Soldier Doubts Eligibilty, Defies President's Orders
'As an officer, my sworn oath to support and defend our Constitution requires this'
Posted: February 23, 2009
9:35 pm Eastern
By Bob Unruh
© 2009 WorldNetDaily
A U.S. soldier on active duty in Iraq has called President Obama an "impostor" in a statement in which he affirmed plans to join as plaintiff in a challenge to Obama's eligibility to be commander in chief.
The statement was publicized by California attorney Orly Taitz who, along with her Defend Our Freedom Foundation, is working on a series of legal cases seeking to uncover Obama's birth records and other documents that would reveal whether he meets the requirements of the U.S. Constitution.
"As an active-duty officer in the United States Army, I have grave concerns about the constitutional eligibility of Barack Hussein Obama to hold the office of president of the United States," wrote Scott Easterling in a "to-whom-it-may-concern" letter.
Obama "has absolutely refused to provide to the American public his original birth certificate, as well as other documents which may prove or disprove his eligibility," Easterling wrote. "In fact, he has fought every attempt made by concerned citizens in their effort to force him to do so."
Taitz told WND she had advised Easterling to obtain legal counsel before making any statements regarding the commander-in-chief, but he insisted on moving forward. His contention is that as an active member of the U.S. military, he is required to follow orders from a sitting president, and he needs – on pain of court-martial – to know that Obama is eligible.
Taitz said other legal cases questioning Obama's eligibility filed by members of the military mostly have included retired officers, and courts several times have ruled they don't have standing to issue their challenge.
Easterling, however, is subject to enemy fire and certainly would have a reason to need to know the legitimacy of his orders, she argued.
"Until Mr. Obama releases a 'vault copy' of his original birth certificate for public review, I will consider him neither my Commander in Chief nor my President, but rather, a usurper to the Office – an impostor," his statement said.
Easterling said he joined the Army at age 40 after working in Iraq as a contractor.
"I chose to work … to support my troops and then left that lucrative position when the Army raised its maximum enlistment age to 40. Upon completion of basic training, I entered Officer Candidate School and commissioned as a 2LT in August 2007. After completing the subsequent basic officer leadership courses, I was assigned to Ft. Knox and shortly thereafter deployed to Balad, Iraq," he wrote.
"I implore all service-members and citizens to contact their senators and representatives and demand that they require Mr. Obama prove his eligibility. Our Constitution and our great nation must not be allowed to be disgraced," he wrote.
Taitz said Easterling is among the plaintiffs she is assembling for a new legal action over Obama's eligibility. Others include a list of state lawmakers who also would be required in their official position to follow orders of the president.
"My conviction is such that I am compelled to join Dr. Orly Taitz's lawsuit, as a plaintiff, against Mr. Obama. As a citizen, it pains me to do this, but as an officer, my sworn oath to support and defend our Constitution requires this action," he said.
Easterling was "saluted" in a forum on Taitz' website.
"Lt. Easterling, As a retired US Army SFC, I salute you sir as a true American patriot and hero! Thank you for your unselfish service to our country. It is rare to find someone today with such moral courage to do the right thing regardless of repercussions," said one contributor.
Said another, "For your voluntary service to our country, we owe you a debt we can never pay."
As WND reported yesterday, U.S. Sen. Richard Shelby, R-Ala., said during a meeting with constituents in Cullman County he has never seen proof the new president was born in Hawaii.
"Well, his father was Kenyan and they said he was born in Hawaii, but I haven't seen any birth certificate," Shelby said. "You have to be born in America to be president."
Shelby's office later stated the senator is confident of Obama's vetting process, although it did not elaborate.
WND has reported on multiple legal challenges to Obama's status as a "natural born citizen." The Constitution, Article 2, Section 1, states, "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 lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, 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.
Here is a partial listing and status update for some of the cases over Obama's eligibility:
- New Jersey attorney Mario Apuzzo has filed a case on behalf of Charles Kerchner and others alleging Congress didn't properly ascertain that Obama is qualified to hold the office of president.
- 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.
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 Cohen 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.
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