2/11/2009: Active suit on Article 138; Active-on going:
Here is a review of Article 138 being sought after by Dr. Orly Taitz. This is an active and current effort:
Pending legal assistance to active military personnel
As a member of the military that risks his life or risked his life to defend the Constitution of this country against all enemy foreign and domestic you deserve to get some answers. If you feel that Barry Soetoro aka Barack Hussein Obama owes you to risk one minute of his precious time and sign a consent for release of all of his vital records, then contact me at firstname.lastname@example.org and you can become one of the plaintiffs seeking release of such records.
TEXT FROM ATTY DR ORLY TAITZ REGARDING MILITARY PERSONNEL:
This e-mail is sent in a blind-cc form to members of the military that have related to me interest in becoming plaintiffs in an action aimed in obtaing proper documentation, verifying Mr. Obama's qualifications as a commander in Chief.
It is also sent to legal professionals that are assisting me in this endeavor.
I would ask members of the military to feel out a grievance under rule 138, stating that they need to get proper documentation verifying that the Commander in Chief Mr. Soetoro-Obama is eligible due to the fact that he needs to be a Natural Born Citizen, and Mr. Obama refused to provide such documentation and kept all his vital records sealed in spite of 42 Legal actions filed in Federal courts alone (according to Justia) and probably similar number of legal actions filed in State courts.Definition of Natural Born Citizen is: One born in the country to parents (plural) that are citizens of that country.
Vattel, law of Nations.Natural Born citizens of the US are ones born in the US to parents that don't owe any allegiance to any foreign sovereignty.
Per John A Bingham, framer of the 14th amendment.
1. At the inauguration ceremony it was stated that Mr. Obama is a son of an African-American immigrant. In reality Mr. Obama's father was here on a student visa and was never an immigrant in this country, and never even had a Green Card. He was Kenyan and since at that time Kenya was a British colony, he was a British citizen and transferred such British citizenship to his son at birth which in itself disqualifies Mr. Obama from Presidency and position of the Commander in Chief, regardless of where he was born: in US or Kenya.
2. There are a number of sworn affidavits from Kenya stating that Mr. Obama was born there. State of HI statue 338 allows Foreign Born children of HI residents to get a certification of HI Live birth and it can be received base on a statement of one relative only. Mr. Obama never presented his original birth certificate and it stays sealed in the Health Department in Hi. He showed only a short version of Certification of Life birth issued in 2007, that is usually received when the original BC is not available, or altered, or illegible. HI health department confirmed that they have the original birth certificate, however they refused to provide to the citizens of this Nation any details: is it a BC of a foreign born child of a HI resident, was it obtained base on actual records from a hospital with a signature of a hospital official and the name and signature of the doctor, or was it obtained based on a statement of one relative only, who might be making a false statement in order to avoid going through expense and hassle of immigration procedures.
3. Numerous volunteers have searched and checked hospital after hospital and no birthing records or vital records were ever found in any hospital in Hi.
4. Additionally, around the age of 5 or 6 y. old Mr. Obama has immigrated to the Nation of Indonesia with his mother and stepfather Lolo Soetoro, and his school records from Indonesia show his name to be Barry Soetoro, citizenship -Indonesian. Since Indonesia does not allow dual citizenship, his parents had te relinquish his US citizenship in order to obtain Indonesian citizenship for him.
5. When Mr. Soetoro-Obama came back to this country, he studied at Occidental college. Mr.Soetoro-Obama keeps his immigration records, passports and school and university enrollment records sealed, however a number of his former classmates from Occidental college made statements, that they remember him as Barry Soetoro. There is an entry in CA journal of Assembly, showing financial aid given to foreign exchange students among them Soetoro from Indonesia. Mr. Soetoro -Obama has stated that he traveled to Pakistan in 1981, when there was a ban on US citizens to travel to Pakistan and the only reasonable explanation is that he traveled on his Indonesian passport. All of these facts show that as an adult Mr. Soetoro has confirmed his allegiance to Indonesia, while relinquishing his US citizenship.Due to all of the above Mr. Soetoro -Obama is not eligible, not legitimate for the position of the Commander in Chief. Taking orders from an illegitimate commander in Chief will mean taking orders that are not lawful, which would expose the military personal to court martial.
The serviceman--------(your name) requests investigation by the Joint Chiefs of Staff and Pentagon of the matter. If members of Joint Chiefs of staff and Pentagon find that indeed Mr. Obama -Soetoro is ineligible, I would ask them to join as my plaintiffs in a legal action to be filed directly in the Supreme Court of the US, seeking removal of Mr. Obama from his position of President and Commander in Chief due to ineligibility and obtaining the position by virtue of fraudulent misrepresentation.
Dr. Orly Taitz Esq
Article 138 of the Uniform Code of Military Justice, 10 U.S.C. § 938 (1956)
WEB CASE REVIEW http://www.usdoj.gov/osg/briefs/1986/sg860143.txt
CITE: 10 USC Sec. 938 01/03/2007
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE
SUBCHAPTER XI - MISCELLANEOUS PROVISIONS
Sec. 938. Art. 138. Complaints of wrongs
Any member of the armed forces who believes himself wronged by
his commanding officer, and who, upon due application to that
commanding officer, is refused redress, may complain to any
superior commissioned officer, who shall forward the complaint to
the officer exercising general court-martial jurisdiction over the
officer against whom it is made. The officer exercising general
court-martial jurisdiction shall examine into the complaint and
take proper measures for redressing the wrong complained of; and he
shall, as soon as possible, send to the Secretary concerned a true
statement of that complaint, with the proceedings had thereon.
(Aug. 10, 1956, ch. 1041, 70A Stat. 78.)