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY located at Frank MacKay, Chairman Independence Party of New York State PO BOX 871 Lindenhurst, NY 11757, STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE located at 486 78TH STREET BROOKLYN, NY 11209, and XYZ JOINT FUNDRAISING COMMITTEES to use the funds associated with the campaign.
71. That Defendant Róger Calero, individually used campaign finance committees nationally and in New York state according to records maintained by the Defendant NYS BOE, and that include but are not limited to persons associated with THE SOCIALIST WORKERS PARTY located at Committee Address: 1000 Grand Concourse, #4A Bronx, NY 10451, read more: http://www.city-data.com/elec /CALERO.html#ixzz14RIyR4iu, and XYZ JOINT FUNDRAISING COMMITTEES to use the funds associated with the campaign.
72. That the campaign finance associated with the Defendant Soebarkah and Biden Candidacy activities is aided and abetted by Democrat Party Electoral College slate malice seated after the November 4, 2008 General Election that further damaged Plaintiff at both the national and state level beyond what has occurred, and will occur, by reason of all Defendants’ activities of unjustly enriching themselves at expense of Plaintiff and others similarly situated.
73. That all the Defendants having been culpable to jointly and severally aid and abet the false billing of Defendant Presidential Candidate campaigns with associated funds from the New York state taxpayers in the excess of say $10,000,000.00 or more, are liable for the cost of elections, with interest, and cost of suit caused by the scheme to defraud.
WHEREFORE, Plaintiff wishes a preliminary injunction hearing and summary judgment under CPLR §3001 and permanent injunction against the Defendants and such other relief as the Court deems just including:
a. That the Court order expedited discovery to determine the mope of the I alleged $10,000,000.00 or more actual damages plus after conducting hearings and jury trial to determine the scope of punitive treble damages;
b. That the court order a report to be presented to the full legislature and Chief judge of the Court of Appeals in the matter of public officer impeachment, sedition, treason and referral for prosecution.
c. And for further and different relief as the Court may deem necessary herein. - Dated November 11, 2010. -SNIP-
Complete Strunk v Paterson/Obama et al Complaint with Exhibits at Scribd