March 20, 2009

Mr. Jeffrey Taylor

U.S. Attorney For The District of Columbia

United States Attorney’s Office

555 4^th Street, NW

Washington, DC 20530

Re: President Barack H. Obama’s Eligibility To Be Our President

Dear Mr. Taylor:

As a Citizen of the United States of America and a retired Marine Corps Officer, I have the deepest concern for the safety and security of our country.

The fact is that there is a need for this nation to hear and resolve the issue of Barack H. Obama’s eligibility for office.  I base this statement on the Constitutional requirement (Section 1, Article 2 of the US Constitution: 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)  calling for the President to retain a special status of Natural Born Citizen in order to qualify for eligibility to that office,   I have reviewed the definition of Natural Born Citizen as written in the Federal Papers by Justice John Jay.  This definition of citizenship goes back centuries! Nowhere in history is Natural Born Citizen defined in such a way that would allow a person with divided loyalties to become President!  It is a fact that Obama was born a subject of the British Crown.  He openly admits his father is a British Subject at the time of his birth.

Here are several references to the meaning of Natural Born Citizen.  I implore you, URGENTLY, to investigate on your own: 

·    1758 Vattel’s “The Law of Nations” –The Framers relied on many of the principles to write the Constitution.

·    1787-1788 The Federalist Papers, including Justice John Jay’s letter to George Washington.

·    Article II, Section I, United States Constitution.

·    The Naturalization Act of 1790-repeal of “Natural Born” from the 1790 Act in 1795.

·    The Framers of the 14th Amendment-(citizenship granted, not Natural Born Citizenship); Rep. John Bingham and Sen. Lyman Trumball define Natural Born Citizen.

·    Congressional Hearing on Dual Citizenship, 2005, “subject to the jurisdiction thereof” discussion .

Our Nation is at grave risk.  This issue MUST be addressed.  Citizens across this nation, to include myself, are asking this question:  Is Obama qualified to be our President and Commander in Chief.  The public protests are beginning.  There is a significant movement and it is spreading like an impassioned grassfire.  To assume it will go away is foolhardy.  Furthermore, the usurpation of our Constitution threatens the very survival of our Union!

Our military is in jeopardy of becoming divided over this issue.  With these lawsuits; one solider today, another tomorrow, and now our loyal service men and woman are in personal jeopardy! 

The survival of our nation is at stake.  This issue will not go away.

For whatever political and historical reasons we have come to this dire situation, you are the person empowered by Congress to file a Quo Warranto on behalf of the United States.  As an American Citizen and a retired military Veteran, I implore you to please Issue a Quo Warranto to provide The USA citizenry an answer to this constitutionally vital question.

 Federal statute (Chapter 35§ 16-3501) for quo warranto was tailor made by the legislature to challenge any person occupying any public office of the United States under questionable title thereto.

·    The Attorney General of the United States or the United States attorney may institute a proceeding pursuant to this subchapter on his own motion or on the relation of a third person.

·    Two individuals have authority to bring quo warranto action: Attorney General Eric Holder, and US Attorney for the District of Columbia, Mr. Jeffrey Taylor.

·    Only one of these officials need bring the action in quo warranto.

·    The federal quo warranto statute provides the only Constitutional means by which a sitting President may be removed by the Judicial branch.

·    Congress has provided for the removal of a sitting President found to be ineligible by enacting the federal quo warranto statute.

·    Nowhere in the Constitution does it give the Judicial Branch the power to remove a sitting President. The Constitution has provided congress with the authority to remove the president from office in cases other than impeachment.

·    Constitution Article 2, Section 1, Clause 6. “In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge…”.  Note the word “or”.

·   Congress is authorized to exercise removal power by the 25th Amendment - and such power must be derived directly from Article 2 Section 1 Clause 6.

·    SCOTUS is not a trier of fact and so quo warranto MUST be brought before the District Court for the District of Columbia EXACTLY as the statute requires.

·    Quo warranto action is proper to settle title to the office of President for the good of the nation.

·    Even if both officials are convinced Obama is eligible, it’s still proper for them to institute a quo warranto proceeding because the evidence emerging now is that, by leaving the controversy as is, a floodgate of litigation will ensue.

·    The best possible candidates who should request the US Attorney and/or the Attorney General to bring an action in quo warranto on their own motion are Retired Military officers who understand the absolute need for the President’s title to office not to be encumbered by doubt.

THREE WAYS TO BRING QUO WARRANTO:

1. The US attorney and/or the US Attorney General institute the case on their own motion - which is the best way this could happen.  No leave of the court need be requested.  There will be a hearing and a trial of facts.

2. If no authorized Government attorneys will bring the action on their own motion, then any citizen may join a law suit as “third persons” and such law suit, by way of verified petition, shall be brought to the US Attorney and/or the Attorney General to ask their consent to use the name of the United States.  If the Government gives consent, then you must request permission from the court to bring the suit as well.  And if the Court says yes, you will have a hearing on the merits.

3. If the Government will not give consent, then “interested persons” may request leave of the court to institute the action in quo warranto.  But standing will be - according to SCOTUS in Newman - restricted to anybody who was ousted from the office of POTUS (and nobody is going to meet that requirement) or, in the alternative there might by cases under the civil service laws which provide standing.

CONCLUSION: The District of Columbia Code is the only means by which a federal quo warranto action can be instituted and its application is strictly limited to public offices of the United States or local DC offices within the ten square miles of the District of Columbia.  No public office, i.e. POTUS, is exempt by the statute.

For your information, I have also taken the liberty to include the following web sites, which will hopefully provide you with other evidence relating to this issue, that I believe support my concerns..  This evidence was meticulously put together by Dr. Orly Taitz, Esq., 26302 La Paz ste 211, Mission Viejo Ca 92691, ph-949-683-5411 fax 949-586-2082 and some were shared with Mr. Eric H. Holder Jr., Attorney General, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001, Main 202-514-2000, Attorney General  202-353-1555, http://www.usdoj.gov/ag/ on or about February 27, 2009 and hand delivered to U.S. Supreme Court Chief Justice John J. Roberts on or about March 12, 2009:

Open Letter From Brigadier General Charles Jones: Posted By Dr. Taitz-On February 4, 2009:

http://defendourfreedoms.us/2009/02/05/open-letter-from-brigadier-general-charles-jone.aspx

Col. Riley-Former Division Chief National Security Agency Joins Our Action: Posted By Dr. Taitz-On February 23, 2009:

http://defendourfreedoms.us/2009/02/23/col-riley-former-division-chief-national-security-agency-joins-our-action-2.aspx

Major General-Commanding General Carroll D. Childers Joins Military Suit : Posted By Dr. Taitz-On February 24, 2009:

http://defendourfreedoms.us/2009/02/24/major-general-commanding-general-carroll-d-childers-joins-military-suit.aspx

Motion to Reconsider Lightfoot V Bowen:Hand Delivered To U.S. Supreme Court Chief Justice John J. Roberts: Hand Delivered and Posted By Dr. Taitz-On March 12, 2009:

http://defendourfreedoms.org/motiontoreconsiderLightfootvBowen.htm

Dossiers and Getting The Word Out: Posted By Dr. Taitz-On March 19, 2009:

http://defendourfreedoms.us/2009/03/19/dossiers-and-getting-the-word-out.aspx

Dr. Orly Taitz's Interview By Rollye James: Posted By Dr. Taitz-On March 19, 2009:

http://defendourfreedoms.us/2009/03/19/orly-taitzs-interview-by-rollye-james.aspx

This is a Chalice Radio Talk Show interview with Mr. Leo Donofrio, which I also took the liberty of sharing with you, as a means of providing you with more background information relating to this issue:

The Chalice Show - Leo Donofrio Live: On March 18, 2009:

http://www.blogtalkradio.com/stations/PatriotsHeartNetwork/PatriotsHeartNetwork/2009/03/19/The-Chalice-Show-Leo-Donofrio-Live

I have also attached a copy of my resume for your review.

Please let me know if you have any questions on this time sensitive and urgent issue.

Disclaimer: Although I share numerous resources with you, as a means of supporting my  concerns, it does not necessarily mean that I support and/or agree with the contents of all of them, word-by-word, but find them thought provoking because, they provide me with other views besides my own and, thereby, help me make my case.

As a retired Marine Corps Veteran Officer (Mustang), I pride myself with loving my God, family, friends and my country. Those Military and/or Veteran Comrades, that I am honored to call friends, know that I would never intentionally say or do anything that would hurt or demean anyone, to include my God and Country.

I have always preached to my own family and follow the rule of “filtering everything that comes from my brain through my heart before it comes out of my mouth” and this rule has done me well for almost 62 years of my life and would highly recommend it to anyone that dares to share their own views with others, knowing that they may not have the same views, but are able and willing to accept that and not take it personal. 

I also consider the sharing of these concerns to be given me under our “FREEDOM OF SPEECH RIGHTS”, which I consider as one of the corner stones of our “Constitution’s 1st Amendment,” and, as an American Citizen, I believe that it is my "God Given Duty" to stand up for and defend this or any other rights given me under our Constitution, as other God and Country loving Americans in uniform have done in the past and continue to this date.

I seek your immediate response to my grave concern.

God Bless You & God Bless America.

Respectfully,

Jacobo L. Martinez

Captain-USMC-Retired

Albuquerque, NM 

Enl: Copy of My Resume:

Work Experience:

A background of experience that: demonstrates effective planning, analysis, leadership, and management skills.  Hard working, persistent, bottom-line results oriented, people/customer oriented, and team playing manager with experience in human resource management, development and supervisory positions.

2002 - 2006                     NM Department Of Veterans’ Services      Santa Fe, NM

Veterans’ Service Officer

Responsibilities include, but are not limited to providing Veterans and their dependents with: general information on Department of Veterans’ Affairs and New Mexico benefits; eligibility requirements for each benefit; application process; and the appeals process.

1999 – 2002                   Final-Kleen                                San Diego, CA

General Manager

Managed and supervised the overall operation of a janitorial and post-construction cleaning company.  My duties included, but were not limited to:  marketing our services; job estimating and bid preparation and submission utilizing Microsoft Excel and Publisher; establishing and maintaining our company budget and accounting records and reports utilizing QuickBooks-Pro 01; supervise and oversee the purchase and inventory control of all company vehicles, equipment, supplies, and materials; periodically review and evaluate our Operations Manager’s job performance.

1997 – 1998                    Guam Telephone Authority             Guam, USA

Personnel Services Administrator

Managed, directed, and supervised the overall operation of the Personnel Services Division of the Guam Telephone Authority, which was an autonomous agency within the Government of Guam.  My duties included, but were not limited to supervising and overseeing the operation of three sections, which included: Personnel Services; Employee Development and Training; and Records Management. Directly supervised and evaluated the job performance of five professional and three support staff.

1995 – 1997                    Marty Co., Inc.                                  Belen, NM

President/Owner

Directed and supervised the initial establishment and subsequent management and operation of a truck-mounted steam/hot water extraction cleaning service, which was certified to provide carpet/upholstery cleaning, carpet repair, carpet color repair, and water damage restoration services.

1991 – 1995                    NM State Personnel Office              Santa Fe, NM

Applicant Services Chief

Managed, directed, and supervised the State of New Mexico’s Human Resources Management programs and services, which included, but were not limited to: recruitment; consultation and initial qualification determination services; test administration; and certification of applicants for all classified positions in the Executive Branch of State Government.  Supervised and coordinated the design, development, and implementation of a computerized imaging document processing system, which contributed to the expediting and streamlining of all State Personnel Office processes. Directly supervised and periodically reviewed and evaluated the job performance of two section supervisors and twenty-four professional staff.

1990 – 1991                     NM Department of Heath               Santa Fe, NM

Drug and Alcohol Abuse Coordinator

Administered the Department’s Drug and Alcohol Abuse program.  My duties included, but were not limited to: coordination of all required drug and/or alcohol screening; coordination of all incumbent referrals to an Employee Assistance Program or a Drug and/or Alcohol Rehabilitation Treatment Program; coordination of any sanctions that were imposed upon incumbents who abused drugs and/or alcohol in the workplace; and administered the Drug and Alcohol Abuse Awareness Training Program.

1988 – 1990                   Western Office Systems, Inc.    Albuquerque, NM

Computer Workstation Consultant/Salesperson

Conducted cold calls by phone and in person to market and sale our company’s ergonomic computer workstations to both commercial and residential customers. Identified our customer’s needs in the area of office productivity and effectiveness through the conduct of a problem solving “Customer Needs Analysis” and outlined profitable solutions in terms of products and/or services provided by our company that satisfied those needs identified in the analysis.

1987 – 1988                     NM State Personnel Office            Santa Fe, NM

Director, Human Resources Development Division

Managed, directed, and supervised the division’s programs and services, which included, but were not limited to: overall coordination of statewide training, training assessments, master scheduling, and compilation and review of training plans for all agencies in the Executive Branch of Government; ongoing program evaluation; budgetary activities; and purchase and inventory control of training equipment, supplies, and materials. Duties also included the research, design, development, and conduct/facilitation of managerial, supervisory, and support staff soft-skills training seminars and supervising the maintenance and upkeep of the primary training facility.  Directly supervised and periodically reviewed and evaluated the job performance of one Administrative Secretary and three Staff Development Specialists.

1984 – 1987                     NM State Personnel Office            Santa Fe, NM

Staff Development Specialist/Coordinator

Researched, designed, and developed curriculum, to include participant handouts, and conducted/facilitated ten managerial, supervisory, and support staff soft-skills training seminars that were offered statewide to over 20,000 employees.  Supervised the initial establishment and subsequent management of the New Mexico Management Training Academy.  My duties included, but were not limited to:  master scheduling of training sessions; preparation and maintenance of the Academy budget; purchase and inventory control of training equipment, supplies, and materials; and upkeep and maintenance of training facility. Directly supervised and periodically reviewed and evaluated the job performance of one Secretary/Receptionist and one Staff Development Specialist.

1964 – 1984                    U. S. Marine Corps

Captain

Following enlistment was designated as a Private (E-l) and promoted up the enlisted ranks to the rank/grade of Gunnery Sergeant (E-7).  After 12 years of active service applied for and was commissioned as a Warrant Officer  (W-1) and subsequently promoted up the officer ranks to the rank/grade of Captain (0-3E). Military Occupational Specialties included:  Artillery Man, Administrative Clerk, Administrative Chief, Ground Nuclear Weapons Administrative Support and Inspection/Maintenance Technician, Personnel/Administrative Officer, and Ground Nuclear Weapons Employment Officer.

Education: 

1981 - 1983     Southern Illinois University at Carbondale

       BS – (Candidate) Human Resource Development & Education

· 63 Semester Hours.  Successfully completed the following courses: Educational Psychology; Vocational Education Analysis and Curriculum Development; Teaching Methods and Materials; Assessing Vocational Student Progress; Post Secondary Vocational Technical Teaching; Teaching Internship; and Special Problems in Vocational Education.

· Awarded Scholastic Honors from Southern Illinois University at Carbondale.

1975 – Kubasaki High School (DOD), Okinawa, Japan

Security Clearances Held:

Granted and held a DOD Top Secret Security Clearance and was member of the Personnel Reliability Program from 1965 to 1984.

Granted a DOE “Q” Clearance in 1985, upon applying for a Los Alamos National Labs Protective Service position and successfully completing the Protective Service Training Course in August 1984.