declaratory judgment is proper pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C.§ 552(a)(4)(B), and through a civil rights action pursuant to 42 U.S.C. §§ 1983, 1988. First Am.Compl. (“Compl.”) ¶ 60, July 14, 2009. Plaintiffs’ Complaint sets forth ten questions for whichthey request declaratory judgment pursuant to 28 U.S.C. §§ 2201-2202.
. ¶¶ 11-21. Thequestions all relate to the meaning of the Constitution’s natural born citizen clause and theappropriate recourse should a sitting president not meet the “natural born citizen” requirement.Plaintiffs frame these questions as seeking “an answer to the simple question of constitutionalqualifications . . . [and seeking] a declaratory judgment confirming their fundamental civil orconstitutional right to ask and know the constitutional qualifications of any person elected orappointed to public office in the United States of America.”
Beyond this “simplequestion,” however, Plaintiffs make a significantly more expansive request. Plaintiffs seek “injunctive relief against all four office-holding defendants [the President, Secretary of State,Secretary of Defense, and Vice President] to limit their powers to order new deployments orassignments of any armed forces of the United States outside of the territorial limits of theUnited States without express Congressional approval, and further to limit the execution of certain orders of the President of the United States relating to the conduct of foreign policy byand through the use of currently deployed and assigned military force, as well as theappointment of judges or justices and the ratification or modification of treaties during thependency of this lawsuit until and unless Defendant Barack Hussein Obama’s constitutionalqualifications are established in this court by clear-and-convincing evidence.”
3:13-22. Inother words, Plaintiffs do not propose succession by Vice President Biden but instead seek acomplete shutdown of the government by enjoining it from acting while holding a newpresidential election.Plaintiffs also request that the Court order the production of documents pursuant to FOIA.
60-109. Plaintiffs further allege a violation of civil rights pursuant to 42 U.S.C. §§ 1983,1988(a).
110-122. Finally, Plaintiffs make a request for a writ
, in whichPlaintiffs state, “This Court has the power to order Barack Hussein Obama to appear and toshow cause all the relief sought by this complaint should not be upheld (or entered) against
Case 8:09-cv-00082-DOC-AN Document 89 Filed 10/29/2009 Page 3 of 30