CESTRUNK Appellate Brief Combined With Modified Appendix in The Appeal Strunk V NYS BOE Etal in NYS SC Appellate Div. 2nd Depart. 2014-00297 Appeal 3 of 3
Got the third appeal brief of three in the Strunk v NYS BOE et al filed today July 30, 2014.
And wiil reply to the Brzezinski Response to 2013-6335 brief by August 8. 2014. Judge Schack is characterized a an "Organized Stalker" against what he characterizes as the "BIRTHERS" to his detriment and mine Through my work with Michael Shrimpton for the first time I use the material developed on papa 41 re Deutscher Verteidigungs der Dienst (DVD) that he is the Obermeister Fuhrer for after taking over from Eisenhower. I did not belabor the material as I am breaking the Judges in slowly. For the first time I use the Jesuit Co-adjutor JOB - Jihadist (John Owen Brennan) material.
Titre original
CESTRUNK Appellate Brief combined with modified Appendix in the Appeal Strunk v NYS BOE etal in NYS SC Appellate Div. 2nd Depart. 2014-00297 appeal 3 of 3
Got the third appeal brief of three in the Strunk v NYS BOE et al filed today July 30, 2014.
And wiil reply to the Brzezinski Response to 2013-6335 brief by August 8. 2014. Judge Schack is characterized a an "Organized Stalker" against what he characterizes as the "BIRTHERS" to his detriment and mine Through my work with Michael Shrimpton for the first time I use the material developed on papa 41 re Deutscher Verteidigungs der Dienst (DVD) that he is the Obermeister Fuhrer for after taking over from Eisenhower. I did not belabor the material as I am breaking the Judges in slowly. For the first time I use the Jesuit Co-adjutor JOB - Jihadist (John Owen Brennan) material.
CESTRUNK Appellate Brief Combined With Modified Appendix in The Appeal Strunk V NYS BOE Etal in NYS SC Appellate Div. 2nd Depart. 2014-00297 Appeal 3 of 3
Got the third appeal brief of three in the Strunk v NYS BOE et al filed today July 30, 2014.
And wiil reply to the Brzezinski Response to 2013-6335 brief by August 8. 2014. Judge Schack is characterized a an "Organized Stalker" against what he characterizes as the "BIRTHERS" to his detriment and mine Through my work with Michael Shrimpton for the first time I use the material developed on papa 41 re Deutscher Verteidigungs der Dienst (DVD) that he is the Obermeister Fuhrer for after taking over from Eisenhower. I did not belabor the material as I am breaking the Judges in slowly. For the first time I use the Jesuit Co-adjutor JOB - Jihadist (John Owen Brennan) material.
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 9 December 2013 Decision and Order of Arthur M. Schack denying the motion to reargue in reconsideration of 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 Plaintiff / Appellant, APPEAL CASE -against- INDEX NO.: NEW YORK STATE BOARD OF ELECTIONS; J AMES A.WALSH, DOUGLAS A. KELLNER / Co-Chairmen, 2014-00297 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 NOEM COLN, in their Official and individual capacity; Fr. J OSEPH A. O'HARE, S.J .; Fr. J OSEPH P. PARKES, S.J .; FREDERICK A.O. SCHWARZ, J R.; PETER G. PETERSON, ZBIGNIEW KAIMIERZ BRZEZINSKI; MARK BRZEZINSKI; J OSEPH R. BIDEN, J R.; 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; RGER CALERO; THE SOCIALIST WORKERS PARTY; IAN J . BRZEZINSKI; J OHN SIDNEY MCCAIN III; J OHN 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; J ohn and J ane Does; and XYZ Entities. Defendants / Respondents.
APPELLANTS APPEAL BRIEF WITH COMBINED APPENDIX
Brief for Appeal No.: 14-00297 Page 1 of 35
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 third Appellants Brief for the appeal 2014-00297 with Notice filed J anuary 13, 2014 (APX-1) is taken from the 9 December 2013 Decision and Order (APX-9 thru APX-22) of Arthur M. Schack J SC of Part 27 who denied Plaintiffs Motion with CPLR 2221(f) for leave to renew and reargue the prior Decision and Order dated March 29, 2013 entered by the Clerk of the Court on April 10, 2013 (J udgment), and in support of renewal, requested leave to supplement the Complaint filed March 22, 2011 with new transactions to conform to evidence by CPLR 3025(b)(c) and or to transfer to I.A.S. Part 1 in Petition 21948-2012 as with CPLR 2217(c), and to vacate or modify the J udgment with CPLR 5015(a). That Plaintiffs 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 Brief for Appeal No.: 14-00297 Page 2 of 35
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 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 J oseph R. Biden as a slate, that of J ohn 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 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 Plaintiffs 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.
Brief for Appeal No.: 14-00297 Page 3 of 35
Executor Public Officer under martial process in lieu of civilian due process On 4 March 2014 the Appellate Panel of J ustices PETER B. SKELOS, THOMAS A. DICKERSON, J OHN 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 in force to protect our freedom and unalienable rights under GOD, is front and center in this third and final Appellants Appeal Brief for Appeal 2014-00297 for consolidated hearing together with Appeal 2012-5515 taken from the Order of April 11, 2012 filed J une 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 Brief for Appeal No.: 14-00297 Page 4 of 35
754 on April 29, 2014 at 1:20 PM; and that STRUNKs 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 Citizens 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 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. Statement of the Case on Appeal That were Plaintiff / Appellant on the merits found not to be as the Court alleges in the subject Decision and Order shown at APX 16 paragraph 3 as quote fanciful, fantastic, delusional, irrational and baseless claims about defendants is Brief for Appeal No.: 14-00297 Page 5 of 35
frivolous then, now or in the future as Plaintiff was adjudged by Arthur M. Schack J SC 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 J ustice 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. Summary of Judgment regarding Decision & Order of 9 December 2013 That although the Court granted fees and expenses for all Defendants Counsels, only three of nine Defendants Counsel applied for reimbursement of $167,707.88 to Defendants Counsel plus $10,000 to the Lawyers Fund for Client protection for a grand total of $177,707.88 due within 30 days as follows: McGuire Woods LLP 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 SIMPSON THATCHER & BARTLETT LLP representing PETER GEORGE PETERSON in regards to the total money amount of $72,696.39 for attorney fees, $4,610.00 for time of support staff, and $6,657.39 for disbursements for a total of $82,943.64; Brief for Appeal No.: 14-00297 Page 6 of 35
The New York State Attorney General in the absence of any appearance of the named State Defendants appearing alone had expended 17.62 hours in conjunction with this case requesting a $375 per hour for time expended and that the Attorney General seeks $6,607.50 as part of the direct costs to the State. As to the Court Chief Administrator, 22 NYCRR 130-1.3, STRUNK shall pay a sanction of $10,000.00 for his alleged frivolous conduct to the Lawyers Fund for Client Protection, 119 Washington Avenue, Albany, New York 12210. And that STRUNK is denied his right to sue any of the named Defendants in State Court without first obtaining permission. New York must comply with Federal Law as to treason and sedition New York must comply with Federal Law as to treason and sedition upon notice of those associated with the acts of BARRY SOETORO SOEBARKAH, the Indonesian born in Kenya using the name BARACK HUSSEIN OBAMA II, must color New York State actions as follows: 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.
Brief for Appeal No.: 14-00297 Page 7 of 35
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 Petitioner) (J une 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 103322, title XXXIII, 330016(1)(H),Sept. 13, 1994, 108 Stat. 2147.) Historical and Revision Notes Based on title 18, U.S.C., 1940 ed., 3 (Mar. 4, 1909, ch. 321, 3,35 Stat. 1088). Mandatory punishment provision was rephrased in the alternative. Amendments 1994Pub. L. 103322 substituted fined under this title for fined not more than $1,000. (emphasis by Appellant)
18 U.S. Code 2383 - Rebellion or insurrection Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
18 U.S. Code 2384 - Seditious conspiracy If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
18 U.S. Code 2385 - Advocating overthrow of Government Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision Brief for Appeal No.: 14-00297 Page 8 of 35
therein, by force or violence, or by the assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof
Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
As used in this section, the terms organizes and organize, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.
The Trial court in the absence of State provision of law as to treason and sedition, other than in State Military Law, having been notified of the duty to enforce Federal law, maliciously violates the express purpose and intent of performance of duties under law by inaction and or worse cover-up, and the trial court instead aided and abetted the New York State Attorney General, Governor and fellow justices to avoid compliance with Federal law regarding forms of treason and Brief for Appeal No.: 14-00297 Page 9 of 35
sedition for enforcement and stalked Plaintiff STRUNK in an organized fashion to be singled out for public ridicule and punishment to chill speech. Discovery after fraud accrual for Amending after 22 March 2011 filing STRUNK contends that J udge Schack had a duty to dismiss the complaint sui sponte if He, like J udge Ross for different reasons, by cursory review deemed the criteria for establishing fraud were not met would give Plaintiff an opportunity to cure by supplement and or amendment; but instead J udge Schack decided to grandstand for self aggrandizement, as an ideology to never let an opportunity go to waste, proceeded to fashion a straw man to ridicule and use Plaintiff as his example for others nationally who he terms Birthers and thereby J udge Schack became a biased participant and is acknowledged bias accordingly in his decisions quote: Plaintiff STRUNK presents in his complaint fraud accusations that can be, at best, described as bare assertions. He does not allege that he relied upon any statements of defendants and fails to allege that he suffered any pecuniary loss as a result of the statements of any defendant. Actual pecuniary loss must be alleged in a fraud action. (Dress Shirt Sales, Inc, v Hotel Murtiniqzle Assoc., 12 NY2d 339, 343 [1963]; Rivera v Wyckoff Heights Hosp., 184 AD2d 55 8, 56 1 [2d Dept 19921). The mere use of the word "fraud" in a complaint is not sufficient to comply with the specific requirements of CPLR 3016(b) that fraud be plead with particularity. Therefore, plaintiff STRUNK fails to allege the necessary elements for a fraud cause of action.
That despite a matter of fraud has a six year statute of limitations with NYS CPLR 213, the 22 March 2011 Complaint was duly filed well within that time limit, and Brief for Appeal No.: 14-00297 Page 10 of 35
that J udge Schack acknowledged there is an active related case 29642-08; and despite being told that the case had already been subjected to judicial review by J udge Schmidt who urged in open court that it be filed separately, but J udge Schack nevertheless in service of his biased effort to grand stand to ridicule and hold STRUNK out as an example to other Birthers to chill speech, silence speech and infringe the right to petition for relief from grievances, and as a matter of State malicious action done to suppress first, fifth, sixth and ninth amendment rights otherwise protected by Section 1 of the Fourteenth Amendment guarantee to a private citizen of the United States of America, J udge Schack states quote: My Kings County Supreme Court colleague, J ustice David Schmidt, in Strunk v Paterson, et al, Index No. 29642/08, as cited above, disposed of that matter, on March 14, 2011, by denying all of plaintiff's motions and noting that the statute of limitations expired to join necessary parties President OBAMA and Senator MCCAIN. Further, J ustice Schmidt denied plaintiff an opportunity to file affidavits of service nunc pro tunc and to amend the complaint.
The Federal statute of limitations also follows that of CPLR 213 in that regard according to 28 USC 2401 (b) for a matter accruing within 6 years, just as 42 USC 1983 is for State acts under color of law three years from accrual, Schack states: Then, plaintiff STRUNK, eight days later, on March 22, 2011, commenced the instant action by filing the instant verified complaint. Plaintiff STRUNK's complaint recites numerous baseless allegations about President OBAMA. These allegations are familiar to anyone who follows the "birther" movement: President OBAMA is not a "natural born" citizen of the United States; the President is a radical Muslim; the President's Hawaiian Certificate of Live Birth does not prove that he was born in Hawaii; and, President OBAMA is actually a citizen of Indonesia, the United Kingdom, Brief for Appeal No.: 14-00297 Page 11 of 35
Kenya, or all of the above. In my April 11, 2012 decision and order, at * 14, I noted that: "[a] complaint containing as it does both factual allegations and legal conclusions, is frivolous where it lacks an arguable basis" and "embraces not only the inarguable legal conclusion, but also the fanciful factual allegation." (Neitzke v Williams, 490 US 319, 325 [1989]). Then, plaintiff STRUNK, eight days later, on March 22, 2011, commenced the instant action by filing the instant verified complaint.
Plaintiff STRUNK's complaint recites numerous baseless allegations about President OBAMA. These allegations are familiar to anyone who follows the "birther" movement: President OBAMA is not a "naturalborn" citizen of the United States; the President is a radical Muslim; the President's Hawaiian Certificate of Live Birth does not prove that he was born in Hawaii; and, President OBAMA is actually a citizen of Indonesia, the United Kingdom, Kenya, or all of the above. In my April 11, 2012 decision and order, at * 14, I noted that: "[a] complaint containing as it does both factual allegations and legal conclusions, is frivolous where it lacks an arguable basis" and "embraces not only the inarguable legal conclusion, but also the fanciful factual allegation." (Neitzke v Williams, 490 US 319, 325 [1989]).
That J ustice Schacks proclivity to grandstand for self aggrandizement with his social justice tactics, declares the absence of truth that the end is justified by any means necessary, ridicules his opposition as the Birthers. That in effect Arthur M. Schack as a member of high culture practices a form of "Organized stalking", in the current-day sense, is surveillance and harassment of a designated target by stalker members of networked groups ( ) 1 .
1 Organized stalking has three essential elements: Organized stalking is harassment by a substantial number of people, not by an obsessed single stalker, nor by helpers recruited by an obsessed single stalker. Organized stalking group members are given targets' names and/or have the target identified for them; they do not usually know the target beforehand. Organized stalking community groups are tightly networked with stalking groups in other communities.
Brief for Appeal No.: 14-00297 Page 12 of 35
Standard of evidence regarding scheme to defraud That Plaintiff / Appellant in this civil case is to be based on a clear and convincing standard of evidence that has been met by a plaintiff to win a civil action that was elevated since 22 March 2011 from a preponderance standard, and that such clear and convincing evidence of fraud that applies to the third standard of proof Beyond a Reasonable Doubt used in criminal cases and very few civil cases. But since 27 April 2011 is now proven that Barack Hussein Obama II has committed several crimes of fraud. It is my understanding that in a civil case, a plaintiff has a duty of good faith, the burden of proving the facts and claims asserted in the complaint. When a party has the Burden of Proof, the party must present, through testimony and exhibits, enough evidence to support the claim. The amount of evidence required varies from claim to claim. For most civil claims, there are two different evidentiary standards: preponderance of the evidence, and clear and convincing evidence. A third standard, proof Beyond a Reasonable Doubt, is used in criminal cases and very few civil cases, it necessary to take into account absent any indictment. It is my understanding under the circumstance of the ongoing crime of concealment and spoliation that has been proven the quantum of evidence that constitutes a preponderance cannot be reduced to a simple formula. A preponderance of evidence has been described as just enough evidence to make it Brief for Appeal No.: 14-00297 Page 13 of 35
more likely than not that the fact the claimant seeks to prove is true. It is difficult to translate this definition and apply it to evidence in a case, but the definition serves as a helpful guide to judges and juries in determining whether a claimant has carried his or her burden of proof. Plaintiff contends that the majority of civil claims are subjected to a preponderance of evidence standard and are however, as of right reasonably to be granted the opportunity to amend and or supplement the complaint in order to perfect the complaint to a clear and convincing standard of evidence as to fraud was denied plaintiff by the court. That if a court or legislature seeks to make a civil claim more difficult to prove, it may raise the evidentiary standard to one of clear and convincing evidence with the opportunity to supplement and or amend the Complaint. That although under some circumstances use of the low preponderance of evidence standard may be a violation of constitutional rights this complaint involves a constitutional tort of gigantic proportions with a cover-up, concealment and spoliation involved that requires a closer scrutiny of review for justice to be done. The Court has a burden to allow plaintiff to show clear and convincing evidence refers to more than a mere preponderance but something just short of conclusive (which would be more tantamount to the beyond a reasonable doubt burden used in criminal cases). However, in reality with the presence of crimes committed and the refusal politically of those charged with enforcement refuse, the Brief for Appeal No.: 14-00297 Page 14 of 35
clear and convincing burden of proof that generally requires proof which leaves no reasonable doubt concerning the truth of matters in a civil at issue must stand. This higher burden is generally employed when the alleged offense has special elements to establish, such as in a claim for fraud, with usurpation of the Office of POTUS and in which State non / mis / malfeasance under colour of law applies combined with gross negligence in application and administration of law. In these and other cases, the stakes at risk are high and that the defending party must show a potential lose of a substantial benefit, property, and reverse as a matter of equal protection especially applies to Plaintiffs personal or fundamental liberty such as those protected under the First, Fifth, Sixth, Eighth, Ninth Amendments applicable herein. As for the preponderance of proof required to file in the Federal case wherein it was deemed in the wrong jurisdiction in that Federal elections are a duty of the State per se that in the matter of the case filed in forma pauperus that went before J udge Allyne Ross of the Eastern District of New York with case 08cv4289 that the trial court dismissed sui sponte as being frivolous only as to Federal matters but as to State matters directed Plaintiff seek standing for relief in State jurisdiction. That as to a preponderance of prima facie evidence Plaintiff relied upon: Brief for Appeal No.: 14-00297 Page 15 of 35
Barack Hussein Obama II in his autobiography Dreams From My Father published by Random House in 1995 advertised the authors biography for the purpose of book sales for 15 plus years that stated that Barack Obama, the first African American president of the Harvard Law Review, was born in Kenya and raised in Indonesia.; and that Plaintiff had no basis to question the Publisher. That Barack Hussein Obama II released a short form Certificate of Live Birth (COLB) that stated that his father was not a U.S. Citizen however shows therein He was registered as born in Hawaii that as a matter of unique Hawaii state practice, as similarly done with Sun Yat-sen having been born in China, that allows a foreign birth with a Hawaii state registry that in fact does not negate the veracity of the Publisher commercial statement for sales; That Phil Berg, Esq. had in August 2008 filed a case challenging the eligibility of Barack Obama regarding A2S1C5 in Federal Court and as such gave Plaintiff a good faith confidence to do so for New York before J udge Ross who in fact directed Plaintiff to State jurisdiction as also later was done with the Federal Court case with Phil Berg Esq. as its plaintiff. That the Indonesian school record for Barry Soetoro was published in August 2008 indicating not only that he has an Indonesian name but was Brief for Appeal No.: 14-00297 Page 16 of 35
registered with the religion of Islam and that his father is Lolo Soetoro; and by that record it established that Barack Obama had lied under penalty of perjury when he stated on the application for his Illinois Law license that he had never had another name became prima facia evidence. That with the above preponderance of evidence Plaintiff filed an article 78 Petition 29641-08 to determined whether or not there had been a violation of the State Constitution as to state officers also serving a second paid public officer job as an elector for a presidential slate too and as an issue of first impression dependent upon the Petition finding that would become the law of the case for the companion Complaint challenging the State officer electors for the 2008 general election with Index No.: 29642-08 that is still active nearly six years later and is the related case to this one on appeal herein; and That Plaintiff from 2008 through 2011 sought a clear and concise improvement of the preponderance of evidence by filing a Freedom of Information Act (FOIA) request for the passport application records of the alleged mother Stanley Ann Dunham Obama and Barack Hussein Obama II to find out whether either had a US Passport during the period 1960 through 1983 and lacking any response at ALL after several written attempts, which in itself is highly suspicious, I filed the case on 22 November 2008, Strunk v DOS and DHS USDC DCD 08-cv-2234 (RJ L), and after spitting much blood in the process on J uly 29, 2010, I received a partial Brief for Appeal No.: 14-00297 Page 17 of 35
record release from the DOS only, with the allegation from the DOS Counsel that the records prior to 1968 had been destroyed by order of the General Service Administration; and I continued my efforts over the next 18 months to discover the DOS Counsels allegation was a complete fabrication, and further proof of spoliation of evidence in support of suspicion of a crime-----but nevertheless established clear and convincing evidence that: Barry Soetoro was in fact is also named SOEBARKAH Supposedly according to the DOS, Stanley Ann Dunham Soetoro never had a passport in the name of Stanley Ann Dunham and or Stanley Ann Obama, and the only application established to exist was in the name Stanley Ann Dunham Soetoro in 1965; notwithstanding alleged to be destroyed; And when I sought a Vaughn Index (a simple chronological list by date of all applications during a period) it was denied me by the court as being a unnecessary interference with DOS methods and security sources; However, when Phil Berg himself had later sought a simple affirmation of such a Vaughn Index that existed for any US Passport for Barack Hussein Obama II without actually seeking to see a copy of either the Vaughn Index or the actual application record, the response by DOS was that there is no record of a passport for Barack Hussein Obama II before 1983 thereby establishing at best that Barack Hussein Obama II traveled to Brief for Appeal No.: 14-00297 Page 18 of 35
Indonesia with his newly divorced legal mother having legal custody accompanied her new husband Lolo Soetoro, and that Barack Hussein Obama II traveled on her passport as a child based upon the divorce decree; that the legal mother Stanley Ann Obama having been married in February 1961 to Barack Hussein Obama Sr. (legal father) in Hawaii is proven with the Hawaiian Court Decree of March 1964 that acknowledged a child, Barack Hussein Obama II, for whom the legal father was given liberal visitation despite the divorce and gave legal custody to the mother Stanley Ann Obama. However, after being adopted in Indonesia by Lolo Soetoro, Barack Hussein Obama II was no longer to be listed on his mothers passport, and at which time she amended her own passport on August 13, 1968 removed Barack Hussein Obama / SOEBARKAH from it, presumably so that she could travel separately from her Indonesian citizen son Barry Soetoro SOEBARKAH. That Barry Soetoro (SOEBARKAH) returned to Hawaii from Indonesia using an Indonesian Passport of his own to live with his Grandparents and there attended school as a foreign student in Hawaii, California, New York and Massachusetts using multiple names from that point forward including at Columbia University with evidence of a crime now under State control; Brief for Appeal No.: 14-00297 Page 19 of 35
That in 1977 His Grandmother, the Trust officer in charge of the trust accounts for the Bank of Hawaii, upon the death of one of its depositors, born in 1890 overseas and being without issue or ever having filed for benefits, glommed use of the Social Security number (SSN) for Barry Soetoro who had attained the age to seek employment and would need to register with Selective Service with the SSN, done as such in 2008 with false instruments; That Barry Soetoro attended Columbia University, and obtained foreign student funding assistance; and that such records are in the custody of the New York State Higher Education Services Corporation that by law may never release any record without a court order, and can neither confirm nor deny the existence of a record. That Barry Soetoro SOEBARKAH traveled back to Indonesia while attending Columbia University as part of his studies, and there renewed his passport in Indonesia before traveling into Pakistan and Afghanistan while working for Zbigniew Brzezinski. With the above preponderance of evidence, I went back to J ustice Schmidt in regards to Complaint for 29642-08 to amend it in regards to the fraud involved and therein after several attempts was instructed by J ustice Schmidt to just file a new case, because under oath in the presence of Assistant Attorney General J oel Brief for Appeal No.: 14-00297 Page 20 of 35
Graber, where I affirmed that in J une 2010 I had just discovered that J ohn Sidney McCain III was not born in the Canal Zone to US Citizen parents but born in Colon Republic of Panama that had jurisdiction over Colon under the US / Panama Treaty not the United States, and therefore as suggested by J ustice Schmidt I filed a new cause 6500-2011 involving a scheme to defraud plaintiff and voters at the 2008 General Election that among other things is a related case to 29642-08; and however without $95 to purchase the RJ I myself it fell upon the good faith of the opposing counsel for a Defendant to not commit perjury and simply state there is a related case, and that J ohn Sidney McCain III s counsel lied just like his client and set this whole matter on edge and is an issue before this Court in the first brief for appeal 12-5515. Thereafter, as a matter of upgrading the clear and convincing evidence tantamount to the beyond a reasonable doubt criminal standard proof for fraud: On December 2012 the purported long form birth certificate was proven by document expert Paul Edward Irey a forged false instrument with proof included in the Note of Issue filed Petition 21948-12 active before the Honorable David I. Schmidt with a pretrial conference scheduled for 11 September 2014. Brief for Appeal No.: 14-00297 Page 21 of 35
That in 2013 I discovered that Barry Soetoro SOEBARKAH is a member of the SUBUD cult founded in Indonesia practicing transgender homosexual rituals and that SUBUD cult has a major presence in Chicago and Hawaii with its leader by the surname FUDDY (now alleged deceased in a mysterious December 2013 plane crash) a non physician put in charge of Hawaiis Department of Health who participated in the forgery of the false instrument purported to be the long form birth certificate released by Barack Hussein Obama at the White House press conference on 27 April 2011; That STRUNK has attempted since December 2013 to obtain a certified copy of the copyright document from the US Copyright Office using an established Patent, Trademark and Copyright attorney who regularly practices in Washington; and to date the agency has denied a certified copy even though it would only cost $30. The copyright filed originally said Barack Obama was born in Kenya. That since December 4, 2012, Mr. IREY has done further analysis of the false instrument shown in the Note of Issue for 21948-2012, and confirmed that there is further proof of a crime that involves the purported CoLB by the false instrument of J OHANNA SOLANGE SIERRA OK-HEE ANNEE. That on J une 23, 2014 Mr. IREY forwarded to me his expert analysis of the Brief for Appeal No.: 14-00297 Page 22 of 35
further proof that the same forger did both false instruments of J OHANNA SOLANGE SIERRA OK-HEE ANNEE and those of Defendant OBAMA. That STRUNK proves that there is a false instrument purported to be the Dreams From My Father copyright of 1995 involving Random House agents that had been faxed to someone in the US Copyright Office working with whomever forged or tendered the instrument and that based upon the anomaly left by the faxed thermal sensitive roll paper low red stripe on the left side of both pages that it had been there before the forger added certification appliqus that is proven by the stark difference in the before and after letter / line degradation, and alleges that Barack Hussein Obama II was born in the USA rather than Kenya. That in addition to the proof of the no less than four false instruments, Short form COLB, two (2) Long Form COLBs, Selective Service form, there is the glaringly forged copyright form purported to be that of 1995 done by Random House for Dreams From My Father having been faxed (it is illegal to fax an original application for a copyright) and leaving a signature of that mechanical operation of low thermal sensitive roll paper, the document expert Mr. IREY performed an analysis with the same methods used on all to find a common forger.
Brief for Appeal No.: 14-00297 Page 23 of 35
Court opposes Definition of natural-born Citizen that did not derive from the term natural-born Subject That remaining at the heart of this case is the fact that the natural-born Citizen clause does NOT derive from the term of art natural-born Subject, but instead was derived from ancient consideration of GODs 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 childs 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. ( ) 2 It is this definition which was handed down through the
2 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 J owett, 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. (emphasis by appellant)
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 Brief for Appeal No.: 14-00297 Page 24 of 35
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 Aristotles view of citizenship? We learn from the historical record that Supreme Court J ustice J ames 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. J ames Wilson, 1st commentaries
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 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.: 14-00297 Page 25 of 35
on the Constitution. Here we clearly see Wilson referring to what could only be a natural born Citizen as "the son of a citizen." 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. J efferson 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 ( ) 3 and seen the clause natural born Citizen. This shows that they did not need to borrow the clause from English common laws 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 Kings 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-
3 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 ustoms of the Romans 210 (6th ed. corrected 1807). Cicero wrote in A Proposal: c
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). (emphasis by appellant) Brief for Appeal No.: 14-00297 Page 26 of 35
renowned, Emer de Vattel in his The Law of Nations, Section 212 (London 1797) (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 . Intl 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, J r. and Darin R. Bartram, Unlawful Belligerency and Its Implications Under International Law, http://www.fed- soc.org/publications/PubID.104/pub_detail.asp (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). Brief for Appeal No.: 14-00297 Page 27 of 35
Court erroneously maintains 14 th Amendment of 1868 supplants A2S1C5 natural-born Citizen with born a citizen. Also central to the errors by the Court is that J udge Schack continues to contend that the 1868 Fourteenth Amendment somehow amends the term of art natural-born Citizen and he is absolutely wrong. The status of de jure Private American citizenship of the United States, federal citizenship, is secured by Article IV, Section 2, and merely broadened into national citizenship by Section 1 of the 14 th Amendment to the United States Constitution in 1868, and with the amendment is meant to overthrow the liberties of Private Citizens of the United States by imposing a State-created, statutory, de facto Public U.S. citizenship. That the Supreme Court of the United States (SCOTUS) has clearly defined the term of art in case decisions before and after the enactment of the Fourteenth Amendment that show that the natural born Citizen clause remains unchanged: The Venus, 12 U.S. 8 Cranch 253 253 (1814) Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than any other whose work has fallen into my hands, says: 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 indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. Shanks v. Dupont, 28 U.S. 3 Pet. 242 242 (1830)
Ann Scott was born in South Carolina before the American revolution, and her father adhered to the American cause and remained and was at his death Brief for Appeal No.: 14-00297 Page 28 of 35
a citizen of South Carolina. There is no dispute that his daughter Ann, at the time of the Revolution and afterwards, remained in South Carolina until December, 1782. Whether she was of age during this time does not appear. If she was, then her birth and residence might be deemed to constitute her by election a citizen of South Carolina. If she was not of age, then she might well be deemed under the circumstances of this case to hold the citizenship of her father, for children born in a country, continuing while under age in the family of the father, partake of his national character as a citizen of that country. Her citizenship, then, being prima facie established, and indeed this is admitted in the pleadings, has it ever been lost, or was it lost before the death of her father, so that the estate in question was, upon the descent cast, incapable of vesting in her? Upon the facts stated, it appears to us that it was not lost and that she was capable of taking it at the time of the descent cast.
Dred Scott v. Sandford, 60 U.S. 393 (1857)
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 society cannot perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their parents, and succeed to all their rights.' Again: 'I say, to be of the country, it is necessary to be born of a person who is a citizen; for if he be born there of a foreigner, it will be only the place of his birth, and not his country. . . .
Minor v. Happersett , 88 U.S. 162 (1875)
The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted 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. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first.
United States v. Wong Kim Ark, 169 U.S. 649 (1898)
Brief for Appeal No.: 14-00297 Page 29 of 35
At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted 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. Perkins v. Elg, 307 U.S. 325 (1939), was a decision by the Supreme Court of the United States that a child born in the United States to naturalized parents on U.S. soil is a natural born citizen and that the child's natural born citizenship is not lost if the child is taken to and raised in the country of the parents' origin, provided that upon attaining the age of majority, the child elects to retain U.S. citizenship "and to return to the United States to assume its duties." Not only did the court rule that she did not lose her native born Citizenship but it upheld the lower courts decision that she is a "natural born Citizen of the United States" because she was born in the USA to two naturalized U.S. Citizens.
"But the Secretary of State, according to the allegation of the bill of complaint, had refused to issue a passport to Miss Elg 'solely on the ground that she had lost her native born American citizenship.' The court below, properly recognizing the existence of an actual controversy with the defendants [307 U.S. 325, 350] (Aetna Life Ins. Co. v. Haworth, 300 U.S. 227 , 57 S.Ct. 461, 108 A.L.R. 1000), declared Miss Elg 'to be a natural born citizen of the United States' (99 F.2d 414) and we think that the decree should include the Secretary of State as well as the other defendants. The decree in that sense would in no way interfere with the exercise of the Secretary's discretion with respect to the issue of a passport but would simply preclude the denial of a passport on the sole ground that Miss Elg had lost her American citizenship."
The SCOTUS has never applied the term natural born citizen to any other category than those born in the country of parents who are citizens thereof
Brief for Appeal No.: 14-00297 Page 30 of 35
Arguments in support of remand to Part 43 instead of Part 27 Let me be quite clear to this court, Barack Hussein Obama II is not natural born in the USA of US Citizen parents not even of one US Citizen, HE is by birth to his legal Kenyan Muslim Father a Muslim of a Muslim Indonesian mother as yet unknown by name, and that by practice upon His adoption by the Indonesian Muslim Lolo Soetoro, where HE remains an Indonesian citizen and has never renounced such citizenship to be a U.S. Citizen (unlike Senator Cruz who has renounced his Canadian citizenship recently), and HE publicly expresses with his Arabic inscribed Islamic ring that He remains wedded to political Islam; and further as a radical Muslim beyond the fact of his Freemasonic 32 rd level endorsed by Prince Hall Mason Colin Powell right before the 2008 election, HE is a member of the Muslim Brotherhood International and Islamic SUBUD Cult through his training in Indonesia and glaringly provides the basis for collaboration with his fellow Islamist Muslim Brother Fethullah Glen 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 together these Muslim Brothers use J ihadist 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 whose every act to imperil the USA British Special Relationship is to reverse the efforts of Winston Brief for Appeal No.: 14-00297 Page 31 of 35
Churchill and Thomas Edward Lawrence who having defeated the Kaisers Ottoman Caliphate ally redrew Mideast borders in 1921, and that Obama having banished Churchills Bust from the White House, in J une 2009 ordered reinstatement of the Egyptian Muslim Brotherhood terrorist organization (banned since the murder of Anwar Sadat); and together Deutscher Verteidigungs der Dienst (DVD) agents Obama, Biden, Soros, Peterson, Pritzker, Pelosi, named Brzezinski Defendants, J ohn S. McCain III and others under the direction of papa Bush 41, the DVD Obermeister Fuhrer, who while operating with the Correa Group of Frankfurt West Germany previously under the Allen and J ohn Dulles brothers and the General Operations Group 2 (GO2) in London with the General Reinhart Gehlen Organization, succeeded Dwight Eisenhower before him; and ALL presently act to overthrow the USA secular allies in Africa and Mideast nations using the sinister malice of fellow J ihadist J ohn O. Brennan who according to retired FBI Agent J ohn Guandola confirmed ( ) 4 that Fordham J esuit trained
4 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 Brennans 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. Brief for Appeal No.: 14-00297 Page 32 of 35
coadjutor J ohn Owen Brennan, from 1996 through 1999 while the CIA Station Chief in Riyadh Saudi Arabia converted to Wahhabi Islam, and who by his own admission made the Hadj to Mecca, an act reserved for practicing Muslims under penalty of death; then served from 1999 to 2001 as Chief of Staff to George Tenet preparing for Saudi involvement in the September 11, 2001 attack on the USA; and who was Obamas first choice for DCI rather than Papal Knight Leon Panetta leveraged into office by Hillary Clinton instead using DNA blackmail evidence controlled by the CIA / DIA / NSA -- that Obama was born in Kenya. Plaintiff contends with more than ample proof shows that because of Defendants acts from before the 2008 general election and thereafter until the present the scheme to defraud Plaintiff and the people of the State of New York 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 massive fraud in our 230 year history bar none. That Plaintiff Executor has accumulated damages financial and personal far exceeding anyone else in the state of New York bar none and ranks in the top ten nationally for those who upon my observation of Arthur M. Schacks practice of Social J ustice doctrine that really springs from the Secret Instructions of the Jesuits printed verbatim from the London copy of 1725 and republished without the Latin
- See more at: http://www.opposingviews.com/i/religion/islam/did-john-brennan-convert-islam- being-picked-president-obama-new-cia-chief#sthash.jtu8f7sP.dpuf
Brief for Appeal No.: 14-00297 Page 33 of 35
text in Princeton, New J ersey by J . & T. Simpson in 1831, that as a matter of overthrowing the liberties of the United States was plotted during the Congress of Vienna (1814-1815) and the subsequent Secret Treaty of Verona (1822) because of which President J ames Monroe issued his Monroe Doctrine (1823)and for which he was poisoned on J uly 4, 1831, and that American inventor Samuel F. B. Morse warned of this diabolical J esuit Conspiracy against America in his work, Foreign Conspiracy Against the Liberties of the United States, published in 1835. 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 / 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. Brief for Appeal No.: 14-00297 Page 34 of 35
APPELLANTS COMBINED 22 page APPEAL APPENDIX for Appeal 2014-00297 after the Brief J urat page 35
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 J udicial Department
APPELLANTS COMBINED 22 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 9 December 2013..Apx 1 Request for Appellate Division Intervention...Apx 3 The Decision and Order of 9 December 2013....Apx 9
CHRISTOPHER EARL STRUNK and AD HOC NEW YORKER REPUBLICAN COMMITTEE v. THE STATE OF NEW YORK Claim No. 135318 in Re BORN A CITIZEN Versus NATURAL BORN CITIZEN
NEW YORK' PLUMMER'S UNIT PUNTS AND DECIDES TO LET STRUNK GO TO WASHINGTON in re the CONFORMED -- Plaintiff's NOM for Judicial Notice With CPLR 3101d and Status w Exhibits NYS SC for Kings County Index no.:29642-2008 ........FILED 5-13-14
SECOND REPLY With SECOND SUPPLEMENT With REPLY To Response in RE NOM To RENEW Strunk V NYS Board of Elections Et Al. NYS SC Kings County Index No 6500-2011
WONDERS OF THE WAYBACK MACHINE Versus ST JUDE of Lost Causes Against The IRS in Re USDC District of CONN in Re Counterclaim Common Law Claim of Benjamin Green III V US and IRSs