STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF WAKE File # 08CV21393

Lt. Col. Donald Sullivan, )

Plaintiff ) NOTICE AND DEMAND
) TO AMEND FINAL
v. ) JUDGMENT ORDER
) (CLASS ACTION)
North Carolina Board of Elections, and )
Elaine F. Marshall, Secretary of State )
For North Carolina, )
Defendants )
_______________________________________________________________________
_

NOTICE AND DEMAND

Now come I, Lt. Colonel Donald Sullivan, Plaintiff, on behalf of myself and all

others similarly situated, pursuant to Rule 59(a)(7), (8) and (e) and Rule 60 (b)(2), et seq.,

to notice and demand this court vacate, amend or alter its final order “signed” March 16,

2009, but dated October 2, 2009, and received by me on October 6, 2009, dismissing this

action. This demand is based upon the newly discovered evidence infra, and upon the

sworn duty of this court to “support and maintain the Constitution and laws of the United

States” (Art. VI, Section 7, NC Const.).

STATEMENT OF THE CASE

On November 7, 2008, and on behalf of all those similarly situated, I filed a class

action complaint in this instant matter with the Pender County Clerk of Court demanding
injunctive relief in the matter of the citizenship of Barack Hussein Obama, Jr., his

eligibility to have been a candidate on the North Carolina ballot for the office of

President of the United States of America, and his eligibility to hold the office of

President of the United States of America. Defendants moved for a change of venue to

Wake County; Motion was granted December 1, 2008. I filed in this action a Notice and

Demand for a TRO on November 26, 2008, to prevent the NC Board of Elections from

certifying the vote for the offices of President and Vice-President of the United States

until the defendants had certified the eligibility of Barack Hussein Obama to hold the

office of President of the United States under Article II, Section 1. The Honorable R.

Allen Baddour, Jr., presiding Superior Court Judge, denied said motion for TRO on

December 15, 2008. On December 19, 2008, Defendants filed a Motion to Dismiss my

complaint in its entirety pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction

due to mootness, res judicata, and lack of standing; and pursuant to Rule 12(b)(6) for

failure to state a claim upon which relief could be granted. I filed by mail a Motion to

Amend my Notice and Demand for Injunctive Relief on December 19, 2008, seeking to

add as defendants the Governor and the General Assembly, delete Para. 8.7, and delete

the attachment of the claims for relief to the timing of the inauguration of the President,

since the unreasonable and calculated court delays in this matter had rendered that

element moot (A demand for injunctive relief being an extraordinary remedy which is

normally heard immediately rather than being handled routinely as in the instant matter).

On January 19, 2009, I filed a Notice and Demand for Class Certification seeking to

represent all voters of North Carolina. Hearing was held on March 16, 2009, on the

defendant’s Motion to Dismiss and my Motion to Amend. On September 16, 2009, the

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attorney for the defendant e-mailed for my review a copy of the proposed order

dismissing my case and denying my Demand. On September 21, 2009, I submitted my

Objections to the Proposed Order by return e-mail. The subject order dismissing this

action was issued by the Honorable W. Osmond Smith, Jr., on October 2, 2009, and dated

March 16, 2009, for lack of subject matter jurisdiction and failure to state a claim upon

which relief could be granted. The final order contained no changes from that originally

proposed.

PRESENTATION OF NEW EVIDENCE

The following is a statement of newly discovered evidence which was not

available to me prior to the hearing on the defendants’ Motion to Dismiss and which was

unknown and unavailable to me at that time:

1. A syndicated report by the Associated Press, published Sunday, June 27, 2004, by

the Kenyan Standard Times and available in their electronic edition for that date at

http://thepostnemail.wordpress.com/2009/10/14/ap-declares-obama-kenyan-born/ .

The article, though well concealed by Google, may also be found posted at

http://web.archive.org/web/20040627142700/eastandard.net/headlines/news2606040

3.htm

The AP reporter stated the following:

“Kenyan-born US Senate hopeful, Barrack Obama, appeared set to take over the Illinois
Senate seat…” (Emphasis added).

One would expect that an AP reporter is too professional to submit a story which

was not based on confirmed sources (ostensibly the Obama campaign in this case), the

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inference seems inescapable: Obama himself was putting out in 2004 that he was born in

Kenya. This article was not refuted by the Obama camp. Further, during that same

campaign in 2004, Mr. Obama, for the record and in response to Mr. Alan Keyes’

statement that Obama was not a “natural born citizen”, stated in quick retort, “So what? I

am running for Illinois Senator, not the presidency”.

2. On September 4, 2009, an Affidavit was filed as evidence in a federal case

with the United States District Court in Santa Ana, California, by Mr. Lucas

Smith. In this affidavit, he certified the legitimacy of a certified copy of a

Kenyan birth certificate for Barack Hussein Obama, Jr., which he had

personally obtained from Kenyan records. A copy of this birth certificate was

filed concurrently with the affidavit, including a baby footprint, for the man

who is currently referred to as President Barack Hussein Obama. The

document is a legal affidavit that declares Lucas Smith to be of sound mind

and judgment. Lucas Smith could go to jail if he lied on this affidavit.

3. On November 24, 2008, the following excerpts from an article by Chelsea

Schilling appeared in the World Net Daily:

“A radio interview with Kenyan Ambassador Peter N.R.O. Ogego has been widely
publicized since the ambassador called President-elect Barack Obama’s Kenyan
birthplace a ‘well-known’ attraction - but the embassy is now telling WND the hosts
misunderstood his comments.

“On Nov. 6, only two days after the election, Detroit radio talk-show hosts Mike Clark,
Trudi Daniels and Marc Fellhauer on WRIF’s ‘Mike In The Morning’ called the Embassy
of Kenya in Washington, D.C., to speak with Ambassador Ogego.

“The radio hosts were surprised when their light-hearted interview with Ogego reignited
suspicions that Obama may have been born in Kenya.

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 “An assistant to the ambassador, referring to herself only as ‘Trudy,’ confirmed today
that Ogego had indeed participated in the radio interview. But she said the show made
leading statements and took the following comments out of context:

‘Clark: “We want to congratulate you on Barack Obama, our new president, and
you must be very proud.”

‘Ogego: “We are. We are. We are also proud of the U.S. for having made history as
well.”

‘Fellhauer: “One more quick question, President-elect Obama’s birthplace over in

Kenya, is that going to be a national spot to go visit, where he was born?”

‘Ogego: “It’s already an attraction. His paternal grandmother is still alive.”

‘Fellhauer: “His birthplace, they’ll put up a marker there?”

‘Ogego: “It would depend on the government. It’s already well known.”’

…“’If you listen to the call in its entirety, you will find it was very obvious we were all
talking about President-elect Barack Obama and not his father,’ Clark said.”

4. Here’s what it says at Obama’s web portal, Fight The Smears:

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British
colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack
Obama Sr. was a British subject whose citizenship status was governed by The British
Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.”
(Emphasis and italics added.)

Obama is telling us himself that his status was “governed” by a foreign jurisdiction. This

is no theory. This is a fact. Like it or not, rich or poor, great or strong, Democrat or

Republican, Obama was born under the jurisdiction of Great Britain via Kenya. There is

nothing conspiratorial about saying that. Obama has it posted on his own web site. So,

even if we accept that Mr Obama was born in Hawaii of a black Kenyan father and a 17-

year-old white American mother, his citizenship is and constitutional eligibility for the

presidency is still in question, since he is either a Brtish or Kenyan by birth, not an

American. His American citizenship has never been confirmed or reinstated.

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 5. A letter dated 2 Februrary, 2009, from Michael Angelus to US Senator Maria

Cantwell (D., VA) submitted four attachments including the following:

A. The actual text of the THIRD CONGRESS in 1795;

B. The actual text of the FIRST CONGRESS in 1790;
C. The actual text of the Constitution from the Continental Congress and the
Constitutional Convention, 1774-1789;
D. The actual text in a January 26, 2009 letter issued by United States
Senator, Mark R. Warner.
Mr. Angelus also went on to include, “and we also witness the apparent denial in the

current United States Congress to address the phrase “natural born citizen.”

The purpose of the letter is to define what the Congress has concluded “natural

born citizenship” to mean. Mr. Obama fails each of these tests for being natural born as

required by Article 2, Section 1.

6. Upon information and belief, as one of his first acts as the newly installed

“President”, Mr. Obama issued an executive order which sealed his personal papers,

documents, records, transcripts, etc. from public scrutiny.

CONCLUSION

Therefore, because of the sworn duty of this court “to support and maintain the

Constitution and laws of the United States”, and pursuant to the provisions of Rule 59

and Rule 60, supra, this court has the subject matter jurisdiction and the authority to grant

the relief I am requesting based upon the new evidence herein provided, to vacate or alter

the order of the court dismissing my complaint for injunctive relief and force the State of

North Carolina, in the form of its elected and appointed officials, to properly and

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adequately protect the combined citizens of this State from an unconstitutionally elected

chief executive of the United States; or, in the alternative, to confirm that Mr. Barack

Hussein Obama, Jr., is indeed eligible to hold that office. Each of these elected and

appointed officials, including this Honorable Court, has taken a solemn oath to do no

less.

Any act repugnant to the Constitution is void ab initio. It carries no authority and

creates no law. We learn this the first week of law school. Ignorance of the law,

therefore, does not apply in this matter. I demand this court do its duty to the People, to

this country and to themselves and confirm the constitutionality of the Obama

“Presidency”. We have seen already the unintended consequences of enthroning an

apparent imposter. There will be more unless we all do our duty. Honor requires no less.

Respectfully submitted this the Twenty-Ninth Day of October, 2009.

___________________________________
_
Donald Sullivan, Plaintiff, sui juris
Lt. Col., USAFR(R)

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 CERTIFICATE OF SERVICE

I do certify I have this Tewenty-Ninth Day of October, 2009, served a copy of the
foregoing "Notice and Demand Amend Final Judgment Order" by placing a copy of the
same in the United States Mails, certified with return receipt requested, or hand-
delivered, and addressed as follows:

For Defendant Board of Elections:

State of North Carolina Department of Justice

ATTN: Susan K. Nichols, Special Attorney General
PO Box 629
Raleigh, NC 27602-0629

For Defendant Elaine F. Marshall, Secretary of State:

Brandon L. Truman
Assistant Attorney General
PO Box 629
Raleigh, NC 27626-0629

A copy is also being filed with the Clerk of Court for Wake County.

BY: ________________________________
Donald Sullivan, Lt Col, USAFR (Ret)
Plaintiff, Sui Juris