MEMORANDUM of COMPLAINT of ELECTION FRAUD against LT. GOV. BRIAN E.

SCHATZ, ACTING in a NON-GOVERNMENTAL ROLE as CHAIR of the

DEMOCRATIC PARTY of HAWAII; and REQUEST for INVESTIGATION by the
ATTORNEY GENERAL of HAWAII

To: David M. Louie, Attorney General of Hawaii

VIA FAX: 808.586.1239
From:

Subject: Complaint of Election Fraud against Lt. Gov. Brian E. Schatz,

Acting in a Non-Governmental Role as Chair, Democratic Party of
Hawaii; and Request for Investigation by the Attorney General of
Hawaii
Date: January 29, 2011
Copies: Brian E. Schatz, Lt. Gov., State of HI (FAX: 808.586.0231)
Scott Nago, Chief, HI Office of Elections (FAX: 808.453.6006)
Dante Keala Carpenter, Chair, Democratic Party of HI
1050 Ala Moana Blvd., Suite D-26
Honolulu, HI 96814
William Marston, Chair, HI Election Commission
802 Lehua Avenue
Pearl City, Hawaii 96782

PURPOSE OF CONTACT

This is a formal complaint of election fraud against Lt. Gov. Brian E. Schatz, acting in a
non-governmental role as Chair of the Democratic Party of Hawaii; and request for
investigation of these charges by the Attorney General of Hawaii.

Specifically, under Hawaiian law, if the candidate for President of the United States
(“POTUS”) from the major political party meets the federal requirements of the job, then
election officials must print the candidate‟s name on the general election ballot. Under
Article II, Section 1, of the U.S. Constitution, the POTUS must be a Natural Born Citizen
(“NBC”). To get Barack Obama‟s name on the general election ballot in 2008, Mr.
Schatz formally submitted to Hawaiian election officials a Certification of Nomination
swearing that Mr. Obama was “duly nominated” as the candidate for POTUS for the
Democrat Party and had met the legal qualifications for the job. Accompanying that
letter was the official Certification of Nomination of the DNC Services Corporation
(“DNC”), signed by the Honorable Nancy Pelosi, Speaker of the U.S. House of
Representatives, acting in her non-governmental role as Chair of the 2008 DNC
Presidential nominating convention; and Alice Germond, Secretary of the Corporation.
This DNC Certification contained the explicit words required by Hawaii law: the
“candidate is legally qualified to serve under the provisions of the United States
 MEMORANDUM of COMPLAINT of ELECTION FRAUD against BRIAN E. SCHATZ
January 29, 2011
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Constitution.” (DNC Rules also require the nominee must be Constitutionally qualified
for the job.)

However, overwhelming circumstantial evidence points to the fact at the time Mr. Schatz
signed and forwarded these Certifications neither he nor the DNC could have
ascertained Mr. Obama is a NBC. And in Hawaii, swearing the Presidential nominee of
the major political party is a NBC without ascertaining beforehand that he is, for the
purpose of obtaining a place on the ballot, constitutes election fraud.

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

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

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

Candidates representing the Democratic Party may not participate in the election
process carried out in the state of Hawaii on behalf of the citizens of this state
unless they obey our rules. And if our state law is to operate as anything more than
form with no function, the state must now compel this political party to produce the
evidence that was the basis for its Certification to Hawaii election officials that Barack
Obama, the party‟s nominee for President, satisfied those laws requiring the candidate
to be qualified for the job. Absent such evidence, it appears that by certifying such
qualification, Mr. Schatz has perpetrated election fraud on the citizens of Hawaii.

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

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

RATIONALE

1. Under Hawaii law, only the nominee for POTUS from the major political
party who has satisfied those Constitutional qualifications for office is
entitled to have his or her name printed on the Hawaii general election
ballot.
 MEMORANDUM of COMPLAINT of ELECTION FRAUD against BRIAN E. SCHATZ
January 29, 2011
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Hawaii Revised Statutes Title 2, Elections, Chapter 11

§11-113 Presidential ballots. … (c) All candidates for President and Vice
President of the United States shall be qualified for inclusion on the general
election ballot under either of the following procedures:

(1) In the case of candidates of political parties which have been qualified to
place candidates on the primary and general election ballots, the appropriate
official of those parties shall file a sworn application with the chief election officer
not later than 4:30 p.m. on the sixtieth day prior to the general election, which
shall include:

(B) A statement that each candidate is legally qualified to serve under the
provisions of the United States Constitution;

(C) A statement that the candidates are the duly chosen candidates of both the
state and the national party, giving the time, place, and manner of the selection.

Article II, section 1 of the U.S. Constitution requires that the POTUS must be a
Natural Born Citizen. Thus, in order to satisfy federal requirements for POTUS
that would entitle Mr. Obama‟s name to be printed on the Hawaii general election
ballot, he must be a NBC.

2. On August 27, 2008 Brian E. Schatz, then Chair, Democratic Party of

Hawaii, submitted 2 (two) separate Certifications of Nomination swearing
Barack Obama, the D party candidate for POTUS, is a NBC, both of which
Certifications he submitted to Hawaii elections officials so that they would
print Mr. Obama‟s name on the Hawaii general election ballot.

Brian Schatz submitted to Hawaii elections officials 2 (two) documents with the
heading, OFFICIAL CERTIFICATION OF NOMINATION. One Certification,
dated August 27, 2008, bore the letterhead of the Democratic Party of Hawaii;
the other, the letterhead of the DNC. In the first document, Mr. Schatz swore that
Mr. Obama had been “duly nominated” as POTUS “by acclamation at the
National Democratic Convention…” That is, he had been nominated in
accordance with D party rules and procedures. (§11-113, (1)(C).) The second
document, signed by then Speaker of the U.S. House of Representatives, The
Honorable Nancy Pelosi, in her „civilian‟ role as Chair of the 2008 DNC
Convention, contained the line, he was “legally qualified to serve under the
provisions of the United States Constitution.” (§11-113, (1)(B).)
 MEMORANDUM of COMPLAINT of ELECTION FRAUD against BRIAN E. SCHATZ
January 29, 2011
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http://jbjd.wordpress.com/2009/08/13/if-drowning-out-opposing-facts-is-un-
american-then-ignoring-unpleasant-facts-must-be-un-american-too/

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

State lawmakers failed to enact legislation that would require any state actor to
check on the nominee‟s Constitutional eligibility. Thus, the express meaning of
legislation requiring statements of candidate eligibility is clear: if the party gives
us the name of its nominee for POTUS to be printed on the general election
ballot and says, he is qualified to serve under the U.S. Constitution then, we must
assume the party has determined its nominee is Constitutionally qualified for the
job.

3. Mr. Schatz could not have ascertained Barack Obama is a NBC at any time
prior to August 27, 2008, the date on the letter accompanying the Official
DNC Certification of Nomination submitted to Hawaii election officials
verifying he was a qualified candidate given the fact at this same time, the
nominee insisted the evidence proffered to establish his Constitutional
qualification for POTUS “prove[d]” he is only a “native citizen” but not a
NBC.

Explicitly acknowledging public doubts whether he is a NBC, in June 2008 Mr.

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

(Note: While the text of FTS pertaining to Mr. Obama‟s qualification for POTUS
remains the same, the accreditation in the footer changes. In the original
version, the footer read, “Paid for by Barack Obama 2008.” Subsequently, the
footer was altered to read, “Paid for by Obama for America”; which was then
changed to read, “Paid for by Organizing for America, a Project of the
Democratic National Committee.” This remains its current iteration. Also, at
various times, the site address appeared as either a .com or, a .org. These
 MEMORANDUM of COMPLAINT of ELECTION FRAUD against BRIAN E. SCHATZ
January 29, 2011
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changes in accreditation correspond exactly to the mandates of the U.S. Code,

thus rendering this FTS web site a paid political advertisement. See DE-CODER
RINGS (1 of 2) and (2 of 2).)

4. Mr. Schatz could not have ascertained Barack Obama is a NBC prior to
August 27, 2008, the date the Official DNC Certification of Nomination was
submitted to Hawaii elections officials verifying he was a NBC based on
that internet COLB given the fact that 4 (four) months later, in January
2009, Defendant Obama repeated in pleadings he submitted to the federal
court, the best evidence he was born in HI is the original document of that
altered FTS COLB; yet he failed to submit this „original‟ COLB to the Clerk
of the Court to be marked up as evidence and made a part of the official
court record.

In January 2009, Mr. Obama, then President-elect, was the named Defendant in
a case filed in federal district court, ostensibly seeking to determine whether the
Uniform Code of Military Justice required a military Plaintiff to obey orders from a
Commander in Chief he was not certain was a NBC. (Pleadings for Hollister v.
Soetoro, Civil Action No. 1:08-cv-02254-JR, can be found on line at
http://jbjd.wordpress.com/2009/08/09/rumors-lies-and-unsubstantiated-facts/.)
Mr. Obama submitted a Motion to Dismiss* predicated on Plaintiff‟s failure to
establish the Court's jurisdiction; and to state a claim upon which relief can be
granted. (The Defendant was represented by Attorney Robert F. Bauer of
PERKINS COIE LLP, now White House Counsel, who signed the pleadings
submitted to the court on his client‟s behalf.) Additionally, Mr. Obama asked the
court to take judicial notice of the following „fact‟: he had publicly produced a
certified copy of a birth certificate showing that he was born on August 4, 1961, in
Honolulu, Hawaii. (Presumably, he used the phrase “publicly produced” referring
to the fact, he posted that photocopied COLB on his FTS campaign web site.)
Yet Defendant did not provide the court with the „original‟ COLB so that the Clerk
could mark up the document as evidence and place it in the case record (where it
would be subject to scrutiny by the Plaintiff or the judge‟s in-camera inspection).
Instead, he tried to authenticate that internet COLB just by asking the court to
take “notice” that Annenberg Political Fact Check (“APFC”) “conclude[d] that the
birth certificate is genuine.” Id. (APFC is one of many such organizations wholly
funded by the Annenberg Foundation, which also paid Mr. Obama‟s salary as
Chair of the Chicago Annenberg Challenge from 1995-1999.) (And recall he
wrote on FTS, this COLB only establishes he is a “native citizen,” anyway.)

*Technically, by incorporating into Defendant‟s Motion to Dismiss, another Motion

for Judicial Notice of Evidence, Mr. Bauer was prima facie converting what was
captioned Defendant‟s “Motion to Dismiss,” into a “Motion for Summary
Judgment.” Fortunately, The Honorable Judge Robertson only granted
 MEMORANDUM of COMPLAINT of ELECTION FRAUD against BRIAN E. SCHATZ
January 29, 2011
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Defendant‟s Dismissal, without judicial notice of the nativity claims visible on the
FTS electronic advertising platform. For further explanation, see IDIOMS!

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

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

the court to take judicial notice of this information: APFC “note[d] a
contemporaneous birth announcement published in a Honolulu newspaper.” In
fact, APFC had only posted on their web site an image of an unattributed
„newspaper announcement,‟ which phantom image they admitted they had
usurped from the TexasDarlin (“td”) blog, where it was posted anonymously.
With no further investigation into that „announcement,‟ APFC declared, “The
evidence is clear: Barack Obama was born in the U.S.A.”
http://www.factcheck.org/elections-2008/born_in_the_usa.html) (Note: Without
notice, APFC subsequently redirected that suspect “td” link to the web site of a
Hawaiian newspaper that has ceased publication. See OBAMA TRIES to WIPE
SLATE CLEAN for 2012 RUN; and http://jbjd.org/2010/12/19/obama-cleans-
slate-2012-run/comment-page-1/#comment-3433.) Like APFC, Defendant
Obama omitted the name of this HI publication from court pleadings and failed to
enter into the court record any physical evidence of a newspaper announcement,
thus making his claims there was such an announcement, as with his claims the
internet COLB was real, impossible to verify, too.

5. Mr. Schatz could not have ascertained Barack Obama is a NBC prior to
August 27, 2008, the date on the Certification submitted to Hawaii elections
officials verifying he was a NBC given the fact that as of August 2009, a
year after submitting this Certification, the DNC advertised Mr. Obama is a
“native citizen” but not a NBC.

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

question followed by the answer: “Where was Obama Born? The President was
Born in Hawaii. Learn More! www.FightTheSmears.com .”
http://pages.suddenlink.net/tristanne/turks.png
 MEMORANDUM of COMPLAINT of ELECTION FRAUD against BRIAN E. SCHATZ
January 29, 2011
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Following the link provided in the ad takes you to a version of FTS which,
according to the attribution in the footer, is “Paid for by Organizing for America, a
Project of the Democratic National Committee.” Again, the FTS site only claims
Mr. Obama is a native, not a NBC. And, again, the web site displays the image
of that Certification which Mr. Obama had only described but not provided to the
court thereby eliminating the possibility of an „in-camera‟ inspection.

CONCLUSION

Hawaii law requires candidates for public office whose names appear on any election
ballot must be qualified for the job. In 2008, officials of the Democratic Party Certified to
Hawaii election officials Barack Obama was Constitutionally qualified for the job of
POTUS, causing these officials to print his name on the 2008 general election ballot.
But the scant evidence available in the public record at the time of this Certification
failed to establish he is a NBC (or even that he is a citizen). Citizens concerned the
Democratic Party Certified Mr. Obama‟s qualifications without verification asked the
party to disclose the basis for their Certification. The party said, „No.‟ Therefore, the AG
must now intervene on behalf of these citizens to investigate these charges of election
fraud.