BORN IN THE USA?
Federal criminal complaint contends Obama ineligible
Ex-officer alleges prez used 'contrivance, concealment, dissembling and deceit'
Posted: March 25, 2009
11:55 pm Eastern
By Bob Unruh
© 2009 WorldNetDaily
An ex-military officer has raised the stakes in the ongoing dispute over Barack Obama's eligibility to be president, filing a criminal complaint against the "imposter" with the U.S. attorney's office for the Eastern District of Tennessee.
Retired U.S. Navy officer Walter Francis Fitzpatrick III, who has run a campaign for two decades to uncover and try to correct what he believes are criminal activities within the military, accused the president of "treason."
In his complaint addressed to Obama via U.S Attorney Russell Dedrick and Assistant U.S. Attorney Edward Schmutzer, Eastern District, Tennessee, Fitzpatrick wrote: "I have observed and extensively recorded invidious attacks by military-political aristocrats against the Constitution for twenty years.
"Now you have broken in and entered the White House by force of contrivance, concealment, conceit, dissembling, and deceit. Posing as an impostor president and commander in chief you have stripped civilian command and control over the military establishment."
He cited the deployment of "U.S. Army active duty combat troops into the small civilian community of Samson, Ala.," and said, "We come now to this reckoning. I accuse you and your military-political criminal assistants of TREASON. I name you and your military criminal associates as traitors. Your criminal ascension manifests a clear and present danger. You fundamentally changed our form of government. The Constitution no longer works.
"I identify you as a foreign born domestic enemy," he wrote.
The 1975 graduate of the U.S. Naval Academy in Annapolis told WND that a short time after his complaint was filed he was visited by two U.S. Secret Service agents, but they left after telling him they perceived no threat to the president in the document.
Officials with the Knoxville office of the Secret Service told WND the only person who could release information to the media was on vacation and they would not comment on the issue.
Likewise, officials with the U.S. attorney's office declined to respond to a WND request for a comment.
Fitzpatrick told WND the U.S. Justice Department needs to look into the issue.
WND reported this week that officials at the Justice Department, along with those at the Supreme Court, confirmed that documentation in a case challenging Obama's eligibility had arrived and was scheduled for an evaluation.
That case is being handled by California attorney Orly Taitz, who is working through her Defend Our Freedoms Foundation to handle several cases raising questions over Obama's qualification to be president under the Constitution's demand that the office be occupied only by a "natural born" citizen.
Taitz was informed by Karen Thornton of the Department of Justice that all of the case documents and filings have arrived and have been forwarded to the Office of Solicitor General Elena Kagan, including three dossiers.
Fitzpatrick said he has devoted his career fulltime to investigating issues in military justice and defending wrongly accused soldiers, sailors and Marines. His own career was torpedoed by a court-martial more than 20 years ago over his authorization of the use of a ship's fund to send an officer to the funeral for his brother, who had been killed by terrorists.
Fitzpatrick's situation has been described not only on his own website but forum pages on other websites that deal with military issues.
He alleges his case was fabricated and even his signature was forged by officials connected to his case. He points to the fact that he ultimately retired and was awarded a military pension as support for his allegations.
But he says the new complaint against Obama should define the issue of the president's eligibility.
"They either have to come and get me or get Mr. Obama's eligibility proved. He has an officer in his military saying he is guilty of trespass on the Constitution," Fitzpatrick told WND.
"They can recall me against my will to active duty," he said. "I would refuse. It's an illegal order by a man who is not my commander in chief."
WND has reported on dozens of civil case legal challenges to Obama's status as a "natural born citizen." The Constitution, Article 2, Section 1, states, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President."
Some of the legal challenges question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama's American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.
Other challenges have focused on Obama's citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.
Further, others question his citizenship by virtue of his attendance in Indonesian schools during his childhood and question on what passport did he travel to Pakistan three decades ago.
Adding fuel to the fire is Obama's persistent refusal to release documents that could provide answers. While his supporters cite an online version of a "Certification of Live Birth" from Hawaii, critics point out such documents actually were issued for children not born in the state.
Hawaiian officials have confirmed they have a birth certificate on file for Obama, but it cannot be released without his permission, and they have not revealed the information it contains.
John Eidsmoe, an expert on the U.S. Constitution working with the Foundation on Moral Law, has told WND a demand for verification of Obama's eligibility appears to be legitimate.
Eidsmoe said it's clear that Obama has something in the documentation of his history, including his birth certificate, college records and other documents that "he does not want the public to know."
Officials for the Obama campaign repeatedly have refused to comment on the questions, relenting only once to call the concerns "garbage."