Obama Citizenship

Craig v. United States: Citizenship Definition Case in 10th Circuit, SCOTUS Conference

By Phil

Oklahoma resident and Plaintiff pro se Steven L. Craig has been pushing a little-known case through the American Judiciary wherein he is petitioning the United States government that the lack of a natural born citizenship definition combined with Congress’ unwillingness to specifically define the term should lead the Court to grant “[a]n immediate Order of Declaratory Judgement expressing Courts Opinion of the Constitutional and Legal Definition of ‘Natural born Citizen’.”

Here is a copy of Mr. Craig’s Second Amended Complaint:

2nd Amended Complaint – Craig v. United States

The case is currently pending in the 10th Circuit Court of Appeals (09-6082) as well as awaiting the Supreme Court Conference of September 29, 2009 (08-10817; docket link also on sidebar under Supreme Court Info).

Over the weekend, Mr. Craig shared some thoughts on the history of the case via the FoundersDreams blog:

“When I became aware during the 2008 Presidential Campaigns that there was no ?legal of Constitutionally recognized definition for Natural Born Citizen I felt like my American Heritage had been stolen.” Mr. Craig said.

It took him until April of 2009 to prepare the Civil Rights case, as he could not find an attorney or Legal Firm he could afford and set about preparing the case Pro Se In Forma Paperis, (Representing himself without ability to pay fee?s).

Beginning the case in the local United States District Court of the Western District of Oklahoma, 03-0343, he said he knew it would be an uphill battle.

“The legal system is set up much like a monopoly for Legal Professional?s and don?t take kindly to people off the street trying to take matters in their own hands, unless of course you a prison inmate or a favored minority victim.” Mr. Craig opined.

The Judge took little time in dismissing the case Sua Sponte, (on his own discretion), expressing his judgement that the case as written lacked the recognizable elements of a ?case or controversy? and ?claims and remedies?. The Judge allowed for the submission of an Amended Claim which Mr. Craig filed within weeks of the threatened Summary Judgement but the Judge then affirmed his previous Judgement adding that the Dismissal was to be ?with prejudice, (not allowed to resubmit at his court).

He added that he did not think that Mr. Craig could prevail against a ?Motion for Dismissal? that he anticipated would be coming from the Defendant, the United States of America.

Mr. Craig promptly filed an Appeal to the United States Court of Appeals, Tenth Circuit in Colorado, 09-6082 with a Motion to allow a Second Amended Complaint and a Motion to invoke Rule 22 of the Appeals Court Rules, (Suspend the Rules and Hear the Merits).

Mr. Craig, after determining that the Appeals case was properly Docketed and the period for the Defendant, the United States of America, to reply had begun, Mr. Craig prepared and filed a Petition for Writ of Certiorari at the Supreme Court of the United States, 08-10817, under Rule 11, (Petition before Judgement at the Appeals Circuit Court level).

“I feel honestly violated that the nature of my Citizenship has been so disregarded by 222 years of Legislative and Judicial actions that had I have been aware of this circumstance when I was a younger man I honestly feel I would have begun this crusade sooner. But the fact that I am nearly 60 years old will not deter me from reclaiming that Heritage of ?Natural Born Status? of American Citizenship. It was of enough importance for the Framers of the Constitution to put it in as a qualification for any that would quest to be the Political leader of the Nation, the Helmsman at the Tiller of the Ship of State, the Presidency of the United States of America, so I insist that it must be of consequence, import and of value.” Mr. Craig mused as he was reflecting on his motives.

Asked about the strategy and purpose of filing for a Writ at the Supreme Court and the current status of the case Mr. Craig explained,

“I?m not a legal strategist but it seemed to me since the Rule was there specifically for cases that presented ?questions of National importance? there was a chance the Court would hear the merits and advise the Appeals Court to allow the Defendant, the United States of America to respond and offer their definition of Natural Born Citizen and their justifications for it. I have no reason to doubt that their definition and mine are the same since they appear that way in light of the Senate Resolution 511 defining Sen John McCain a Natural Born Citizen by virtue of being born to two citizen parents in spite of uncertainty of the jurisdiction. If that is the case then the Court will be obliged to enter a Declaratory Judgement which will move the definition closer to codification in the Rules of Law of the United States and I will be able to say in jest that I am the First Legally recognized Natural Born Citizen in America.”

“As to the status of the case it is pending in the 10th Circuit subject to the Supreme Court Conference hearing on September 29th, ?09, when the Court returns from their summer vacations.”

See the following links regarding the eligibility saga:

• Obama?s Presidential Eligibility: What You Need to Know
• Obama’s Sealed Background Documentation
• What’s the Difference Between a Birth Certification Versus a Birth Certificate?
• Obama Citizenship Facts
• The State Department and Sen. Patrick Leahy’s (D-VT) Natural Born Citizen Resolution (April 10, 2008)
• Citizen Grand Jury Updates and Eligibility Lawsuit Listing

-Phil

Full post as published by The Right Side of Life on July 06, 2009 (boomark / email).