USCA-DCC: 12-5289 USA v. Barack Obama, et al (Strunk quo warranto ...

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Tuesday, November 5, 2013 10:36 AM

USCA-DCC: 12-5289 USA v. Barack Obama, et al (Strunk quo warranto case)
From: To: Cc:

"BIll Van Allen" <hvanallen@hvc.rr.com> "Christopher Earl Strunk" <CEStrunck@yahoo.com> "Dr. Orly Taitz Esq" <orly.taitz@gmail.com>

General Docket United States Court of Appeals for District of Columbia Circuit Court of Appeals Docket #: 12-5289 Nature of Suit: 2890 Other Statutory Actions USA v. Barack Obama, et al Appeal From: United States District Court for the District of Columbia Fee Status: Fee Paid Case Type Information: 1) Civil US 2) United States 3) Originating Court Information: District: 0090-1 : 1:10-cv-00486-RCL Trial Judge: Royce C. Lamberth, U.S. Senior District Judge Date Filed: 03/24/2010 Date Order/Judgment: Date NOA Filed: 08/17/2012 09/04/2012 04/02/2013 Lead: 1:10-cv-00486-RCL Docketed: 09/13/2012 Termed: 05/23/2013

PER CURIAM ORDER filed [1428475] denying motion ifp in this Court [1413246-2] [Case Number 12-5289: IFP Denied USCA]; directing party to file payment of docketing fee or appeal will be dismissed. APPELLANT payment of docketing fee due 05/02/2013. The Clerk is directed to mail this order to appellant by certified mail, return receipt requested and by 1st class mail. Before Judges: Garland, Tatel and Brown. [12-5289] FIRST CLASS MAIL SENT [1428484] of order [1428475-4] to appellant [12-5289] CERTIFIED MAIL SENT [1428485] with return receipt requested [Receipt No.7006 0810 0002 3722 4509] of order [1428475-4]. Certified Mail Receipt due 05/02/2013 from Christopher Earl Strunk. [12-5289] CLERK'S ORDER filed [1437733] considering Special Panel order of docketing fee payment [1428475-2], dismissing case for lack of prosecution, withholding issuance of the mandate. [12-5289] NOTICE [1440890] filed from Clerk, District Court for payment of docketing fee [Case Number 12-5289: Fee Paid] [12-5289] MANDATE ISSUED to Clerk, District Court [12-5289] MOTION filed [1451636] by Christopher Earl Strunk to recall mandate (Response to Motion served by mail due on 08/22/2013), to reopen case (Response to Motion served by mail due on 08/22/2013) [Service Date: 08/09/2013 by US Mail] Pages: 21-30. [12-5289] SUPPLEMENT [1454589] to motion to recall mandate [1451636-2] filed by Christopher Earl Strunk [Service Date: 08/29/2013 ] [12-5289] PER CURIAM ORDER filed [1461474] Upon consideration of the motion to recall the mandate (styled as "an affidavit in support [of] notice of motion to reconsider, stay and/or lift the mandate of August 1, 2013 and renew to calendar"), and the supplement thereto, it is ORDERED that the motion be denied. [1451636-2]; [1451636-3] Before Judges: Henderson, Griffith and Kavanaugh. [12-5289] MOTION filed [1464059] by Christopher Earl Strunk to reconsider order [1461474-2] styled as "...appellant's...emergency motion to reargue en banc the 10/16/13 Per Curiam Order...." (Response to Motion served by mail due on 11/15/2013) [Service Date: 10/31/2013 by CM/ECF NDA] Pages: 21-30. [12-5289]

04/02/2013 04/02/2013 05/23/2013 06/12/2013 08/01/2013 08/12/2013

08/30/2013 10/16/2013

10/30/2013

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11/5/2013 6:51 PM

UNITED STATES COURT of APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT -------------------------------------------------------------x Christopher-Earl: Strunk, United States ex rel. 593 Vanderbilt Avenue - #281 Brooklyn., New York 11238 (845) 901-6767 Email: chris@strunk.ws Plaintiff, Appellant v. Barack Hussein Obama II (a.k.a. Barry Soetoro) Obama for America, Obama Victory Fund, Federal Election Commission, (FEC), U.S. Department of Homeland Security (DHS) U.S. Department of Treasury (DOT) and John and Jan Doe(s); XYZ Entities Defendants. Appellees -------------------------------------------------------------x Ex Relator Appellant’s Agent Declaration In Support Of Emergency Motion to reargue en banc the October 16, 2013 Per Curiam Order of Circuit Judges Henderson, Griffith, and Kavanaugh, in the Motion to lift the Mandate issued August 1, 2013 in the Appeal 12-5289. I, Christopher Earl Strunk © in esse and sui juris, the sole secured beneficiary and Agent of the debtor trust organization CHRISTOPHER EARL STRUNK, (Appellant Agent) being duly sworn, depose and say under penalty of perjury, pursuant to 28 U.S.C. §1746 as follows: 1. That pursuant to the caption Appellant Agent seeks to reargue en banc (under FACP Rule 35 and local rules) the October 16, 2013 Per Curiam 1 Appeal Case No: 12-5289

Civil Action: 10-cv-00486 (RCL)

ORDER of Circuit Judges Henderson, Griffith, and Kavanaugh, in the Motion to lift the Mandate issued August 1, 2013 in the Appeal 12-5289, see the Exhibit A, taken from the order to dismiss as frivolous by then Chief District Judge Lamberth in Strunk v Obama et al DCD 10-cv-00486; and 2. That the ORDER is without any specificity as to what is a frivolous argument as if I were merely choosing from the menu between soup or salad before the entrée the Court alleges quote: “Moreover, in light of the frivolous arguments appellant makes in his motion to recall the mandate, which underscore the lack of merit in his underlying claim as well as In his appeal, a recall of the mandate would serve no purpose and be "an empty exercise or a futile gesture." Cf. Murray v, District of Columbia, 52 F.3d 353. 355 pic. Cir. 1995) (no abuse of discretion in denying reconsideration where movant fails to demonstrate "a potentially meritorious claim or defense").” 3. As such, the Motion to lift the Mandate follows the ORDER in exhibit, and Appellant asks for the em banc panel to specify what in particular is frivolous so that were the Supreme Court to hear my appeal from the ORDER that there would be something in writing with specificity. 4. Further Appellant wishes for the em banc panel to specify in particular why is the motion, Quo Warranto petition and Qui Tam complaint "an empty exercise or a futile gesture."

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5. Further Appellant wishes for the em banc panel to specify in particular where movant fails to demonstrate "a potentially meritorious claim or defense" in his the motion, Quo Warranto petition and Qui Tam complaint. 6. That this motion as to a writ to extend jurisdiction to hear this case with a matter of first impression that is entirely novel in the history of the United States of America, coincides with my motion to rehear em banc the Per Curium Order of Chief Judge Garland, and Henderson and Brown in the Original Proceeding 13-5005 for writ of mandamus among other relief including a declaratory judgment on the constitutional issues raised inter alia involving the Court’s plenary power to define the actual meaning for use of the 12th , 14th and 17th Amendments and Article 2 Section 1 Clause 5 as to the meaning of “natural-born Citizen” under the United States Constitution as then would be used by the New York State Courts, and among other states / courts, and the Congress as to its plenary duties both as to the 25th Amendment and the current requirement to order the various governors of the respective states for the conduct of elections for National Offices in the Executive and US Senate per se under the respective provisions of the 12th and 17th Amendments; and 7. That Appellant Agent requests that this court hear both motion to

rehear em banc together. 8. That for the record under the FRAP Rule 35 with the time frame to 3

reargue en banc be set by FRAP Rule 40 (within 45 days from October 16,

2013) suspension of rules under FRAP Rule 2 to include oral argument.
9.

That in Summary in Support of En Banc to Reargue, Appellant Agent

respectfully wishes a declaratory judgment on 'natural born Citizen" be
applied herein with jurisdiction extended from the Writ now before the Court

in 13-5005-OP, and that a writ of mandamus applies nunc pro tunc to the
duties of the state of New York and U.S. Senate as applies for use of the

12' 14'h I 7'5and 2 5 amendments ~ along with other and different relief that this em banc Court deems applies.
Respectfully submitted by: Dated: Brooklyn, New York October ,2013

$

American Freeman Agent of the debtor trust organization CHRISTOPHER EARL STRUNK Private Citizen of the United States of America Private Citizen of the state of New York Private Resident of the County of Kings All Rights Reserved 593 Vanderbilt Avenue -281 Brooklyn, New York 11238 Phone 845-901-6767 Email: chris@strunk.ws
Cc: R. Craig Lawrence U.S. Attorney's Office (USA) Civil Division 555 4th Street, NW Washington, DC 20530
Edc M. Thorson Inspector General for the US. Department of Treasury 1500 Pennsylvania Avenue N.W. Washington, DC 20220

September Term, 2013
I: I 0-CV-00486-RCL Filed On: October 16,2013

United States ex rel. Christopher Earl Strunk,
Appellant
'

Barack Hussein Obama, also known as Barry Soetoro, et al.,

Appellees

BEFORE:

Henderson, Griffith, and Kavanaugh, Circuit Judges

ORDER
Upon consideration of the motion to recall the mandate (styled as "an affidavit in support [of] notice of motion to reconsider. stay and/or lift the mandate of August A , 2013 and renew to calendar"), and the supplement thereto, it is ORDERED that the motion be denied. The court's order filed April 2, 2013, required appellant to pay the full docketing and filing fees within 30 days, or by May 2, 2013. Because the payment was not made until June 12, it was untimely. As such, the appeal was appropriately dismissed for lack of prosecuiian. Moreover, in light of the - . frivolous arguments appdlant makes inhis motion to recall the mandate, which underscore the lack of merit in his underlying claim as well as In his appeal, a recall of the mandate would serve no purpose and be "an empty exercise or a futile gesture." Cf. Murray v, District of Columbia, 52 F.3d 353. 355 pic. Cir. 1995)(no abuse of discretion in denying reconsideration where movant fails to demonstrate "a potentially meritorious claim or defense").
Per Curiam

--

UNITED STATES COURT of APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT -------------------------------------------------------------x Christopher-Earl: Strunk, United States ex rel. 593 Vanderbilt Avenue - #281 Brooklyn., New York 11238 (845) 901-6767 Email: chris@strunk.ws Plaintiff, Appellant v. Barack Hussein Obama II (a.k.a. Barry Soetoro) Obama for America, Obama Victory Fund, Federal Election Commission, (FEC), U.S. Department of Homeland Security (DHS) U.S. Department of Treasury (DOT) and John and Jan Doe(s); XYZ Entities Defendants. Appellees -------------------------------------------------------------x EX RELATOR APPELLANT’S REPLY AFFIDAVIT IN SUPPORT NOTICE OF MOTION TO RECONSIDER, STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 AND RENEW TO CALENDAR
STATE OF NEW YORK COUNTY OF KINGS ) ) ss. )

Appeal Case No: 12-5289

Civil Action: 10-cv-00486 (RCL)

Accordingly, I, Christopher Earl Strunk in esse and sui juris, the sole secured beneficiary and Agent of the Business Trust debtor organization CHRISTOPHER EARL STRUNK, being duly sworn, depose and say under penalty of perjury:

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INTRODUCTION Absent an affirmative response by R. Craig Lawrence of U.S. Attorney's Office and or Eric M. Thorson Inspector General for the U.S. Department of Treasury ordered by the Court due by August 22, 2013, this is the Reply affidavit of EX RELATOR Christopher-Earl: Strunk in esse and sui juris Agent of business trust CHRISTOPHER EARL STRUNK, by SpecialAppearance (AFFIANT) in support of the EX RELATOR APPELLANT’S NOTICE OF MOTION TO RECONSIDER STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 from the order dismissing the appeal for lack of prosecution with DC Circuit Rule 38, with supporting affirmation of August 8, 2013 with ten exhibits annexed, in that based upon new transactions, payment of fee and change of the EX RELATOR Appellant’s status, that this appeal be ordered renewed to calendar by this Court to allow perfection of the appeal taken from the Quo Warranto, Qui Tam action with related causes in Case 10-cv-00486 in United States District Court for the District of Columbia ordered dismissed by Judge Royce C. Lamberth for this appeal case to be heard at the United States Courthouse, at 333 Constitution Avenue NW Washington District of Columbia, on the day and month in 2013, at a time and courtroom designated by the court, or as soon thereafter as counsel may be heard. 2

FACTS 1. That AFFIANT’s affirmation in support had provided for ten exhibits

annexed thereto, of which Exhibit 10 was missing the “Barack H. Obama” 2012 Form 1040 “U.S. Individual Income Tax Return” with Social Security numbers redacted, filed jointly with Michelle Obama and affirmed April 8, 2013 at the reverse page (as excerpted below), was omitted is herewith.

2.

To recap, that Christopher Earl Strunk in esse is the only Private

national U.S. Citizen to have duly fired the Usurper Barack Hussein Obama II in esse under Uniform Commercial Code on January 23, 2009 because by his own admission against interest as an exception to the hearsay rule that his legal father was a British subject when he was born, is not a “natural-born citizen” (NBC) according to the US Constitution Article 2 Section 1 Clause 5 (A2S1C5) mandate and related law, and is not eligible to serve as President and or with such conflict as the U.S. bankruptcy reorganization executive trustee established since the March 9, 1933 Presidential Proclamation when by operation of law all judicial and 3

administrative process is done by Military rather than civilian process; and that a copy of the firing document with notice of Replevin follow-up, on file in Ogden Utah, on November 9, 2009 was duly served upon then Secretary of the Treasury with authority of private accounts at the Treasury created by operation of securitizing the debtor birth certificate and bond issued by the Social Security Administration (see Exhibit 11); and as such, 3. That the Quo Warranto Complaint combined with the Qui Tam

claim with specific individual injuries delineated requires without any affirmative statutory response by the US Attorney either at district while the complaint was under seal or response herein, that by silence inures United States EX RELATOR status upon Christopher-Earl: Strunk to move forward with the Court obligated to report on the law as to the evidence of NBC A2S1C5 eligibility of Barack Hussein Obama II to hold the authority of the Office of President of the United States (POTUS) and all that that entails; specifically his executive trustee status under the Article 2 Section I Constitutional Oath as the ultimate fiduciary over the private trust accounts of all the public US Citizen Debtors whose natural Private US sureties are indentured, and whose funds and earnings with a double bookkeeping system are bundled in those trust accounts under the control and authority of the United States Secretary of Treasury as the Trustee / Receiver and as 4

securities intermediary for the creditors thereto, and that inures unclaimed
to the National Government upon the death of the surety indenture; and 4. Under the Military Law process that has existed since the

Proclamations of 1933 and 1950 with the annual re-declaration of National

Emergency repeated thereafter by the Respondent Usurper too, the duties
of the Commander –in-Chief associated with Article 2 section 2 personally imposes military process upon all statutory Public US Citizens and sureties. 5. That as a result of the Usurper’s annual declaration in continuation

of the National Emergency under his authority mandates, and without his Executive Orders overruled by Congress, the Emergency War Powers Courts for Public U.S. Citizens are IDENTICAL in their Process and Settings with the Martial Courts for Public U.S. Soldiers as we saw with LTC Terry Lakin, who challenged the Usurper’s authority to send him to Afghanistan, as retribution example to other commissioned officers (1) was

Military officer nominations are subject to confirmation by the Senate, largely in batch mode - and on a very regular basis - from the lowest commissioned officer in each branch of the Military through the highest - being offered on nomination by the President of the United States. http://www.presidential-appointments.org/military_appointments.htm
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Title 50 Section 12203 — Commissioned officers: appointment, how made; term (a) Appointments of reserve officers in commissioned grades above lieutenant colonel and commander or below, except commissioned warrant officer, shall be made by the President alone. Appointments of reserve officers in commissioned grades above lieutenant colonel and commander shall be made by the President, by and with the advice and consent of the Senate, except as provided in section 624, 12213, or 12214 of this title

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court marshaled, thrown in prison, stripped of his freedom, liberties, license to practice medicine, and his LTC commission from a prior administration without the civil due process approval of the US Senate; 6. LTC Lakin was outrageously denied civil due process in the US

Senate from Usurper’s act to strip his commission simply because he remained a private US Citizen surety for his Public Soldier US Citizen; and 7. That were LTC Terry Lakin to file notice of release without

consideration along with a notice of rescission of his Suretyship signatures NUNC PRO TUNC he would be entitled to U.S. Senate civil due process to recover that commission and remedy for the pain and penalties imposed by the Usurper as done without the advice and consent of the US Senate, especially President Joseph Biden for whom EX RELATOR speaks in this Quo Warranto action, relates directly to the sole beneficiary of segregated private creditor account dwindling under the executive trustee Usurper. 8. That in the matter of the comparison of Private and Public Status

to expand the historical perspective as applies to the provision of civil rather than military due process Eric Jon Phelps has affirmed his supportive affidavit in that regard (see Exhibit 12). 9. That the civil due process role of the US Senate under the

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separation of powers doctrine, beside their advise and consent duties, has been denied EX RELATOR herein both in the neglect of the 20th and 25th Amendment process even when the US Senate in 2008 was duly notified of their duty by CPT Pamela Barnett to review the Usurper’s eligibility qualifications as evidenced in the motion to reargue in the district court in August last year shows; and given that the US Senate with Mr. Obama had improperly attempted to redefine NBC in their non-binding Sense Resolution 511 of April 2008 using the law memorandum published for that purpose by Theodore Olsen and Lawrence Tribe in March 2008 (see Exhibit 13) to preempt and encroach upon the purview of this Court and its duty that must be done herein under separation of power doctrine. 10. That USC Title 11 Bankruptcy Code parlance relates to the

Executive Trustee duties associated with the 1933 United States Debt reorganization plan still ongoing with the dual bookkeeping system securitized by the indentured real property and labor of the sureties for the Public US Citizen and Public Soldier US Citizen . 11. Under Title 11 a “TRUSTEE” other than the US Trustee assigned

to any specific debt reorganization case, the Department of Justice definition published by the DOJ quote: “is the representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the 7

general supervision of the court and the direct supervision of the U.S. trustee or bankruptcy administrator. The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases. The trustee's responsibilities include reviewing the debtor's petition and schedules and bringing actions against creditors or the debtor to recover property of the bankruptcy estate. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors. Trustees in chapter 12 and 13 have similar duties to a chapter 7 trustee and the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.” 12. BARACK HUSSEIN OBAMA II with his surety indenture Barack

Hussein Obama II is the “private individual or corporation appointed” as POTUS Trustee for the United States Debt reorganization plan since 1933 who as the trustee through the appointment process employs those that shall NOT hold or represent an interest adverse to the estate creditor and or beneficiaries, and that are disinterested persons – sadly is not so. 13. That because neither the enactment of the 14th Amendment nor

the imposition of Military Rule by the continued emergency proclamations and or executive orders of this or any other President amend the definition and inherent meaning of the “natural-born Citizen” eligibility clause of the US Constitution A2S1C5, this issue of law is before this Court panel with the plenary duty under the separation of powers doctrine to report on the NBC meaning instead of that done by the Congress or the Executive – it must render a declaration under color of all related Supreme Court findings, 8

history and related law including the special circumstance under which we operate for this panel to consider the relevance of US Titles 11, 15, and 18 as relates to 11 USC § 107 - Public access to papers, USC § 702 Election of trustee, 11 USC § 704 - Duties of trustee, 11 USC § 1165 Protection of the public interest, 11 USC § 1202 – Trustee, 15 USC § 77jjj Eligibility and disqualification of trustee, and beyond just the pro-forma nature of the eligibility issue 18 USC § 154 as to adverse interest and conduct of officers as would apply herein. 14. That the Executive trustee shall not have a questionable:

• multi-citizenship conflict of interest with either the creditors or debtors to the estate that the Usurper admits to being a British Subject, is a professed Kenyan and is an Indonesian who has received foreign student funding from the Saudi Kingdom according to then attorney in the matter Percy Sutton Esq. of Manhattan (now deceased); • assumed name participation in the Northern Trust Securities referenced in his tax return Schedule B at page 6 shown in Exhibit 10, • impropriety in the nature of his “blind trust” because of his close dealing and ownership of securities interest in Mideast related Palestinian corporation(s) investments initiated with his associate benefactor Hungarian American George Soros, the dealings with his 9

fellow Indonesian James Riady of the Lippo Group and fellow Islamists much worse than close dealing fraud associated with the

Solyndra bankruptcy (2)
15. As such, the foregoing further substantiates my suspicion that the

Usurper’s dealings as the executive trustee “Fiduciary” (3) wreak of Conflict Of Interest , Quid Pro Quo , denial of Honest Services Fraud , lack of Prosecutorial Discretion as the chief law enforcement officer, willful acts

under “color of law” to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law, notorious Whistle Blower
Retaliation, and not least as now seen Revolving Door Regulation wherein
Solyndra, that new green dream darling of President Obama, files for Chapter 11. But, not until after getting over half a BILLION dollars in government backing for loans made by certain hedge funds. This means that certain hedge funds who actually made the loans will get the full amount of their half billion dollar investment back into their pockets and unfortunately instead it will be taxpayers suffering this extraordinary loss. 3 A fiduciary is a legal or ethical relationship of trust between two or more parties. Typically, a fiduciary prudently takes care of money for another person. One party, for example a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to the other one, who for example has entrusted funds to the fiduciary for safekeeping or investment. Likewise, asset managers--including managers of pension plans, endowments and other tax-exempt assets--are considered fiduciaries under applicable statutes and laws. In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance and trust in another whose aid, advice or protection is sought in some matter. In such a relation good conscience requires the fiduciary to act at all times for the sole benefit and interest of the one who trusts. A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. —Lord Millett, Bristol and West Building Society v Mothew A fiduciary duty is the highest standard of care at either equity or law. A fiduciary (abbreviation fid) is expected to be extremely loyal to the person to whom he owes the duty (the "principal"): he must not put his personal interests before the duty, and must not profit from his position as a fiduciary, unless the principal consents.
2

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he has given numerous waivers for inside dealing to foreign interests with executive positions to those unqualified exhibits extreme conflict of interest. 16. That once this Panel renders its declaration report on the facts as

to the underlying meaning of NBC, then such duty to provide civil process for the Usurper’s removal under the Constitution and especially the 25th Amendment falls upon the United States EX RELATOR’s client NBC President of the Senate, Joseph Biden, to assume the executive trustee fiduciary duties for AFFIANT’s sole beneficial interest in the segregated trust accounts now being invaded by the Usurper and his agents. 17. That once the US Senate has acted to provide the mandated civil

due process for EX RELATOR then the qui tam action must proceed as AFFIANT meets the requirements accordingly as a de jure Private US Citizen with specific particularity to injury with more than passing interest. 18. The Usurper as the Executive Trustee with Fiduciary duties is

subject to a certain measure of strict liability for failure to protect EX RELATOR’s sole beneficial interest in the segregated account(s) under the control of the Secretary of Treasury that is the issue raised before this Court with particularity of injury specific to EX RELATOR.

19. That EX RELATOR’s appeal brief will show this Court that District
Court erred in its dismissal as to standing in the Quo Warranto matter 11

requiring a declaratory judgment be reported for further civil due process in the US Senate as a matter of separation of powers doctrine in that EX relator with proof of his status nunc pro tunc has suffered sufficient "injury in fact" to satisfy Article III's requirements for standing established that the

irreducible constitutional minimum of standing that contains three elements:

• First, the plaintiff has suffered an "injury in fact"-an invasion of a
legally protected interest which is (a) concrete and particularized . . . and (b) actual or imminent, not 'conjectural' or 'hypothetical.'

• Second, there is a causal connection between the injury and the
conduct complained of-the injury is "fairly . . . traceable to the challenged action of the defendant, and not . . . th[e] result [of] the independent action of some third party not before the court."

• Third, it is "likely." as opposed to merely "speculative," that the injury
will be "redressed by a favorable Decision." 20. I have read the above and I know its contents; the facts stated

herein are true to my own personal knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The grounds of my beliefs as to all matters not stated upon information and belief are as follows: 3rd parties, books and records, and personal knowledge, except as to those stated upon information and belief, which I believe to be true. 12

UNITED STATES COURT of APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT -------------------------------------------------------------x Christopher-Earl: Strunk, United States ex rel. 593 Vanderbilt Avenue - #281 Brooklyn., New York 11238 (845) 901-6767 Email: chris@strunk.ws Plaintiff, Appellant v. Barack Hussein Obama II (a.k.a. Barry Soetoro) Obama for America, Obama Victory Fund, Federal Election Commission, (FEC), U.S. Department of Homeland Security (DHS) U.S. Department of Treasury (DOT) and John and Jan Doe(s); XYZ Entities Defendants. Appellees -------------------------------------------------------------x EX RELATOR APPELLANT’S NOTICE OF MOTION TO RECONSIDER, STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 AND RENEW TO CALENDAR PLEASE TAKE NOTICE that upon the annexed affidavit of EX RELATOR Christopher-Earl: Strunk, in esse and sui juris Agent of business trust CHRISTOPHER EARL STRUNK by Special-Appearance, affirmed August 8, 2013 will move this Court as Ex-relator-plaintiff-appellant to reconsider stay and or lift the August 1, 2013 MANDATE from the order dismissing the
1

Appeal Case No: 12-5289

Civil Action: 10-cv-00486 (RCL)

appeal for lack of prosecution, in that based upon new transactions,

payment of fee and change of the EX RELATOR Appellant status, that this
appeal be ordered renewed to calendar by this Court to allow perfection of
the appeal from the Quo Warranto Qui Tam Case 10-cv-00486 in United
States District Court for the District of Columbia dismissed by Judge Royce

C.Lamberth to be heard at the United States Courthouse, at 333
Constitution Avenue NW Washington District o f Cotumbia, on the day and
month in 2013,at a time and Gourtroom designated by the court, or as soon

thereafter as counsel can be heard.

EX RE: Christopher-Earl: Strunk in esse and sui juris Agent of business tmst CHRISTOPHER EARL STRUNK 593 Vanderbilt Avenue a 8 1 Brwklyn, New York 11238 EmaiI: chris@slrulnk.ws Cell-845-901-6767

ee: listing of service to follow

R. Craig Lawrence
U.S. Attorney's Office (USA) Civil Division 555 4th Street, NW Washington, DC 20530 Ernail: craig.lawrence@usdoj.gov Firm: 202-51 4-7159

Eric M. Thomn
Inspector General for the U.S. Department of Treasury 1500 Pennsylvania Avenue N.W. Washington, DC 20220

UNITED STATES COURT of APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT -------------------------------------------------------------x Christopher-Earl: Strunk, United States ex rel. 593 Vanderbilt Avenue - #281 Brooklyn., New York 11238 (845) 901-6767 Email: chris@strunk.ws Plaintiff, Appellant v. Barack Hussein Obama II (a.k.a. Barry Soetoro) Obama for America, Obama Victory Fund, Federal Election Commission, (FEC), U.S. Department of Homeland Security (DHS) U.S. Department of Treasury (DOT) and John and Jan Doe(s); XYZ Entities Defendants. Appellees -------------------------------------------------------------x EX RELATOR APPELLANT’S AFFIDAVIT IN SUPPORT NOTICE OF MOTION TO RECONSIDER, STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 AND RENEW TO CALENDAR
STATE OF NEW YORK COUNTY OF KINGS ) ) ss. )

Appeal Case No: 12-5289

Civil Action: 10-cv-00486 (RCL)

Accordingly, I, Christopher Earl Strunk in esse and sui juris, the sole secured beneficiary and Agent of the Business Trust debtor organization CHRISTOPHER EARL STRUNK, being duly sworn, depose and say under penalty of perjury:

1

INTRODUCTION This is the affidavit of EX RELATOR Christopher-Earl: Strunk, in esse and sui juris Agent of business trust CHRISTOPHER EARL STRUNK, by Special-Appearance (AFFIANT) in support of the EX RELATOR APPELLANT’S NOTICE OF MOTION TO RECONSIDER STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 from the order dismissing the appeal for lack of prosecution with DC Circuit Rule 38 (1) (see Exhibit 1), in that based upon new transactions, payment of fee and change of the EX RELATOR Appellant’s status, that this appeal be ordered renewed to calendar by this Court to allow perfection of the appeal taken from the Quo Warranto. Qui Tam action with related causes in Case 10-cv-00486 in United States District Court for the District of Columbia ordered dismissed by Judge Royce C. Lamberth as shown in the Circuit docket for this appeal case (see Exhibit 2) to be heard at the United States Courthouse, at 333 Constitution Avenue NW Washington District of Columbia, on the day and month in 2013, at a time and courtroom designated by the court, or as soon thereafter as counsel .
1

DC Cir. Rule 38. Frivolous Appeal—Damages and Costs. If a court of appeals determines that an appeal is frivolous, it may, after a separately filed motion or notice from the court and reasonable opportunity to respond, award just damages and single or double costs to the appellee. .

2

FACTS 1. That on or about September 13, 2012, as shown in Exhibit 2, EX

RELATOR Plaintiff filed a Notice of Appeal seeking review of the dismissal taken from the Quo Warranto, Qui Tam action with related causes in Case 10-cv-00486 in United States District Court for the District of Columbia ordered dismissed by then Chief Judge Royce C. Lamberth as shown in the Circuit docket for this appeal case (see Exhibit 3) and also requesting fee relief. 2. That Christopher Earl Strunk in esse is the only Private national

U.S. Citizen to have duly fired the Usurper President Barack Hussein Obama II in esse under Uniform Commercials Code on January 23, 2009 because by his own admission against interest as an exception to the hearsay rule that his legal father was a British subject when he was born, is not a “natural-born citizen” according to the US Constitution Article 2 Section 1 Clause 5 mandate and related law, and is not eligible to serve as President and or with such conflict as the U.S. bankruptcy reorganization executive trustee established since the March 9, 1933 Presidential Proclamation when by operation law all judicial and administrative is done by Military Process rather than civilian process; and that a copy of the firing document with notice of Replevin follow-up, on file in Ogden Utah, on 3

November 9, 2009 was duly served upon then Secretary of the Treasury with authority of private accounts at the treasury created by operation of securitizing the debtor birth certificate and bond issued by the Social Security Administration. 3. That in Chief Judge Royce C. Lamberth’s decision and order,

shown with Exhibit 3, he improperly assumes that petitioner, EX RELATOR Christopher-Earl: Strunk in esse natural person, is merely the Private U.S. Citizen indenture SURETY of the Artificial Public U.S. Citizen CHRISTOPHER EARL STRUNK beneficiary, legally owned by the State of New York since January 24, 1947; and this appeal taken challenges His improper assumption. 4. That no Artificial Public U.S. Citizen as a quasi corporate entity

may file a Quo Warranto action as intended before or after 1933 and or may appear in it or a Qui Tam action as such legal fiction without an attorney – does not apply to Affirmant as the exception to the rule. 5. That on December 14, 2012 the Circuit Court issued the order in

that District had denied fee relief that Petitioner apply for fee relief at circuit (see Exhibit 4); and then following the Circuit review of such a petition for fee relief at Circuit, on April 2, 2013, Circuit also denied such relief , giving a 30 day deadline for payment of the fee $455 (see Exhibit 5), and EX 4

RELATOR Appellant without sufficient personal funds sought funds from others. 6. That on May 2, 2013 AFFIANT the sole secured beneficiary and

Agent of the Business Trust debtor organization CHRISTOPHER EARL STRUNK, filed his AFFIDAVIT OF TRUTH: Notice of Rescission of Signatures of Suretyship—NUNC PRO TUNC along with a true copy of his Commercial Security Agreement affirmed April 15, 2013 (see Exhibit 6) with the Clerk of the New York State Supreme Court for the County of Kings in the Petition of Strunk v Jeffries et al. Article 78, Index No.: 21948-2012, marked therein Exhibit C of Petitioner's Affidavit in support of Motion to renew and reargue- with a decision pending. 7. That on December 12, 2012, Christopher-Earl: Strunk in esse and

sui juris Agent of business trust CHRISTOPHER EARL STRUNK established the active business trust organization registered under Uniform Commercial Code file number 2012-2614943-04 in the State of Kentucky for its sole secured beneficiary agent Christopher Earl Strunk © in esse and sui juris, as shown with the Commercial Security Agreement in Exhibit 6. 8. That on May 28, 2013, Christopher Earl Strunk © in esse and sui

juris Agent of business trust CHRISTOPHER EARL STRUNK, by the 5

submission that included the documents shown in Exhibit 6, became the sole secured beneficiary in the segregated Personal Certified Individual Master File Trust Accrual under the exclusive control of the United States Secretary of the Treasury trustee receiver Jacob Joseph Lew as delivered with certified mail with return receipt by the United States Postal Service with confirmation tracking (see Exhibit 7); 9. That on June 10, 2013 the Clerk of the Court received payment of

the $455 fee sent by the Elder Bishop of the Reformation Bible Puritan

Baptist Church, Eric Jon Phelps, and that the fee payment was thereafter
logged and credited with both at the Clerk of the DC District and DC Circuit (see Exhibit 8); and that on June 12, 2013 the fee payment was duly noted as received on the Docket shown as Exhibit 3. 10. That as germane affirmative judicial notice herein associated with

Affirmant’s status: a. American national citizens, Public citizens (artificial persons) and Private citizens (natural persons), are protected by the federal government via Section 1 of the 14th Amendment after 1868. b. The artificial person/Public U.S. citizen attached to every 14th Amendment natural person/Public U.S. citizen is a creation of each State government via a Birth Certificate on file in the State 6

of the natural person’s birth. The name of this artificial person/Roman persona is in all capital letters and termed “Capitis Diminutio Maxima.” This all-caps name is a “nom de guerre” (name of war) for the Roman persona/Public U.S. citizen to be treated as an enemy of war by every Emergency War Powers court. Further, the name tag of every American soldier is in all capital letters, also indicating his name of war. Thus, the all-caps name is used for both soldiers and enemies captured in war publically residing in the states deemed mere conquered territories by the de facto Military Government in Washington, D.C. c. All income of the artificial person/Public U.S. citizen, for which the individual 14th Amendment Private U.S. Citizen is subordinate

Surety, may be income/excise/privilege taxed. All income of the
artificial person derived from any source whatsoever may be “war taxed” save those sources exempted by the Congress or “mandatorily excepted”---the “Church” and its “integrated auxiliaries.” 11. That as germane historical judicial notice herein is associated with

AFFIANT’s status I refer to the timeline and events in a presentation 7

entitled Seven Transitions of American Citizenship by Eric Jon Phelps, pages 1-56, April 12, 2013 with ISBN 978-0-9793734-9-7, with an outline Summary of Seven Transitions pages 44 thru 56 is attached as a matter of brevity in this supporting affidavit for reference by this court and Appellees’ counsel (see Exhibit 9). From Status to New Status---1868 Federal US Citizenship to National US Citizenship. That an understanding How Americans Transitioned from Being First Citizens of Our State and thereby Citizens of these United States (Article IV, Section 2), With Privileges and Immunities that included Common Law rights on a Federal Level, including the First Eight Rights of the Bill of Rights, To Being First Citizens of the United States and thereby Citizens of the state wherein they Privately Resided at Common Law (14th Amendment, Section 1), with Privileges and Immunities That included NO Common Law Rights on a Federal Level Loss of Common Law Rights---1873 Fundamental Rights/Common Law Rights – The Supreme Court declares Fundamental Rights/Common Law Rights ARE NOT Privileges and Immunities of New National U.S. Citizenship

8

From New Status to Contract---1906 National 14th Amendment US Citizen Becomes Surety for Artificial Person/Martial Persona Understanding how the Fourteenth Amendment American Citizen Became Surety for an Artificial Public U.S. citizen in Commerce; Created on a State level by Contract through Operation of Law. • Individual Public U.S. citizens lie dormant until March 9, 1933. • Individual Private U.S. Citizenship continues until March 9, 1933. New Status in Contract Activated---1933 Emergency War Powers Proclamation, March 9, 1933 Individual Public U.S. citizens Created on State Level NOW SEIZED as “Booty of the Federal Government; Individual Private U.S. Citizenship absorbed into Public U.S. citizenship; Private U.S. Citizen Is wedded and attached to Public U.S. citizen; • Private U.S. Citizen now Surety for Public U.S. citizen • Altered Citizenship creates Altered U.S. Jurisdiction New Status in Contract in Commerce---1935 Seized Booty: Artificial Person/Public U.S. citizen PLACED IN COMMERCE—Public U.S. citizens now Insured Surety Private U.S. Citizen can Fight and Pay for Pope’s Crusades 9

• Natural Person/14th Amendment Private U.S. Citizen is Surety for 14th Amendment Public U.S. citizen in Commerce; • Artificial Person/Roman Persona/Public U.S. citizen Given a Social Security Number/Tax Identification Number

Loss of Federal Common Law Process and Federal Common Law Rights---1938 Natural Person/14th Amendment Citizen loses all Common Law Federal Common Law and Federal Common Law Rights of Natural Persons Previously Protected by U.S. Supreme Court Decisions NOW OVERRULED By Two New Decisions of “the Roosevelt Court”

New Status in Contract at War---1950 Emergency War Powers Executive Order Activated Status Governs all In Personam Jurisdiction, Both Criminal and Civil Jurisdictions, Of Both Federal and State Courts now Military in Process, Courts are Constitutional in FORM; but Military in SUBSTANCE, these Courts Flying Federal and State Martial Flags, Three Sides Bordered with Gold Fringe or with Gold Cords and Tassels 10

12.

That AFFIANT contends that the above facts combined with below

argument form a meritorious basis to be granted relief by this motion herein sufficient to warrant this court to reconsider, stay and or lift the MANDATE of August 1, 2013 and renew to calendar to allow appeal perfection. 13. That AFFIANT contends that a “natural born Citizen” (NBC) child

has to be born in the United States to "citizen" parents as a matter of settled law; and that my own heritage in regards to my own parents although only sureties for their Public US Citizens in fact: i. My father Earl Henry Strunk is a “natural born Citizen” in 1917 as defined by Minor (see Minor v Happersett, 88 US 162, 167 [1875]), because his father Moses, my grandfather had been a natural-born Citizen to his own U.S. Citizen parents (my great-grand parents) at his birth, and who married my Prussian born Grandmother Elizabeth who immigrated to the USA, assumed U.S. citizenship of my grandfather Moses when she married by American common law before the Cable Act of 1922; ii. And, that my mother Beth Hardwick in 1915 was born a 14th Amendment U.S. Citizen defined by Wong Kim Ark (see United

States v. Wong Kim Ark, 169 U.S. 649, 693 (1898)), because her
father and mother, my maternal grandparents were British subjects 11

who immigrated to New Jersey from Canada, were domiciled legal resident aliens when Mother was born. 14. That AFFIANT argues that for a child to be a “natural born Citizen”

(s)he needs to be born in the country to parents who are both either “natural born Citizens” or “citizens of the United States” (citizen) by naturalization at birth or after birth. 15. AFFIANT was naturally born in the geographic United States of

America, in the State of New York, in the city of New York, on January 23, 1947; 16. AFFIANT, a natural person, became a de jure, natural born Private

United States Citizen on the day of his natural birth pursuant to Section 1 of the Fourteenth Amendment to the United States Constitution; 17. AFFIANT, by operation of law, was pledged as Property for,

wedded to and made Surety for, a de facto, artificial person, statutory Public United States citizen by means of a “Certificate of Live Birth” filed with the County of New York, in the State of New York , on January 24, 1947; 18. AFFIANT, by operation of law, was restored to his former status of

being a Private United States Citizen upon the filing of a “Notice of Release

12

Without Consideration” being NUNC PRO TUNC with the Clerk of Court, Lamar County, Georgia, on October 15, 2012; 19. AFFIANT has eliminated any presumption of fact that Affiant is

Property of, or Surety for, said statutory Public United States citizen by filing a “Notice of Rescission of Signatures of Suretyship—NUNC PRO TUNC” with a public office of the Court Clerk in Kings County, the State of New York, in which county Affiant makes his home, privately residing on the land at Common Law and not publically residing according to statute; 20. AFFIANT, by virtue of his constitutionally protected status of being

a Private United States Citizen, is as foreign to the present de facto Emergency War Powers jurisdiction of the United States, the former de jure Common Law jurisdiction of the United States (as per Section 1 of the 14th Amendment) having been altered and/or modified into the present de facto Civil Law jurisdiction of the United States by a congressionally-amended, World War I statute and a subsequent presidential proclamation, both events transpiring on March 9, 1933; THEREFORE: 21. 22. 23. 24. AFFIANT is not a statutory public “United States citizen;” AFFIANT is not a statutory public “resident” of the United States; AFFIANT is not a statutory “United States person:” AFFIANT is not a statutory “non-citizen national;” 13

25. York; 26. York; 27. 28. 29. 30. 31.

AFFIANT is not a statutory public “citizen” of the State of New

AFFIANT is not a statutory public “resident” of the State of New

AFFIANT is not a statutory “resident alien;” AFFIANT is not a statutory “non-resident alien;” AFFIANT is not a statutory “taxpayer;” AFFIANT does not have a statutory “tax home within the U.S.;” AFFIANT is a “nontaxpayer” pursuant to Economy Heating and

Plumbing v. United States, 470 F.2d 585, 589 (1972);
32. AFFIANT, as a matter of public record, is the Non-Surety Agent

and Attorney-in-fact for transmitting utility and Public U.S. citizen “CHRISTOPHER EARL STRUNK;” therefore Affiant is the beneficial owner of all income derived from his exclusive use of the NAME of “CHRISTOPHER EARL STRUNK,” presently under public commercial lien and copyrighted, copy-claimed and trademarked by Affiant; 33. AFFIANT therefore declares taxpayer “CHRISTOPHER EARL

STRUNK” has never received any beneficial income, including profit and/or gain, from any source whatsoever and is therefore exempt from any form of backup withholding by any business, public or private, that would be 14

evidenced by Affiant’s , signed and sealed “Certificate of Foreign Status of

Beneficial Owner for United States Tax Withholding” (W-8BEN);
34. AFFIANT therefore further declares taxpayer “CHRISTOPHER

EARL STRUNK” has never received any beneficial income derived from wages, tips, salaries, etc.; has never had a past or present tax liability and is therefore exempt from withholding by any employer, public or private, that would be evidenced by Affiant’s signed and sealed “Employee’s

Withholding Allowance Certificate” (W-4 (2013).
35. That every Emergency War Powers Judge, and Judge Lamberth is

no exception, makes an assumption of fact by taking for granted that every individual defendant in his “Emergency War Powers Court” (the De Facto military government being Sovereign and not the People) is similarly situated as is every other individual defendant. This assumption of fact is based upon a “situation contrived by the law” that enables the Court to impose a Martial Due Process upon the defendant that he may be brought into the Court’s In Personam jurisdiction that trial may proceed. 36. What is a “Situation contrived by the law?” “Situation. State of

being, posture. Position as regards conditions and circumstances; state; condition.” Black’s Law Dictionary, Fifth Edition, p. 1244.; and could the term “situation” also mean “status?” the terms being identical. “Status. 15

Standing; state or condition; social position.” The terms “state,” “condition,” and “position” are used to define both “situation” and “status.” Therefore a “situation” is a “status,” Black’s Law Dictionary, Fifth Edition, p. 1264. 37. As a matter of status germane herein, it is a well publicized fact

that BHO has filed a Tax return with the IRS as a statutory Taxpayer being the Surety for the statutory beneficiary Public US Citizen BARACK HUSSEIN OBAMA II as he calls himself, and has done so using a questionable social security number belonging to another born over 120 years ago - now in a court before Judge Lamberth. 38. That were Mr. OBAMA to have a TAX EXEMPT FOREIGN

STATUS he would not have filed his return as evidenced, and as such is proof that he assumes a surety indenture to that of the beneficiary Public citizen BARACK HUSSEIN OBAMA II; therefore, it is concluded notwithstanding his questionable use of another’s social security number that he is wedded to the Public citizen BARACK HUSSEIN OBAMA II and as surety is bound to the condition of the legend that his legal father BARACK HUSSEIN OBAMA is a British subject when married to STANLEY ANN DUNHAM OBAMA. And thus Judge Lamberth must exceed the use of such merely being a “Legal Fiction. “ An assumption of fact made by the court for deciding a legal question. A situation contrived by the law to permit 16

a court to dispose of a matter, though it need not be created improperly; . . .” Black’s Law Dictionary, Fifth Edition, p. 804. 39. And based upon what is the legal definition of an “assumption”

“Assumption. The act of taking for granted.” Black’s Law Dictionary, Fifth Edition, p. 113. based upon Mr. Obama’s tax filing it must be taken for granted that he is the SURETY of the statutory Public citizen BARACK HUSSEIN OBAMA II, notwithstanding the use of the other tax number and notwithstanding the prior use of the name “SOEBARKAH” , that I personally discovered as his adopted name commonly known as “BARRY SOETORO”, who as a foreign national of Indonesia entered this country in 1971 to live with his Grandmother. 40. As a matter of historical record in the use of the term natural born

citizen applies for the Quo Warranto and Qui Tam challenge in that the repugnant feudal perpetual allegiance doctrine previously imposed by the monarchy and British Common Law before 1776 has somehow been reestablished so that “natural born-subject” somehow equals “natural born citizen”. 41. That as a bipartisan application of British Common law shows

there is no difference between the Democrats or Republican party dicta, as our fellow Californian of some repute Edwin Meese, Ronald Reagan’s 17

attorney general, in 2005 used his prestige and position at the American Heritage Foundation (some say because he anguishes about his own shenanigans gone array as Attorney General with the 1986 Amnesty of illegal aliens) to expressly roll back America to before the 1776 Declaration of Independence, uses the feudal doctrine of perpetual allegiance that defines an individual’s status as if property subject to the ownership by a monarch and or sovereign oligarchy. Perhaps Mr. Meese is preparing for the new nation killing amnesty starting with the 2005 preparation during efforts rejected during the Bush Administration that remains the American Heritage Foundation use for a new amnesty with say 30 million illegal aliens put on a path to citizenship in 2013; and that Mr. Meese expressly conflates British Common Law “Natural-born subject” use as if it were synonymous with American Common Law use of “Natural-born Citizen”, the American Heritage Foundation says the following: ““Under the longstanding English common-law principle of jus soli, persons born within the territory of the sovereign (other than children of enemy aliens or foreign diplomats) are citizens from birth. Thus, those persons born within the United States are “natural born citizens” and eligible to be President. Much less certain, however, is whether children born abroad of United States citizens are “natural born citizens” eligible to serve as President …”—- Edwin Meese, et al, THE HERITAGE GUIDE TO THE CONSTITUTION (2005) “ 42. AFFIANT contends that the Founders in the 1776 offering of the

Declaration of Independence was to reassure the colonies the basis to 18

leave the feudal perpetual allegiance to the Monarchy of British Common Law and as such the New York Republic on April 20, 1777, for the People of the New York Republic revoked perpetual allegiance use of British Common Law as repugnant in use of the New York Constitution at Article 35 that: “XXXV. And this convention doth further, in the name and by the authority of the good people of this State, ordain, determine, and declare that such parts of the common law of England, and of the statute law of England and Great Britain, and of the acts of the legislature of the colony of New York, as together did form the law of the said colony on the 19th day of April, in the year of our Lord one thousand seven hundred and seventy-five, shall be and continue the law of this State, subject to such alterations and provisions as the legislature of this State shall, from time to time, make concerning the same. That such of the said acts, as are temporary, shall expire at the times limited for their duration, respectively. That all such parts of the said common law, and all such of the said statutes and acts aforesaid, or parts thereof, as may be construed to establish or maintain any particular denomination of Christians or their ministers, or concern the allegiance heretofore yielded to, and the supremacy, sovereignty, government, or prerogatives claimed or exercised by, the King of Great Britain and his predecessors, over the colony of New York and its inhabitants, or are repugnant to this constitution, be, and they hereby are, abrogated and rejected. And this convention doth further ordain, that the resolves or resolutions of the congresses of the colony of New York, and of the convention of the State of New York, now in force, and not repugnant to the government established by this constitution, shall be considered as making part of the laws of this State; subject, nevertheless, to such alterations and provisions as the legislature of this State may, from time to time, make concerning the same. (Emphasis added by AFFIANT ) 43. In fact, AFFIANT contends based upon the public historical record

that to replace feudalism and the Monarch’s claim of Right to qualified use 19

of property and ownership (adj. USUFRUCT) as his subjects born jus soli per se without regard to the status of the parents, the Founders and Framers looked to ancient Roman history to understand the law of nature to learn how best to constitute a republican form of government and to replace

perpetual allegiance with the human natural law doctrine of both Greek(2)
and Roman(3) origin of the term of art “natural-born Citizen” inheritance of

Aristotle also gave us a definition of a “natural born Citizen.” In “Politics, Book Three, Part II, Aristotle, writing in 350 B.C.E., as translated by Benjamin Jowett, gave us his definition of citizenship: “Part II : But in practice a citizen is defined to be one of whom both the parents are citizens; others insist on going further back; say to two or three or more ancestors. This is a short and practical definition but there are some who raise the further question: How this third or fourth ancestor came to be a citizen? Gorgias of Leontini, partly because he was in a difficulty, partly in irony, said- 'Mortars are what is made by the mortar-makers, and the citizens of Larissa are those who are made by the magistrates; for it is their trade to make Larissaeans.' Yet the question is really simple, for, if according to the definition just given they shared in the government, they were citizens. This is a better definition than the other. For the words, 'born of a father or mother who is a citizen,' cannot possibly apply to the first inhabitants or founders of a state. There is a greater difficulty in the case of those who have been made citizens after a revolution, as by Cleisthenes at Athens after the expulsion of the tyrants, for he enrolled in tribes many metics, both strangers and slaves. The doubt in these cases is, not who is, but whether he who is ought to be a citizen; and there will still be a furthering the state, whether a certain act is or is not an act of the state; for what ought not to be is what is false. Now, there are some who hold office, and yet ought not to hold office, whom we describe as ruling, but ruling unjustly. And the citizen was defined by the fact of his holding some kind of rule or office- he who holds a judicial or legislative office fulfills our definition of a citizen. It is evident, therefore, that the citizens about whom the doubt has arisen must be called citizens.” …http://classics.mit.edu/Aristotle/politics.html .
3

2

Roman law provided: “Lex MENSIA, That a child should be held as a foreigner, if either of the parents was so. But if both parents were Romans and married, children always obtained the rank of the father, (patrem sequuntur liberi, Liv. iv. 4.) and if unmarried, of the mother, Uipian.” Alexander Adam, Roman antiquities: or, An account of the manners and customs of the Romans 210 (6th ed. corrected 1807). Cicero wrote in A Proposal:

20

allegiance from his parents and or that of the father; and that it is repugnant for this appeal panel to suggest there were a Court here in New York to deem that the prior perpetual allegiance as once existed under the King before the Revolution now with the 14th Amendment to the U.S. Constitution somehow amends the A2S1C5 “natural-born Citizen” clause and conflates the term person born on soil as if a U.S. Citizen without regard to the status of the parents, with “subject to the jurisdiction” as if it were needless repetition and thereby as was mistakenly done by the fanciful New York Justice in the case Lynch v. Clarke, 1 Sandf. Ch. 583 of 1844 who decided that case as if American Common Law had been replaced with that of British Common Law was in fact rebuked by the New York State Legislature thereafter and that the State Judiciary through their Court of Appeals has historically properly defined the relationship of the children offspring to the citizenship status of the parents that existed under American Common Law before the Cable Act of 1922 in regards to “natural born Citizen” as found in

Ludlam v. Ludlam 26 NY 256 (1863).
“The Colophonians claim Homer as their own free Denizen, the Chians challenge him as theirs, the Salaminians demand him again for their own, but the Smyrneans assert him to be their natural born Citizen; and therefore have also dedicated a Temple to him in their Town of Smyrna. There are a great many besides at Daggers-drawing among themselves, and contend for him.” A Proposal For Printing in English, The Select Orations of Marcus Tullius Cicero, According to the last Oxford Edition 17 (Henry Eelbeck trans. London 1720).

21

44.

Based upon information and belief, the only constitutional oath to

be found is the oath the POTUS takes, which is word for word the same as the required text in the Constitution. POTUS does not take the oath of office in USC Title 5. As long as there is one officer with an oath required by the Constitution (not an oath of office required by the Congress), the people still have a trustee for the trust on which the de jure people are the beneficiaries. That beneficial interest is what gives people the right to accept for value instruments that are issued for value. They have an antecedent claim from a preexisting contract. Their claim is a right to enjoy freedom with liberty. It is based on constitutional guarantees. Since 1933, the people also have a right to a distribution from another trust created by President Franklin D. Roosevelt. Since 1933, all property is held by each State of the several States for the creditors of the bankruptcy of the USA. That means the State has the legal title to all substance in the States but the people have equitable title through their beneficial interest in that trust as long as each person no longer is the surety of the debtor straw man. Taking control of the gold in 1933 would have been unconstitutional if the new trust had not been created. The President's oath is an offer to the people in the several States. It is prudent for people to accept his oath, IF the person is eligible for POTUS as it is not an oath that is issued for value 22

made in good faith - BUT if ineligible for POTUS the oath is offered for value in bad faith. The principles of offer and acceptance apply to this very critical premise. If the people have not accepted that oath, how can they expect the man who made it to be working for their benefit? (emphasis by AFFIANT) 45. Based upon information and belief, there are no Article VI oaths

that can be found for any members of the legislatures (state or federal), or executive and judicial officers of the United States or of the several states. They all have United States Code Title 5 oaths. The POTUS cannot take the Title 5 oath of office. He already has another oath to the people. He and others are deemed to be qualified 'To hold and enjoy any Office of honor, Trust or Profit under the United States". Notice that only individuals who are "elected or appointed to an office of honor or profit in the civil service or uniformed services", are required to have the Title 5 oath. They do not hold offices of trust. The President does. Only members of the legislatures of the States and the United States, and executive and judicial officers, who are bound by the Article VI oath, can hold offices of trust. Those who take the Title 5 oath of office can hold offices of honor or profit under the United States. An oath is different than an oath of office. 46. Based upon information and belief, since none of the members of 23

the legislatures or executive and judicial officers of the United States has the oath required by Article VI of the Constitution, the only way they would have a duty to you is through the oath of the POTUS, the executive trustee of the trust created by the Constitution and the trust created by President Roosevelt. His position as President (Article 2 Section 1) comes in the Constitution before his position as Commander in Chief (Article 2 Section 2). His oath is required in Section 1, not Section 2. 47. That based upon surety Barack Hussein Obama II in esse, doing

business as debtor organization BARACK HUSSEIN OBAMA II, by his own public admission against interest as an exception to the hearsay rule in his autobiographies and campaign statements that his legal father is a British subject, confirmed by his offer of purported Certificate of Live birth in 2008 and again in 2012 (notwithstanding the authenticity); and

thereafter, is confirmed by the Foreign Student INS records of his legal father and the March 20, 1964 divorce decree and thus, prove Barack Hussein Obama II in esse is not NBC and merely acting as the SURETY for the statutory Public citizen (if that) - therefore ineligible for the office of POTUS with the duty as Executive Trustee of AFFIANT’s segregated account under the control of the Secretary of the Treasury as the Trustee / Receiver securities intermediary; and 24

48.

As such, Petitioner on January 23, 2009 duly fired OBAMA when

he offered his contract to Agent on January 20, 2009, Mr. OBAMA’s every act is void in ab initio; and notwithstanding all OBAMA’S acts being void ab initio again usurps the office of POTUS to Petitioner Agent’s detriment and injury is acting without AFFIANT’s consent as the Executive Trustee and must be removed as a matter of self interest as the sole beneficiary of the segregated trust for Mr. OBAMA without being NBC is not trustworthy to be the Executive Trustee has conflict of interest with the creditors and debtors. 49. I have read the above and I know its contents; the facts stated

herein are true to my own personal knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The grounds of my beliefs as to all matters not stated upon information and belief are as follows: 3rd parties, books and records, and personal knowledge, except as to those stated upon information and belief, which I believe to be true. This affidavit has 5959 words including the footnotes and is in Sans Serif 14 point type.

25

WEREFORE, Ex-relator, Christopher Earl Strunk in esse, on his own

behalf as whistleblower and on behalf of the Government of the United
States of America requests this lionofable Court to order:
a. That grants reconsideration to stay and or lift the mandate far

the renewal to allow appellant to perfect his appeal to calendar
with notice to the parties in interest

b. That lets the expedited Quo Warranto inquest be done by a hot

c. That grants EX RELATOR Private US Citizen as a sole secured
beneficiary agent of Business Trust CHRISTOPHER EARL

StRUNK civilian process pro se d r e p m e d for he and
the Untied States in the Qui Tam and Quo Wamnto matter

b. and for d'ierent and other relief that the Court deems
necessary including oral argument and expanded brief.

Christopher-Earl: Strunk in esse Agent

m t~before me This day of August 2013 S
ELLA SiMKHAVNA Mtmy PuMi Stab of Near Ywk
No. 01 Si-#l

, *

. -.,

-

_ - _.
CL

>-

.

.

\

*

Christopher-Earl: Strunk, United States ex rel. V OBAMA ET AL Appeal Case No: 12-5289 EX RELATOR APPELLANT’S AFFIDAVIT IN SUPPORT NOTICE OF MOTION TO RECONSIDER, STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 AND RENEW TO CALENDAR

Exhibit 1

September Term, 2012
Filed On: May 23,2013 ~i43m31

Christopher Earl Strunk, United States ex ret.,
Appellant

Barask Hussein Obama, also known as Barry Soetoro, et al.,

Appellees
ORDER

By order filed April 2, 2013, appellant was directed to pay the full appellate filing and docketing fees of $455 to the distsi~t court within thirty days of the date of this order or this appeal will be dismissed, and it appearing that appellant has not paid the fees due.in this caseflpon consideration of the foregoing, it is
ORDERED that this case be dismissed for lack of prosecution. See D.C. Cir. Rule 38.
.-

_

The Clerk is directed to issue the mandate in this case by July 8, 2013.
-. -

-

-

3

.

-.
' '-

FOR m - m : Mark J. Langer, Clerk
1st

-.---

.-

BY:

Laura M. Chipley
Deputy Clerk

Christopher-Earl: Strunk, United States ex rel. V OBAMA ET AL Appeal Case No: 12-5289 EX RELATOR APPELLANT’S AFFIDAVIT IN SUPPORT NOTICE OF MOTION TO RECONSIDER, STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 AND RENEW TO CALENDAR

Exhibit 2

USCA-DCC Docket #: 12-5289 Christopher Strunk v. Barack Obama, et al...

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USCA-DCC Docket #: 12-5289 Christopher Strunk v. Barack Obama, et al
From: To: Cc:

Sunday, August 4, 2013 3:40 PM

"Bill Van Allen" <hvanallen@hvc.rr.com> "Christopher Earl Strunk" <CEStrunck@yahoo.com> orly.taitz@gmail.com pamelabarnett@mail.com microcapmaven@aol.com

General Docket United States Court of Appeals for District of Columbia Circuit Court of Appeals Docket #: 12-5289 Nature of Suit: 2890 Other Statutory Actions Christopher Strunk v. Barack Obama, et al Appeal From: United States District Court for the District of Columbia Fee Status: Fee Paid Case Type Information: 1) Civil US 2) United States 3) Originating Court Information: District: 0090-1 : 1:10‐cv‐00486‐RCL Trial Judge: Royce C. Lamberth, U.S. Senior District Judge Date Filed: 03/24/2010 Date Order/Judgment: Date NOA Filed: 08/17/2012 09/04/2012 Prior Cases: None Lead: 1:10‐cv‐00486‐RCL Docketed: 09/13/2012 Termed: 05/23/2013

Current Cases: None Panel Assignment: Not available

Christopher Earl Strunk, United States ex rel. Plaintiff - Appellant

Christopher Earl Strunk Direct: 845-901-6767 [NTC Pro Se] Firm: 212-307-4444 593 Vanderbilt Avenue #281 Brooklyn, NY 11238

v. Barack Hussein Obama, also known as Barry Soetoro Defendant - Appellee R. Craig Lawrence Email: craig.lawrence@usdoj.gov [NTC Gvt Atty USAO/AUSA] U.S. Attorney's Office (USA) Civil Division Firm: 202-514-7159 555 4th Street, NW Washington, DC 20530 R. Craig Lawrence [NTC Gvt Atty USAO/AUSA] (see above) R. Craig Lawrence [NTC Gvt Atty USAO/AUSA] (see above) R. Craig Lawrence [NTC Gvt Atty USAO/AUSA] (see above) R. Craig Lawrence [NTC Gvt Atty USAO/AUSA] (see above)

Obama for America Defendant - Appellee Obama Victory Fund Defendant - Appellee Federal Election Commission, (FEC) Defendant - Appellee United States Department of Homeland Security, (DHS) Defendant - Appellee

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8/6/2013 5:57 PM

USCA-DCC Docket #: 12-5289 Christopher Strunk v. Barack Obama, et al...

http://us-mg5.mail.yahoo.com/neo/b/message?sMid=0&fid=%40S%40Se...

United States Department of the Treasury, (DOT) Defendant - Appellee John and Jan Does Defendant - Appellee XYZ Entities Defendant - Appellee Christopher Earl Strunk, United States ex rel., Plaintiff - Appellant v.

R. Craig Lawrence [NTC Gvt Atty USAO/AUSA] (see above)

Barack Hussein Obama, also known as Barry Soetoro; Obama for America; Obama Victory Fund; Federal Election Commission, (FEC); United States Department of Homeland Security, (DHS); United States Department of the Treasury, (DOT); John and Jan Does; XYZ Entities, Defendants - Appellees 09/13/2012 09/13/2012
12 pg, 1.24 MB

US CIVIL CASE docketed. [12-5289] NOTICE OF APPEAL filed [1394259] by Christopher Earl Strunk seeking review of a decision by the U.S. District Court in 1:10-cv-00486-RCL. Assigned USCA Case Number [12-5289] CLERK'S ORDER filed [1394261] holding case in abeyance . Case 12-5289 held in abeyance pending decision in 1:10cv486-RCL from US District Court [12-5289] NOTICE [1410132] filed from Clerk, District Court leave to proceed ifp in the district court is denied [Case Number 12-5289: IFP Denied USDC] [12-5289] CLERK'S ORDER filed [1410137] directing party to file payment of docketing fee APPELLANT payment of docketing fee due 01/14/2013; directing party to file motion to proceed on appeal in forma pauperis . APPELLANT motion to proceed IFP in this court due 01/14/2013, Failure to respond shall result in dismissal of the case for lack of prosecution; The Clerk is directed to mail this order to appellant by certified mail, return receipt requested and by 1st class mail. [12-5289] FIRST CLASS MAIL SENT [1410142] of order [1410137‐2], [1410137‐3] to appellant [12-5289] CERTIFIED MAIL SENT [1410143] with return receipt requested [Receipt No.7007 0710 0004 7194 7042] of order [1410137‐2], [1410137‐3]. Certified Mail Receipt due 01/14/2013 from Christopher Earl Strunk. [12-5289] CERTIFIED MAIL RECEIPT [1411895] RECEIVED from Unreadable [signed for on 12/19/2012] for order [1410143-2] sent to Appellant Christopher Earl Strunk [12-5289] MOTION filed [1413246] by Christopher Earl Strunk to proceed on appeal in forma pauperis [Case Number 12-5289: IFP Pending USCA] [Service Date: 01/03/2013 ] Pages: 1-10. [12-5289] PER CURIAM ORDER filed [1428475] denying motion ifp in this Court [ 1413246‐2] [Case Number 12-5289: IFP Denied USCA]; directing party to file payment of docketing fee or appeal will be dismissed. APPELLANT payment of docketing fee due 05/02/2013. The Clerk is directed to mail this order to appellant by certified mail, return receipt requested and by 1st class mail. Before Judges: Garland, Tatel and Brown. [12-5289] FIRST CLASS MAIL SENT [1428484] of order [1428475‐4] to appellant [12-5289] CERTIFIED MAIL SENT [1428485] with return receipt requested [Receipt No.7006 0810 0002 3722 4509] of order [1428475‐4]. Certified Mail Receipt due 05/02/2013 from Christopher Earl Strunk. [12-5289] CLERK'S ORDER filed [1437733] considering Special Panel order of docketing fee payment [ 1428475‐2], dismissing case for lack of prosecution, withholding issuance of the mandate. [12-5289] NOTICE [1440890] filed from Clerk, District Court for payment of docketing fee [Case Number 12-5289: Fee Paid] [12-5289] MANDATE ISSUED to Clerk, District Court [12-5289]

09/13/2012
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12/14/2012
4 pg, 57.16 KB

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8 pg, 625.78 KB

12/14/2012 12/14/2012 12/21/2012
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04/02/2013 04/02/2013 05/23/2013
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8/6/2013 5:57 PM

Christopher-Earl: Strunk, United States ex rel. V OBAMA ET AL Appeal Case No: 12-5289 EX RELATOR APPELLANT’S AFFIDAVIT IN SUPPORT NOTICE OF MOTION TO RECONSIDER, STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 AND RENEW TO CALENDAR

Exhibit 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
In the Quo Warranto and Qui Tam matter of the United States of America (USA) and ex relator Christopher-Earl: Strunk in esse, 593 Vanderbilt Avenue - #28 1 Brooklyn., New York 11238 (845) 901-6767 Email: chris@strunk.ws
v.

6 6 9 Civil Action: 10-cv-00486 (RCL) 9 6 6 6
NOTICE OF APPEAL,

Plaintiff,

6 9 6 9 6 U.S. Department of Homeland Security (DHS) 6 Washington Navy Yard Bldg 410, 6 245 Murray Drive W.S.W. Washington DC 20528 6 6 U.S. Department of Treasury (DOT) 6 1 500 Pennsylvania Avenue N.W. 6 Washington, DC 20220; 6 6 and John and Jan Doe(s); XYZ Entities 6
Barack Hussein Obama I1 (a.k.a Barry Soetoro) C/O The White House 1600 Pennsylvania Avenue, N. W. Washington, District of Columbia 20500;
'

Defendants.

EX RE Christopher Earl Strunk, Plaintiff pro se, hereby appeals from each and every part taken from the Order with Memorandum of July 31,2012 by the Honorable Chief Judge Royce C. Larnberth that dismissed and unsealed the Complaint denying an amended complaint and thereafter a supplement to the amended complaint along with the .August 16,2012 order denying the motion to reconsider along with the petition to i whistleblower plaintiff. Dated: August Brooklyn New Yor

..

.

Christopher-Earl: Strunk in esse 593 Vanderbilt Avenue, #28 1 Brooklyn, New York 11238

See the following service list:

Service List: Eric Holder, U.S. Attorney General The US Department of Justice 950 Pennsylvania Ave., N.W. Washington, DC 20530 Barack Hussein Obama II in esse c/o The White House 1600 Pennsylvania Avenue NW Washington, DC 20500 Richard L. Skinner Inspector General for the U.S. Department of Homeland Security Washington Navy Yard Bldg 410, 245 Murray Drive W.S.W. Washington DC 20528 Eric M. Thorson Inspector General for the U.S. Department of Treasury 1500 Pennsylvania Avenue N.W. Washington, DC 20220 CPT. Pamela Barnett US Army Retired 2230 Sunset Blvd. Ste, 340-160 Rocklin, California 95865

Attachments: July 31, 2012 Memorandum and Order denying the Motion to renew with the proposed Amended Complaint affirmed July 5, 2012 and modifying the Order of January 5, 2011 in re: the EX RE Petition and Complaint filed March 24, 2010 and July 13, 2010 Motion to Unseal with Judicial Notice of October 21, 2010 to issue Summonses, dismiss the complaint and unsealed the record.

; August 16, 2012 Order denying the motion to reargue with the Supplement to the Proposed Amended Complaint affirmed August 8, 2012 and denying the motion to Intervene with Petition affirmed August 14, 2012 with proposed intervener Supplement to the EX RE First supplement and proposed amended Complaint.

Case 1:10-cv-00486-RCL Document 6 Filed 08/01/12 Page 1 of 1

Case 1:10-cv-00486-RCL Document 6-1 Filed 08/01/12 Page 1 of 5

Case 1:10-cv-00486-RCL Document 6-1 Filed 08/01/12 Page 2 of 5

Case 1:10-cv-00486-RCL Document 6-1 Filed 08/01/12 Page 3 of 5

Case 1:10-cv-00486-RCL Document 6-1 Filed 08/01/12 Page 4 of 5

Case 1:10-cv-00486-RCL Document 6-1 Filed 08/01/12 Page 5 of 5

Case 1:10-cv-00486-RCL Document 10 Filed 08/17/12 Page 1 of 1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

EX RE Strunk v Obama et al. DCD CASE 10-cv-0486 (RCL)
CERTIFICATE OF SERVICE

On August 29, 2012, I, Christopher Earl Strunk, under penalty of perjury pursuant to 28 USC 1746, caused the service of a copy of the Notice of Appeal taken from the Memorandum and Order of July 3 1,2012 with the August 16,20 12 order denying reconsideration and intervention ordered by
the Honorable Chief Judge Royce C. Lamberth attached and placing a true copy of each in an envelope with

.

proper postage with "Urgent Legal Service personal and confidential" written in lower left comer for delivery by the USPS certified with return receipt mail upon:
I

Eric Holder, U.S. Attorney General The US Department of Justice 950 Pennsylvania Ave., N.W. Washington, DC 20530 Barack Hussein Obama I1 in esse C/O The White House 1600 Pennsylvania Avenue NW Washington, DC 20500 Richard L. Skinner Inspector General for the U.S. Department of Homeland Security Washington Navy Yard Bldg 4 10, 245 Murray Drive W.S. W. Washington DC 20528 Eric M. Thorson Inspector General for the US. Department of Treasury 1500 Pennsylvania Avenue N.W. Washington, DC 20220 CPT. Pamela Barnett US Army Retired 2230 Sunset Blvh. Ste, 340-160 Rocklin, California 95865

I do declare and certify under penalty of perjury:
uatea: August q, LU I L. Brooklyn, New York
ch=opherEarl : Strunk in esse 593 Vanderbilt Avenue - #28 1 Brooklyn., New York 11238 (845) 901-6767 Email: chris@,strunk.ws

(

Christopher-Earl: Strunk, United States ex rel. V OBAMA ET AL Appeal Case No: 12-5289 EX RELATOR APPELLANT’S AFFIDAVIT IN SUPPORT NOTICE OF MOTION TO RECONSIDER, STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 AND RENEW TO CALENDAR

Exhibit 4

September Term, 2012
1:10-CV-00486-RCL Filed On: December 14, 2012 [ i 4 i o i 3 q

Christopher Earl Strunk, United States ex rel., Appellant

Barack Hussein Obama, also known as Barry Soetoro, et al., Appellees
ORDER

Because appellant has not paid the appellate docketing fee in this case, and the district court has denied appellant leave to proceed on appeal in forrna pauperis, it is
ORDERED, on the court's own motion, that by January 14, 2013, appellant either pay the $455 appellate docketing and filing fees to the Clerk of the District Court, see -Fed. R. App. P. 3(e); 28 U.S.C. § 1917, or file a motion in this court for leave to appeal in forrna pauperis, Fed. R. App. P. 24(a). See Enclosure.

see

A request for appointment of counsel does not relieve appellant of the obligation to file responses to any motion filed by appellees or to comply with any order issued by the court, including a briefing schedule. Failure by appellant to respond to a dispositive motion or comply with any order of the court, including this order, will result in dismissal of the case for lack of prosecution. See D.C. Cir. Rule 38. The Clerk is directed to send a copy of this order to appellant by certified mail, return receipt requested, and by first class mail.
FOR THE COURT: Mark J. Langer, Clerk

BY:

Is/ Laura M. Chipley Deputy Clerk

Christopher-Earl: Strunk, United States ex rel. V OBAMA ET AL Appeal Case No: 12-5289 EX RELATOR APPELLANT’S AFFIDAVIT IN SUPPORT NOTICE OF MOTION TO RECONSIDER, STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 AND RENEW TO CALENDAR

Exhibit 5

JHniieb B t a f e e Mnuri o f &ppenle
FOR THEDISTRICT OF COLUMBW CIRCU~

September Term, 2012
1:101~~100486-RCL
Filed On: April 2, 2013

Chhstopher Earl Stnrnk, United States ex r e ! . , Appellant

Barack Hussein Obama, also known as Barry Soetoro, et al.,

Appellees
BEFORE:
Garland, Chief Judge, and Tatel and Brown, Cimif Judges
ORDER

Upon consideration of the motion for leave to proceed in forma pauperis, it is

ORDERED that the rnoti& for leave to pmceed on appeal in f o n a pauperis be denied. The district court correctly determined that the appeal is not taken in g o d faith. See 28 U.S.C. 5 1915(a)(3); Fed. R. App. P. 24(a)(3)(A); Ellis v. United states, 356 US. 674,674 (1958) (per curiam) ("In the absence of some evident improper motive, the applicant's good faith is established by the presentation of any issue that is not plainly frivolous."). It is
"rc

FURTHER ORDERED that appellant pay the full appellate filing and docketing fees of $455 to the distrjct court within thirty days of the date of this order or this appeal; will be dismissed. See Wooten v. District of Columbia Metropolitan Police Department, 129 F.3d 206,208(D.C. Cir. 1997) ("If he i s foolish enough to pay [the fee] to have us say essentially what we have already said about his case, his appeal may proceed.").
The Clerk is directed tosend a copy of this ordei tq appellant both by certified mail, return receipt requested, and by first class mail.
Per Curiarn

Christopher-Earl: Strunk, United States ex rel. V OBAMA ET AL Appeal Case No: 12-5289 EX RELATOR APPELLANT’S AFFIDAVIT IN SUPPORT NOTICE OF MOTION TO RECONSIDER, STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 AND RENEW TO CALENDAR

Exhibit 6

AFFIDAVIT OF TRUTH
Notice of Rescission of Signatures of SuretyshieNUNC PRO TUNC

Accordingly, I, Christopher Earl: Stmnk, i n esse and sui jurfs, being duly sworn, depose and declare under penalty of perjury that:

I, Christopher Earl: Strunk, hereby rescind and revoke Nunc Pro Tunc every signature of suretyship, public and private, ever provided by Affiant on behalf of the New York business trusuartificial persodstatutory Public U.S. citizen "CFFRISTOPHER EARL STRUNK ," created on January 24, 1947;

This AFFIDAVIT OF TRWH: Notice of Rescission of Signatures of SuretyshipNWNC PRO TUNC extends to every public government contract-federaI, state, county and city. This rescission and revocation of public signature of suretyship includes, but is not limited to, the initial application for a social security nurnber/taxpayw identification number;every individual andlor corpomte tax retm ever filed, be it federal, state, county and/or city; the initial application for selective service in the Armed Forces of the United States; every application for an individual driver" license. federal and/or state, as well as every driver" license, federal and/or state; everq. app tication for a United States passport as we1 l as every issued United States passport: every application for voter registration as well as every voter registration card; and every other public government contract, known and unknown, evidencing a signature of suretyship;

This AFFIDAVIT OF TRUTH: Notice of Rescission of Signatures of S u r e t y s h i v NUNC PRO TUNC extends to every private business contract. This rescission and revocation of private signatures of suretyship includes, but is not limited to, every application for a bank account, individual and business; every application for any form of insurance, including life insurance, motor vehicle insurance, business insurance, and home insurance; and every other application involved in any private business endeavor andlor private investment evidencing a signature of suretyship; This AFFR;)AV1T OF TRUTH: Notice of Rescission of Signatures of SuretyshipNUNC PRO TUNC is retroactive to the date of January 24, 1947, the date of the public filing and registration of affiant's Certificate of Live Birth in the State of New York, County of New York within the city of New York.

This AFFlDAVIT OF TRUTH: Notice of Rescission of Signatures of Suretyship-NUNC PRO TUNC aIeng with a true copy of the CommerciaI Security Agreement amrmed April IS,20 13 (attached) on which it is based, will be kept by the Kings County Clerk on file as part of the Case 2 1948-2012 at the public office of Kings County Supreme Court 360 Adams Street Brooklyn 9.120I as of the I~ day of May, 20 1 3.

Further Affiant Sayeth Not.

Christopher Earl: Strlrnk, American Freeman, in esse and sui _juris Private Citizen of the United States of America Private Citizen of the state of New York Private Resident of the County of Kings All Rights Resewed

STATE OF NEW YORK

)

BEFORE ME, on this day personally appeared Christopher Earl: Strunk known to me to be the person described herein and who solemnly affirmed that every statement given above was the whole truth to the best of his knowledge.
Subscribed and Affirmed before me on this of ,2013.

NA\L

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I-IP.RRV HELFENEALI?:7 C o v i r n ~ s ~ i o 0~ 4 e37nds r Clip of ~ F W YO'^ - N Q . ~ - Y R ~ Cert~l!c? F:lorl : ~ i~ 7icbwnr6 Conlrn,ss:on T - X D I ~ P S ::]me 30. 2 0

Notary Publi

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Commercial Securitv Agreement
Parties
The parties to this Commercial Security Agreemcnr, intending to be legally bound by ail the terms and conditions stated below, are within the standards and norms of the International Commercial Codc, and applies to the parties as follows:
1. Christopher Earl: Strun k (secured party/creditor of CHRISTOPHER EARL STRUNK), a de jure Private Citizen of the United States of America Prira tely Residing at his Common Law domicile located at 593 Vanderhilt Avenue of Brooklyn within thc city of New York and the county of Kinps subdivision of the State of New York. (See Exhibits I & 2 . )

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And,

2. CHRISTOPHER EARL STRUNK (dcbtor to Christopher Earl: Strunk), a statutory plrhlic citizen of the United States, priblicly residing at 593 Vandcrbilt Avenue PMBos 28 I of Brooklyn, NY. 1 1238. (See Exhibit 2.)
Terms

1 . Christopher Earl: Strunk, secured partylcrcditor of debtor CHRISTOPHER EARL STRUNK, agrees to use the name of dcbtor "CH H ISTOPRE R EARL S T R U N K in all public and private contracts far the benefit of the sccured party/creditor.

2. CHRISTOPHEH EARL STRUNK. debtor to secured party/creditor Christopher Earl: Strank, agrees to appoint secured party/creditor to bc its Agent with a general power of aaomcy to execute all public and private commercial contracts using the name of debtor "CHRESTOPHER EARL STRUNK" as a transmitting utility for the benefit of the Agent/secured garty/creditor in the use and management of the Agent's personal and real property. Further, debtor CHRISTOPH.EHEARL STRUNK hereby conveys all right, title and interest to any and a\ l property, reaI or personal, held or registered in the name of dehtor "(71EIUSTOPWEREARL STRUNK,"to secured partylcrcdizor Christopher Earl: Strunk. This propcrty includes, but is not limited to. all assets, liabilities or accounts held in the debtor-s name or for the benefit of the debtor w-hich the debtor or partially owns, or in which the debtor has a security interest, as well as vehicle rcgistrat ion certificates, deeds or contracts regarding real property, stocks and bonds, accounts. notes and judgments receivable. all life or health

Cornmercial Securitv Agreement

insurance policies and any private trust account held by the United States Treasuty o r any other account held by an office of the United States. This conveyance is NUNC PRO TUNC, its effective date being January 24, 1947. the date of the fiIing of a Certificate of Live Birth in the name of "CW RCSTOPHER EARL STRUNK" hy the State of New York. (See Exhibit 1 .)
3. Christopher Earl: Strunk secured partylcreditor, shall not be personally liable for the public or private debts of debtor CWSTOPH'ER EARL STRUNK. since Christopher Earl: Strunk is not surety for CHRISTOPHER EARL STRUNK as a matter of public record. (See Exhibit 1.) Christopher Earl: Strunk shall he liablc for his own public and private debts incurred in the use o f the name of the debtor

"CHRISTOPHER EARL STKUlrFK."
4. This Commercial Securip Agreement shall begin to be i n full force and effect upon its filing and keeping with a public office of the State ofNew York, and specifically

witnessed by t h e below Notary Public. I f this Ayreement may not be considered to be a binding bilateral contract by a cowrt of record, then it shall be held to be a Unilateral Contract Under Seal meeting thc requirements of specific intent, being in writing, signed. sealed and filed with a puhlic ofice.

Duration

The life of this security asreemcnt shall continuc until the natural death of Christopher Earl: Sbmnk and or his successor in interest or the State of New York or its successor in interest terminates the leyal existence of business trust organization CHRISTOYFFER EARL STRUNK.

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CH"R.ISTOPHXREARL STRUNK
DATE

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STATE OF

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COUNTY OF KINGS

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BEFORE ME, on this day personally appeared Christopher Earl: Strunk known to me to
be the natural person described herein and who solemnly a f f m e d in quadruplicate that

every statement given above was the whole truth to the best of his knowledge; and

AFFIRMS this Commercial Secr~rity Agreement. as a matter of public record, that the ORIGINAL with certified copies of Exhibits annexed will bc kept on file under seal at the public office of the Clerk of the Kings County Swrroyate Court of the State of New York i n
accordance with the State of New York C W E R 17B Estates Powers and Tmst law. as

instructed by Affmant of the Clerk and as duly served upon the Clerk with the necessary filing lee by the United States Postal Service, evidenced by certified mail with return receipt
no.: 70103090000192292993 as of this
Subscribed and Affirmed before me on this
day of M

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U M A L P. $0N1, Notary Public 26 Court Street County of Kings Brooklyn, New York 1 1201
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Commercial Securitv Agreement
Eric .Ion: Phelps (secured partylcreditor of EM C JON PmLPS). a dej w e Private Citizen of the United States of' America Privately Residing at Common Law in his home located at 203 South. Fort Zellcrs Road. in the town of Newmanstown, on the lmd of Lebanon County, in thc Cntmonwealth of Pennsylvania.

this Commercial Security Agreemeac as a matter of public record. with the undcrstandi ng that the OR1GINAL with certified copies of Exhi bits annexed will be kept on tiIc under seal at the public officeof the Clerk of the Kings County Surrogate Court of the Statc of New York in accordance with the S a t e of New Y ork CHAPTER 17B Estates Powers and Trust law as a required witness for Christopher Earl: Strunk and or his successor in interes~ nr the State s f New York or ib successor in interest terminates the legal existence of business trust and as if a last wil E and testament according to law
BEFORE ME, on this day personally appeared Eric Jon: Phelps known to me to be the natural person described herein and who solemn1y al'fimed that every statement given abovc subiect to thc final execution and filing of this Commercial Security Agreement was the whole truth to the best of his knowledge. / ;/ & I Subscribed and Affirmed before me on this day of Ma~eh.2013.
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Bill ~lertzo~;!,Notir~ ,public
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Revised Article 9 UCC Search
UCC Search Results
File amendment to this UCC

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k t u m to search -1

'File number: Filing date: Lapse date: Status:

2012-2614943-04 12/12/2012 4:57:28 PM 12/12/2017 4:57:28 PM A - Active

ACTIONS
Actlon Initial financing Statement

F i l e Date 12/12/20124r5f :28 PM

Status -.
Active

- Filed online

NAMES
Debtor/Secuted Parw/Fller Debtor CHRISTOPHER EARL STRUNK OrgID: 03766 Type: BUSINESS TRUST ~ukisdiction:NEW YORK
Dats Added

Address

12/12/2012 4:57:28 PM

593 Vanderbllt Avenue - 281 Brooklyn NY 11238
593 Vanderbift Avenue Brooklyn NY 11238 593 Vanderbilt Avenue Brooklyn NY 11238

Secured Party
Chsisto~her Earl StrunkFlier Christopher Earl Strunk

12/12/20124:57:28 PM

- 281 - 281

12/12/2012 4:57:28 RM

COtlLATERAL DESCRIPTION Date Filed Collateral Description

12/12/20124:57:28 PM

THE FOLLOWING ITEMS ARE ENTERED INTO THE COMMERCIAL REGISTRY ACCEPTED FOR VALUE EXEMPT 'FROM LEVY ALL PROPERTY OF DEBTOR INCLUDING ORGANIZATION NAME, "CHRISTOPHER EARL STRUNK".

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IMAGES
Document Type UCC Filing - Initial financing Statement
PDF
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Tiff Image File Date

Pages

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Q E P U R CLERK

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NOTICE OF RELEASE WITHOUT CONSIDERATION
TO
: STATE OF NEW YOFX, Releasee
-&

I N RE : USWFRUCT 'CIWISTQPHER EAF& WRUNK," ' C H R J S T O ? ~ , s ? ; K ~ ~ ~ ~ ~ # r i s t a E. p hSkunk" er 1 h~rrhy rertic the wi t $ i ~ and fowgaing to be FROM: Christopher Earl Strunk, in esse Releasor a trw. correct and cnmalete cow . . o " h e orirind that ap ea - f r~corrlIR this o f f i ~ ~ , STATE OF NEW PORK ) n i s -L&pr - - - - - r o -2012

COUNTY OF KINGS

1 =* 1

Deputy Cl~rk, L ~ r n Superior ~r Co~irt Accordingly, I, Christopher-EarI:Strunk in esse (Releasor)being duly snTom,depose and say under penalty of perjury:

Re Ieasor until further notice i s located for service at 593 Vanderbilt Avenue -28 1 Brooklyn, New York 1 1238 within the State of New York subdivision of the city o f New York.
I, Christopher-Earl: Strunk in esse, absolutely release all personal property interests, legal and/or equitable, i n the public United States Citizen aCHRESTOPHER EARL STRUNK* created on January 24, 1947, upon the filing of the trust instrument i n the State o f New York subdivision County of New York within the City of New York, the USUFRUCT Deed Certificate No.: 03766 with t h e CertiFication of Birth NO0232437 (see Exhibit A). I, Christopher-Earl: Strunk i n esse, reserve all personal propem sights. Legal and equitable. granted or secured by the Constitution of the United States. the Constitution of the State of New York and related law. I, Christopher-Earl: Strunk in esse, intend no longer to be the SureQ for the State-created public United States Citizen "CHRISTOPHER EARL STRUNK," 'CHRISTOPHER E. STRUNK," "ChristopherE. Strunk" or any derivative of the "nom de guesre" thereof, such as 'CHRISTOPHE R. STRUNK with ID NO. UX94571Am.

I, Christopher-Earl:Stmnk i n esse, presently a resident of the State o f New York, intend to return to my
former natural-born Citizen status conferred at my natural birth on January 23, 1947 of licensed Citizens, that status being a private individual United States Citizen conferred by Section 1 of the Fourteenth Amendment to the United States Constitution,and further de5ned i n Hale v HmkeI ,20 1 US 43,74.

I, Christopher-Earl: Strunk i n esse, intend to be legally bound by this Release executed and delivered in accordance with Chapter 17-B o f the State o f New York Estates, Powers and Trusts Article 1 0 Section 9.2 Release of a power of appointment This Release renders null and void any previous Release filed with any third party record keeper of the State of New York and or subdivision(s).

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NOTICE OF RELEASE WITHOUT CONSlDERATION

Exhibit A

MMAR COUNTY. GA. SUPERIOR CQUF
BPA BOOK
PAGES I ' f 4

DEPUTY C

STATE OF NEW YORK SUBDMSION COUNTY OF NEW Y C WITHIN THE CITY OF NEW Y O R

TO

: STATE OF NEW YORK, Releasee

C / O THE CLEFX OF THE COUNTY OF NEW YORK with Chapter 1 7 I 3New York State Estates, Pou~ers and Tmsts m c l e 10 Section 9.2 Release ofa power o f appoinhent

IN RE : USUFRUCT "CHRISTOPHER EARL STRUNK," 'CHRISTOPHER E. STRUNK," "ChristopherE. StrunK

. FROM:

Christopher Earl Strunk, in esse Releasor

NOTICE OF RELEASE WITHOUT CONSIDERATION

Exhibit A - USUFRUCI' Deed Certificate No.: 03766 with Certification of Birth NO0232437

Dated:

New York, New York , 9 20x2

+,

Christopher Earl S t r u n k i n esse Releasor 593 Vanderbilt Avenue -281 Brooklyn, New York 1 1238

STATE OF GEORGIA SUBDMSION COUNTY OF LAMAR

TO

: STATE OF NEW YORK,Releasee

C / O THE CLEW OF THE COUNTY OF LAYAR STATE OF GEORGIA WITHIN TOWN OF RARNESVILLE,GEORGIA with Chapter 17-5of t h e New York State Estates, Powers and Tmsts Article I0 Section 9.2 Refewe ofapower of appointment Sub-Sem'on (c) Such release may be delivered to any of rhc following: (3) Any person, other than the donee. who might be adversely affected by an exercise of the power.

M RE : USCTFRUCT "CHRISTOPHER EARL STaUNK," UCHRISTQPHER E.S'IRUNK," "Chiaopk E.Strunk"

FROM: Christopher Earl Strunk, in esse Releasor

NOTICE OF RELEASE WITHOUT CONSIDERATION
Exhibit A USUFRUCT Deed Certificate N o . :63766 with Certificationof Birth NO0232437

-

Back cover of the October 1,201 2 submission tendered in New York Caunly.

Dated:

Brooklyn, New York October 9 , 2 0 1 2

Christopher-EarI: Strunk i n esse Releasor 593 Vanderbilt A v ~ n u e-281 Brooklyn, New York 1 1238 Phone 845-90 1-6767 Fmail: chris@strunkws

TO:The Honorable Dareen A. Quinn,
Chief Clerk of the

KWGS COWNTY SURROGATE COURT 2 Johnson Street Brooklyn, N Y 11201 Phone : 347-404-9708
Subject: Filing under seal of the Christopher Earl: Shvnk last will in tcstament for safekeeping under the State of New York Chapter 17-B of the Estates Powers and Trust Law.

I

Afirmed Corn mercial Security Agreement pages 1 through 4 with

Ekhibit 1 : Christopher-Earl: Strunk UCC Jnitial Financing Statement 12112/20 12
4:57:28 PM :2012-2614943-04 Active - Filed online

Exhibit 2: NOTICE OF RELEASE WITHOUT CONSIDERATION
Exhibit A - USUFRUCT Deed Certificate No,: 03766 with Certification of
Birth N00232437. Recorded by the Lamar county Georgia Superior court clerk

1
I

on October 1 5,20 12 at 4:44 PM RPA book 28 Pages 172 through 175.

I

Dated:

Brooklyn, New York
April 15,2013

Christopher-Earl: Strunk i n esse 593 Vanderbilt Avenue -28 1 Brooklyn, New York 11238 Phone 845-90 1-6767 Email: chris@strunk.ws

Christopher-Earl: Strunk, United States ex rel. V OBAMA ET AL Appeal Case No: 12-5289 EX RELATOR APPELLANT’S AFFIDAVIT IN SUPPORT NOTICE OF MOTION TO RECONSIDER, STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 AND RENEW TO CALENDAR

Exhibit 7

Workspace Webmail :: Print

https://email06.secureserver.net/view_print_multi.php?uidArray=22951|...

Print | Close Window Subject: U.S. Postal Service Track & Confirm email Restoration - 70103090000192293013 From: US_Postal_Service@usps.com Date: Wed, Aug 07, 2013 2:00 pm To: chris@strunk.ws

This is a post-only message. Please do not respond. Christopher Strunk has requested that you receive this restoration information for Track & Confirm as listed below. Current Track & Confirm e-mail information provided by the U.S. Postal Service. Label Number: 70103090000192293013 Service Type: Certified Mail™ Shipment Activity

Location

Date & Time May 28, 2013 4:11 am May 26, 2013 12:36 pm May 26, 2013 11:33 am May 24, 2013 12:30 am May 23, 2013 May 23, 2013 1:43 am May 22, 2013 5:42 pm May 22, 2013 3:36 pm

-------------------------------------------------------------------------------------------------------------------

Delivered Available for Pickup Arrival at Unit Processed through USPS Sort Facility Depart USPS Sort Facility Processed at USPS Origin Sort Facility Dispatched to Sort Facility Acceptance

WASHINGTON DC 20220 WASHINGTON DC 20220 WASHINGTON DC 20018 WASHINGTON DC 20066 BETHPAGE NY 11714 BETHPAGE NY 11714 BROOKLYN NY 11201 BROOKLYN NY 11201

USPS has not verified the validity of any email addresses submitted via its online Track & Confirm tool. For more information, or if you have additional questions on Track & Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track & Confirm tool at http://www.usps.com/shipping /trackandconfirmfaqs.htm.
Copyright © 2003-2013. All rights reserved.

1 of 1

8/7/2013 5:25 PM

Christopher-Earl: Strunk, United States ex rel. V OBAMA ET AL Appeal Case No: 12-5289 EX RELATOR APPELLANT’S AFFIDAVIT IN SUPPORT NOTICE OF MOTION TO RECONSIDER, STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 AND RENEW TO CALENDAR

Exhibit 8

TO:
.,

Clerk ofthe Court U.S. Court ofAppeals District of Columbia Circuit 3 33 ConstitutionAve., NW Washington, D.C., 2000 1
Enclosed filing fee of $455.00for Chris St-sunk
ReFmmticm Bible TruSt 203 South Fort Zellers Rd. Newmanstown, Pennsy1mni24 [ I 70731

IN RE:
FROM:

Dear Clerk of Court,

Enclosed 13 a PMO for $455.00 as payment for the filing fee i n the case of:
v

Christapher Stntnk v, Barack Obamq et a1 Case numba 12-5284 CW m m b E~ :10-W-00486-RCL

Thank you for your prompt payment of this fee.
Sincerely,

Eric Jon Phelps Elder Bishop, Reformation Bible Puritan Baptist Church

-

,

uSCA Case #12-5289

Document #I428475

Filed: 0410212013

Page 1 of 1

Pnifeh Bfxfee Chmrt af Bppenls
'FOR THE D I S T R OF I ~ COLUMBIA CIRCUIT

No. 12-5289

September Term, 2012
Filed On: April 2, 20 13

Christopher Earl Strunk, United States ex rel., Appellant '
Barack Hussein Obama, also known as Barry Soetoro, et al.,
... .
- .

-

-

-

. --

Appellees

BEFORE:

Garland, Chief Judge, and Tatel and Brown, Circuit Judges

ORDER
Upon consideration of the motion for leave to proceed in dorma pauperis, it is

ORDERED that the motion for leave to proceed on appeal in forma pauperis be denied. The district court correcfly determined that the appeal is not taken in good faith. See 28 U.S.C. 5 7 9 15(a)(3); Fed. R. App. P. 24(a)(3)(A); 356 U.S. 674,674 (7958) (per curiam) r l n the absence of some evident improper motive, the applicant's good faith is established by the presentation of any issue that is not plainly frivolous."). It is

FURTHER ORDERED that appellant pay the full appellate filing and docketing fees of $455 to the district court within thirty days of the date of this order or this appeal will be dismissed. See Wooten v. District of Colurnbia Metropolitan Police Department, 129 F.3d 206,208(D.C. Cir. 1997) ("If he is foolish enough to pay [the fee] to have us say essentially what we have already said about his case, his appeal may proceed.").
The Clerk is directed to send a copy of this order tq appellant both by certified mail, return receipt requested, and by first class mail.

I
-- --

Per Curlam

September Term, 2012
Filed On: December i 4,201 2 [ I ~ ~ M W

Christopher Earl Stnrnk, United States ex

re\.#
Appellant

Barack Hussein Obama, also known as Barry Soetoro, et a!.,
Appellees ORDER
Because appellant has not paid the appellate docketing fee in this case, and the district court has denied appellant leave to proceed on appeal in forma pauperis, it is
ORDERED, on the couffs own motion, that by January 14,2013, appellant either pay the $455 appellate docketing and filing fees to the Clerk of the District Court, Fed. R. App. P. 3(e); 28 U.S.C. 5 1917, or file a motion in this court for leave to appeal in foma pauperis, Fed. R. App. P.24(a). See Enclosure.

see

see

A request for appoiptment 05 counsel does not relieve appellant of the obligation
to file responses to any motion filed by appellees or to comply with any order issued by the court, including a briefing schedule. Failure by appellant to respond to a dispositive motion o r comply with any order of the court, including this order, will result in dismissal

of the case for lack of prosecution. See D.C.Cir. Rule 38.

The C l e r k is directed to send a copy of this order to appellant by certified ma!!, return receipt requested, and by first class mail. FOR THE COURT: Mark J. Langer, Clerk

BY

Is1

Laura M. Chipley
~ebuty Clerk

Christopher-Earl: Strunk, United States ex rel. V OBAMA ET AL Appeal Case No: 12-5289 EX RELATOR APPELLANT’S AFFIDAVIT IN SUPPORT NOTICE OF MOTION TO RECONSIDER, STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 AND RENEW TO CALENDAR

Exhibit 9

Seven Transitions of American Citizenship

Summary of Seven Transitions
Transition I
1. Fourteenth Amendment, 1868. Citizenship intended for both Whites and Blacks. White Private U.S. Citizenship of Article IV, Section 2, and fully described in the pristine Dred Scott decision, is eliminated. Citizenship to be “National” as opposed to the former “Federal” Citizenship for Whites only termed “White American Freemen.” National Citizens, White and Black, are “American Freemen.” New Citizenship creates a “New Republic” that is “National,” not “Federal” as was the previous American citizenship as per Article IV, Section 2 of the U.S. Constitution. Reversed Origin and Character of American Citizenship, U.S. citizenship being “paramount and dominant,” state citizenship being “subordinate and derivative.” Modifies and Alters Constitution, the Form of it being unchanged, its Substance being wholly changed. The “New Republic” of the United States of America remains a de jure Republic in Form, but is a de facto Empire in Substance.

Transition II
2. Slaughterhouse cases, 1873. Supreme Court rules privileges and immunities of the new 14th Amendment American citizenship do not include “fundamental rights,” do not include “common law rights” and later, do not include the first eight Bill of Rights, Maxwell v. Dow (1900); Twining v. New Jersey (1908).

44 of 56

Seven Transitions of American Citizenship

Transition III
Pursuant to the design of the Jesuit Order in its Counter Reformation plot to overthrow all limited governments of Western Civilization born out of the Protestant Reformation, the Jesuits planned to impose absolutism in America. The Order realized the Congress had constitutionally limited powers to legislate over the Private U.S. Citizens living in the states. The Order also knew the Congress had constitutionally unlimited powers to legislate over the inhabitants living in territories of the United States as decided 1901 in Downes v Bidwell, 182 U.S. 244. (Knight of Columbus Justice Edward White, educated by the Jesuits of Georgetown University, was a part of that radical decision having departed from the established holding of the Court that constitutional limitations on Congress in legislating for a state were the same as for a territory.) If you add the absolute power of Congress to regulate commerce, then why not plot to reduce the states to mere conquered territories to be “temporarily” ruled by an emergency war powers military government while simultaneously conferring a new, corporate/business-styled, Public U.S. citizenship on the once Private U.S. Citizens, who, as a whole, composed the Sovereign Body that created the Constitution imposing express limitations on the Legislative, Executive and Legislatives branches of government? The sovereignty of the People would be transferred to the government, the people then to be ruled by legislative absolutism of Congress, its myriad of statutes to be enforced by the courts, federal and state, sitting in Legislative Equity. This plot would be set on course with the public filing of a Certificate of Live Birth. 1. Birth Certificates, 1900-1910 Birth Certificates begin to be filed in the States during the first decade of the 20th Century. Their open-but-false purpose is to merely record the birth of babies/natural persons. Their secretbut-true purpose is to act as unilateral contracts under seal by operation of law, each creating a statutory, artificial person/business trust/Public U.S. citizen with an all-caps name of war (“nom de guerre”). The 14th Amendment individual Private U.S. Citizen/natural person, with the same name of the statutory Public U.S. citizen, though his name is in both upper and lower case letters (Christian name), will, in 1933, consent by silence to be subordinate Surety for the state-created Public U.S. citizen.
45 of 56

Seven Transitions of American Citizenship

Transition IV
2. Emergency War Powers Proclamation, March 9, 1933 Amended “Trading With the Enemy Act,” March 9, 1933 Courts of the Empire, federal and state, become Emergency War Powers courts. In Personam Jurisdiction is now obtained over the Private U.S. Citizen/natural person through his artificial person/Public U.S. citizen for which he is subordinate Surety and with which he is bonded, wedded and merged into one quasi-corporate, individual Public U.S. citizen. This new statutory Public status acts in conjunction with the statutorily amended “Trading With the Enemy Act” which confers a military process upon all Constitutional civilian courts, federal and state. That artificial person/creation-of-the-state-of-birth, statutory Public U.S. citizen is attached to the natural person/14th Amendment Private U.S. Citizen who unknowingly acts as servile Surety for the artificial person with which he is bonded into one new hybrid individual Public U.S. citizen. This In Personam Military Jurisdiction, springing from the above Emergency Proclamation and amended “Trading With the Enemy Act,” to be deceptively wielded over the individual Christian man/14th Amendment American Private U.S. Citizen bound to his artificial person/Public U.S. citizen, is a judicial secret—a legal fiction concealing the fact that Private U.S. Citizenship has undergone a change—to be known only to the Emergency War Powers judges, federal and state. The second legal fiction is that the government of the United States has undergone a change. It is a Republican government in form but a Military government in substance. The De Jure Republican government of the United States is a creation of the Sovereign People of the United States according to the Preamble to the Constitution. The Military government of the United States is a creation of both the Congress and the President acting in his capacity as Commander in Chief. The Congress imposes a Military government by way of a war statute, the amended “Trading with the Enemy Act” of 1917. The President issues his Proclamation 2040 derived from that amended federal statute.
46 of 56

Seven Transitions of American Citizenship

Transition V
3. House Joint Resolution 192, 1933 All payments in gold are suspended, national bankruptcy declared by the de facto Military Government as a matter of federal statute. All debts of the de facto American Empire under de facto Military Government can now be discharged with negotiable instruments, legal tender, to the exclusion of gold. As a result, all the artificial persons/individual Public U.S. citizens on file with the States are given a monetary value to serve as collateral for all credit extended to the U.S. Congress by the pope’s Federal Reserve Bank. The de facto Empire is to have unlimited war-making power. Thus, for the Federal Reserve to extend unlimited credit, there must be securities with unlimited collateral to secure that debt. Those securities with unlimited collateral are all of the Birth Certificates, having created quasi-corporate, artificial persons/individual Public U.S. citizens, on file with both the state and federal government. What gives value to the artificial person/individual Public U.S. citizen is its Surety, the individual Christian man, 14th Amendment Private U.S. Citizen. In Washington, the Birth Certificates (unilateral contracts under seal) filed on a State level are noticed by (but not filed with) the Bureau of the Census under the Department of Commerce. 4. Social Security Act, 1935 Every Artificial Person/Public U.S. citizen is given a commercial/quasi-corporate social security number. Every Public U.S. citizen (the commercial vessel of the Private U.S. Citizen with which he is merged as Surety) is insured for its engaging in interstate and foreign commerce. The Public U.S. citizen has been deemed collateral and brought into commercial service via the Emergency War Powers Proclamation of 1933 and is now “at sea,” no longer in port near the land. Hence the Private U.S. Citizen/Surety is also “at sea,” no longer on the land upon which God created him. (Like Dorothy, he is now in the land of Oz!) The Surety/Private American citizen is bound to his principal/ Roman persona in world war and world commerce---all for the benefit of Washington in service to the Jesuit Papacy!
47 of 56

Seven Transitions of American Citizenship

Transition VI
5. Erie Railroad case, 1938 Swift v. Tyson (1842) overruled; no more federal general common law of any type, procedure or rights. The Private U.S. Citizen, submitted to his Public U.S. citizen statutorily controlled by the de facto Military Government created by federal statute and ruling the United States, can no longer limit the federal courts to federal common law procedures. How can he? He is wedded/bound to his statutory state-created Public U.S. citizen possessing no Common Law rights whatsoever! All is now, in substance, Roman Civil Law procedure involving only artificial persons, be they corporations or individuals---the Public U.S citizens created by their trust instruments, the Certificates of Live Birth, via the clandestine and unnoticed operation of law. 6. Caroline Products case, 1938 Lochner v. New York (1905) overruled; no more common law rights protected by Supreme Court decisions. Lochner Era ends. The Private U.S. Citizen can no longer claim he has common law rights in federal court. Unknown to him, all is now privilege conferred through his principal/artificial person/Public U.S. citizen in commerce for which he is mere Surety. Silent judicial notice of his status in contract is taken by every court. Hence, when he cries out for his common law right to work to be recognized, the court states he has failed to state a claim upon which relief may be granted. Such was the case with this author in federal court in Allentown, Pennsylvania.

Transition VII
1. Truman’s Emergency War Powers Proclamation, December 16, 1950 2. Emergency War Powers de facto Military government declares perpetual foreign war. De Facto Congress never declares war again. 3. All Courts now Emergency War Powers courts using Military Process in handling criminal and civil actions of the pope’s American Empire while it wages its domestic and foreign wars for the benefit of Rome. _____________________________________________________________
48 of 56

Seven Transitions of American Citizenship

Comparison Between Artificial Persons:
State-created Public U.S. citizen with Surety/Private U.S. Citizen And State-created Public U.S. citizen: Corporation

Public U.S. citizen with Surety 1. Created by a State 2. Created by a Contract 3. Contract: Birth Certificate 4. Birth Certificate: A. B. C. D. E. In Writing Two Parties Signed Sealed by State Delivered/Filed w State Bureau of Vital Statistics F. No Intent to Contract G. How a Contract? Operation of Law 5. Natural Person A. Receives Benefit from State B. Do Business as: Artificial Person C. Surety for Persona D. CEO for Persona 6. Assigned SSN by IRS 7. Person under 14th Amend.
49 of 56

Corporation Created by a State Created by a Contract Contract: Corporate Charter Corporate Charter: A. B. C. D. E. In Writing Two Parties Signed Sealed by State Delivered/Filed w State Secretary of State F. Intent to Contract G. How a Contract? Express Agreement Natural Person Receives Benefit from State Do Business as: Artificial Person Surety for Corporation CEO for Corporation Assigned EIN by IRS Person under 14th Amend.

Seven Transitions of American Citizenship

8. IRS Summons/Audits 9. Pays Excise/Income Tax 10. In Commerce 11. Subject to War Powers Courts Federal/State 12. In Emergency War Powers Court: A. B. C. D. E. F. G. H. I. J. K. L. Civil Law Governs No Common Law No Common Law Rights Flag: Gold Fringe Borders In Personam Jurisdiction Over Artificial Person No In Personam Jurisdiction Over Natural Person Represented by Lawyer General Appearance Name in All Capital Letters Any Pleading Admits In Personam Jurisdiction Subject to Civil Suit Subject to: Criminal Prosecution

IRS Summons/Audits Pays Excise/Income Tax In Commerce Subject to War Powers Courts Federal/State In Emergency War Powers Court Civil Law Governs No Common Law No Common Law Rights Flag: Gold Fringe Borders In Personam Jurisdiction Over Artificial Person No In Personam Jurisdiction Over Natural Person Represented by Lawyer General Appearance Name in All Capital Letters Any Pleading Admits In Personam Jurisdiction Subject to Civil Suit Not Subject to: Criminal Prosecution (CEO Subject to Crim. Pros.) Corporation/CEO kept Separated in Proceedings May be dissolved: Why? Contract by Express Agreement No Common Law Remedy to Stop In Personam Juris?

M. Persona/CEO-surety not Separated in Proceedings 13. May not be dissolved: Why? Contract by Operation of Law 14. Common Law Remedy to Stop In Personam Juris?

50 of 56

Seven Transitions of American Citizenship

There have been many administrative remedies put forth for the last twenty years seeing to break this Roman Civil Law In Personam Jurisdiction. In the 1980s Leon Lechene and Lee Brobst’s “School of Sovereign Exchange and Allodium” (SEA) was one such attempt. One of the foremost remedies was the “Non-Statutory Abatement” put forth by Randy Lee’s American Jural Society in his The Book of the Hundreds during the 1990s. The remedy is a Counterclaim at Common Law by special restricted appearance demanding government to offer proof of claim that defendant is an individual Public U.S. citizen.

By our Individual Consent Through Silence to a Contract (Certificate of Live Birth) We became Surety for an Artificial/Public U.S. citizen —BUT— By the Government’s Consent Through Silence to a Contract (Release Without Consideration) We Cease to Be Surety for an Artificial/Public U.S. citizen By Operation of Law ―HOWEVER― The Military Jurisdiction of both Federal and State Courts Remains as it can only cease with the President As Commander-in-Chief Revoking Proclamations Issued on March 9, 1933 and December 16, 1950.

51 of 56

Seven Transitions of American Citizenship

According to the King James AV1611 Holy Bible born out of the Protestant English/Scottish Reformation, the Christian Man is not to be Surety for a Stranger:

“He that is surety for a stranger shall smart for it: and he that hateth suretiship us sure.” Proverbs 11:15

“A man void of understanding striketh hands, and becometh surety in the presence of his friend.” Proverbs 17:18

“Take his garment that is surety for a stranger: . . . Proverbs 20:16

52 of 56

Seven Transitions of American Citizenship

Law of Release
Release Without Consideration Unilateral Contract Under Seal 1. In Writing 2. Stated Intent a. Cease to be Surety for individual Public U.S. citizen b. Abandon Personal Property Rights in the Legal and Equitable Title to individual Public U.S. citizen c. Return to the Former Status of Fourteenth Amendment individual Private American Citizen no longer in Contract with the State government of the state of birth. 3. 4. 5. 6. Signed Sealed by Notary Public Delivered and Filed with State Clerk of Court/Prothonotary Executed pursuant to State Law Governing Release

Rescission of Signatures of Suretyship—NUNC PRO TUNC: No evidence exists that the Private U.S. Citizen ever signed any document, public or private, on behalf of the Public U.S. citizen. Thus, all property ever acquired by the Surety for the benefit of the Public U.S. citizen is now the property of the Private U.S. Citizen! Secured Party Creditor 1. Makes Fourteenth Amendment Private American Citizen Beneficiary and Agent of the Public U.S. citizen/DEBTOR’s property including the Private Treasury Account on Federal Level, not a State level. 2. Makes Fourteenth Amendment Private American Citizen Beneficiary and Agent of Public U.S. citizen/DEBTOR’s property including Driver’s License, Passport, Bank Accounts, etc., permitting interfacing in commerce with the all caps name while not being Surety for DEBTOR. Debtor conveys title to all property held by DEBTOR to the SPC as it is now the property of the SPC.
53 of 56

Seven Transitions of American Citizenship

Addendum: The Birth Certificate creates a “Trust.” Mother is the “Grantor” of the Property. Baby is the “Property” necessary to create the Trust/Artificial Person. Licensed Doctor is the “Grantee” for the State/Province. Birth Certificate is “Filed” with the State/Province. Birth Certificate creates an Artificial Person on State level. Grown Baby/Christian Man becomes Surety for Artificial Person. Artificial Person created for the benefit of both the State and National Governments. Hybrid Public U.S. citizen is the “Beneficiary” of Trust Corpus. Birth State is the “Trustee” of Trust Corpus/Artificial Person. By Christian Man Filing his “Release Without Consideration,” his “Rescission of Signatures of Suretyship—NUNC PRO TUNC,” a UCC-1 Financing Statement becoming a “Secured Party Creditor,” and then a Commercial Security Agreement, the roles are Reversed: I. Christian Man ceases from being “Surety” for commercial/individual Public U.S. citizen. II. Christian Man becomes the “Agent” of the commercial/individual Public U.S. citizen. III. State and Federal Governments continue to be the “Trustees” holding legal title to commercial/individual Public U.S. citizen. IV. Christian Man/Secured Party Creditor/Agent enjoys the beneficial use of the property once vested in the DEBTOR/Public U.S. citizen, the property having been conveyed to the Agent. Due to the Public U.S. citizen never owning the property acquired by the Private U.S. Citizen as a result of the filing of the above documents, DEBTOR has conveyed all right and title to the property he is holding to the Secured Party Creditor. SPC then uses the name of the DEBTOR to acquire property for his benefit and not for the benefit of the DEBTOR/Taxpayer. Since the DEBTOR/Public U.S. citizen/Taxpayer has no more income, no income tax returns need to be filed by the Agent. Public U.S. Citizen is as foreign and therefore all income is tax exempt.
54 of 56

Seven Transitions of American Citizenship

V. The Agent does not have any income as he is a Private U.S. Citizen not in privilege with any state of federal government. All property he acquires is for his benefit and not for the benefit of any statecreated entity. No income, thus, no need to file a return. The Private U.S. Citizen is a “nontaxpayer” standing outside of Title 26, the Internal Revenue Code.

ORGANIZATIONAL CHART Jesuit Rule of the American Judicial Branch of Government Jesuit Superior General Jesuit Assistants to Superior General US Jesuit Assistant to Superior General Ten US Jesuit Provincials to US Jesuit Assistant Jesuit Provincial, Maryland Province Province Jesuit Georgetown University Cardinal Archbishop of Washington, DC Jesuit Provincial New York Jesuit Fordham University Cardinal Archbishop of NYC

Council on Foreign Relations President of the United States President Franklin D. Roosevelt Emergency Proclamation Mar. 6, 1933 Military Government Established U.S. Supreme Court
Erie RR. Co. v. Tompkins 304 US 60 (1938)

Overturns Swift v. Tyson 41 US 1 (1841) (No more federal general common law)

President Harry Truman, 1945-1953 U.S. v Carolene Products 34 US 144 (1938) Emergency Proclamation Dec. 16, 1950 Overturns Lochner v NY, 198 US 45 (1905) Military Government under guise of (No more Supreme Court-protected Constitutional government individual common law rights) (Special Congressional Committee determines both EOs cannot be terminated by Congress, 1974) New Legal Era is born (1938-Present) New In Personam Military Jurisdiction

55 of 56

Seven Transitions of American Citizenship

Federal and State Courts of Record In Form: Civilian courts arising from Constitutions In Substance: Military Government courts arising from amended Federal statute, “Trading With the Enemy Act” and Proclamation, March 9, 1933. Military Process is evidenced by Military Colors displayed in Courtrooms Military Process is also Evidenced by Natural Persons being given all Upper Case lettered Names, i.e., “Name of War” called “Nom de Guerre,” In Preparation for Jesuit-controlled Fascist Martial Law. Fascist Martial Law First attempted in 1934; Plotted further in 1984 with Ronald Reagan/Oliver North “Rex 84” (21 Million “American Negros” to be sent to over 600 FEMA camps)

The End

56 of 56

Christopher-Earl: Strunk, United States ex rel. V OBAMA ET AL Appeal Case No: 12-5289 EX RELATOR APPELLANT’S AFFIDAVIT IN SUPPORT NOTICE OF MOTION TO RECONSIDER, STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 AND RENEW TO CALENDAR

Exhibit 10

Christopher-Earl: Strunk, United States ex rel. V OBAMA ET AL Appeal Case No: 12-5289 EX RELATOR APPELLANT’S AFFIDAVIT IN SUPPORT NOTICE OF MOTION TO RECONSIDER, STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 AND RENEW TO CALENDAR

Exhibit 11

QUO WARRANTO COMPLAINT WITH DEMAND FOR JURY TRIAL AND DECISION ON QUESTION OF FIRST IMPRESSION EXHIBIT A

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NOTlCE TO W E CLERK OF RECORDS

Ttit minnteyon d v e any recod, document, paper, proceeding, map, book or o d ~ m thing depOsitea with you, you are commhhg aim= against justice d m Revised S W t s of the United Stam First Section 43 Congms, Sections 5403,5407 aad 5408 totaling up to $9,000 in h w and up to 12 years in prison pm a&hvityaufailtoremrd T i t l e l 8 U S C ~ m 2 0 7 1 atsocaui-kqimpriisonmentand dkplification of&If p u t county attorney toid you not to file any documents like mine, yon are still rsspomible, as I da no acmpt rd-party-intebvenem. Any attorney, district attorney, or q m e parties and do not have a licu~se to make a legal detmmhation in h m the hwydng d am d l t h i s matter as they do not represent M e and Yau, the oomty c l e do not have the authority to r e p m t Me. Should You fail to uphold Your swom o& and +rm your duties I will h v e no choice but to rcwrd aaA€iiaaVit ofC r i m i d Complaint agahtst Your amd Liend a mpy to Your bonding company.

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Title I X X 4 ~ , - C W . 4 . CIUMES AGAINST JUSTICE
5 0 3 .

Every person who w i l l f u l l y destroys Mattempts to deshoy, or, with intent to steal or d m y , takes and carries away any mmd, paper, or promding of a c o w of justice, filed or deposited with any c l d or oEcer of so& court, or any papa, or document, o r record fled or depasikd i n any public ofice, or wid^ any judicial or public officer, &dl, withunt rehmce to the vaIue of the record,paper, d o m e d , or procGediag srr taken, pay a h e ofnot more than two thousand dollars, or s * imprisonment, at hard l a b , aot mwe thaa tree ywm, or both: [S* Q 8 54083411,54 t 4.1J Titie =.C - . - CH.4. CRIMES AGAINST msnm h, pablic-ds.)
SC5407. I ftwo or more peasons i n my State or Taritory conspire for the purpose ofimpeding hindering.o b c h g or defeating,ia any m , thed m come ofjustice in any State or Territory, with intent d q to my citizenthe equd protection of the laws, or to i n * him or his property fur lawhlly wforcin& or att~tllpting to enforce, the right of any person, or class of person, to the equal protection of thelaws, ewhofsochpersonshall beprmishedby a f i n e o f n o t l ~ t b a n ~ e h m d r e d n o r m o r e ~ f i v e thomaad dollam, or by imprkoammt, witb or w i t h u t harrl I&ra wt less than six month nor more tban six years, or by both sueh h e and imprisonmeai. S w 5 9 1977-1991,20042010,5506-5510.1 Tide LXX CIUMES. CK.4. CRIMES AGAINST JUSTICE (Conspiracy to defeat enfammart ofthe laws.)

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SEC5408. Evwy officer, having the custody of m y m r d , document, paper, or proceding specified i n e m fifty-fim hundrcd and three,who f m d d d y takes away, o r withdraws, or destroys any soah rwmd, docmmt, paper, or p m c d k g f i l e d in his OEM or depsitsd with him or in his cmtody, shall pay a fine of not more fhan two thougand dollars, or d e r imigrisoammtat bard labor not more than three yms, or bo€band W moreaver, Wcit h i s office and be foreva d k w a r d disqualified froan holding arry ofice u a d a the Govmment of the United S t a t e s . @esbyiug record by oEca in charge.)

S d o n 2071. Concealment, ternoval, or mutilation geblmlly
(a) Whoever wiifulIy and unlawfUfly c m c d s , removes, mutilates, obliterab, or d a m p , w attmnpts to do so, or, with intent to do so takes and canim away my record, proceeding, map, book, paper, documen5 or other thing, flbd or dtposited with any clak or o f i c a ofany mnd of the United W,or in any public office, or with any jdicia! orpublic o 5 c a ofh e United States, shall be ha under ihs title w imprisoned not more tban kyears, or both
(b) W h ,

M g the wstody ofmy such reed., proceeding, map, book, doarmeat, paper, or other thing, wiIlllly and d a w f d y conads, removes, mutilates, obliterates, fddies, or destroys the same, Bhall be fined unda this title or imprimned mot more than tbrae years, Mhth; d s h d forfeit his office andbe disqualified ftwn ho?di~~g any office mdu the United States. As used in this subsection, the t m u~ffi~e" does not include the oftice held by my pason as a reaired officer ofthe Armed F o m of the United States.

[While the misrcpresentetiw of a m a t e n d fact, pgst or present may eonslim basis for an infof 1 1 Viad." any act omission o r &ih holves a breach oflewl duty, mo r cmf~dencc justly r e p o d and is injurious m another. or hy which an undue advantage is taken of another, may become the hundation far t k o o ~ l m e r rofa t matetiid i n f of~fraud, aud wtren them is a duty to fact may b equally rts wrongful as t positive misctpnsenhtbn.T e x .Civ. App. 1943 Ruebeck t*, Hrt~tt.171 SW2d 895, Wwmed I v6 S1Ud 7382 I42 T m 167i I50 A. L.R
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(Party having supmior knowWge who takes ahan-

of mother's ignoramx of the law t o deceiivs him by studied canceatment or mismpremtatiwr can be held reqmsible fbr that conduct. rex. 1987. FinaSup&. Im v. rfbileneNati~~nul h k 726 SW2d S3A
[We(judge5j have na mom right t a decline ttu3 exercise ofjraisdiction which is given, (thb will include the county court of recodjradgg Victw CariIlo) than lo usurp tha~ which is n d given. The one or the other would be I to the C.nnstitution." Chhm v. 6 Kkut 264. (1821); U.S v. WiIJ, 499 US.2M.I
r ( 'W ) h e a a governmwa becomes a patw i n my imdhp company, i r diva^^ h l f , s ( l far tls tmcenc~ the mwactim of dmt cornparry. of its sovereign c b t c r , and t a b that ofa private c m . .-It &ends t o a level with t b a with whom it associate i ~ i fand , rakes the c w which b b g s to its asxxiahts and to the business

which is to be transacted.* &rnk tfUhiledSIata v. PI MI^ ' Bank rlfUmr~iu 22 US.904(lrP24I.J

["The United States as drawee of cdmmemial p p r stands in no dierent light tfian any o h r drawee." "The IJpited S t a t u does business on busirmtss terms.It is not exem@ fKHn the gem1 rules governing the ii@mand duties of drawees by the largmts of its deaIinp and its having& employ agents to do what ifdone by a principal in p m m would kave no mom for dmMW CI@& Mt C h v. United ,SCLICRP. 318 iLS. 36311943),]

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enforcing mem saaates do m o t act judicially, but rninkwialiy, having na judieial lmulunky, and unlike Corpts o f LAW, do not obtainjlPisdition by m i c e of p m mnor even by A m s t and Compelled Appemme." BanueII v. Qrir, 9 HOW& 336, 34x1

VWant uf jurisdiction may not be cured by m s m t ofthe ~ ' e s . I "~ i d . t r l r l i i t > n Asstxiation E CL R.323 US 310.3 13.1

[ Judicial Notice ]
1. ["A judgment rendered i n violation of due process is void" World Wde VoIKrwagot W d e r r , 444 US.286,29 I ; National Bmtk v. WiZey, 195 US 257; Penmyer v. Ne_t 95 US 7143

[" , . . the .mpkmmtsofdue process must b met Wore the court can properly assert in persomnt j ~ c t i o n " WeZIsFargo v. W e b Fargo,556 F2d 406,416.1
essential of due process of law." [. Notification of legal respnsibiity is w e C o d &v . Geaeral Combwdion Co., 269 US 385,3911
[. w A ~ w h i c h e i t h e r f o r b i & o r r e q ~ ~ d o ' m g o f m ~ i n ~ s o v a g u e t h a t men ofcommon intelligence must necessarily guess a t its meaning and differ as to its

application, violates the tmntial of due process of law." C o d I y v. General Comimction Co.. 269 U.S. 3 8539I]
[. nWheneverit appears that the court lacks subject matterjuzisdiction, the ant is obliged t o dismiss the actiua" Elly v. Coastal Cop., 503 U.S. 131,136-37; U S. v. Texar, 252 F. Supp 234,2541 n s challenged, the court cannotproceed when it clearly s p p e a ~ s [. " O n o e ~ c t i o i that the court lacks jurisdiction, the court has no authority t o reach merits, but, rather should d i e the & m ' ' Melo v, US, 505 F.2d 10261

is no d i d o n to ignore lack o f ~ c t i c m " Joyce v. US, 474 F 26 2151

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INTERPLEADER VERIFIED COMPLAINT IN USA & EX REL STRUNK V OBAMA ET AL. DCD

EXHIBIT 2

THE WHITE HOUSE
WASHINGTON

August 26,2009
Mr. Christopher Strunk Unit 28 1 593 Vanderbilt Avenue Brooklyn, New York 11238

Dear Mr. Strunk:
Thank you for contacting the office of President Barack Obama. The President appreciates your taking the time to voice your concerns and opinions. We would like to be of assistance to you; however, due to the separation of powers, it is not within our authority to become involved in legal matters. You must resolve this issue through the judicial system. Please be aware that you can visit www.usa.Pov or call 1-800-FEDINFO for information about Federal Government assistance. We hope your concerns are resolved to your satisfaction. Again, thank you for your correspondence. Sincerely,

..

F. Michael Kelleher Special Assistant to the President and Director of Presidential Correspondence

Christopher-Earl: Strunk, United States ex rel. V OBAMA ET AL Appeal Case No: 12-5289 EX RELATOR APPELLANT’S AFFIDAVIT IN SUPPORT NOTICE OF MOTION TO RECONSIDER, STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 AND RENEW TO CALENDAR

Exhibit 12

UNITED STATES COURT of APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT -------------------------------------------------------------x Christopher-Earl: Strunk, United States ex rel. 593 Vanderbilt Avenue - #281 Brooklyn., New York 11238 (845) 901-6767 Email: chris@strunk.ws Plaintiff, Appellant v. Barack Hussein Obama II (a.k.a. Barry Soetoro) Obama for America, Obama Victory Fund, Federal Election Commission, (FEC), U.S. Department of Homeland Security (DHS) U.S. Department of Treasury (DOT) and John and Jan Doe(s); XYZ Entities Defendants. Appellees -------------------------------------------------------------x Eric Jon: Phelps in esse sui juris agent witness AFFIDAVIT OF TRUTH as to His STATUS in support of EX RELATOR APPELLANT’S NOTICE OF MOTION TO RECONSIDER, STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 AND RENEW TO CALENDAR Accordingly, I, Eric Jon: Phelps © in esse and sui juris, the sole secured beneficiary and Agent of the Business Trust debtor organization ERIC JON: PHELPS, depose and declare that the following facts are true, correct and complete to the best of my knowledge and belief, under penalty of perjury pursuant to 28 USC 1746:
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Appeal Case No: 12-5289

Civil Action: 10-cv-00486 (RCL)

INTRODUCTION 1. AFFIANT, Eric Jon: Phelps in esse sui juris agent affirms this

AFFIDAVIT OF TRUTH as to his STATUS in support of the affidavit of EX RELATOR Christopher-Earl: Strunk, in esse and sui juris Agent of business trust CHRISTOPHER EARL STRUNK (EX RELATOR MOVANT) NOTICE OF MOTION TO RECONSIDER STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 from the order dismissing the appeal for lack of prosecution with DC Circuit Rule 38, in that based upon new transactions, payment of fee and change of the EX RELATOR Appellant’s status, that this appeal be ordered renewed to calendar by this Court to allow perfection of the appeal taken from the Quo Warranto. Qui Tam action with related causes in Case 10-cv-00486 in United States District Court for the District of Columbia ordered dismissed by Judge Royce C. Lamberth as shown in the Circuit docket for this appeal case to be heard at the United States Courthouse, at 333 Constitution Avenue NW Washington District of Columbia, on the day and month in 2013, at a time and courtroom designated by the court, or as soon thereafter as counsel may be heard. FACTS 2. AFFIANT is the witness to EX RELATOR MOVANT ‘S

COMMERCIAL SECURITY AGREEMENT shown on page four of

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document within Exhibit 6 annexed to His affidavit in support of this MOTION TO RECONSIDER STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013. 3. AFFIANT is the Elder Bishop of the Reformation Bible Puritan Baptist

Church, Eric Jon Phelps, and that on June 10, 2013 provided the Clerk of
the Court payment of the $455 fee that was thereafter logged and credited with both at the Clerk of the DC District and DC Circuit shown as Exhibit 8; and that on June 12, 2013, the fee payment was duly noted as received on the Docket shown as Exhibit 2. 4. AFFIANT is the author of the historical timeline and events in my

presentation entitled Seven Transitions of American Citizenship by Eric Jon Phelps, pages 1-56, April 12, 2013 with ISBN 978-0-9793734-9-7, with an outline Summary of Seven Transitions pages 44 thru 56 shown by EX RELATOR MOVANT as a matter of brevity in this supporting affidavit for reference by this court and Appellees’ counsel shown as Exhibit 9. 5. Germane herein to the deliberation by the honorable Panel

Preliminary to my affidavit in support is the Status of Eric Jon: Phelps in the provision of Civil process rather than Military process due a Private Citizen of the United States and/or a Private Soldier Citizen of the United States for as an American Freeman, “Indeed, no more than (an affidavit) is necessary

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to make the prima facie case.” United States v. Kis, 658 F.2d, 526, 536 (7th Cir., 1981); Certiorari Denied, 50 U.S.L.W. 2169; S. Ct. March 22, 1982; and as such 6. AFFIANT does solemnly declare and affirm the following historical

facts with regard to the status of de jure Private American citizenship secured by Section 1 of the 14th Amendment to the United States Constitution and the design of the Roman papacy, spearheaded by the military order of the Society of Jesus, to overthrow the liberties of Private Citizens of the United States by imposing a State-created, statutory, de

facto Public U.S. citizenship. This de facto Public U.S. citizenship, being in
substance a privileged Roman citizenship, would enable the constitutionally

de jure civilian government of the United States (having been
constitutionally altered from being a de jure “Federal” government to a de

jure “National” government by the 14th Amendment, 1868) to be replaced
with a Congressionally-created, statutory, de facto Emergency War Powers military government of the United States on March 9, 1933. This radical, socialist-communist coup d’etat plotted by the infamous Society of Jesus and carried out by its Scottish-Rite Masonic agent, President Franklin “Augustus Caesar” Roosevelt, would overthrow the constitutional, de jure jurisdiction of the United States (as per section 1 of the 14th Amendment,

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1868), replacing it with an extra-constitutional, alien and foreign, de facto jurisdiction of the United States (as per a congressionally amended WWI statute codified into 12 USC 95b and Proclamation 2040 issued by President Roosevelt on March 9, 1933). 7. Further, by legally replacing constitutional de jure Private U.S.

Citizenship with de facto Public U.S. citizenship, thereby enabling the constitutional de jure jurisdiction of the United States to be legally replaced with a statutory de facto jurisdiction of the United States, the Jesuit Order would fulfill its design of overthrowing the liberties of the United States as plotted during the Congress of Vienna (1814-1815) and the subsequent Secret Treaty of Verona (1822) because of which President James Monroe issued his blessed “Monroe Doctrine” for which he was given “the poison cup” on July 4, 1831. American inventor Samuel F. B. Morse warned of this diabolical Jesuit Conspiracy against America in his epic work, Foreign

Conspiracy Against the Liberties of the United States, published in 1835.
8. Further, this overthrow of both de jure Private U.S. Citizenship at

Common Law and its counterpart, the de jure jurisdiction of the United States at Common Law, would enable the Jesuits from Georgetown University to use the de facto Emergency War Powers American Congress—now possessing the unlimited legislative powers of an English

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Parliament—to wield absolute legislative power over the de jure fifty sovereign states turned into de facto “conquered territories” ruled by the statutorily-created, de facto national Emergency War Powers military government. This unlimited congressional power would enable the Jesuits, ruling their de facto military government of their de facto American Empire, to control by statute every facet of American life “from the cradle to the grave” (which phrase was championed by the late Roman Catholic Jesuit Temporal Coadjutor, Senator Ted Kennedy). This control would include the imposition of socialist-communism for the building of cartel capitalism and the destruction of the historic White Protestant and Baptist Middle Class Americans (as well as all others), the building of a huge military industrial complex which includes nearly one thousand military bases overseas) while using their de facto Public U.S. citizens to work in the Jesuit Order’s antilaisser-faire, cartel-capitalist corporations, and to finance and fight the wars of the pope’s American Empire. These international crusades (the former President George W. Bush having rightly described his war in Iraq as a “Crusade”), directed by the Society of Jesus within the geographical United States via its Council on Foreign Relations, would be fought for the benefit of the Roman papacy in restoring the Temporal/Political Power of the pope over the governments of all nations while subsequently militarizing those

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conquered nations as was the case with post war Japan and Germany. 9. Further, with the change of the de jure constitutional jurisdiction of the

United States (with its Common Law due process and procedure secured by the Fifth Amendment, the Seventh Amendment and section 1 of the Fourteenth Amendment) to a de facto, extra-constitutional, Roman Civil Law jurisdiction of the United States (established by an amended Congressional war statute (1933), a Presidential Proclamation (1933) and the subsequent abolition of Common Law rights and Common Law due process by the Supreme Court (1938)), an alien and foreign martial due process (via a provision of the amended Trading With the Enemy Act) would be adopted by the federal and state courts fitted for the new de facto Public U.S. citizens living in de facto conquered territories. Since these de

facto Public U.S. citizens are in substance Roman citizens, and since these de facto conquered territories are in substance Roman provinces under
military rule, it is only fitting that the Roman/Public U.S. citizens should be criminally and civilly subjected to a martial process imposed by their constitutionally-created civilian courts. This de facto martial process, if unabated by evidence presented in a Counterclaim at Common Law proving the Counter Plaintiff to be an American Private U.S. Citizen and not a Roman Public U.S. citizen, would confer in substance martial in

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personam jurisdiction. With this absolutist judicial jurisdiction limited only
by decisions of the Supreme Court, the federal courts would be in substance legislative courts. These Emergency War Powers Courts would enforce the sovereign will of the Emergency War Powers Congress, while sitting in substantive equity operating upon a legal fiction. The legal fiction would be the presumption of fact that each individual Private U.S. Citizen was in contract with and enfranchised by the state of his natural birth, thereby altering his constitutional de jure Private U.S. citizenship conferred at birth to a statutory de facto Public U.S. citizenship upon the public filing of a unilateral contract, which reduction in status would enable the court to dispose of his matter, criminal or civil. 10. Further, that unilateral contract was the public filing of a “Certificate of Live Birth” deliberately patterned after the Roman Catholic “Certificate of Baptism.” The American “Certificate of Live Birth”—by operation of law— would be the contract to alter de jure Private U.S. Citizenship to de facto Public U.S. citizenship. With this presumption of fact of an existing contract held by every individual Public U.S. citizen, every court legally sits in equity enforcing the statutes. This de facto status enables the courts to sit in legislative equity thereby fulfilling the grand design of the Society of Jesus in subverting the Common Law jurisdiction of the United States (as per

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Section 1, 13th Amendment, and Section 1, 14th Amendment) by subverting the constitutional, de jure Private Citizenship of the United States (Section 1, 14th Amendment). 11. Further, this design of the Society of Jesus against the Constitutional, Common Law liberties of the Private Citizens of the United States was set forth by one of the Order’s Masonic Temporal Coadjutors. That man was Sir Henry Sumner Maine, Regis Professor of the Civil Law in the University of Cambridge, England. In his Ancient Law: Its Connection with the Early

History of Society, and its Relation to Modern Ideas (1864), Maine sets
forth his three-part plan that, after its imposition, overthrew limited American government born out of the Protestant Reformation (1517-1648) and the First American Great Awakening (1735-1750). That diabolical, “unholy trinity” was first the creation of a Legal Fiction, after which the imposition of judicial Equity, then opening the door to congressional/ parliamentary, unlimited Legislation. The foundation for this de facto overthrow of the limited, constitutional, de jure “jurisdiction of the United States” is the Legal Fiction. That Legal Fiction, evil though legally imposed by silent consent of the Private U.S. Citizen, was the public filing of a Certificate of Live Birth, the Baptismal Certificate of every Public U.S. citizen. Hence, every Private U.S. Citizen became Surety for his status of

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being a Public U.S. citizen as no intent to contract was necessary. 12. Therefore, finding this situation of statutorily-altered, Private U.S. citizenship status intolerable and at variance with the maxims of Holy Scripture (Proverbs 11:15), I, Eric Jon: Phelps, have solemnly declared and affirmed: • WHEREAS, the FRANCHISE, BUSINESS TRUST, and or BIRTH CERTIFICATE, being in fact a unilateral contract under seal, was created and offered legally though deceitfully, its open-but-false purpose being to aid in the Census as a means of identification in the documentation of a natural birth, as well as for health reasons and purposes; its secret-but-true purpose being to rob “We the People,” which includes every individual Private U.S. Citizen, first of our sovereignty as a People, then our constitutional, de jure status (originally secured by Article IV, Section 2, and later “broadened” by Section 1 of the Fourteenth Amendment), and ultimately our lives, fortunes and sacred honor; • WHEREAS, the true purpose of the BIRTH CERTIFICATE, a unilateral contract under seal, is to be a covert commercial agreement and unconscionable, adhesion contract/quasi-contract first with the state of natural birth and then secondly with the federal government (the BIRTH CERTIFICATES being recorded by the Department of Commerce then to serve as collateral securities for the national debt); • WHEREAS, the true nature of the DATE OF FILING on the BIRTH CERTIFICATE, a unilateral contact under seal, is to commence the legal birth of the quasi-corporate, artificial person/Public U.S. citizen created by all necessary legal elements of a unilateral contract (it being in writing, signed, sealed and delivered for registration and filing with a public office of the baby’s state of live birth);

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• WHEREAS, the true nature of the DATE OF BIRTH of the baby named on the BIRTH CERTIFICATE is to commit the natural person/Private U.S. Citizen as Surety for the state-created, artificial person/Public U.S. citizen, both entities being legally wedded into one legal entity, the hybrid Public U.S. citizen; • WHEREAS, the BIRTH CERTIFICATE is a BUSINESS TRUST INSTRUMENT recorded with the County Recorder, a subsidiary of the Secretary of State (of the several states), also sent to the Bureau of Census, a division of the Department of Commerce in Washington, D.C., placing the NAME of the Public U.S. citizen into interstate and foreign world commerce as a statutory, legal “person” (as are corporations, partnerships, trusts, corporate soles, etc.), distinct and separate from the “natural born citizen,” i.e., the Private U.S. Citizen; • WHEREAS, the Secretary of State (of the several states) charters corporations and issues franchises, therefore, any natural born American citizen/Private U.S. Citizen with a BIRTH CERTIFICATE is liable to the Franchise Tax Board of the State’s Department of Revenue for income/excise/privilege taxes, as well as being liable to the Internal Revenue Service collecting the internal revenue for the “Federal Corporation” of the United States (28 USC 3002(15)(A) via excise/income/privilege taxes in payment of the interest on the national debt (proven by President Ronald Reagan’s Grace Commission) which is owed to the Roman papacy’s Federal Reserve Bank; • WHEREAS, this BIRTH CERTIFICATE, functioning as a BUSINESS TRUST INSTRUMENT, has hoodwinked Private U.S. Citizen Eric Jon: Phelps, allegedly named on said certificate, into an unknown and covert contract by operation of law, placing Affiant and fellow Private American citizens under an alien and foreign, de facto jurisdiction of the United States created by congressionally-amended WWI statute 12 USC 95b, and Presidential Proclamation 2040 on March 9, 1933;

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• WHEREAS, the above de facto jurisdiction of the United States includes the jurisdiction of the constitutionally-created, federal and state civilian courts (IN FORM) sitting in a martial legislative equity (IN SUBSTANCE), they no longer proceeding against the accused Public U.S. citizen with a Common Law process, but rather with a Roman Civil Law martial process that, if unabated, will confer martial in personam jurisdiction over the accused then forced to plead in a court imposing martial due process and procedure derived from a congressionally-amended, World War I statute on March 9, 1933; • WHEREAS, upon the public filing of the BIRTH CERTIFICATE, another “source” was created that would generate “income” which could then be income/excise/privileged taxed, the natural person/baby wedded to his new artificial person as its trust Property and subordinate Surety, the new “source” being in commerce and subject to the absolute legislative powers of Emergency War Powers Congress (1933-present) to regulate without limit interstate and foreign commerce pursuant to Article I, Section 8, Clause 3, of the U.S. Constitution during this time of declared National Emergency; • WHEREAS Affiant, a Private U.S. Citizen, has ceased to be Surety for Public U.S. citizen ERIC JON PHELPS by means of a duly filed “Notice of Release Without Consideration—NUNC PRO TUNC,” and “Affidavit: Notice of Rescission of Signatures of Suretyship—NUNC PRO TUNC,” thereby returning to the former status of being a Private U.S. Citizen held for seventeen (17) days after Affiant’s natural birth; • WHEREAS Affiant in esse, has irrevocably separated himself from the state-created FRANCHISE, BUSINESS TRUST, BIRTH CERTIFICATE attached hereto and hereby revokes all powers, including, but not limited to, Powers of Attorney and/or Agency that Affiant may have granted to any third party, public and/or private. Therefore, Affiant is not in commerce (as are corporations), never to enjoy any commercial privilege of limited liability as a matter of citizenship status (as do corporations being also Public U.S. citizens),
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having discharged all Emergency War Powers Military Governments, federal and state, from any duty or obligation having arisen from Affiant being the Property of, Surety for and/or wedded to the hybrid Public U.S. citizen treated by the courts as a “belligerent and rebel” living within the state of his statutory residence, the state deemed to be an “occupied territory;” • WHEREAS, I, Eric Jon: Phelps, have returned to my former status of a de jure Private U.S. Citizen under section 1 of the Fourteenth Amendment and therefore stand “in esse” and “sui juris,” possessing all God-given rights including those protected by the first eight amendments of the Bill of Rights, all Constitutional rights (federal and state) and all Common Law rights of a de jure Private U.S. Citizen/American Freeman, no longer under the legal disability of being the Property of, Surety for and/or wedded to a de facto, statecreated, Public U.S. citizen; • WHEREAS, I, Eric Jon: Phelps, am no longer the Property of, Surety for and/or wedded to a de facto Public U.S. citizen (which is “alieni juris”), therefore no longer under the de facto jurisdictional power of statutorily-created, de facto Emergency War Powers Governments (federal and state) as those absolute legislative, absolute executive and absolute judicial powers are exercised towards a de facto Public U.S. citizen, and therefore no longer under the paternal guardianship of de facto Emergency War Powers Governments (federal and state) as those absolute, paternal powers are exercised towards its infants and children, de facto Public U.S. citizens. 13. WHEREAS, BASED UPON THE FOREGOING, I, Eric Jon: Phelps in esse and sui juris, do solemnly declare and affirm the following positive averments:

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• I am one of the Posterity of “We the People” for whom the Constitution was ordained and established according to its Preamble, holding de jure Private U.S. Citizenship conferred upon my natural birth by section 1 of the Fourteenth Amendment to the Constitution of the United States. • My Christian name at Common Law is “Eric Jon,” my surname/family name is “Phelps.” I am known by no other name, publically or privately. • My Christian name “Eric Jon: Phelps” is spelled in both upper and lower case letters in accordance with proper rules of English grammar. • I was naturally born on December 3, 1953. My natural and legal parents are Lourn Gerald Phelps and Lynn Margrethe Phelps. • I was naturally born in the city of Oakland, on the land of the county of Alameda within the geographical jurisdiction of the State of California. • On the day of my natural birth I became a de jure Private Citizen of the geographic United States of America (composing the fifty states) pursuant to Section 1 of the Fourteenth Amendment to the Constitution of the United States of America. • On the day of my natural birth I became a de jure Private Citizen/Private Resident of the geographic State of California pursuant to section 1 of the Fourteenth Amendment to the Constitution of the United States of America. • On the day my “Certificate of Live Birth” was filed with the State of California, by operation of law I became the Property of, Surety for and wedded to “ERIC JON PHELPS,” a state-created, California business trust and statutory public citizen of the United States. Said Property has been returned to the natural owner, said Suretyship has
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been terminated, the marriage has ended and my former status of Private Citizen of the United States has been restored, pursuant to the maxims of the law of contract and the Uniform Commercial Code, by means of a duly filed “Notice of Release Without Consideration— NUNC PRO TUNC.” • My de jure Private Citizenship of the Republic of the United States of America is “paramount and dominant,” and my de jure Private Citizenship of the Republic of California is “subordinate and derivative” of said Private United States Citizenship. Selective Draft Law Cases, 245 U.S. 366, 389 (1918.) Private citizens of the United States were called “American freemen” by Justice John Marshall Harlan in his dissents in Maxwell v. Dow, 176 U.S. 581, 607, 617 (1900) and Downes v. Bidwell, 182 U.S. 244, 382 (1901). • I now Privately Reside at Common Law in my home at 203 South Fort Zellers Road in the town of Newmanstown, on the land of the County of Lebanon, within the territorial jurisdiction of the geographic Commonwealth of Pennsylvania. Therefore, I am a Private Resident at Common Law holding Private Citizenship of the Commonwealth of Pennsylvania pursuant to Section1 of the Fourteenth Amendment. • My flags are the civilian flag of the Republic of the United States of America (4 USC 1) and the civilian flag of the Commonwealth of Pennsylvania (P.L. 560, No. 373) which flag includes a cord with tassels composed of white and blue strands. Neither civilian flag, representing its nation under a republican form of government, displays gold fringe and/or gold cords with gold tassels as do military colors displayed by the Commanders-in-chief of the United States and the Commonwealth of Pennsylvania. • My law is my family AV1611 King James Bible born out of the risen Son of God’s Grand and Glorious Protestant Reformation having birthed the Modern Era (1648 to the Present).

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• My seal is the Great Seal of the geographic Commonwealth of Pennsylvania depicted on the civilian flag of the Commonwealth of Pennsylvania, which seal is also displayed for all to see in a beautiful mural upon the upstairs arrival and departure floor of the International Airport of Harrisburg, Pennsylvania. • Being a non-statutory Private Citizen of the Republic of the United States of America and a non-statutory Private Citizen/Private Resident at Common Law of the Commonwealth of Pennsylvania and therefore no longer the Property of, Surety for and/or wedded to California business trust “ERIC JON PHELPS,” I am not in commerce as a matter of personal status, as are statutory, state-created public citizens of the United States, and therefore I am a “nontaxpayer” as described in Economy Plumbing & Heating vs. United States, 470 F. 2d, 585 at 589 (1972). • I have rescinded every Signature of Suretyship—NUNC PRO TUNC— ever executed on behalf of business trust “ERIC JON PHELPS” (including any derivative of the NAME thereof) be it public and/or private, by means of a duly filed “Notice of Rescission of Signatures of Suretyship—NUNC PRO TUNC.” • I am the Secured Party/Creditor of DEBTOR “ERIC JON PHELPS” as a matter of public record. • I am the Agent and Attorney-in-fact for DEBTOR “ERIC JON PHELPS” as a matter of public record. • I have the exclusive, beneficial use of the copyrighted NAME “ERIC JON PHELPS” in the acquisition of property, real and/or personal, as a matter of public record. • I am the beneficial owner of all income paid to taxpayer “ERIC JON PHELPS.”

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14. Further, I, Eric Jon: Phelps in esse and sui juris, do solemnly declare and affirm the following negative averments: • I am not alieni juris, holding the status of being the Property of, Surety for and/or wedded to an artificial, de facto, hybrid Public U.S. citizen created by state statute in the state of my natural birth for the benefit of the federal de facto Emergency War Powers Military Government created on March 9, 1933; hence I am not an infant or a child under the power of a paternal Emergency War Powers Government, federal or state. • My Christian name is not “ERIC JON PHELPS,” “ERIC J. PHELPS,” “Eric J. Phelps,” or any other form of this name of war, which principle in distinguishing the difference between the all uppercase name and mixed case name has been affirmed by a federal court of record in Los Angeles, California. • My Christian name is not spelled in solely upper case letters or with abbreviations, which principle in distinguishing the difference between the all uppercase name and mixed case name has been affirmed by a federal court of record in Los Angeles, California. • I am not “ERIC JON PHELPS,” “ERIC J. PHELPS” or “Eric J. Phelps,” which principle in distinguishing the difference between the all uppercase name and mixed case name has been affirmed by a federal court of record in Los Angeles, California. • I am neither the Property of, nor Surety for, nor wedded to artificial entity “ERIC JON PHELPS,” “ERIC J. PHELPS,” “Eric J. Phelps” or any other derivative of this nom de guerre/name of war. • I am neither a statutory, state-created public citizen (artificial person) of the United States nor am I Surety for and/or wedded to a statutory, state-created public citizen (artificial person) of the
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United States as a matter of Status and/or a matter of public and/or private contract. Therefore, I am not a statutory public citizen (artificial person/“U.S. citizen”) of the United States for income/excise/privilege tax purposes. • My flags, national and state, are not military colors bordered with gold fringe and/or draped with gold cords with gold tassels. • I am not a rebel, belligerent or enemy within the geographic Republic of the United States of America created by the Constitution of the United States of America (composed of the fifty states) to which every public servant, federal and state, has taken an oath to uphold “so help me God.” • I do not publically reside according to statute within a conquered territory or within a federal military district of the geographic Republic of the United States of America (composed of the fifty states). My Private Residence at Common Law on the land of the County of Lebanon is: Eric Jon: Phelps Private US Citizen: American Freeman 203 South Fort Zellers Road Newmanstown, Pennsylvania Zip Code Excepted [17073] • I do not publically reside according to statute within any of the ten regions of the geographic United States of America designated by zip codes. 15. Further and finally in support of the Fifth Amendment guaranteeing a civilian due process rather than military due process on a federal level:

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• I, Eric Jon: Phelps, am a constitutionally-acknowledged and protected, de jure Private Citizen of the United States of America and therefore I am a constitutionally-acknowledged and protected, de jure Private Citizen of the Commonwealth of Pennsylvania, Privately Residing at Common Law on the land of Lebanon County. Therefore, I, Eric Jon: Phelps, am as foreign to the de facto Emergency War Powers Military Government of the United States, and therefore I am as foreign to the de facto Emergency War Powers Military Government of the Commonwealth of Pennsylvania as well as the de facto Emergency War Powers Military Governments of the other forty nine (49) states, said de facto Emergency War Powers Military Governments having been created by Congress (12 USC 95b) and by President Franklin D. Roosevelt (Presidential Proclamation Number 2040) on March 9, 1933, that most notable day of infamy and high treason against the Sovereign American People having ordained and established the grand and glorious Protestant/Presbyterian Constitution of the United States of America, with its Baptist Bill of Rights, for themselves and for their Posterity—of which I am a member. • That this “Affidavit of Status of Eric Jon: Phelps; Private Citizen of the United States: American Freeman,” supersedes any previous filing with any public office of said Affidavit of Status. 16. That based upon the foregoing status a Private US Citizen and or a Private soldier US Citizen is entitled civil due process from the United States Congress and or US Senate as with the matter of the eligibility of the POTUS in that the Senate is the venue occupied by the President therein for the conduct of a trial of removal under provision of the US Constitution and its amendments and that as a matter of separation of powers doctrine is and must be the venue under civil process rather than military in which a trial must be held for the removal of the usurper of any office and or in

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Christopher-Earl: Strunk, United States ex rel. V OBAMA ET AL Appeal Case No: 12-5289 EX RELATOR APPELLANT’S AFFIDAVIT IN SUPPORT NOTICE OF MOTION TO RECONSIDER, STAY AND OR LIFT THE MANDATE OF AUGUST 1, 2013 AND RENEW TO CALENDAR

Exhibit 13

1

2

UNITED STATES COURT ofAPPEALS

FOR TEE DISTRICT OF COLUMBIA CIRCUIT

EX RE S

W v Obama et al. DCC Appeal CASE 12-5289

On August 9, 2013, I, Christopher Earl Strunk, under penaIty of perjury p m m t to 28 USC 1746, caused the service of a copy of the EX RELATOR APPELLANT'S NOTICE OF MOTION TO IRECONSIDER, STAY AND OR LIFT THE MANDATE OF AUGUST I, 2013 AND RENEW TO CALENDAR WIT& EXRIBITS AND AFFIDAVIT AFFIRMED A n p s t 8,2013 i n Appeal case 125 289 by placing a true copy of each in an envelope with proper postage with 'Wrgent Legal Service personal and confidential" written i n lower left corner for delivery by the USPS certified with return receipt mail upon:

R.Craig Lawrence
U.S. Attorney's Office (USA) Civil Division 555 4th Street, NW Washington, DC 20530
Eric M Thorson Inspector General for the U.S. Deparhnent of Treasury 1500 Pemy1vania Avenue N.W.

Washington, DC 20220 I do declare and certify under penalty ofperjury: Dated: Augl~sE -9 2013 Brooklyn New York
A EX RE: Christopher-Earl: Strunk i n esse and sui juris Agent of business trust CHRISTOPHER EARL STRUNK 593 Vanderbilt Avenue $28 1 Brooklyn, New York 11238 M

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Email: chris@strunkws Cell-845-90 1-6767

UNITED STATES COURT of APPEALS

FOR THE DISTRICT OF COLUMBEA CLRCULT

EX RE St3unk v Obama et aI. DCC Appeal CASE 12-5289
CERTIFICATE OF SERVICE
On Augwt 29, 2013, I, Christopher Earl Strunk, under penalty of perjury pursuant to 28 USC 1746, caused the,service of a copy of the EX RELATOR APPELLANTJ S REPLY AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION TO RECONSIDER, STAY AND OR E m MANDATE OF AUGUST 1,2013 AND RENEW TO CALENDAR WTTH EXHIBITS AND AFFIDAVIT AFFIRMED August 28,2013 in Appeal case 12-5289 by placing a true copy of each i n an envelope with proper postage with "Urgent Legal Service personal and confidential" written i n lower left corner for delivery by the USPS upon:

R.Craig Lawrence
U.S. Attorney's Ofice (USA) Civil Division 555 4th Stmet, NW Washington, DC 20530
Eric A 4 Thorson Inspector General for the U.S. Department of Treasury 1500 PennsyEvania Avenue N.W. Washington, 20220

I x

I do declare and certify under W t y of perjury:
BrookPvn New York
,

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I C F / L

EX RE:Christopher-EarI: Strunk i n esse and sui juris Agent of business trust CHRISTOPHER EARL STRUNK 593 Vanderbilt Avenue #28 1 Brooklyn, New York 11238 Email: chris@stm&ws Cell-845-901-6767

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