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SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND DEPARTMENT

Christopher-Earl: Strunk, in esse

Against

Appellant / Plaintiff

STATEMENT PURSUANT TO CPLR 5531

NEW YORK STATE BOARD OF ELECTIONS etal.

Appellees / Defendants

1. The Index Number of this Case in Trial Court is 6500-2011.

2. The Full names of the Original Parties are unchanged.

3. The action was commenced in NYS Supreme Court Kings County Part 27.

4. The action was commenced on 22 March 2011.

5. The Nature of the Case is related to the 2008 presidential election and fraud

associated with it and derives from current active related cases with Index

No.: 29642-2008 and 21948-2012 in NYS Sup. Ct. Kings County Part 43.

6. The appeal is from the 29 March 2013 Decision and Order of Arthur M.

Schack for Sanctions.

7. This appeal is on the Original Record subpoenaed from the County Clerk of

trial court and in the possession of the Clerk of this Appellate Court.

- -------------------- ------------------ --------------------- --------x Christopher-Earl: Strunk , in esse -against-

- -------------------------------------------------------------------x

Christopher-Earl: Strunk, in esse

-against-

Plaintiff / Appellant,

APPEAL CASE

 

INDEX NO.:

NEW YORK STATE BOARD OF ELECTIONS; JAMES A.WALSH, DOUGLAS A. KELLNER / Co-Chairmen,

2013-06335

EVELYN J. AQUILA / Commissioner, GREGORY P. PETERSON / Commissioner, Deputy Director TODD D. VALENTINE, Deputy Director STANLEY ZALEN; ANDREW CUOMO, ERIC SCHNEIDERMAN, THOMAS P. DINAPOLI, RUTH NOEMÍ COLÓN, in their Official and individual capacity; Fr. JOSEPH A. O'HARE, S.J.; Fr. JOSEPH P. PARKES, S.J.; FREDERICK A.O. SCHWARZ, JR.; PETER G. PETERSON, ZBIGNIEW KAIMIERZ BRZEZINSKI; MARK BRZEZINSKI; JOSEPH R. BIDEN, JR.; SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama II, a.k.a. Steve Dunham); NANCY PELOSI; DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK; STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE; RÓGER CALERO; THE SOCIALIST WORKERS PARTY; IAN J. BRZEZINSKI; JOHN SIDNEY MCCAIN III; JOHN A. BOEHNER; THE NEW YORK STATE REPUBLICAN STATE COMMITTEE; THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY; STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE; PENNY S. PRITZKER; GEORGE SOROS; OBAMA FOR AMERICA; OBAMA VICTORY FUND; MCCAIN VICTORY 2008; MCCAIN-PALIN VICTORY 2008; John and Jane Does; and XYZ Entities.

Defendants / Respondents.

APPELLANT’S REPLY TO THE BRIEF FOR DEFENDANTS- RESPONDENTS ZBIGNIEW KAIMIERZ BRZEZINSKI, MARK BRZEZINSKI and IAN J. BRZEZINSKI

STATE OF NEW YORK

)

 

} ss:

COUNTY OF KINGS

)

Accordingly, I, Christopher-Earl: Strunk in esse Sui juris agent debtor trust

transmitting utility ™CHRISTOPHER EARL STRUNK© Appellant (STRUNK),

being duly sworn. depose and say under penalty of perjury:

Introduction

This is Appellant’s Reply to the Response Brief for DEFENDANTS-

RESPONDENTS ZBIGNIEW KAIMIERZ BRZEZINSKI, MARK BRZEZINSKI

and IAN J. BRZEZINSKI in regards to the Second of Three Appellant’s Briefs for

the appeal 2013-06335 taken from the March 29, 2013 Order entered by McGuire

Woods LLP on April 18, 2013 counsel to Defendants ZBIGNIEW KAIMIERZ

BRZEZINSKI, MARK BRZEZINSKI and IAN J. BRZEZINSKI in the total

money amount of $75,600.00 for attorney fees and $2,446.74 for disbursements for

a total of $78,156.74 resulted from the alleged frivolous conduct of Plaintiff

CHRISTOPHER EARL STRUNK as would apply to all the Defendants.

That Plaintiff’s fraud challenge as to the New York State Board of Elections

et al as to state action under color of law is a result of the discovery of their willful

misuse of United States Constitution Article II Section 1 Clause 5 (A2S1C5) as to

the merits of the eligibility requirements for any candidate slate seeking ballot

access and election to the office of President and or Vice President of the United

2

States (POTUS) along with each of those entities or persons materially seeking to

impose candidates onto the New York State ballot in 2008, 2012 and in 2016 as a

continuing harm by State entities aided and abetted by named Defendants in acts of

treason and misprision of treason with sedition as clearly defined 18 U.S. Code §

2381

– Treason; 18 U.S. Code § 2382 - Misprision of treason; 18 U.S. Code §

2383

- Rebellion or insurrection; 18 U.S. Code § 2384 - Seditious conspiracy; 18

U.S. Code § 2385 - Advocating overthrow of Government;

the Brzezinski Defendants conspired together to aid and abet the enemies of

the posterity of the United States of America to maintain the now 81 years of

martial process in continuance and furtherance of the overthrow of the Government

as defined by the Constitution to the United States, and did under color of their

public office of trust proceed to breach of public trust necessary in the conduct of

elections that despite being in full knowledge that any candidate must be eligible

under A2S1C5 to run and serve for the Office of President of the United States

(POTUS) proceeded nevertheless despite being forewarned of ineligibility in 2008

acted to place Barack Hussein Obama II aka Barry Soetoro aka SOEBARKAH,

aka Steve Dunham, aka Barry Allen Owens with Joseph R. Biden as a slate, that of

John Sidney McCain III and the Palin slate and the Roger Calero slate onto the

ballot at the 2008 Presidential election cycle; and when all three Presidential

candidate slates were and are never to be eligible as “natural-born Citizens” of the

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United States, and that all persons acted with intent of committing misprision of

treason in the commission of willful fraud against the beneficial interest of

Plaintiff’s unalienable rights who along with voters have been denied any remedy

available under law; and as such requires pure equity relief under the maxims of

equity here as if it were a Bill of Particulars for the Appellate Panel and Court

embanc to issue a decree for equity relief. In that the need for a decree by reason of

the lack of POTUS eligibility defines the very existence of the Court in a matter of

such magnitude that has never been a more important case involving grave national

security with the current facts and constellation of parties represented by the nine

attorneys is quite unlike any prior time in our short 230 or so years of history.

Executor Public Officer under martial process in lieu of civilian due process

On 4 March 2014 the Appellate Panel of Justices PETER B. SKELOS,

THOMAS A. DICKERSON, JOHN M. LEVENTHAL, L. PRISCILLA HALL,

issued the Decision and Order M170416 on the Motion by the Appellant, inter

alia, denying provision "for civilian due process of law" on appeals from three

orders of the Supreme Court, Kings County from Case with Index no.: 6500-2011,

dated April 1l, 2012, March 29, 2013, and December 9, 2013, respectively. 12-

5515, 13-6335 and 14-00297. The historical importance of the Decision and Order

M170416, whether to continue under martial process as we have for 81 years under

men or return to civilian due process with our State and Federal Constitutions fully

4

in force to protect our freedom and unalienable rights under GOD, is front and

center in this third and final Appellant’s Appeal Brief for Appeal 2014-00297 for

consolidated hearing together with Appeal 2012-5515 taken from the Order of

April 11, 2012 filed June 20, 2013, and Appeal 2013-6335 taken from the Order of

March 29, 2013 filed May 5, 2014 as against all defendants accompanies the

record subpoenaed for each of the Orders for use by the Court in deliberation.

Thus with the 4 March 2014 judicial notice given by Decision and Order

M170416, STRUNK became the duly appointed Executor public officer for the

Express Deed in Trust to the United States of America duly recorded with the

Superior Court of Georgia for Lamar County at BPA BOOK 32 PAGES 716 thru

754 on April 29, 2014 at 1:20 PM; and that STRUNK’s duty to the beneficiaries of

the Express Deed in Trust to the United States of America with a claim of

beneficial interest in and over all the public and private real, personal, tangible and

intangible property within the organic UNITED STATES OF AMERICA

geographic border to safeguard and secure for the posterity of WE the People of

the United States of America in the nation given by GOD for securing each private

Citizen’s unalienable rights and beneficial interest in pursuit of life liberty and

happiness in perpetuity, and with the Executor and Beneficiaries duty to the DEED

in TRUST shall guarantee that all incumbents and future candidate(s) for the

Office of President or Vice President of the United States (POTUS) shall be a

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bonafide Natural-Born Citizen (NBC) private citizen of the United States agent

who is surety no more to the Debtor Trust Entity in compliance with the

Constitution for the United States Article 2 Section 1 Clause 5 (A2S1C5), either

under 12 USC 95 with 50 USC App. 5(b) and related law with the Military

Government authority of the renewed annual National Emergency or otherwise

civil process.

Statements in Reply to The Counter-Statement of Issues On Appeal

First Amendment Right

Appellant as a private Citizen of the United States nunc pro tunc and Executor

Public Officer in regards to his own fundamental First Amendment Right to

Speech, Publish, Associate, and not least of which guarantees the right to

petition for redress of grievances (notwithstanding the martial process imposed

since the 9 March 1933 Executive Order 2040 forward) has an undeniable

absolute duty as a matter of rule of law, and given that all the acts of the usurper

are void ab initio, mandates as a matter of moral necessity that I oppose the

fundamental satanic evil embodied by the acts of all the Defendants using any

means available as done herein underlying the legitimate basis for this case; and

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Duty to thwart Treason and sedition

Appellant-Plaintiff has an absolute duty to report and actively oppose Treason,

Misprision of treason, Rebellion or insurrection, Seditious conspiracy and those

advocating overthrow of Government as has been done by all Defendants; and is

especially true of the Brzezinski Defendants who had superior knowledge with

access to top secret intelligence under the control of the

NSA/CIA/DIA/MI6/GRU/FSB/MOSSAD/SHIN BET with whom those agencies

operate through the Center for Strategic and International Studies of the Jesuit’s

Georgetown University, with Ian Brzezinski’s Booz Allen Hamilton, the Atlantic

Council overseeing agency of the North Atlantic Treaty Organization (NATO),

with its other coordinating agencies of the Organization for Security and

Cooperation in Europe (OSCE) using its Office for Democratic Institutions and

Human Rights (ODIHR) to interfere with sovereign elections in coordination with

the United States Department of State (DOS).

Election Interference

That for the DOS, Mark Brzezinski notably has a track record of election

interference as in 2004 was ejected from Ukraine for interference with the

sovereignty and sanctity of election that year between Viktor Yushchenko and

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Viktor Yanukovych requiring an election rerun (1) , and as recently done with

interference by the DVD agent John Sidney McCain III in 2013 for the overthrow

of the duly elected government after Ukraine’s President Viktor Yanukovich

abandoned plans for a trade association with the European Union (2) , with his an

outrageous record of interference was rewarded with appointment as the United

States Ambassador to Sweden at the seat of the Swedish Rite of Masonry effecting

the Russian Federation through attempts to overthrow that government now,

according to my British Intelligence expert and my friend Michael Shrimpton, is

using Deutscher Verteidigungs der Dienst (DVD) agent Dmitry Medvedev against

Vladimir Putin (3) .

CIA Employment of Barry Soetoro

That not only did Zbigniew Brzezinski know and encourage the direct employment

of Barry Soetoro SOEBARKAH with use of the CIA’s Business International

Corporation (BIC) to conduct war against the fundamental interests of the

posterity of the United States, but all knew beyond a shadow of a doubt where

Barry Soetoro was born and that neither parent was an American Citizen; and

3 http://www.cnn.com/2011/WORLD/europe/03/21/russia.leaders.libya/index.html

8

STASI Legend for Barry Soetoro was for Barack Hussein Obama Sr.

that Zbigniew Brzezinski knew the usurpation was done with the use of the

specialized transcontinental legends of Stasi spymaster General Marcus Wolf

working for spymaster George H.W. Bush, the DVD Obermeister Fuhrer, since

22 November 1963 uses every effort in coordination with Operation Gladio /

Algerian Secret Army Organization (OAS) / Carlos “the Jackel” tension/release

networks in Europe and the Western Hemisphere, and beyond just Propaganda

Duo (P-2), Red Brigades, Baader Meinhof, Irish Republican Army here includes

the Weather Underground, Socialist Workers Party / Communist Party USA /

Progressive Labor Party and designed spin-offs now related to the so-called

Environmental Movement, with gang / counter-gang terrorist organizations that

mirror the long established MS-13, that like La Raza and the Atzlan Movement

were started by the GRU for the Abwehr /DVD in Mexico by Leon Trotsky before

his death for operating freely across the USA national border; and I contend all are

associated with the Le Cercle directors that include Frank Wisner and Zbigniew

Brzezinski operating with the Correa Group of Frankfurt West Germany

previously under the Allen and John Dulles brothers and the General Operations

Group 2 (GO2) in London and with the General Reinhart Gehlen Organization, as

previously directed by DVD over boss Dwight Eisenhower until 1963.

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Brzezinski family members use every opportunity for manufacturing war with

Russia, use the usurper accordingly along with the DVD’s McCain lose cannon.

The First Amendment is not for use in the commission of treason

That based upon the foregoing not to belabor the point, Appellant replies in

oppositional wonderment to Mr. Beil’s statement on page 12 that quote:

“The Brzezinski Defendants did nothing to invite Plaintiffs ongoing legal assault other than exercise their First Amendment rights of speech and association.”

There is no right of speech to scream fire and lie in the commission of treason.

No sanction in either Federal or State Court regarding POTUS Eligibility

Further, based upon the foregoing, Appellant replies in opposition to Mr. Beil’s

support of the Organizational Stalker Arthur M. Schack who also cherry picks

various cases for which I have been involved with since 1996 ONLY lists some of

them, and does so without listing any of his own that I suspect list in the hundreds.

Mr. Beil fails to mention several state cases and remarkably fails to mention the

Case filed March 20, 2007, Jah Thomas, Basil Guilavigui and Christopher Earl

Strunk v the Federal Reserve Bank of New York et al USDC EDNY 2007cv01171

(ARR) (5) therein challenging the harm caused by the use of the sub-prime

Thomas et al v. Federal Reserve Bank of New York, Lewis A. Watkins, Bedford-Stuyvesant Restoration Corp., City of New York, NYC Department of Housing Preservation and Development, Brooklyn Community Board #3, Elizabeth A. Rodriguez, Rockefeller Foundation,

11

mortgage scam setup by then HUD Secretary Andrew Cuomo being the DVD

agent Attorney General of New York abetting the 2008 collapse of mortgages

benefiting offshore accounts of Deutsche Bank’s Millennium Group Medium Term

Note private trading program entities leading to the questionable bailout of General

Motors (whose previous assistant General Counsel was Allyne R. Ross) etcetera.

That as part of my contract for which I was hired in 2005 to study the theft of more

than Ten Million Dollars from the ex wife of the Director of the Culinary Institute

of America and to attempt to recover the funds, I studied the fraud conducted by

the New York Province for the Society of Jesus in Dutchess County in its purchase

of zoning changes and associated vote fixing arranged by attorney Thomas Spargo

for the Galleria Malls organization, and

Further, the process that lead to the purchase and control of New York State

and Federal judges associated with the 700 or so acres of prime real estate in

Dutchess county that required the finagling use of Hudson River water for other

than fire fighting, and required the $750,000 straw man purchase by the ex-wife’s

Jesuit co-adjutor Husband for parlaying the zoning changes and a development

Goldman Sachs Urban Fund, Richard Roberts, Forest City Ratner,, Bruce Ratner, United States Housing and Urban Development, Andrew Cuomo, Brooklyn Chamber of Commerce, Marty Markowitz, Albany Decatur Redevelopment Company, Colvin Grannum, Central Brooklyn Partnership, Mark Winston Griffith, Boylan F. Boylan, Annette Robinson, Albert Vann and Edolphus Towns

12

based upon use of Hudson River Water be turned into a 5 billion dollar

development with French Investment; and

Further, as part of my challenge I requested that the CIA provide the files on

Fr. Pierre Teilhard de Chardin SJ (buried at the Culinary Institute), the father of the

New Age Movement, “Peking Man” and facilitator of Mao Zedong to power in

1949, who along with his agents in US Naval Office of Naval Intelligence

transferred tons of gold from China from no less than 1935 forward and having

died in 1955 and dead for fifty-two years as a foreigner with French citizenship, I

did my FOIA request nd wanted to know what records the CIA have on De

Chardin, and in response the CIA stated it could neither admit nor deny any

knowledge of any files, and after the standard appeal on such the CIA invited me

in writing to sue them in USDC, and

Further with written permission, I filed the case Strunk v United States

Central Intelligence Agency (CIA), Scott Koch, United States Department of State

(DOS), Condoleezza Rice, United States Department of Homeland Security

(DHS), Michael Chertoff, United States Department of Justice (DOJ), Michael

Mukasey, New York Province of the Society of Jesus and Fr. Gerald Chojnacki, SJ

USDC EDNY 07cv1196 (ARR) (6) , that to say the least Judge Ross with the CIA

written invitation had to take the case; however, after much thrashing about Judge

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Ross stated that the CIA was acting in good faith dismissed the case and as to other

defendants, and that ever since no information has ever been received other than

the blowback caused by the new age devotee Judge Ross -- my sworn opponent.

As part of the case Loeber et al v Spargo et al USDC NDNY 04-cv-1194 before

Lawrence E, Kahn, the corrupt state judge having been involved with Thomas

Spargo in fixing zoning in Dutchess county effecting the ex-wife of the Director of

the Culinary Institute of America (7) , was filed and ended up before the very same

corrupt State Judge who had fixed the zoning and real property taking for the

Jesuits and was rewarded by appointment to the Federal bench despite open

opposition by the bar association.

There are other important cases that Mr. Beil failed to mention among many

includes my work with the Arbor Hill Concerned Citizens Neighborhood Assn v.

County of Albany USDC NDNY before Chief Judge Mordue, Kuntz v the New

York Commission on Judicial Conduct and state election law cases that also went

to federal court such as the New York Independence Party v NYS BOE case USDC

SDNY before Jed Rakoff among others not raised by Mr. Beil, in 2011 (the so-

called Dragon Family Case associated with the De Chardin gold transfers now

under CIA direction) Keenan v Dal Bosco et al 11 cv 8500 in USDC SDNY before

Judge Jessie M. Ferman (8) , among multiple cases in USDC District of Columbia in

8

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regards to the FOIA to the US Department of Agriculture for subsidy information

on farms in New York withheld on the basis of nationals security among other

cases on the Census and Logan Act. Yes I have been busy as it is my duty and right

under the First Amendment to find out what my government is doing in my name.

That were Plaintiff / Appellant on the merits found not to be quote “fanciful,

fantastic, delusional, irrational and baseless claims about defendants is frivolous

then, now or in the future as Plaintiff was adjudged by Arthur M. Schack JSC at

the Trial court level with Kings County Index no: 6500-2011 on April 11, 2012, 29

March 2013 and again reaffirmed 9 December 2013 then this Court must reverse

the outrageous decisions and return this matter to trial court with a new unbiased

Justice for further litigation, for this matter is not going away anytime soon; and

notwithstanding whether New York regards treason and sedition per se as do other

states of the several states, is a sacred Federal obligation of duty.

Arguments in support of remand to Part 43 instead of Part 27

Let me be quite clear to this court, the Brzezinski Defendants for both

ideological and personal self-interest quid pro quo reasons promoted both

Manchurian candidates John Sidney McCain III born outside of the United States

who was naturalized at the DOS when his parents rotated back from their tour of

Further, that Zbigniew Brzezinski knew and used the fact of Mr. Obama’s

membership of the Muslim Brotherhood International and

Further, that Zbigniew Brzezinski knew and used the fact of Mr. Obama’s

membership in the Islamic SUBUD Cult through his training in Indonesia and

Further, that Zbigniew Brzezinski knew and used the fact of Mr. Obama’s

glaringly practice to provide the basis for collaboration with his fellow Islamist

Muslim Brother Fethullah Gülen of Turkey (living in the Pennsylvania Poconos),

whose members are afforded carte blanch entry and employment in the White

House since 2009 (thanks to Fr. Thomas Michel SJ); and

Further, that Zbigniew Brzezinski knew and used the fact of Mr. Obama’s

practice with these Muslim Brothers use of Jihadist principles of “Sword, word,

pen and donation” a malicious practice of al Takia for enemy deception mandated

by the Koran, to the end of establishing the global Caliphate, and

Further, that Zbigniew Brzezinski knew and used the fact of Mr. Obama’s

every act to imperil the USA – British Special Relationship is to reverse the efforts

of Winston Churchill and Thomas Edward Lawrence who having defeated the

Kaiser’s Ottoman Caliphate ally redrew Mideast borders in 1921, and

Further, that Zbigniew Brzezinski knew and used the fact of Mr. Obama’s

intent to banish Churchill’s Bust from the White House,

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Further, that Zbigniew Brzezinski knew and used the fact of Mr. Obama’s

intent that in June 2009 would order reinstatement of the Egyptian Muslim

Brotherhood terrorist organization (banned since the murder of Anwar Sadat); and

Further, that Zbigniew Brzezinski knew and used the fact of Mr. Obama’s

usurpation that together with DVD agents Biden, Soros, Peterson, Pritzker, Pelosi,

and third generation Abwehr /DVD agent John S. McCain III; and ALL in

promotion of his thirty year effort to spread the Arc of Crisis as a member of the

Global Crisis Group that the DVD efforts would presently act to overthrow the

USA secular allies in Africa and Mideast nations, and

Further, that Zbigniew Brzezinski knew and used the fact of Mr. Obama’s

collaboration with the sinister malice of fellow Jihadist John O. Brennan who

according to retired FBI Agent John Guandola confirmed (10) that Fordham Jesuit

trained coadjutor John Owen Brennan, from 1996 through 1999 while the CIA

10 “Mr. Brennan did convert to Islam when he served in an official capacity on the behalf of the United States in Saudi Arabia,” Guandolo told interviewer and radio host Tom Trento. Guandolo, who retired from the FBI in 2008, told the United States Trento Radio Show Brennan without a doubt converted to Islam in Saudi Arabia and visited Mecca and Medina during the hajj season along with Saudi officials. He went on to say that these Saudi officials may have been that catalyst to Brennan’s conversion. “That fact alone is not what is most disturbing,” Guandolo continued. “His conversion to Islam was the culmination of a counterintelligence operation against him to recruit him. The fact that foreign intelligence service operatives recruited Mr. Brennan when he was in a very sensitive and senior U.S. government position in a foreign country means that he either a traitor … [or] he has the inability to discern and understand how to walk in those kinds of environments, which makes him completely unfit to be the director of Central Intelligence.” - See more at: http://www.opposingviews.com/i/religion/islam/did-john-brennan-convert-islam-

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along with the posterity of the sovereign people of the United States of America

for whom this Executor represents as a public officer, and who has been

outrageously harmed by this most massive fraud in our 230 year history bar none.

That based upon the record subpoenaed and delivered to the Clerk of this

Court as a record associated with matters of elections law with willful fraud

perpetrated upon Plaintiff, and heretofore, there has not been any legal relief or

remedy for Plaintiff or anyone else in the Country either in Federal or State

jurisdiction in the matter of the usurpation of the Office of POTUS, that this is a

matter of grave national security involving high crimes outrageously ignored by

Federal / State judges and State authorities despite notice of misprision of treason.

That Appellant wishes pure equity remedy herein pursuant to the Bill of

Particulars expressed in the 13-6335 Brief that would include sealing this case and

issuing subpoenas and testimony for a broad solution decree under the maxims of

equity and Appellant wishes further and different relief this Panel deems necessary

for complete justice including affording oral argument and sur-reply.

I have read the foregoing Reply Brief for Appeal 2013-06335; the same is

true to my own knowledge, except as to the matters therein stated to be alleged on

information and belief, and as to those matters I believe it to be true. The grounds

of my beliefs as to all matters not stated upon information and belief are as

follows: 3 rd parties, books and records, and personal knowledge.

20

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND DEPARTMENT

---------------------------------------------------------------------------x Appeal Index No.: 2013-06335

Christopher-Earl: Strunk in esse,

COUNTY OF KINGS

-against-

Plaintiff,

AFFIDAVIT OF SERVICE

NEW YORK STATE BOARD OF ELECTIONS et al.,

Defendants.

-------------------------------------------------------------------------x

STATE OF NEW YORK

)

) ss.

COUNTY OF KINGS

)

Accordingly, I,

, being duly sworn, depose and say under penalty of perjury:

a. Am over 18 years of age and not a party to this action.

b. My place of business is located at

c. On August 8, 2014, Christopher Strunk instructed me to serve two (2) true conformed copies of the Appellant’s REPLY TO THE BRIEF FOR DEFENDANTS-RESPONDENTS ZBIGNIEW KAIMIERZ BRZEZINSKI, MARK BRZEZINSKI and IAN J. BRZEZINSKI for Appeal Case 2013-06335 affirmed August 7, 2014 for the appeal from case Strunk v NYS BOE et al. NYS County of Kings Supreme Court with index 6500-2011, by USPS service upon Appellees’ Counsels.

d. On August 8, 2014, I caused each set of copies with proper postage for service by regular mail of listed counsels and going to the post office where each envelope was deposited with the USPS for service upon:

Erica Burke, Esq. of SIMPSON THACHER & BARTLETT LLP

425 Lexington Avenue New York. New York 10017-3954

RITA C. TOBIN, Esq. of CAPLIN & DRYSDALE, CHARTERED

375 Park Avenue 35th Floor New York. New York 10152-3500

HARRIS BEACH, PLLC By THOMAS J. GARRY, Esq. The OMNI 333 Earle Ovington Blvd., Suite 901 Uniondale, New York 11553

JAMES C. DUGAN Esq. of WILLKIE FARR & GALLAGHER LLP

787 Seventh Avenue New York, N.Y. 10019-6099

MARSHAL BEIL, Esq. of McGUIRWOODS LLP 1345 Avenue of Americas, 7th Floor New York, New York 10105

WILEY REIN LLP - TODD A. BROMBERG ESQ. , JAN WITHOLD BARAN ESQ. and THOMAS W. KIRBY ESQ. 1776K Street, NW Washington D.C. 20006

RABINOWITZ, BOUDIN, STANDARD, KRINSKY & LIEBERMAN, PC – Christopher J. Latell Esq. and Daniel S. Reich Esq. 45 Broadway, Suite 1700 New York, New York 10006-3791

ERIC T. SCHNEIDERMAN Attorney General of NYS by: CLAUDE PLATTON, Esq. AAG Assist Attorney General Special Litigation Counsel Litigation Bureau 120 BROADWAY – 24th Floor New York, New York 10271-0332

MICHAEL CARDOZO Corporation Counsel of City of New York By: CHLARENS ORSLAND, Esq. Assistant Corporation Counsel New York City Law Department 100 Church Street New York, New York 10007

Affirmed to before me

This

day of August 2014

Notary Public

Plaintiff / Appellant

Christopher-Earl: Strunk in esse Appellant self-represented w/o attorney 593 Vanderbilt Avenue #281 Brooklyn, New York 11238 Ph. 845-901-6767 Email: chris@strunk.ws

Defendants / Respondents

ERIC T. SCHNEIDERMAN Attorney General of NYS by: CLAUDE PLATTON, Esq. AAG Assistant Attorney General 120 BROADWAY – 25th Floor New York, New York 10271-0332 Telephone (212) 416-8020

Representing: NEW YORK STATE BOARD OF ELECTIONS:

JAMES A. WALSH, DOUGLAS A. KELLNER, Co-Chairs EVELYN J. AQUILA / Commissioner, GREGORY P. PETERSON / Commissioner, Deputy Director TODD D. VALENTINE, Deputy Director STANLEY ZALEN; ANDREW CUOMO, ERIC SCHNEIDERMAN, THOMAS P. DINAPOLI, RUTH NOEMÍ COLÓN, in their Official and individual capacity; DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK; STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE; THE NEW YORK STATE REPUBLICAN STATE COMMITTEE; THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY; STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE;

Todd E. Phillips, Esq. of CAPLIN & DRYSDALE, CHARTERED One Thomas Circle, N.W., Suite 1100, Washington, DC 20005 Telephone:

Representing:

JOHN SIDNEY MCCAIN III; MCCAIN VICTORY 2008; MCCAIN-PALIN VICTORY 2008;

i

THOMAS J. GARRY, Esq. of HARRIS BEACH, PLLC The OMNI 333 Earle Ovington Blvd., Suite 901 Uniondale, New York 11553 Telephone:

Representing:

JOSEPH R. BIDEN, JR.; SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama II, a.k.a. Steve Dunham); NANCY PELOSI; PENNY S. PRITZKER; OBAMA FOR AMERICA; OBAMA VICTORY FUND

JAMES C. DUGAN Esq. of WILLKIE FARR & GALLAGHER LLP 787 Seventh Avenue New York, N.Y. 10019-6099 Telephone:

Representing: GEORGE SOROS;

MARSHAL BELL, Esq. of McGUIRE WOODS LLP 1345 Avenue of Americas, 7th Floor New York, New York 10105 Telephone:

Representing: ZBIGNIEW KAIMIERZ BRZEZINSKI; MARK BRZEZINSKI; IAN J. BRZEZINSKI;

TODD A. BROMBERG ESQ. of WILEY REIN LLP - 1776K Street, NW Washington D.C. 20006 Telephone:

Representing: JOHN A. BOEHNER;

ii

Christopher J. Latell Esq. and Daniel S. Reich Esq. of RABINOWITZ, BOUDIN, STANDARD, KRINSKY & LIEBERMAN, PC – 45 Broadway, Suite 1700 New York, New York 10006-3791 Telephone:

Representing: RÓGER CALERO; THE SOCIALIST WORKERS PARTY

Erica Burke, Esq. of SIMPSON THACHER & BARTLETT LLP 425 Lexington Avenue New York. New York 10017-3954 Telephone:

Representing: PETER G. PETERSON

MICHAEL CARDOZO Corporation Counsel of City of New York By: CHLARENS ORSLAND, Esq. Assistant Corporation Counsel New York City Law Department 100 Church Street New York, New York 10007 Telephone: (212) 788-0904

Representing: Fr. JOSEPH A. O'HARE, S.J.; Fr. JOSEPH P. PARKES, S.J.; FREDERICK A.O. SCHWARZ, JR.;

iii

APPELLANT BRIEF

TABLE OF CONTENTS

Parties…………………………………………………………………… ……….i

Table of Authorities………………………………………………………………vi

Introduction……………………………………………………………………… 2

Statement of the Case on Appeal…………………………

……… ……………3

Judicial Notices in regards to the Status of Appellant

First Judicial Notice: (A) that there is a pending decision herein on the

notice of motion filed with this court with a return date of April 25, 2014 for

enlargement of time (B) that there are active related cases before the

Honorable David I Schmidt in Kings Count Supreme with Index Nos:

29642-2008 and 21948-2012……………………………………… …….4

Second Judicial Notice: that the trial for 29642-2008 and 21948-2012 will

prove fraud in the use of forged documents for Barack Hussein Obama II to

gain ballot access to USURP the Office of POTUS in both the 2008 and

2012 elections cycles as an act of treason and misprision of treason………4

Third Judicial Notice: that on April 29, 2014 at 1:20PM the Clerk of

Superior Court of Georgia for the County of Lamar recorded the notice of

acceptance of appointment of Christopher Earl Strunk as the Executor /

iv

Settlor of The Express Deed in Trust to The United States of America in

BPA BOOK 32 PAGES 716 thru 754…………………………………… 5

The Definition of “natural-born Citizen” did not derive from the term natural-born

Subject”………………………………………………………………………… 6

Bill of Particular Allegations for pure Equity Relief……………………………12

Conclusion in support of Relief…………………………………………………19

Appellant state regarding compliance with Appellate rules……… …………

20

Appellant Jurat………………………………………………………………… 20

APPELLANT’S COMBINED 36 page APPEAL APPENDIX after Brief Jurat

That the original record of the case 6500-2011 associated with the ORDERs of

April 11, 2012, March 29, 2013 and December 9, 2013 were subpoenaed and were

delivered to the Clerk of the Appellate Court for the Second Judicial Department

APPELLANT’S COMBINED 36 page APPEAL APPENDIX

In addition to the original record on appeal with the Clerk of the Court The

Abbreviated APPENDIX is annexed herewith that includes:

The Notice of Appeal from the Order of March 29, 2013,…………….Apx 1

The statement for appeal ……………………………………………

Apx

3

Defendant Notice of Entry……………………………………………

Apx

7

The Order of March 29, 2013………………………………………….Apx 9

Plaintiff service of Notice of Appeal………………………………….Apx 36

v

Cases

Table of Authorities

Pages

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

8

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

9

Brown v Bernstein, DCPA 49 F. Supp 728 732

6

Federal Statutes

18

U.S. Code § 2381 – Treason

5

18

U.S. Code § 2382 - Misprision of treason

5

12

USC 95a and 50 USC App. 5(b)

6,7

United States Constitution

3,6, 9,

Article 2 Section 1 Clause 5

12

14th Amendment

14

Other sources

The Law of Nations, Section 212 (London 1797)

9

A

Proposal For Printing in English, The Select Orations of Marcus Tullius

Cicero according to the last Oxford Edition 17 (Henry Eelbeck trans. London 1720).

9

“Politics, Book Three, Part II, Aristotle, writing in 350 B.C.E., as translated by Benjamin Jowett,

7

J.S. Reeves, The Influence of the Law of Nature Upon International Law

in

the United States, 3 Am.J. Int’l L. 547 et. seq. passim (1909)

10

Lee A. Casey, David B. Rivkin, Jr. and Darin R. Bartram, Unlawful Belligerency and Its Implications Under International Law,

10

R.G. Natelson, The Original Constitution 49 and 69 (2010)

10

Related cases:

Strunk v Paterson et al. NYS Supt Ct. Kings County Index No.: 29642-08

2,4

- -------------------- ------------------ --------------------- --------x Christopher-Earl: Strunk , in esse -against-

- -------------------------------------------------------------------x

Christopher-Earl: Strunk, in esse

-against-

Plaintiff / Appellant,

APPEAL CASE

INDEX NO.:

NEW YORK STATE BOARD OF ELECTIONS;

JAMES A.WALSH / Co-Chair, DOUGLAS A. KELLNER / Co-Chair,

EVELYN J. AQUILA / Commissioner, GREGORY P. PETERSON / Commissioner, Deputy Director TODD D. VALENTINE, Deputy Director STANLEY ZALEN; ANDREW CUOMO, ERIC SCHNEIDERMAN, THOMAS P. DINAPOLI, RUTH NOEMÍ COLÓN, in their Official and individual capacity; Fr. JOSEPH A. O'HARE, S.J.; Fr. JOSEPH P. PARKES, S.J.; FREDERICK A.O. SCHWARZ, JR.; PETER G. PETERSON, ZBIGNIEW KAIMIERZ BRZEZINSKI; MARK BRZEZINSKI; JOSEPH R. BIDEN, JR.; SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama II, a.k.a. Steve Dunham); NANCY PELOSI; DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK; STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE; RÓGER CALERO; THE SOCIALIST WORKERS PARTY; IAN J. BRZEZINSKI; JOHN SIDNEY MCCAIN III; JOHN A. BOEHNER; THE NEW YORK STATE REPUBLICAN STATE COMMITTEE; THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY; STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE; PENNY S. PRITZKER; GEORGE SOROS; OBAMA FOR AMERICA; OBAMA VICTORY FUND; MCCAIN VICTORY 2008; MCCAIN-PALIN VICTORY 2008; John and Jane Does; and XYZ Entities.

2013-06335

Defendants / Respondents.

APPELLANT’S COMBINED APPEAL BRIEF AND APPENDIX

STATE OF NEW YORK

)

 

} ss:

COUNTY OF KINGS

)

Accordingly, I, Christopher-Earl: Strunk in esse Sui juris agent, being duly

sworn. depose and say:

Introduction

This is the Appellant’s Appeal Brief for Appeal 2013-6335 for consolidated

hearing together with Appeal 2012-5515 taken from the Order of April 11, 2012

filed June 20, 2013, and Appeal 2014-00297 taken from the Order of December 9,

2013 as against all defendants accompanies the record subpoenaed for each of the

Orders for use by the Court in deliberation.

That this Appellant’s Brief for the appeal 2013-6335 taken within 35

calendar days from the March 29, 2013 Order entered by McGuire Woods LLP on

April 18, 2013 counsel to Defendants ZBIGNIEW KAIMIERZ BRZEZINSKI,

MARK BRZEZINSKI and IAN J. BRZEZINSKI in the total money amount of

$75,600.00 for attorney fees and $2,446.74 for disbursements for a total of

$78,156.74 resulted from the alleged frivolous conduct of Plaintiff

CHRISTOPHER EARL STRUNK as would apply to all the Defendants (see the

annexed Order and Notice of Appeal with statement filed the court);

Brief for Appeal No.: 13-06335 – Page 2 of 20

Statement of the Case on Appeal

That were Plaintiff on the merits found not to be “Delusional, Fanciful and

Frivolous” as Plaintiff was adjudged by Arthur M. Schack JSC at the Trial court

level with Kings County Index no: 6500-2011 on April 11, 2012; and

That Plaintiff’ fraud challenge as to the New York States Board of Elections

et al is a result of the discovery of their willful misuse of United States

Constitution Article II Section 1 Clause 5 as to the merits of the eligibility

requirements for any candidate slate seeking ballot access and election to the office

of President and or Vice President of the United States (POTUS) along with each

of those entities or persons materially seeking to impose onto the New York State

ballot in 2008, 2012 and in 2016 as a continuing injury by state entities that despite

being warned of ineligibility in 2008 placed Barack Hussein Obama II aka Barry

Soetoro aka SOEBARKAH, aka Steve Dunham, aka Barry Allen Owens with

Joseph R. Biden as a slate, the John Sidney McCain and the Palin slate and the

Roger Calero slate unto the ballot at the 2008 Presidential election cycle; and

when all three Presidential candidates slates were and are never to be eligible as

“natural-born Citizens” of the United States, and that all persons acted with intent

of committing misprision of treason in the commission of willful fraud against the

beneficial interest of Plaintiff’s unalienable rights who along with voters have been

denied any remedy available under law; and as such requires pure equity relief

Brief for Appeal No.: 13-06335 – Page 3 of 20

under the maxims of equity here as it were a Bill of particulars for the Appellate

Panel and Court embanc to issue a decree for equity relief. In that the need for a

decree by reason of the lack of POTUS eligibility defines the very existence of the

Court in matter of such magnitude that has never been a more important case

involving grave national security with such constellation of parties now

represented by the nine attorneys is quite unlike any prior time in case history.

Judicial Notices in regards to the Status of Appellant

Please take Judicial Notice that there is a pending decision herein on the

notice of motion filed with this court with a return date of April 25, 2014 for

enlargement of time herein to file this and the accompanying brief for the 2013-

6335 and 2014-00297 to be done after the trial for two (2) related electoral college

cases with Index Nos: 29642-2008 and 21948-2012 still before the Honorable

David I. Schmidt with motions taken on submission on 28 March 2014 awaiting

resolution for a consolidated trial for each schedule for June 18, 2014 with a pre

trial conference scheduled June 13, 2014.

Please Take Further Judicial Notice that the trial will prove fraud in the use

of forged documents for Barack Hussein Obama II to gain ballot access to USURP

the Office of POTUS in both the 2008 and 2012 elections cycles as an act of

Brief for Appeal No.: 13-06335 – Page 4 of 20

treason and misprision of treason at the state and or federal level is Judicial Notice

that carries personal liability for this Court according to Federal statutes quote:

18 U.S. Code § 2381 – Treason

Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

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. (emphasis by Appellate)

Please Take Further Judicial Notice that on April 29, 2014 at 1:20PM the Clerk of

Superior Court of Georgia for the County of Lamar recorded the notice of

acceptance of appointment of Christopher Earl Strunk as the Executor / Settlor of

The Express Deed in Trust to The United States of America in BPA BOOK 32

PAGES 716 thru 754; and that the acceptance by Christopher Earl Strunk in esse

Sui juris private citizen of the United States the secured beneficiary agent of the

Debtor Trust transmitting utility ™CHRISTOPHER EARL STRUNK©, is

appointed to perform the public duties of Executor and Settlor for the Express

Deed In Trust To The United States Of America With Beneficiary Discretion For

Brief for Appeal No.: 13-06335 – Page 5 of 20

Private Citizens Of The United States Who Are True Natural-Born Citizens Under

The United States Constitution Article 2 Section 1 Clause 5 And Not Surety-

Indentures For Their Respective Debtor Trust Entity Under 12 USC 95a and 50

USC App. 5(b) Martial Government with a Continuing National Emergency

(Express Deed in Trust) responsible for the beneficial claim by its Beneficiaries,

with Settlor duty to the Express Deed in Trust shall guarantee that all incumbents

and future candidate(s) for the Office of President or Vice President of the United

States (POTUS) shall be a bonafide Natural-Born Citizen (NBC) private citizen of

the United States agent who is surety no more to the Debtor Trust Entity in

compliance with the United States Constitution Article 2 Section 1 Clause 5, either

under 12 USC 95 and 50 USC App. 5(b) with the Military Government authority

of renewed annual National Emergency or otherwise; and with the understanding

that in regards to what is a “National Emergency”, Black’s Law 5 th Edition cites

Brown v Bernstein, DCPA 49 F. Supp 728 732 that the United States Congress has

not made a distinction between a state of war and a state of national emergency.

The Definition of “natural-born Citizen” did not derive from the term

“natural-born Subject”

That Settlor’s duty as a public officer is to enforce through the Express Deed

in Trust the actual definition of the Natural-born Citizen clause, that as stated in the

Brief for Appeal No.: 13-06335 – Page 6 of 20

Appellant’s Brief filed with the Court on June 20, 2013 for Appeal case 2012-

5515, the definition does not derive from the term of art “natural-born Subject”,

but instead was derived from ancient consideration of GOD’s Natural Law as

expressed in Greece by the works of Aristotle and carried forward for use in

Roman law by the works of Cicero.

Aristotle did not define citizenship like the English did in the English

common law in which they did not give any relevancy to the citizenship of the

child’s parents, provided the parents were not diplomats or military invaders.

Aristotle included in the definition of a “citizen” a person “of whom both the

parents are citizens.” (1) It is this definition which was handed down through the

1 Aristotle also gave us a definition of a “natural born Citizen.” In “Politics, Book Three, Part II, Aristotle, writing in 350 B.C.E., as translated by Benjamin Jowett, gave us his definition of citizenship:

“Part II

But in practice a citizen is defined to be one of whom both the parents are citizens; others insist on going further back; say to two or three or more ancestors. This is a short and practical definition but there are some who raise the further question: How this third or fourth ancestor came to be a citizen? Gorgias of Leontini, partly because he was in a difficulty, partly in irony, said- 'Mortars are what is made by the mortar-makers, and the citizens of Larissa are those who are made by the magistrates; for it is their trade to make Larissaeans.' Yet the question is really simple, for, if according to the definition just given they shared in the government, they were citizens. This is a better definition than the other. For the words, 'born of a father or mother who is a citizen,' cannot possibly apply to the first inhabitants or founders of a state.

There is a greater difficulty in the case of those who have been made citizens after a revolution, as by Cleisthenes at Athens after the expulsion of the tyrants, for he enrolled in tribes many metics, both strangers and slaves. The doubt in these cases is, not who is, but whether he who is ought to be a citizen; and there will still be a furthering the state, whether a certain act is or is not an act of the state; for what ought not to be is what is false. Now, there are some who hold office, and yet ought not to hold office, whom we describe as ruling, but ruling unjustly. And the citizen was defined by the fact of his

Brief for Appeal No.: 13-06335 – Page 7 of 20

millennia through the law of nations and which the Founders and Framers adopted

for the new republic. We also see that the then Supreme Court of the United States

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

(decided after the Fourteenth Amendment was adopted in 1868) held that "all

children born in a country of parents who were its citizens became themselves,

upon their birth, citizens also. These were natives or natural-born citizens, as

distinguished from aliens or foreigners" informed that a person who became a

citizen by being born in the country to “citizen” parents was known in common

law with which the Framers were familiar as a “natural-born citizen.” How do we

know that the Founders and Framers looked to Aristotle’s view of citizenship? We

learn from the historical record that Supreme Court Justice James Wilson wrote in

1791: “‘Generally speaking,’ says the great political authority, Aristotle, ‘a citizen

is one partaking equally of power and of subordination.’ … In Wilson's view, "a

citizen of Pennsylvania is he, who has resided in the state two years; and, within

that time, has paid a state or county tax: or he is between the ages of twenty one

and twenty two years, and the son of a citizen.” James Wilson, 1st commentaries

on the Constitution. Here we clearly see Wilson referring to what could only be a

natural born Citizen” as "the son of a citizen."

holding some kind of rule or office- he who holds a judicial or legislative office fulfills our definition of a citizen. It is evident, therefore, that the citizens about whom the doubt has arisen must be called citizens.” …http://classics.mit.edu/Aristotle/politics.html .

Brief for Appeal No.: 13-06335 – Page 8 of 20

We also know that the Founders and Framers studied Roman law. The

Framers were well read in the Roman and Greek classics as is expounded upon in

their writings in the Federalist Papers. Jefferson and other Founders had a love for

Roman history and education. The Founders and Framers were great admirers of

Cicero and read many of his works. It is not inconceivable that they would have

read this English translation of The Proposal (2) and seen the clause “natural born

Citizen.” This shows that they did not need to borrow the clause from English

common law’s “natural born subject.” Rather, they had sources that they read

which contained the exact clause, “natural born Citizen,” which clause also had its

own meaning which was different from that of an English “natural born subject

which allowed children born in the King’s dominion and under his allegiance to

aliens to be English “natural born subjects.”

A definition of a “natural born Citizen” was also provided by the world-

renowned, Emer de Vattel in his The Law of Nations, Section 212 (London 1797)

2 Roman law provided: “Lex MENSIA, That a child should be held as a foreigner, if either of the parents was so. But if both parents were Romans and married, children always obtained the rank of the father, (patrem sequuntur liberi, Liv. iv. 4.) and if unmarried, of the mother, Uipian.” Alexander Adam, Roman antiquities: or, An account of the manners and customs of the Romans 210 (6th ed. corrected 1807). Cicero wrote in A Proposal:

“The Colophonians claim Homer as their own free Denizen, the Chians challenge him as theirs, the Salaminians demand him again for their own, but the Smyrneans assert him to be their natural born Citizen; and therefore have also dedicated a Temple to him in their Town of Smyrna. There are a great many besides at Daggers-drawing among themselves, and contend for him.”

A Proposal For Printing in English, The Select Orations of Marcus Tullius Cicero, According to the last Oxford Edition 17 (Henry Eelbeck trans. London 1720).

Brief for Appeal No.: 13-06335 – Page 9 of 20

(1st ed. Neuchatel 1758). Vattel had a great influence on the Founders and Framers

in their constituting the new republic and writing the Constitution. See, for

example, J.S. Reeves, The Influence of the Law of Nature Upon International Law

in the United States, 3 Am.J. Int’l L. 547 et. seq. passim (1909) (Vattel exerted

such a profound political influence that it is often pointed out that his theories

served as the backbone for American independence) Lee A. Casey, David B.

Rivkin, Jr. and Darin R. Bartram, Unlawful Belligerency and Its Implications

Under International Law, (3) (concerning U.S. constitutional analysis, “Vattel is

highly important. He was probably the international law expert most widely read

among the Framers”). In fact, Vattel continued to be practically applied in our

nation for well over 100 years after the birth of the republic; F.S. Ruddy, The

Acceptance of Vattel, Grotian Society Papers (1972) (Vattel was mainstream

political philosophy during the writing of the Constitution. The Law of Nations was

significantly the most cited legal source in America jurisprudence between 1789

and 1820). The Founders and Framers studied and were greatly influenced by

Vattel. R.G. Natelson, The Original Constitution 49 and 69 (2010) (“Vattel was

probably the Founders’ favorite authority on international law

.” and his,

treatise, The Law of Nations, was their favorite).

What Minor said about a “natural born Citizen” was confirmed in U.S. v.

Brief for Appeal No.: 13-06335 – Page 10 of 20

Wong Kim Ark, 169 U.S. 649 (1898) (acknowledging and confirming Minor’s

American common law definition of a “natural-born citizen” but adding based on

the English common law that since “‘[t]he child of an alien, if born in the country,

is as much a citizen as the natural-born child of a citizen, and by operation of the

same principle [birth in the country]’” (bracketed information supplied), a child

born in the United States to domiciled alien parents was a Fourteenth Amendment

citizen of the United States”). This American common law definition of a “natural

born Citizen” has never been changed, not even by the Fourteenth Amendment

(only uses the clause "citizen of the United States" and does not mention "natural

born Citizen") or by Wong Kim Ark, and therefore still prevails today. Both those

U.S. Supreme Court cases define a "natural born Citizen" as a child born in a

country to parents who are citizens of that country.

That for the reasons expressed above, notwithstanding whether a natural

person is born within a State of the United States of married citizen parents or of a

single US Citizen parent, the Executor and Beneficiaries of the Express Deed In

Trust To The United States Of America are of a singular class separate and apart

from those who are either naturalized or born a citizen, and are unable to certify as

eligible for Office of POTUS one of the conquered people of the United States of

America since 4 March 1933 as long as any dejure citizen of the United States

remains the surety-indenture for the Debtor trust with beneficial interest in the

Brief for Appeal No.: 13-06335 – Page 11 of 20

surety, for that natural person is the property of the United States and is a slave

unable to fulfill the duties of POTUS.

Therefore, the Executor/Settlor and Beneficiaries are bound by their

registered status as private citizens of the United States with their bonafide status

as a natural-born Citizen within the duties and obligations of the Express Deed in

Trust to only certify a candidate is eligible based upon the foregoing and shall seek

equity relief of a chancery or of pure equity court for relief against any person who

is a USURPER or attempts to USURP the POTUS to the contrary.

Bill of Particular Allegations for pure Equity Relief

1. That Barack Hussein Obama II admits that he was born in Kenya in his

Autobiography of 1996.

2. That John Sidney McCain admits he was born in Panama during the assignment

of his married US Citizen Parents stationed in the Panama Canal Zone.

3. That Roger Calero was born in Nicaragua to parents who were not US Citizens.

4. That Barack Hussein Obama Senior is the natural and legal father of Barack

Hussein Obama II.

5. That there are no genuine official birth records known to exist regarding Barack

Hussein Obama Senior and or Junior in the British National Archives.

Brief for Appeal No.: 13-06335 – Page 12 of 20

6.

That Barack Hussein Obama Senior was the son of a member of the Mau Mau

terrorist movement in the Sultanate of Zanzibar and British Protectorate.

7. That Barack Hussein Obama Senior was an important asset of the Mau Mau

movement being followed by Intelligence agencies.

8. That Intelligence agencies following Barack Hussein Obama Senior confirmed

that he had an unmarried paramour and who when he impregnated in 1959 bore

his son Barack Hussein Obama II

9. That the natural mother of Barack Hussein Obama II is not an American Citizen

nor was she married to Barack Hussein Obama Sr.

10.That Madeline Payne Dunham was an asset of German Intelligence before.

during and after World War II.

11.That Stanley Dunham and Madeline Dunham worked with the Central

Intelligence agency after the War.

12.That the CIA considered Barack Hussein Obama Senior an essential lead to

networks associated with the Mau Mau Movement in the USA and employed

Stanley and Madeline Dunham in creating a legend for Barack Hussein Obama

II in order to facilitate Barack Hussein Obama Senior’s ease of entry and

movement in the USA.

Brief for Appeal No.: 13-06335 – Page 13 of 20

13.That a person born as a “native” of a tribe and or non-European in Kenya and or

the Coastal Protectorate were not recorded as born in records kept at the British

Home Office.

14.That the natural mother of Barack Hussein Obama II is not Stanley Ann

Dunham.

15.That the natural mother of Barack Hussein Obama II is an Indonesian citizen.

16.That Barack Hussein Obama II was born on or about August 4, 1960 not on or

about August 4, 1961.

17.That Barack Hussein Obama II was born a subject of the Sultanate of Zanzibar

not a British Subject.

18.That Barack Hussein Obama II entered by commercial Air carrier from Kenya

during the month of August 1961 in the custody of a woman according to U.S.

Customs entry records and statistics.

19.That Stanley Ann Dunham is the woman who married Barack Hussein Obama

Senior in Hawaii in February 1961

20.That neither Stanley Ann Obama or Stanley Ann Soetoro had a passport before

1965.

21.That Barack Hussein Obama II lived with Stanley Ann Obama in Seattle

starting in August 1961 where she was enrolled as a student and attended

classes at the University of Washington.

Brief for Appeal No.: 13-06335 – Page 14 of 20

22.That a next door neighbor to Stanley Ann Dunham when interviewed confirmed

Stanley Ann Dunham (Obama) was caring for a black child who was definitely

not a new born in August 1961.

23.That a person filed a Newspaper Notice in a Hawaiian newspaper announcing

the birth of Barack Hussein Obama II to Barack Hussein and Stanley Ann

Obama on August 4, 1961.

24.That within the period from 1979 thru 1983 Barack Hussein Obama II aka

Barry Soetoro, aka Barry Allen Owens received foreign student assistance in

order to pay tuition for Columbia University and that the records of such are on

file with the New York State Department of Education and or its repository of

records.

25.That Barack Hussein Obama II in his sworn application to obtain a license to

practice law from the Illinois Bar stated that he had never gone by any other

name other than Barack Hussein Obama.

26.That Barack Hussein Obama II “voluntarily” gave up his license to practice law

in Illinois for no expressed reason, an act that was not even done by Bill Clinton

in Arkansas when found guilty of perjury.

27.That in 2008 and again in 2011, Barack Hussein Obama II proffered two (2)

forged documents alleged by him to be the actual copy of the actual “short” and

Brief for Appeal No.: 13-06335 – Page 15 of 20

then “Long” form Certificate of Live Birth (CoLB), proven by several

documents to be forged instruments.

28.That Barack Hussein Obama II proffered a forged Selective Service registration

form as if it were done in 1980, and proven by several document experts to be

forged instruments.

29.That Barack Hussein Obama II has no social security number under his entity

name, and it is alleged he is not a legally admitted US citizen or legal

documented immigrant able to obtain proper registration with the Social

Security Administration.

30.That Barack Hussein Obama II is using the Social Security number of a person

born in 1890 in Europe and who legally immigrated to the United States and

obtained social security registration in the State of Connecticut and when he

moved to Hawaii before he died without ever filing for benefits.

31.That Madeline Dunham was the Trust officer for the Bank of Hawaii, inter alia

with the duty to be in charge of accounts of those who had died intestate, and

that she obtained use of the social security number for Barack Hussein Obama

II.

32.That Madeline Dunham was the Trust Officer of the Bank of Hawaii for

investments in the Pacific rim by the Ford Foundation officiated by Thomas

Brief for Appeal No.: 13-06335 – Page 16 of 20

Geithner the father of Timothy Geithner the Treasury Secretary appointed under

Barack Hussein Obama II.

33.That Stanley Ann Dunham was employed by the Ford Foundation while

working as a “Micro Lending Program” agent for both the Ford Foundation and

the Bank of Hawaii in the Pacific rim.

34.That the woman in charge of the Hawaii Department of Health in charge of

birth certificates and records died in a plane crash in 2013.

35.That the woman in charge of the Hawaii Department of Health in charge of the

alleged “CoLB” for Barack Hussein Obama II was the Hawaiian leader of

branch of the Indonesian SUBUD cult.

36.That Barack Hussein Obama II is a member of the Indonesian SUBUD cult.

37.That there is a DNA test of the Indonesian Soetoro half-sister of Barack

Hussein Obama II, and that the results show that she has no DNA shared with

Barack Hussein Obama II through Stanley Ann Dunham / Obama / Soetoro.

38.That there is a DNA test of Barack Hussein Obama II done while he was a U.S.

Senator by use of a water /wine glass(es) obtained at a public event by persons

posing as waiters, and the results show that he has no DNA shared through

Stanley Ann Dunham or the Dunham Family at all.

39.That based upon the above allegations, Barack Hussein Obama II is not NBC,

and therefore not eligible to annually renew the National Emergencies as the

Brief for Appeal No.: 13-06335 – Page 17 of 20

commander-in-chief with executive authority over all defacto martial rule

Federal and State(s) courts.

40.That for the debtor entity person to be eligible to file income tax returns with

the Internal Revenue Service the named entity person must have a surety-

indenture obligated to pay the tax.

41.That when the debtor entity person does not have a surety-indenture to pay the

taxes calculated for the annual income tax return filed with the Internal

Revenue Service (IRS) the debtor entity is a “Non-taxpayer”.

42.That Barack Hussein Obama II, Joseph R. Biden, John Sidney McCain, Roger

Calero, John Boehner, Nancy Pelosi, Andrew Cuomo, signed the annual tax

return as surety-indenture for the debtor entity person filed with the Internal

Revenue Service.

43.That Barack Hussein Obama II, Joseph R. Biden, John Sidney McCain, Roger

Calero, John Boehner, Nancy Pelosi, Andrew Cuomo, remain the surety-

indenture for the Debtor entity person tax payer.

44.That none of the Defendants, especially Barack Hussein Obama II, Joseph R.

Biden, John Sidney McCain, Roger Calero, John Boehner, Nancy Pelosi,

Andrew Cuomo, have ceased to be the surety-indenture for their respective

Debtor Trust with beneficial interest in the living being having been wed as the

surety-indenture to the debtor entity person by operation of law when the name

Brief for Appeal No.: 13-06335 – Page 18 of 20

of the entity was registered after the natural birth or naturalization with the

respective State registrar, is thereafter treated as abandoned property of an

absentee person, by operation of the statutory scheme under 12 USC 95a and 50

USC App. 5(b), by the Alien Property Custodian (i.e. the United States

Secretary of the Treasury, the United States Attorney General, and other

agencies designated by the POTUS Commander-in-chief).

45.That the Debtor Trust transmitting utility ™CHRISTOPHER EARL

STRUNK© is a “Non-taxpayer” exempt from IRS filing.

Conclusion in support of Relief

Based upon the record subpoenaed and delivered to the Clerk of this Court as a

record associated with matters of elections law with willful fraud perpetrated upon

Plaintiff, and heretofore, there has not been any legal relief or remedy for Plaintiff

or anyone else in the Country either in Federal or State jurisdiction in the matter of

the usurpation of the Office of POTUS, that this is a matter of grave national

security involving high crimes outrageously ignored by Federal and State judges

despite notice of misprision of treason.

That Appellant wishes pure equity remedy herein that would include sealing

this case and issuing subpoenas and testimony for a broad solution decree under

the maxims of equity and that Appellant wishes further and different relief as the

Brief for Appeal No.: 13-06335 – Page 19 of 20

Mmhall Beil Jacob Hildner McGUEREWOODS LLP 1345 Avenue of the Americas, 7th Floor New York,
Mmhall Beil
Jacob Hildner
McGUEREWOODS LLP
1345 Avenue of the Americas, 7th Floor
New York, New k-ork 10105
(2 12) 548-7004
7th Floor New York, New k-ork 10105 (2 12) 548-7004 Attorneysfor Defendant. Zbigniw B~ezinski,Mark Rrrezinski,
Attorneysfor Defendant. Zbigniw B~ezinski,Mark Rrrezinski, uand lm Brzezinskj
Attorneysfor Defendant. Zbigniw B~ezinski,Mark Rrrezinski, uand lm Brzezinskj
SUPEME COURT OF THE STATE OF NEW YOK COUhrTYOF KINGS
SUPEME COURT OF THE STATE OF NEW YOK
COUhrTYOF KINGS
-------"---------h---+-h+h-*--------------*----m-----.-------------- CHRISTOPHER-EARL STRLNK,
-------"---------h---+-h+h-*--------------*----m-----.--------------
CHRISTOPHER-EARL STRLNK,

v.

Plninfi,fJ

X

Index No. 650012011
Index No. 650012011
NOTICE OF ENTRY
NOTICE OF ENTRY
NEW YORK STATE BOARD OF ET-ECTIONS, et al.,
NEW YORK STATE BOARD OF ET-ECTIONS, et al.,

Defendants.

-r----fr---"--------*-------------*---------------------------------

X

PLEASE TAKE NOTICE that the attached is a true copy of the Decision and Order
PLEASE TAKE NOTICE that the attached is a true copy of the Decision and Order of
the Hon. Mhur M. Schack, J,S.C.,dated March 29,2013, that was entered by the County Clerk
the Hon. Mhur M. Schack, J,S.C.,dated March 29,2013, that was entered by the County Clerk
of Kings County on April 10,20 13.
of Kings County on April 10,20 13.
Dated: New York, New York April 18,2013
Dated: New York, New York
April 18,2013

qz$r/~

Marsh I1 Beil Jacob Hildner L I345 Avenue ofthe Americas, 7th Floor New York, New
Marsh I1 Beil
Jacob Hildner
L
I345 Avenue ofthe Americas, 7th Floor
New York, New York I0 105
(2 E2) 548-7004
Attorneysfor Defendants Zbignimu Brzezin~ki~+MarkBrzezinski, and Icrn Erzezinskl
Attorneysfor Defendants
Zbignimu Brzezin~ki~+MarkBrzezinski, and
Icrn Erzezinskl
TO: Christopher-Earl Strunk 593 Vanderbilt Avenue, ff2&1 Brooklyn, New York 11238 Phintix pro se Eric

TO:

Christopher-Earl Strunk 593 Vanderbilt Avenue, ff2&1 Brooklyn, New York 11238 Phintix pro se
Christopher-Earl Strunk
593 Vanderbilt Avenue, ff2&1
Brooklyn, New York 11238
Phintix pro se
Eric T.Schneiderman Attorncy General of the State ofNetv York By: Joel Grabcr Assistant Attorney Gcneral
Eric T.Schneiderman
Attorncy General of the State ofNetv York
By: Joel Grabcr
Assistant Attorney Gcneral
Special Litigalion Counsel
Litigation I31weau
I20 Broadway - 24th Floor
New York, New Ynrk 10271
(212) 416-8645
Michael Cardoto Corporation Counsel of Ithe City ofNew York By: CI~larensOrsland Assistant Corporation Counsel New
Michael Cardoto
Corporation Counsel of Ithe City ofNew York
By: CI~larensOrsland
Assistant Corporation Counsel
New York City Law Dcpastmcnt
100 Church St.
Sew York, New York 10007
(2 12) 7&8-0904
Caplin & Drysdalc, Chnrtercd James P.Wehner One TI~omasCircle, NW Nrashington,D.C. 26005 (202) 862-5000
Caplin & Drysdalc, Chnrtercd
James P.Wehner
One TI~omasCircle, NW
Nrashington,D.C. 26005
(202) 862-5000

And

Eta C.Tobin 375 Park Avenue, 35h Floor
Eta C.Tobin
375 Park Avenue, 35h Floor

New York, Ncw York 10152 (212) 319-7125

Alforneysfor Defenda~isMcCain Vicfory 2008, iMcCain-Palin Victory2005, and John S.McCain
Alforneysfor Defenda~isMcCain Vicfory
2008, iMcCain-Palin Victory2005, and
John S.McCain
Harris Beach, PLLC Thomas J. Bq,Esq. Kcith M. CorbM, Esq. The 0;MNI: 333 Fade Ovington
Harris Beach, PLLC
Thomas J. Bq,Esq.
Kcith M. CorbM, Esq.
The 0;MNI:
333 Fade Ovington Blvd., Suite 901
Uniondale,New York 11533
Attorneysfor Presidenr Barack Obama,
VicePresident Joseph R. Biden, Jp,,
Obarnafor America, Obama Victory Fzmd,
ovldlcJnncy Pelmi
Obarnafor America, Obama Victory Fzmd, ovldlcJnncy Pelmi Rabinowitz, Boudin, Standard, Krinsky, & Liebeman,

Rabinowitz, Boudin, Standard, Krinsky, & Liebeman, P.C. Daniel S. Rcich

Cluistopher J. Klatell 45 Broadway, Suite 1700 Ncw York, New York 10006 Purp nnd Roger
Cluistopher J. Klatell
45 Broadway, Suite 1700
Ncw York, New York 10006
Purp nnd Roger Col'ero

Allorneysfor Defendants Socialis! Worke~s

Simpson Thacher & Bartlett LLP Paul C. Gluckotv Sad1 L. Durn 425 Lexington Avenue New
Simpson Thacher & Bartlett LLP
Paul C. Gluckotv
Sad1 L. Durn
425 Lexington Avenue
New Yo&,New York 10017-3954
(212) 455-2000
Affomeysfor Defendcrnt Perer G.Peterson WiIZkie Fan & Gallagher James C. Dugan 787 Seventh Avenue New
Affomeysfor Defendcrnt Perer G.Peterson
WiIZkie Fan & Gallagher
James C. Dugan
787 Seventh Avenue
New York, New Ynrk 10019
.
(212) 728-8000
Attorneys for Defendant GeorgeSoros
Justice. CI-IRISTOPHER-EAIII, STRUA'K, in esse hFTV YORK STATE BOARD OT:EtECnONS; JAMES A. RriXSIUCo-Chair,DOUGLAS
Justice. CI-IRISTOPHER-EAIII, STRUA'K, in esse hFTV YORK STATE BOARD OT:EtECnONS; JAMES A. RriXSIUCo-Chair,DOUGLAS
Justice.
CI-IRISTOPHER-EAIII, STRUA'K, in esse
hFTV YORK STATE BOARD OT:EtECnONS;
JAMES A. RriXSIUCo-Chair,DOUGLAS A.
KE1,LNER;Co-Chair, EVE1,W J. RQULN
Commissioner, GREGORY P.PETERSON
Co~nrnissioner,Deputy Director 'TODD Q.
V.+21TdF;NTINE,Deputy Director S'TtViYLY ZAZ,EN;
ANIISREW CUOMO, ERIC SCI-NEIIIERhZAN,
'I'ROMAS P. DWAPQLI, RUT1I NOEMI COLON,
irr thcir Omcia1 and individual capacity?FR. JOSEPH A.
QqR4RE.S.J.; FI'I.JOSEPH P. PAKKES, S.3.;
FWDESUCK A, 0.SCHWARZ. JR.; PEER Ci.
PB'fEltS13N; ZBIGNIEW KAIh! [ERZ RRZEZINSKI ; MARK RRZEZNSKI; JOSFPFl R. BIDEN, R.; Irussein Oberna, a.k.a
PB'fEltS13N; ZBIGNIEW KAIh! [ERZ RRZEZINSKI ;
MARK RRZEZNSKI; JOSFPFl R. BIDEN, R.;
Irussein Oberna, a.k.a Steve Dunlzar
r
A,
C

SOEl3AKKATI (a.k.3 Barry SoeroroLf!@@m$744~EIOZ

PELOS[; DE.bj.IOCmTIC STATE CO~~FEEOF?'' ' ' THE STATE OF NEW YON;STATE COT\~~%!!~E

OF THE JVOWhTG FAMILIES PARTY OF N E\lf
OF THE JVOWhTG FAMILIES PARTY OF N E\lf
At an IAS Tern, Part 27 of the Supreme Court of the State of New
At an IAS Tern, Part 27 of
the Supreme Court of the
State of New York, heid in
attd for thc County of
Kings, atthe Courthouse,
at Civic Center, Rrooklyn,
New York, on the 29th day
of March 2013
DEClSlON & ORDER Tr~desNo, 6500/11
DEClSlON & ORDER
Tr~desNo, 6500/11
Courthouse, at Civic Center, Rrooklyn, New York, on the 29th day of March 2013 DEClSlON &

award to any party of ahlorney in any civil action or proceeding before the court

costs

in the forin or reimbursemerat fix ackllal expcnscs rc~sollaklyincuficd and reasonable

attorney's fees, resultiazg from frivolous conduct as detined in this Part." Xlrr analyzing

these billing records and affictavitsor aflirm:itions: the Court Grids that these fees are

reasorlable in light of Bfrc: tirnc and labor required: novelty and difficulty ofthe questions

invotved; skiill reqtrisi~ctu perform the legal se~-vicesproperly; performance of these

servi~esprcclrriting ernploynlcnt of attorneys ox1 other rraattcrs; fees customarily charged

for 3imilar Begrzl services; n;itrrrc of the irrstaixt action; resrrlts obtai~ed;nature arid length

of the profession:il re ii~tiirncilipswith clients: and, exgserienee, repti tation azd ability uf

attorneys and s~mppum.bbtofrperfc:clmliugservices. Mtlrecrver, plairntirf SSTRtmK did not

crbject to the proposed costs prese~xredto the Coi~t.

McGrrire, tlioods UP, counsel for dek-ndaratsZBIGNIEpJkFKAIMTERZ

UJSEZINSKI, MARK If3X$%E:%INSKTand IAN S.RRZEZINSKF bilXed defenkt~tllts

2I3IGNIK'LY KAIXLTIEItZ BRItZEZINSKT, MARK MRZEZNSKI and IAN J.

UKZEZXNSKI $7S,CiI3(1 OCI for ;ittortxcy"sfees and $1,446.74 fix disbursements, f~+ra total

of $78,156.74, "Therehre, the Court awards to det'etldants ZBIIGNIGtV IChIMTRW,

RRZEZINSKI; MARK BR2PZINSMI arid IAN d. R=G%INSKI

$78,156.74 for ""costs in

the fbrtn uf relrnbrirstnlcrit for ~CTL~;BICX~~IISCSrcasonclbly iancurrcd and reasonal~lc

atton~cy'sfees, resullifzg from Ckolouh conctuct" ~I~~~~~~~~~~CHNSTC~PHER-

?; X'ISIINK.