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16- 0413-OP UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

In re: Christopher Earl Strunk, Christopher Blaise Garvey,

and Harold William Van Allen,

Petitioners.

NOTICE UNDER FRAP 35 TO RECONSIDER EN BANC FOR A MORE DEFINITE DECISION TO DISMISS INCLUDING THE ALTERNATIVE TO TRANSFER THE PETITION TO THE CO-EQUAL SUPREME COURT OF THE UNITED STATES ON NON MILITARY MATTERS

PETITION WITH 28 USC §1651 FOR WRIT OF MANDAMUS AND INJUNCTION EQUITY RELIEF IN THE MATTER OF THE NEW YORK REPUBLICAN PARTY POTUS PRIMARY ON APRIL 19, 2016 AND NATIONAL GENERAL ELECTION ON NOVEMBER 8, 2016; PURSUANT TO THE NATIONAL EMERGENCY MANDATE BY THE DE-FACTO COMMANDER-IN-CHIEF, BARACK HUSSEIN OBAMA II, UNDER THE:

HAGUE CONVENTION, UNIFORM CODE OF MILITARY JUSTICE, INTERNATIONAL COVENANT OF CIVIL AND POLITICAL RIGHTS, AND CONSTITUTION OF THE UNITED STATES OF AMERICA.

Christopher Earl Strunk in esse Sui juris, in propria persona Petitioner Movant c/o 315 Flatbush Avenue - PMB 102 Brooklyn, New York Zip code excepted [11217] Ph: 718-414-3760; Email: suretynomore@gmail.com

PETITIONERS

Christopher Earl Strunk in esse Sui juris, in propria persona c/o 315 Flatbush Avenue - PMB 102 Brooklyn, New York Zip code excepted [11217] Ph: 718-414-3760; Email: suretynomore@gmail.com

Christopher Blaise Garvey in esse, in propria persona 16 Nicoll Avenue Amityville, New York 11701 Ph: 631-598-0752; Email: chrisgarveyl@verizon.net

Harold William Van Allen in esse, in propria persona 351 North Road Hurley New York 12443 Ph: 845-389-4366; Email: hvanallen@hvc.rr.com

PARTIES IN INTEREST

Roger J. Bernstein, Esq. 535 Fifth Avenue, 35th Floor New York, New York 10017

Brian L. Quail, Esq. and Kimberly Galvin, Esq. for New York State Board of Elections 40 North Pearl Street, 5th Floor Albany, New York 12207

Grant M. Lally, Esq. Lally & Misir, LLP for Ted Cruz 220 Old Country Road Mineola, New York 11501

Marco Rubio P.O. Box 558701 Miami Florida 33255 8701

i

JINDAL FOR PRESIDENT P.O.BOX 5101 BATON ROUGE, LA 70821-5101

Barack Hussein Obama II President of the United States' The White House 1600 Pennsylvania Avenue N.W. Washington DC 20500

THE REPUBLICAN NATIONAL COMMITTEE 310 First Street SE Washington DC 20003

202-863-8600

DONALD J. TRUMP FOR PRESIDENT 725 FIFTH AVENUE

NEW YORK, New York

10022

Organization of American States Commission 17 th Street and Constitution Ave., NW Washington, D.C., 20006-4499 United States of America Main Telephone: 1 (202) 370 5000

Permanent Court of Arbitration International Bureau Peace Palace Carnegieplein 2 2517 KJ The Hague Tel: 0031-(0)70-3024165 Fax: 0031-(0)70-3024167 Email: bureau@pca-cpa.org

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TABLE OF CONTENTS

Page

NOTICE TO RECONSIDER EN BANC

1

Introduction

1

Petition Relief Sought

8

Facts in Support of Motion for Reconsideration En Banc

11

Conclusion

14

Federal Rules of Appellate Procedure (FRAP)

Rule 35

Statutes

28

USC §1651

28

USC §2201

10

U.S. Code § 932 - Art. 132. Frauds against the United States

10

U.S. Code § 907 - Art. 107. False official statements

10

U.S. Code § 881 - Art. 81. Conspiracy

10

U.S. Code § 878 - Art. 78. Accessory after the fact

10

U.S. Code § 877 - Art. 77. Principals

12

USC 95(a): 50 USC App. 5(b) still a National Emergency of Executive Order

2039 and 2040 by authorization of Congress by 12 USC 95(b)

The Emergency Powers Act of Sept. 14, 1976 PL 94-412 90 Stat. 1255, expressly retained 12 USC §95(a) with 50 USC Appendix §5(b)

The International Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701- 1707), EBRA remains the law of the land over banking and commerce internationally cited by the Congressional Research Service Report to Congress 98-505 “National Emergency Powers” update September 18, 2001.

US Constitution

U.S. Constitution Article 2 Section 1 Clause 5 (A2S1C5)

U.S. Constitution Article 1 Section 8 Clause 10

iii

Cases

The Schooner Exchange v. McFaddon 11 U.S. 116 (1812)

Scott v. Sanford, 60 U.S. 393

Minor v.Happersett, 88 U.S. (21 Wall.) 162 (1875)

9

U.S. v. Wong Kim Ark, 169 U.S. 649 (1898)

Rogers v. Bellei, 401 U.S. 815 (1971)

Michigan v. Long, 463 U.S. 1032

Fox Film Corp. v. Muller, 296 U.S. 207, 210 (1935)

Staub v. City of Baxley, 355 U.S. 313, 319-20 (1958), or (2) impose an undue burden on the ability of litigants to protect their federal rights, see, e.g., Felder v. Casey, 487 U.S. 131, 138 (1988)

Treaties

Laws of War: Laws and Customs of War on Land (Hague IV) of October 18, 1907, especially Section III Military Authority Over the Territory of the Hostile State Articles 42 through 56

International Covenant of Civil And Political Rights (ICCPR) especially Articles 2 and 25

Other Sources

The Law of Nations, by Emer de Vattel (b. 25 April 1714 - d. 28 December 1767) was published in 1758

Original Draft of the Declaration of Independence

PETITION and APPENDIX annexed with pages APX - 001 through APX - 434

Exhibit 1: Docketing 16--0413 and Order to Dismiss

 

1

Exhibit 2: Korman v NYS BOE etal. Appeal 2016-00374 Order to uphold

11

Exhibit 3: Article "

Ted

Cruz "PROBABLY AN UNDOCUMENTED ALIEN"

12

Exhibit 4: Article "On the Victory of Dr. Seselj against the Word:

"

12

iv

NOTICE UNDER FRAP 35 TO RECONSIDER EN BANC FOR A MORE DEFINITE DECISION TO DISMISS INCLUDING THE ALTERNATIVE TO TRANSFER THE PETITION TO THE CO-EQUAL SUPREME COURT OF THE UNITED STATES ON NON MILITARY MATTERS

PLEASE TAKE NOTICE That the honorable judges of this Court: Charles E.

“Chip” Erdmann (Chief Judge.); Scott W. Stucky; Margaret A. Ryan; Kevin A.

Ohlson; William H. Darden; Walter T. Cox III; Eugene R. Sullivan; Susan J.

Crawford; H.F. "Sparky" Gierke; Andrew S. Effron; James E. Baker, are petitioned

with FRAP 35 to reconsider en banc the sua sponte Order to dismiss done without

attribution and without clarification of the decision (see Exhibit 1) at least requires

under 18 USC §2382 an order alternative with the Petition transfer to the co-equal

Supreme Court of the United States (SCOTUS) on non military matters.

INTRODUCTION

That the Undersigned Petitioner, Christopher Earl Strunk in esse Sui juris, a

member of the "pre-1933" Private National Citizen of the United States of America

posterity political class, is the beneficiary agent and attorney-in-fact in propria

persona (Strunk) for the registered Public

US

Citizen

"CHRISTOPHER

E.

STRUNK" (STRUNK) having exhausted remedies below with time as the essence

with imminent irreparable harm based upon the fraud and conspiracy damage to

individual fundamental personal rights and as the ONLY opportunity for active

service members to choose their commander-in-chief who must be constitutionally

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eligible; and therefore, gives notice under Federal Rules for this Court en banc to

reconsider the 24 March 2016 sua sponte Order issued by the Clerk that adds

further infringement and insult despite the letter of the law under the National

Emergencies or during a time of war, is in error without any: (1) attribution and

(2) decision explaining the dismissal of Petitioners' application for equity relief

with use of 28 USC §1651 for Writ of Mandamus and Injunction Equity relief

submitted in the matter of the New York Republican Party Primary for Office of

President of the United States (POTUS) on April 19, 2016

(see APX - 093), and

as applies at the National General Election on November 8, 2016 with the New

York State Board of Elections actual fraudulent invention of the term "Born a

Citizen" versus the express term of art "natural born Citizen" (NBC) for candidate

eligibility contradicts the U.S. Constitution Article 2 Section 1 Clause 5, quote:

"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 has been fourteen Years a Resident within the United States."

That this Petition, 16-0413, was filed pursuant to pre-existing and current

National

Emergency

Mandates

(see

APX

280)

-

by

the

resident

De-Facto

Commander-In-Chief, Barack Hussein Obama II, under: The Emergency Banking

Relief Act of 9 March 1933 (48 Stat. 1) (EBRA) that brought inland jurisdiction of

The Trading with the Enemy Act of October 6, 1917, CH. 106, 40 STAT. 411

2

(TWEA) by operation of Executive Orders: 2039 (1) of 6 March 1933 and 2040 (2)

of 9 March 1933, e.g. 12 USC §95(a): 50 USC App. §5(b), still a National

Emergency of the Executive by perpetual authorization of Congress with 12 USC

§95(b) (3) ; and that with four other Emergencies (see APX- 298) are still in effect (4) ,

1 Executive Order 2039 created the perpetual private trusts on March 6, 1933 mandated :

the "

regulations as he may prescribe. is authorized and empowered (a) to permit any or· all of such banking institutions to perform any or all of the usual banking functions, (b) to direct, require or-permit the issuance of clearing house certificates or other evidences of claims against assets of banking institutions , and {c) to authorize and direct the creation in such banking institutions of special trust accounts for the receipt of new deposits which shall be subject to withdrawal on demand without any restriction or limitation and

Secretary of the Treasury. with the approval of the President and under such

shall be kept separately in cash or on deposit in Federal Reserve Banks or invested-in obligations of the United States." (emphasis added by Petitioners)

2 Executive Order 2040 created the perpetual temporary Military Government on March 9, 1933

mandated : "

vested in me by Section 5 (b) of the Act of October 6 , 1917 (40 Stat. L 411), as amended by the act of March 9, 1933, do hereby proclaim, order, direct and declare that all the terms and provisions of said Proclamation of March 6, 1933, and the regulations and orders issued there under are hereby continued in full force and effect until further proclamation by the "

President

in

view of such continuing national emergency and by virtue of the authority

(emphasis added by Petitioners)

3 That 12 USC §95(a): 50 USC App. §5(b) with Executive Orders 2039 and 2040 as the law of the land approved by Congress under 12 USC §95(b) and as for all current and related

" actions,

regulations, rules, licenses, orders and proclamations heretofore or hereafter taken,

promulgated, made, or issued by the President of the United States or the Secretary of the Treasury since March 4. 1933, pursuant to the authority conferred by section 95a of this title, are approved and confirmed." (emphasis added by Petitioners)

4 See APX - 296, quote: The purpose of the TWEA was to "define, regulate and punish trading with the enemy." Section 5(b) of the original act gave the President power to regulate or prohibit transactions in foreign exchange and currency, and transfers of credit or property with any foreign country or the resident of any foreign country during war. This section has been amended four times. In 1933 Section 5(b) was amended to provide that its authorities could be used in time of a national emergency declared by the President;6 previously, the grants of power could be used only during wartime. President Roosevelt cited the emergency authority of 5(b) to declare a bank holiday during the depression. The national emergency declared by Roosevelt is still in effect today. (emphasis added by Petitioners)

3

WE are according to the US Senate Report 93-549 as to the temporary military

government under a continual national emergency occupation, stated:

"Since March 9, 1933, the United States has been in a state of declared national emergency. In fact, there are now in effect four presidentially proclaimed states of national emergency: In addition to the national emergency declared by President Roosevelt in 1933, there are also the national emergency proclaimed by President Truman on December 16, 1950, during the Korean conflict, and the states of national emergency declared buy President Nixon on March 23, 1970 and August 15, 1971;

"These proclamations give force to 470 provisions of Federal law. These hundreds of statutes delegate to the President extraordinary powers, ordinarily exercised by the Congress, which affect the lives of American citizens in a host of all-encompassing manners. This vast .range of powers, taken together,. confer enough authority to rule the country without reference to normal Constitutional process"

"Under the powers delegated by these statutes, the - President may: seize property; organize and control the means of production; seize commodities; assign military forces abroad; institute martial law; seize and control all transportation and communication; regulate the operation of private enterprise; restrict travel; and, in a plethora of particular ways, control the lives of all American citizens "

and when combined with The Emergency Powers Act of Sept. 14, 1976 PL 94-

412 (90 Stat. 1255) that expressly retained 12 USC §95(a) with 50 USC

Appendix §5(b) at Section 502(a)(1) (see APX - 286), with The International

Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701-1707) enacted on

December 28, 1977 requires the repeal of 12 USC § 95(a) amended 50 USC App.

§5(b) as to any new emergency proclamations unless specified (see APX - 292);

as both enactments ensure that the EBRA remains the law of the land over

banking and international commerce cited by Maryland Journal of International

4

Law Vol. 3 Issue 2 Article 11 "Amendments to the Trading With the Enemy Act"

(see APX - 296), and Congressional Research Service Report to Congress 98-505

National Emergency Powers” update September 18, 2001 (see APX - 300); and

thereby maintains and further triggers the emergency occupation of the territories

of the United States of America with use of the Laws of War: Laws and Customs

of War on Land (Hague IV) of October 18, 1907,

Section III Military Authority

Over the Territory of the Hostile State Articles 42 thru 56 (see APX - 420); and

this serves as Petitioners' complaint that invokes the Uniform

Code of Military

Justice for:

10 U.S. Code § 932 - Art. 132. Frauds against the United States (5) ;

5 10 U.S. Code § 932 - Art. 132. Frauds against the United States Any person subject to this chapter— (1)who, knowing it to be false or fraudulent—

(A)

makes any claim against the United States or any officer thereof; or

(B)

presents to any person in the civil or military service thereof, for approval or payment,

any claim against the United States or any officer thereof; (2) who, for the purpose of obtaining the approval, allowance, or payment of any claim against

the United States or any officer thereof—

(A) makes or uses any writing or other paper knowing it to contain any false or fraudulent

statements; (B) makes any oath to any fact or to any writing or other paper knowing the oath to be false; or (C) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited; (3) who, having charge, possession, custody or control of any money, or other property of the United States, furnished or intended for the armed forces thereof, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he receives a certificate or receipt; or (4) who, being authorized to make or deliver any paper certifying the receipt of any property of the United States furnished or intended for the armed forces thereof, makes or delivers to

any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States; shall, upon conviction, be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 75.)

5

10

U.S. Code § 907 - Art. 107. False official statements (6) ; 10 U.S. Code § 881 -

Art. 81. Conspiracy (7) ; 10 U.S. Code § 878 - Art. 78. Accessory after the fact (8) ;

10 U.S. Code § 877 - Art. 77. Principals (9) ; and related law, includes as

notice

under

the

International

Covenant

of

Civil

And

Political

Rights

(ICCPR)

especially Articles 2 and 25 (10) , and based upon the use of the Constitution of the

6 10 U.S. Code § 907 - Art. 107. False official statements-. Any person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct (Aug. 10, 1956, ch. 1041, 70A Stat. 71.)

7 10 U.S. Code § 881 - Art. 81. Conspiracy. (a) Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. (b) Any person subject to this chapter who conspires with any other person to commit an offense under the law of war, and who knowingly does an overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such other punishment as a court-martial or military commission may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a court- martial or military commission may direct.(Aug. 10, 1956, ch. 1041, 70A Stat. 66; Pub. L. 109– 366, §4(b), Oct. 17, 2006, 120 Stat. 2631.)

8 10 U.S. Code § 878 - Art. 78. Accessory after the fact

Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.

(Aug. 10, 1956, ch. 1041, 70A Stat. 65.)

9 10 U.S. Code § 877 - Art. 77. Principals - Any person punishable under this chapter who— (1) commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission; or (2) causes an act to be done which if directly performed by him would be punishable by this chapter; is a principal. (Aug. 10, 1956, ch. 1041, 70A Stat. 65.)

10 ICCPR PART II Article 2:

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals

within its territory and subject to its jurisdiction the rights recognized in the present Covenant,

without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2. Where not already provided for by existing legislative or other measures, each State Party to

the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

6

United States of America with the Article 1 Section 8 Clause 10 (11) express terms

for use of the construction interpretation with the polar star and Four-corners

Rules (12) using definitions of The Law of Nations, by Emer de Vattel (b. 25 April

3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as herein recognized are violated

shall have an effective remedy, notwithstanding that the violation has been committed by persons

acting in an official capacity;

(b) To ensure that any person claiming such a remedy shall have his right thereto

determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities

of judicial remedy;

(c) To ensure that the competent authorities shall enforce such remedies when granted.

Article 25 Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen

representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by universal

and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

(c) To have access, on general terms of equality, to public service in his country.

see http://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx 2/12

11 U.S. Constitution Article 1 Section 8 Clause 10: "To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations." (emphasis by Petitioners)

12 Four Corners Rule requires to interpret the meaning and understanding of the provisions contained in a document by considering the overall meaning and intention of that document, and that in such an interpretation of document, the external factors will not influence the meaning. But the meaning of a sentence or clause is influenced by the document as a whole that under "four corners rule", intention of parties, especially that ofgrantor, is to be gathered from instrument as a whole and not from isolated parts thereof. Davis v. Andrews,Tex.Civ.App., 361 S .W.2d 419, 423 and construction per se for interpretation of statute, regulation, court decision or other legal authority is the process, or the art, of determining the sense, real meaning, or proper explanation of obscure, complex or ambiguous terms or provisions in a statute, written… … Black's law dictionary; and whereas, pursuant to the polar star rule — is the principle that a written document which is ambiguous is to be construed according to the intent of the maker, grantor, or devisor as gathered from the four corners of the instrument. Hanks v McDanell, 307

Ky 243, 210 SW2d 784, 17 ALR2d 1 …

Ballentine's law dictionary

7

1714 - d. 28 December 1767) was published in 1758 (13) , and we include the

Original Table of Contents and Sections that apply (APX - 328 thru APX - 405);

and Dr. Benjamin Franklin on December 9 th of 1775 wrote in French to Vattel’s

editor, C.G.F. Dumas, by translation stated:

“ I am much obliged by the kind present you have made us of your edition of Vattel. It came to us in good season, when the circumstances of a rising state make it necessary frequently to consult the law of nations. Accordingly, that copy which I kept has been continually in the hands of the members of our congress, now sitting, who are much pleased with your notes and preface, and have entertained a high and just esteem for their author.” http://founders.archives.gov/documents/Franklin/01-22-02-0172

PETITION RELIEF SOUGHT:

A. Declaratory Judgment:

(1) on the jurisdictional status of the State's Court in regards to the continuing

National Emergency and obligation to enforce the letter and intent of the U.S.

Constitution especially A2S1C5 eligibility mandates;

(2) that during a national emergency all public officers of all branches of State

and Local Government / territory(s) including the Federal and State courts are a

defacto martial bodies by operation of law are under the POTUS Commander-

13 Emer de Vattel (b. 25 April 1714 - d. 28 December 1767) was a Swiss philosopher, diplomat, and legal expert whose theories laid the foundation of modern international law and political philosophy. He was born in Couvet in Neuchatel, Switzerland in 1714 and died in 1767 of edema. He was largely influenced in his philosophy by Gottfried Leibniz and Christian Wolff and strove to integrate their ideas into the legal and political system. He is most famous for his 1758 work Le Droit des gens; OU, Principes de Ia loi naturelle appliques a Ia conduite et aux affaires des nations et des souverains (in English, The Law of Nations or the Principles of Natural Law Applied to the Conduct and to the Affairs of Nations and of Sovereigns).

8

in-chief until the emergency(s) are terminated, and only at which time become

dejure civil bodies;

(3) the Framers of the Declaration of Independence and U.S. Constitution used

The Law of Nations

in its framing and proper use as an International

declaration as consistently used by Justice John Marshall, i.e. The Schooner

Exchange v. McFaddon 11 U.S. 116 (1812) applies herein should be revisited;

(4) the Framers used "The Law of Nations" in US Constitution Article 1

Section 8 Clause 10 with intent to use the internationally unanimously accepted

Publication to be the basis for use in defining terms within the construction of

the Constitution that are within the polar star and four corners rule;

(5) that "natural born Citizen" means a person born in the United States of

U.S. Citizen parents, and the term is not the same as a statutory

citizen that would include "born a Citizen";

naturalized

(6) that during a continuing National Emergency the Hague Convention

Section III Military Authority Over the Territory of the Hostile State Articles 42

through 56 apply, and that the NYS BOE failed to adhere to the requirement

not to arbitrarily and capriciously change any law;

(7) that as the law of the land notwithstanding a National Emergency the

ICCPR Articles 2 and 25 apply and that the NYS BOE failed to adhere to the

requirement not to arbitrarily and capriciously change any law;

9

(8) that based upon the evidence and facts Petitioners as a result of the actual

fraud perpetrated by the NYS BOE and its agents were denied their 1st thru

14th Amendment rights to be protected by the State and Federal authorities;

B. Mandamus of the NYS Board of Elections to use "natural born Citizen" in its

instruction for running for Office of POTUS not the term "Born a Citizen";

C. Mandamus of the NYS Supreme Court Appellate Division for the 2nd JD to

expedite its hearing of the Appeal 14-10459 in Strunk v Paterson Etal to proceed

in its review using the finding that the NYS BOE has wrongly used "Born a

Citizen" and is mandated to use "natural born Citizen".

D. Mandamus of the NYS BOE to strike Ted Cruz, Marco Rubio, Bobby Jindal,

and or any other person from the party and or General Election Ballot who is not

eligible for the Office of POTUS who is not a "natural born Citizen" as defined by

the Law of Nations who must be born in the United States of US Citizen parents.

E. That the NYS BOE is ordered to expedite the Absentee Military Ballot for the

Party Primaries and General Election without ineligible POTUS Candidates.

F.

That

based

upon

the

foregoing

findings

the

Respondents

and

De-facto

Commander-in-chief with a foreign alien student father is not a natural born

Citizen, and as such actions heretofore had by Barack Hussein Obama II Etal are to

be referred to the US Army Provost General for investigation under the UCMJ.

10

Facts in Support of Motion for Reconsideration En Banc

1. That Strunk has discussed the intention to file this motion

with his fellow

Petitioners and each has been served accordingly with the content of this notice.

2. That Strunk on 18 March 2016 traveled to Washington DC

to

file the

Original and five copies of the Petition with the Clerk of the USCA for the Armed

Forces located at 450 "E" Street NW; and

3. That the Clerk there accepted the application stamped my own copy and told

me that the Judge(s) assigned will be given the Petition for review; and

4. However, the Clerk told Strunk to send an additional two copies, and

that

were thereafter Mr. Van Allen sent them for delivery on Tuesday; and

5. On 22 March 2016, Mr. Van Allen called the Clerk to confirm delivery of

the two copies and was told that the two were sent to the Pentagon for review.

6. On Wednesday 23 March 2016, there was an expedited oral argument

hearing of the appeal of the Petitioners in Korman and Gallo v NYS BOE and Ted

Cruz from the Order shown at APX -001, and to no avail the Appellate panel on a

statutory technicality denied relief from the Order below and issued its decision

and order (see Exhibit 2); and NYS Appeals Court review is not contemplated.

7. That time is of the essence with the 25 March 2016 deadline being reached

for any request for an absentee ballot, and that ballots, pending printing, are to be

mailed before the 19 April 2016 Primary, and that there is an immediate need to

11

expedite this motion for the relief sought above and or now to include transfer of

the Petition to the co-equal SCOTUS on non-military matters.

8. On the 25 March 2016 the Clerk notified Petitioners by Email of the sua

sponte Order to Docket and dismiss shown as Exhibit 1;

9. That on 27 March 2016, the Post and Email published an interview entitled

NALC

Lead

Attorney:

Documents

Obtained

From

Canada

on

Ted

Cruz

“PROBABLY AN UNDOCUMENTED ALIEN” (see Exhibit 3) with Attorney

Stephen Pidgeon of the North American Law Center (NALC) who had published

the Proposed Bill of Impeachment of the Commander-in-chief shown at APX -422;

10. Further, would be fruitless and moronic to expect any timely justice and

relief for herein Petition from the so-called International Court of Justice in the

Hague as setup by the United Nations, and such is sadly evidenced by the decade

plus ordeal announced 31 March 2016 :On the Victory of Dr. Seselj against the

World: Disloyalty must be Punished and Restitution Provided

by

Dr. Jonathan

Levy, member International Criminal Court Bar (see Exhibit 4).

11. Further, it would be fruitless to expect any timely justice and or relief for

herein Petition from the slightly better oxymoronic Permanent Court of Arbitration

(PCA) as an international organization based in the Peace Palace, The Hague, the

Netherlands; for it is not a court, does not have permanent judges, and should not

be confused with the International Court of Justice, a separate institution also in the

12

Peace Palace. The PCA is a permanent bureaucracy that assists temporary tribunals

to

resolve

disputes

among

states

(and

similar

entities),

intergovernmental

organizations, or even private parties arising out of international agreements. The

cases span a range of legal issues involving territorial and maritime boundaries,

sovereignty, human rights, international investment, and international and regional

trade

and

of

which

issues

raised

herein

under

the

Hague

Convention

and

International Covenant of Civil and Political Rights as apply.

12. Furthermore, it would be academic to expect any effective justice from the

Organization of American States Commission in Washington DC since the exploits

of Air America,

Iran-Contra and Reagan silenced their jurisdiction, and although

instructive as a record on human rights violations reported to Congress, Executive

and Judiciary, that culture is only motivated by wealth, sex, drugs and rock-n-roll.

13. That no court has gone to the merits of the use of the term of art "natural-

born Citizen" and as such the matter is ripe and must be heard in order to prevent

social turmoil and anarchy that involve 18 USC 2381 through 18 USC 2389, and

14. The self interest of this Court is to handle this Petition under Article 142 of

the UCMJ that provides each judge “shall be appointed from civilian life.” To

underscore the civilian nature of the Court, the statute provides that a person may

not be appointed as a judge of the Court within seven years after retirement from

active duty as a commissioned officer of a regular component of an armed force.

13

15.

Further, Undersigned asks this Court state where else would the active duty

service men and women seek to have a ballot reflect a constitutional choice for

their own commander-in-chief

as their sole opportunity to speak out and uphold

their constitutional oath than here?

16. Furthermore, the honorable judges of this Court are hereby notified of their

duty to investigate and act upon 18 U.S. Code § 2382 - Misprision of treason:

Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both. (June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 103–322, title XXXIII, §330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

CONCLUSION

Based upon the foregoing and Petition with exhibits annexed, Strunk seeks the

above referenced relief from this court as he has expended remedies below against

the fraud and conspiracy, has damage to fundamental personal rights and vote

property as a postliminy issue seeks recovery relief, and because time is of the

essence with irreparable harm Petitioners are entitled to the above relief sought

along with different and other relief the court deems necessary.

I have read the foregoing and that time is of the essence with irreparable

harm;

and

know

the

contents

thereof

apply

to

me

by

misapplication

and

administration of laws and that the same is true to my own knowledge, except as to

14

--- ----- ------ ------------ - ----------- -- ----- ----------------

the matters therein stated to be alleged on information and belief, and as to those

matters I believe it to be true, am available for testimony. 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.

.!Jdl

parties, books and records, and personal knowledge. .!Jdl Christopher Earl Strunk in esse Sui juris beneficiary

Christopher Earl Strunk in esse Sui juris beneficiary agent and private National Citizen of the United States All Rights Reserved Without Prejudice

ACKNOWLEDGMENT:

STATE OF NEW YORK

COUNTY OF KINGS

)

) ss.

)

BEFORE ME, on this day personally appeared Christopher Earl Strunk known to me to be the person described herein NOTICE TO RECONSIDER EN BANC FOR A MORE DEFINITE DECISION TO DISMISS INCLUDING THE ALTERNATIVE TO TRANSFER THE PETITION TO THE CO-EQUAL SUPREME COURT OF THE UNITED STATES ON NON MILITARY MATTERS_and who solemnly affirmed under the penalties of perjury that every statement given above was the whole truth to the best of his knowledge.

Subscribed and Affirmed before me on this£ 1 day of March, 2016

·~x~

Notary Public

me on this£ 1 day of March, 2016 ·~x~ Notary Public cc: Christopher Blaise Garvey Harold

cc: Christopher Blaise Garvey Harold William Van Allen

Clo/ of the Clerk of the

Organization of American States Commission Washington DC Permanent Court of Arbitration The Hague Netherlands

15

16- 0413-OP UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

In re: Christopher Earl Strunk, Christopher Blaise Garvey,

and Harold William Van Allen,

Petitioners.

NOTICE UNDER FRAP 35 TO RECONSIDER EN BANC FOR A MORE DEFINITE DECISION TO DISMISS INCLUDING THE ALTERNATIVE TO TRANSFER THE PETITION TO THE CO-EQUAL SUPREME COURT OF THE UNITED STATES ON NON MILITARY MATTERS

Exhibit 1

United States Court of Appeals for the Armed Forces Washington, D.C.

In re Christopher E. Strunk,

Christopher B. Garvey,

USCA Dkt. No. 16-0413

DOCKETING NOTICE

and

and

O R D E R

Harold W.

Van Allen,

Petitioners

Notice is hereby given that a petition under 28 USC §1651 for writ of mandamus and injunction equity relief in the matter of the New York Republican Party POTUS Primary on April 19, 2016, and the National General Election on November 8, 2016, was filed under Rule 27(a) on March 18, 2016, and placed on the docket this 24th day of March, 2016. On consideration thereof, it is, by the Court this 24th day of March, 2016,

ORDERED:

That said petition is hereby dismissed for lack of jurisdiction.

cc:

Petitioners (Pro Se)

For the Court,

/s/ William A. DeCicco Clerk of the Court

16- 0413-OP UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

In re: Christopher Earl Strunk, Christopher Blaise Garvey,

and Harold William Van Allen,

Petitioners.

NOTICE UNDER FRAP 35 TO RECONSIDER EN BANC FOR A MORE DEFINITE DECISION TO DISMISS INCLUDING THE ALTERNATIVE TO TRANSFER THE PETITION TO THE CO-EQUAL SUPREME COURT OF THE UNITED STATES ON NON MILITARY MATTERS

Exhibit 2

MatterofKormanvNewYorkStateBd.ofElections

2016NYSlipOp02133

DecidedonMarch24,2016

AppellateDivision,ThirdDepartment

PublishedbyNewYorkStateLawReportingBureaupursuanttoJudiciaryLaw

§431.

Thisopinionisuncorrectedandsubjecttorevisionbeforepublicationinthe

OfficialReports.

DecidedandEntered:March24,2016

522647

[*1]IntheMatterofBARRYKORMANetal.,Appellants,

v

NEWYORKSTATEBOARDOFELECTIONS,Respondent,andRAFAELEDWARD

("TED")CRUZ,Respondent.

CalendarDate:March23,2016

Before:Peters,P.J.,Lahtinen,Rose,LynchandAarons,JJ.

RogerJ.Bernstein,NewYorkCity,andEisner&Associates,PC,NewYorkCity

(BenjaminN.Dictorofcounsel),forappellants.

DanielM.Sullivan,NewYorkCity,andLally&Misir,LLP,Mineola(GrantM.

Lallyofcounsel),forRafaelEdward("Ted")Cruz,respondent.

MEMORANDUMANDORDER

AppealfromanorderoftheSupremeCourt(Weinstein,J.),enteredMarch7,2016

inAlbanyCounty,whichdismissedpetitioners'application,inaproceedingpursuantto

ElectionLaw§16­102,todeclareinvalidthecertificateofdesignationnaming

respondentRafaelEdward("Ted")CruzasaRepublicanPartycandidatefortheoffice

ofPresidentoftheUnitedStates

intheApril19,2016presidentialprimaryelection.

OnJanuary26,2016,respondentRafaelEdward("Ted")Cruzfiledthreeletters

withrespondentNewYorkStateBoardofElections,whichtheBoarddeemedto constituteacertificateofdesignation,seekingtohavehisnameplacedontheballotfor

theApril19,2016presidentialprimaryelectionasaRepublicanPartycandidateforthe

officeofPresidentoftheUnitedStates(seeElectionLaw§2­122­b[3][b]).Three

weekslater,petitionerseachfiledageneralobjectionandspecificationstoCruz's certificateofdesignation,assertingthatCruzisnoteligibletobeacandidateforthe officeofPresidentoftheUnitedStatesbecauseheisnotanaturalborncitizenofthe

UnitedStatesasrequiredbytheUSConstitution(seeUSConst,artII,§1[5];Election

Law§6­122).Thereafter,onFebruary26,2016,petitionerscommencedthis

[*2]proceedingpursuanttoElectionLaw§16­102seekingtodeclareinvalidCruz's

certificateofdesignationonthebasisthatCruzisanaturalborncitizenofCanadaand

nottheUnitedStates [FN1] .Intheinterim,theBoarddeterminedthatpetitioners' objectionswereinvalid,reasoning,asisrelevantherein,thattheobjectionsraised issuesthatwerebeyondtheministerialpurviewoftheBoardandthattheywerenot

timelyfiled(seeElectionLaw§6­154[2]).Respondentseachansweredthepetition

andasserted,amongotherdefenses,thatpetitionerslackedstandingtomaintainthis

proceeding—withtheBoardassertingthatpetitioners'lackofstandingwasdueto

theirfailuretofiletimelyobjections.SupremeCourtdismissedthepetition,finding,

amongotherthings,thatpetitionersfailedtofiletheirobjectionsinatimelymannerand

thatsuchfailuredeprivedthecourtofjurisdictionovertheproceeding.Petitioners

appeal.

Weaffirm."Itiswellsettledthatacourt'sjurisdictiontointerveneinelection mattersislimitedtothepowersexpresslyconferredbystatute"(MatterofScaringev

Ackerman,119AD2d327,328[1986],affdonopbelow68NY2d885[1986][internal

denied17NY3d706[2011]).ElectionLaw§16­102confersstandingtocontesta

certificateofdesignationbywayofajudicialproceedingon,amongothers,"aperson

whoshallhavefiledobjections,asprovidedin"theapplicableprovisionoftheElection

Law(ElectionLaw§16­102[1][emphasisadded]).ElectionLaw§6­154—the

provisionbywhichpetitionersfiledtheirobjectionstoCruz'scertificateofdesignation

—provides,inpertinentpart,thatwrittenobjectionstoacertificateofdesignationcan

befiledbyanyvoterregisteredtovoteforsuchpublicofficeandrequiresthatgeneral

objections"shallbefiled

withinthreedaysafterthefiling"ofthecertificateof

designation(ElectionLaw§6­154[2]).Afterthefilingofgeneralobjectionswithinthe

prescribedtimeperiod,ElectionLaw§6­154mandatesthat"specificationsofthe

groundsoftheobjectionsshallbefiledwithinsixdaysthereafter"anddictatesthat,if suchspecificationsarenottimelyfiled,"theobjectionshallbenullandvoid"(Election

Law§6­154[2]).Failuretocomplywiththeseconstraintsdeprivesapetitionerof

standingtomaintainaproceedingpursuanttoElectionLaw§16­102(1)(seeMatterof

BennettvJustin,77AD2d960,961[1980],affdonopbelow51NY2d722[1980];

MackayvJohnson,20Misc3d1136[A],2008NYSlipOp51748[U],*4[SupCt,

NassauCounty2008],affd54AD3d428[2008];MatterofVillageofHerkimer

RepublicanParty,119Misc2d801,806[SupCt,HerkimerCounty1983];seealso

MatterofGreenvMahr,231AD2d480,480[1996]).

Here,withCruzhavingfiledhiscertificateofdesignationonJanuary26,2016,

petitionershaduntilJanuary29,2016tofiletheirgeneralobjectionsanduntilFebruary

4,2016tofiletheirspecifications(seeElectionLaw§6­154[2];seealsoElectionLaw

§1­106[1]).Itisundisputedthatpetitionersdidnotfiletheirgeneralobjectionsand

specificationsuntilFebruary17,2016,thusfailingtocomplywiththeprescribedtime

framesetforthinElectionLaw§6­154(2).Asaresult,petitionershavefailedtomeet

aconditionprecedenttostanding—namely,thattheyfileobjectionsincompliance

withElectionLaw§6­154(2)(seeElectionLaw§16­102[1];MatterofBennettv

Justin,77AD2dat961;seealsoMatterofBushvSalerno,51NY2d95,97­[*3]98

[1980];MatterofBreitensteinvTurco,254AD2d566,567[1998]).Underthese

circumstances,wearesimplyunabletorelaxthemandatoryfilingrequirementsof

ElectionLaw§6­154(2)orexcusepetitioners'noncompliancetherewith.Accordingly,

wefindnoreasontodisturbSupremeCourt'sdetermination.Ourholdingrenders

petitioners'remainingcontentionsacademic.

Peters,P.J.,Lahtinen,Rose,LynchandAarons,JJ.,concur.

ORDEREDthattheorderisaffirmed,withoutcosts.

Footnotes

Footnote1:ThisproceedingwasoriginallycommencedinNewYorkCounty,butit

wastransferredtoAlbanyCounty.Inaddition,theinitialpetitiononlynamedtheBoard

asarespondent;however,petitionersamendedthepetition,withSupremeCourt's

permission,tonameCruzasanadditionalrespondent.

ReturntoDecisionList
ReturntoDecisionList

16- 0413-OP UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

In re: Christopher Earl Strunk, Christopher Blaise Garvey,

and Harold William Van Allen,

Petitioners.

NOTICE UNDER FRAP 35 TO RECONSIDER EN BANC FOR A MORE DEFINITE DECISION TO DISMISS INCLUDING THE ALTERNATIVE TO TRANSFER THE PETITION TO THE CO-EQUAL SUPREME COURT OF THE UNITED STATES ON NON MILITARY MATTERS

Exhibit 3

ArticlesByMonth

ArticlesByMonth

Searchinsite

PLACEANAD DONATE CONTACTUS ArticlesByMonth Searchinsite NALC Lead Attorney: Documents Obtained From Canada on Ted
PLACEANAD DONATE CONTACTUS ArticlesByMonth Searchinsite NALC Lead Attorney: Documents Obtained From Canada on Ted

NALC Lead Attorney: Documents Obtained From Canada on Ted Cruz

“PROBABLYANUNDOCUMENTEDALIEN”

bySharonRondeau

Tweet
Tweet

(Mar.27,2016)—Atapproximately6:21p.m.

EDT,NorthAmericanLawCenter(NALC) lead

attorneyStephenPidgeonstatedontheTNALC

radio

“intelligence” and documentation from Canada showing that presidential candidate Sen. Ted CruzwasstrictlyaCanadiancitizenthroughout hislife.

show that NALC has obtained

PidgeontheorizedthatCruz’scandidacy,which he characterized as “illegal” and “fraudulent,” has been endorsed by Jeb Bush and other “establishment” figures to further the “New World Order” takeover of the United States. Pidgeon believes that “international puppets” are dictating who controls the United States, beginningwithBillClinton,whobeganapattern ofwhatPidgeoncalled“looting.”

CruzwasborninCalgary,Alberta,Canadatoa Cuban father and American mother. He now claims to be a “natural born Citizen,” as is

requiredbyArticleII,Section1,clause5ofthe

Constituionforthepresident.

AlsoraisedontheshowwasCruz’ssupporters’ claim, including that of commentator Glenn Beck,thatCruzhasbeen“anointed”tobethe nextpresidentoftheUnitedStates.

Atty.StephenPidgeon

Atty.StephenPidgeon

Pidgeon said that Cruz, although having presented himself as a “Christian constitutionalist,” is actually“anoperativeworkingfortheBushcabal”andtheNorthAmericanUnion.

Heis“probablyanundocumentedalien,”Pidgeonsaidat6:29p.m.

PidgeonsuspectsthatCruzisattemptingtosecure“justenoughdelegates”todenytheRepublican

nominationtoDonaldTrump,whoisleadingCruzbymorethan200delegates.

Pidgeon called Barack Hussein Obama, who he would like the House of Representatives to impeach,ausurpertotheofficeofthepresident. Since2007,manyAmericanshavequestioned Obama’sconstitutionaleligibility,asnoU.S.hospitalhasclaimedtobeObama’sbirthplace.

Afour­yearcriminalinvestigationhasshownthatObama’sonlypublicly­availabledocumentationis fraudulent. Theleadinvestigatorofthatprobe,MikeZullo,hasbeenresearchingCruz’sresponses tomediaquestionsandcitizenshiplawsasaprivatecitizenandfoundCruztobe“deceptive.”

Despite numerous requests, Cruz has refused to release documentation showing that he was registeredbyhismotherorbothparentsasaU.S.citizenbornabroad. Zullohaspointedoutthat Cruz’sstoryhaschangedovertimeastohiscitizenshipstatus,withCruztellingaUnivisionreporter in2013thathewasundoubtedlyaU.S.citizen. InJanuaryofthisyear,CruztoldCNN’sDanaBash thatheisa“naturalbornCitizen.”

AnumberoflawsuitsandballotchallengeshavebeenfiledaccusingCruzofseekingtheofficeas

anineligiblecandidate,withoneslatedforahearingatthePennsylvaniaSupremeCourt.

The Post &Emailhas attempted to obtain a certified copy of Cruz’s birth certificate, citizenship renunciationapplication,andnaturalizationrecord(s)ofhisfatherorbothparentsbutbeendenied for“privacy”reasonsbytheCanadiangovernment.

16- 0413-OP UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

In re: Christopher Earl Strunk, Christopher Blaise Garvey,

and Harold William Van Allen,

Petitioners.

NOTICE UNDER FRAP 35 TO RECONSIDER EN BANC FOR A MORE DEFINITE DECISION TO DISMISS INCLUDING THE ALTERNATIVE TO TRANSFER THE PETITION TO THE CO-EQUAL SUPREME COURT OF THE UNITED STATES ON NON MILITARY MATTERS

Exhibit 4

RT RT

TV TV

Web Web

Transconflict TrekforTruth WildRooster GreatBritishSerbs Nocategories

NocategoriesTransconflict TrekforTruth WildRooster GreatBritishSerbs OntheVictoryofDr.SeseljagainsttheWorld:Disloyaltymust

OntheVictoryofDr.SeseljagainsttheWorld:Disloyaltymust

bePunishedandRestitutionProvided

March31,2016

ByDr.JonathanLevy,memberInternationalCriminalCourtBar

Dr.VojislavSeseljhasjustwonSerbia’sgreatestvictoryofthe21stCenturybytakingontheentire

UnitedNations,EuropeanUnionandNATOlegalapparatusandwinningastunningvictoryvirtually

singlehanded.ThisisavictoryforallSerbsandanti­globalistsworldwide.Dr.Seseljjoinstheranksof

otherworldclassleaderslikePutinandTrumpwhoareupsettingtheeliteglobalistorderinfavorofthe

peoplenotoligarchs.

IhavealwaysmaintainedthatDr.Seseljwasinnocentofthesepoliticallymotivatedallegations.Now

IhavealwaysmaintainedthatDr.Seseljwasinnocentofthesepoliticallymotivatedallegations.Now

theremustbeapoliticalreckoninginSerbiaagainstthosewhoweredisloyaltoSerbia’sgreatest

contemporarypatriotandalsoeconomicrestitutiontoDr.Seseljandhisfamily.

Firstandforemost,thosewhooncesworefalseloyaltytoDr.Seseljmustbepunished.Thismeanyou,

PrimeMinisterVucicandPresidentNikolic.IremembersittinginDr.Seselj’sofficeinZemunin2007,

admiringthepatriotartworkwhileMr.Vucicextolledthevirtuesofhisleader.LittledidIknowatthe

timeIwaslookingintothefaceofabetrayer.

These“gentlemen”thoughttheyhadsoldDr.Seseljtothehighestbidderandnowtheymustbe

dispossessedoftheirill­gottengains.ItwasbetrayalinexchangeforbecomingtheEUpuppetmastersof

onceproudSerbia.ThesemenarelowerthantheNazicollaboratorMilanNedićwhodidHitler’sbidding

inWorldWarTwo.VucicandNikolichavegraduallyturnedSerbiaintoafloormatfortheEUandits

Germanyboundrefugeerabble.ThebordersofSerbiawereeffectivelydoneawaywith,Muslimswere

panderedtoevenastheybuildtheirstrengthandmasstheirjihadistsinBosnia,Albania,andKosovo

withSaudimoneyandbacking.

Second,Dr.Seseljandhisfamilyhavesufferedgreatprivation.AssetshavebeenseizedbytheUnited

StatesandEU.Thesemustbereturnedwithinterest.RestitutionmustbepaidbytheUNintheformof

millionsofEurostoDr.Seselj,hisfamily,hislegalteamandtheSerbianRadicalParty.TheUNcharade

hasbeenexposed,justicehasbegunandpaymentofrestitutionwhileitcanneverrestoretheyearslostto

Dr.Seselj,hisfamilyandSerbia,mustbeswiftlypaid.

AnewageisdawningintheBalkans.ThebanneroftheSerbianRadicalPartycanagainbeheldhigh.

MigrantswillnolongerdesecrateSerbia,openborderswillbeendedandthegovernmentwillsoon

changeforthebetter.TheEUandCIAlackeysarenowtheoneswhomusthideinshame.GodblessDr.

SeseljandGodblessSerbia!

TheauthorisaninternationallawyerandpoliticalscienceprofessorwhohaslongsupportedDr.Seselj

inhisstruggle.

16- 0413-OP UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

In re: Christopher Earl Strunk, Christopher Blaise Garvey,

and Harold William Van Allen,

Petitioners.

NOTICE UNDER FRAP 35 TO RECONSIDER EN BANC FOR A MORE DEFINITE DECISION TO DISMISS INCLUDING THE ALTERNATIVE TO TRANSFER THE PETITION TO THE CO-EQUAL SUPREME COURT OF THE UNITED STATES ON NON MILITARY MATTERS

PETITION WITH 28 USC §1651 FOR WRIT OF MANDAMUS AND INJUNCTION EQUITY RELIEF IN THE MATTER OF THE NEW YORK REPUBLICAN PARTY POTUS PRIMARY ON APRIL 19, 2016 AND NATIONAL GENERAL ELECTION ON NOVEMBER 8, 2016; PURSUANT TO THE NATIONAL EMERGENCY MANDATE BY THE DE-FACTO COMMANDER-IN-CHIEF, BARACK HUSSEIN OBAMA II, UNDER THE:

HAGUE CONVENTION, UNIFORM CODE OF MILITARY JUSTICE, INTERNATIONAL COVENANT OF CIVIL AND POLITICAL RIGHTS, AND CONSTITUTION OF THE UNITED STATES OF AMERICA.

Christopher Earl Strunk in esse Sui juris, in propria persona Petitioner Movant c/o 315 Flatbush Avenue - PMB 102 Brooklyn, New York Zip code excepted [11217] Ph: 718-414-3760; Email: suretynomore@gmail.com

PARTIES IN INTEREST

Roger J. Bernstein, Esq. 535 Fifth Avenue, 35th Floor New York, New York 10017

Brian L. Quail, Esq. and Kimberly Galvin, Esq. for New York State Board of Elections 40 North Pearl Street, 5th Floor Albany, New York 12207

Grant M. Lally, Esq. Lally & Misir, LLP for Ted Cruz 220 Old Country Road Mineola, New York 11501

Marco Rubio P.O. Box 558701 Miami Florida 33255 8701

JINDAL FOR PRESIDENT P.O.BOX 5101 BATON ROUGE, LA 70821-5101

Barack Hussein Obama II President of the United States' The White House 1600 Pennsylvania Avenue N.W. Washington DC 20500

i

TABLE OF CONTENTS

Page

Introduction

1

Relief Sought

7

Petitioners

10

Issues Presented:

25

A The New York State Board of Elections illegally changed the eligibility of a

candidate for President of the United States (POTUS) without benefit of any law

B To be a "natural-born Citizen" under the U.S. Constitution Article 2 Section 1 Clause 5 (A2S1C5) a person must be born in the United States of US Citizen Parents pursuant to the definition in The Law of Nations Book I Section 212

C Notwithstanding a write-in vote as a speech issue, all US Citizens registered to

vote and who vote for office of POTUS have a personal right and are entitled to an accurate ballot, must rely on the government to guarantee that all candidates are eligible to protect against infringement and or taking of a Citizen's vote property

D. Notwithstanding whether we have a National Emergency defacto martial process or have a dejure civilian due process, a Citizen is entitled to postliminy relief for return of personal right property guaranteed by the Bill of Rights.

E The Armed Forces Absentee Ballot for both the Primaries and General Election

must use only candidates who are "natural-born Citizens" have a write-in choice

F. The State Courts' decision imposes an undue burden on litigants Federal rights

Conclusion

27

Statutes

28

USC §1651

28

USC §2201

10

U.S. Code § 932 - Art. 132. Frauds against the United States

10

U.S. Code § 907 - Art. 107. False official statements

10

U.S. Code § 881 - Art. 81. Conspiracy

10

U.S. Code § 878 - Art. 78. Accessory after the fact

10

U.S. Code § 877 - Art. 77. Principals

ii

12 USC 95(a): 50 USC App. 5(b) still a National Emergency of Executive Order 2039 and 2040 by authorization of Congress by 12 USC 95(b)

The Emergency Powers Act of Sept. 14, 1976 PL 94-412 90 Stat. 1255, expressly retained 12 USC §95(a) with 50 USC Appendix §5(b)

The International Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701- 1707), EBRA remains the law of the land over banking and commerce internationally cited by the Congressional Research Service Report to Congress 98-505 “National Emergency Powers” update September 18, 2001.

US Constitution

U.S. Constitution Article 2 Section 1 Clause 5 (A2S1C5)

U.S. Constitution Article 1 Section 8 Clause 10

Cases

Scott v. Sanford, 60 U.S. 393

Minor v.Happersett, 88 U.S. (21 Wall.) 162 (1875)

U.S. v. Wong Kim Ark, 169 U.S. 649 (1898)

Rogers v. Bellei, 401 U.S. 815 (1971)

Michigan v. Long, 463 U.S. 1032

Fox Film Corp. v. Muller, 296 U.S. 207, 210 (1935)

Staub v. City of Baxley, 355 U.S. 313, 319-20 (1958), or (2) impose an undue burden on the ability of litigants to protect their federal rights, see, e.g., Felder v. Casey, 487 U.S. 131, 138 (1988)

Treaties

Laws of War: Laws and Customs of War on Land (Hague IV) of October 18, 1907, especially Section III Military Authority Over the Territory of the Hostile State Articles 42 through 56

International Covenant of Civil And Political Rights (ICCPR) especially Articles 2 and 25

Other Sources

The Law of Nations, by Emer de Vattel (b. 25 April 1714 - d. 28 December 1767) was published in 1758

Original Draft of the Declaration of Independence

APPENDIX annexed with pages APX - 001 through APX - 434

iii

INTRODUCTION

This petition with use of 28 USC §1651 for Writ of Mandamus and Injunction

Equity relief (1) is submitted in the matter of the New York Republican Party

Primary for Office of President of the United States (POTUS) on April 19, 2016

(see APX - 093) and as applies at the National General Election on November 8,

2016 with the New York State Board of Elections actual fraudulent invention of

the term "Born a Citizen" versus the express term of art "Natural born Citizen" for

candidate eligibility in contradiction to the U.S. Constitution Article 2 Section 1

Clause 5 (2) (see APX - 095); and that this petition is filed herein pursuant to pre-

existing and current National Emergency Mandates (see APX - 280) by the

resident De-Facto Commander-In-Chief, Barack Hussein Obama II, under:

The

Emergency Banking Relief Act of 9 March 1933 (48 Stat. 1) (EBRA) that brought

inland jurisdiction of The Trading with the Enemy Act of October 6, 1917, CH.

1 28 U.S. Code § 1651 - Writs:

(a) The Supreme Court and all courts established by Act of Congress may issue all writs

necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.

(b) An alternative writ or rule nisi may be issued by a justice or judge of a court which

has jurisdiction.

(June 25, 1948, ch. 646, 62 Stat. 944; May 24, 1949, ch. 139, § 90, 63 Stat. 102.)

2 U.S. Constitution Article 2 Section 1 Clause 5, quote: "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 has been fourteen Years a Resident within the United States."

1

106, 40 STAT. 411 (TWEA) by operation of Executive Orders: 2039 (3) of 6 March

1933 and 2040 (4) of 9 March 1933, e.g. 12 USC §95(a): 50 USC App. §5(b), still a

National Emergency of the Executive by perpetual authorization of Congress with

12 USC §95(b) (5) ; and that with four other Emergencies (see APX- 298) are still in

effect (6) , WE are according to the US Senate Report 93-549 as to the temporary

military government under a continual national emergency occupation; stated:

3 Executive Order 2039 created the perpetual private trusts on March 6, 1933 mandated :

the "

regulations as he may prescribe. is authorized and empowered (a) to permit any or· all of such banking institutions to perform any or all of the usual banking functions, (b) \o direct, require or-permit the issuance of clearing house certificates or other evidences of claims against assets of banking institutions , and {c) to authorize and direct the creation in such banking institutions of special trust accounts for the receipt of new deposits which shall be subject to withdrawal on demand without any restriction or limitation and

Secretary of the Treasury. with the approval of the President and under such

shall be kept separately in cash or on deposit in Federal Reserve Banks or invested-in obligations of the United States." (emphasis added by Petitioners)

4 Executive Order 2040 created the perpetual temporary Military Government on March 9, 1933

mandated : "

in

view of such continuing national emergency and by virtue of the

authority vested in me by Section 5 (b) of the Act of October 6 , 1917 (40 Stat. L 411), as amended by the act of March 9, 1933, do hereby proclaim, order, direct and declare that all the terms and provisions of said Proclamation of March 6, 1933, and the regulations and orders issued thereunder are hereby continued in full force and effect until further "

proclamation by the President

(emphasis added by Petitioners)

5 That 12 USC §95(a): 50 USC App. §5(b) with Executive Orders 2039 and 2040 as the law of the land approved by Congress under 12 USC §95(b) and as for all current and related

" actions,

regulations, rules, licenses, orders and proclamations heretofore orhereafter taken,

promulgated, made, or issued by the President of the United States or the Secretary of the Treasury since March 4. 1933, pursuant to the authority conferred by section 95a of this title, are approved and confirmed." (emphasis added by Petitioners)

6 See APX - 296, quote: The purpose of the TWEA was to "define, regulate and punish trading with the enemy." Section 5(b) of the original act gave the President power to regulate or prohibit transactions in foreign exchange and currency, and transfers of credit or property with any foreign country or the resident of any foreign country during war. This section has been amended four times. In 1933 Section 5(b) was amended to provide that its authorities could be used in time of a national emergency declared by the President;6 previously, the grants of power could

2

"Since March 9, 1933, the United States has been in a state of declared national emergency. In fact, there are now in effect four presidentially proclaimed states of national emergency: In addition to the national emergency declared by President Roosevelt in 1933, there are also the national emergency proclaimed by President Truman on December 16, 1950, during the Korean conflict, and the states of national emergency declared buy President Nixon on March 23, 1970 and August 15, 1971;

"These proclamations give force to 470 provisions of Federal law. These hundreds of statutes delegate to the President extraordinary powers, ordinarily exercised by the Congress, which affect the lives of American citizens in a host of all-encompassing manners. This vast .range of powers, taken together,. confer enough authority to rule the country without reference to normal Constitutional process"

"Under the powers delegated by these statutes, the - President may: seize property; organize and control the means of production; seize commodities; assign military forces abroad; institute martial law; seize and control all transportation and communication; regulate the operation of private enterprise; restrict travel; and, in a plethora of particular ways, control the "

lives of all American citizens

and when combined with The Emergency Powers Act of Sept. 14, 1976 PL 94-412

90 Stat. 1255, that expressly retained 12 USC §95(a) with 50 USC Appendix §5(b)

at Section 502(a)(1) (see APX - 286), with The International Emergency Economic

Powers Act (IEEPA) (50 U.S.C. 1701-1707) enacted on December 28, 1977

requires that the 12 USC § 95(a) amended 50 USC App. §5(b) be repealed as to

new emergency proclamations unless specified (see APX - 292), both enactments

make sure the EBRA remains the law of the land over banking and international

be used only during wartime. President Roosevelt cited the emergency authority of 5(b) to declare a bank holiday during the depression. The national emergency declared by Roosevelt is still in effect today. (emphasis added by Petitioners)

3

commerce cited by Maryland Journal of International Law Vol.

3 Issue 2 Article

11 "Amendments to the Trading With the Enemy Act" (see APX - 296), and the

Congressional Research Service Report to Congress 98-505 “National Emergency

Powers” update September 18, 2001 (see APX - 300); and thereby maintains and

further triggers the emergency occupation of the territories of the United States of

America with use of the Laws of War: Laws and Customs of War on Land (Hague

IV) of October 18, 1907,

especially Section III Military Authority Over the

Territory of the Hostile State Articles 42 through 56 (see APX - 420); and this

serves as Petitioners' complaint that invokes the Uniform Code of Military Justice

for:

10 U.S. Code § 932 - Art. 132. Frauds against the United States (7) , 10 U.S.

7 10 U.S. Code § 932 - Art. 132. Frauds against the United States Any person subject to this chapter— (1)who, knowing it to be false or fraudulent—

(A)

makes any claim against the United States or any officer thereof; or

(B)

presents to any person in the civil or military service thereof, for approval or payment,

any claim against the United States or any officer thereof;

(2) who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States or any officer thereof—

(A) makes or uses any writing or other paper knowing it to contain any false or fraudulent

statements; (B) makes any oath to any fact or to any writing or other paper knowing the oath to be false; or (C) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited; (3) who, having charge, possession, custody or control of any money, or other property of the United States, furnished or intended for the armed forces thereof, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he receives a certificate or receipt; or (4) who, being authorized to make or deliver any paper certifying the receipt of any property of the United States furnished or intended for the armed forces thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States; shall, upon conviction, be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 75.)

4

Code § 907 - Art. 107. False official statements (8) , 10 U.S. Code § 881 - Art. 81.

Conspiracy (9) , 10 U.S. Code § 878 - Art. 78. Accessory after the fact (10) , 10 U.S.

Code § 877 - Art. 77. Principals (11) and related law, includes as notice under the

International Covenant of Civil And Political Rights (ICCPR) especially Articles 2

8 10 U.S. Code § 907 - Art. 107. False official statements

Any person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.

(Aug. 10, 1956, ch. 1041, 70A Stat. 71.)

9 10 U.S. Code § 881 - Art. 81. Conspiracy

(a) Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

(b) Any person subject to this chapter who conspires with any other person to commit an

offense under the law of war, and who knowingly does an overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such other punishment as a court-martial or military commission may direct, and, if death does not

result to any of the victims, by such punishment, other than death, as a court-martial or military commission may direct.

(Aug. 10, 1956, ch. 1041, 70A Stat. 66; Pub. L. 109–366, §4(b), Oct. 17, 2006, 120 Stat. 2631.)

10 10 U.S. Code § 878 - Art. 78. Accessory after the fact

Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.

(Aug. 10, 1956, ch. 1041, 70A Stat. 65.)

11 10 U.S. Code § 877 - Art. 77. Principals

Any person punishable under this chapter who—

(1) commits an offense punishable by this chapter, or aids, abets, counsels, commands, or

procures its commission; or

(2) causes an act to be done which if directly performed by him would be punishable by this

chapter; is a principal. (Aug. 10, 1956, ch. 1041, 70A Stat. 65.)

5

and 25 (12) , and based upon the use of the Constitution of the United States of

America with the Article 1 Section 8 Clause 10 (13) express terms for use of the

construction interpretation with the polar star and Four-corners Rules (14) using

12 ICCPR PART II Article 2

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals

within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2. Where not already provided for by existing legislative or other measures, each State Party to

the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as herein recognized are violated

shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

(b) To ensure that any person claiming such a remedy shall have his right thereto

determined by competent judicial, administrative or legislative authorities, or by any other

competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

(c) To ensure that the competent authorities shall enforce such remedies when granted.

Article 25 Every citizen shall have the right and the opportunity, without any of the distinctions mentioned

in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen

representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by universal

and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

(c) To have access, on general terms of equality, to public service in his country.

see http://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx 2/12

13 U.S. Constitution Article 1 Section 8 Clause 10: "To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations." (emphasis by Petitioners)

14 Four Corners Rule requires to interpret the meaning and understanding of the provisions contained in a document by considering the overall meaning and intention of that document, and that in such an interpretation of document, the external factors will not influence the meaning. But the meaning of a sentence or clause is influenced by the document as a whole that under "four corners rule", intention of parties, especially that ofgrantor, is to be gathered from instrument as a whole and not from isolated parts thereof. Davis v. Andrews,Tex.Civ.App., 361 S

6

definitions of The Law of Nations, by Emer de Vattel (b. 25 April 1714 - d. 28

December 1767) was published in 1758 (15) , and we include the Original Table of

Contents and Sections that apply (APX - 328 thru APX - 405).

RELIEF SOUGHT:

A. Declaratory Judgment:

(1) on the jurisdictional status of the State's Court in regards to the continuing

National Emergency and obligation to enforce the letter and intent of the U.S.

Constitution especially A2S1C5 eligibility mandates;

(2) that during a national emergency all public officers of all branches of State

and Local Government / territory(s) including the Federal and State courts are a

defacto martial bodies by operation of law are under the POTUS Commander-

.W.2d 419, 423 and construction per se for interpretation of statute, regulation, court decision or

other legal authority is the process, or the art, of determining the sense, real meaning, or proper explanation of obscure, complex or ambiguous terms or provisions in a statute, written… … Black's law dictionary; and whereas, pursuant to the polar star rule — is the principle that a written document which is ambiguous is to be construed according to the intent of the maker, grantor, or devisor as gathered from the four corners of the instrument. Hanks v McDanell, 307

Ky 243, 210 SW2d 784, 17 ALR2d 1 …

Ballentine's law dictionary

15 Emer de Vattel (b. 25 April 1714 - d. 28 December 1767) was a Swiss philosopher, diplomat, and legal expert whose theories laid the foundation of modern international law and political philosophy. He was born in Couvet in Neuchatel, Switzerland in 1714 and died in 1767 of edema. He was largely influenced in his philosophy by Gottfried Leibniz and Christian Wolff and strove to integrate their ideas into the legal and political system. He is most famous for his 1758 work Le Droit des gens; OU, Principes de Ia loi naturelle appliques a Ia conduite et aux affaires des nations et des souverains (in English, The Law of Nations or the Principles of Natural Law Applied to the Conduct and to the Affairs of Nations and of Sovereigns). This work was his claim to fame and won him enough prestige to be appointed as a councilor to the court of King Augustus III of Saxony.

7

in-chief until the emergency(s) are terminated, and only at which time become

dejure civil bodies;

(3) the Framers of the Declaration of Independence and U.S. Constitution used

The Laws of Nations in its framing and proper use as an International

declaration;

(4) the Framers used "The Law of Nations" in US Constitution Article 1

Section 8 Clause 10 with intent to use the internationally unanimously accepted

Publication to be the basis for use in defining terms within the construction of

the Constitution that are within the polar star and four corners rule;

(5) that "natural born Citizen" means a person born in the United States of US

Citizens parents, and the term is not the same as a statutory naturalized citizen

that would include "born a Citizen";

(6) that during a continuing National Emergency the Hague Convention

Section III Military Authority Over the Territory of the Hostile State Articles 42

through 56 apply, and that the NYS BOE failed to adhere to the requirement

not to arbitrarily and capriciously change any law;

(7) that as the law of the land notwithstanding a National Emergency the

ICCPR Articles 2 and 25 apply and that the NYS BOE failed to adhere to the

requirement not to arbitrarily and capriciously change any law;

8

(8) that based upon the evidence and facts Petitioners as a result of the actual

fraud perpetrated by the NYS BOE and its agents were denied their 1st thru

14th Amendment rights to be protected by the State and Federal authorities;

B. Mandamus of the NYS Board of Elections to use "natural Born Citizen" in its

instruction for running for Office of POTUS not the term "Born a Citizen";

C. Mandamus of the NYS Supreme Court Appellate Division for the 2nd JD to

expedite its hearing of the Appeal 14-10459 in Strunk v Paterson Etal to proceed

in its review using the finding that the NYS BOE has wrongly used "Born a

Citizen" and is mandated to use "natural born Citizen".

D. Mandamus of the NYS BOE to strike Ted Cruz, Marco Rubio, Bobby Jindal

and or any other person from the party and or General Election Ballot who is not

eligible for the Office of POTUS who is not a "natural born Citizen" as defined by

the Law of Nations who must be born in the United States of US Citizen parents.

E. That the NYS BOE is ordered to expedite the Absentee Military Ballot for the

Party Primaries and General Election without ineligible POTUS Candidates.

F.

That

based

upon

the

foregoing

findings

the

Respondents

and

De-facto

Commander-in-chief with a foreign alien student father is not a Natural Born

Citizen, and as such actions heretofore had by Barack Hussein Obama II Etal are to

be referred to the US Army Provost General for investigation under the UCMJ.

9

Petitioners

1. Petitioner Christopher Earl Strunk

in esse Sui juris (Strunk), in propria

persona, with place for service c/o 315 Flatbush Avenue - PMB 102 Brooklyn,

New

York

Zip

code

excepted

[11217]

Ph:

718-414-3760;

Email:

suretynomore@gmail.com, (hereinafter among the "Petitioners"); and

2. That Strunk is a Vietnam Era Veteran having served honorably in the United

States Air Force with rank of E-5 from December 7, 1966 thru December 6, 1972.

3. Strunk has a Public U.S. Citizen registration to vote in New York's General

Election scheduled for 8 November 2016 for the advisory selection of Electors for

a candidate eligible for Office of POTUS and Vice President and is an enrolled

member of the Republican Party entitled to vote at the Republican Primary

Election on 19 April 2016.

4. Strunk to no avail starting in October 2008 challenged the NYS BOE,

various State Official and Candidate(s) and their agents to provide a true and

complete ballot for any POTUS candidate be eligible for the Office of POTUS and

whereas Barack Hussein Obama II was and is not eligible to be on the ballot at the

2008 General Election.

5. That Strunk to no avail starting in August 22, 2011 challenged the NYS

BOE, various State Official and Candidate(s) and their agents to provide a true and

complete ballot for any POTUS candidate be eligible for the Office of POTUS and

10

whereas Barack Hussein Obama II, Rick Santorum was and is not eligible to be on

the ballot at the party primaries and or at the 2012 General Election.; and that on

11 April 2012 Strunk was barred from further challenges in New York State court

without first obtaining permission from the Court to do so (see APX - 068).

6. That unlike the other Petitioners, Strunk is a member of a political class of

"pre-1933" Private National Citizens of the United States of America protected by

Section 1 of the 14th Amendment when on

January 21, 2014, at 4:22 AM in

WASHINGTON D.C. 20220, Strunk became a non combatant with a Treaty of

Peace duly registered with the Secretary of the Treasury during the ongoing time

of war and or emergency defined under the EBRA amended TWEA and as such is

no longer an enemy or ally of the enemy pursuant to the definition of 50 USC App.

Section 2(c) as 'Such other individuals, or body or class of individuals, as may be

natives, citizens, or subjects of any nation with which the United States is at war,

other than citizens of the United States, wherever resident or wherever doing

business, as the President, if he shall find the safety of the United States or the

successful prosecution of the war shall so require, may, by proclamation, include

within the term “enemy.”';

7. That Strunk on January 6, 2014 pursuant to the January 21, 2014 in

anticipation

of the registration cited above, Strunk filed an Amicus motion

demanding "Civilian due Process of Law" in the Appeal Case Strunk v NYS BOE

11

etal in the NYS Appellate Division for the 2nd JD (see APX - 314 w/o exhibits

herewith), and in response on 4 March 2014 (the 81st Anniversary of the FDR

inauguration and declaration of emergency occupation of the USA) the Appellate

four-judge panel issued its DECISION & ORDER ON MOTION M170416 -

denying provision "for civilian due process of law"

on appeals from the NYS

Supreme Court (see APX - 313); and confirms de-facto martial due process under

the

continuing

national

emergency

occupation,

that

also

explains

why

all

governmental bodies fly a fringed flag indoors pursuant to US Army Regulations

840-10. However, raises a question of why an un-fringed flag is flown out-of-doors

in contradiction to Hague Convention Article 23 Clause 7 (see APX -418).

8.

That

Strunk

to

no

avail on

February 26, 2016

filed the Motion for

permission to intervene in Article 78 Petition Korman and Gallo v NYS BOE Etal.

NYS SC Albany Index No.: 707-16 (see APX - 066) to challenge the NYS BOE,

various State Officials and Candidate(s) and their agents to provide a true and

complete ballot for any POTUS candidate be eligible for the Office of POTUS and

whereas as a result of the NYS BOE fraud as to eligibility using "Born a Citizen"

rather than the term of Art " natural born Citizen" and meaning that Barack

Hussein Obama II, Rick Santorum were and are not eligible to be on the ballot at

the party primaries and or at the 2008, 2012, 2016 General Election.

9. That Strunk's contention for the last 8 years is that the French version of

12

The Law of Nations (1758) was the only primary universally accepted international

reference document used before and after the death of Vattel in 1767. That it was

translated into English and other languages (16) , and according to the French

speaking diplomat Dr. Benjamin Franklin and the French University erudite

Thomas Jefferson and attorney John Adams were able to translate French into

English as three of the five man committee who wrote the Declaration of

Independence, and used the French version of The Law of Nations (The Question:

is an original translation plagiarism?),

December 9 th of 1775, wrote in French

and according to Franklin who on

to Vattel’s editor, C.G.F. Dumas, quote

from an English translation of his letter stated:

“ I am much obliged by the kind present you have made us of your edition of Vattel. It came to us in good season, when the circumstances of a rising state make it necessary frequently to consult the law of nations. has been continually in the hands of the members of our congress, now sitting. Accordingly, that copy which I kept has been continually in the hands of the members of our congress, now sitting, who are much pleased with your notes and preface, and have entertained a high and just esteem for their author.”

and further, Strunk contends The Law of Nations was used in the conduct of ALL

governments from the time of the Articles of Confederation until the adoption of

16 Vattel's Law of Nations was translated into English in 1760, based on the French original of 1758. A Dublin translation of 1787 does not include notes from the original nor posthumous notes added to the 1773 French edition. Several other English editions were based on the edition of 1760. However, , an English edition from 1793 includes Vattel's later thoughts, as did the London 1797 edition, The 1797 edition has a detailed table of contents and margin titles for subsections

13

the U.S. Constitution in 1788 by New York. Further, it was discovered at George

Washington's Mount Vernon Library that he had two copies (17) , and according to

public records were used throughout the 19th century, and in anticipation of the

Union Army occupation of the South in 1863 used The Law of Nations to create

the Liber Code for the Commander-in-chief Abraham Lincoln, and thereafter was

used to write the Hague Convention starting with the 1899 Philippine occupation

under the Military Government of William Taft; and thereafter, was used for

drafting

the Geneva treaty series in

the twentieth century onward - the Law of

Nations is the pivotal current reference then and today.

10. In search of proof of the Law of Nations use, on 22 September 2008 Strunk

received a fax copy of historical document from Garvey (with an historical library)

entitled "The Writing of the Declaration of Independence" that is a letter to James

Madison from Thomas Jefferson (see APX - 406), and the letter replication

accompanies "Jefferson's Original Draft of the Declaration" (see APX - 408).

Jefferson first deals with charges of plagiarism leveled by Timothy Pickering and

others in which Thomas Jefferson corrects "a very careless and faulty statement "

17 Two notable copies of The Law of Nations owned by the New York Society Library have been associated with US President George Washington. One copy had been borrowed by Washington on 8 October 1789, along with a copy of Vol. 12 of the Commons Debates, containing transcripts from Great Britain's House of Commons. When the staff of the Washington museum at Mount Vernon heard about the overdue books, they were unable to locate them, but purchased a second copy of the de Vattel work for US$12,000. This identical copy was ceremoniously "returned" 221 years late on 20 May 2010. The library waived the unpaid late-fees.

14

by John Adams of the circumstances attending the drafting of the Declaration. In

so far as Jefferson wrote the Declaration and kept copious notes to refresh his

memory, this undoubtedly is the correct and final word upon the subject. A

sensational charge of

want of originality, which has been brought against the

famous document, may here be noticed. Jefferson declares that while drafting it he

consulted "neither book nor pamphlet," but that he did not consider it his business

to "invent new

ideas

altogether."

Richard Henry Lee, one of the signers of the

Declaration, who was most vociferous in charging plagiarism, is revealed in

Randall's authorities "Life of Jefferson" as having been responsible himself for the

introduction of nearly all the alleged plagiarizations (The Question: is an original

translation plagiarism?).

11. Of importance in the Original Draft is shown at APX - 408 reveals that it

had 25% more text than the final Declaration of Independence, and that the parts

of the Declaration as originally written were struck out by Congress, are enclosed

in brackets, and the amendments are indicated at the bottom of the page. That those

members of the Congress associated with Charles Carroll (a very wealthy slave

trader family from Maryland whose cousin Fr. John Carroll S.J. went to school in

France with Jefferson and was a close associate of Dr. Franklin- was the first

Bishop of the Americas who founded Georgetown University with slave trade

money and with his family and associates provided the seven hills real property to

15

build Washington District of Columbia); all had threatened that Maryland would

not sign the Declaration were both King George and slavery per se to be

eliminated, and were the fledgling nation to receive Carroll Family funding the

framers may have one or the other choice but not both. These are the reasons for

eliminating 25% of the language and will allow the reader to understand what the

importance of using the Laws of Nations in the matter of "Piracies" at U.S.

Constitution Article 1 Section 8 Clause 10 means as shown in the bracketed

indictment taken out of the original at APX - 411 states quote:

"[He has incited treasonable insurrections of our fellow-citizens, with the allurements for forfeiture and confiscation of our property.

He has waged cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating and carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither. This piratical warfare, the opprobrium of infidel powers, is the warfare of the Christian King of Great Britain. Determined to keep open a market where men should be bought and sold, he has prostituted his negative for suppressing every legislative attempt to prohibit or to restrain this execrable commerce. And that this assemblage of horrors might want no fact of distinguished die, he is now exciting those very people to rise in arms among us, and to purchase that liberty of which he has deprived them, by murdering the people on whom he also obtruded them: thus paying off former crimes committed against the liberties of one people with crimes which he urges them to commit against the lives of another.]"

12. That Strunk contends that the Article 1 Section 8 Clause 10 reference to

"Piracies" when the Law of Nations is searched is only found in a single location,

e.g. the Law Of Nations Book III Table of Contents shown at APX - 373, for § 196

16

"Acquisition of movable property of the Chapter XIII Of Acquisitions by War, and

particularly of Conquests." There at APX - 377 in part states as to "piracies" quote:

present it would be in vain to claim a ship taken by the Barbary

corsairs, and sold to a third party, or retaken from the captors; though it is very improperly that the piracies of those barbarians can be considered as acts of regular war. We here speak of the external right: the internal right and the obligations of conscience undoubtedly require that we should restore

to a third party the property we recover from an enemy who had despoiled him of it in an unjust war,—provided he can recognise that property, and will defray the expenses we have incurred in recovering it. Grotius quotes many instances of sovereigns and commanders who have generously restored such booty, even without requiring any thing for their trouble or expense.* But such conduct is pursued only in cases where the booty has been recently taken. It would be an impracticable task, scrupulously to seek out the proprietors of what has been captured a long time back: and moreover they have, no doubt, relinquished all their right to things which they had no longer any hope of recovering. Such is the usual mode of thinking with respect to captures in war, which are soon given up as irrecoverably lost. " (emphasis by Strunk)

" At

13. That Strunk contends that Congress must search and use the entirety of the

Law of Nations in order to follow its instructions at Article 1 Section 8 Clause 10

must include the definitions of Citizen / Property / Booty / Prize / Sea / restore /

among both just and unjust war definitions only are found at the Law of Nations

Book I starting at Tables of Contents APX - 328 thru APX - 333; and of course

Petitioners contend that Chapter XVII How a Nation may separate itself from the

State of which it is a Member, or renounce its Allegiance to its Sovereign when it is

not protected

at APX - 334 applies through APX - 341 not least of which are

Sections 211 through 256 accordingly through APX - 361.

17

14.

That

Petitioners

focus

herein

on

the

definitions

of

Citizen,

Native,

Naturalized, Children born in a foreign country as apply to Ted Cruz the Canadian

as apply to foreign alien resident Marco Rubio (anchor baby) plus given the

questionable birth location of Barry Soetoro, he however has been proven to be an

Indonesian who has sealed his records; we offer the definitions that follow from:

CHAPTER XIX : Of our Native Country, and several Things that relate to it.

§211. What is our country. The whole of the countries possessed by a nation and subject to its laws, forms, as we have already said, its territory, and is the common country of all the individuals of the nation. We have been obliged to anticipate the definition of the term, native country (§122), because our subject led us to treat of the love of our country,—a virtue so excellent and so necessary in a state. Supposing then this definition already known, it remains that we should explain several things that have a relation to this subject, and answer the questions that naturally arise from it.

§212. Citizens and natives. The citizens are the members of the civil society:

bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see, whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for if he is born there of a foreigner, it will be only the place of his birth, and not his country. <102>

18

§213. Inhabitants. The inhabitants, as distinguished from citizens, are foreigners, who are permitted to settle and stay in the country. Bound to the society by their residence, they are subject to the laws of the state, while they reside in it; and they are obliged to defend it, because it grants them protection, though they do not participate in all the rights of citizens. They enjoy only the advantages which the law or custom gives them. The perpetual inhabitants are those who have received the right of perpetual residence.

These are a kind of citizens of an inferior order, and are united to the society, without participating in all its advantages. Their children follow the condition of their fathers; and as the state has given to these the right of perpetual residence, their right passes to their posterity.

§214. Naturalisation. A nation, or the sovereign who represents it, may grant to a foreigner the quality of citizen, by admitting him into the body of the political society. This is called naturalisation. There are some states in which the sovereign cannot grant to a foreigner all the rights of citizens,— for example, that of holding public offices,—and where, consequently, he has the power of granting only an imperfect naturalisation. It is here a regulation of the fundamental law, which limits the power of the prince. In other states, as in England and Poland, the prince cannot naturalise a single person, without the concurrence of the nation represented by its deputies. Finally, there are states, as, for instance, England, where the single circumstance of being born in the country naturalises the children of a foreigner.

§215. Children of citizens, born in a foreign country. It is asked, whether the children born of citizens in a foreign country are citizens? The laws have decided this question in several countries, and their regulations must be followed. By the law of nature alone, children follow the condition of their fathers, and enter into all their rights (§212); the place of birth produces no change in this particular, and cannot of itself furnish any reason for taking from a child what nature has given him; I say “of itself,” for civil or political laws may, for particular reasons, ordain otherwise. But I suppose that the father has not entirely quitted his country in order to settle elsewhere. If he has fixed his abode in a foreign country, he is become a member of another society, at least as a perpetual inhabitant; and his children will be members of it also.

19

§216. Children born at sea. As to children born at sea, if they are born in those parts of it that are possessed by their nation, they are born in the country: if it is on the open sea, there is no reason to make a distinction between them and those who are born in the country; for, naturally, it is our extraction, not the place of our birth, that gives us rights: and if the children are born in a vessel belonging to the nation, they may be reputed born in its territories; for it is natural to consider the vessels of a nation as parts of its territory, especially when they sail upon a free sea, since the state retains its jurisdiction over those vessels. And as, according to the commonly received custom, this jurisdiction is <103> preserved over the vessels, even in parts of the sea subject to a foreign dominion, all the children born in the vessels of a nation are considered as born in its territory. For the same reason, those born in a foreign vessel are reputed born in a foreign country, unless their birth took place in a port belonging to their own nation: for the port is more particularly a part of the territory; and the mother, though at that moment on board a foreign vessel, is not on that account out of the country. I suppose that she and her husband have not quitted their native country to settle elsewhere.

§217. Children born in the armies of the state, or in the house of its minister at a foreign court. For the same reasons also, children born out of the country in the armies of the state, or in the house of its minister at a foreign court, are reputed born in the country; for a citizen, who is absent with his family on the service of the state, but still dependent on it, and subject to its jurisdiction, cannot be considered as having quitted its territory.

§218. Settlement. Settlement is a fixed residence in any place with an intention of always staying there. A man does not then establish his settlement in any place, unless he makes sufficiently known his intention of fixing there, either tacitly, or by an express declaration. However, this declaration is no reason why, if he afterwards changes his mind, he may not transfer his settlement elsewhere. In this sense, a person who stops at a place upon business, even though he stay a long time, has only a simple habitation there, but has no settlement. Thus the envoy of a foreign prince has not his settlement at the court where he resides.

The natural or original settlement is that which we acquire by birth, in the place where our father has his; and we are considered as retaining it, till we have abandoned it, in order to chuse another. The acquired settlement (adscititium) is that where we settle by our own choice.

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15.

That Strunk alleges based upon information and belief that the de-facto

Commander-in-chief will never get impeached by the present absolutely corrupt

Congress for anything that he has done but is nevertheless

has committed a

multitude of high crimes as outlined by Stephen Pidgeon Esq. of the North

American Law Center, and who has for the past year transmitted and served upon

all levels of government officials their Articles of Impeachment of Barack Hussein

Obama (II) (see APX - 422); and that based upon a plethora of criminal evidence

is worthy of further investigation by the US Army Provost General for crimes

committed during the ongoing National Emergency Occupation whereby the

Commander-in-Chief

accordingly.

has authority over all government bodies and agents

16. That from August 22,. 2011, Strunk and Van Allen worked with Kevin

Richard Powell to produce a series of investigative reports with sworn affidavits of

experts

in

several

published articles (see APX - 247 thru APX - 278) with

evidence and proof of misprision of Treason and felonies done by the NYS Board

of Elections and their agents Principals with the Internet Archives at Alexandrina

Egypt and the Presidio in San Francisco in association with the Global Crisis

Group created by George Soros with Zbigniew Kaimierz Brzezinski among a very

long list of other unsavory characters including those associated with the Muslin

Brotherhood.

21

17.

Petitioner Christopher Blaise Garvey in esse, in propria persona (Garvey)

with place for service at 16 Nicoll Avenue Amityville, New York 11701 Ph: 631-

598-0752; Email: chrisgarveyl@verizon.net (hereinafter among the "Petitioners");

and

18. That Garvey is a currently qualified

Merchant Mariner Master of Steam,

Motor, or Auxiliary Sail Vessels of Not More than 100 Gross Tons (Domestic

Tonnage) Upon Inland Waters, Authorized to engage in Commercial Assistance

Towing, and is in good standing pending license renewal.

19. Garvey has a Public U.S. Citizen registration to vote in New York's General

Election scheduled for 8 November 2016 for the advisory selection of Electors for

a candidate eligible for Office of POTUS / Vice President and is now an enrolled

member of the Green Party not entitled to vote at the Republican Primary Election

on 19 April 2016.

20. Garvey to no avail in February 2012, as a then enrolled member of the

Republican Party, filed the Article 78 Petition in State court (see APX - 225)

to

challenge the NYS BOE, various State Official and Candidate(s) and their agents

to provide a true and complete ballot for any POTUS candidate be eligible for the

Office of POTUS and whereas Barack Hussein Obama II, Rick Santorum and Mitt

Romney were and are not eligible to be on the ballot at the 2012 and for now at the

2016 General Election Ballot.

22

21. Petitioner

Harold

William

Van

Allen

in

esse,

in

propria

persona

(Van Allen) with place for service at 351 North Road Hurley New York 12443 Ph:

845-389-4366; Email: hvanallen@hvc.rr.com; and

22. That Van Allen is a service related disabled Vietnam Era Veteran having

served honorably in the United States Navy with rank of

through June 1978.

O-2 from June 1972

23. That Van Allen starting in August 22, 2011 challenged the NYS BOE,

various State Official and Candidate(s) and their agents to provide a true and

complete ballot for any POTUS candidate be eligible for the Office of POTUS be

based upon the AS21C5 eligibility rather than the NYS BOE fraudulent invented

term "Born a Citizen" filed for intervention in the Case Strunk v Paterson Etal.

NYSSC Kings Index No.: 29642-08, and was denied (see APX - 173);

24. That Van Allen in February 2012 challenged the NYS BOE, with objections

to Barack Hussein Obama II, and Rick Santorum who were and are not eligible to

be on the ballot at the party primaries and or at the 2012 General Election and or

that of 2016 (see APX -115);

25. That Van Allen having been denied intervention in the case Strunk v

Paterson Etal. filed an Article 78 Petition Van Allen v NYS BOE NYSSC Albany

Index No.: 1787-12 challenging the fraudulent use of "Born a Citizen" rather than

"natural born Citizen" was denied relief there too with the Order (see APX - 217).

23

26.

Then on February 2014 based upon the decision of July 9, 2012 in the

Article 78 Petition

Van Allen v NYS BOE

NYSSC Albany Index No.: 1787-12

Van Allen filed a Motion to renew the Motion to Intervene in Strunk v Paterson

Etal. (see APX - 169).

27. That based upon the denial of the Motion to Renew in the case Strunk v

Paterson Etal. NYSSC Kings Index No.: 29642-08 Strunk and Van Allen filed an

Appeal to the New York State Appellate Division of the 2nd JD from the Order

and that since the summer of 2015 remains in limbo awaiting a scheduling for oral

argument on the intervention as of right into the only venue for which the Born a

Citizen versus Natural Born Citizen has standing to be heard for Van Allen.

28. Petitioners contend that Rafael Edward "Ted" Cruz was born December 22,

1970 to Rafael Cruz who was born in Cuba, of his father from the Canary

Islands in Spain. Ted Cruz's mother was born in Wilmington, Delaware, and is of

three quarters Irish and one quarter Italian ancestry and had a prior marriage to a

British subject and lived in England . His father left Cuba in 1957 to attend

the University of Texas and obtained political asylum in the United States after his

four-year

student

visa

expired.

Rafael Cruz

earned

Canadian

citizenship

in

1973 and ultimately became a naturalized U.S. citizen in 2005. His mother earned

an undergraduate degree from Rice University in the 1950s. Eleanor and Rafael

Cruz divorced in 1997. Ted Cruz is NOT a natural born Citizen.

24

Issues Presented:

A The New York State Board of Elections illegally changed the eligibility of a

candidate for President of the United States (POTUS) without benefit of any law

B

To be a "natural-born Citizen" under the U.S. Constitution Article 2 Section 1

Clause 5 a person must be born in the United States of US Citizen Parents pursuant

to

the definition in The Law of Nations Book I Section 212

C

Notwithstanding a write-in vote as a speech issue, all US Citizens registered to

vote and who vote for office of POTUS have a personal right and are entitled to an

accurate ballot, must rely on the government to guarantee that all candidates are

eligible to protect against infringement and or taking of a Citizen's vote property

D. Notwithstanding whether we have a National Emergency defacto martial

process or have a dejure civilian due process, a Citizen is entitled to postliminy

relief for return of personal right property guaranteed by the Bill of Rights.

E The Armed Forces Absentee Ballot for both the Primaries and General Election

must use only candidates who are "natural-born Citizens" have a write-in choice

F. The State Courts' decision imposes an undue burden on litigants Federal rights.

That the adequate and independent state ground doctrine states that when a litigant

petitions the U.S. Supreme Court to review the judgment of a state court which

rests upon both federal and non-federal (state) law, the U.S. Supreme Court does

25

not have jurisdiction over the case if the state ground is (1) “adequate” to support

the judgment, and (2) “independent” of federal law. See Michigan v. Long, 463

U.S. 1032, 1038 (1983) (“It is, of course, incumbent upon this Court to ascertain

for itself whether the asserted non-federal ground independently and adequately

supports the judgment.” (internal quotation marks omitted)); Fox Film Corp. v.

Muller, 296 U.S. 207, 210 (1935) (“[W]here the judgment of a state court rests

upon two grounds, one of which is federal and the other non-federal in character,

our jurisdiction fails if the non-federal ground is independent of the federal ground

and adequate to support the judgment.”); Murdock v. City of Memphis, ("[W]hither

there exist other matters in the record actually decided by the State court which are

sufficient to maintain the judgment of that court, notwithstanding the error in

deciding the Federal question. In [that case] the court would not be justified in

reversing the judgment of the State court.").

The “adequacy” prong primarily focuses on state court dismissals of federal

claims on state procedural grounds, as procedural requirements are by definition

logically antecedent. Antecedent state-law grounds (i.e., state rules of procedure)

are adequate to support a judgment unless they (1) are arbitrary, unforeseen, or

otherwise deprive the litigant of a reasonable opportunity to be heard, see,

e.g., Staub v. City of Baxley, 355 U.S. 313, 319-20 (1958), or (2) impose an undue

26

burden on the ability of litigants to protect their federal rights, see, e.g., Felder v.

Casey, 487 U.S. 131, 138 (1988).

The “independence” prong focuses on decisions where the state and federal

rules are not clearly distinct. If it is not "apparent from the four corners” of the

opinion that the judgment rests on an independent state law rule, then, unless it is

“necessary or desirable” to obtain clarification from the state court itself, the

Supreme Court will presume that the decision rested in part on federal law, thereby

rendering

it

reviewable. Michigan

v.

463

U.S.

1032,

1040

&

n.6.

Furthermore, when federal law limits the states’ ability to change the definition of

state-created legal interests, the Supreme Court has jurisdiction to review the state

court’s characterization of the law both before and after the change. For example,

the U.S. Supreme Court routinely reviews state court determinations of state

property law to determine whether a litigant has been deprived of “property”

within the meaning of the Due Process clause.

CONCLUSION

Based upon the foregoing and exhibits annexed, Petitioners having not sought this

relief from this court before and have expended their remedies below against the

fraud and conspiracy, have damage to their fundamental personal rights, and

because time is of the essence with irreparable harm Petitioners are entitled to the

above relief sought along with different and other relief the court deems necessary.

27

PETITION VERIFICATION AFFIDAVIT

STATEOFNEWYORK

1c. •tvvS

COUNTY OF ~,.E.W YORK)

)

) ss.

Accordingly, I, Christopher Earl Strunk, being duly sworn, depose and say under penalty of perjury:

I have read the foregoing Petition and Appendix Pages 1 thru 434 filed under 28 USC §1651 and related law for a writ of mandamus of the NYS BOE and its agents to comply with the United States Constitution Article 2 Section 1 Paragraph 5 as to eligibility inherent in the New York State Legislature and or its public officer agents instructions to each prospective candidate seeking the office of POTUS, to be eligible shall be a "natural-born Citizen" rather than merely "Born a Citizen", at least 35 years of ages and 14 years resident by the respective 19 April 2016 Primary and November 8, 2016 New York State General Election; and that Petitioner is individually associated herein with Christopher Blaise Garvey and Harold William Van Allen since 2003 in election law matters to seek equity relief and am a material witness to events of this mandamus of the New York State Board of Elections and its agents to publish the true and correct eligibility instructions - at the webpage entitled "Running for Office" as defined by The Law of Nations for each POTUS candidate selected at a Party Convention or otherwise for the New York State 2016 General Election for Office POTUS shall be a "natural-born Citizen". And this affirmation is in support of remand for criminal investigation by the US Army provost for the arbitrary and collusive illegal use of "Born a Citizen" in conspiracy with foreign enemy agents in Egypt, as a willful misprision of treason to aid and abet the enemies of the Uni