Origin Index

Issues Index

Cody Robert Judy
Pro Se
address/phone included w court copy.
codyjudy@xmission.com
www.codyjudy.us
__________________________________________________________________________________


IN THE UNITED STATES DISTRICT COURT,
CENTRAL DISTRICT OF CALIFORNIA

411 West Fourth Street, Room 1053, Santa Anna, California 92701-4516
__________________________________________________________________________________

BRIEF OF AMICUS CURIAE
CAPTAIN PAMELA BARNETT

150. al,
Case No. 8:09-cv-82

Petitioner, Judge: Honorable DAVID O. CARTER

BARACK H. OBAMA, et al.
Defendant.


__________________________________________________________________________________



COMES NOW, Cody Robert Judy, Pro Se, and respectfully submits, as a friend of the court, this BRIEF OF AMICUS CURIAE following the “MOTION FOR LEAVE OF THE COURT TO SUBMIT A BRIEF OF AMICUS CURIAE/OR/UPON THE COURT REQUEST TO PARTICIPATE IN ORAL ARGUMENT SUBMITTED BY APPLICANT CODY ROBERT JUDY-An INDEPENDENT PRESIDENTIAL CANDIDATE 2008-(IN FAVOR OF PETTIONER MR. KEYES et,al, (Represented by Esq Orly Taitz.)” dated and sent to the HONORABLE COURT July 8th,2009.

Table of Content Pg.#
Title 1
Rule of Law 2
Table of Content 2
Expert and legal analogy of ‘natural born” by Mario Apuzzo, Esq

1. Submitted to Senator Hatch/Bennett R’s-UT of Mario Apuzzo,Esq 3-7

Smith v. Allwright 321 U.S. 649 (1944) Affirming Candidates as individuals 7
Qualification dispute with Senator John McCain 8-9
Qualification dispute with Barrack Obama- under British Rule 9-13
Reaffirming Identification of Interest of Applicant 13-15
Declaration of Candidacy of Applicant and Oath Affirming N.B. Qualification 15
Conclusions and Election Ramifications Summary 16-20
Mailing Certificate 21

Rule of law Pursuant to Rule 29
The brief may be conditionally filed with the motion for leave.
A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. Save as all parties otherwise consent, any amicus curiae shall file its brief within the time allowed the party whose position as to affirmance or reversal the amicus brief will support unless the court for cause shown shall grant leave for a later filing, in which event it shall specify within what period an opposing party may answer. A motion of an amicus curiae to participate in the oral argument will be granted only for extraordinary reasons." Rule 29. Federal Rules of Appellate Procedure.


Expert and legal analogy of ‘natural born” by Mario Apuzzo, Esq
Submitted to the United States Senate September Session 2009
Expert Testimony of Mario Apuzzo, Esq. August 2009
Senator Hatch-UT-R
Senator Bennett- UT-R
It was the fear of foreign influence invading the Office of Commander in Chief of the military that prompted John Jay, our first U.S. Supreme Court Chief Justice, to write to George Washington the following letter dated July 25, 1787: “Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen (underlying "born" in the original). Jay’s recommendation did make it into the Constitution. Article II, Sec. 1, cl. 5 of the Constitution provides in pertinent part: “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. . .” In this clause and in Articles I, III, and IV, the Founding Fathers distinguished between "Citizen" and "natural born Citizen." Per the Founders, while Senators and Representatives can be just “citizens,” the President must be a "natural born Citizen." Through this clause, the Founders sought to guarantee that the ideals for which they fought would be faithfully preserved for future generations of Americans. The Founders wanted to assure that the Office of President and Commander in Chief of the Military, a non-collegial and unique and powerful civil and military position, was free of all foreign influence and that its holder has sole and absolute allegiance, loyalty, and attachment to the U.S. The “natural born Citizen” clause was the best way for them to assure this.

That the “natural born Citizen” clause is based on undivided allegiance and loyalty can be seen from how the Founders distinguished between "citizen" and "natural born Citizen." This distinction is based on the law of nations which became part of our national common law. According to that law as explained by E. Vattel in, _The Law of Nations_ (1758), Vol.1, Section 212, Des Citoyens et Naturels, a "citizen" is a member of the civil society. To become a "citizen" is to enter into society as a member thereof. On the other hand, Vattel wrote that a native or indigenes (written in French as /les naturels/ or /indigenes/) or “natural born Citizen” as the term later became translated from French into English, is a child born in the country of two citizen parents who have already entered into and become members of the society. Vattel also tells us that it is the “natural born Citizen” who will best preserve and perpetuate the society. This definition of the two distinct terms has been adopted by many United States Supreme Court decisions. (The Venus, 12 U.S. 253 (1814) and Minor v. Happersett, 88 U.S. 162 (1874) to cite just two.) With the presidential qualification question never being involved, neither the 14th Amendment (which covers only "citizens" who are permitted to gain membership in and enter American society by either birth on U.S. soil or by naturalization and being subject to the jurisdiction of the United States), nor Congressional Acts (8 U.S.C. Sec. 1401), nor any case law (e.g. U.S. v. Wong Kim Ark, 169 U.S. 649 (1898)) has ever changed the original common law definition of a “natural born Citizen.” This amendment and laws have all dealt with the sole question of whether a particular person was going to be allowed to enter into and be a member of American society and thereby be declared a "citizen." The 14th Amendment did not involve Article II, let alone define what a “natural born Citizen” is. Never having been changed, the original constitutional meaning of a "natural born Citizen" prevails today. We can also see from these definitions that a “citizen” could have more than one allegiance and loyalty (acquiring allegiance from one’s foreign parents or from foreign soil) but a “natural born Citizen” can have only one and that is to America (soil and parents are all united in order to be considered natural).

NOT Constitutionally Qualified for POTUS Qualification for President of United States
(Diagram added by Applicant- This makes Senate Resolution 511 un-constitutional.)
The original definition of "natural born Citizen" gives our Constitutional Republic the best chance of having a President and Commander in Chief of the Military who has sole and absolute allegiance, loyalty, and attachment to the United States. By satisfying all conditions of this definition, all other avenues of acquiring other foreign citizenships and allegiances (jus soli or by the soil and jus sanguinis or by descent) are cut off. Having all other means of acquiring other foreign citizenships or allegiances cut off is unity of citizenship which is what the President must have at the time of birth. Additionally, by requiring the child’s parents to be U.S. citizens best assures that those parents most likely will have absorbed American customs and values which, in turn, they will transmit to their child.

The “natural born Citizen” clause serves a critical purpose today and must be enforced in every Presidential election. The President has immense power, both civil and military. The clause assures the American people that their President does not have any conflicting allegiances or loyalties. In our nuclear world, it will avoid having a President who may hesitate to act quickly and decisively in a moment of crisis due to some internal psychological conflict of allegiance or loyalty. It will avoid any foreign nation expecting and pressuring the President to act in their best interest instead of that of America. The clause gives the American people the best chance that they will not be attacked from within through the Office of President. Knowing the President is a “natural born Citizen,” the American people will trust their President with their lives. Finally, such a President can expect that the military will give him or her full trust and obedience.

When President Obama was born in 1961, under the British Nationality Act 1948, both his father and he were British subjects/citizens. In 1963, they both became Kenyan citizens. In fact, Mr. Obama’s father was never even a legal resident or immigrant of America. Hence, regardless of where Mr. Obama was born or that he may be a United States citizen under the 14th Amendment, he is not an Article II “natural born Citizen” and not eligible to be President. This ineligibility has absolutely nothing to do with his race or class but all to do with his being born with multiple citizenships and allegiances and not satisfying the strict eligibility requirements of Article II. If someone believes that today the “natural born Citizen” clause no longer serves any useful purpose, then the proper way to change or abandon it is by way of constitutional amendment under Article V of the Constitution, not by usurpation.

Mario Apuzzo, Esq.
185 Gatzmer Avenue
Jamesburg NJ 08831
Tel: 732-521-1900
Fax: 732-521-3906
Email: apuzzo [AT] erols.com
Blog: http://puzo1.blogspot.com/

Smith v.Allwright
Smith v. Allwright 321 U.S. 649 (1944) undertaken by the United States Supreme Court was, is an action by a national political party “governmental action” for purposes of enforcing Article II and Amendment XIV of the United States Constitution? The Court in Smith v. Allwright, examined whether the action of the political party was a state action or private action. It was determined that since primaries were conducted by the party under statutory authority, the party was an agency of the state insofar as it determined the participants in the primary election. The party took it’s character as a state agency from the duties imposed on it by the state statutes, and the duties did not become matters of private law, simply because they were performed by a political party. Lending credit to the fact that Department of Justice is miserable in its conduct towards Barrack Obama in:

1. Representing private individuals
2. Investigation of the case of material action of fraud, by sworn false statement of material fact perpetrated upon Petitioners, and all U.S. Citizens causing a misleading degree of thought in the Presidential elections of 2008.

Why Senator John McCain Cannot Be President
Eleven Months and a Hundred Yards Short of Citizenship

Gabriel J. Chin
University of Arizona - James E. Rogers College of Law; University of Arizona - School of Public Administration and Policy
Michigan Law Review First Impressions, Vol. 107, No. 1, 2008
Arizona Legal Studies Discussion Paper No. 08-14
Abstract:
Senator McCain was born in 1936 in the Canal Zone to U.S. citizen parents. The Canal Zone was territory controlled by the United States, but it was not incorporated into the Union. As requested by Senator McCain's campaign, distinguished constitutional lawyers Laurence Tribe and Theodore Olson examined the law and issued a detailed opinion offering two reasons that Senator McCain was a natural born citizen. Neither is sound under current law. The Tribe-Olson Opinion suggests that the Canal Zone, then under exclusive U.S. jurisdiction, may have been covered by the Fourteenth Amendment's grant of citizenship to "all persons born . . . in the United States." However, in the Insular Cases, the Supreme Court held that "unincorporated territories" were not part of the United States for constitutional purposes. Accordingly, many decisions hold that persons born in unincorporated territories are not Fourteenth Amendment citizens. The Tribe-Olson Opinion also suggests that Senator McCain obtained citizenship by statute. However, the only statute in effect in 1936 did not cover the Canal Zone. Recognizing the gap, in 1937, Congress passed a citizenship law applicable only to the Canal Zone, granting Senator McCain citizenship, but eleven months too late for him to be a citizen at birth. Because Senator John McCain was not a citizen at birth, he is not a "natural born Citizen" and thus is not "eligible to the Office of President" under the Constitution.
And as otherwise represented in District of Nevada, Las Vegas, Judy v. McCain Case No. 2:08-cv-01162 KJD-RJJ.

Barrack Obama Natural Born Citizenship Contested
Barack Obama's father was a Citizen of Kenya and therefore subject to the jurisdiction of the United Kingdom at the time of Senator Obama's birth, then Senator Obama was a British Citizen "at birth", just like the Framers of the Constitution, and therefore, even if he were to produce an original birth certificate proving he were born on US soil, he still wouldn't be eligible to be President.
The Framers of the Constitution, at the time of their birth, were also British Citizens. This provides the reasons why the Framers declared that, while they were Citizens of the United States, they themselves were not "natural born Citizens". The inclusion of the grandfather clause in Article 2, Section 1, Clause 5 of the Constitution crafted enumerates upon this:
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;
The Framers needing to make themselves eligible for President didn't want future generations to be Governed by a Commander In Chief who had divided loyalty to another Country. While the Framers declared themselves not eligible to be President as "natural born Citizens", they wrote the grandfather clause (which no one living today qualifies under) in for the limited exception of allowing themselves to be eligible to the Presidency in the new nation declared the United States of America.
The Framers distinguished between "natural born Citizens" and "Citizens". Clearly noted in 14th Amendment terminology of "Citizen", not "natural born Citizen". The Framers were Citizens, but they weren't natural born Citizens. They put the stigma of not being natural born Citizens on themselves in the Constitution thus creating a separation of trust for POTUS.
Obama states he was born, in Hawaii on August 4, 1961. His mother was an American woman, Stanley Ann Dunham, and his father was Barack Hussein Obama Sr. – a citizen of the United Kingdom and Colonies born in Kenya, which was still a British colony. Obama Sr. was in the United States on a college scholarship and was neither a citizen nor a permanent resident of the United States. Because of the citizenship status of his father, Obama Jr. was governed by British citizenship laws at the time of his birth. The law that governed Obama Sr. and his children was the British Nationality Act of 1948. It stated the following:
“1.—(1) Every person who under this Act is a citizen of the United Kingdom and Colonies or who under any enactment for the time being in force in any country mentioned in subsection (3) of this section is a citizen of that country shall by virtue of that citizenship have the status of a British subject.
“(2) Any person having the status aforesaid may be known either as a British subject or as a Commonwealth citizen; and accordingly in this Act and in any other enactment or instrument whatever, whether passed or made before or after the commencement of this Act, the expression ‘British subject’ and the expression ‘Commonwealth citizen’ shall have the same meaning.”
Barack Obama Sr. as a British citizen and subject to the laws of the British Nationality Act (BNA). The following sections establish that Obama Jr. was subject to the same laws at birth:
“4. Subject to the provisions of this section, every person born within the United Kingdom and Colonies after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by birth.”
“5.—(1) Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.”
He was born a citizen of the United Kingdom and Colonies on August 4, 1961. If he was in fact born in the United States, then it is possible that he acquired both United States and British citizenship. If he was born in Kenya, as long as their father was previously a British citizen born in Kenya:
“1. Every person who, having been born in Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Kenya on 12th December, 1963…
“2. Every person who, having been born outside Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Kenya by virtue of subsection (1), become a citizen of Kenya on 12th December, 1963.”
Barack Obama Jr. was a British citizen at birth and a Kenyan citizen by virtue of the adoption of the Kenya Constitution. At age 23, he lost his Kenyan citizenship if he did not renounce his British or United States citizenship, take the oath of allegiance to Kenya, and declare his intentions of residence in the country. However, at no point did he automatically lose his British citizenship.
In the British Nationality Act of 1981, all previous citizens of the United Kingdom and Colonies became “British Dependent Territories” citizens. This term was later amended to “British overseas territories” citizen.
“s 23 Citizens of U.K. and Colonies who are to become British overseas territories citizens at commencement.
“(1) A person shall at commencement become a British overseas territories citizen if–
(a) immediately before commencement he was a citizen of the United Kingdom and Colonies who had that citizenship by his birth, naturalization or registration in a British overseas territory; or
(b) he was immediately before commencement a citizen of the United Kingdom and Colonies, and was born to a parent—
(i) who at the time of the birth (‘the material time’) was a citizen of the United Kingdom and Colonies; and
(ii) who either had that citizenship at the material time by his birth, naturalization or registration in a British overseas territory or was himself born to a parent who at the time of that birth so had that citizenship.”
In 1981, Obama became a British overseas territories citizen by virtue of the latest BNA, which was amended by the British Overseas Territories Act 2002.
“2 British overseas territories citizenship
“(1) Pursuant to section 1, British Dependent Territories citizenship is renamed ‘British overseas territories citizenship’; and a person having that citizenship is a ‘British overseas territories citizen.’”
Reaffirming Identification of Interest of Applicant
1- Applicant is the only contesting candidate of the 2008 Election, for President of the United States to John McCain’s eligibility of qualification (filed & served 2 days prior to Republican National Convention) as well as EMERGENCY EXHIBIT OF EVIDENCE filed 2 days prior to 2008 election submitting Mr. Berg’s WRIT OF CERTIORARI to NEVADA FEDERAL court contesting Presidential Candidate Barrack Obama’s qualifications, filed in the lower court of the DISTRICT OF NEVADA, LAS VEGAS CASE No. 2:08-cv-01162-KJD-RJJ .
2- Applicant has in his candidacy “standing” and “Direct Harm” claims, also articulated in the body of his complaint which removes one (1) question of the Writ of Certiorari and more importantly prays the constitutional question of “Qualification” requirements of (a) natural born citizenship and (b) age requirements said in U.S. Constitution, Article II Section1 clause 4. The case in Nevada was dismissed on a ‘moot’ issue after Senator McCain’s loss.
3- The Government’s theory of a remotely electable candidate based upon popularity is predicated upon the dirt being kept under the carpet rather than a full airing out of capacity in the public light. As a Plaintiff in a Federal Law Suit, Applicant, (Cody Judy) contended that if the Judge HAD ruled in favor of Constitutional Law in the natural born status and John McCain had been barred, or disqualified from the Presidential Race on the eve of the Republican Convention and his nomination, an uproar of publicity would have been garnered on the behalf of his Presidential Race in favorable light of defense of the Constitution. Unlike most Contestants who neither wanted to tackle the issue, or associate themselves with the Constitutional requirement and in fact as the oath of the President charges it’s taker to “Defend the Constitution”, plaintiff/appellant holds, it was as reasonable a theory for a voter to desire a candidate remotely acting in harmony with the oath rather then in dis-harmony, providing a level of credibility towards the voting public unique in character form nearly the whole field of contestants, which could plausibly end with a victory of the popular vote and the electoral vote, as delegates are responsible for their representation of the public and can change their vote to reflect this at any time before the electorates are counted officially after the election.
4- If this theory is comprehensible, the same applies to Barrack Obama, and or John McCain and can be theoretically conceived as a reasonable assertion.

Conclusions and Election Ramifications Summary
If the United States is to continue to be a Constitutional Republic the principles and powers of the Constitution must be defended with the zeal of Patriotism associated with the Standard the United States foundation rest upon. The keystone of our Republic is the Constitution which has guided our destination. As success is determined in history’s general frame, our Nation is an extremely successful experiment the world has witnessed and been astonished by. The unique characters written for our success by the Framers of the Constitution were read, unlike many of the bills coming out of Congress by representatives elected by the people today. These principles were well thought out by men considered by many to be wise and full of understanding, even divinely inspired.
The principles enumerated upon include a strict guideline to a “natural born citizen” being a qualification for the President that is clearly discernable from every other kind of citizenship found in the Constitution which was separated in the interest of “loyalty” and “independence” of any foreign claim or appearance of divided interest. To that rest in peace the body of our military soul, our economic sovereignty, and in the future light our own blessed generations in liberty and freedom do and will depend upon. It is the Applicants assertion that when these principles are abandoned our Nation suffers the misdirection of our military, the economic prosperity we are accustom to, and the civil accord afforded in our liberty and freedom as rights not to be abridged by the Government.
In the latest address to Congress Obama mentioned “The time for bickering is over; The time for games has past; Now is the season for action”, to wit Applicant believes he is the biggest game player and we need to continue action in defense of our Constitution and call him out for what he has done behind the back of the American People in a fraudulent affirmation of his “natural born status” that as a past constitutional lawyer and teacher is inexcusable and treacherous. In the6 months of Barrack Obama’s occupation of the White House Obama has proposed more spending then all Presidents combined lending a credible theory of dismantling the United States in disastrous theorems of socialistic and one might say British or Canadian rule in the following ways:

1. Sealed with his first Order Executive Order 13489 of January 21, 2009

Presidential Records Sec. 2. Notice of Intent to Disclose Presidential Records. (a) When the
Archivist provides notice to the incumbent and former Presidents of his intent to disclose Presidential records pursuant to section 1270.46 of the NARA regulations, the Archivist, using any guidelines provided by the incumbent and former Presidents, shall identify any specific materials, the disclosure of which he believes may raise a substantial question of executive
privilege. However, nothing in this order is intended to affect the right of the incumbent or former Presidents to invoke executive privilege with respect to materials not identified by the Archivist

2. Bowed to the King of Saudi Arabia .
3. Praised the Marxist Daniel Ortega.
4. Kissed Socialist Hugo Chavez on the cheek.
5. Endorsed the Socialist Evo Morales of Bolivia .
6. Sided with Hugo Chavez and Communist Fidel Castro against Honduras.
7. Announced we would meet with Iranians with no pre-conditions while they're building their nuclear weapons.
8. Gave away billions to AIG also without pre-conditions.
9. Expanded the bailouts.
10. Doubled our national debt.
11. Announced the termination of our new missile defense system the day after North Korea launched an ICBM.
12. Released information on U.S. intelligence gathering despite urgings of his own CIA director and the prior four CIA directors.
13. Appointed a Homeland Security Chief who identified military veterans and abortion opponents as "dangers to the nation."
14. Ordered that the word "terrorism" no longer be used and instead refers to such acts as "man made disasters adding 30,000 troops to Afghanistan’s ‘man made disaster."
15. Circled the globe to publicly apologize for America 's world leadership.
16. Told the Mexican president that the violence in their country was because of us.
17. Politicized the census by moving it into the White House from the Department of Commerce.
18. Low altitude photo shoot of Air Force One over New York City that frightened thousands of New Yorkers.
19. Sent his National Defense Advisor to Europe to assure them that the US will no longer treat Israel in a special manner and they might be on their own with the Muslims.
20. Praised Jimmy Carter's trip to Gaza where he sided with terrorist Hamas against Israel.

21. Nationalized General Motors and Chrysler while turning shareholder control over to the unions and freezing out retired investors who owned their bonds. Committed unlimited taxpayer billions in the process.
22. Passed a huge energy tax in the House that will make American industry even less competitive while costing homeowners thousands per year in a time of recession.
23. Appointed Van Jones, a known and self avowed communist who recently resigned under fire of being called a czar, (VAN JONES, OBAMA GREEN JOBS "CZAR": The white polluters and the white environmentalists are essentially steering poison into the people of color's communities because they don't have a racial justice frame) among 32 other appointed assistance to Obama with no Congressional approval.
24. Announced nationalized health care "reform" that is mandatory and compulsory upon the uninsured, accept non-citizens who we suppose won’t be treated as they arrive at medical centers with wounds needing medical attention, and could cut pay of physicians, increase taxes yet another $1 trillion, and seeks to raise the debt limit to 13 trillion further devaluing the dollar.

Many of these “deeds” can be argued however in general the resemblance appears either a dictatorship form of government pressing the socialistic agenda upon America with a near abandonment of our sovereignty and independence from other nations. If loyalty of natural born citizenship was divided into deeds, the accompanying list is pretty much what it would look like.
One great concern of the Appellant is that an unfairly administered criteria of “Natural Born Citizen” that excluded Senator John McCain known to be born outside the U.S., and granted citizenship by naturalization, could be construed in violation of U.S. Const., Amend.XVsECT.1 Abridged; (voting rights shall not be denied on account of race, color, or previous conditions of servitude.) in precisely what Van Jones said, “The white polluters and the white environmentalists are essentially steering poison into the people of color's communities because they don't have a racial justice frame”.
The conclusion fairly distributed would be to ascertain the liability of “natural born citizenship” self admitted and known of Barrack Obama, with his father a known British Subject and his acquiescence to that rule of law also never denied and thus ineligible for POTUS. Also, to ascertain the votes for John McCain unconstitutionally submitted for he as a naturalized citizen ineligible for POTUS. Due to the extreme popular vote of these two candidates, both being unqualified by the requirements of the Constitution of ‘natural born citizen’, and no Constitutional Amendment nor Binding Senate Resolution stating otherwise, and a voting public carried away in the trust of Party Regulation of their Candidates, declare the election in fact as under the circumstances, null and void. This would open the Nation up for a new election to be held the next general special election of Nov. 2009 and would in fact negate “discovery” into the private records of Barrack Obama as his long form birth certificate is sought by Plaintiff’s and their Counsel. This would sufficiently serve notice that the Constitution is intact and the interpretation of the Constitution a function in Judicial Remedy fairly administered to the voting American citizenry.
Signed and Dated this 10th day of Sept.2009
____Original /s/ { Cody Judy } hard copies sent_____
Cody Robert Judy/ Pro Se/ Applicant



Certification of mailing
I hereby certify that I MAILED a true and correct copy of the following :
“BRIEF OF AMICUS CURIAE”
Postage prepaid, U.S. Mail, this 11th day of Sept,2009 to the following parties :

Mrs.Dr.ORLY TAITZ, Esq. (SBN 223433)
26302 La Paz
MissionViejo Ca 92691
Telephone: (949) 683-5411
Facsimile: (949) 586-2082
dr_taitz@yahoo.com

And
Mr.GEORGE S. CARDONA Acting United States Attorney Mr. LEON W. WEIDMAN Assistant United States Attorney Chief, Civil Division Mr.ROGER E. WEST (State Bar No. 58609) Assistant United States AttorneyFirst Assistant Chief, Civil Division Mr.DAVID A. DeJUTE (State Bar No. 153527) Assistant United States Attorney Room 7516, Federal Building 300 North Los Angeles Street Los Angeles, California 90012 Telephone: (213) 894-2461/2574 Facsimile: (213) 894-7819 Email: roger.west4@usdoj.gov david.dejute@usdoj.gov

Signed this 11th day of September, 2009
__________Original /s/ { Cody Judy} on Hardcopies sent_______________
Cody Robert Judy















The attached law suit was filed in LasVegas, NV. Sept 3rd,2008 9 AM and served with a return service at 11 AM on the same date.

Cody Robert Judy vs. John McCain : 2:08-cv-01162 KJD-RJJ is a unique in the question of John McCain's "naturalized" citizenship verses the constitutional

requirements of "natural born" as a qualification for President to the cases filed in NH and California dismissed based on "the lack of stand" or "direct injury"

which Lawyers for McCain have submitted to the court. The courts based their dismissals on the premise no direct injury had been caused the plaintiff, they

weren’t running for President. Cody Robert Judy is, thus the U.S. District Court in Nevada has grounds to consider the Constitutional Legality question

of "Naturalization" and "Natural" born with two candidates for President.

The law suit also includes the National Republican Party chairs, and was served accordingly to their representatives apart from John McCain's representatives

at the Regional Republican and McCain headquarters in LasVegas, NV. Judy stated, “I don't think it would have been fair to all the Republicans if the suit had

not been filed and served before they made John McCain their nominee. They indeed had two days to consider wither to make it an issue at their National

Convention for consideration of all their delegates and to decide how to handle it in their party before his nomination. They had the information, and acted to

as they did, which was basically to let the hammer falls where it falls and risk their nominee's Constitutional disqualification."

While Senator Barrack Obama is on board with Senator McCain as to the U.S. Constitutional requirements of the office of the Presidency, Cody Robert Judy

raises cane with McCain, to the systematic dissolution of the fibers of the U.S. Constitution, due to the jeopardy of all Liberty and our nations' Independence from foreign

Dictatorship. Judy states, “The 'non-binding' resolution of the U.S. Senate, left out half of Congress, as well as the U.S. Constitution, and that is

a cheap way to qualify your run for President. While he might take his authority from the U.S. Senate, I don't and there is no reason why our

Judicial Branch can't be petitioned to answer and interpret the law, that's what the Judicial Branch is for. The U.S. Supreme Court has ruled also that

controlled land by the U.S., does not constitute 'soil' of the U.S., nor is it part of the Union, for Constitutional purposes and the 14th Amendment was

not created to dismiss the "Qualifications" of the Presidency in Art 2 ss. 1. While I respect John McCain's service, I don't respect anyone's surge on the corner

stone of every American's Liberty and Freedom. The first priority of a President is to uphold, defend, and protect the U.S. Constitution. How can you do that if

you violate the U.S. Constitution the first day in office by being President?"



. The suit looks to the U.S. Senate Judiciary Considerations in 2000 for an Amendment to the U.S. Constitution, the non-binding

Senate Resolution of 2008, which Hillary Clinton, and Democratic Nominee Barrack Obama were a part of, and draws from comments and considerations of

the Founding Fathers, as well as the U.S. Constitution itself and also details the reasons the law suits were dismissed in N.H. and the one in CA. is near dismissal.

The comparison of Cody Robert Judy's to John McCain's is made as small, but debates that John McCain's campaign is very small compared to the U.S. Economy,

the Liberties, Rights, and Freedoms' of every American in history and our future history which our U.S. Constitution has indeed born the fruit for.



Cody Robert Judy for President 2008
We Can Do This Campaign
www.codyjudy.us






CRJ Press Release Aug 29th,2008
Subject: McCain weakens U.S. with VP Sarah Pallin

Dear Mitt Romney:



Perhaps leadership doesn't have any place in McCain's logic, in his oversight with his Vice Presidential pick, or perhaps the good Lord is trying to tell us that this is the time for an Independent Run. I mean if McCain has you supporting him for example in his cabinet somewhere you can help “just as much' right? Leadership has no place... or it does have a place? What do you think?



Do you really think McCain's pick has more to do with 'getting the women's vote', because Senator Hillary Clinton is not on the Democratic Ticket, or the fact he can't stand 'a strong man' by his side? If it's the latter, then he made a choice that weakened the United States, not one that strengthened it.

I do not think Gov. Sarah Palin is the best replacement as U.S. President if Sen. John McCain kicks the bucket, nor do I believe Senator John McCain thinks that. I believe he picked her in order to get the women's vote, and that is an error in his judgment in the safety, defense, and economic soundness of the United States and our future generations. I believe more women would vote for defense of our Liberty and Independence because it has to do with the condition of our Nation that our children will inherit, then the political popularity of having a 'women' on the ticket.



I truly believe Senator McCain's wife, Cindy McCain, had the greatest influence on his choice...which is an 'elitist influence'.





When 'parties' do anything, and say anything to get elected... the soul is lost of the party. I hope you will have more faith that the American People will see through this and would be willing to vote a better choice for the Liberty and Independence of our Nation.



I hope to hear from you regarding my invitation to you for Vice President of a conservative independent choice.



Senator John McCain should be legally challenged with his qualifications to even run as U.S.President











Cody Judy

21. S. President 2008

We Can Do This Campaign

www.codyjudy.us









CRJ Press Release Aug 19,2008
Subject:
Conservative Talk Show Host Rush Limbaugh and Glenn Beck both snub Cody Robert Judy as a choice for the American Public.

From: codyjudy@hotmail.com
To: info@ap.org; ; ireport@cnn.com; eyewitness@ksl.com; foxaroundtheworld@foxnews.com; me@glennbeck.com; ; jkernan@readytek.net; johnstossel@abcnews.com; madsen@xmission.com; michael.finnegan@latimes.com; madinfo@madtv.com; ; webadmin@mikebloomberg.com; info@mittromney.com; ltweditor@nytimes.com; elrushbo@eibnet.com; comments@slweekly.com; letters@sltribune.com; john@slweekly.com; stu@glennbeck.com; letters@time.com; letters@usatoday.com
Subject: White Horse Champion
Date: Tue, 19 Aug 2008 21:18:41 +0000


Dear Rush & Glenn,

The saddest commentary you will make is when everyone sees that you promoted liberal agenda's so you could have a 'conservative radio show platform'. By not letting people at least know, who are listening to your show, that 'conservative independent choices' exist for them; you are pandering to the left and their agenda. I use to think you had more in you when it come to sincerity of the United States Constitutional principles, but you don't have a 'Conservative Bone' to stand on with your endorsement of John McCain!

Only pandering to him, as the conservative choice, is tantamount to endorsing Obama because you know why the 'media' picked McCain and pandered to him in the Republican Primary. They felt Obama could beat him. Why don't you have more faith in America Rush and Glenn?

American's can rally around a concept, a principle, and a candidate if they are given the choice. You saw what happened in the 'McCain/Kennedy Immigration Stop It Campaign. Why are you so bent on letting the Conservative Voice die for the sake of the 'Republican Party' Rush? The Republican Party doesn't deserve the respect and honor without the principles of conservatism it is suppose to be championing. And you don't deserve that either when you choose to focus on platforms of ’popular liberalism' disguised as republicans John McCain and Joseph Lieberman.

I still hope for America Rush & Glenn, I've been imprisoned because of the lack of defense of the Constitutional Principles! I know what those are. We can't afford to let McCain lose............we have to win! For God's sake, please INFORM VOTERS OF MY PETITION SO I CAN GET ON THE BALLOT! http://www.petitiononline.com/CodyJudy/petition.html

I made a little spot about your quote today on my web site about the 'WHITE HORSE' I think you will like Rush.

If you at least 'inform' voters of the movement, they can make a choice. You’re not endorsing me, your informing the voter. It's not too late Rush & Glenn! The election is not until Nov. and I know if you would AT LEAST GIVE OUT THE PETITION SITE, AND WEB SITE, People will move in a rush! That's what we need,... you know every time you call Obama the 'Messiah' even when you do it faciously, you hear on the radio, the Republican Aint Got One!

Mr. Glenn Beck, I heard such an emotional commentary from you this week regarding "George Washington's HONOR', regarding the John Adams Mini-series and the oath of office "So Help Me God", he added. I believe you said, "Where are the leaders like that of our time?" Mr. Beck, your crucifying them! I'm going to get religious on you because you know it and I know it. Jesus Christ was crucified by the Jews, because they "thought" they had all the laws and authority and they did not need anyone else. They had the "favor of God", and

what did they do? They crucified the Savior out of what.......... "Their Pride". I hope you take a closer look at the facts of my case and realize that barring anyone getting hurt there hasn't been a warning sign given for the last 100 years like the one given on Feb 7th, 1993, in which I was incarcerated for 3018 days. You better believe its happening! I hope you know what side you’re on because I will not hold you Rush, and you Glen, at all responsible for your slight....no... not at all!

I think you’re going to want a copy of my book to see YOUR NAMES IN IT ! America is going to find out just what color you are... don't know if it's going to be Red White and Blue for ya? Change is a coming and I don't think you know from which direction it's going to hit you.

May the "Conservative Realities of our U.S. Constitutional Liberties and Independence R.I.P. because two radio show host didn’t have any balls!" I'd love to see that printed in the New York Times you pandering winkers!

Cody Robert Judy
www.codyjudy.us
We can do this campaign

TAKING A STAND! The Conservative Independent Voice
Release date September 4th,2008

Copy of the Brief of Amicus Curiae filed w Judge Carter 9/11/09

To Read Petition
Click