Professional Documents
Culture Documents
ii
TABLE OF CONTENTS
Issues presented:
(i) Preliminary injunction for the equal protection issues that arise
between the Census ‘short form’ and ‘long form’ in the matter of
enumerating citizens and or permanent resident aliens;
(ii) Preliminary injunction for additional census mailers sent to Personal
Mail Boxes and Post Office Boxes;
(iii) Preliminary Injunction to restore the New York Electoral College to 47
members as use of 13 USC §141 to reduce same to the present 31 is
a violation of the 14th Amendment Section 2.
(iv) A recount of the census enumeration in the allotment of U.S. House
of Representative Members rather than for the mere collection of
statistics related to Federal Subsidy;
(v) Removing executive stay in use of the Patriot Act with the Census;
(vi) Disclosure of the origin of U.S. Senator Obama’s official passport;
(vii) Declaratory judgment on the matter of enforcement of the Logan Act
as we have no Chief Law Enforcement Officer with the Usurper.
(viii) Declaratory judgment on the Census Bureau overreaching in violation
of the 5th and 9th amendment protections in regards to the Census
Bureau statement in reference to section 221 penalties referenced
above, Title 18 U.S.C. Section 3571 and Section 3559, arbitrarily
under color of law in effect amends Title 13 U.S.C. §221 changes the
fine from not more than $100 to not more than $5,000 for anyone
over 18 years old who refuses or willfully neglects to complete the
questionnaire or answer questions posed by census takers.
(ix) that any response by other respondents be heard expeditiously
accordingly as time is of the essence with imminent irreparable harm
that would result to Affiant and those similarly situated; and
(x) that this Court provide further and different relief as it deems
necessary for justice herein.
iii
Cases cited:
Statutes cited:
2 USC §2a…………………………………………………………………………………………………………………………..11
5 USC §552…………………………………………………………………………………………………………………………. 7
13 USC §141………………………………………………………………………………………………..…2-4,9,11,13
13 USC §221………………………………………………………………………………………………………………….2,22
13 USC §195………………………………………………………………………………………………………………….3,11
18 U.S.C. §§ 3571 and 3559………………………………………………………………………………2,2,24
18 U.S.C. §953 and related Chapter 45 law………………………………………………………….8
28 USC §1343
28 USC §1344
28 USC §1345
28 USC §1361
28 USC §2284……………………………………………………………………………………………………………………3
42 USC §1971, §1983, §1985……………………………………………………………………………………3
• Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001 (Public Law Pub.L. 107-56)…………………………………….8
• the USA PATRIOT Act was introduced into the House on October 23
and incorporated H.R. 2975, S. 1510 and many of the provisions of H.R.
3004 (the Financial Anti-Terrorism Act)
• the Foreign Intelligence Surveillance Act of 1978 (FISA),
• the Electronic Communications Privacy Act of 1986 (ECPA),
• the Money Laundering Control Act of 1986
• the Bank Secrecy Act (BSA),
• the Immigration and Nationality Act.
iv
US Constitution citations:
Other citations:
Rules cited:
FRAP 21
FRCvP Rules 81
LCvR 40.3(b) of a District Judge to hear the LCvR 9.1 motion for
a three judge panel………………………………………………………………………………………………….6
Related Cases:
Orders of the United States District Court for the District of Columbia in
related cases: 08-cv-2234, 09-cv-1249, 09-cv-1295;
motion to intervene in 10-cv-00151 and
Interpleader Verified Complaint case filed Strunk v Obama et al. DCD
DCC 08-5503-OP
DCC 09-5322-OP
Strunk v. Paterson et al. NYS Supreme Court in Kings County
Index no.: 08-29642 .
v
AFFIDAVIT of Christopher-Earl: Strunk© in esse, Petitioner in support of
the Original Proceeding with FRAP Rule 21 for an Order of the United
States District Court for the District of Columbia in 08-cv-2234, 09-cv-1249,
09-cv-1295 and 10-cv-00151 with Interpleader Quo Warranto Verified
Complaint to respond to the herein petition for an Extraordinary Writ of
Mandamus and Preliminary Injunction.
i. The equal protection issues that arise between the Census ‘short
form’ and ‘long form’ in the matter of enumerating citizens and or
permanent resident aliens;
a. for additional census mailers sent to Personal Mail Boxes and
Post Office Boxes;
rural areas and is mailing the 10-question short forms to 120 million U.S.
households on March 15,2010 shown as Exhibit D and that Officials have
estimated the government survey will take just 10 minutes to complete, a as
a change from previous censuses as a challenged equal protection issue
herein in which many people received a long form detailed questionnaire on
the 24-page American Community Survey (ACS) see Exhibit E.
14. That Affiant did not received a long form ACS shown as Exhibit E as a
• From page 5 : what year the building was built, when "Person No. 1"
in the housing section moved into the home; the size of land the
home is on; what agricultural products were sold from the property in
the last 12 months; whether the property was used as a business;
how many separate rooms are in the house; whether the house has
hot and cold running water; whether the house has a flush toilet, a
shower or bathtub, a sink with a faucet, a stove or range, a
refrigerator and a telephone; how many cars, vans and trucks are
kept at the property; and what fuel is most used at the property – gas,
electricity, fuel oil or kerosene, coal or coke, wood, solar energy, or
"other."
15. That in Judicial Notice shown as Exhibit B, Affiant contends that there
was no random selection with LCvR 40.3(b) of a District Judge to hear the
LCvR 9.1 motion for a three judge panel because Affiant is self-
represented and as an equal protection infringes my right to substantive
due process when the Clerk of the Court who is no longer working at
District assigned the 09-cv-1295 Census case to the same judge that
Affiant has been complaining of in the two (2) original proceedings 08-
5503-OP and 09-5322-OP and now herein on a different matter.
• That on June 24, 2009, in the original proceeding 08-5503-OP before
the Honorable Chief Judge Sentelle, and Honorables Ginsburg and
Tatel Circuit Judges in their Per Curiam Order, see Exhibit F, held
that Petitioner file a new original proceeding for relief quote:
“To the extent petitioner seeks relief not requested in his original
petition, petitioner must file a separate petition for a writ of
mandamus to bring the matter properly before the court.”
with imminent irreparable harm that would result to Affiant and those
similarly situated; and (viii) that this Court provide further and different relief
i
as it deems necessary for justice herein.
That Affirmant has read the above and I know its contents as an
expert witness; the facts stated in the Petition are true to my own personal
belief are as follows: 3' parties, books and records, and personal
believe to be true.
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Defendants. :
I, Christopher-Earl: Strunk in esse, state under penalty of perjury with 28 USC 5 1746 that:
Declarant / Plaintiff, b b y provides the Court with notice of a recent order by the United States
District Court for the Northern District of New York. The decision and order, issued in Forione
et al. v, the State of Californiaer al. No. 06-CV-1002 (NDNY February 19,2010), renders Mr.
Forjone's request with 28 USC 51407 moots as it is now a matter on appeal to the Second Circuit
that should takes several months to resolve. A copy of the court's decision and order is attached
to this notice. The nudge given to fudge Kahn by Mr. Forjone and myself to takes that case off
the Congressional list of pending matters requiring continuing funding there in NDNY; however,
does not change the fact that there is an urgent matter with a deadline of March 15,2010 in the
mailing of the 2010 Census Questionnaire to be done without the two required questions "Are
RECEIVED
FEB 2 5 2010
a%rk,.U.S. District and U(HI8iT B
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)
Defendants.
DISMISSAL ORDER
ORDERED that the Clerk of Court shall docket ''Plaintiffs Response Declaration in
Opposition to the Motion to Dismiss the Complaint by Defendants The Maryland Province of the
Society of Jesus and Fr. Timothy B. Brown, S.J." as his opposition to the motion to dismiss [#lo]
filed on behalf of Maryland Province of the Society of Jesus and Timothy B. Brown, and shall
docket "Plaintiff's Response Affidavit in Opposition to the Motion to Dismiss the Complaint as
to the City of New York and Michael Bloomberg In Esse Defendants" as his opposition to
Defendant City of New York and Michael Bloomberg's Motion to Dismiss [#251; it is fbrther
ORDERED that plaintiff's motion for a three judge panel [Dkt. #3] is DENIED;it is
ORDERED that the defendants' motions to dismiss [Dkt. # 10, 13,16,21,22, and 251 k e
GRANTED; ft is h t h e r
Case 1:09-cv-01295-RJL Document 37 Filed 03/17/10 Page 2 of 2
ORDERED that all claims against John Does, Jane Does, and XYZ Entities are
DISMISSED, and that these defendants are DISMISSED as party defendants; and it is further
ORDERED that the complaint and this civil action are DISMISSED.
SO ORDERED. \
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MEMORANDUM OPINION
This matter is before the Court on defendants' motions to dismiss. The Court has
considered defendants' motions, plaintiffs oppositions and defendants' replies, and concludes
that the complaint must be dismissed. Accordingly, defendants' motions will be granted.
I. BACKGROUND
The Court is mindful that the complaint of a pro se plaintiff is liberally construed, as it is
held to a less stringent standard than is applied to a formal pleading drafted by a lawyer. See
Haines v. Kerner, 404 U.S. 519, 520 (1972). Here, plaintiff sets forth in 136 sequentially
numbered paragraphs both factual allegations and legal conclusions that can be summarized as
follows: The defendants, acting in concert, are counting in the 2010 census persons whom
plaintifflabels "tourists." Tourists are neither citizens nor permanent residents of the United
States, and, according to plaintiff, they should not be counted for the purpose of apportioning
Congressional representation. Because defendants improperly are counting tourists in the 2010
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census, plaintiff asserts that he is disenfranchised - the strength of his vote is diluted. For
example, plaintiff alleges that the number of Congressional representatives from New York will
be reduced if tourists are counted, and the number of representatives from Texas and California,
among other states with large tourist populations, will be increased, such that states in the
Southwestern region of the United States will be able to exercise greater power in Congress to
naturalizes these persons notwithstanding provisions of federal immigration law, and brings
about the ongoing theft of his property, for example, through the use of taxpayer funds to provide
Plaintiff brings this action under 42 U.S.C. §§ 1983, 1985(3), and 1986, and various other
statutes, alleging violations of the First, Fifth, Ninth, Tenth, Twelfth, Thirteenth, Fourteenth,
States Constitution. See CompI. ~~ 1-2. Among other relief, plaintiff demands a declaratory
judgment that tourists are not permanent residents to be counted in the 201 0 Census, injunctive
relief barring further census taking until such time as a questionnaire asks whether a person is a
United States citizen or a permanent resident alien with a green card, and unspecified reparations
for the spiritual and temporal injuries he has suffered. See id. at 29-30.
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II. DISCUSSION!
1. Standing
All defendants move to dismiss on the ground that plaintiff lacks standing to bring a
claim challenging the 2010 census. See Mem. of Law in Supp. of [Defs. Maryland Province of
the Society of Jesus and Timothy B. Brown] [Dkt. #10-2] at 4-6; Mem. of Law in Supp. of Mot.
to Dismiss the CompI. by Defs. New York Province of the Society of Jesus and Fr. Gerald
Chojnacki, SJ. [Dkt. #14] at 8-9; Mem. ofP. & A. in Supp. ofDef. State of Texas' Mot. to
Dismiss ("Texas Mem.") [Dkt. #16-2] at 4-6; Mem. ofP. & A. in Supp. of Fed. Defs.' Mot. to
Dismiss ("Fed. Defs.' Mem.") [Dkt. #21] at 5-7; Mem. ofP. & A. in Supp. ofDef. State of
California's Mot. to Dismiss ("California Mem.") [Dkt. #22-1] at 5-6; Def. City of New York
and Michael Bloomberg'S Mem. of Law in Supp. of Mot. to Dismiss [Dkt. #25-1] at 4-6.
The Court's jurisdiction is limited to cases and controversies, U.S. CONST. art. III, § 2,
and a core element of Article Ill's case-or-controversy requirement is that a plaintiff have
standing to sue. See Lujan v. Defenders afWildlife, 504 U.S. 555, 561 (1992). At the outset, to
establish standing, "[a] plaintiff must allege personal injury fairly traceable to the defendant's
allegedly unlawful conduct and likely to be redressed by the requested relief." Allen v. Wright,
468 U.S. 737, 751 (1984). Thus, a party has standing ifhis claims "spring from an 'injury in
fact' - an invasion of a legally protected interest that is 'concrete and particularized,' 'actual or
imminent' and 'fairly traceable' to the challenged act ofthe defendant, and likely to be redressed
For purposes of this Memorandum Opinion, the Court presumes without deciding
that it has personal jurisdiction over all defendants, and, therefore, does not address defendants'
arguments for dismissal under Rule 12(b)(2) of the Federal Rules of Civil Procedure.
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by a favorable decision in the federal court." Navegar, Inc. v. United States, 103 F.3d 994, 998
(D.C. Cir. 1997) (quoting Lujan v. Defenders of Wildlife, 504 U.S. at 560-61). If, at any time, the
Court lacks subject matter jurisdiction, the action must be dismissed. Fed. R. Civ. P. 12(h).
In Fed'nfor Am. Immigration Reform v. Klutznick, 486 F. Supp. 564 (D.D.C. 1980), a
three-judge panel considered the constitutionality of the 1980 census and the plaintiffs' assertion
that the 1980 census would "fail to establish the number of illegal aliens in the country, or the
states and districts within which they live," resulting in "in the inclusion of a large but presently
unascertainable number of illegal aliens in the population figures which form the basis for the
apportionment of United States Representatives among the states, the apportionment by many
states of their congressional and state officials among districts, and the distribution of federal
funds for a variety of programs." Id. at 565. According to the plaintiffs, "the votes of persons in
some states or regions [would] be diluted in comparison to those in the states and regions with a
large illegal alien population, and those same persons may [have], as residents of the
disadvantaged states or regions, also receiver d] a lesser share of federal monies." Id. at 566. The
plaintiffs argued that "inclusion of illegal aliens in fact defeat[ ed] the purpose of apportionment;
equal representation for equal numbers of people of the United States," and they demanded
"declaratory and injunctive relief, requiring the Census Bureau to use its best efforts to count
illegal aliens separately and exclude them from the apportionment base." !d. at 567-68 (internal
quotation marks omitted). The panel concluded that the plaintiffs could "do no more than
speculate as to which states might gain and which might lose representation." Id. at 570. And,
because the plaintiffs could not establish that the relief they demanded would inure to their
personal benefit, their claims were dismissed for lack of standing. Id. at 578.
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Similarly, in Sharrow v. Brown, 447 F.2d 94 (2d Cir. 1971), cert. denied, 405 U.S. 968
(1972), the plaintiff argued that Section 2 of the Fourteenth Amendment (which the Second
Circuit designated "1412") requires the Census Bureau to "compile statistics on the number of
male adults in each State whose right to vote is denied or abridged, so that the House of
Representatives may be properly apportioned." Id. at 96. 2 He claimed standing to sue on the
basis of his residence in New York State, which had "lost six representatives in Congress as a
direct result of the Census Bureau's failure to compile" statistics as 1412 required. !d. He argued
that the proper enforcement of 1412 would have "result[ed] in an increase in the representation of
New York State in the House of Representatives, and, therefore, that, derivatively, he, as a
citizen of New York, [would] receive an augmented voice in congressional matters." Id. The
Second Circuit found that the plaintiff could not "establish that the failure to enforce 1412 has
In this case, plaintiff fares no better. He alleges that his "causes of action arise in
conjunction [with] the decennial 2010 Census," Compi. ~ 1, and that defendants' collective act of
2
In relevant part, the Fourteenth Amendment states:
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counting tourists causes him "spiritual and temporal injuries," id. at 1 (introductory paragraph),
among which is the dilution of his vote. Plaintiff is but one citizen of New York and one voter in
New York's 11 th Congressional District. See Compi. ~ 8. The basis for his assertion that
"tourists" are to be counted in the 2010 Census is unclear, and the potential impact of their
inclusion is speculative at best. His challenge to the 2010 Census raises an "abstract question[]
of wide public significance," Warth v. Seldin, 442 U.S. 490, 500 (1975), and thus he fails to
allege an injury in fact, that is, "an invasion of a legally protected interest which is (a) concrete
and particularized, and (b) actual or imminent, not conjectural or hypotenticaI." Lujan v.
The Court concludes that plaintiff lacks standing to challenge the counting of "tourists" in
the 2010 Census, and his unsupported disagreement with defendants' arguments on standing, see,
e.g., PI.'s Consolidated Resp. Aff. in Opp'n to the Mot. to Dismiss the Compi. as to the State of
California and State of Texas Defs. [Dkt. # 31] ~ 12, is not persuasive. 3 The complaint must be
2. Immunity
Even if plaintiff were able to demonstrate standing, the federal and state defendants raise
alternative grounds for dismissal under Rule 12(b)(1) which operate to deprive the Court of
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a. Sovereign Immunity
Insofar as plaintiff brings tort claims against the federal government or its employees in
their official capacities and demands monetary damages, the federal defendants argue that such
claims are barred by the doctrine of sovereign immunity. See Fed. Defs.' Mem. at 8-10. It is
settled that the United States "can only be sued insofar as it has agreed to be sued." Epps v.
United States Attorney General, 575 F. Supp. 2d 232,238 (D.D.C. 2008) (citing Fed. Deposit
Ins. Corp. v. Meyer, 510 U.S. 471, 475 (1994)). The doctrine of sovereign immunity bars a suit
for money damages against the federal government unless there is a specific waiver of such
immunity. See id.; United States v. Nordic Village, 503 U.S. 30, 34 (1992)). The Federal Tort
Claims Act ("FTCA"), see 28 U.S.c. §§ 1346(b), 2671, et seq., is an example of such a waiver,
see, e.g., Schnitzer v. Harvey, 389 F.3d 200,202 (D.C. Cir. 2004) ("The FTCA effects a broad
waiver of sovereign immunity from lawsuits for money damages."), but the FTCA does not assist
plaintiff here. The FTCA does not waive immunity for constitutional torts such as those plaintiff
alleges in his complaint. See Clark v. Library o/Congress, 750 F.2d 89, 102-04 (D.C. Cir.
the FTCA prior to filing this action deprives the Court of subject matter jurisdiction. See McNeil
v. United States, 508 U.S. 106, 113 (1993) (affirming dismissal of an FTCA suit prematurely
Texas and California move to dismiss on the ground that the states' Eleventh Amendment
immunity bars plaintiffs claims. See Texas Mem. at 6-7; California Mem. at 4-5. Presumably
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Under the Eleventh Amendment, "[t]he judicial power ... shall not ... extend to any suit
in law or equity ... against one of the United States by Citizens of another State or by Citizens or
Subjects of any Foreign State." U.S. CONST. amend. XI. Generally, the Eleventh Amendment
shields a state from suit in federal court. See Bd. of Trustees of the Univ. ofAlabama v. Garrett,
531 U.S. 356, 363 (2001). However, if a state consents to suit or if Congress abrogates a state's
immunity, a suit may proceed notwithstanding the Eleventh Amendment's protection. See, e.g.,
College Sav. Bank v. Florida Prepaid Postsecondary Educ. Expense Bd., 527 U.S. 666, 675
Plaintiffs complaint fails to demonstrate or even suggest that either Texas, California and
New York consent to suit, or that Congress has waived immunity. His reliance on the civil rights
statutes as a basis for jurisdiction, see 42 U.S.C. §§ 1983, 1985 and 1986, offers no support, as
these statutes do not override the states' Eleventh Amendment immunity. See, e.g., Will v.
Michigan Dep't of State Police, 491 U.S. 58,64 (1989) (concluding that a state is not a "person"
Even if plaintiff had demonstrated standing to challenge the 2010 Census, his complaint
fails to state civil rights claims against the New York Province of the Society of Jesus, Gerald
Chojnacki, S.l, the Maryland Province of the Society of Jesus, and Timothy B. Brown, S.J.,
"To state a claim under [§] 1983, a plaintiff must allege both (1) that he was deprived ofa
right secured by the Constitution or laws of the United States, and (2) that the defendant acted
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'under color of the law of a state, territory or the District of Columbia." Hoai v. Vo, 935 F.2d
308,312 (D.C. Cir. 1991) (citing Adickes v. S.H Kress & Co., 398 U.S. 144,150 (1970)), cert.
denied, 503 US. 967 (1992); West v. Atkins, 487 US. 42, 48 (1988). Assuming without deciding
that plaintiff adequately alleges the violation of constitutional rights, his civil rights claim fails
because the complaint does not allege that these defendants are as state actors. This pleading
alone is fatal. See Edwards v. Okie Dokie, Inc., 473 F. Supp. 2d 31, 41 (D.D.C. 2007)
(dismissing § 1983 claim against a nightclub absent an allegation in the complaint or evidence in
his opposition to the summary judgment motion that the nightclub was acting under color of
District of Columbia law). Moreover, the complaint utterly fails to allege the elements of a civil
conspiracy, see Griffin v. Breckenridge, 403 US. 88, 101-02 (1971), which is essential to
pleading a violation of 42 US.C. § 1985(3). See Atherton v. Dist. o/Columbia Office o/the
Mayor, 567 F.3d 672,688 (D.C. Cir. 2009). Plaintiffs failure to state a claim under § 1985
means that a claim under § 1986 cannot survive. See Burnett v. Sharma, 511 F. Supp. 2d 136,
145 (D.D.C. 2007) ("Because the complaint fails to state a claim under § 1985, plaintiff cannot
maintain a claim under § 1986."); Thomas v. News World Comm 'ens, 681 F. Supp. 55,62
(D.D.C. 1988) (citations omitted) ("The language of[ 42 US.C. § 1986] establishes
unambiguously that a colorable claim under § 1985 is a prerequisite to stating an adequate claim
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III. CONCLUSION
Plaintiff lacks standing to challenge the 2010 Census, and his complaint therefore will be
dismissed for lack of subject matter jurisdiction. Even if plaintiff were to establish standing, his
claims against the federal defendants are barred by sovereign immunity, and his claims against
the state defendants are barred by their Eleventh Amendment immunity. Moreover, the
complaint fails to allege civil rights claims against the remaining defendants. Defendants'
motions will be granted, and this civil action will be dismissed. An Order accompanies this
Memorandum Opinion.
RICHARD J. LE
United States District Judge
DATE:
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EXHIBIT D
5. Please provide information for each person living here. Start with a
person living here who owns or rents this house, apartment, or mobile
home. If the owner or renter lives somewhere else, start with any adult
living here. This will be Person 1.
What is Person 1's . . . . . . .Print name below.
. . .name? ... ..
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Census must count every person living In the United Last Name ? .. .--
on April 1,201 0.
re you answer Q m t i o n 1, count the people living in
house, apartment, or mobile home using our guidelines. First Name C # R ~ , S T Q . ~ H & RMI E --
6. What Is Person 1's sex? Mark I( ONE box.
Count all people, including babies, who live and sleep here
i most of the time.
.Census Bureau also conducts counts In Institutions
I 7.
,ale Female
What Is Person 1's age and what Is Person 1's date of birth?
other places, so: Please repofl babies as age 0 when the child is less than 1 year old.
Do not count anyone living away either at college or in the
Print numbers in boxes.
Age on April 1, 2010 Month Day Year of birth
Armed Forces.
Do not count anyone in a nursing home, jail, prison,
detention,facility, etc., on April 1, 2010.
* Leave these people off your form, even if they will return to + NOTE: Please answer BOTH Question 8 about Hispanic orlgln and
Question 9 about race. For this census, Hispanic origins are not races.
'' live here after they leave college, the nursing home, the
military, jail, etc. Otherwise, they may be counted twice. - 8. Is Person 1 of Hispanlc, Latino, or Spanish origin?
Census must also IncIucJe people without a peimanent %NO, not of Hispanic. Latino, or Spanish origin
pce to stay, so: -.-:
-
Yes, Mexican, Mexican Am., Chicano
:- Yes, Puerto Rican
If someone who has no permanent place to stay is staying
i- Yes, Cuban
I-'
here on April 1,2010, count that person. Otherwise, he or
g>- may
she - .-be- missed
-- in the census. - - A -
a
-
-
Yes, another Hiqhnic, Latino, or'spanish origin P h t ~ , f o r e m p k ,
Aywninean, Colom"bian;~drcan,Kmraguan, Sdwdoran, Spaniard, a&so on. 3 - '
How many people were living or staying in this house,
8 apartment, or mobile home on April 1,2010?
Pp Number of people = , - t -- -:
I 9. What Is Person 1's race? Mark 3 one or more boxes.
!. Were there any additional people staying here i
I
White
I April 1, 2010 that you did not include In Question I ? * .. Black, African Am., or Negro
i-,-
Mark ~l( all that apply.
.-
!lAmerican Indian or Ala3ka Native - Pni,t name of endled or pnnapal f&.
Children, such as newborn babies or foster children
, <- .I Relatives, such as adult children, cousins, or in-laws
I
-
+-
No additional people - Filipino L ., Vietnamese Samoan
-
&-,
), Is this house, apartment, or mobile home I -. Other Asian - flint race, for Other Pacific Islander - Print
I I
' IMark I( ONE box. example, Hmong, Laotim, Thai, race, for example, Wian, Tongan,
I
Owned by you or someone in this household with a
Pakistani, Cambodian, and so on. 3 and so on. 3
mortgage or loan? Include home equity loans.
- Owned by you or someone in this household free and
t
March 15,2010
Unibedb
Census
'USCENSUSBUREAU 2010
rrre(L) (6.26-m)
Your Answers Are Confident)a15'
Federal law protects your privacy and keeps your answers
confidential (Title 13, United States Code, Sections 9 and
214). The answers you give on the census form cannot be
obtained by law enforcement or tax collection agencies.
Your answers cannot be used in court. They cannot be
obtained with a Freedom of Information Act (FOIA) request.
As allowed by law, census data becomes public after
72 years (Title 44, United States Code, Section 2108).
This information can be used for family history and
other types of historical research.
Please visit our Web site at ~www.census.g0~/201Ocensus>
and click on "Protecting Your Answers" to learn more about
our privacy policy and data protection.
U.S. DEPARTMENT OF COMMERCE
Emmwnia and Sptida Administration
U.S. CENSUS BUREAU
Community Survey
OMB No. 0 8 0 7 ~ 1 0
USCENSUSBUREAU
13190020
Person 1 Person 2
1 What is Person 2’s name?
Last Name (Please print) First Name MI
(Person 1 is the person living or staying here in whose name this house
or apartment is owned, being bought, or rented. If there is no such
person, start with the name of any adult living or staying here.)
2 How is this person related to Person 1? Mark (X) ONE box.
Husband or wife Son-in-law or daughter-in-law
Biological son or daughter Other relative
1 What is Person 1’s name? Adopted son or daughter Roomer or boarder
Last Name (Please print) First Name MI Stepson or stepdaughter Housemate or roommate
Brother or sister Unmarried partner
Father or mother Foster child
2 How is this person related to Person 1? Grandchild Other nonrelative
X Person 1 Parent-in-law
3 What is Person 1’s sex? Mark (X) ONE box. 3 What is Person 2’s sex? Mark (X) ONE box.
PY
Male Female Male Female
4 What is Person 1’s age and what is Person 1’s date of birth? 4 What is Person 2’s age and what is Person 2’s date of birth?
Please report babies as age 0 when the child is less than 1 year old. Please report babies as age 0 when the child is less than 1 year old.
O
Print numbers in boxes. Print numbers in boxes.
C
Age (in years) Month Day Year of birth Age (in years) Month Day Year of birth
AL
➜ NOTE: Please answer BOTH Question 5 about Hispanic origin and ➜ NOTE: Please answer BOTH Question 5 about Hispanic origin and
Question 6 about race. For this survey, Hispanic origins are not races. Question 6 about race. For this survey, Hispanic origins are not races.
N
5 Is Person 1 of Hispanic, Latino, or Spanish origin? 5 Is Person 2 of Hispanic, Latino, or Spanish origin?
IO
No, not of Hispanic, Latino, or Spanish origin No, not of Hispanic, Latino, or Spanish origin
Yes, Mexican, Mexican Am., Chicano Yes, Mexican, Mexican Am., Chicano
AT
Yes, another Hispanic, Latino, or Spanish origin – Print origin, for example, Yes, another Hispanic, Latino, or Spanish origin – Print origin, for example,
Argentinean, Colombian, Dominican, Nicaraguan, Salvadoran, Spaniard, Argentinean, Colombian, Dominican, Nicaraguan, Salvadoran, Spaniard,
R
6 What is Person 1’s race? Mark (X) one or more boxes. 6 What is Person 2’s race? Mark (X) one or more boxes.
IN
White White
Black, African Am., or Negro Black, African Am., or Negro
American Indian or Alaska Native — Print name of enrolled or principal tribe. American Indian or Alaska Native — Print name of enrolled or principal tribe.
Asian Indian Japanese Native Hawaiian Asian Indian Japanese Native Hawaiian
Chinese Korean Guamanian or Chamorro Chinese Korean Guamanian or Chamorro
Filipino Vietnamese Samoan Filipino Vietnamese Samoan
Other Asian – Print race, Other Pacific Islander – Other Asian – Print race, Other Pacific Islander –
for example, Hmong, Print race, for example, for example, Hmong, Print race, for example,
Laotian, Thai, Pakistani, Fijian, Tongan, and Laotian, Thai, Pakistani, Fijian, Tongan, and
Cambodian, and so on. so on. Cambodian, and so on. so on.
Some other race – Print race. Some other race – Print race.
2 §.4!5¤
13190038
Person 3 Person 4
1 What is Person 3’s name? 1 What is Person 4’s name?
Last Name (Please print) First Name MI Last Name (Please print) First Name MI
2 How is this person related to Person 1? Mark (X) ONE box. 2 How is this person related to Person 1? Mark (X) ONE box.
Husband or wife Son-in-law or daughter-in-law Husband or wife Son-in-law or daughter-in-law
Biological son or daughter Other relative Biological son or daughter Other relative
Adopted son or daughter Roomer or boarder Adopted son or daughter Roomer or boarder
Stepson or stepdaughter Housemate or roommate Stepson or stepdaughter Housemate or roommate
Brother or sister Unmarried partner Brother or sister Unmarried partner
Father or mother Foster child Father or mother Foster child
Grandchild Other nonrelative Grandchild Other nonrelative
Parent-in-law Parent-in-law
3 What is Person 3’s sex? Mark (X) ONE box. 3 What is Person 4’s sex? Mark (X) ONE box.
PY
Male Female Male Female
4 What is Person 3’s age and what is Person 3’s date of birth? 4 What is Person 4’s age and what is Person 4’s date of birth?
Please report babies as age 0 when the child is less than 1 year old. Please report babies as age 0 when the child is less than 1 year old.
O
Print numbers in boxes. Print numbers in boxes.
C
Age (in years) Month Day Year of birth Age (in years) Month Day Year of birth
AL
➜ NOTE: Please answer BOTH Question 5 about Hispanic origin and ➜ NOTE: Please answer BOTH Question 5 about Hispanic origin and
Question 6 about race. For this survey, Hispanic origins are not races. Question 6 about race. For this survey, Hispanic origins are not races.
N
5 Is Person 3 of Hispanic, Latino, or Spanish origin? 5 Is Person 4 of Hispanic, Latino, or Spanish origin?
IO
No, not of Hispanic, Latino, or Spanish origin No, not of Hispanic, Latino, or Spanish origin
Yes, Mexican, Mexican Am., Chicano Yes, Mexican, Mexican Am., Chicano
AT
Yes, another Hispanic, Latino, or Spanish origin – Print origin, for example, Yes, another Hispanic, Latino, or Spanish origin – Print origin, for example,
Argentinean, Colombian, Dominican, Nicaraguan, Salvadoran, Spaniard, Argentinean, Colombian, Dominican, Nicaraguan, Salvadoran, Spaniard,
R
6 What is Person 3’s race? Mark (X) one or more boxes. 6 What is Person 4’s race? Mark (X) one or more boxes.
IN
White White
Black, African Am., or Negro Black, African Am., or Negro
American Indian or Alaska Native — Print name of enrolled or principal tribe. American Indian or Alaska Native — Print name of enrolled or principal tribe.
Asian Indian Japanese Native Hawaiian Asian Indian Japanese Native Hawaiian
Chinese Korean Guamanian or Chamorro Chinese Korean Guamanian or Chamorro
Filipino Vietnamese Samoan Filipino Vietnamese Samoan
Other Asian – Print race, Other Pacific Islander – Other Asian – Print race, Other Pacific Islander –
for example, Hmong, Print race, for example, for example, Hmong, Print race, for example,
Laotian, Thai, Pakistani, Fijian, Tongan, and Laotian, Thai, Pakistani, Fijian, Tongan, and
Cambodian, and so on. so on. Cambodian, and so on. so on.
Some other race – Print race. Some other race – Print race.
§.4!G¤ 3
13190046
Person 5 ➜ If there are more than five people living or staying here,
print their names in the spaces for Person 6 through Person 12.
1 What is Person 5’s name? We may call you for more information about them.
Last Name (Please print) First Name MI
Person 6
Last Name (Please print) First Name MI
2 How is this person related to Person 1? Mark (X) ONE box.
Husband or wife Son-in-law or daughter-in-law
Biological son or daughter Other relative
Adopted son or daughter Roomer or boarder Sex Male Female Age (in years)
Stepson or stepdaughter Housemate or roommate
Person 7
Brother or sister Unmarried partner Last Name (Please print) First Name MI
Father or mother Foster child
Grandchild Other nonrelative
Parent-in-law
3 What is Person 5’s sex? Mark (X) ONE box. Sex Male Female Age (in years)
PY
Male Female
Person 8
4 What is Person 5’s age and what is Person 5’s date of birth? Last Name (Please print) First Name MI
Please report babies as age 0 when the child is less than 1 year old.
O
Print numbers in boxes.
C
Age (in years) Month Day Year of birth
AL
Sex Male Female Age (in years)
➜ NOTE: Please answer BOTH Question 5 about Hispanic origin and
Question 6 about race. For this survey, Hispanic origins are not races.
Person 9
N
5 Is Person 5 of Hispanic, Latino, or Spanish origin? Last Name (Please print) First Name MI
IO
and so on.
Last Name (Please print) First Name MI
FO
White
Black, African Am., or Negro Sex Male Female Age (in years)
American Indian or Alaska Native — Print name of enrolled or principal tribe.
Person 11
Last Name (Please print) First Name MI
4 §.4!O¤
13190053
Housing
b. a flush toilet?
1 Which best describes this building? 4 How many acres is this house or
Include all apartments, flats, etc., even if mobile home on? c. a bathtub or shower?
vacant.
Less than 1 acre ➔ SKIP to question 6 d. a sink with a faucet?
A mobile home
1 to 9.9 acres e. a stove or range?
A one-family house detached from any
other house 10 or more acres f. a refrigerator?
A one-family house attached to one or
more houses g. telephone service from
which you can both make
PY
A building with 2 apartments 5 IN THE PAST 12 MONTHS, what and receive calls? Include
were the actual sales of all agricultural cell phones.
A building with 3 or 4 apartments products from this property?
O
A building with 5 to 9 apartments
None 9 How many automobiles, vans, and trucks
C
A building with 10 to 19 apartments
$1 to $999 of one-ton capacity or less are kept at
A building with 20 to 49 apartments home for use by members of this
$1,000 to $2,499
AL
A building with 50 or more apartments household?
$2,500 to $4,999
Boat, RV, van, etc. None
$5,000 to $9,999
N
1
$10,000 or more
IO
2
2 About when was this building first built? 3
AT
6 or more
Yes
R
1990 to 1999 No
FO
§.4!V¤ 5
13190061
Housing (continued)
11 a. LAST MONTH, what was the cost 12 IN THE PAST 12 MONTHS, did anyone in
of electricity for this house, this household receive Food Stamps or C Answer questions 16 – 20 if you or
apartment, or mobile home? a Food Stamp benefit card? Include someone else in this household OWNS
government benefits from the Supplemental or IS BUYING this house, apartment, or
Last month’s cost – Dollars mobile home. Otherwise, SKIP to E on
Nutrition Assistance Program (SNAP).
Do NOT include WIC or the National School the next page.
$ .00 Lunch Program.
,
OR Yes
Included in rent or condominium fee No 16 About how much do you think this
No charge or electricity not used house and lot, apartment, or mobile
13 Is this house, apartment, or mobile home home (and lot, if owned) would sell for
b. LAST MONTH, what was the cost part of a condominium? if it were for sale?
of gas for this house, apartment,
or mobile home? Yes ➔ What is the monthly Amount – Dollars
PY
$ .00
, your rent; otherwise, mark the
OR "None" box. 17 What are the annual real estate taxes on
THIS property?
O
Included in rent or condominium fee Monthly amount – Dollars
Annual amount – Dollars
C
Included in electricity payment $ .00
entered above , $ .00
No charge or gas not used OR ,
AL
None OR
c. IN THE PAST 12 MONTHS, what was
N
you have lived here less than 12 months, 14 Is this house, apartment, or mobile home –
estimate the cost. Mark (X) ONE box. 18 What is the annual payment for fire,
AT
,
OR Owned by you or someone in this
$ .00
R
No charge Rented? OR
Occupied without payment of None
d. IN THE PAST 12 MONTHS, what was the rent? ➔ SKIP to C
IN
$ .00
,
15 a. What is the monthly rent for this
OR house, apartment, or mobile home?
Included in rent or condominium fee Monthly amount – Dollars
No charge or these fuels not used
$ .00
,
Yes
No
6 §.4!^¤
13190079
Housing (continued)
PY
$ .00
, $ .00
,
OR
O
OR
No regular payment required ➔ SKIP to
C
question 20a No regular payment required
AL
c. Does the regular monthly mortgage
payment include payments for real
estate taxes on THIS property?
N
payment
No, taxes paid separately or taxes
AT
not required
21 What are the total annual costs for
personal property taxes, site rent,
M
§.4!p¤ 7
13190087
Person 1 11 What is the highest degree or level of school 13 What is this person’s ancestry or ethnic origin?
this person has COMPLETED? Mark (X) ONE box.
If currently enrolled, mark the previous grade or
➜ Please copy the name of Person 1 from page 2, highest degree received.
then continue answering questions below.
Last Name NO SCHOOLING COMPLETED
No schooling completed (For example: Italian, Jamaican, African Am.,
Cambodian, Cape Verdean, Norwegian, Dominican,
NURSERY OR PRESCHOOL THROUGH GRADE 12 French Canadian, Haitian, Korean, Lebanese, Polish,
First Name MI Nigerian, Mexican, Taiwanese, Ukrainian, and so on.)
Nursery school
Kindergarten 14 a. Does this person speak a language other than
Grade 1 through 11 – Specify English at home?
7 Where was this person born? grade 1 – 11
Yes
In the United States – Print name of state.
No ➔ SKIP to question 15a
PY
c. How well does this person speak English?
8 Is this person a citizen of the United States? COLLEGE OR SOME COLLEGE
Some college credit, but less than 1 year of Very well
Yes, born in the United States ➔ SKIP to 10a
O
college credit Well
Yes, born in Puerto Rico, Guam, the 1 or more years of college credit, no degree
C
U.S. Virgin Islands, or Northern Marianas Not well
Yes, born abroad of U.S. citizen parent Associate’s degree (for example: AA, AS) Not at all
or parents
AL
Bachelor’s degree (for example: BA, BS)
Yes, U.S. citizen by naturalization – Print year AFTER BACHELOR’S DEGREE 15 a. Did this person live in this house or apartment
of naturalization 1 year ago?
N
Doctorate degree (for example: PhD, EdD) No, outside the United States and
9 When did this person come to live in the
United States? Print numbers in boxes. Puerto Rico – Print name of foreign country,
or U.S. Virgin Islands, Guam, etc., below;
Year then SKIP to question 16
M
person attended school or college? Include No, different house in the United States or
only nursery or preschool, kindergarten, Puerto Rico
elementary school, home school, and schooling
which leads to a high school diploma or a college b. Where did this person live 1 year ago?
IN
8 §.4!x¤
13190095
PY
f. VA (including those who have ever the last 12 months, but not now
used or enrolled for VA health care)
21 In the PAST 12 MONTHS did this person get – Yes, on active duty in the past, but not
g. Indian Health Service Yes No during the last 12 months
O
h. Any other type of health insurance a. Married? No, training for Reserves or National Guard
or health coverage plan – Specify only ➔ SKIP to question 28a
C
b. Widowed? No, never served in the military ➔ SKIP to
question 29a
AL
c. Divorced?
27 When did this person serve on active duty in the
U.S. Armed Forces? Mark (X) a box for EACH period
17 a. Is this person deaf or does he/she have 22 How many times has this person been married? in which this person served, even if just for part of the
N
b. Is this person blind or does he/she have 23 In what year did this person last get married? September 1980 to July 1990
serious difficulty seeing even when wearing
glasses? Year May 1975 to August 1980
M
§.4!¢¤ 9
13190103
Person 1 (continued) 36 During the LAST 4 WEEKS, has this person been
J Answer question 32 if you marked "Car,
ACTIVELY looking for work?
truck, or van" in question 31. Otherwise,
29 a. LAST WEEK, did this person work for pay SKIP to question 33. Yes
at a job (or business)?
No ➔ SKIP to question 38
Yes ➔ SKIP to question 30
No – Did not work (or retired) 32 How many people, including this person,
usually rode to work in the car, truck, or van 37 LAST WEEK, could this person have started a
LAST WEEK? job if offered one, or returned to work if
b. LAST WEEK, did this person do ANY work
for pay, even for as little as one hour? Person(s) recalled?
a. Address (Number and street name) : p.m. Within the past 12 months
1 to 5 years ago ➔ SKIP to L
PY
34 How many minutes did it usually take this Over 5 years ago or never worked ➔ SKIP to
If the exact address is not known, give a question 47
person to get from home to work LAST WEEK?
O
description of the location such as the building
name or the nearest street or intersection. Minutes 39 a. During the PAST 12 MONTHS (52 weeks), did
C
b. Name of city, town, or post office this person work 50 or more weeks? Count
paid time off as work.
AL
Yes ➔ SKIP to question 40
No
K Answer questions 35 – 38 if this person
N
50 to 52 weeks
d. Name of county 35 a. LAST WEEK, was this person on layoff from
a job? 48 to 49 weeks
M
No 27 to 39 weeks
e. Name of U.S. state or foreign country
FO
14 to 26 weeks
b. LAST WEEK, was this person TEMPORARILY 13 weeks or less
absent from a job or business?
IN
10 §.4"$¤
13190111
Person 1 (continued) 45 What kind of work was this person doing? d. Social Security or Railroad Retirement.
(For example: registered nurse, personnel manager,
supervisor of order department, secretary,
accountant) Yes ➔ $ .00
L Answer questions 41 – 46 if this person ,
worked in the past 5 years. Otherwise, No
SKIP to question 47. TOTAL AMOUNT for past
12 months
41 – 46 CURRENT OR MOST RECENT JOB 46 What were this person’s most important e. Supplemental Security Income (SSI).
ACTIVITY. Describe clearly this person’s chief activities or duties? (For example: patient care,
job activity or business last week. If this person directing hiring policies, supervising order clerks,
had more than one job, describe the one at typing and filing, reconciling financial records) Yes ➔ $ .00
,
which this person worked the most hours. If this No
person had no job or business last week, give TOTAL AMOUNT for past
information for his/her last job or business. 12 months
PY
an employee of a PRIVATE NOT-FOR-PROFIT, (NOTE: The "past 12 months" is the period from TOTAL AMOUNT for past
tax-exempt, or charitable organization? today’s date one year ago up through today.) 12 months
a local GOVERNMENT employee Mark (X) the "No" box to show types of income
O
(city, county, etc.)? NOT received. g. Retirement, survivor, or disability pensions.
Do NOT include Social Security.
C
a state GOVERNMENT employee? If net income was a loss, mark the "Loss" box to
the right of the dollar amount.
a Federal GOVERNMENT employee? Yes ➔ $ .00
,
AL
SELF-EMPLOYED in own NOT INCORPORATED For income received jointly, report the appropriate No
business, professional practice, or farm? share for each person – or, if that’s not possible, TOTAL AMOUNT for past
report the whole amount for only one person and 12 months
N
SELF-EMPLOYED in own INCORPORATED mark the "No" box for the other person.
business, professional practice, or farm?
IO
deductions for taxes, bonds, dues, or other items. or alimony. Do NOT include lump sum payments
such as money from an inheritance or the sale of a
42 For whom did this person work? home.
Yes ➔ $ .00
M
12 months No
Name of company, business, or other employer TOTAL AMOUNT for past
FO
12 months
b. Self-employment income from own nonfarm
businesses or farm businesses, including
proprietorships and partnerships. Report 48 What was this person’s total income during the
IN
NET income after business expenses. PAST 12 MONTHS? Add entries in questions 47a
43 What kind of business or industry was this? to 47h; subtract any losses. If net income was a loss,
Describe the activity at the location where employed. enter the amount and mark (X) the "Loss" box next to
(For example: hospital, newspaper publishing, mail Yes ➔ $ .00 the dollar amount.
order house, auto engine manufacturing, bank)
,
No Loss
TOTAL AMOUNT for past None OR $ .00
12 months , ,
Loss
TOTAL AMOUNT for past
c. Interest, dividends, net rental income, 12 months
royalty income, or income from estates
44 Is this mainly – Mark (X) ONE box. and trusts. Report even small amounts credited
to an account.
manufacturing?
wholesale trade? Yes ➔ $ .00
,
retail trade? No
TOTAL AMOUNT for past Loss
other (agriculture, construction, service, 12 months
government, etc.)?
§.4",¤ 11
13190129
Person 2
PY
O
C
AL
N
IO
AT
M
R
FO
IN
12 §.4">¤
§.4#n¤
IN
FO
R
M
AT
IO
N
AL
C
O
PY
13190277
27
13190285
Mailing
Instructions
PY
➜ Then...
• put the completed questionnaire into the postage-paid
O
return envelope. If the envelope has been misplaced,
C
please mail the questionnaire to:
U.S. Census Bureau
AL
P.O. Box 5240
Jeffersonville, IN 47199-5240
N
28 §.4#v¤
t &peals
PxfIWr Btatee ~ o ' u rof
FOR THE DISTRICTOF COLUMBIA CIRCUIT
Petitioner
.L
BEFORE- S ; e i T e , Chief&dge, Zk
iJ Gi&~rg and Tatel, Circuit ~ud&s
ORDER
Upon consideration of the motion to restore the petition for a writ of mandamus,
construed as a motion for reconsideration, it is
Per Curiam
-EXHIBIT F
. Case: 09-5322 Document: 1217672 Filed: 11/25/2009 Page: 1
Petitioner
-*
BEFORE: Ginsburg, Garland, and Brown, Circuit Judges '"
ORDER
Upon consideration of the petition for a writ of mandamus, the motion for leave to
proceed in forma pauperis, and the motion for a waiver of the docketing fee, it is
ORDERED that the motion for leave to proceed in forma pauperis and the motion
for a waiver of the docketing fee be granted. It is
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.
Per Curiam
By: Is1
Lynda M. Flippin
Deputy Clerk
EXHIBIT G
. Case 1:08-cv-02234-RJL Document 31 Filed 03116/10 Page 1 of 2
1
CHRISTOPHER EARL STRUNK, )
)
Plaintiff, 9
)
v. 1 Civil Action No. 08-2234 (RJL)
)
UNITED STATES DEPARTMENT 1
.C
OF STATE, et al., )
1
Defendants. )
ORDER
F'URTHER ORDERED that plaintiffs requests for mandamus relief and for any other
relief not available under the Freedom of Information Act, including all forms of relief requested
e
in his 'Wotice of Cross Motion of Quo Warranto Demand for Jury Trial and Decision on
FURTHER ORDERED that, not later than May 3, 2010, the parties shall file a joint
SO ORDERED.
2
Case 1:08-cv-02234-RJL Document 30 Filed 03/16/10 Page 1 of 7
)
CHRISTOPHER EARL STRUNK, )
)
Plaintiff, )
)
v. ) Civil Action No. 08-2234 (RJL)
)
UNITED STATES DEPARTMENT )
OF STATE, et al., )
)
Defendants. )
--------------------------)
MEMORANDUM OPINION
Plaintiff brings this action under the Freedom of Information Act ("FOIA), see 5 U.S.C. §
552, seeking information from the United States Departments of State "(State Department") and
Homeland Security ("DHS") about then President Elect Barack Hussein Obama and his late
mother, Stanley Ann Dunham. This matter is before the Court on defendants' partial motion to
dismiss, and the Court will grant the motion for the reasons discussed below. l
The Court summarily denies plaintiffs request for a writ of mandamus. Mandamus relief
is available only if: "(1) the plaintiff has a clear right to relief; (2) that defendant has a clear duty
to act; and (3) there is no other adequate remedy available to plaintiff." Northern States Power
Co. v. u.s. Dep't of Energy, 128 F.3d 754, 758 (D.C. Cir. 1997). In this action, plaintiff demands
the release of records maintained by federal government agencies, and an adequate remedy for a
request of this nature exists pursuant to the FOIA. 5 U.S.c. § 552(a)(4)(B); see Pickering-
George v. Registration Unit, DEAIDOJ, 553 F. Supp. 2d 3, 4 (D.D.C. 2008) ("The exclusive
nature of the FOIA precludes mandamus relief."); see also Johnson v. Executive Office for u.s.
Attorneys, 310 F.3d 771,777 (D.C. Cir. 2002).
1
Case 1:08-cv-02234-RJL Document 30 Filed 03/16/10 Page 2 of 7
I. BACKGROUND
Plaintiff submitted a FOIA request to the State Department on October 17, 2008, Amd.
!d., Ex. A. The State Department notified plaintiff that it did not maintain this type of
infonnation, and referred plaintiff to the Bureau of Customs and Border Protection, a component
of the DHS. Defs.' Partial Mot. to Dismiss PI.'s Amd. CompI. ("Defs.' Mot."), Ex. D at 1.
In his second FOIA request to the State Department, plaintiff sought infonnation
pertaining not only to Stanley Ann Dunham but also to Barack Hussein Obama. With respect to
2
Case 1:08-cv-02234-RJL Document 30 Filed 03/16/10 Page 3 of 7
With respect to the request for the late Ms. Dunham's passport applications, the State
Department notified plaintiff that it would process the request, to which it assigned case
processing number 200807238. Defs.' Mot., Ex. E at 2. All other aspects ofthe request,
assigned case control number 200807272, were denied because plaintiff did not comply with
regulations for requests for information pertaining to living third parties. Id. at 3-4. Specifically,
plaintiff did not submit Mr. Obama's authorization for release of his passport and similar
records. Id. at 4.
On December 26, 2008, plaintiff submitted a FOIA request to the DHS' Bureau of
Customs and Border Protection ("CBP"). Compi. ~ 22. He sought the same information from
the DHS that he requested from the State Department. See id., Ex. I at 1-2. Defendants' counsel
represents that, on February 3,2009, the CBP "informed [plaintiff] that it would not release
records relating to [Mr.] Obama because DHS regulations ... require privacy waivers before
third-party records can be released," and that the CBP "released ... responsive entry/exit records
Plaintiff believes that Barack Hussein Obama was born in Kenya, that his birth was
registered in Hawaii, and that he, at most, is a naturalized United States citizen. See Amd.
Compi. ~ 36. For these reasons, plaintiff asserts that Mr. Obama "is not a U.S. 'natural born'
citizen and [is] ineligible to serve as the United States President, pursuant to the United States
3
Case 1:08-cv-02234-RJL Document 30 Filed 03/16/10 Page 4 of 7
Constitution, Article II, Section 1, Clause 5." Id. ~ 27. Plaintiff claims to have "suffered an
informational injury as a voter and member ofpublic[,] and the lack of information on [Mr.
Obama's] citizenship, caused by the State Department[']s action, limited the information
available to [plaintiff] as a voter and impaired his ability to influence and inform the public and
policymakers." Id. ~ 57. Plaintiff demands that the State Department and DRS release all the
documents he requested, so that he may determine whether Mr. Obama is a natural born United
States citizen, see id. ~ 62, lest "an illegal candidate ... serve as President of the United States."
Id. ~ 63.
II. DISCUSSION
Defendants move to dismiss the amended complaint to the extent it seeks records
pertaining to Barack Obama, see Defs.' Mot. at 6, on the ground that plaintiffs FOIA requests
"[E]ach agency, upon any request for records which (i) reasonably describes such records
and (ii) is made in accordance with published rules stating the time, place, fees (if any), and
procedures to be followed, shall make the records promptly available to any person." U.S.C. §
552(a)(3)(A). "An agency's disclosure obligations are not triggered ... until it has received a
proper FOIA request in compliance with its published regulations." Antonelli v. Fed. Bureau of
Prisons, 591 F. Supp. 2d 15,26 (D.D.C. 2008) (citing 5 U.S.C. § 552(a)(3) and 552(a)(6)(A)(i));
see Carbe v. Bureau ofAlcohol, Tobacco and Firearms, No.03-1658, 2004 WL 2051359, at *8
(D.D.C. Aug. 12,2004) ("A proper FOIA request, once received, requires the government to
search for responsive records and to release all that are not otherwise exempt."). A requester's
"failure to comply with an agency's FOIA regulations is the equivalent of a failure to exhaust"
4
Case 1:08-cv-02234-RJL Document 30 Filed 03/16/10 Page 5 of 7
administrative remedies. West v. Jackson, 448 F. Supp. 2d 207,211 (D.D.C. 2006) (citations
omitted).
review" under FOIA. Wilbur v. Central Intelligence Agency, 355 F.3d 675, 677 (D.C. Cir. 2004)
(per curiam). Exhaustion allows "the agency [] an opportunity to exercise its discretion and
expertise on the matter and to make a factual record to support its decision." Id. (quoting
Oglesby v. United States Dep 't of the Army, 920 F.2d 57, 61 (D.C. Cir. 1990)). It is not a
jurisdictional requirement, Hidalgo v. Fed. Bureau of Investigation, 344 F.3d 1256, 1258 (D.C.
Cir. 2003), but instead is a prudential consideration. Wilbur, 355 F.3d at 677. If a requester has
not exhausted his administrative remedies prior to the filing of a civil action, his claim is subject
State Department regulations require that "requests for records pertaining to another
individual ... be accompanied by a written authorization for access by the individual, notarized
or made under penalty ofperjury, or by proof that the individual is deceased (e.g., death
require that requests for records about another individual include "either a written authorization
signed by that individual permitting disclosure of those records . .. or proof that that individual
(emphasis added).
Plaintiff "admits that Barack Hussein Obama ... has not provided permission to release
5
Case 1:08-cv-02234-RJL Document 30 Filed 03/16/10 Page 6 of 7
documents[.]" PI. 's Aff.~ 20. 2 Rather, he steadfastly asserts his claims that Mr. Obama neither is
a natural born citizen of the United States nor is eligible to hold the office of President of the
United States. See generally PI.'s Aff. Neither of these claims is relevant to this FOIA action,
the sole purpose of which is to determine whether defendants properly responded to plaintiffs
It is clear on this record that plaintiff did not submit proper FOIA requests to the State
Department and to DHS because the requests did not include written authorization from Mr.
Obama for the release of information to plaintiff. Plaintiff has failed to exhaust his
administrative remedies with respect to his requests for information about Mr. Obama, and these
2009 WL 5102713, at *4 (D.D.C. Dec. 28,2009) (dismissing a FOIA claim against the FBI
because plaintiff failed to mail his request directly to the appropriate field office as is required
under agency regulations); Thomas v. Fed. Comm 'ens Comm 'n, 534 F.Supp.2d 144, 146
(D.D.C.2008) (granting summary judgment in the agency's favor "[i]n the absence of any
evidence that plaintiff submitted a proper FOIA request to which defendant would have been
obligated to respond").
6
Case 1:08-cv-02234-RJL Document 30 Filed 03/16/10 Page 7 of 7
III. CONCLUSION
The Court will grant defendant's partial motion to dismiss, and will direct the parties to
submit a joint proposed schedule to govern future proceedings in this action. An Order is issued
separately.
7
% Document 18 Filed 03110f10 Page 1 of 1
Case 1:09-~~41249-RJL
1
CHRISTOPHER EARL STRUNK, )
)
Plaintiff, ' )
1
v. 1 Civil Action No. 09-1249 (RJL)
1
NEW YORK PROVINCE OF THE 1 L
)
Defkdants. )
)
ORDER
For the reasons stated in the accompanying Memorandum Opinion, it is hereby
ORDERED that the motion to dismiss filed on behalf of the New York Pmvince of the
FURTHER ORDERED that the federal defendants' motion to dismiss [Dkt. #13] is
GRANTED; ahd it is
SO ORDERED.
RICHARDUON
United States District Judge
DATE:
3 r dta
Case 1:09-cv-01249-RJL Document 17 Filed 03/10/10 Page 1 of 7
MEMORANDUM OPINION
This matter is before the Court on defendants' motions to dismiss. For the
reasons discussed below, the motions will be granted and this action will be dismissed.
1. BACKGROUND
Plaintiff's complaint is far from the short and plain statement called for in the Federal
Rules of Civil Procedure. It does not simply state the grounds upon which the court's
jurisdiction depends, a claim showing that plaintiff's entitlement to relief, and a demand for
judgment for the relief sought. See Fed. R. Civ. P. 8(a). Rather, it is a verbose, disorganized,
and confused collection of conclusory statements in the guise of a verified complaint with a
Plaintiff appears to assert that elected officials in the State of New York and New York
City, as well as federal government agencies and officials, are acting in association with or under
the direction of the Roman Catholic Church, the Society of Jesus, 1 and the Sovereign Military
Founded by St. Ignatius of Loyola, the Society of Jesus is a religious order in the
(continued ... )
1
Case 1:09-cv-01249-RJL Document 17 Filed 03/10/10 Page 2 of 7
Order of Malta. 2 Because the members of these organizations have sworn an oath to the Pope,
plaintiff alleges that they cannot simultaneously uphold the United States Constitution. Further,
plaintiff appears to allege that the named defendants essentially are acting as agents of a foreign
government, presumably the Vatican, in violation of the Logan Act, see 18 U.S.c. § 953. 3 These
circumstances allegedly cause plaintiff and the citizens of New York unspecified "collective
spiritual and individual temporal injuries," CompI. at 1 (introductory paragraph), and denies them
a republican form of government. Id. Plaintiff demands a declaratory judgment and injunctive
relief generally to enjoin the Society of Jesus and the Sovereign Military Order of Malta from
l( ... continued)
Catholic Church and is organized world-wide in 85 administrative units called provinces, the
order is led by a Superior General in Rome. In the United States, there are 10 provinces. These
make up what is known as the American Assistancy, headquartered at the Jesuit Conference in
Washington, DC. See http://www.jesuit.org (follow "FAQs" hyperlink); http://nysj.org (follow
"Who We Are" hyperlink, then follow "The Society of Jesus" hyperlink).
2 The Order of Malta officially is called the Sovereign Military Hospitaller Order of
St. John of Jerusalem of Rhodes and of Malta, and common abbreviations are the Sovereign
Military Order of Malta, the Sovereign Order of Malta, and the Order of Malta. Its members are
commonly known as the Knights of Malta. See http://www.orderofinalta.org (follow "English"
hyperlink, then follow "Names of the Order" hyperlink)
3
In relevant part, the Logan Act provides:
Any citizen of the United States, wherever he may be, who, without
authority of the United States, directly or indirectly commences or
carries on any correspondence or intercourse with any foreign
government or any officer or agent thereof, with intent to influence
the measures or conduct of any foreign government or of any officer
or agent thereof, in relation to any disputes or controversies with the
United States, or to defeat the measures ofthe United States, shall be
fined under this title or imprisoned not more than three years, or both.
18 U.S.C. § 953.
2
Case 1:09-cv-01249-RJL Document 17 Filed 03/10/10 Page 3 of 7
conducting unspecified activities until such time as an appointed special master can assess the
damages caused by their failure to comply with federal and New York State law.
II. DISCUSSION
"Three inter-related judicial doctrines - standing, mootness, and ripeness, ensure that
federal courts assert jurisdiction only over 'Cases' and 'Controversies.'" Worth v. Jackson, 451
F.3d 854, 855 (D.C. Cir. 2006).4 A core element of Article Ill's case-or-controversy requirement
is that a plaintiff have standing to sue. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 561
(1992). To satisfy this burden, "[ a] plaintiff must allege personal injury fairly traceable to the
defendant's allegedly unlawful conduct and likely to be redressed by the requested relief." Allen
v. Wright, 468 U.S. 737, 751 (1984). Thus, a party has standing ifhis claims "spring from an
'injury in fact' - an invasion of a legally protected interest that is 'concrete and particularized,'
'actual or imminent' and 'fairly traceable' to the challenged act of the defendant, and likely to be
redressed by a favorable decision in the federal court." Na vega r. Inc. v. United States, 103 F.3d
994,998 (D.C. Cir. 1997) (quoting Lujan v. Defenders of Wildlife, 504 U.S. at 560-61).
"[T]hroughout the litigation, the plaintiff 'must have suffered, or be threatened with, an actual
injury traceable to the defendant and likely to be redressed by a favorable judicial decision.'"
Spencer v. Kemna, 523 U.S. 1,7 (1998) (quoting Lewis v. Continental Bank Corp., 494 U.S. 472,
477 (1990». If, at any time, the Court determines that it lacks subject matter jurisdiction, the
4
The judicial doctrines of mootness and ripeness are not relevant to this case.
3
Case 1:09-cv-01249-RJL Document 17 Filed 03/10/10 Page 4 of 7
Insofar as plaintiff brings a claim under the Logan Act, the Court concludes that he lacks
standing to do so. Only the United States Department of State is aggrieved by a violation of the
Logan Act, see ITT World Comm 'ens, Inc. v. Fed. Comm 'ens Comm 'n, 699 F.2d 1219, 1231
(D.C. Cir. 1983), rev'd on other grounds, 466 U.S. 463 (1984), and plaintiff cannot demonstrate
an injury suffered due to defendants' Logan Act violation that affects him "in a personal and
Nor does plaintiff have standing to bring a claim that defendants' actions deprive him of a
republican form of government. The Supreme Court has "consistently held that a plaintiff raising
only a generally available grievance about government - claiming only harm to his and every
citizen's interest in proper application of the Constitution and laws, and seeking relief that no
more directly and tangibly benefits him than it does the public at large - does not state an Article
III case or controversy." Lujan v. Defenders of Wildlife, 504 U.S. at 573-74. Where, as here,
"[p ]laintiff s stake is no greater and his status no more differentiated than that of millions of
other voters[,] ... his harm is too vague and its effects too attenuated to confer standing on any
and all voters." Berg v. Obama, 574 F. Supp. 2d 509, 519 (E.D. Pa. 2008), aff'd, 586 F.3d 234
(3d Cir. 2009); see Hooker v. Sasser, 893 F. Supp. 764, 767 (M.D. Tenn. 1995) ("The Court
finds that the plaintiffs' allegations of diluted voting power [and] denial of undivided loyalty ...
do not identify any 'concrete and particularized' injury which they have suffered or will suffer
The Court concludes that plaintiff cannot establish an injury in fact, that he is without
standing to bring his claims, and that this Court lacks jurisdiction to hear this matter. See Cohen
v. Obama, No. 08-2150,2008 WL 5191864 (D.D.C. Dec. 11,2008) (dismissing for lack of
4
Case 1:09-cv-01249-RJL Document 17 Filed 03/10/10 Page 5 of 7
standing, among others, claims that the Secretary of State wrongly issued then-Senator Barack
Obama a passport, that the Department of Homeland Security failed to arrest him for illegally
entering the country, resulting in plaintiffs disenfranchisement), ajJ'd, 332 Fed. Appx. 640 (D.C.
Cir. 2009) (per curiam); Berg v. Obama, 574 F. Supp. 2d at 519 (dismissing Natural Born Citizen
Clause claim because plaintiff, described as a life-long member of the Democratic Party, lacked
standing); Robinson v. Bowen, 567 F. Supp. 2d 1144, 1146 (N.D. Cal. 2008) (denying
preliminary injunction for petitioner, "a mere candidate hoping to become a California elector
pledged to an obscure third-party candidate whose presidential prospects are theoretical at best,"
whose alleged harm "is not only speculative but also merely derivative of the prospects of his
favored obscure candidate"); Hooker v. Sasser, 893 F. Supp. at 767 (dismissing for lack of
standing the plaintiffs claim that other candidates' acceptance of campaign contributions from
non-Tennessee citizens prevented "his qualifications as a candidate for the office of United States
Senator from being judged solely and exclusively by Tennessee citizens"); see also Warth v.
Seldin, 422 U.S. 490, 499 (1975) ("[W]hen the asserted harm is a 'generalized grievance' shared
in substantially equal measure by all or a large class of citizens, that harm alone normally does
situations." Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271, 289 (1988)
(citation omitted). Mandamus relief is proper only if"(1) the plaintiff has a clear right to relief;
(2) the defendant has a clear duty to act; and (3) there is no other adequate remedy available to
plaintiff." Council of and for the Blind ofDelaware County Valley v. Regan, 709 F.2d 1521,
5
Case 1:09-cv-01249-RJL Document 17 Filed 03/10/10 Page 6 of 7
1533 (D.C. Cir. 1983) (en bane). "[T]hose those invoking the court's mandamus jurisdiction
must have a "clear and indisputable" right to relief; and even if the plaintiff overcomes all these
hurdles, whether mandamus relief should issue is discretionary." In re Cheney, 406 F.3d 723,
729 (D.C. Cir. 2005) (citation omitted). "In order for there to be a 'duty owed to the plaintiff
within the meaning of[28 U.S.c.] § 1361, there must be a 'mandatory or ministerial obligation
[because if] the alleged duty is discretionary or directory, the duty is not 'owed.'" Stamper v.
United States, No.1 :08 CV 2593, 2008 WL 4838073, at *3 (N.D. Ohio Nov. 4, 2008).
Plaintiff appears to request the issuance of a writ of mandamus to enforce the Logan Act,
a provision in the federal criminal code. In the Attorney General the United States Constitution
vests the power to conduct criminal litigation on the federal government's behalf. 28 U.S.c. §
516; see United States v. Nixon, 418 U.S. 683, 694 (1974). "[T]he question of whether and when
[m]andamus will not lie to control the exercise of this discretion." Powell v. Katzenbach, 359
F.2d 234, 234-35 (D.C. Cir. 1965) (per curiam), cert. denied, 384 U.S. 906 (1966); see Stamper
v. United States, 2008 WL 4838073, at *3 ("Mandamus cannot be used to compel the Attorney
General or the United States Attorney to conduct investigations or prosecute alleged civil rights
violations."). Plaintiff does not demonstrate that the named defendants owe him a duty to act,
6
Case 1:09-cv-01249-RJL Document 17 Filed 03/10/10 Page 7 of 7
III. CONCLUSION
For the reasons stated above, defendants' motions to dismiss will be granted, and this
civil action will be dismissed for lack of subject matter jurisdiction. An Order accompanies this
Memorandum Opinion.
7
Govlt offers new assurance censua data i s private
WASHINGTON - With the 2010 population count looming, the government provided
new assurances Thursday that information Americans fill out on their census
forms will be kept confidential and not be used for law enforcement.
The legal assurance had been a sticking point for some minority gr'&ps,
particularly South Asian and Muslim Americans, who argued that an ambiguity
in federal laws could leave their census data open for use in prosecutions
involving national security. Some said they could not feel confident in
filling out the forms based on solely the verbal promises of Commerce
Secretary Gary Locke and other census officials who said the data will not be
shared with other federal agencies.
"All United States residents should be fully confident that the individual
information they provide on census forms is protected from disclosure by
law," said Commerce spokesman Nick Kimball.
The Census Bureau this week began delivering letters to homes in rural areas
and is mailing the 10-question forms to 120 million U . S . households on March
15. Officials have estimated the government survey will take just 10 minutes
to complete, a change from previous censuses in which many people received a
more detailed questionnaire.
The government move comes as several black, Latino and Asian groups as well
as some lawmakers have questioned whether the Census Bureau has been able to
motivate hard-to-count groups, who are primarily minorities and the poor. One
of the main obstacles to census participation they cited has been a distrust
of government, including concerns about whether their personal information
may be misused.
The Justice Department is not aware of an instance where the Patriot Act has
ever been used to obtain census information. "The administration is confident
that the Patriot Act still provides the tools and authorities we need to
combat terrorism and protect the American people," said Justice spokesman
Alej andro Miyar .
On the Net:
Commerce Department: http://www.conunerce.qov
Census Bureau: http://www.census.gov \
EXHIBIT J
US House of Representatives Size 1790 thru 2000
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and his administration S& who really nus (be show h the top to the hc(Obama).
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"The Rlack Pope"
Obama’s White Papal Masters | Vatican Assassins Page 7 of 18 Obama’s White Papal Masters | Vatican Assassins Page 8 of 18
John J. DeGioia
President Jesuit Georgetown University
Member: Knights of Malta
Member: Council On Foreign Relations
Adminstrator: “Latin Kingdom of Jerusalem“—Israel
Richard N. Haass
Chairman: Council on Foreign Relations
New York City
Servant of Edward Cardinal Egan
Overseer of AIPAC: George Soros
American Israel Public Affairs Committee Member: Council on Foreign Relations
Freemasonic Jewish Labor Zionist Member: Carlyle Group
Court Jew for the Pope Multi-billionaire
Adminstrator: “Latin Kingdom of Jerusalem“—Israel Major Stockholder: Halliburton
Hungarian Jew: Socialist-Communist
Financial Backer of Barack Hussein Obama
Friend of Rupert Murdoch
Freemasonic Jewish Labor Zionist
“Court Jew for the Pope”
Zbigniew Brzezinski
Member: Knights of Malta
Member: Bilderberg Group
Member: Council On Foreign Relations
Member: Trilaterial Commission
Advisor: Jesuit Georgetown University
Polish Roman Catholic Socialist-Communist
Professor: Columbia University, New York Rupert Murdoch
Member: Council on Foreign Relations
Obama’s White Papal Masters | Vatican Assassins Page 11 of 18 Obama’s White Papal Masters | Vatican Assassins Page 12 of 18
Barry Davis
“Barack Hussein Obama”
32nd Degree Prince Hall Freemason
President of Rome’s “Holy Roman,”
14th Amendment American Empire
Joseph R. Biden
Sunni Moslem, Pretended Protestant Christian
Papal Knight; Jesuit Temporal Coadjutor
Mulatto: Mulatto Father, White Mother
Vice President: Rome’s “Holy Roman”
Father: Frank Marshall Davis, Jr.
14th Amendment American Empire
Wife: Michelle, Member: Chicago CFR
Alter Ego: Jesuit Advisor to
Obama: CFR-Controlled and CFR Spokesperson
President Barry Davis Obama
Obama: Promoted by the late William F. Buckley, Jr.
Promoter: Council on Foreign Relations
Buckley: Knight of Malta, Bonesman, Bilderberger, CFR Member
Honorary Degrees:
Buckley: Promoter of Reverse Discrimination against Whites
Jesuit University of Scranton, Scranton, PA
Buckley: Promoter of a Coming Black President
Jesuit St. Joseph’s University, Philadelphia, PA
Obama: Trained in Romanism, Islam and Apostate Protestantism
Obama: “Nimrod”; Pretended Unifier of Whites and Blacks
Obama: Promoter of the Papal Crusade against Shia Islam
Obama: Promoter of Bush’s Papal Inquisition
Against Protestant American Liberties
Obama: Jesuit Temporal Coadjutor
Promotor of the Black Pope’s Counter-Reformation
Barry Davis: “Boy” of Pope Benedict XVI
[...] In this authors opinion only one group fits the description, and that is the last
option offered as number ten, the Vatican. John Kennedy, as the first Roman
Catholic president ever elected, was warning the public about the sinister role of the
Jesuit Order under the umbrella of the Vatican and Roman Catholic Church as the
enemy of the American Constitution and the Bill of Rights. the Jesuits have been
involved in orchestrating most wars and political assassinations and have been
kicked out of 73 countries for their duplicity. The Jesuits are a military order
created under Pope Paul III by the first Jesuit Supreme General, Ignatius Loyola or
the Black Pope in 1534 to counter the Protestant Reformation. The Jesuits are an
order that requires its leaders to take a blood secrecy oath (revealing their secret
plans or actions result in taking their blood or death). The current chain of command
and titles of the “latest puppet” US President Barack Obama under the Black Pope
Adolfo Nicolas are pictured on Eric Phelps web site here: VaticanAssassins.org. [...]
4. Ron Paul Scores Big... TWICE - Page 8 - Sherdog Mixed Martial Arts Forums says:
September 19, 2009 at 11:18 am
[...] Originally Posted by Gotti McCarran If the CFR has not nearly as much power
Categories: Gallery, News, The Black Pope as I attribute to them, then why do these 5000 people RUN EVERYTHING? The
Tags: Jesuits, Obama, The Black Pope CFR is the ruling elite of the US.Who themselves answer to higher authority:
Obama’s White Papal Masters | Vatican Assassins [...]
5 Responses for “Obama’s White Papal Masters”
5. The Papal masters of Obama « seeker401 says:
1. Vox Populi » Best of Vatican Assassins’ Georgetown conspiracy theories from 2009 September 18, 2009 at 5:33 pm
says:
December 31, 2009 at 2:10 pm [...] http://www.vaticanassassins.org/?p=95 [...]
[...] Georgetown President John DeGioia is 9th in the chain of command of You must be logged in to post a comment Login
President Obama’s “White Papal [...]
2. itisnosecretwhatgodcando says:
October 18, 2009 at 12:44 pm
Obama’s White Papal Masters | Vatican Assassins Page 15 of 18 Obama’s White Papal Masters | Vatican Assassins Page 16 of 18
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ARTICLE 2 Section. 4. The President, Vice President and all civil Officers
of the United States, shall be removed from Office on Impeachment for, and
Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
ii
[Amendment IV] The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon probable
cause, supported by Oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized.
[Amendment VI] In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the State and
district wherein the crime shall have been committed, which district shall
have been previously ascertained by law, and to be informed of the nature
and cause of the accusation; to be confronted with the witnesses against
him; to have compulsory process for obtaining witnesses in his favor, and to
have the Assistance of Counsel for his defence.
[Article. XI.][Proposed 1794; Ratified 1798] The Judicial power of the United
States shall not be construed to extend to any suit in law or equity,
commenced or prosecuted against one of the United States by Citizens of
another State, or by Citizens or Subjects of any Foreign State.
[Article. XII.][Proposed 1803; Ratified 1804] The Electors shall meet in their
respective states, and vote by ballot for President and Vice-President, one
of whom, at least, shall not be an inhabitant of the same state with
themselves; they shall name in their ballots the person voted for as
President, and in distinct ballots the person voted for as Vice-President,
iii
and they shall make distinct lists of all persons voted for as President, and
of all persons voted for as Vice-President, and of the number of votes for
each, which lists they shall sign and certify, and transmit sealed to the seat
of the government of the United States, directed to the President of the
Senate; — The President of the Senate shall, in the presence of the Senate
and House of Representatives, open all the certificates and the votes shall
then be counted; — The person having the greatest number of votes for
President, shall be the President, if such number be a majority of the whole
number of Electors appointed; and if no person have such majority, then
from the persons having the highest numbers not exceeding three on the
list of those voted for as President, the House of Representatives shall
choose immediately, by ballot, the President. But in choosing the President,
the votes shall be taken by states, the representation from each state
having one vote; a quorum for this purpose shall consist of a member or
members from two-thirds of the states, and a majority of all the states shall
be necessary to a choice. And if the House of Representatives shall not
choose a President whenever the right of choice shall devolve upon them,
before the fourth day of March next following, then the Vice-President shall
act as President, as in the case of the death or other constitutional disability
of the President. — The person having the greatest number of votes as
Vice-President, shall be the Vice-President, if such number be a majority of
the whole number of Electors appointed, and if no person have a majority,
then from the two highest numbers on the list, the Senate shall choose the
Vice-President; a quorum for the purpose shall consist of two-thirds of the
whole number of Senators, and a majority of the whole number shall be
necessary to a choice. But no person constitutionally ineligible to the office
of President shall be eligible to that of Vice-President of the United States.
iv
In re Amendment 14th Section 3. No person shall be a Senator or
Representative in Congress, or elector of President and Vice President, or
hold any office, civil or military, under the United States, or under any State,
who, having previously taken an oath, as a member of Congress, or as an
officer of the United States, or as a member of any State legislature, or as
an executive or judicial officer of any State, to support the Constitution of
the United States, shall have engaged in insurrection or rebellion against
the same, or given aid or comfort to the enemies thereof. But Congress
may by a vote of two-thirds of each House, remove such disability.
Section. 1. The terms of the President and Vice President shall end at noon
on the 20th day of January, and the terms of Senators and Representatives
at noon on the 3d day of January, of the years in which such terms would
have ended if this article had not been ratified; and the terms of their
successors shall then begin.
Section. 2. The Congress shall assemble at least once in every year, and
such meeting shall begin at noon on the 3d day of January, unless they
shall by law appoint a different day.
Section. 3. If, at the time fixed for the beginning of the term of the President,
the President elect shall have died, the Vice President elect shall become
President. If a President shall not have been chosen before the time fixed
for the beginning of his term, or if the President elect shall have failed to
qualify, then the Vice President elect shall act as President until a President
shall have qualified; and the Congress may by law provide for the case
wherein neither a President elect nor a Vice President elect shall have
qualified, declaring who shall then act as President, or the manner in which
one who is to act shall be selected, and such person shall act accordingly
until a President or Vice President shall have qualified.
ENDNOTES
The USA PATRIOT Act, commonly known as the "Patriot Act", is a statute
enacted by the United States Government and signed into law by President
George W. Bush on October 26, 2001. The contrived acronym stands for
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law
vi
Pub.L. 107-56).
The Act increases the ability of law enforcement agencies to search
telephone, e-mail communications, medical, financial, and other records;
eases restrictions on foreign intelligence gathering within the United States;
expands the Secretary of the Treasury’s authority to regulate financial
transactions, particularly those involving foreign individuals and entities;
and broadens the discretion of law enforcement and immigration authorities
in detaining and deporting immigrants suspected of terrorism-related acts.
The act also expands the definition of terrorism to include domestic
terrorism, thus enlarging the number of activities to which the USA
PATRIOT Act has expanded law enforcement powers can be applied.
The Act was passed by wide margins in both houses of Congress
and was supported by members of both the Republican and Democratic
parties. Opponents of the law have criticized its authorization of indefinite
detentions of immigrants; searches through which law enforcement officers
search a home or business without the owner’s or the occupant’s
permission or knowledge; the expanded use of National Security Letters,
which allows the FBI to search telephone, e-mail, and financial records
without a court order; and the expanded access of law enforcement
agencies to business records, including library and financial records. Since
its passage, several legal challenges have been brought against the act,
and Federal courts have ruled that a number of provisions are
unconstitutional.
Many of the act's provisions were to sunset beginning December 31,
2005, approximately 4 years after its passage. In the months preceding the
sunset date, supporters of the act pushed to make its sun-setting provisions
permanent, while critics sought to revise various sections to enhance civil
liberty protections. In July 2005, the U.S. Senate passed a reauthorization
bill with substantial changes to several sections of the act, while the House
reauthorization bill kept most of the act's original language. The two bills
were then reconciled in a conference committee that was criticized by
Senators from both the Republican and Democratic parties for ignoring civil
liberty concerns. The bill, which removed most of the changes from the
Senate version, passed Congress on March 2, 2006, and was signed into
law by President George W. Bush on March 9 and 10, 2006.
The PATRIOT Act has made a number of changes to U.S. law. Key
acts changed were the Foreign Intelligence Surveillance Act of 1978
(FISA), the Electronic Communications Privacy Act of 1986 (ECPA), the
Money Laundering Control Act of 1986 and Bank Secrecy Act (BSA), as
well as the Immigration and Nationality Act. The Act itself came about after
the September 11 terrorist attacks on New York City and the Pentagon.
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After these attacks, Congress immediately started work on several
proposed antiterrorist bills, before the Justice Department finally drafted a
bill called the Anti-Terrorism Act of 2001. This was introduced to the House
as the Provide Appropriate Tools Required to Intercept and Obstruct
Terrorism (PATRIOT) Act of 2001, and was later passed by the House as
the Uniting and Strengthening America (USA) Act (H.R. 2975) on October
12. It was then introduced into the Senate as the USA Act of 2002 (S. 1510)
where a number of amendments were proposed by Senator Russ Feingold,
all of which were passed. The final bill, the USA PATRIOT Act was
introduced into the House on October 23 and incorporated H.R. 2975, S.
1510 and many of the provisions of H.R. 3004 (the Financial Anti-Terrorism
Act). Only one Senator, Russ Feingold, who was the only Senator to vote
against the bill, vehemently opposed it. Senator Patrick Leahy also
expressed some concerns. However, both detractors and supporters saw
many parts as necessary. The final Act included a number of sunsets which
were to expire on December 31, 2005.
Due to its controversial nature, a number of bills were proposed with
which to amend the USA PATRIOT Act. These included the Protecting the
Rights of Individuals Act, the Benjamin Franklin True Patriot Act, and the
Security and Freedom Ensured Act (SAFE), none of which passed. In late
January 2003, the founder of the Center for Public Integrity, Charles Lewis,
published a leaked draft copy of an Administration proposal titled the
Domestic Security Enhancement Act of 2003.This highly controversial
document was quickly dubbed "PATRIOT II" or "Son of PATRIOT" by the
media and organizations such as the Electronic Frontier Foundation. The
draft, which was circulated to 10 divisions of the Department of Justice,
proposed to make further extensive modifications to extend the USA
PATRIOT Act. It was widely condemned, although the Department of
Justice claimed that it was only a draft and contained no further proposals.
The Sovereign Military Order of Malta (SMOM) : The Sovereign Military and
Hospitaler Order of St. John of Jerusalem of Rhodes and of Malta, known
also as the Sovereign Military Order of Malta, or SMOM, is juridically,
politically, and historically unique in the world today. Representing initially
the most powerful and reactionary segments of the European aristocracy,
for nearly a thousand years beginning with the early crusades of the Twelfth
Century, it has organized, funded, and led military operations against states
and ideas deemed threatening to its power. It is probably safe to say that
the several thousand Knights of SMOM, principally in Europe, North,
Central, and South America, comprise the largest most consistently
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powerful and reactionary membership of any organization in the world
today.
As its name suggests, SMOM is both a ''sovereign'' and, historically, a
"military" organization. Its headquarters, occupying a square block in Rome
at 68 Via Condotti, enjoys the extra-territorial legal status granted to an
embassy of a sovereign state. The Italian police are not welcome on its
territory, it issues its own stamps, and has formal diplomatic relations and
exchanges ambassadors with a number of countries.
On November 13, 1951 Italian President Alcide de Gasperi
recognized the diplomatic sovereignty of SMOM, although he held off
formal exchange of diplomatic envoys.2 On January 11, 1983 the New York
Daily News announced that, "The Vatican and the order of the Knights of
Malta, believed to be the smallest sovereign state in the world, have agreed
to establish full diplomatic relations, a joint statement said today. "
[SMOM] President Reagan's Ambassador to the Vatican, William
Wilson, is, coincidentally, a Knight of Malta. On September 5, 1984 French
Foreign Minister Claude Cheysson signed a formal protocol with SMOM for
various cooperative projects including "aid to victims of conflicts." with
Americares.
In addition to the Roman Catholic SMOM, there are four Protestant
orders of the Knights, all founded within the last 150 years or so, and all run
by ruling houses of Europe. The Roman Catholic and Protestant orders
effectively merged on Nov. 26, 1963, four days after the assassination of
John F. Kennedy. The Sovereign Head of the British Knights is Queen
Elizabeth, while the Netherlands Knights were headed until his death by the
former SS official, Prince Bernhard of the Netherlands, consort of Queen
Juliana.
Each and every member is under complete and total obedience to the
Vatican's political ambitions. The "Knights of Malta" are the militia of the
Pope. In the book "Behold a Pale Horse" you will find research into this. It is
one of the NWO SECRET SOCIETIES that are determined to overrun and
destroy America. The Pope is not innocent of this either. Milton William
Cooper's - Behold a Pale Horse (pp88-89) Quote:
The Knights of Malta is a world organization with its threads weaving
through business, banking, politics, the CIA, other intelligence
organizations, P2, religion, education, law, military, think tanks,
foundations, the United States Information Agency, the United Nations, and
numerous other organizations. They are not the oldest but are one of the
oldest branches of the Order of the Quest in existence. The world head of
the Knights of Malta is elected for a life term, with the approval of the Pope.
The Knights of Malta have their own Constitution and are sworn to work
ix
toward the establishment of a New World Order with the Pope at its head.
Knights of Malta members are also powerful members of the CFR and the
Trilateral Commission. (p.86)
The Knights of Malta ALL have diplomatic immunity. They can ship
goods across borders without paying duty or undergoing customs check.
Does that ring any bells?
In any case, that is power. The Knights of Malta is held up by a
backbone consisting of nobility. Nearly half of the 10,000 members belong
to Europe's oldest and most powerful families. This cements the alliance
between the Vatican and the "Black Nobility." The Black Nobility is mostly
the rich and powerful of Europe.
The head of the Black Nobility is the family that can claim direct
descendancy from the last Roman emperor. Maybe now you can see that
things are beginning to fall into their proper place. Membership in the
Knights of Malta entails obedience to one's superior in THE ORDER and
ultimately to the Pope. Therefore, a U.S. ambassador who is also a
member of the Knights of Malta faces a conflict of interest. Why is this fact
ignored? President Bush appointed Knight of Malta Thomas Melledy to the
post of U.S. Ambassador to the Vatican.
Grand Master Festing. The Council Complete of State elects the Prince and
Grand Master for life from the Professed Knights. According to the
Constitution, as the religious Superior and Sovereign, he must fully
dedicate himself to the development of the works of the Order and to set an
example of living by Christian principles, to all the members of the Order.
He is vested with supreme authorities. Together with the Sovereign
Council, the Grand Master issues the legislative measures not covered by
the Constitutional Charter, promulgates government acts, manages
Common Treasure assets, ratifies, international agreements and the
summoning of the Chapter General. The States with which the Order has
diplomatic relations recognize the Grand Master with the prerogatives,
immunities and honors reserved for Heads of State.
I. The title of Most Eminent Highness is bestowed on the Grand
Master, and the Holy Roman Church confers him the rank of Cardinal.
II. The Grand Master resides at the Order’s seat of government in
Via Condotti in Rome.
Profile of His Most Eminent Highness the Prince and Grand Master Fra'
Matthew FESTING
Fra’ Matthew Festing, an Englishman, was elected Prince and Grand
Master of the Order of Malta on 11th March 2008 by the Council Complete
x
of State of the Order of Malta. He succeeds Fra’ Andrew Bertie, 78th Grand
Master (1988-2008), who died on 7 February.
Born in Northumberland on 30 November 1949, educated at
Ampleforth and St. John’s College Cambridge, where he read history, Fra’
Matthew, an art expert, has for most of his professional life worked at an
international art auction house. As a child, he lived in Egypt and Singapore,
where his father, Field Marshal Sir Francis Festing, Chief of the Imperial
General Staff, had earlier postings. He is also descended from Sir Adrian
Fortescue, a knight of Malta, who was martyred in 1539.
Fra’ Matthew Festing served in the Grenadier Guards and holds the
rank of colonel in the Territorial Army. He was appointed OBE (Officer of
the Order of the British Empire) by the Queen and served as one of her
Deputy Lieutenants in the county of Northumberland.
He became a member of the Sovereign Order of Malta in 1977, and
took solemn religious vows in 1991, becoming a Professed Knight of the
Order. Between 1993 and 2008 he was the Grand Prior of England. In this
role, he led missions of humanitarian aid to Kosovo, Serbia and Croatia
after the recent disturbances in those countries, and he attended the
Order’s international annual pilgrimage to Lourdes.
Since September 2008, he has been an honorary citizen of the city of
Rapallo in Italy. In October 2009, he was awarded an Honorary Degree of
Humane Letters by Catholic University of America.
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