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November 14, 2008

Third Update: Open Letter to Mr. Obama

Your Comments, WTP Responds

In our three prior articles we discussed our intention to publish an
open letter to President-Elect Obama  in USA TODAY. In effect, the open letter would be a Petition for Redress of a violation of the natural born citizen clause of the Constitution (Article II, Section 1).

The First Amendment to the Constitution guarantees a citizen’s Right to Petition officials of the Government for Redress (i.e., for a Remedy) of alleged violations of the Constitution. Inherent in the Right to Redress is the citizen’s Right to a response.

We are in the process of raising $90,000 to pay for the publication of the Open Letter and a room at the National Press Club to discuss any response by Mr. Obama.

Time is of the essence. We would like to publish the open letter next week and hold the press conference at the National Press club one week later, in advance of the dates when the Electoral College’s state electors are certified cast their votes. If Mr. Obama is not able to prove his eligibility, the electors will have to cast their votes for someone else for it would be treason to the Constitution to cast their votes for a usurper.

The purpose of this update is twofold: (1) to provide the updated total of the funds received to date; and (2), to respond to some of the comments we have received regarding the open letter.


As of Noon today, we have received $17,839 to pay for the open letter.

CLICK HERE to make your secure, (tax deductible) donation to the WTP Foundation.


Of course, we are pleased by the number of people who have responded by expressing their support for the project and the compelling need to determine the truth regarding the eligibility question.

However, some people have asked questions or otherwise expressed their disagreement. What follows is our response to the most frequently asked questions and comments received.

COMMENT: I am appalled by your claim regarding Barack Obama. This country has been such in a turmoil for years and years and now you are adding to it. I may have agreed in the past of some of your beliefs regarding the income tax system, however as far as Obama is concerned, its time to some of us or you to just let go. This is where I know I am not free in this country. Someday, If I would decide to put my candidacy I would always be questioned by some so-called true patriotic or a true born American because I am a Canadian with dual citizenship. I do not know about people of this country.. I would rather have Barack Obama over John Mc Cain as president. Where I know I will have a chance for little breathing rather than your so-called true born American Mc Cain who will make sure that my person will have no breathing area. Go ahead make your case, this is just prejudice against Mr. Obama. 

RESPONSE: We make no claim regarding Mr. Obama, other than he has refused to provide proof of his eligibility to hold the office of the President of the United States, as he is required to do by the Constitution. The reason this country is in a turmoil for “years and years” is because of the continuing violations of the  war powers, money, tax, privacy, and other prohibitions of the Constitution, including the enumerated powers clauses of the Legislative Branch. If the Government would only follow the rule book all of our problems would disappear.

Remember, the Constitution is a set of principles to govern the government. It is all that stands between the People and total tyranny and despotism. However, the Constitution can’t defend itself. It just sits there. At the end of the day, it’s up to the People to hold the Government in check by claiming and exercising their “capstone” Right to Redress as guaranteed by the last ten words of the First Amendment. The way the system of governance is working in America is in sharp contrast to the way it was designed to work. We are operating as a pure democracy with total reliance on the electoral process and the public policy positions of candidates.

We are not operating as the constitutional republic we were designed to be, with elected officials bound and limited by the chains of the Constitution. With public education having all but replaced private education in America it is not surprising the educators have determined it is not in their best interest to teach the children the historical context and purpose of our founding documents. Instead, the people learn to couch everything in political terms (if you don’t like what is going on, just vote for someone else). Just as we cannot tax our way into economic prosperity, we cannot elect our way out of tyranny, especially with someone who is unfit to be the Ruler of a Free People.

COMMENT: How did the GOP miss this? 

RESPONSE: When contacted, McCain's campaign said it would be “non-collegial” for one Senator to question the citizenship of another. In addition, when you live in a glass house it is not a good idea for you to throw stones. There is compelling evidence that Mr. McCain also fails to meet the eligibility requirements. See Mr. Donofrio’s brief to the U.S. Supreme Court.

COMMENT: Who would become President if Mr. Obama is found to be ineligible? 

RESPONSE: The state electors would be free to cast their votes for anyone. Presumably they would cast their votes for another Democrat. Much depends on if and when Mr. Obama is determined to be ineligible. Attorney Donofrio addresses the issue in his brief.

COMMENT: It is my understanding that there will be an answer to this situation on Dec. 1st.   

RESPONSE:Mr. Berg has asked the Supreme Court of the United States to hear an appeal of the lower court’s decision to dismiss (for lack of “standing”) his legal challenge to Mr. Obama’s eligibility. December 1st is the day by which Mr. Obama may respond to Mr. Berg's request of the Supreme Court to accept the case. Mr. Obama does not have to respond to the current request by Mr. Berg.

Whether he does or not, the Court will decide soon after December 1 if it will accept the case. The Court may well decide that it will not accept the case, meaning it agrees Mr. Berg does not have standing to ask any court to require Mr. Obama to prove his eligibility. Regardless, I believe it is a good idea to take the matter to the court of public opinion. Mr. Obama does not strike me as a man whose pride would prevent him from easily proving his eligibility by simply releasing the requested documents – documents that ought to be readily available to him as a natural born citizen of the United States that has not relinquished his American citizenship.


COMMENT: It seems that arguing the nationality of a man that was born in Hawaii is a stupid fight. Those donations could be used to continue the Iraq war opposition, or the IRS litigations, or even getting back to the patriot act.  These as you know are much more pressing issues that could certainly use an $80K shot of help.

RESPONSE: As a 30-year defender of the Constitution and the Rule of Law, I could not look myself in the mirror everyday having suddenly decided the Constitution was not to be construed in its entirely, but, instead, is a menu with a prohibition(s) to be ignored by me for self-serving reasons (such as my like for Barack Obama as a decent person and potentially the perfect leader at this time in our history).  In effect, if I exercised the option to look the other way when faced with evidence of any single violation of the Constitution I would be surrendering my Right to ever again seek to hold government accountable to that divinely inspired book of rules. What Right would I have to seek to prevent rule by man or whim if I, myself, became whimsical or capricious regarding the history, meaning, effect and significance of every provision of the Constitution and the Declaration of Independence?

COMMENT: WOW! did i make a mistake having anything to do with WTP. I should have looked closer. I didn't know i had to own a sheet and pointed hood. Sorry, i know you want have a problem with this. But this Mississippi black man, is out of here. By the way, when i hear about any of your court dates concerning income taxes. I will be glad to testify, about what i see as your rightwing racist actions. Maybe your real purpose for not wanting to pay income taxes, has more to do with succeeding from the union. WT-WHITE-P. 

RESPONSE: The Constitution is not a menu. Every one of its provisions must be defended, no matter how painful, if it is to have the meaning intended.  Do you have proof of Mr. Obama's citizenship? If so, please provide it.  

I always see people without noticing the color of their skin, until people such as yourself bring skin color to my attention – thereby forcing me to notice skin color and to confront those who still cite race as a means of advancing their perspectives. The mere fact that Obama won the general election speaks volumes about the fact that this country is well past its past. Besides adding my voice to those who are asking for proof of Mr. Obama's eligibility, (which I would do no matter who the candidate was that refused to provide the proof), please tell me what it is I said or did that led you to the conclusion you have expressed in your email.

COMMENT: I was wondering where I could find more information on the prerequisites for becoming the US President (in respect to citizenship). I looked through the US Constitution, but only found it cover it in one area (Article 2 section 1). “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; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.” Where do I find out about the specifics that are brought up in your recent email discussing Citizen Philip Berg lawsuit? I had heard, or read, that the mother also has to be at least 19 years of age, but I can find no proof of that requirement.

RESPONSE: I believe you will find answers to your questions in Mr. Berg’s complaint and
Mr. Donofrio’s brief to the Supreme Court.

COMMENT: As you can see from "g" below, the fact that his mother was a US citizen and lived here automatically makes him a citizen.  This is all very dumb unless I’m missing something.

Title 8 of the US Code (Section 1401.) 

§ 1401. Nationals and citizens of United States at birth 

The following shall be nationals and citizens of the United States at birth: 

(a) a person born in the United States, and subject to the jurisdiction thereof; 

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property; 

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person; 

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States; 

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person; 

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States; 

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person

(A) honorably serving with the Armed Forces of the United States, or 

(B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

RESPONSE: Please review the statement of facts included in Mr. Berg’s complaint. Regarding your specific issue, see page 4. Apparently, the law you cite was not the law at the time of Mr. Obama’s birth. The law in 1961 required his mother to have been an American citizen and physically resident inside the U.S. for five years after reaching the age of 14. His mother was 18 at the time of Mr. Obama’s birth, and therefore could not give birth to a natural U.S. citizen on foreign soil.

COMMENT: You are letting your PERSONAL OPINIONS get in the way of your agenda of LIBERTY for the citizens. You are UNDERMINING your own cause! 

RESPONSE: My personal opinion about Mr. Obama actually conflicts with my decision to seek proof of his eligibility. I like him and believe he could be a great leader. My cause is the Constitution and its accountability clause. When there is evidence of a violation of any provision of the Constitution, and a citizen has formally petitioned for redress, the government official has an obligation to respond. The risk of empowering a constitutionally ineligible person with the vast power of the Presidency is enormous for our nation. 

COMMENT: Please go to and read up on politico rumors, you might just save yourself some breath.

RESPONSE: refers the reader to Neither provides definitive, conclusive legal proof of Obama’s eligibility. See our comments below.

COMMENT: Senator Obama has already produced his birth certificate:

RESPONSE: provides no clear proof of eligibility. The document proffered by Obama is a computer generated document that even the state officials of Hawaii have yet to declare the significance of.  See our comments below.

COMMENT: Obama is just as eligible as McCain. Did you know that McCain was born outside the US and Obama voted for the resolution that McCain got so he could run? 

RESPONSE: Senator McCain is not the President-elect, Mr. Obama is. Mr. Obama has refused to take advantage of numerous opportunities to produce evidence of his eligibility to a court of law or anyone else.

COMMENT: I am saddened to see that has actually invested donations made by concerned citizens to jump on a ridiculous conspiracy bandwagon. Is it honestly worth the efforts to support a lawsuit made by a disgruntled Clinton supporter? Are we really to believe that all the other candidates, campaign managers, lobbyists, and the entire republican party missed something so large as the "factual evidence" that Obama is not a citizen of the U.S.? Are we really so eager to waste money given by people who believe in real issues, not preposterous conspiracy theories? 

RESPONSE: As we have said in our articles, only money donated for the publication of the open letter will be used. The Foundation’s general treasury will not be used. Mr. Berg has repeatedly been heard to say his only reason for challenging Mr. Obama’s eligibility is his belief in the Constitution and the Rule of Law. Enforcing the Constitution is certainly not a waste of money.

COMMENT: i've been a supporter of you guys for a few months now, but this latest email leaves a bad taste in my mouth.  i can't believe you actually think Obama is not an american citizen.  i am completely appalled.  it is such an ignorant statement, you need to do some more research before you spew your ignorance through the internet, particularly just days before the election; or was that your intent?  you have lost my support completely. 

RESPONSE: While we feel Mr. Obama has a duty to speak, for at some point silence becomes admission, anyone can produce the documentary evidence to prove his eligibility. As we wrote, Mr. Berg is entitled to his arguments, but he is not entitled to his version of the facts. It is up to Mr. Obama or his surrogates to genuinely dispute Mr. Berg’s facts. It has not happened yet.

COMMENT: I am shocked to think that you could actually prefer John McCain as president in our current economic crises in this country. If ever there was someone who would happily further restrict our liberties and defy the Constitution it is McCain and his running mate!!

RESPONSE: We avoid political questions like the plague. It makes no difference to this organization who is in office. We assume they all suffer the same human frailties we all suffer from. We scrutinize government behavior, compare the behavior to the requirements of the Constitution and where we see an impropriety we confront it, no matter the officials’ political stripes and no matter the level of practical difficulty in securing the Rule of Law. Without the Law to restrict men, we have chaos and tyranny. The 30 year history of this organization and its predecessors is an open book and proves the point.

COMMENT: Before you spend all that money, are you sure it’s a problem? Barrack’s birth certificate:

Snopes response:

Neither nor provide conclusive proof of eligibility. The document made available by Obama is a computer-generated form created in 2007. While it may be authentic, in that it was issued by the State, the meaning of its content is not at all clear. What is needed is public examination of Obama's vault certificate of live birth.

COMMENT: Return the donations. 

RESPONSE: provides no proof of eligibility.

COMMENT: Do you really want more of the same with a McCain/Palin ticket? 

RESPONSE: First things first. Let’s make sure we are not starting the next term with someone who is ineligible and to whom no one would owe any respect, loyalty, honor or obedience. Then, whoever the President turns out to be, Mr. Obama, or Mr. Biden, or anyone else, let us pray enough People will become better informed about their Rights and the  obligations of the Government and more motivated to hold him accountable to the Constitution.

COMMENT: "Barack Obama was born at the Kapi'olani Medical Center for Women & Children in Honolulu, Hawaii, to Barack Hussein Obama, Sr., a black Kenyan from Nyangʼoma Kogelo, Siaya District, Kenya, and Ann Dunham, a white American from Wichita, Kansas."--Wikipedia, on Barack Obama. Republicans are just pissed because he's going to be one of the greatest Presidents there ever was (except for the Socialistic tendencies, which of course will be curbed and fought as is proper). While the LIBERTARIAN principles are best for America, we seem to be presented with only two 'viable' candidates (or, rather, only two which stand any real chance of getting elected), and John McCain is downright evil. So that leaves the kinder, gentler, more reasonable and rational Barack Obama, who will hopefully undo much of the Republican damage that has been done in an illegal, unconstitutional, unprovoked imperialistic invasion of Iraq. Just drop the whole thing about Obama not being American - he IS American, born and raised. 

RESPONSE: Wikipedia is not Mr. Obama. Nor does Wikipedia support its assertion. Again, this is a serious constitutional question. We need more constitutionalists willing to give their all in defense of the Constitution and the Rule of Law, rather than people making choices based merely on Internet information sources, or the public policy positions, campaign promises and demeanor of the candidates.

COMMENT: The Secretary of State in Hawaii has proven that he is an American citizen.  Now, shut the hell up! 

RESPONSE: In fact, neither the Hawaiian Secretary of State nor any other Hawaiian official has provided proof of eligibility. See our comments below.

COMMENT: I do not understand the issue.  If a child is born outside the USA to an American parent, it is the child's and parents right to claim US citizenship.  My 2 boys were born in England.  They hold multiple passports as their mother is British and their father is American.  There was no swearing in or anything else.  As long as we could show that the father is in fact a US citizen, by just showing a birth certificate.  With that we get a foreign birth registry as a US citizen giving birth abroad.  With that they hold the right for an American passport which, makes that a proof of citizenship. They also have their British passports. So what is the issue here?  Is Obama's mother American?  If so all the rest is just paper work.  How much paper work did we have back in 1776?   This issue is not in my opinion a good fight for the Constitution and rule of law.  With this constitutional rule, we can all know why it was put in the constitution at the time.  If his mother is American,  then he is American unless he denounced his American citizenship.  Did he do that?

In 1961, U.S Immigration and Naturalization law provided that if only one of the parents of a foreign born child was a U.S. Citizen, that U.S. parent must have resided inside the U.S. at least 5 years after reaching the age of 14. Obama’s mother was only 14 at the time of Obama’s birth.  If she was in Kenya and give birth before the age of 19, Obama can NOT be a natural born U.S. citizen, even if he obtained citizenship at a subsequent time via legal naturalization.  See Berg’s lawsuit for more of the facts and applicable law.


RESPONSE: There is a difference between citizenship and being a natural born citizen. See Mr. Donofrio’s brief to the Supreme Court of the United States.

I don’t know where the truth lies, but I do believe government is meant to be the Creator's minister of justice on earth and service to the Constitution is service to the Creator. I like Mr. Obama. However, I became concerned when I read Judge Surrick’s decision. How easy it would have been for Mr. Obama to produce evidence of his citizenship, thereby settling the matter.

The Constitution is a strict set of principles to govern the government. It does not offer a menu of enticing "selections" intended for use by the People for a "one from column A and one from column B" approach to government, depending on mood or whim. The Constitution presents a list of prohibitions and restrictions to be construed and enforced in its entirety by the People.  

Remember, the most pernicious form of tyranny is that which disguises itself as a benefactor to its victims.

Click here to read the draft full-page USA TODAY Letter to Obama.

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