Response from one US Attorney

[Fred Stephens/Texas Assistant State Coordinator]

On May 4, 2009 I wrote United States Attorney Tim Johnson the following letter. The response from Attorney Johnson is shown following the letter to Attorney Johnson. (It has been scanned and shortened to eliminate unnecessary information.)

Attorney Johnson is non-responsive with respect to his oath of office. It is the only response I have received from any of the 93 US Attorneys I have written. Two letters each. One hundred eighty six letters,

May 4, 2009


United States Attorney Tim Johnson
P.O. Box 61129
Houston, TX 77208

Dear Attorney Johnson,

The United States continues in constitutional crisis due to the requirements spelled out in the Constitution to hold the office of President of the United States.

The constitution requires that the President of the United States must be a “natural born” citizen. A child is a "natural born citizen" if born on US soil to parents who are both citizens at the time of birth.

Barack Obama is not and cannot be a “natural born” citizen because his father was a citizen of the United Kingdom at the time of his birth. Obama was at birth, and continues to be, a citizen of the United Kingdom, unless he became a naturalized citizen upon his re-entry to the United States from Indonesia.

Amendment XIV of the Constitution states:
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.

When Obama was born, he was a citizen of the United States, or he was not. Those are the only two choices for his "at birth" citizenship status.

What do the words “subject to the jurisdiction thereof,” mean?

In Steel Co. v. Citizens for a Better Environment (1998) the court said “jurisdiction is a word of many, too many, meanings.” Therefore, it is important to discover the operational meaning behind “subject to the jurisdiction” as employed under the Fourteenth Amendment rather then assuming its meaning from other usages of the word jurisdiction alone.

Both Sen. Lyman Trumbull and Sen. Jacob Howard, key figures in the drafting and adoption of the Fourteenth Amendment, responding to questions of the meaning of “subject to the jurisdiction” of the United States declared it to mean “complete” jurisdiction.

Senator Howard, who introduced the language of the jurisdiction clause on the floor of the Senate, contended that it should be construed to mean “a full and complete jurisdiction, the same jurisdiction in extent and quality as applies to every citizen of the United States now”.

Senator Trumbull, declared:
The provision is, that ‘all persons born in the United States, and subject to the jurisdiction thereof, are citizens.’ That means ‘subject to the complete jurisdiction thereof.’ What do we mean by ‘complete jurisdiction thereof?’

“Not owing allegiance to anybody else. That is what it means.”

In the year 1873 the United States Attorney General ruled the word “jurisdiction” under the Fourteenth Amendment to mean:
The word “jurisdiction” must be understood to mean absolute and complete jurisdiction, such as the United States had over its citizens before the adoption of this amendment… Aliens, among whom are persons born here and naturalized abroad, dwelling or being in this country, are subject to the jurisdiction of the United States only to a limited extent. Political and military rights and duties do not pertain to them. (14 Op. Atty-Gen. 300.)

Obama was born in the United States under limited United States jurisdiction and therefore not a citizen at birth! In order for Obama to become a citizen of the United States, he must become a citizen through the process of naturalization. If he has not performed this legal action, Obama is not a citizen of the United States!

The opinion rendered by Chief Justice John Marshal in the landmark case, Marbury v. Madison stated:
“It cannot be presumed that any clause in the constitution is intended to be without effect; and, therefore, such a construction is inadmissible…”

If being born as a 14th Amendment citizen was enough to be President, then the natural born citizen clause would have no effect. According to chief justice Marshall, that argument is inadmissible.

Obama is not a natural born citizen of the United States whether he was born in Hawaii or not.
You took an oath to protect and defend the Constitution of the United States, so help me God.

It is beyond my and others comprehension why we must remind you of that solemn oath you took in our attempts to get you to abide by it.

The People are demanding that you convene your Grand Jury for the sole purpose of determining the eligibility of Barack Hussein Obama to serve as President of the United States pursuant to Article II, Section I of the Constitution.
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Response from Attorney Johnson:
U.S. Department of Justice
United States Attorney’s Office
Southern District of Texas


May 06, 2009

Dear Sir or Madam:

The United States Attorney’s Office is responsible for prosecuting violations of federal criminal law. As such, this office receives case matters through investigative agencies, i.e. Federal Bureau of Investigation (FBI), Customs, Secret Service, etc. While this office represents the United States Government and various federal agencies, we are not authorized to give legal opinions or advice to private individuals.

In as much as you feel you have suffered some injustice, you might consider consulting with a private attorney in order to explore all possible legal actions.

Other:

We are returning to you the information you provided to our office.

We regret we cannot be of assistance in this matter. Unless the letter specifies, please be advised that any further correspondence received from you in this matter will be returned to you. Again, we regret that we are unable to be of further assistance to you in this matter.


Sincerely yours,

TIM JOHNSON
Acting United States Attorney



By:
PUBLIC INQUIRY