1 2 3 4 5 6 7

Thomas A. Lamb 2806 Howe Place #1 Anchorage, Alaska 99517 E-mail: tlamb775@aol.com Telephone: 907-306-5855

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE ) ) ) ) ) ) ) Case No.: 3AN-12- 09661 CI ) ) ) ) ) ) )

Thomas A. Lamb a Resident of the State of

8

Alaska, acting as pro se,

9

Plaintiff,
10

vs.
11

Presidential Candidates Barack Obama and

12

Mitt Romney,
13

Defendants
14 15 16

PLAINTIFFS MOTION FOR IMMEDIATE DISCLOSURE OF RECORDS PERTAINING TO PRESIDENTIAL CANDIDATES BARACK OBAMA AND MITT

17

ROMNEY
18

Plaintiff Thomas A. Lamb, pro se, asks this court pursuant to Alaska Statute 09.43.440
19

and the Full Faith and Credit Clause of the federal constitution to immediately order the
20

Defendants to provide copies of requested records to the Plaintiff.

21

The Plaintiff asks this court to enjoin any entity or person abetting the Defendants in
22

denying requested records made by the Plaintiff.

23 24

This motion is supported by the Plaintiffs Memorandum in Support of Motion for Immediate Disclosure of Records Pertaining to Presidential Barack Obama and Mitt Romney.

25

A proposed order is submitted with this motion.

26

Dated this ____ day of October, 2012

27 28

_______________________________ _________ Thomas A. Lamb

Lawsuit RomneyObama- 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

CERTIFICATE OF SERVICE The undersigned certifies that on this date, I caused a copy of the foregoing to be served by certified First Class mail to the following parties known address: Obama for America P.O. Box 803638 Chicago, Il 60680 Romney for President P.O. Box 149756 Boston, Ma 02114-9756

Lawsuit RomneyObama- 2

1 2 3

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE ) ) ) ) ) ) ) Case No.: 3AN-12- 09661 CI ) ) ) ) ) ) )

Thomas A. Lamb a Resident of the State of

4

Alaska, acting as pro se,

5

Plaintiff,
6

vs.
7

Presidential Candidates Barack Obama and

8

Mitt Romney,
9

Defendants
10 11 12 13 14 15 16 17 18 19

ORDER IT IS SO ORDERED that the Plaintiffs motion is GRANTED. The following Defendants records shall be disclosed to the Plaintiff and the public by this ____ day of October, 2012. 1. 10 years of tax returns dating back from 2009 from Defendant Mitt Romney. 2. 10 years of tax returns dating back from 2007 from Defendant Barack Obama.

20 21 22 23 24 25 26 27 28

3. Complete medical history dating back from High School to current. 4. Complete school/financial records dating back from High School to college completion. 5. Complete personnel records from Bain Capital and any entity associated with the group identified as ACORN.

Date
Lawsuit RomneyObama- 3

The Honorable Judge Frank A. Pfiffner

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Thomas A. Lamb 2806 Howe Place #1 Anchorage, Alaska 99517 E-mail: tlamb775@aol.com Telephone: 907-306-5855

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE ) ) ) ) ) ) ) Case No.: 3AN-12- 09661 CI ) ) ) ) ) ) )

Thomas A. Lamb a Resident of the State of Alaska, acting as pro se, Plaintiff, vs. Presidential Candidates Barack Obama and Mitt Romney, Defendants

MEMORANDUM IN SUPPORT OF MOTION FOR IMMEDIATE DISCLOSURE OF RECORDS PERTAINING TO PRESIDENTIAL CANDIDATES BARACK OBAMA AND MITT ROMNEY Plaintiff Thomas A. Lamb, pro se, asks this court to immediately order the Defendants to provide copies of requested records to the Plaintiff. The Plaintiff asks this court to enjoin any entity or person abetting the Defendants in denying requested records made by the Plaintiff. The 2012 general presidential will be held on November 6th, 2012 and early voting will begin in Alaska on October 22nd, 2012. The requested records can be disclosed under AS 09.43.440 and under the Public Records Acts in other state jurisdictions.

Lawsuit RomneyObama- 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

STATEMENT OF FACTS The Plaintiff Thomas A. Lamb is a resident and registered to vote in the State of Alaska. A letter of demand was sent via Federal Express to both presidential candidates Barack Obama and Mitt Romney on September 14th, 2012. Both Defendants received the letter of demand. The Plaintiff took the least intrusive means of obtaining a request for records by submitting the demand letter. The records requested were 10 years of IRS tax returns, school records and personnel records. Since both Defendants are running for the position of President of the United States and are on the Alaska 2012 general ballot, it is in the public interest that the requested records be made public to add clarity to what is fact in this presidential election. At this time neither Defendant has responded to the above captioned case where a case of controversy exists between the presidential candidates and the Plaintiff on what the facts are. The Plaintiff in his demand letter stated that parity in the request of records should be held and this statement is in line with what presidential candidate Barack Obama when he stated you should play by the same set of rules and to be president, your life is an open book. infra. The Plaintiff made a good faith effort to resolve the issue outside the courtroom.

LEGAL ARGUMENT Contra factum non est argumentum - against a fact there is no argument. To get the facts relevant to this instant case of controversy, discovery of the requested records through a court order with the veil of protection provided by the Full Faith and Credit Clause of the federal constitution is appropriate. The United States Supreme Court has stated:

The Full Faith and Credit Clause does require each State to give effect to official acts of other States. A judgment entered in one State must be respected in another provided that the first State had jurisdiction over the parties and the subject

Lawsuit RomneyObama- 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

matter. Moreover, in certain limited situations, the courts of one State must apply the statutory law of another State. Nevada v. Hall, 440 U.S. 410, 422 (1979)

The Alaska Supreme Court stated the applicants for high government positions expose their private lives to public scrutiny. International Association of Fire Fighters, Local 1264 v. Municipality of Anchorage and Anchorage Daily News, 973 P.2d 1132, 1136 (Alaska 1999) (IAFF), citing City of Kenai, 642 P.2d at 1324. In a case between the Alaska Dispatch and the North Star Borough, Alaska Superior Court Judge Winston Burbank ordered the North Star Borough to release the personnel records of U.S. Senate candidate Joe Miller. (See http://www.alaskadispatch.com/article/judge-ordersborough-release-us-senate-candidate-millers-records) In the article, Judge Burbank stated, "Individuals who run for office expect that their past will be researched and revealed, and therefore, lose their previously held expectations of privacy". The Alaska Dispatchs own writer, Craig Medred has written in a correspondence that as a result of the case against Joe Miller, there is a meaningful legal precedent that hopefully will be uniformly applied to everyone from here on. (See http://joemiller.us/2012/10/alaskan-filessuit-against-presidential-candidates-cites-joe-miller-obama-senate-cases) In 2004, Barack Obama was a Democratic U.S. Senate candidate and Barack Obamas opponent was Blair Hull. The Chicago Tribune leaked a story that contained information in sealed court records that was damaging to Blair Hull. It was pointed out in an article that "The Tribune reporter who wrote the original piece later acknowledged in print that the Obama camp had 'worked aggressively behind the scenes' to push the story." It was rumored that David Axelrod had "an even more significant role -- that he leaked the initial story." (See http://www.humanevents.com/2012/08/01/ann-coulter-obamassignature-move-unsealing-private-records/)

Lawsuit RomneyObama- 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

In the 2004 Illinois general U.S. Senate race, Barack Obamas opponent was Republican Jack Ryan. The Chicago Tribune was able to get a court order from California Judge Robert Schnider to unseal the divorce records of Republican candidate Jack Ryan. In an article written by The Chicago Tribune, Judge Schnider stated:

But Schnider said he had weighed the public interest of disclosure against the private interests of the Ryans and their child. "In the end," Schnider found, "the balance tips slightly to the public. "They were aware they were in a public court system and protection from embarrassment cannot be a basis for keeping from the public what's put in public courts," said Schnider, referring to Ryan and his ex-wife, actress Jeri Lynn Ryan. Additionally, Schnider said, "the openness of court files must be maintained, so that the public ... can be assured that there is no favoritism shown to the rich and the powerful." Schnider ruled that allegations the Ryans made against each other in their 1999 divorce would be released, though documents directly pertaining to the welfare of the couple's 9-year-old son would remain under seal. He acknowledged that in approving the release of the documents, "the nature of publicity generated will become known to the child and have a deleterious effect on the child." (See http://www.chicagotribune.com/chi-0406180364jun18,0,169467.story)

It is recognized that political opponents to Barack Obama have had Courts in other jurisdictions, rule in favor of releasing sealed records.

Lawsuit RomneyObama- 7

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1. The Controversy Over Bain Capital and ACORN and the Discovery of Personnel Files During this presidential campaign, Barack Obama has launched an ad on You Tube attacking Mitt Romneys tenure at Bain Capital. (See http://www.youtube.com/watch?feature=endscreen&NR=1&v=yhQlnx1NSUw) It is alleged that during Mitt Romneys tenure at Bain Capital, Mitt Romney had his hand in the closing of a steel mill and as a result of the closing, Mitt Romney was responsible for the death of Joe Soptics wife. (See http://www.mediaite.com/online/brutal-new-ad-blames-mittromney-for-death-of-steelworkers-wife/) There is a question if Mitt Romney was employed by Bain Capital during the closing of the steel mill and what position he held at Bain Capital when the steel mill in question closed. The question can be answered through an examination of Mitt Romneys personnel records at Bain Capital. In 1992, Barack Obama worked as Illinois director for the Project Vote which is now working with The Association of Community Organizations for Reform Now (ACORN). Barack Obama has not released any personnel records from ACORN or tax returns in the late 1990s. According to the New York Times, Lewis Goldberg, a spokesman for Acorn, said Mr. Obama conducted two leadership training sessions of roughly an hour each for Acorns Chicago affiliate over a three-year period in the late 1990s. He was not paid for that work, Mr. Goldberg said. (See http://www.nytimes.com/2008/10/11/us/politics/11acorn.html?_r=0) In the late 1990s, ACORN was involved in embezzlement, bilking AmeriCorps, and minimum wage hypocrisy. (See http://www.prnewswire.com/news-releases/acorn-voterregistration-fraud-allegations-are-just-the-tip-of-the-iceberg-says-employment-policies-institute74288792.html) In an interview with Bloomberg, Barack Obamas lawyer Robert Bauer discusses voter fraud. (See http://www.jdsupra.com/legalnews/obama-campaigns-top-lawyer-there-is-no-65281/) A pattern of voter fraud was just recently exposed in an undercover video showing a director for Obamas Organizing for America assisting a undercover reporters scheme to

Lawsuit RomneyObama- 8

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

commit voter fraud. (See http://pjmedia.com/jchristianadams/2012/10/10/latest-okeefe-videoshows-obama-campaign-voter-fraud/) There is a question on the type of work Barack Obama did with ACORN and if he was paid by ACORN in the 1990s. The questions can be answered through a thorough examination of Barack Obamas personnel records associated with ACORN and tax returns. In Maryland, The Honorable Gilbert J. Glenn while citing a wealth of federal case decisions, opined that personnel files of a private employer are not privileged against discovery. (See http://www.oag.state.md.us/Opinions/1995/80OAG249.pdf)

2. The Controversy Over Tax Returns and Discovery of Tax Returns Senator Harry Reid on the floor of the U.S. Senate, has come out publicly and stated that Mitt Romney has not paid taxes in the last ten years or he has manipulated his taxes. His source is evidently an employee that worked for Bain Capital. (See http://youtu.be/5VOIFRH0Zgs) Barack Obama has launched an ad that speculates that Mitt Romney may have not paid any taxes at some time. (See http://www.huffingtonpost.com/2012/08/09/obama-ad-mittromney-taxes_n_1761784.html) On the issue of taxes, during a White House briefing, presidential candidate Barack Obama has stated to be president, your life is an open book and you play by the same set of rules. (See video at the bottom of link at http://www.huffingtonpost.com/2012/08/22/harry-reidromney-taxes_n_1821491.html) In response to the allegations, Mitt Romney has released only his 2011 and 2010 taxes for a tax rate of 15.3 and 13.9 percent respectively. (See http://www.washingtonpost.com/politics/mitt-romney-releases-taxreturns/2012/01/23/gIQAj5bUMQ_story.html) In his book The Audacity of Hope, Barack Obama stated in 2000, his finances deteriorated to where his credit card was rejected. However, on his 2000 tax return, both Barack

Lawsuit RomneyObama- 9

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

and Michele Obama had an income of over $200,000.00. (See http://citizenwells.wordpress.com/tag/obama-2000-tax-return-raises-questions/) Based on the Obamas 2000 tax return and Barack Obamas statements made in The Audacity of Hope, questions on the fiscal responsibilities and judgments of Barack Obama are in question and can only be answered through an examination of tax returns. In determining whether to compel discovery of tax returns, the court may apply a two prong test: (1) the tax returns must be relevant to the subject matter of the action, and (2) a compelling need must exist because the information is not readily obtainable from a less intrusive source. Sadofsky v. Fiesta Prods., LLC, 252 F.R.D. 143, 149 (E.D.N.Y.2008) (citations omitted). However, the Sixth Circuit has not adopted such a standard or test. DeMarco v. C & L Masonry, 891 F.2d 1236, 1240 (6th Cir.1998) (holding that tax returns are not confidential in the legal sense and stating that tax returns and other financial information enjoy no special privilege from disclosure); see also EEOC v. SCI Tenn. Funeral Servs., Inc., No. 05-2718, at *5-7 (W.D. Tenn. June 30, 2006); Medtronic Sofamor Daneck, Inc. v. Michelson, No. 01-2373, at 9-10 (W.D. Tenn. Oct. 25, 2002). Given both of the Defendants are running for the highest public office, the ruling from the Sixth Circuit should apply to the disclosure of the Defendants tax returns.

3. The Controversy Over School Records and Discovery of School Records It has been reported that Barack Obama has spent millions of dollars on keeping his records from public view. And there has been the allegation made that Barack Obama attended the U.S. education system as a foreign exchange student to receive financial aid has been made. (See http://www.cnbc.com/id/48545430/Trump_Now_Taking_Aim_at_Obama_s_Collegiate_Backgr ound) It is known that Barack Obama attended a private school in Indonesia and was registered in the school as Barry Soetoro and as an Indonesian citizen. After attending the St. Francis of

Lawsuit RomneyObama- 10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Assisi Catholic School, Barack Obama attended the SD Besuki Primary Public School in Indonesia. In Dreams of my Father, Barack Obama wrote that he attended a Muslim school According to the Indonesian Constitution, at the time when Barack Obama attended school in Indonesia, Article 26 states:

(1) Citizens shall consist of indigenous Indonesian peoples and persons of foreign origin who have been legalised as citizens in accordance with law. (2) Residents shall consist of Indonesian citizens and foreign nationals living in Indonesia. (3) Matters concerning citizens and residents shall be regulated by law.

The Indonesian Constitution Article 31 states:

Article 31 (1) Every citizen has the right to receive education. (2) Every citizen has the obligation to undertake basic education, and the government has the obligation to fund this.(3) The government shall manage and organise one system of national education, which shall increase the level of spiritual belief, devoutness and moral character in the context of developing the life of the nation and shall be regulated by law. (See http://www.embassyofindonesia.org/about/pdf/IndonesianConstitution.pdf)

Given Indonesia did not recognize a dual citizenship until 2004, the Hague convention and U.S. law would apply in Barack Obamas history. (See Chapter V http://www.unhcr.org/refworld/publisher,LON,,,3ae6b3b00,0.html and also Memorandum on Nationality, including Statelessness: Document A/CN.4/67, Prepared by Ivan S Kerno, International Law Commission, United Nations General Assembly, 6th April 1953 and http://www.oyez.org/cases/1960-1969/1966/1966_456) In 1971, Barack Obama returned to Honolulu Hawaii and with the aid of a scholarship, he attended the Punahou School from fifth grade until his graduation from high school in 1979.

Lawsuit RomneyObama- 11

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Barack Obama has not released his Punahou School records. (See http://en.wikipedia.org/wiki/Punahou_School) In 1979, Barack Obama attended Occidental college; was known as Barry. (See http://www.nytimes.com/2008/02/09/us/politics/09obama.html?pagewanted=all&_moc.semityn) It is alleged through an affidavit that Barack Obama was a foreign student while he attended college. (See affidavit of Allen Hulton Dated 12th November 2011http://www.scribd.com/doc/86014395/Allen-Hulton-Sworn-Affidavit-Ayers-Family-and-Obamathe-Foreign-Student-Sheriff-Joe-Investigation-2012) Barack Obama has not released his Occidental college records. (See http://2012election.procon.org/sourcefiles/obama-FAQs-occidental-college.pdf ) In 1981, Barack Obama traveled to Pakistan and India. After returning three weeks later, he transferred from Occidental college to Columbia University. After attending Columbia University, Barack Obama attended Harvard Law School in 1988 and graduated in 1991. Barack Obama has not released his Columbia University and Harvard Law school records. (See http://en.wikipedia.org/wiki/Barack_Obama) According to Indonesian Law and U.S. Law, Barack Obama was not able to hold a dual citizenship, thus should not have held a foreign passport or claim to have had a foreign citizenship. As for school records for Mitt Romney, The Boston Globe published a copy of Mitt Romneys high school report card. (See http://www.huffingtonpost.com/2012/08/06/mittromney-report-card_n_1748140.html). These are the only school records made public of Mitt Romney. Even though there seems to be nothing of controversy with the education of Mitt Romney, parity in law would require that both Defendants release their school records. When seeking disclosure of school records, the Family Education Rights and Privacy Act (FERPA) requires parental consent in releasing school records of a minor child. Once the child reaches the age 18, then the Act shifts the consent to the student who has reached the legal age. (See https://www.privacyrights.org/fs/fs29-education.htm#2)

Lawsuit RomneyObama- 12

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Arguably, both presidential candidates as applicants for high government positions expose their private lives to public scrutiny and their school records should be part of that scrutiny. (citing International Association of Fire Fighters, Local 1264 v. Municipality of Anchorage and Anchorage Daily News, 973 P.2d 1132, 1136 (Alaska 1999) See, also e.g. Bauer v. Kincaid, 759 F. Supp. 575, 589 (W.D. Mo. 1991) (FERPA is not a law which prohibits disclosure of educational records. It is a provision which imposes a penalty for the disclosure of educational records.). However, other courts have interpreted FERPAs provisions as having a binding effect on state law. See, e.g., DTH Publg Corp. v. University of N.C. at Chapel Hill, 496 S.E. 2d 8, 12 (N.C. Ct. App. 1998) (Although FERPA does not require UNC to do anything, we hold FERPA does make student educational records privileged or confidential for [open meeting law ]purposes.). The Free Application for Federal Student Aid (FAFSA) falls in a different category than FERPA. (See Falsifying Applications for Student Loans Could Bring Big Trouble http://www.articlesbase.com/college-and-university-articles/falsifying-applications-for-studentloans-could-bring-big-trouble-3287524.html) Typically, under FASFA students and parents should be aware that their signatures on the FAFSA and other financial aid documents (i.e. loan applications) authorize the release of their information to certain federal and state agencies. (See http://www.camdencc.edu/financialaid/confidentialityFERPAandfraudpolicy.cfm) The answer to the above allegations and questions can be answered through a complete examination of Barack Obamas education records and possibly passport information. Accordingly, the controversy surrounding Barack Obama involves a possible case of fraud by Barack Obama if he claimed to be a foreign student when applying for financial aid. (See paragraph 5 (h) http://www.fafsa.ed.gov/privacynotice.htm and also http://www.oxy.edu/admission-aid/financial-aid/international-students) It is clear the law precludes Barack Obama from arguing a case of confidentiality.

Lawsuit RomneyObama- 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

4. The Controversy Over the Health of the Defendants and Discovery of Medical Records In presidential races, arguably Senator John McCain set the bar on releasing personal medical records. According to an article published by PBS News Hour, Senator McCain during the 2008 presidential campaign, released over 1100 pages of his medical records. (See http://www.pbs.org/newshour/vote2008/blog/2008/05/healthy_mccain_releases_medica.html) Mitt Romney has publicly made available a summary medical report that states, Romney has hyperlipidemia (too much fat in his blood) and an enlarged prostate. He is allergic to penicillin. He takes the cholesterol-lowering medication Lipitor and low-dose aspirin daily. (See http://www.washingtonpost.com/blogs/election-2012/wp/2012/09/21/paul-ryan-and-mittromney-release-medical-records/) According to Barack Obama, he wrote in his book Dreams of my Father, how he smoked pot, drank booze, used cocaine and was part of the Choom Gang while going to high school. (See http://abcnews.go.com/blogs/politics/2012/05/obama-and-his-pot-smoking-choom-gang/ and also http://articles.boston.com/2007-11-21/news/29233371_1_barack-obama-educationplan-campaign-trail) In an Affidavit submitted by Larry Sinclair, he stated that Barack Obama used cocaine in 1999. (See affidavit of Larry Sinclair http://www.audacityofhypocrisy.com/wpcontent/uploads/2008/04/larry-sinclair-affidavit.pdf) There is a question on how Barack Obamas prolonged use of cocaine has affected the medical health of Barack Obama. And also the health of Mitt Romney is in question based on his medical summary. The public should have the ability to formulate a reasoned opinion on the health of Barack Obama and Mitt Romney based on their own opinion through the examination of Barack Obama and Mitt Romneys medical history. In obtaining medical records and information, a covered entity that is not party to a litigation can release medical information of a person involved in a lawsuit. (See http://www.hhs.gov/ocr/privacy/hipaa/faq/judicial_and_administrative_proceedings/711.html)

Lawsuit RomneyObama- 14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

CONCLUSION

The importance of the presidential election and the power held by the office of the president requires that a complete disclosure of the above requested records be granted. This instant case follows the spirit of Barack Obamas comments that if you want to run for president, your life is an open book. The various media outlets in some cases, are reporting on accusations as if they are facts, but the political arguments distort the facts. It is incumbent the judiciary to act as a referee in this endeavor to seek out what the facts are and put an end to the political arguments that distort the facts. Because, An informed citizenry is the only true repository of the public will Thomas Jefferson Dated this ____ day of October, 2012

____________________ ____________________ Thomas A. Lamb

CERTIFICATE OF SERVICE The undersigned certifies that on this date, I caused a copy of the foregoing to be served by certified First Class mail to the following parties known address: Obama for America P.O. Box 803638 Chicago, Il 60680 Romney for President P.O. Box 149756 Boston, Ma 02114-9756

Lawsuit RomneyObama- 15