From: Dr. David A. Earl- Graef LtCol. USAFR
Date: 1 Feb 2009,
Dear Senator Warner,
I am in receipt of your letter of 26 Jan 2009. While I thank you for taking the time to respond I can't express in words my disappointment in your response. I have given much thought to this issue and take offense in so much as you would apparently
dismiss my concerns without a thorough investigation into the validity of my questions. So it is that I am again compelled to write to you and ask your re-consideration. Please do not dismiss prima fasciae, as if this has already been addressed, but read what I have to say.
The requirement to be a "Natural Born" citizen is very specific as you point out in Article II, Section 1, and Clause 5 as it applies to the office of the POTUS. The Framers in their construct recognize there IS a difference between a Citizen and a
Natural Born Citizen. The requirement was instituted to provide a safeguard that the POTUS would have undivided loyalty to the United States. I share the opinion of Attorneys Orly Taitz and Phil Berg who are among the Constitutional Attorneys bringing these cases to the State, Federal and Supreme Court that Natural
Born status also requires that BOTH parents be citizens; a condition we know is NOT the instance in the case. This is not a trivial question left for Legal Academics to debate, it is about our Constitution and a matter for Congress and our Supreme Court.
To date, no case challenging the qualifications of President Obama to hold that Office has been heard on its merits. I have pleaded with Chief Justice Roberts to answer on the merits of the case and will continue barring action by the Congress to address my concerns. Most of the lawsuits are brought by concerned Citizens rightfully questioning if our Constitution is being followed and have been dismissed on lack of standing allowing questions to remain. The same lawsuits President Obama or those speaking for President Obama have referred to as Garbage!
I ask you now; is this the response you would also give the citizens addressing their concerns? Would you tell us our concerns are Garbage? I will trust in your integrity and believe it is not how you yourself would respond, if informed, as
evidenced by your response to me to date. I believe you would simply give us what we need to reassure us. Given this could be put to rest by easily producing the supporting documents President Obama has sealed, do you think this is an appropriate
response for a person in a position of public trust ?
There is much misinformation in the media. Even during the Inauguration, I heard it stated by Rick Warren that President Obama's father was an "immigrant" from Kenya, yet it is known he was NOT an "immigrant " and never had U.S. Citizenship at any
time of his life. There are many other legitimate questions regarding the Constitutional qualifications of the POTUS. This is being aggravated by the President spending hundreds of thousands of dollars by reasonable estimates and using teams of attorneys to block the release of documents to support his qualifications.
This includes the vault copy of the Official Birth Certificate held by the State of Hawaii you mentioned in your letter.
While I believe you answered my inquiry in good faith, I believe you misstate the facts in your letter. To my knowledge, at no point has the Hawaii Department of Health stated that he was actually BORN there. They stated they have his official Hawaii Birth Certificate on file and nothing more. Are you aware that Hawaii Statute allows one to obtain a Certificate of Live Birth ( i.e. the one Mr. Obama submitted as his ONLY "proof" to us on HIS web site ) on the unsubstantiated information provided by a single parent ? Are you aware that one may obtain this for a specified period of time even if born outside the US? Are you aware that if President Obama was born in Kenya, as some assert, his mother did not meet the legal requirements to even confer US citizenship on her son? Who was it that provided the information
for the Hawaii certificate? Is there a Physicians signature on the original or not ? What was the Hospital where he was born? Not what his SISTER says but what is on the official document.
Does it not stand to reason President Obama should make it public so that competent authority can verify its authenticity? Does it not stand to reason that if everything is in order and there is nothing to hide this would have been done long before the election when this became a question rather than fight in the courts? Do you yourself not want to know the answers to these questions? Does the Constitution still matter ?
This situation by analogy would be like me giving a Hospital my Medical School Diploma and when they ask for my transcripts as a source document, I hire teams of attorneys to block the Hospital from getting it and start taking care of patients anyway. Then to make matters worse I tell them their efforts to require me to
produce my transcripts are Garbage. How much more important is it that the person who has control of our military to produce supporting documents when asked ? This is absolutely absurd and an outrage to those of us who are informed, place our very lives at the feet of Liberty and are simply asking to have this issue
settled. There are many other questions that remain unanswered which my attorney, Dr. Orly Taitz, would be happy to discuss with you.
I can't imagine the demands currently placed upon your time and I am sympathetic to you. Nevertheless, you must also realize the potential catastrophic consequences to our Country if indeed we are already into a Constitutional crisis. This is a National
disgrace if we allow our Constitution to be ignored simply because someone, perhaps in the DNC , did not do their job in properly vetting the candidates in this last election.
Please understand, I do not intend to convey any disrespect to you in any way, but I can't contain my sense of betrayal that to date elected officials seem willing to let this pass without reasonable due process. It is also disappointing to me that you
do not seem to appreciate the tremendous difficulty that this issue places upon each and every American soldier. Although I have over 15 years of credible military service I am at this moment struggling to decide if I must resign my commission as I
can't reconcile my Oath to defend the Constitution while being in doubt that those above me have respected it in word and deed. I know that I am only one Officer but there must be more, as they learn of this and they will, they will be faced with the same impossible decision. This is a classic Hobson's choice for whichthe only hope of redemption is to know the truth.
Our History is replete with the memoirs of American soldiers and Statesman who have, due to the failure of their leaders or at the hand of destiny itself faced similar difficult decisions. One such soldier was Robert E. Lee who found himself divided between family loyalties to the South and loyalty to his Oath of Office.
He then under extreme duress resigned his commission so that he would not be conflicted. As you know he chose his FAMILY heritage for which to take a stand.
Make no mistake, while the particular situation facing Gen. Lee was different in circumstance, in essence it is the same as we now face in the military and the same as is at the heart of the Natural Born Citizen requirement . I do not believe abandoning our Constitution is our destiny to forward the interests of a
partisan Government but instead the failed actions of our leaders to address a legitimate issue regarding our Constitution.
My loyalty to the Constitution of the United States as per my Oath is and has been un-wavering. I have to this point and will continue to act in good faith as a United States Air Force Officer. I am only asking that this Constitutional issue be
resolved, so that I may be able to continue in my service to my country and my President freely, without doubt or reservation.
If there is no problem with the qualifications of the POTUS this can be discovered very quickly by a full investigation by the Congress and we can all go about the business of daily life. Furthermore, the decisions you must make regarding the problems we face will actually have meaning and will not have to be redressed. They are difficult enough, I should think you would not what to have do make them again.
I continue to trust and it is my hope, as is the case with most Americans, you have a trusting heart and nature and that you have simply been misled. I implore you to bring this before the Congress. You have the right and I believe the responsibility to do this as I watched the proceedings on 8 Jan 2009 and as a Point of Order the Constitution was not followed for the opportunity to voice objections to the Electoral College was not given. This is too important to ignore and hope it will go away because it will NOT. If for any reason our concerns have merit with each stroke
of the pen we get deeper and deeper as none of the actions of POTUS will have the force of law. Have you read some of the foreign press who are aware of this and may question the validity of treaties that may be signed? I have seen it myself. The
potential harmful implications are staggering.
I do not believe you want in any way to have not acted and to make absolutely certain beyond any doubt we are not in the very midst of a Constitutional crisis. I do not believe you would want this, if the worst is true, to be the legacy of YOUR service to our Country. As difficult as this may be for you to bring to the
attention of the Congress, it also is nothing less than the opportunity for you to take a stand and be counted among the Great Leaders of our Nation who have come before and risked their fortunes and their lives for the sake of Liberty and our sacred Constitution.
I heard it said many times during the long Campaign to the Presidency that if ever in our History we needed leadership it is now ! I am convinced that this is true. We need our Leaders to possess not only the wisdom of our Founding Fathers but the
strength of conviction to see the challenges through in the face of daunting opposition if we are to survive as a sovereign Nation. Please investigate this more. I am confident that when you do you will appreciate the gravity of the situation and be compelled to act in defense of our Constitution.
Dr. David A. Earl-Graef USAFR MC