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Cody Robert Judy

3037 So. Ogden Ave.


Suite #1
Ogden, Utah 84401
Pro se
Ph: 801-497-6655
Email: cody@codyjudy.us
codyjudy@hotmail.com
Web: www.codyjudy.us

DISTRICT OF UTAH UNITED STATES DISTRICT COURT

CODY ROBERT JUDY,


PLAINTIFF,
MOTION FOR RECONSIDERATION

v.

CASE NO: 1-
14cv00093
BARACK HUSSEIN OBAMA aka BARRY SOETORO; JUDGE:
HONORABLE TED STEWART
DNC,
OFC,
DEFENDANT.

COMES NOW the Plaintiff, pro se, Cody Robert Judy, and submits to this Court this
MOTION FOR RECONSIDERATION with an AFFADAVIT IN SUPPORT OF THE MOTION for
RECONSIDERATION attached.

The Plaintiff herein submits an ORDER TO SHOW CAUSE for the Courts
consideration on the MOTION FOR RECONSIDERATION.

Submitted and signed this 27th Day of February, 2017.

______________________ Cody Robert Judy/s/

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Cody Robert Judy
3037 So. Ogden Ave.
Suite #1
Ogden, Utah 84401
Pro se
Ph: 801-497-6655
Email: cody@codyjudy.us
codyjudy@hotmail.com
Web: www.codyjudy.us

DISTRICT OF UTAH UNITED STATES DISTRICT COURT

CODY ROBERT JUDY,


PLAINTIFF, AFFADAVIT IN
SUPPORT OF PLAINTIFFS
MOTION FOR RECONSIDERATION

v.

CASE NO: 1-
14cv00093
BARACK HUSSEIN OBAMA aka BARRY SOETORO; JUDGE:
HONORABLE TED STEWART
DNC,
OFC,
DEFENDANT.

COMES NOW the Plaintiff, pro se, Cody Robert Judy, and submits to this Court a
MOTION FOR RECONSIDERATION with this AFFADAVIT IN SUPPORT OF THE MOTION
FOR RECONSIDERATION.

FACTS ON THE MOTION FOR RECONSIDERATION ie. on THE MOTION FOR RELIEF OF
JUDGEMENT

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1- On January 26th, 2017 a MOTION FOR A RELIEF OF JUDGEMENT (pursuant to
Rule 60) was filed and served with a witness of mailing certificate upon
Defendant(s) latest known addresses.
2- The MOTION FOR RELIEF OF JUDGMENT was docketed by the Court on January
27, 2017.
3- Accordingly, Defendants have a 30 day time window to respond to the Motion
in the affirmative or in objection for dispositive motions, and no such
Response has been noticed by the Court or Plaintiff of Record.
4- The Courts ORDER denying PLAINTIFFS Motion was signed a day premature
of the 30 Day Response and four days premature if Defendants were given 3
days mailing time.
5- Plaintiffs AFFADAVIT IN SUPPORT OF THE MOTION was filed the same day as
the ORDER denying the Motion, and docketed after, so it is unlikely the Court
was given time for consideration of the 8 page Affidavit in Support filed with
the Notice For Judgement.
6- Thus both the Plaintiff and Defendants were in essence affected adversely by
the pre-mature Court Order denying the Motion for Relief of Judgement.
7- Plaintiff asks that MOTION be Reconsidered with this MOTION FOR
RECONSIDERATION and the Affidavit in Support filed with the NOTICE FOR
JUDGEMENT.
8- Mr. Judy now ask the Court for relief of the circumstances that warrant this
MOTION FOR RECONSIDEREATION.
9- Mr. Judy asks the Court to sign his proposed/OR THE COURTs own/, ORDER
TO SHOW CAUSE.

AFFADAVIT OF PLAINTIFF IN SUPPORT OF MOTION FOR RECONSIDERATION

1- I, Cody Robert Judy, am the Plaintiff in the above entitled case.


2- I believe my AFFADAVIT IN SUPPORT is a warranted consideration for
the Court.
3- That I was a Candidate for U.S. President as a write-in of the 2008
Election, and in the Democratic Party for the Election 2012 and 2016
registered with the Federal Elections Commission and noticed on
Democratic Party Candidates for President Sites.
a. 2016 https://ballotpedia.org/Cody_Robert_Judy
b. 2012 http://www.ourcampaigns.com/CandidateDetail.html?
CandidateID=43333

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c. https://votesmart.org/candidate/biography/50479/cody-
judy#.WK3QBNIrKJA
d. 2008 last entry
https://en.wikipedia.org/wiki/List_of_candidates_in_the_United_State
s_presidential_election,_2008
e. FEC RECORD 2012 2016
http://www.fec.gov/fecviewer/CandidateCommitteeDetail.do?
candidateCommitteeId=P20003372&tabIndex=3
f. CANDIDATE COMPARISON http://2016.candidate-comparison.org/?
compare=Judy

4- That in 2008 as a write-in candidate for President , a Nevada U.S.


Federal Court declared my action against Republican Sen. McCain, a
constitutionally unqualified Candidate, (as he was not born in one of
the States of the Union, and thus was not a [natural born Citizen]
carrying with his birth a [native born citizenship of Panama]), moot.
The Judge in that Case waited through three NOTICES FOR JUDGEMENT
until after the Election of 2008, and then declared it moot because
the burden was now on Barack Hussein Obama because he had won
the election.

a. https://dockets.justia.com/docket/nevada/nvdce/2:2008cv01162/61
642

5- That this Court now holds in its palm of Judgement, with this Case in
the Plaintiff, the only Presidential Candidate in the United States of
America to defend the [natural born Citizen] clause requirement in the
U.S. Constitution Article II. ,Section 1, C-5, with a bi-partisan stand
across political party lines of Republicans and Democrats who
represent a majority in the United States political arena across three
presidential elections.

6- That because Mr. Judy is the only Presidential Candidate in the United
States to have represented the U.S. Constitutions declaration that the
Office of the President be a [Citizen] at the time of the Adoption of the
Constitution and thereafter a [natural born Citizen] ie. (Born in the U.S.
to Citizen Parents see PRECEDENT SCOTUS CASE: Minor v. Happersett

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88 U.S. 162 (1875) ), that an unbiased Claim for Equality and Fairness
under the Standard Rules of the Race in the Constitution for the Office
of the President has been made as a Civil Right for a Presidential
Candidate.

a. "All persons born or naturalized in the United States, and subject to


the jurisdiction thereof are citizens of the United States and of the
state wherein they reside. [NOT {natural born Citizens}
b. Conflict exist by extension that those who are [Citizens] are not
necessarily [natural born Citizens] qualified for the Office of the
President see: Art. II. Sect. 1, C-5 {{Citizens} at the Time of the
Adoption of this Constitution} [natural born Citizens] thereafter.
c. OPINION Page 88 U. S. 164 Whoever, then, was one of the people
of either of these states when the Constitution of the United States
was adopted became ipso facto a citizen -- a member of the nation
created by its adoption. He was one of the persons associating
together to form the nation, and was consequently one of its
original citizens. As to this there has never been a doubt.

d. with the nomenclature of which the framers of the Constitution


were familiar, it was never doubted that all children born in a
country of parents who were its citizens became themselves, upon
their birth, citizens also. These were natives or natural-born
citizens, as distinguished from aliens or foreigners. Some
authorities go further and include as citizens children born within
the jurisdiction without reference to the citizenship of their (Page 88
U. S. 168) parents. As to this class there have been doubts, but
never as to the first. For the purposes of this case, it is not
necessary to solve these doubts.

7- That while the defendant Mr. Obama was a Candidate, acknowledged


by those who did not have Standing, and knew they had no Claim, in
as much forced to acknowledge against their will Barack Obama was
President when he won election on fraudulent illegal circumstances
which is an affront to the U.S. Constitution, and comporting criminal
actions defined in Criminal Code. That indeed a usurpation of that

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Office was the result of a cover-up that amounted to a collective
criminal enterprise in fraud upon the Voters of the United States of
America. A forgery has been committed in the presentation as Mr.
Obamas long form birth certificate which is fabricated, as represented
by the new evidence presented to this Court in the lawful investigation
of duly sworn agents of the law and professional experts for the Court.
a. https://www.law.cornell.edu/uscode/text/18/part-I/chapter-47 FRAUD
AND FALSE STATEMENTS
b. Whoever, knowingly and with intent to defraud the United States, or
any agency thereof, possesses any false, altered, forged, or
counterfeited writing or document for the purpose of enabling
another to obtain from the United States, or from any agency,
officer or agent thereof, any sum of money, shall be fined under this
title or imprisoned not more than five years, or both.
c. (June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 103322, title XXXIII,
330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
d. 18 U.S. Code 1028 - Fraud and related activity in connection with
identification documents, authentication features, and information
i. a) Whoever, in a circumstance described in subsection (c) of
this section (1) knowingly and without lawful authority
produces an identification document, authentication feature,
or a false identification document;
ii. (2) knowingly transfers an identification document,
authentication feature, or a false identification document
knowing that such document or feature was stolen or
produced without lawful authority; (6) knowingly possesses
an identification document or authentication feature that is
or appears to be an identification document or authentication
feature of the United States or a sponsoring entity of an
event designated as a special event of national significance
which is stolen or produced without lawful authority knowing
that such document or feature was stolen or produced
without such authority; (8) knowingly traffics in false or
actual authentication features for use in false identification
documents, document-making implements, or means of
identification; shall be punished as provided in subsection

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iii. (b) of this section. (b) The punishment for an offense under
subsection (a) of this section is
(1) except as provided in paragraphs (3) and (4), a fine under
this title or imprisonment for not more than 15 years, or
both, if the offense is
(A) the production or transfer of an identification document,
authentication feature, or false identification document that
is or appears to be
(i) an identification document or authentication feature
issued by or under the authority of the United States; or
(ii) a birth certificate, or a drivers license or personal
identification card;

8- That I, as the Plaintiff and a Candidate for U.S. President, having an


accountability and responsibility assumed with the Standing of being a
Candidate to not only defend my Campaign with the Law, but defend
those who could not defend themselves against the Usurper or Defacto
President Mr. Obama, having with all due diligence pursued Justice as
the Record of this Case in the cannons of American History will attest.
I thank this Court and the Founders and Framers of this Nation who
have passed on, for the opportunity for which without I would never
assume even the hint of such.

9- That in this MOTION FOR RECONSIDERATION, I do seek most humbly a


confirmation from this Court in the ORDER TO SHOW CAUSE in solemn
Justice, the acknowledgement accountable to first, FACTS of the U.S.
Legislature, Second Facts of Law enforcement agency, thirdly the Law
in the U.S. Constitution and Criminal code herein mentioned:

a. Eight attempts to change the [natural born Citizen] requirement to


something else besides [born in the U.S. to Citizen Parents] since
2003. Does this Court count the U.S. Legislature so stupid as to
change something that didnt need to be changed in the first place
if Mr. Obama was legal to begin with in his inherited Kenyan/British
Citizenship known and represented by himself?

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b. Is this Court bias to the importance of each Parents [inherited
citizenship] giving more diligence and honor to a mother than a
father and by what Fairness and Equality does that represent?

c. And, most importantly, does this Court by its lack of honor to law
enforcement people duly deputized, conclusive forensic evidence
by experts in document fraud and forgery, and the Justice that
comes when Plaintiffs bring righteously the Claims for Relief for the
violations of protected Rights under the laws, that the Courts very
purpose was created to uphold, find so simply, it necessary to act
as the Defendants Criminal and Civil Lawyer because they fail to
Respond?

10- When will Mr. Judy have his rights represented by the Court? The
United States of America has undergone a peaceful transition of power,
however, Mr. Judy in his motion before this Court has brought up many
instances of a continued grievance and cost affecting himself and
certainly affecting Voters as Tax-Payers; and of course the integrity of
our whole Election procedure and form of Government in a three
BRANCHES of equal checks and balances. Mr. Judy has presented this
Court with Law and Claims upon which relief can be granted
meritoriously as well as evidence why it should grant the relief of
judgement calling this action frivolous, especially in the face of Law
Enforcement Evidence. SEE: MOTION FOR RELIEF OF JUDGEMENT

11- While this Court will hear Mr. Judys Motion, today, the threat of an
upheaval for ousting a sitting (defacto) President, put in with a hood-
wink and pass on crime, is passed with the peaceful transition of the
office of President. This Case yet continues to represents the
grievance of an unseated usurper based upon the limitations of two
four year terms, another Constitutional Rein checking the Office of
President. With that threat gone, and the statute of limitations yet
open for fraud and forgery and distribution felonies of identity theft
and false representation, U.S. History can and still deserves to be
made right. As well the proper address of an illegal occupant signing

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that which demands a [natural born Citizen], as well the illegal cover
up in the Cartel of Corporations formed to avoid accountability at the
expense of U.S. Elections.

12- The Framers had such a circumstance come upon them also in the
NATURALIZATION ACT of 1790 when they realized the conundrum ill
served in the NATURALIZATION ACT of 1795 and took out [natural born]
leaving the difference acknowledged as [Citizen]. Though five years
had passed, they realized no [naturalization ACT] could claim
jurisdiction on [the laws of nature and natures God] in [natural born
Citizen]. Certainly it was wholly absurd to think about any [natural born
Citizen] born under a Law of Jurisdiction before that Jurisdiction even
existed, and conversely no [Citizen] could even be Adopted by a new
lawful jurisdiction before it was recognized OFFICIALLY.

a. Congress is only given powers of adoption in the [naturalization]


process.
b. Those recognized in many forms and circumstances as
requirements under being born on soil or having one parent. (See:
U.S. Code Title 8 Chapter 12 Subchapter III Part I 1401 (a-
h) [Nationals and citizens of United States at birth]
https://www.law.cornell.edu/uscode/text/8/1401
c. Emphasis on [citizens] that does not represent [natural born
Citizen] or a replacement for the requirement represented in Art. II.
Section 1, C-5.

13- In summary Mr. Judy has defended the United States of Americas
Greatest Privilege and Right; that to have a [President born in the U.S.
to U.S. Citizen Parents ]representing a passage right of TIME in the
Declaration of a New Nation born in the United States of America by
her Citizens of allegiance. It is true, the United States of America was a
melting pot of all races, colors, and creeds, but it is a Nations
fundamental right to place a criteria upon its offices of governance.

a. The qualification for Senator and Representative is [Citizen] which


might be claimed by birth on the soil or by having a single U.S.
Citizen Parent.

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b. The concentration of Power in the Executive Branch is uniquely
different than the diluted power of Judges in the Judicial Branch or
the host of Representatives and Senators in the U.S. House and U.S.
Senate as the Legislature.

c. ([natural born Citizen] or a [Citizen] at the [time of the Adoption] of


this Constitution), was unique to the Executive Branch as one
person holds a lot of concentrated power, and is a rein of restraint
in a check to that office, that simply needs defense by the Judicial
Branch until or if the Legislature decides to change it. We notice as
a witness, eight attempts to change it have failed in the Legislature
since 2003, and in 2000 witnesses who were not qualified for the
Office of President, stating to the Judicial Committee of the U.S.
House that a acclamation of nationality is indeed a process of time
that needs to be respected as is represented in USC Article II.
Section 1, Clause 5.

14- Mr. Judy did not ask Mr. Obama to falsify his long form birth certificate,
nor did the Cold Case Posse of Sheriff Joe Arpaio. That decision made
50 months after Mr. Obama declared his intent to run for Office was
made all by Mr. Obama himself, but of course there were tell-tale signs
and hints others knew and assisted who also bear responsibility in the
usurpation; like Representative Nancy Pelosi who signed two different
forms stating Barack Obama was an eligible Candidate under the U.S.
Constitution for the Democratic Party as was very well described in the
original complaint.

15- This action brought to the Bar of Justice asked for a Right or Wrong
Judgement on those actions of fraud and forgery with the motive of
usurpation in mind as motive. If the Court defends those illegal actions
in the light of the U.S. Constitution it simply becomes a mockery of
Justice and a laughing stock of the world who will see it. It puts a stake
through the heart of Justice and in short is an insistence that the Court
is irrelevant itself and no champion of Civil Rights when it comes to

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crime and injustice upon [We the People] of this Republic for which we
stand.

16- This Case is National Noticed: https://www.bustle.com/articles/130896-


has-a-candidate-sued-the-dnc-before-bernie-sanders-isnt-the-first-
technically

a. The relief of Judgement is not simply about Holding the Office of


the President and thus because Mr. Obama is not in office any
longer, relief is impossible. There is much more at stake in a long
standing way of Justice and Policy to the Nation.
b. To ignore this Case in the cause of Justice is to license Elected
Authorities as well as those running for Office to commit crime
against the People of the United States and encourages gross
malfeasance. Misconduct in public office is an offence at common
law and carries a maximum sentence of life imprisonment. It is an
offence confined to those who are public office holders and is
committed when the office holder acts (or fails to act) in a way that
constitutes a breach of the duties of that office.

17- Mr. Judy as Plaintiff, asks the Court to grant the MOTION FOR
RECONSIDERATION in signing the ORDER TO SHOW CAUSE for a RELIEF
OF JUDGEMENT on the basis of serving Justice, fine, and hold the
DEFENDANTS responsible and accountable for the whole sums as it
directs, that the burden of relieving the Judgement will be upon them
who are the perpetrators and alleged criminals in this action declaring
as much with their failure to Respond honorably. Mr. Judy request all
other relief the Court might find honorably and if the Court would like,
Mr. Judy is certainly willing to argue in person if the Court would on its
own merit call for a Hearing. Mr. Judy simply cannot predict the mind of
this Court or its Judgement on which direction to proceed, but he has
submitted the Evidence responsible for Facts so the Court is not
embarrassed by a dereliction of Justice to the Facts, or seen in
administering criminal enterprise and illegal action upon the people.
18- Sworn and Signed this 27th Day of February, 2017
________________________________/s/ Cody Robert Judy

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Affiant: Cody Robert Judy attorney pro se

19- NOTARY:
In the Weber County of the State of Utah:
Sworn and Subscribed to me on this ____ Day of _______, 2017.

NOTORAY OF PUBLIC:
Signature: STAMP:

MAILING CERTIFICATE OF MAILING AFFADAVIT

In compliance with 28 U.S.C. 1746 in accordance to Federal Guidelines, I


certify that I caused to be mailed the forgoing MOTION FOR RECONSIDERATION &

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AFFADAVIT IN SUPPORT OF MOTION FOR RECONSIDERATION OF PLAINTIFF to the
following via first class U.S. mail, postage prepaid:

Mr. Barack Obama- 2446 Belmont Road, Kalorama, Washington DC 20008


And
Democratic National Committee 430 South Capital St. SE, Washington DC 20003
ph- 202-863-8000

UNITED STATES DISTRICT COURT


DISTRICT OF UTAH
351 South West Temple, Rm. 1.100
Salt Lake City, Utah 84101

Signed this 27th Day of February, 2017


Mailer: _______________________________/s/ Cody Robert Judy

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