Alan Keyes files lawsuit over Barack Obama’s eligibility to serve as President

Posted at Ballot Access News

On November 13, Alan Keyes and his vice-presidential running mate in California, Reverend Wiley Drake, and other members of the American Independent Party, filed a new lawsuit over Barack Obama’s eligibility to be president. Keyes v Bowen, Superior Court, Sacramento, 34-2008-80000096-cu-wm-gds.

Unlike other lawsuits about the eligibility of either John McCain or Obama to serve as president, this case has a presidential candidate plaintiff. All the other cases have been dismissed because the plaintiffs were said to lack standing. This is the first case with a presidential candidate-plaintiff.

In Fulani v Hogsett, in 1990, the 7th circuit ruled that presidential candidates do have standing to challenge the ballot placement of other presidential candidates. However, that case involved the issue of which presidential candidates’ names should be printed on a ballot. That is different than the new Keyes case, because the November election is over, and no one argues that the individual presidential elector candidates themselves are not eligible. The lawsuit asks that the California Secretary of State not certify the election returns for president until the plaintiffs receive the evidence they seek about the factual dispute.

Electors chosen on November 4 will convene in state capitols on December 15 to choose the president and vice-president.

59 thoughts on “Alan Keyes files lawsuit over Barack Obama’s eligibility to serve as President

  1. Libertarian Joseph

    Good, Keyes. You made me proud when you fucked Baldwin over. Keep up the good work!

  2. Andy Craig

    Alan Keyes lost the last scraps of dignity long ago. Pulling crap like this is all he has.

  3. Libertarian Joseph

    …just giving credit where credit is due.

    Baldwin couldn’t even surpass 04 numbers!

  4. NewFederalist

    Baldwin has already surpassed Peroutka’s 2004 numbers by over 30,000 votes despite not being on the ballot in CA. Check the facts before you make incorrect statements. There are still many write-ins to be counted.

  5. Libertarian Joseph

    but I’m confused…. why should I make incorrect statements AFTER checking the facts? Why would you even suggest such a thing? lol

  6. Galileo Galilei

    Keyes is right on this one, Obama was born in Kenya and is not a natural born U.S. citizen.

    Here’s the proof:

    Constitutional Crisis brought to you by the New World Order?

    Alex Jones welcomes former Pennsylvania Deputy Attorney General Philip Berg to discuss the results of Berg’s investigation (and resulting law suits, one currently before the Supreme Court) which led him to conclude that President Elect Barrack Obama is not a natural born citizen of the United States and thus is not qualified under the United States Constitution to hold the position of Chief Executive Officer.

    http://www.radiodujour.com/people/berg_philip/index.shtml

  7. Andy Craig

    Barack Obama’s mother was an American citizen. It doesn’t matter if he was born in Hawaii, Kenya, or on the moon, he’s a natural-born citizen.

    This kind of insanity is just a waste of time and resources that keeps you on the fringes of American politics.

  8. Andy Craig

    It depends on how broad your definition of “socialist” is, and there’s no objective truth on that, but that has absolutely nothing to do with whether or not he’s Constitutionally eligible. Just because Obama’s going to pursue bad policies doesn’t mean you’re justified in making up such blatant bullshit as “Obama isn’t a natural-born citizen”.

  9. Libertarian Joseph

    I’m a troll for debating with people, Paulie? What a jackass you are. The last 20 of our posts has been just a bunch of slanderous posts towards me without any relevance to the various articles.

  10. Catholic Trotskyist

    Yes, Obama is a socialist, more than you even know. However, he will gain the support of the religious by combining socialism and religion, the way it was meant to be.

  11. paulie cannoli Post author

    GE,

    Good article. However, one thing I views as an error:

    Socialism is defined as an economic system wherein the means of production and distribution are collectively owned, typically by a monopoly government. Politically, a socialist state can be democratic, dictatorial or anything in between: contrary to popular belief, the method in which leaders are chosen is not an element of socialism.

    [..]

    But social democracy differs from socialism in that it leaves at least nominal ownership of industry in private hands, while heavily regulating, subsidizing and managing various sectors of the economy in pursuit of social goals.

    Social democracy is a socialist or socialist-leaning economic system, plus democracy. As you correctly point out in the first quoted paragraph, democracy is not a necessary element of socialism. Typically the difference between social democracy and democratic socialism is one of emphasis.

    The economic system in your second paragraph is fascism, not social democracy. There are other elements of fascism besides the economic, and fascism typically eschews democracy, so perhaps “democratic fascism”?

  12. Libertarian Joseph

    There is enough sufficient democracy in capitalism. In the economy, with your money.

  13. PRSmith

    “Does anyone think this will do anything? There’s no point in doing this.”

    Of course there’s a point! The Constitution sets out guidelines as to who can be POTUS. If Obama doesn’t meet those guidelines, he is not only not our President, he is a Felon! We have a right to know one way or the other.

  14. Trent Hill

    But he DOES meet the guidelines. His mother was a citizen–so it doesnt matter WHERE he was born.

  15. gaflat

    His mother was a citizen–so it doesnt matter WHERE he was born.

    Incorrect.

    “Natural born” is a constitutional requirement, however, the definition of what “natural born” means is made by statute.

    At the time of Obama’s birth this definition was established in the Immigration & Nationality Act of 1952 (amended in 1994). This required that natural citizenship claimed through parental lineage must have at least one parent who was a citizen of the US for at least five years upon attaining the age of 14. Obama’s mother was 18 when Obama was born and not a citizen for 5 years past the age of 14; his father was a Kenyan citizen. Therefore, he is only a natural born citizen if he was born on the physical territory of the United States.

    Natural citizenship through parental lineage does not apply in the case of Obama due to a peculiarity in statutory law from 1952 to 1994. This is a fact not in dispute.

  16. darolew

    “Social democracy is a socialist or socialist-leaning economic system, plus democracy. […] Typically the difference between social democracy and democratic socialism is one of emphasis. “

    Keep in mind, most of the European ‘socialist’ parties and all of the ‘social democratic’ parties now advocate a mixed economy. There are very few who still advocate real socialism — it’s too unpopular and doesn’t work, and they know it.

    “The economic system in your second paragraph is fascism, not social democracy. There are other elements of fascism besides the economic, and fascism typically eschews democracy, so perhaps “democratic fascism”?”

    I don’t think democratic fascism is a good descriptor. The second paragraph describes economic fascism, but is missing most other elements — nationalism, racism, and as you mentioned, dictatorship.

    Economic fascism isn’t really too different from the heavily mixed economy approach of the social democrats.

  17. gaflat


    Californians didn’t elect Obama, though; they elected 55 electors. Even if this claim has merit, it would seem to me that they have the right to vote for whomever they please,

    A judge can not administer an oath of office to a person who does not have the required qualifications to serve in that office. If a California Superior Court held that Obama was not a US citizen and blocked the certification of Obama’s California electors, a second lawsuit by a Keyes confederate in federal court seeking a writ of certiorari of the Superior Court’s decision should force a binding judgment on Obama’s qualifications and, though electors could vote for whomever they wanted, the absence of a President who had received a legal oath of office would give the presidency to Joe Biden.

  18. paulie cannoli Post author

    Comments at BAN

    ———————————————————

    26 Responses to “Alan Keyes Files Lawsuit Over Obama Eligibility”

    1. J. Scott Davis Says:
    November 16th, 2008 at 10:46 am

    Obama was simply asked to provide proper documents to declare that he is an American citizen. Oftentimes, when someone hides something, they have something to hide. We may soon findout that Obama was actually born in Kenya and had citizenship changed, as a minor child, to Indonesia. Thus, he could very well be ineligible to serve as President.
    2. Kris Overstreet Says:
    November 16th, 2008 at 11:43 am

    Obama DID provide proper documents to declare that he is an American citizen. He even had his Hawaii birth certificate posted publicly to the Internet.

    Not that that matters: as the child of an American citizen, he himself would be and is a natural born American citizen until and unless he himself, as an adult, renounced that citizenship. It doesn’t matter where he was born, provided that at least one parent was a citizen- as his mother was.

    If Keyes doesn’t have better grounds to challenge Obama than that- and how about telling us what grounds he’s suing on?- then his case will get thrown out summarily without hearing, just like all the others.
    3. Ed Senteno Says:
    November 16th, 2008 at 12:15 pm

    Is there a link to the text of the Keyes suit? Clearly the issue must be resolved. That would do more good for this country. Trust: sine qua non.
    4. IC Dogg Says:
    November 16th, 2008 at 12:52 pm

    There is a point when kooky crosses the line into insane, and Keyes has done just that.

    There is no reason to believe that Obama is not a natural born American citizen other than some people really, really, really want it to be otherwise. It’s pure crazy talk.

    I don’t see the point of arguing with insane people any longer. What you have to believe combined with what you have to ignore, in order to doubt his natural citizenship, is the height of contrived nonsense.
    5. Phil Sawyer Says:
    November 16th, 2008 at 12:56 pm

    Mr. Keyes should let this one go. If President-Elect Barack Obama was to be denied taking office, there would be a Revolution in this country.
    6. Ken Sturgis Says:
    November 16th, 2008 at 1:38 pm

    To Phil Sawyer, Is the Revolution you speak of really a revolution or are you refering to violence and riots. This threat of riots I believe is the reason the media will not cover this story. Are we going to let fear overcome the law? If Obama is not constiutionally eligble then the constiution must be defended. I make no claim that the allegations against Mr. Obama are true or false. I do think we are entitled to ask him produce his 1961 birth certificate and supporting hospital records, cosidering the circumstances. We have 17 lawsuits against the President Elect and nothing on the nightly or cable news.
    7. Stine Says:
    November 16th, 2008 at 1:56 pm

    Keyes is crazier than Nader. His lawyer is the same.

    In the filing, the only time they use anyone’s middle name is in reference to President-Elect Obama. I’m sure he also snickers to himself when he writes “Democrat Party”.
    8. Jonathan Says:
    November 16th, 2008 at 2:02 pm

    This is the best thing Keyes has done in a long while, Good for Keyes ~~ who by the way surprised my by getting over 40,000 votes.
    9. Richard Says:
    November 16th, 2008 at 2:12 pm

    One of Keyes’s attorneys in this new lawsuit, Gary Kreep, won the court battle over whether Keyes or Baldwin should be on the California ballot, even though Kreep had the disadvantage of arguing on speakerphone (while the attorney on the other side was in the courtroom). So don’t underestimate him.
    10. John Says:
    November 16th, 2008 at 2:34 pm

    If, indeed, Obama is not eligible due to his place of birth and the fix is in, then Alan Keyes is a true patriot. Protecting the constitution is job one.
    I was born in Germany, but I’ve been told that since my father was serving in the US Army, I would not be precluded from running for president. Obama’s mother would be in no official US capacity while overseas. Also, didn’t Obama’s Indonesian father adopt him? Does that make a difference?
    One must wonder why this issue seems to to have enough traction to warrant lawsuits.
    If it turns out that these lawsuits have no basis, then this has the opposite effect of protecting the constitution.
    Either way, I do agree that there will be rioting in the streets if Obama is denied. That doesn’t excuse our duty as Americans, if that were the case.
    11. Tristan Says:
    November 16th, 2008 at 2:44 pm

    I assume Obama is a citizen but I have to wonder why the response to these lawsuits has been stonewalling rather than just simply showing it to the appropriate court and ending the controversy.
    12. James Madison Says:
    November 16th, 2008 at 2:48 pm

    Although a kook at times, on this on Keyes is dead on. Here’s the proof:

    Constitutional Crisis brought to you by the New World Order?

    Alex Jones welcomes former Pennsylvania Deputy Attorney General Philip Berg to discuss the results of Berg’s investigation (and resulting law suits, one currently before the Supreme Court) which led him to conclude that President Elect Barrack Obama is not a natural born citizen of the United States and thus is not qualified under the United States Constitution to hold the position of Chief Executive Officer.

    http://www.radiodujour.com/people/berg_philip/index.shtml
    13. sgwhiteinfla Says:
    November 16th, 2008 at 2:51 pm

    I seriously don’t understand how any person in their right mind is still following this kind of bullspit. Obama has provided his COLB to several different fact checking websites as well as displaying it himself on fightthesmears.com but you kooks still won’t leave it alone. But here is the rub, ALL of you tin foil hatters claim you are just so pissed because he didn’t release his COLB (even though he did) saying how unreasonable he is being, but none of you I repeat NONE of you can say that you have seen John McCain’s COLB. This in spite of the fact that there have been lawsuits about his eligibility as well because he was born at the Panama Canal. But nooooooooo nobody cares about McCain’s COLB. I wonder why that is… lol nahhhhhhhhhhh no I don’t. All of you losers need to grow up and get over it. President Barack Obama, get used to saying it critters!
    14. ashirklpn Says:
    November 16th, 2008 at 3:16 pm

    MR.OBAMA,
    Please just hand over the documents to all of the courts involved, so that the doubts of the American people will be put to rest. We DO NOT want to see a Certificate of Live Birth. We want the vaulted copy of your birth certificate (if it exists),all documentation related to being adopted by your step-father and school records in Indonesia, all college records, and all documents regarding re-entrance into the US from Indonesia. There is no reason to hide anything from us. We don’t care if you might have gotten a bad grade in college, but we do care if your college records say Barry Soetoro. Do not try to dismiss any further court requests, especially the US Supreme court. Having it dismissed only means that you are hiding something. If you have it dismissed one more time there will be an uprising of the silent voters. Sincerely, Ohio Nurse
    15. Mr. Anon Says:
    November 16th, 2008 at 3:20 pm

    Obama needs to prove to us all that he is not a robot sent from the future.
    16. train111 Says:
    November 16th, 2008 at 3:23 pm

    LOL

    Alan Keyes

    The longer he’s around, the kookier he gets. We in Illinois were “blessed” with his run for the Senate a few years around, along with a GOP primary run this spring by Andy Martin, another total goofball involved with investigating Obama’s birth.
    Anyone seriously giving these guys the time of day really needs to get a life.
    BTW, my wife had to order her birth certificate for ID needs, and the one that came back looked extremely close to the one posted by Obama in various places. I do not see the issue there.

    train111
    17. billvanallen Says:
    November 16th, 2008 at 3:39 pm

    Richard:

    I know that you very much wish you had a complete listing of all these obama qualification lawsuits filed nationwide.

    F.y.i. here are yet additional state and related federal lawsuits regarding seating of electoral college 2008 electors (New York State electors in these related cases)

    Subject: 10 AM 11-17-08 Appearence for Proposed Order to Show Cause in NYS-SC 29642-2008

    On Monday 11-17-08 , a proposed Order to Show Cause for emergency relief in the Case with Index No.: 29642/2008 at which requesting a preliminary injunction hearing

    1. a Judicial Subpeona of the US State Department of the travel documents from 1960 through 1963 for Stanley Ann Dunham (Obama)

    2. That the Documents be provided to each of the Elected Electoral College slates and their filled vacancies before their certification on or about December 1, 2008;

    3. That until such time that the documents are provided there shall be a stay upon the New York Electoral College from voting on or after December 15, 2008 and / or

    4. Until the stay is lifted by the US Supreme Court or the Justice assigned to this case.
    18. Kay Says:
    November 16th, 2008 at 3:41 pm

    Mr Obama’s COLB from factcheck.org:
    http://cdn.factcheck.org/imagefiles/Ask%20FactCheck%20Images/Obama%20Birth%20Certificate/BO%20Birth%20Certificate.jpg
    19. Christopher Strunk Says:
    November 16th, 2008 at 3:49 pm

    FYI California I challanged the eligiblity of individual NY Electors in NYS SC 29641-2008.

    — On Fri, 11/14/08, Christopher Strunk wrote:
    From: Christopher Strunk
    Subject: 10 AM 11-17-08 Appearance for Proposed Order to Show Cause in NYS-SC 29642-2008
    To: joel.graber@oag.state.ny.us, “Kimberly Galvin”
    Cc: jpines@law.nyc.gov
    Date: Friday, November 14, 2008, 2:15 PM
    The Second Circuit has Denied my Motion for Writ of Mandamus as of today (see attached orders)

    On Monday 11-17-08, I am presenting a proposed Order to Show Cause for emergency relief in the Case with Index No.: 29642/2008 at which I am requesting your attendance for a preliminary hearing before Justice Schmidt.

    I am requesting:

    1. a Judicial Subpoena of the US State Department for the travel documents from 1960 through 1963 for Stanley Ann Dunham (Obama)

    2. That the Documents be provided to each of the Elected Electoral College slate and their filled vacancies before their certification on or about December 1, 2008;

    3. That until such time that the documents are provided there shall be a stay upon the New York Electoral College from voting on or after December 15, 2008 and / or as to the nationa elelctoral college of each State of the several States

    4. Until the stay is lifted for New York by the U.S. Supreme Court or the Justice assigned to this case with concurrent original jurisdiction over the national Electoral College.

    I will have a hard copy of the papers available on Monday morning and by email in preparation prior to that time.

    For further discussion feel free to contact me:

    Christopher Strunk
    (845) 901-6767

    Furthermore, notwithstanding anything which is ordered by Justice Schmidt I am in the process of filing for a stay under the appeal of the denial of the 08-5422_OP second circuit proceeding as to which the US Supreme has appellate responsibility without any need for a motion for certiorari and that the U.S. Supreme Court under rules 22 and 23 will be filed on or about Tuesday 11/18/08 – hopefully with an order of the NYS SC in case with Index no.: 29642-08.
    20. T_in_CA Says:
    November 16th, 2008 at 3:55 pm

    PLEASE…Just go to this reputible website, and READ and LEARN, then drop it.

    http://www.factcheck.org/elections-2008/born_in_the_usa.html
    21. Michael Says:
    November 16th, 2008 at 3:55 pm

    Question. Were both his parents US citizens? If both were then the lawsuit doesn’t stand much of a chance.
    22. Mad Hatter Says:
    November 16th, 2008 at 4:02 pm

    Regarding post #10: “I was born in Germany, but I’ve been told that since my father was serving in the US Army, I would not be precluded from running for president. Obama’s mother would be in no official US capacity while overseas.”

    The distinction you make has no basis in established constitutional law.
    23. Larry Reinsch Says:
    November 16th, 2008 at 4:03 pm

    One has to ask Why Obama does’nt just provide a birth certificate and end all this ? A colb is not a birth certificate. These things sould be on record and on file for all americans to see and McCain’s also!
    24. marcus Says:
    November 16th, 2008 at 4:22 pm

    Why not just file a FOIA request with the US State Dept for travel records of Stanley Ann Dunham 1960-1963 Since she is dead, there is no no way they can deny it since there is no personal info that can be compromised. Why do you need a lawsuit for this? YOU DONT
    25. Bill Jeromw Says:
    November 16th, 2008 at 4:26 pm

    As with all the other wingnut politicians, pundits and others, Alan Keyes doesn’t matter anymore. The American people have moved on. Alan Keyes is straight out of the town of Nutcasea. Unfortunately for the rest of his fellow Nutcasea citizens, the electricity has been cut off, the stores are closed, and all of the roads have crumbled. Thank God..and God Bless America!!!
    26. jennifer Says:
    November 16th, 2008 at 4:29 pm

    McCain was born on a Military base in Panama to a father that was a US Citizen, serving in the Army; so he was born on US Soil (since it was an Army Institution).

    I believe the question is whether or not Obama’s mother was a legal citizen of the US. I do not personally think he is a citizen of this country.

    If he had nothing to hide, why does he not show us the real document? Why were all his records sealed?

    BTW-
    factcheck.org is run by the Anneburg Foundation which is a liberal foundation. You can’t trust it just because it’s supposed to be *factual*. There is almost always an agenda.
    —————————————————–

  19. gaflat

    Comments at BAN

    Since 90% of this site is just reposts of stuff at BAN, I’m wondering if it might be more efficacious to just do a shadow-redirect to that site?

  20. gaflat


    90%? Not even close.

    True. I exaggerate for emphasis. Based on the 20 most recent posts it’s actually 40%.

  21. gaflat

    I would but they don’t have a RSS feed yet (or at least one that I can find) so it’s convenient to just read BAN stuff on IPR. As soon as they get a RSS feed, though …

  22. G.E.

    But your point is somewhat fair: I don’t like the direct re-posting of articles. Not only is it kinda sloppy, but it also works out to your (gaflat)’s benefit, which is a detriment.

  23. gaflat

    And it’s intellectually dishonest to those who do work to generate original content, instead of just throwing up a link to the hard work of someone else.

  24. paulie cannoli Post author

    And it’s intellectually dishonest to those who do work to generate original content, instead of just throwing up a link to the hard work of someone else.

    The link is there. I didn’t claim credit. Richard is a regular visitor here, and I’ve yet to hear any complaints from him. If anything, I think we send traffic his way. Plus, he has articles that I don’t find to be applicable here, and we have lots of articles that don’t come from BAN. If you do not think any of those are worth reading this site, that’s your prerogative.

  25. gaflat

    Richard is a regular visitor here, and I’ve yet to hear any complaints from him.

    A gentleman, to be sure.

    we have lots of articles that don’t come from BAN

    Yes, I noted that. 60% of your articles don’t come from BAN.

  26. paulie cannoli Post author

    A gentleman, to be sure.

    And your basis for that inference? He’s more than welcome to ask me to stop cross-posting BAN articles at any time.

    Yes, I noted that. 60% of your articles don’t come from BAN.

    I’d venture it’s a lot higher than that. Your study sample is too small.

  27. gaflat

    And your basis for that inference?

    You don’t believe he is a gentleman?

    I’d venture it’s a lot higher than that. Your study sample is too small.

    no

  28. paulie cannoli Post author

    You don’t believe he is a gentleman?

    Of course he is. Your basis for the inference that he is merely being polite, of course. But, just in case he is merely being polite, I’ve asked him to let me know.

    no

    No what? You counted off 20 posts out of 1976.
    Too small a sample, by far.

    This tangent is boring. If Richard doesn’t like it, he can let me know.

  29. gaflat

    gentlemen don’t complain but act in gracious deference; they rely on the genuinely expressed goodwill of others and – where absent – sit content to accept an injustice

    No what? You counted off 20 posts out of 1976.

    I just counted to 40, it’s now increased to 45%. I suppose I could keep counting until finding a number you found satisfactory to legitimize your point but why bother? *yawn*

  30. Michael Seebeck

    Uh, gaflat, there is no definition of “natural-born” in INA 1952. I checked that when proving McCain wasn’t natural-born.

    Besides, if there was, then it would be declaring by legislation a natural-born citizen–which is a legislative naturalization, and makes no sense.

    And to correct one other error, the bloodline of one’s parents is irrelevant in determining natural-born status. “Jus sanguinis” is only in the law through “lex soli”, and not through “jus soli” (which is natural-born status based on geography, not blood!).

    See the cited explanation at http://muddythoughts.blogspot.com/2008/02/panmanchurian-candidate-mccain.html

    The only question of whether Obama can serve as POTUS is whether he is natural-born, and that is dependent on his birth location.

    And yes, the case should be heard.

  31. Michael Seebeck

    Uh, gaflat, there is no definition of “natural-born” in INA 1952. I checked that when proving McCain wasn’t natural-born.

    Besides, if there was, then it would be declaring by legislation a natural-born citizen–which is a legislative naturalization, and makes no sense.

    And to correct one other error, the bloodline of one’s parents is irrelevant in determining natural-born status. “Jus sanguinis” is only in the law through “lex soli”, and not through “jus soli” (which is natural-born status based on geography, not blood!).

    See the cited explanation at http:// muddythoughts.blogspot.com/2008/02/panmanchurian-candidate-mccain. html

    The only question of whether Obama can serve as POTUS is whether he is natural-born, and that is dependent on his birth location.

    And yes, the case should be heard.

  32. paulie cannoli Post author

    Michael,

    This should be a clickable version:

    http://muddythoughts.blogspot.com/2008/02/panmanchurian-candidate-mccain.html

    gaflat, I asked Richard on another thread to make sure to let me know if he feels we should post fewer Ballot Access News stories. If he does, I won’t have any problem with following his wishes. If he doesn’t, I have no reason to think that he would rather we didn’t (your speculation does not count).

    If you’re yawning, go to sleep already.

  33. ralaisa

    I know the COLB has been beaten to death.
    I have two adopted children from the PI and they both have a COLB from Florida, but birth certificate from the PI. We the voters deserve the truth.

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