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MEMORANDUM of COMPLAINT of ELECTION FRAUD against HOWARD DEAN,

(former) CHAIR, DNC SERVICES CORPORATION (“DNC”); and JOSEPH E.


SANDLER, (former) DNC GENERAL COUNSEL; and THE HONORABLE NANCY
PELOSI, ACTING in a NON-GOVERNMENTAL ROLE as CHAIR, 2008 DNC
CONVENTION; and ALICE TRAVIS GERMOND, SECRETARY, DNC; and REQUEST
for INVESTIGATION by MARYLAND ATTORNEY GENERAL

To: Douglas F. Gansler, Maryland Attorney General


VIA FAX: 410.576.6404
From:

Subject: Complaint of Election Fraud against Howard Dean, (former) Chair,


DNC Services Corporation (“DNC”); and Joseph E. Sandler,
(former) DNC General Counsel; and The Honorable Nancy Pelosi,
Acting in a Non-Governmental Role as Chair, 2008 DNC
Convention; and Alice Travis Germond, Secretary, DNC; and
Request for Investigation by Maryland Attorney General
Date: March 5, 2010
Copies: Howard Dean, DNC Services Corp.
Joseph E. Sandler, Sandler, Reiff & Young, P.C.
The Honorable Nancy Pelosi, Speaker of the U.S. House of
Representatives
Alice Travis Germond, DNC
Maryland State Board of Elections

PURPOSE OF CONTACT

This is a formal complaint of election fraud against Howard Dean, (former) Chair of the
DNC Services Corporation (“DNC”); and (former) DNC General Counsel Joseph E.
Sandler; and The Honorable Nancy Pelosi, Speaker of the U.S. House of
Representatives acting in the non-governmental role of Chair, 2008 DNC Convention;
and Alice Travis Germond, Secretary, DNC; and request for investigation by the Office
of Attorney General of Maryland.

Specifically, under Maryland law, in order to have state election officials print the name
of any candidate on our primary or general election ballots, s/he must be qualified for
the job. Under Article II, Section 1, of the U.S. Constitution, the President of the United
States (“POTUS”) must be a Natural Born Citizen (“NBC”). To get Barack Obama‟s
name on the general election ballot, Mr. Sandler, acting in concert with and/or under the
direction of Mr. Dean and/or Ms. Pelosi formally submitted to the Board of Elections the
Official DNC Certificate of Nomination signed by Mmes Pelosi and Germond swearing
Mr. Obama was “duly nominated” as the candidate for POTUS for the Democratic Party
and had met the legal qualifications for the job. However, overwhelming circumstantial
evidence points to the fact at the time they signed and forwarded this Certification, none
MEMORANDUM of COMPLAINT of ELECTION FRAUD against HOWARD DEAN, JOSEPH SANDLER,
NANCY PELOSI, and ALICE GERMOND
March 5, 2010
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of them could have ascertained Mr. Obama is a NBC. And in Maryland, swearing to
election officials he is a NBC without ascertaining he is, in order to secure a place on
the ballot, constitutes election fraud.

Citizens from several states, concerned that members of the Democratic Party had
submitted to their state election officials these unauthenticated Certificates of
Nomination, contacted the DNC requesting to see the documentation on which they had
based this Certification. Ms. Pelosi ignored all such requests. Mr. Sandler, claiming he
was responding to requests that were directed to Ms. Germond, said, “The Democratic
National Committee is not a state agency subject to the open records or freedom of
information statutes of any state.” http://jbjd.wordpress.com/2009/09/20/the-cheese-
stands-alone/ And based on the fact, no law required him to produce the requested
documentation; he chose not to produce this documentation.

Such display of hubris by members of any political party confronted by citizens


concerned as to the legitimacy of the electoral process cannot be tolerated in our
Constitutional Republic.

Candidates representing the DNC Services Corporation may not participate in the
election process carried out in the state of Maryland on behalf of the citizens of
this state unless they obey our rules. And if our state law is to operate as anything
more than form with no function, the state must now compel this political party to
produce the evidence that was the basis for its Certification to Maryland election officials
that Barack Obama, the party‟s nominee for President, satisfied those laws requiring the
candidate to be qualified for the job. Absent such evidence, it appears that by Certifying
such qualification, Mmes Pelosi and Germond; and Messrs Dean and Sandler have
perpetrated election fraud on the citizens of Maryland.

WHEREFORE, I request an immediate investigation by the Attorney General of


Maryland.

(Note: This Complaint takes no position on whether Mr. Obama is a NBC.)

RATIONALE

1. Under Maryland Code Election Law, Title 5, Candidates, Subtitle 1, General


Provisions, §5-101, In General, (b) Compliance required, “An individual's
name may not be placed on the ballot and submitted to the voters at an
election unless the individual complies with the requirements of this title.”
Under Subtitle 2, Qualifications, §5-201, “An individual may become a
candidate for a public … office only if the individual satisfied the
qualifications for that office established by law…” Article II, section 1 of
the U.S. Constitution requires the POTUS must be a Natural Born Citizen.
MEMORANDUM of COMPLAINT of ELECTION FRAUD against HOWARD DEAN, JOSEPH SANDLER,
NANCY PELOSI, and ALICE GERMOND
March 5, 2010
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Thus, in order to satisfy federal requirements for POTUS that would entitle Mr.
Obama‟s name to be printed on the Maryland general election ballot, he must be
a NBC.

2. In a letter dated August 28, 2008 Joseph Sandler, then General Counsel of
the DNC, in concert with and/or under the direction of Mr. Dean submitted
to Maryland election officials the Certification of Nomination signed by The
Honorable Nancy Pelosi, chosen by Mr. Dean to be the Chair of the 2008
DNC Convention,* and Alice Germond, Secretary of the DNC, verifying Mr.
Obama is the Democratic candidate for POTUS and is qualified for the job,
to get those officials to print his name on the general election ballot.

The rules of the Democratic National Committee require the nominee must be
qualified under the U.S. Constitution.
http://s3.amazonaws.com/apache.3cdn.net/3e5b3bfa1c1718d07f_6rm6bhyc4.pdf
(p.14, K.1 and 2). Article II, section 1 of the U.S. Constitution requires that the
POTUS must be a Natural Born Citizen. Thus, Certifying Barack Obama has
been duly nominated as the D party candidate for POTUS was tantamount to
verifying, he is Constitutionally qualified for the job, which means, he is a NBC.

State lawmakers failed to enact legislation that would require any state actor to
check on the nominee‟s qualifications. And they expressly excluded from
appearing on the ballot any candidate not qualified for the office sought. Thus,
the express meaning of legislation requiring candidate qualification is clear: if the
party gives us the name of its nominee for POTUS to be printed on the general
election ballot then, we must assume the party has previously determined this
person is Constitutionally qualified for the job.

(Note: Hawaii Revised Statutes §11-113 requires the party to Certify their
nominee is Constitutionally qualified for the job, to get his name on the ballot. So
the DNC added this line to the Certification of Nomination submitted to election
officials in that state: Barack Obama is “legally qualified to serve under the
provisions of the United States Constitution.”
http://jbjd.wordpress.com/2009/08/13/if-drowning-out-opposing-facts-is-un-
american-then-ignoring-unpleasant-facts-must-be-un-american-too/)
*http://jbjd.wordpress.com/2009/08/28/never-less-than-a-treason-2-of-2/

3. Mmes Pelosi and Germond; and Messrs Dean and Sandler could not have
ascertained Barack Obama is a NBC at any time prior to August 28, 2008,
the date on the letter accompanying the Official DNC Certification of
Nomination submitted to Maryland election officials verifying he was a
qualified candidate given the fact at this same time, he insisted the
evidence proffered to establish his Constitutional qualification for POTUS
“prove[d]” he is only a “native citizen” but not a NBC.
MEMORANDUM of COMPLAINT of ELECTION FRAUD against HOWARD DEAN, JOSEPH SANDLER,
NANCY PELOSI, and ALICE GERMOND
March 5, 2010
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Explicitly acknowledging public doubts whether he is a NBC, in June 2008 Mr.


Obama created and paid for a web site entitled, “Fight the Smears” (“FTS”), on
which he posted a photocopy of a document entitled, “Certification of Live Birth”
(“COLB”) from the State of HI. http://fightthesmears.com/articles/5/birthcertificate
Mr. Obama proclaimed this photocopied Certification proves he is a “native
citizen of the United States of America.” (While the actual title that appears
within the document identifies this is a “Certification,” Mr. Obama wrote
underneath the image, this is his “Official Birth Certificate.”)

(Note: While the text of FTS pertaining to Mr. Obama‟s qualification for POTUS
remains the same, the footer of the page changes. In the original version, the
footer read, “Paid for by Barack Obama 2008.” Subsequently, the footer was
altered to read, “Paid for by Obama for America”; which was then changed to
read, “Paid for by Organizing for America, a Project of the Democratic National
Committee.” This remains its current iteration. Also, at various times, the site
address appeared as either a .com or, a .org.)

4. Mmes Pelosi and Germond; and Messrs Dean and Sandler could not have
ascertained Barack Obama is a NBC prior to August 28, 2008, the date the
Official DNC Certification of Nomination was submitted to Maryland
elections officials verifying he was a NBC based on that internet COLB
given the fact that 4 (four) months later, in January 2009, Defendant Obama
repeated in pleadings he submitted to the federal court, the best evidence
he was born in HI is the original document of that FTS COLB; yet he failed
to submit this „original‟ COLB to the Clerk of the Court to be marked up as
evidence and made a part of the official court record.

In January 2009, Mr. Obama was the named Defendant in a case filed in federal
district court, ostensibly seeking to determine whether the Uniform Code of
Military Justice required a military Plaintiff to obey orders from a Commander in
Chief he was not certain was a NBC. (Pleadings for Hollister v. Soetoro, Civil
Action No. 1:08-cv-02254-JR, can be found on line at
http://jbjd.wordpress.com/2009/08/09/rumors-lies-and-unsubstantiated-facts/.)
Mr. Obama submitted a Motion to Dismiss predicated on Plaintiff‟s failure to
establish the Court's jurisdiction; and to state a claim upon which relief can be
granted. ((The Defendant was represented by Attorney Robert F. Bauer of
PERKINS COIE LLP, who signed the pleadings submitted to the court on his
client‟s behalf.) Additionally, Mr. Obama asked the court to take judicial notice of
the following „fact‟: he had publicly produced a certified copy of a birth certificate
showing that he was born on August 4, 1961, in Honolulu, Hawaii. (Presumably,
he used the phrase “publicly produced” referring to the fact, he posted that
photocopied COLB on his FTS web site.) Yet he did not provide the court with
the „original‟ COLB so the Clerk could mark up the document as evidence and
place it in the case record (where it would be subject to scrutiny by the Plaintiff or
MEMORANDUM of COMPLAINT of ELECTION FRAUD against HOWARD DEAN, JOSEPH SANDLER,
NANCY PELOSI, and ALICE GERMOND
March 5, 2010
Page 5 of 6

the judge‟s in-camera inspection). Instead, he tried to authenticate that internet


COLB just by asking the court to take “notice” that Annenberg Political Fact
Check (“APFC”) “conclude[d] that the birth certificate is genuine.”
http://jbjd.wordpress.com/2009/08/09/rumors-lies-and-unsubstantiated-facts/
(APFC is one of many such organizations wholly funded by the Annenberg
Foundation, which also paid his salary as Chair of the Chicago Annenberg
Challenge from 1995-1999.) (And recall he wrote on FTS, this COLB only
establishes he is a “native citizen,” anyway.)

Given the fact that 2008 DNC Convention Chair Pelosi is also the Speaker of the
U.S. House of Representatives, making her 3rd in line of Presidential succession,
with all of the gravitas incorporated therein, it defies credulity that Mr. Obama
would seek judicial notice of the lesser fact he is a native citing APFC says he is;
but not offer into evidence the DNC Official Certification of Nomination Ms. Pelosi
submitted to election officials in the state of HI, swearing Barack Obama is
“legally qualified to serve under the provisions of the United States Constitution,”
or any one of the dozens of her signed Certifications, which persuaded election
officials throughout the country to print the name of Barack Obama next to the D
on the Presidential ballots in the 2008 general election.

Eschewing reliance on Ms. Pelosi‟s Certification, incredibly, Mr. Obama asked


the court to take judicial notice of this information: APFC “note[d] a
contemporaneous birth announcement published in a Honolulu newspaper.” In
fact, APFC had only posted on their web site an image of an unattributed
„newspaper announcement,‟ which phantom image they admitted they had
usurped from the “td” blog, where it was posted anonymously. (Note: the “td”
TexasDarlin blog site was closed by its owner in August 2009.) With no further
investigation into that „announcement,‟ APFC declared, “The evidence is clear:
Barack Obama was born in the U.S.A.” http://www.factcheck.org/elections-
2008/born_in_the_usa.html) Like APFC, Defendant Obama omitted the name of
this publication. And he failed to enter into the court record any physical
evidence of a newspaper announcement, making his claims there was such an
announcement, as with his claims the internet COLB was real, impossible to
verify, too.

5. Mmes Pelosi and Germond; and Messrs Dean and Sandler could not have
ascertained Barack Obama is a NBC prior to August 28, 2008, the date on
the Certification submitted to Maryland elections officials verifying he was
a NBC given the fact that as of August 2009, a year after submitting this
Certification, the DNC advertised Mr. Obama is a “native citizen” but not a
NBC.

A Google ad appearing on the internet in August 2009 asks this intriguing


question followed by the answer: “Where was Obama Born? The President was
MEMORANDUM of COMPLAINT of ELECTION FRAUD against HOWARD DEAN, JOSEPH SANDLER,
NANCY PELOSI, and ALICE GERMOND
March 5, 2010
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Born in Hawaii. Learn More! www.FightTheSmears.com .”


http://pages.suddenlink.net/tristanne/turks.png
Following the link provided in the ad takes you to a version of FTS which,
according to the attribution in the footer, is “Paid for by Organizing for America, a
Project of the Democratic National Committee.” Again, the FTS site only claims
Mr. Obama is a native, not a NBC. And, again, the web site displays the image
of that Certification which Mr. Obama had only described to the court thereby
eliminating the possibility of an „in-camera‟ inspection.

CONCLUSION

Maryland law requires candidates for public office whose names appear on any election
ballot must be qualified for the job. Officials of the Democratic Party Certified to
Maryland election officials Barack Obama was qualified for the job of POTUS, causing
these officials to print his name on the general election ballot. But the scant evidence
available in the public record at the time of this Certification failed to establish he is a
NBC (or even that he is a citizen). Citizens concerned the Democratic Party Certified
Mr. Obama‟s qualifications without verification asked the party to disclose the basis for
their Certification. The party said, „No.‟ Therefore, the AG must now intervene on the
citizens‟ behalf to investigate these charges of election fraud.

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