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MEMORANDUM of COMPLAINT of ELECTION FRAUD against McLEAN COUNTY DEMOCRATIC PARTY; ILLINOIS DEMOCRATIC PARTY and DEMOCRATIC NATIONAL

COMMITTEE (DNC); and REQUEST for INVESTIGATION

To: Ronald Dozier, McLean County States Attorney From: Michael Ferguson 4 Litta Ct. Bloomington, IL 61704 Subject: Complaint of Election Fraud against McLean County Democratic Party; Illinois Democratic Party; and Democratic National Committee; and Request for Investigation by Attorney General of Illinois Date: September 17, 2012 Copies: John F. Penn, Chair, McLean County Democratic Party Michael J. Madigan, Chairman, Illinois Democratic Party Debbie Wasserman Schultz, Chair, Democratic National Committee John Parrot, Chairman, McLean County Republican Party Todd Nelson, Publisher, The Pantagraph Mark PIckering, Managing Editor, The Pantagraph

PURPOSE OF COMPLAINT
This is a formal complaint of election fraud against the McLean County Democratic Party; the Illinois Democratic Party; and the Democratic National Committee; and a request for investigation of these charges by the offices of McLean County States Attorney, McLean County Sherriff, and Attorney General of Illinois. Article II, Section I, Clause V of the Constitution of the United States provides three requirements of eligibility for any person that would hold the office of President of The United States as follows: 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. This complaint contends that Barack Hussein Obama is not a natural born citizen (NBC), and therefore, Barack Obama is not constitutionally eligible to hold the office of President of The United Sates. By first nominating Barack Obama for the office, and then campaigning for him to be elected to that office, the McLean County Democratic Party, the Illinois Democratic Party, and the Democratic National Committee are perpetrating election fraud on the citizens of McLean County, Illinois. This complaint will provide references to publicly available documentation that show legal precedence that support the complaint.

COMPLAINT OF ELECTION FRAUD AGAINST DEMOCRATIC PARTY OF McLEAN COUNTY, DEMOCRATIC PARTY OF LLINOIS, AND THE DEMOCRATIC NATIONAL COMMITTEE

RATIONALE
The question of Barack Hussein Obamas eligibility has been in public discourse since the campaign for President of Hillary Clinton raised the issue in 2008. The vast majority of rhetoric and reporting in the media has either implied, or stated directly, that the Article II requirement required that a person must be a citizen, or born within the United States, to hold the office of President of The United States. Publicly available documents in The Library of Congress, US Supreme Court rulings, and from the Congressional record illustrate that our nations founders understood, and intended, the distinction between citizen and natural born citizen. Congressional records show that current day members of Congress understand the distinction between citizen and natural born citizen.

Library of Congress
The original draft of Article II, Section I of the Constitution of The United States was written to require that a candidate for the office of President be a citizen.

Records of the Federal Convention


[Farrands Records, Volume 2, Page 116-117; 26, July 1787]1 Resolved That it be an instruction to the Committee to whom were referred the proceedings of the Convention for the establishment of a national government, to receive a clause or clauses, requiring certain qualifications of landed property and citizenship in the United States for the Executive, the Judiciary, and the Members of both branches of the Legislature of the United States; [Farrands Records, Volume 2, Page 367; 22 August, 1787]2 at the end of the 1st section 10 article add "he shall be of the age of thirty five years, and a Citizen of the United States, and shall have been an Inhabitant thereof for Twenty one years" [Farrands Records, Volume 2, Page 494; 4 September, 1787]3 Sect. 2. No Person except a natural born Citizen, or a Citizen of the U. S. at the time of the adoption of this Constitution shall be eligible to the office of President: nor shall any Person be elected to that office, who shall be under the age of 35 years, and who has not been in the whole, at least 14 years a resident within the U. S. [Farrands Records, Volume 2, Page 598, Committee of Style]4 Sect. 2. No Person except a natural born Citizen, or a Citizen of the U. S. at the time of the adoption of this Constitution shall be eligible to the office of President: nor shall any Person be elected to that office, who shall be under the age of 35
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COMPLAINT OF ELECTION FRAUD AGAINST DEMOCRATIC PARTY OF McLEAN COUNTY, DEMOCRATIC PARTY OF LLINOIS, AND THE DEMOCRATIC NATIONAL COMMITTEE

years, and who has not been in the whole, at least 14 years a resident within the U. S.
John Jay, who became the first Chief Justice of the US Supreme Court, wrote a letter dated July 25, 1787 to George Washington, who was a delegate to the Constitutional Convention. The letter5 is housed in archives of The Library of Congress. Jay wrote to Washington: Permit me to hint, whether it would not be wise & seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government, and to declare expressly that the Command in chief of the American army shall not be given to, nor devolved on, any but a natural born Citizen. Washington proposed the change in wording of the requirement from citizen to natural born citizen. The proposal was accepted, and the wording of Article II, Section I remains the same today as first ratified by the states. The term natural born citizen was adopted from The Law of Nations by Emmerich de Vattel (Book 1, Chapter 19, Section 212) which states: The citizens are the members of the civil society; bound to this society by certain duties, and submit to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its preservation; and it is presumed, as a matter of course, that each citizen on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they own to the society in which they were born, I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.

US Supreme Court
While de Vattels writings do not provide legal precedence, rulings of the US Supreme Court do. The US Supreme Court referred to de Vattels The Law of Nations several times from the inception of the court through 1875, confirming the relevance of that work to the definitions and distinctions between forms of citizenship. In Minor v Happersett6, the US Supreme Court defines the term natural born citizen:
At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents

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COMPLAINT OF ELECTION FRAUD AGAINST DEMOCRATIC PARTY OF McLEAN COUNTY, DEMOCRATIC PARTY OF LLINOIS, AND THE DEMOCRATIC NATIONAL COMMITTEE who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.

Natural born citizenship is a compound requirement in that it requires birth within the country and to parents who were both citizens at the time of the birth.

Congressional record
John Bingham, aka father of the 14th Amendment, was a congressman from Ohio who prosecuted Lincolns assassins. Ten years earlier, he stated on the House floor: All from other lands, who by the terms of [congressional] laws and a compliance with their provisions become naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural born citizens. Gentleman can find no exception to this statement touching natural-born citizens except what is said in the Constitution relating to Indians. (Cong. Globe, 37th, 2nd Sess., 1639 (1862))7 Then in 1866, Bingham also stated on the House floor: Every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen. (Cong. Globe, 39th, 1st Sess., 1291 (1866))8 No other Representative ever took issue with these words on the floor of the House. If you read the Congressional Globe to study these debates, you will see that many of the underlying issues were hotly contested. However, Binghams definition of natural born citizen (born of citizen parents in the US) was never challenged on the floor of the House. Current day legislators also recognize the distinction between citizen and natural born citizen as evidenced by the attempts to modify, or remove, the natural born citizen requirement of Article II. The effort to remove the natural-born citizen requirement from the U.S. Constitution actually began in 1975 when Democrat House Rep. Jonathon B. Bingham, [NY-22] introduced a constitutional amendment under H.J.R. 339 which called for the outright removal of the natural-born requirement for President found in Article II of the U.S. Constitution Provides that a citizen of the United States otherwise eligible to hold the Office of President shall not be ineligible because such citizen is not a natural born citizen. Binghams first attempt failed and he resurrected H.J.R. 33 in 1977 under H.J.R. 3810, again failing to gain support from members of congress. Binghams work lay dormant for twenty-six years when it was resurrected again in 2003 as members of Congress made no less than eight attempts in twenty-two months, to either eliminate the natural-born requirement, or redefine natural born citizenship.

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COMPLAINT OF ELECTION FRAUD AGAINST DEMOCRATIC PARTY OF McLEAN COUNTY, DEMOCRATIC PARTY OF LLINOIS, AND THE DEMOCRATIC NATIONAL COMMITTEE

1. On June 11, 2003 Democrat House member Vic Snyder [AR-2] introduced H.J.R 5911 in the 108th Congress - Constitutional Amendment - Makes a person who has been a citizen of the United States for at least 35 years and who has been a resident within the United States for at least 14 years eligible to hold the office of President or Vice President. CoSponsors: Rep Conyers, John, Jr. [MI-14]; Rep Delahunt, William D. [MA-10]; Rep Frank, Barney [MA-4]; Rep Issa, Darrell E. [CA-49]; Rep LaHood, Ray [IL-18]; Rep Shays, Christopher [CT-4]. 2. On September 3, 2003, Rep. John Conyers [MI] introduced H.J.R. 6712 Constitutional Amendment - Makes a person who has been a citizen of the United States for at least 20 years eligible to hold the office of President. Co-Sponsor Rep Sherman, Brad [CA-27] 3. On February 25, 2004, Republican Senator Don Nickles [OK] attempted to counter the growing Democrat onslaught aimed at removing the natural-born citizen requirement for president in S.212813 - Natural Born Citizen Act - Defines the constitutional term "natural born citizen," to establish eligibility for the Office of President also getting the definition of natural born citizen wrong. Co-sponsors Sen Inhofe, James M. [OK]; Sen Landrieu, Mary L. [LA] 4. On September 15, 2004 Rep Dana Rohrabacher [CA-46] introduced H.J.R. 10414 Constitutional Amendment - Makes eligible for the Office of the President non-native born persons who have held U.S. citizenship for at least 20 years and who are otherwise eligible to hold such Office. No co-sponsors. 5. Again on January 4, 2005, Rep John Conyers [MI] introduced H.J.R. 215 to the 109th Congress Constitutional Amendment - Makes a person who has been a citizen of the United States for at least 20 years eligible to hold the Office of President. Co-Sponsor Rep Sherman, Brad [CA-27] 6. Rep Dana Rohrabacher [CA-46] tries again on February 1, 2005 in H.J.R. 1516 Constitutional Amendment - Makes eligible for the Office of the President non-native born persons who have held U.S. citizenship for at least 20 years and who are otherwise eligible to hold such Office. No Co-Sponsor 7. On April 14, 2005, Rep Vic Snyder [AR-2] tries yet again with H.J.R. 4217 Constitutional Amendment - Makes a person who has been a citizen of the United States for at least 35 years and who has been a resident within the United States for at least 14 years eligible to hold the office of President or Vice President. Co-Sponsor Rep Shays, Christopher [CT-4] 8. All of these efforts failing in committee and the 2008 presidential election looming with an unconstitutional candidate leading the DNC ticket, Democrat Senator Claire McCaskill, [MO] tries to attach the alteration to a military bill in S.267818 on February 28, 2008 Children of Military Families Natural Born Citizen Act - Declares that the term "natural born Citizen" in article II, section 1, clause 5 of the Constitution, dealing with the criteria for election to President of the United States, includes any person born to any U.S. citizen while serving in the active or reserve components of the U.S. armed forces. Co-Sponsors DNC

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COMPLAINT OF ELECTION FRAUD AGAINST DEMOCRATIC PARTY OF McLEAN COUNTY, DEMOCRATIC PARTY OF LLINOIS, AND THE DEMOCRATIC NATIONAL COMMITTEE

Presidential candidate Sen Clinton, Hillary Rodham [NY]; DNC Presidential candidate Sen Obama, Barack [IL]; Sen Menendez, Robert [NJ]; Sen Coburn, Tom [OK].

State Department
Barack Hussein Obama has stated numerous times verbally, and in writing, that his father was a Kenyan citizen. US State Department records19 show that Barack Obama, Sr. was deported back to his homeland of Kenya in 1964 after he over-stayed his student visa.

Pattern of fraud
Barack Obama and his representatives have claimed that he is eligible to hold the office of President based on his claim that he was born in the state of Hawaii and presented first a document he claimed was his short-form birth certificate and then a document he claimed was his long form certified birth certificate. As demonstrated by documents cited above the Constitution requires natural born citizenship, not simply citizenship. The Maricopa County Sheriffs Office (MCSO) conducted a six month investigation20 that concluded there was probable cause that the document Barack Obama claimed as his long form birth certificate is fraudulent. After additional months of investigation21, The MCSO found the document to definitely be fraudulent. The MCSO also investigated the Selective Service card Barack Obama had presented as his, and found it to be fraudulent.

CONCLUSION
1. Article II, Section 1 of the Constitution of The United States remains the same today as it was initially ratified by the states. It requires that a person be a natural born citizen of the United States to hold the office of President of The United States. 2. The idea that citizen and natural born Citizen are equivalent in status completely ignores the fact that the Constitution itself distinguishes between these two citizenship classes in the same paragraph of Article II Section 1 that establishes Presidential eligibility qualifications. 3. The assertion that mere place of birth or length of residency establishes natural born Citizen status flies in the face of repeated attempts over decades by numerous members of Congress all failed to modify the definition of natural-born Citizen to that very effect, or to abolish the requirement entirely. 4. The US Supreme Court has defined natural born citizen in Minor v Happersett as a person born in the country to parents who were both citizens at the time of the birth. 5. Barack Hussein Obamas father was not a US citizen. Therefore, Barack Hussein Obama is not a natural born citizen of the United States and he is therefore Constitutionally ineligible to hold the office of President of The United States. 6. For these reasons, supported by the publicly available documents cited above, the Democratic Party of McLean County, Illinois, the Democratic Party of Illinois, and the
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COMPLAINT OF ELECTION FRAUD AGAINST DEMOCRATIC PARTY OF McLEAN COUNTY, DEMOCRATIC PARTY OF LLINOIS, AND THE DEMOCRATIC NATIONAL COMMITTEE

Democratic National Committee have committed election fraud by nominating Barack Hussein Obama for the office of President and campaigning for him as their candidate for the office. Therefore, I request that the McLean County States Attorney take the following actions of remedy to protect the citizens of McLean County from election fraud: 1. Seek an immediate injunction against the name of Barack Hussein Obama appearing on the 2012 ballot in McLean County as candidate for President of the United States. 2. Seek an immediate injunction against the Democratic Party entities aforementioned from campaigning in McLean County for Barack Hussein Obama. 3. Ask the McLean County Sheriff to contact the Maricopa County Sheriff to join the investigative process. 4. Ask the Attorney General of Illinois to initiate an immediate investigation into the fraudulent nomination of Barack Hussein Obama and seek appropriate legal remediation.

_____________________________________ Michael Ferguson

______________

REFERENCES
Navigation to the first four references begins at http://memory.loc.gov/ammem/amlaw/lwfr.html, then browsing Volume 2 of Farrands Records. 1. Eligibility requirements for President, Records of the Federal Convention, Library of Congress, Farrands Records, Volume 2, Page 367; 22 August, 1787 2. Eligibility requirements for President , Records of the Federal Convention, Library of Congress, Farrands Records, Volume 2, Page 367; 22 August, 1787 3. Eligibility requirements for President , Records of the Federal Convention, Library of Congress, Farrands Records, Volume 2, Page 494; 4 September, 1787 4. Eligibility requirements for President , Records of the Federal Convention, Library of Congress, Farrands Records, Volume 2, Page 598, Committee of Style 5. Letter from John Jay to George Washington, dated July 27, 1787. Library of Congress, http://memory.loc.gov/mss/mgw/mgw4/097/0100/0189.jpg 6. US Supreme Court ruling in Minor v Happersett (1875), Minor v. Happersett, 88 U.S. 162 (1875) 7. John Bingham, Congressional Globe, Cong. Globe, 37th, 2nd Sess., 1639 (1862) 8. John Bingham, Congressional Globe, Cong. Globe, 39th, 1st Sess., 1291 (1866) 9. Jonathon B. Bingham attempt to remove natural born citizen requirement, Congressional record, http://thomas.loc.gov/cgi-bin/bdquery/z?d094:H.J.Res33:

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COMPLAINT OF ELECTION FRAUD AGAINST DEMOCRATIC PARTY OF McLEAN COUNTY, DEMOCRATIC PARTY OF LLINOIS, AND THE DEMOCRATIC NATIONAL COMMITTEE 10. Jonathon B. Bingham attempt to remove natural born citizen requirement, Congressional record, http://thomas.loc.gov/cgi-bin/bdquery/z?d095:H.J.Res38: 11. Vic Snyder attempt to remove natural born citizen requirement, Congressional record, http://thomas.loc.gov/cgi-bin/bdquery/z?d108:H.J.Res59: 12. John Conyers attempt to modify natural born citizen requirement to citizen, Congressional record, http://thomas.loc.gov/cgi-bin/bdquery/z?d108:H.J.Res67: 13. Don Nickles attempt to modify the definition of natural born citizen, Congressional record, http://thomas.loc.gov/cgi-bin/bdquery/z?d108:S2128: 14. Dana Rohrabacher attempt to remove the natural born citizen requirement, Congressional record, http://thomas.loc.gov/cgi-bin/bdquery/z?d108:H.J.Res104: 15. John Conyers attempt to remove natural born citizen requirement, Congressional record, http://thomas.loc.gov/cgi-bin/bdquery/z?d109:H.J.RES.2: 16. Dana Rohrabachers second attempt to remove the natural born citizen requirement, Congressional record, http://thomas.loc.gov/cgi-bin/bdquery/z?d109:H.J.Res15: 17. Vic Snyders second attempt to remove natural born citizen requirement, Congressional record, http://thomas.loc.gov/cgi-bin/bdquery/z?d109:H.J.Res42: 18. Claire McCaskill attempt to modify the definition of natural born citizen, Congressional record, http://thomas.loc.gov/cgi-bin/bdquery/z?d110:S2678: 19. FOIA US State Department records for Barry Soetoro (a.k.a Barack Hussein Obama, Stanley Ann Dunham, Barack Obama Sr, Lolo Soetoro), including deportation record of Barack Obama Sr., Scribid, http://www.scribd.com/doc/59560239/FOIA-Release-Records-Relating-to-BarrySoetoro-Stanley-Ann-Dunham-Barack-Obama-Sr-Lolo-Soetoro-Department-of-HomelandSecurity 20. Initial Maricopa County Sheriffs (MCSO) six month investigation showing probable cause of
forgery http://www.mcso.org/MultiMedia/PressRelease/Sheriffreleasesobamafindings.pdf

21. Subsequent MCSO four months of investigation showing definite forgery;


http://www.mcso.org/MultiMedia/PressRelease/Birth%20Certificate%20Investigation%20Part%20 II.pdf

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