o 09-5080

Consolidating No. 09-5161

IN THE UNITED STATES COURT OF APPEALSFOR THE DISTRICT OF COLUMBIA CIRCUIT

GREGORY S. HOLLISTER, et al. Case Below 08-2254 JR Appellants,v.Barry Soetoro, in his capacity as a natural person; de facto President in posse; and asde jure President in posse , also known asBarack Obama, et al.Appellees.

APPELLATS JOIT BRIEF

John D. HemenwayD.C. Bar No. 379663Attorney for Appellants4816 Rodman Street, N.W.Washington, D.C. 20016(202) 244-4819 johndhemenway@comcast.net

Case: 09-5080 Document: 1216986 Filed: 11/20/2009 Page: 1

TABLE OF CONTENTSI. JURISDICTIONAL STATEMENT 1A. The Basis for the District Court’s Subject Matter Jurisdiction 1B. The Basis for Court of Appeals Jurisdiction 1C. Filing Dates 2D. Assertion 2II. Issues Presented for Review 2III. Statement of the Case 5IV. Statement of Facts 13V. SUMMARY OF ARGUMENT 14VI. ARGUMENT 15A. STANDARD OF REVIEW 15B.

DE FACTO

AND

DE JURE

THE TIMELINESS OF THEPRESENT COMPLAINT: THE UNCONSTITUTIONAL ELECTIONPREVENTS RECOGNITION OF THE AUTHORITY TO COMMAND 17C.

THE CLEAR LANGUAGE OF THE WORD “OBLIGATION” INTHE STATUTE, WHICH IS IN THE DISJUNCTIVE 19D. THE RECOGNIZED AND WELL DEVELOPED LAW OF THE“INTANGIBLE RIGHT OF HONEST SERVICES” TO WHICH CITIZENSARE ENTITLED FROM ELECTED OFFICEHOLDERS AS PART OF THELATTER’S FIDUCIARY RESPONSIBILITIES 25E.

ERROR OF THE LOWER COURT CONCERNING THE LACK OFREALITY IN THE POSSIBILITY THAT PLAINTIFF HOLLISTER, AS AMEMBER OF THE INDIVIDUAL READY RESERVE, MIGHT BE RECALLEDTO SERVE; IT IS NOT “SPECULATIVE” 28

Case: 09-5080 Document: 1216986 Filed: 11/20/2009 Page: 1

OF BIAS AND THE ISSUES PRESENTED CONCERNING IT 30G.

OF BIAS AND RULE 11 34H.

THE FAILURE TO EVEN CONSIDER THE AMENDED COMPLAINT 36I UNDER THE CIRCUMSTANCES A HEARING SHOULDHAVE BEEN HELD 38 j.

THE REFUSAL TO ACCEPT THE DEPOSIT INTO ESCROW 39K OF BLOGGING AND TWITTERING 39L.

FURTHER OF LACK OF IMMEDIACY AND “SPECULATION” 40VI. CONCLUSION: RELIEF SOUGHT 40CERTIFICATION OF COMPLIANCE WITH RULE 32(a) 41CERTIFICATE OF SERVICE 41