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 Dateline: New Jersey 01/01/09  3:02 PM

  
 Gone but never forgotten 
 

  ChicagoTrust.net

Private Equity Placement

 

 

 
 
 In the garbage today are all the old 2008 calendars, probably right next to the investment statements. 
 
 Some statements are shredded, some ripped in frustration and some discarded intact but deemed totally useless by the investor. 
 
2008 saw the average stock mutual fund down 40% with 25.3% of that coming in the last quarter alone. Certainly,  a harbinger of 2009.   
 
The market saw 215b withdrawn in the last 11 months of the year and 72b of that was in October alone. 
  
 
But does 2009 bode any better? More than likely, indicators say, no. 
 
The coming 800b stimulus package will need to fight a global recession and soon to be creeping deflation. 
 
Many economists see this downward spiral ending mid-2010 but I don't. I see it as not recovering even marginally untill Q3 of 2011. And while many say it will be back, no one has shown the figures to support it. 
 
But I can unequivocally state that with another 4.8 million homes being foreclosed between now and the end of 2011, coupled with the implosion of much of the commercial properties, such as malls and resorts built in the last 7 yeras, (see: ThePhoenixStrategy) this economic trend will worsen. 
 
Conventional wisdom was exposed after so many years of appearing correct. 
 
The sage-like advice to diversify and stay the course simply didn't work.  Health-care funds, fell -24% for the year and they were the best-performing group. Communications was down -50.7%. 
 
Retirement target-date funds that mix stocks and bonds, were down -19.3% on average, but the funds with target dates ranging between 2000 and 2014 (which is the next five years) -show the retirement assets of those soon-to-be-retired....lost -22.9% . 
 
What to do? 
Private Equity Placement (www.ChicagoTrust.net) (www.ThePhoenixStrategy.com)
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  Dateline: New Jersey 1/7/09 11:10PM 
 
A Parade for Bernie 
 
  I was just thinking a bit how this economy has everyone so glum. Why just today, all the gains that were being called the 2009 market rally were wiped away. 
 
  So, a parade always makes everyone feel good and gets them toe tappin'. 
 
  Well, how about a parade for Bernie? Yes, Bernard Madoff, who was caught running the largest Ponzi scheme of all time. Supposedly, and this may be a low estimate, a 50 billion dollar scam! 
 
  But Bernie is like Avis-Rent-a-Car, he is only #2. 
 
  See, the real Ponzi King is our Federal Government, who has taken Social Security taxes and Medicare taxes, as taken from our paychecks and used them for major deficits. 
 
  They can dip into this fund and leave an I.O.U. with no one watching them. 
 
  The recent bailout cost U.S. taxpayers, some 900 billion when you add in the bailouts to Fannie Mae and Freddie Mac that were done before the 700 bilion major one. 
 
  How about a 50 year bail out plan? 
 
  Yes, folks for the Federal Gvernement to pay back what it has taken from what was supposed to be the trust fund for Social Security and Medicare, they would have to pay 900 billion for 50 years because their I.O.U.'s total 46 trillion dollars. 
 
  The incoming administration of Bee Bop Barack (The Kenyan) and his advisors warn that with his new economic stimulus plan, the deficit could rise to 1.2 trillion. 
 
  What? What 46 trillion? You think they count that? Nah! 
 
  They are going pay that back. How? Well, no one actually has a plan. But maybe the Magic Kenyan knows the answer. 
 
  Yeah, a guy who has no idea where a legitimate copy of his birth certificate is must have a good plan. 
 
  And just as 78 million baby boomers are approaching retirement, the Federal Government does not have the money to pay them what they thought they would be getting for paying in all those years. 
 
  Ever see one of those presentations about how much a billion really is? 
 
  Well, 46 trillion is more than has been collected in all taxes, since the start of our nation...233 years ago. 
 
  And you thought you were retiring. Silly wabbit! 
*********************************************************** 
 
 
  Dateline: New Jersey 1/10/08  9:20 AM      
 
2009 is here...now what? 
 
   Well, the now what is that before the Magic Kenyan even took office his own party's Congressional leaders are coming out publicly and statng that his tax cuts simply will not work (Democrat Budget Committe Chairman, Keith Conrad). 
 
  December saw 524,000 jobs lost from the employment sector to rise to a staggering 7.2% and more job figures to be out later today. 
 
  And hedge funds which lost 23% on average will see, at least, half of all hedge funds fail or liquidate in the first 5 months of the year. 
 
  Cannot wait t see he Magic's Kenyan's show. 
****************************************************************** 
  Dateline: New Jersey 1/11/09 5:24 PM 
 
Rally? 
 
   All the Obama people were talking about how the market would rally aftet the first of the year. When the first three days all had uptick figures it was proof-positive that the Magic Kenyan was going to straighten out America. 
 
   Well, the Wizard of Mombassa (that is where he was actually born and that is why he is ineligible to be President) apparently has coonvinced any market that he is the saviour because the Dow is down 560 poiints in the New Year. 
 
   Can they blame John McCain? Sure, it was because he went on the Letterman Show and probably spooked everyone. If it was not for that appearance, the economy would be rolling. 
 
   Maybe time for a Jacksonism, from that clown, whose only skill is in rhyming things. 
 
   Let's see. maybe...hmmnnnn... 
 
  " The astronomy of the economy can be in harmony and will bounce, back...if the world will listen to Barack. Once he ran, I knew he was the man with the plan. He is the Prophet of Profits. " 
 
  I wonder, if this knucklehead actually istens to how stupid he sounds when he does that rhyming thing. 
 
  No more finger pointing, the new administration is taking over the reins. No one left to blame when the ship hits the rocks. 
 
  I mean how long can they go on blaming someone else. 
 
  Now, that was dumb remark on my part. I must have forgotten all about the slavery thing of a couple of hundred years ago. 
************************************************************* 
  Dateline: New Jersey 1/14/09 4:39 PM 
Well, the market showing the Obama Confidence Index (OCI) dropped another 248 points today but maybe if the nation joins together, we won't be talking abot the OCI in another 30 days. 

Another case challenging Barack Obama's eligibility to be president has been turned back by the U.S. Supreme Court, but the man who brought it, Philip J. Berg, said the issue won't disappear.  

"I am committed to keep our efforts going to continue litigation until the truth of Obama being 'not qualified' for president comes out. The Obama candidacy is the biggest 'HOAX' ever put forth to the citizens of the United States in 230 years," Berg said in a statement today confirming the latest arguments submitted to the high court weren't given a further hearing.  

According to Berg's statement, his case was dealt with at a conference among the justices Friday.  

(Story continues below) 

 

  

 

  

WND has reported on the long series of legal cases challenging Obama's eligibility to occupy the Oval Office based on questions and allegations about his birth place that could disqualify him because of the Constitution's demand that the president be a "natural born" citizen.  

"In addition to the current case in the U.S. Supreme Court, we have or will have … a case filed two months ago captioned Berg vs. Obama," Berg's statement said.  

Join the campaign to urge the Supreme Court to take the eligibility question seriously by FedExing the justices.  

He said that case remains "under seal," and he isn't commenting on it.  

Another case, Berg pointed out, Hollister vs. Barry Soetoro a/k/a Barack Hussein Obama, also is pending in the U.S. District Court for the District of Columbia. The suit by a retired U.S. Air Force colonel raises the issue of whether military personnel would be required to obey an order from Obama if the commander-in-chief is not qualified to hold office.  

Several other cases also remain pending, including a motion on an issue related to Berg's case scheduled for a Supreme Court conference Friday. A conference on yet another case is scheduled Jan. 23, which means the dispute will follow Obama into the White House, since his inauguration is Jan. 20.  

"If Obama is sworn in as president, we will file a Petition for Writ of 'Quo Warranto,' a case that will challenge Obama as being ineligible to serve as president because he is 'not qualified,'" Berg said.  

Berg said Obama simply should hold a news conference and affirm, "Because of things in my background, I cannot be sworn in as president."  

Berg, whose information is on his ObamaCrimes.com website, said he was concerned by the court's most recent decision.  

"I am disappointed for the 300-plus million U.S. citizens, our 'forefathers' and for the tens of thousands that have died defending 'our' Constitution," he said.  

"Obama is setting himself up to be blackmailed and perhaps he is already being blackmailed," said Berg. "He was the candidate for 'change,' but look at his cabinet – 70 percent from President Clinton's days and how about his Secretary of Defense, Gates. Give me a break!"  

The court earlier denied full hearings to cases brought by Cort Wrotnowski and Leo Donofrio. But following a pending hearing on a related issue to Berg's case this Friday, a conference also is scheduled Jan. 23 on the case Gail Lightfoot et al v. Debra Bowen, California Secretary of State.  

The Lightfoot case is being handled by Orly Taitz, who said the issue is significant.  

"Each and every member of the U.S. Congress and Senate owes it to 320 million American citizens to do his due diligence and demand all necessary records," she said.  

Taitz said her case was rejected by the California Supreme Court with a single-word decision, "Denied." Her arguments, she said, rest on precedents from both the California Supreme Court, which years ago removed a candidate for president from the ballot because he was only 34, and the U.S. Supreme Court's affirmation of that ruling.  

"We'll see what happens," she told WND. "This is not going to go away."  

There have been no substantive answers to date about the questions raised, and Obama has decided, for whatever reason, not to release a bona fide copy of his original birth certificate in its complete form.  

The lawsuits allege Obama does not meet the "natural born citizen" clause of the U.S. Constitution, Article 2, Section 1, which reads, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President."  

Some allege his birth took place in Kenya, and his mother was a minor at the time of his birth – too young to confer American citizenship. They argue Obama's father, Barack Obama Sr., was a Kenyan citizen subject to the jurisdiction of the United Kingdom at the time and would have handed down British citizenship.  

Where's the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, join more than 200,000 others and sign the petition demanding proof of eligibility now! 

There also are questions raised about Obama's move to Indonesia when he was a child and his attendance at school there when only Indonesian citizens were allowed and his travel to Pakistan in the '80s when such travel was forbidden to American citizens.  

Last month, WND reported similar concerns raised in a separate lawsuit filed in California.  

"Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void," argues a case brought on behalf of Ambassador Alan Keyes, also a presidential candidate. "Americans will suffer irreparable harm in that (a) usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal."  

Because of the high stakes, WND earlier launched a letter campaign to contact Electoral College members and urge them to review the controversy.  

The effort followed a campaign that sent more than 60,000 letters by overnight delivery to the U.S. Supreme Court when one case contesting Obama's eligibility for the Oval Office was pending.  

A separate petition, already signed by more than 200,000 also is ongoing, asking election authorities to seek proof Obama was born in the U.S. or that he fulfills the natural born citizen clause in the Constitution.  

WND senior reporter Jerome Corsi went to both Kenya and Hawaii prior to the election to investigate issues surrounding Obama's birth. But his research and discoveries only raised more questions. 

The biggest question was why, if a Hawaii birth certificate exists as his campaign has stated, Obama hasn't simply ordered it made available to settle the rumors. 

The governor's office in Hawaii said there is a valid certificate but rejected requests for access and left ambiguous its origin: Does the certificate on file with the Department of Health indicate a Hawaii birth or was it generated after the Obama family registered a Kenyan birth in Hawaii? An online image of a "Certification of Live Birth" posted by the Obama campaign  has been dismissed as irrelevant since the state of Hawaii at the time granted such certificates to parents whose children were not born in Hawaii. 

  

 
****************************************************************************
Dateline: New Jersey 1/15/08 12:40PM 
 
Financial Armageddon 
 
  • The Dow is now in the 7,000 range again. 
  • JP Morgan's profits are down 76% from a year ago. 
  • Bank of America is dumping its stock in blocks in pre-dawn trading. 
  • And CitiGroup which merged its bokerage division with Morgan Stanley will see the rest of its empire gone by years end. There will be no more CitiGroup in the year 2010 and this is after the Federal Government pumped 245M into it. 

*****************************************************

Dateline: NEW jERSEY 1/18/09  Right before Eagles Kick Off 

 

This has not gone away but THe Kenyan will. Gone by April.
 

© 2009 WorldNetDaily

 

 

Officials at Occidental College in Los Angeles, Calif., have been served with a demand to produce records concerning Barack Obama's attendance there during the 1980s because they could document whether he was attending as a foreign national – in one of three fronts now established by those contesting the president-elect's constitutional eligibility for the Oval Office.

The Supreme Court and Congress also both are being challenged to address the worries that Obama doesn't meet the requirements of the U.S. Constitution that the president be a "natural born" citizen.

WND has reported on a long list of legal cases raising questions over the issue, and several of those have reached the U.S. Supreme Court already. Justices have so far declined to give any of the cases full hearings on their merits, but another conference remains on the Supreme Court docket for Jan. 23 on the issue.

"If Obama is sworn in as president, we will file a Petition for Writ of 'Quo Warranto,' a case that will challenge Obama as being ineligible to serve as president because he is 'not qualified,'" said Philip J. Berg, a lawyer who has brought several cases to court. Berg, whose information is on his ObamaCrimes.com website, indicated the issue isn't going away.

Orly Taitz, a California  lawyer whose dispute remains pending before the high court, agreed, noting that one of the hearings already is scheduled for the days following Obama's inaugural on Tuesday.

Taitz said her arguments rest on precedents from both the California Supreme Court, which years ago removed a candidate for president from the ballot because he was only 34, and the U.S. Supreme Court's affirmation of that ruling. The Constitution requires a president to be 35.

In one of the latest developments, Gary Kreep of the United States Justice Foundation petitioned Occidental College with a demand for its records concerning Obama.

"The gravamen of the petition is the question as to whether United States Senator Barack Hussein Obama, of Illinois, is eligible to serve as president of the United States pursuant to the requirements for that office in the Untied States Constitution," he wrote. "The records sought may provide  documentary evidence, and/or admissions by said defendant, as to said eligibility or lack thereof."

Where's the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, join more than 200,000 others and sign the petition demanding proof of eligibility now! 

College officials confirmed they had gotten the notice, but had not decided how to respond, a decision that may be removed from their hands because of the team of lawyers Obama has engaged to prevent such inquiries into his past.

"Senator Obama has filed responsive pleadings in this matter and is represented by counsel, and has the opportunity to object to this production, should he so desire," the affidavit from Kreep said.

"Good cause exists for this production under Subpoena Duces Tecum, in that testimony will be elicited from the original records obtained through the witness named herein, and there is no other process available to secure said testimony," he wrote.

The lawsuits allege in various ways Obama does not meet the "natural born citizen" clause of the U.S. Constitution, Article 2, Section 1, which reads, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the  Adoption of this Constitution, shall be eligible to the Office of President."

Some allege his birth took place in Kenya, and his mother was a minor at the time of his birth – too young to confer American citizenship. They argue Obama's father, Barack Obama Sr., was a Kenyan citizen subject to the jurisdiction of the United Kingdom at the time and would have handed down British citizenship.

There also are questions raised about Obama's move to Indonesia when he was a child and his attendance at school there when only Indonesian citizens were allowed and his  travel to Pakistan in the '80s when such travel was forbidden to American citizens.

The lawsuit on which USJF is working was filed on behalf of presidential candidate Alan Keyes and others, and describes the potential damage an ineligible president could create.

"Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void," argues a case brought on behalf of Ambassador Alan Keyes, also a presidential candidate. "Americans will suffer irreparable harm in that (a) usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal."

On his ObamaCrimes.com website, Berg sent his message directly to the U.S. Congress.

He's asking in an open letter to members of Congress for congressional hearings "to determine the truth regarding qualifications of Barry Soetoro, otherwise known as Barack Hussein Obama…"

"As you must be aware, there are many unresolved questions concerning Soetoro/Obama's status or lack thereof, as a 'natural born' American citizen, as required by 'our' U.S. Constitution," he wrote.

He noted the failure by Congress to challenge Obama's eligibility during the process through which the Electoral College vote was adopted.

"Because of your failure to 'question' the eligibility of Soetoro/Obama, we are headed for a 'Constitutional Crisis.' Yes, a 'Constitutional Crisis' because Soetoro/Obama who appears not to be a 'natural born' U.S. citizen is 'ineligible' under 'our' U.S. Constitution to serve as president," he said.

He cited the document published on the Internet by Obama's campaign, the "Certification of Live Birth," as no more than an effort to "quash" questions. Other critics have noted the state of Hawaii granted such certifications to parents of children not born in the state at the time.

"Without truthful information concerning Soetoro/Obama's eligibility to serve as President, 'We the People' have been injured," he wrote.

Taitz took a different route, submitting to the U.S. Supreme Court a motion "to declare that by default, the president elect respondent Barack Obama has failed to qualify under [the] U.S. Constitution."

"Does the burden of proof lie with the petitioner to prove standing and evidence lack of qualification by a candidate/president elect, where election officers rely on a candidate's declaration? OR does the [Constitution] place the burden of proof on the president-elect to provide objective government certified witnessed proofs, with election officers under oath to challenge, examine and declare that the president elect has or has not qualified, enforceable by petition for redress of grievances?"

Not only has the respondent, Obama, "failed to submit proofs … for any of the qualifications," she wrote. "Respondent has hindered discovery."

She argued that having Obama declared ineligible until he would provide documentation would "cause far less political trauma" than allowing his inauguration because it would uphold the constitution.

She also raised the issue of the concealment of Obama's records.

"Obama has refused to submit certified copies of any of his original long form 'vault' birth certificates in Hawaii to any public officer or to any Petitioner. Relevant records in Kenya have also been officially restricted," she said. "Obama has sealed all educational records which might reveal his stated citizenship. These include Punahou High School, Occidental College, Columbia University, and Harvard Law School."

Her letter included a warning, too.

"Thirty-three democracies descended into tyranny during the 20th century by failing to uphold constitutional protections," she said. "Petitioner humbly prays this Court evaluate the Petitioner's case in context of how best to enforce restrictive qualifications for president to preserve the Constitution and Republic from tyranny."

WND twice has organized opportunities for readers to send FedEx letters to the Supreme Court, asking for consideration of the issue on its merits.

The most recent campaign generated 12,096 messages, following the earlier effort that resulted in 60,128 letters.

Obama has claimed in his autobiography and elsewhere that he was born in Hawaii in 1961 to parents Barack Hussein Obama Sr., a Kenyan national, and Stanley Ann Dunham, a minor. But details about which hospital handled the birth and other details provided on the complete birth certificate have been withheld by Obama despite lawsuits and public demands for release.

WND senior reporter Jerome Corsi went to both Kenya and Hawaii prior to the election to investigate issues surrounding Obama's birth. But his research and discoveries only raised more questions.

The biggest question was why, if a Hawaii birth certificate exists as his campaign has stated, Obama hasn't simply ordered it made available to settle the rumors.

The governor's office in Hawaii said there is a valid certificate but rejected requests for access and left ambiguous its origin: Does the certificate on file with the Department of Health indicate a Hawaii birth or was it generated after the Obama family registered a Kenyan birth in Hawaii?

***********************************************************************

Dateline: New Jersey 1/19/08 4:03 PM

A once in a lifetime event

  THe bear market of 1972-1974, which surrounded the term OPEC which was the first time we heard the word embargo since studying Colonial history in 5 th. grade, was hailed as a once in a lfetime event.

  A lifetime must be somewhere around 35 years because we have a market that dwarfs the one of the early 70's.

  This will last for years. Stocks can go lower but not much higher than the low 8,000 range we are seeing.

  If you ever ran a historical persepective of the 200 years of the stock market it is a straight line appreciation of almost 7% annually.

  Now we are making history...and not good history.

*************************************************************

 Dateline: New Jersey 1/24/09 1:00 PM

 A True Kenyan...

Since its inception in 1953, every new president has attended The Salute to Heroes Inaugural Ball – until now.

The ball was created for President Dwight Eisenhower's inauguration to honor recipients of the Medal of Honor, the nation's highest military award. The event is sponsored by the American Legion and co-sponsored by 13 other veteran's service organizations, including the Paralyzed Veterans of America and the Military Order of the Purple Heart.

And while 48 of the nation's 99 living recipients of the Medal of Honor attended the event, reports the Cleveland Leader and various self-attested attendees of the ball, newly sworn-in President Barack Obama became the first president in 56 years to skip out on the ceremony.

But the first Presidential order that this guy signed in his administration was to close the prison at Guantanamo Bay because he felt the Muslim prisoners there, were mistreated.

Anyone who voted for him should be ashamed.

**********************************************************

Dateline: New Jersey January 27, 2009 6:30 AM

The " N " Word

  Look, it has been painfully obvious that The Kenyan has been treated with kid gloves by the Democratic press and been given a free pass from being hoisted on the pitard for not disclosing valid documents about his past, his lack of an actual plan, and his constant rhetoric about " change ".

  His adminstration will get a pass on everything too and I think it is high time someone played the " race card " AND used the " N " word.

  And while the ramifications may be great, I am ready to assume that mantle in a national forum and unequivocally, unrepententingly and unabashedly say: " Everyone needs to "race " to their e-mail and demand that the Federal Government invokes the " N " word and nationalizes the banks."

   $350b had been put in the hands of the 13 largest banks to begin a lending platform, once again, and all these banks have just horded the cash and given out huge bonuses to, these clowns who put us taxpayers in this mess in the first place.

  Nationalize, nationalize, nationalize. There I have said it three times in a row and anything you say three times wil become a mantra and a habit.

     Now, let your representatives in Washington know how you feel about this nonsense.

*********************************************************

Dateline: New Jersey January 29, 2009   1:51 PM

The Scamming of America

The cataclysm on Wall Street did not stop New York City-based employees from collecting $18.4 billion in bonuses for 2008.

But whether its John Thain's rationale for paying Merrill employees accelerated bonuses, Citigroup's purchase of a $50 million corporate jet  etc.

Of course, what's most sickening to the vast majority of Americans is these bonuses were paid with our tax dollars. The rationale that "bonuses must be paid or we'll lose our best people" doesn't hold water.

Who are these best people and where we would they be " lost " to? Is there another Wall Street? God, I hope not!

Since Wall Street is clearly incapable of policing itself, the biggest question now is whether the Obama administration, Congress and Treasury Secretary Geithner will summon the political will and do the right thing -- attach major strings on future bailouts, including:

  • Severe limitations on bonuses and executive pay at TARP recipients.
  • Elimination of dividends paid by TARP recipients.
  • Force banks to write-down bad debts before injecting capital, a.k.a. The Swedish Solution.
  • ******************************************************** 

 Dateline: New Jersey 1/30/09   2:05 pm

The Kenyan's first official signed order closed GITMO that houses Muslim prisoners but he DID NOT have time to attend the innagural ball for Medal of Honor winners. Remember that folks and let everyone know!!!

Obama Made a Rash Decision on Gitmo  

The president will soon realize that governing involves hard choices. 

By  JOHN YOO 

During his first week as commander in chief, President Barack Obama ordered the closure of Guantanamo Bay and terminated the CIA's special authority to interrogate terrorists. 

 

While these actions will certainly please his base -- gone are the cries of an "imperial presidency" -- they will also seriously handicap our intelligence agencies from preventing future terrorist attacks. In issuing these executive orders, Mr. Obama is returning America to the failed law enforcement approach to fighting terrorism that prevailed before Sept. 11, 2001. He's also drying up the most valuable sources of intelligence on al Qaeda, which, according to CIA Director Michael Hayden, has come largely out of the tough interrogation of high-level operatives during the early years of the war. 

The question Mr. Obama should have asked right after the inaugural parade was: What will happen after we capture the next Khalid Sheikh Mohammed or Abu Zubaydah? Instead, he took action without a meeting of his full national security staff, and without a legal review of all the policy options available to meet the threats facing our country. 

What such a review would have made clear is that the civilian law-enforcement system cannot prevent terrorist attacks. What is needed are the tools to gain vital intelligence, which is why, under President George W. Bush, the CIA could hold and interrogate high-value al Qaeda leaders. On the advice of his intelligence advisers, the president could have authorized coercive interrogation methods like those used by Israel and Great Britain in their antiterrorism campaigns. (He could even authorize waterboarding, which he did three times in the years after 9/11.) 

Mr. Obama has also ordered that all military commission trials be stayed and that the case of Ali Saleh al-Marri, the only al Qaeda operative now held on U.S. soil, be reviewed. This seems a prelude to closing the military commissions down entirely and transferring the detainees' cases to U.S. civilian courts for prosecution under ordinary criminal law. Military commission trials have been used in most American wars, and their rules and procedures are designed around the need to protect intelligence sources and methods from revelation in open court. 

It's also likely Mr. Obama will declare terrorists to be prisoners of war under the Geneva Conventions. The Bush administration classified terrorists -- well supported by legal and historical precedent -- like pirates, illegal combatants who do not fight on behalf of a nation and refuse to obey the laws of war. 

The CIA must now conduct interrogations according to the rules of the Army Field Manual, which prohibits coercive techniques, threats and promises, and the good-cop bad-cop routines used in police stations throughout America. Mr. Obama has also ordered that al Qaeda leaders are to be protected from "outrages on personal dignity" and "humiliating and degrading treatment" in accord with the Geneva Conventions. His new order amounts to requiring -- on penalty of prosecution -- that CIA interrogators be polite. Coercive measures are unwisely banned with no exceptions, regardless of the danger confronting the country. 

Eliminating the Bush system will mean that we will get no more information from captured al Qaeda terrorists. Every prisoner will have the right to a lawyer (which they will surely demand), the right to remain silent, and the right to a speedy trial. 

The first thing any lawyer will do is tell his clients to shut up. The KSMs or Abu Zubaydahs of the future will respond to no verbal questioning or trickery -- which is precisely why the Bush administration felt compelled to use more coercive measures in the first place. Our soldiers and agents in the field will have to run more risks as they must secure physical evidence at the point of capture and maintain a chain of custody that will stand up to the standards of a civilian court. 

Relying on the civilian justice system not only robs us of the most effective intelligence tool to avert future attacks, it provides an opportunity for our enemies to obtain intelligence on us. If terrorists are now to be treated as ordinary criminals, their defense lawyers will insist that the government produce in open court all U.S. intelligence on their client along with the methods used by the CIA and NSA to get it. A defendant's constitutional right to demand the government's files often forces prosecutors to offer plea bargains to spies rather than risk disclosure of intelligence secrets. 

Zacarias Moussaoui, the only member of the 9/11 cell arrested before the attack, turned his trial into a circus by making such demands. He was convicted after four years of pretrial wrangling only because he chose to plead guilty. Expect more of this, but with far more valuable intelligence at stake. 

It is naïve to say, as Mr. Obama did in his inaugural speech, that we can "reject as false the choice between our safety and our ideals." That high-flying rhetoric means that we must give al Qaeda -- a hardened enemy committed to our destruction -- the same rights as garden-variety criminals at the cost of losing critical intelligence about real, future threats. 

Government policy choices are all about trade-offs, which cannot simply be wished away by rhetoric. Mr. Obama seems to have respected these realities in his hesitation to end the NSA's electronic surveillance programs, or to stop the use of predator drones to target individual al Qaeda leaders. 

But in his decisions taken so precipitously just two days after the inauguration, Mr. Obama may have opened the door to further terrorist acts on U.S. soil by shattering some of the nation's most critical defenses. 

Mr. Yoo is a law professor at the University of California, Berkeley and a visiting professor at Chapman Law School. He was an official in the Justice Department from 2001-03 and is a visiting scholar at the American Enterprise Institute.

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Dateline: New Jersey  January 31, 2009 8:06 AM

Congress sued to remove prez from White House

'Defendants had to ensure the Constitution is upheld'


A new lawsuit is challenging Barack Obama's eligibility to be president, and this one targets Congress as a defendant for its "failure" to uphold the constitutional demand to make sure Obama qualified before approving the Electoral College vote that actually designated him as the occupant of the Oval Office.

The new case raises many of the same arguments as dozens of other cases that have flooded into courtrooms around the nation since the November election.

It is being brought on behalf of Charles F. Kerchner Jr., Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelson Jr. and names as defendants Barack Hussein Obama II, the U.S., Congress, the Senate, House of Representatives and former Vice President Dick Cheney along with House Speaker Nancy Pelosi.

Where's the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, join more than 193,000 others and sign up now!

As WND has reported, dozens of lawsuits have been filed over Obama's eligibility to assume the office of the president. Many have been dismissed while others remain pending.

The cases, in various ways, have alleged Obama does not meet the "natural born citizen" clause of the U.S. Constitution, Article 2, Section 1, which reads, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President."

Some of the legal challenges have alleged Obama was not born in Hawaii, as he insists, but in Kenya. Obama's American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.

Other challenges have focused on Obama's citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.

Several details of Obama's past have added twists to the question of his eligibility and citizenship, including his family's move to Indonesia when he was a child, his  travel to Pakistan in the '80s when such travel was forbidden to American citizens and conflicting reports from Obama's family about his place of birth.

Perhaps the most perplexing detail, however, has been Obama's refusal to allow the public release of a signed "vault" copy of his original birth certificate.

The new case was launched in New Jersey, and focuses on the alleged failure in Congress to follow the Constitution.

That  document, the lawsuit states, "provides that Congress must fully qualify the candidate 'elected' by the Electoral College Electors."

In provides, the lawsuit said, "If the president-elect shall have failed to qualify, then the vice president elect shall act as president until a president shall have qualified."

"There existed significant public doubt and grievances from plaintiffs and other concerned Americans regarding Obama's eligibility to be president and defendants had the sworn duty to protect and preserve the Constitution and specifically under the 20th Amendment, Section 3, a Constitutional obligation to confirm whether Obama, once the electors elected him, was qualified."

"Congress is the elected representative of the American people and the people speak and act through them," the lawsuit said.

The defendants "violated" the 20th Amendment by failing to assure that Obama meets the eligibility requirements," the lawsuit said.

In the Russian publication Pravda, commentator Mark S. McGrew addressed the subject:

"The United States Congress is required, under the U.S. Code of Federal Regulations, to count the Electoral College votes for president and vice president, ask if any member of Congress objects to the count and hear that Congressman's objection. This is under Title 3, Chapter 1, Section 15, 'Upon such reading of any such certificate of  paper, the president of the Senate shall call for objections, if any,'" he wrote.

Several of the cases – including those brought by Orly Taitz, Cort Wrotnowski, Leo Donofrio and Philip Berg, already have been heard in conference at the U.S. Supreme Court, which has failed to have a hearing on any of the merits involved.

Taitz, in fact, is requesting information from the Supreme Court about a meeting eight of its justices held with Obama, a defendant in her case, before the justices reviewed the issues of the case in a private conference.

Several of the cases not scheduled for hearings at the Supreme Court still remain active at lower court levels, from which emergency requests to the high court were launched.

"I know that Mr. Obama is not a constitutionally qualified natural born citizen and is ineligible to assume the office of president of the United States," Berg said in a statement on his ObamaCrimes.com website.

"Obama knows he is not 'natural born' as he knows where he was born and he knows he was adopted in Indonesia; Obama is an  attorney, Harvard Law grad who taught Constitutional law; Obama knows his candidacy is the largest 'hoax' attempted on the citizens of the United States in over 200 years; Obama places our Constitution in a 'crisis' situation; and Obama is in a situation where he can be blackmailed by leaders around the world who know Obama is not qualified," Berg's statement continued.

A partial listing and status update for several of the cases surrounding Obama's eligibility to serve as president is below:

  • Philip J. Berg, a Pennsylvania Democrat, demanded that the courts verify Obama's original birth certificate and other documents proving his American citizenship. Berg's latest appeal, requesting an injunction to stop the Electoral College from selecting the 44th president, was denied.

  • Leo Donofrio of New Jersey filed a lawsuit claiming Obama's dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court  but denied a full hearing.
  • Cort Wrotnowski filed suit against Connecticut's secretary of state, making a similar argument to Donofrio.  His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.
  • Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and  lawyers are seeking the public's support.
  • Chicago  attorney  Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama's vital statistics record. The case was dismissed by Hawaii Circuit Court  Judge Bert Ayabe.

  • Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama's eligibility could be confirmed, alleging doubt about Obama's citizenship. His case was denied.

  • In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.

  • In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama's citizenship. The case was denied.

  • In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama's birth certificate. His request for an injunction against Georgia's secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.
  • California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters.

Private investigator Douglas Hagmann of HomelandSecurityUS.com  reported earlier he found 13 cases challenging Obama's eligibility still active or semi-active.

In addition, other cases cited on the RightSideofLife blog as raising questions about Obama's eligibility include:

  • In Texas, Darrel Hunter vs. Obama later was dismissed.

  • In Ohio, Gordon Stamper vs. U.S. later was dismissed.

  • In Texas, Brockhausen vs. Andrade.

  • In Washington, L. Charles vs. Obama.

  • In Hawaii, Keyes vs. Lingle, dismissed. 

WND senior reporter Jerome Corsi had gone to both Kenya and Hawaii prior to the election to investigate issues surrounding Obama's birth. But his research and discoveries only raised more questions.

The biggest question was why, if a Hawaii birth certificate exists as his campaign has stated, Obama hasn't simply ordered it made available to settle the rumors.

The governor's office in Hawaii said there is a valid certificate but rejected requests for access and left ambiguous its origin: Does the certificate on file with the Department of Health indicate a Hawaii birth or was it generated after the Obama family registered a Kenyan birth in Hawaii?

Obama's half-sister, Maya Soetoro, has named two different Hawaii hospitals where Obama could have been born. There have been other allegations that Obama actually was born in Kenya during a time when his father was a British subject. A one point a Kenyan ambassador said Obama's birth place in Kenya already was recognized and honored.