COHEN v OBAMA

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    Ir\I THE UNITED DISTRICT COURT FOR THEWESTERN DISTRiCT OF OKLAHOMA JUl 08 2009ROlit . I) . llcl'jI'!IS, Q.ERI't.

    01$1. Dirt. Of O ~ g ~ U 1 Y Murray Cohen, ))Petitioner, C I V ~ 09=)vs. )

    ) Case No.)Barack Hussein Obama, )President of the United States of America )And the Chief Executive, ))Respondent )This complaint is divided into five distinct sections and a prayer:

    A. Petition for the redress of grievances;B. Powers authorized by the Constitution to the Executive Branch of Government;C. Powers authorized by the Constitution to the Legislative Branch of Government;D. Powers authorized by the Constitution to the Judicial Branch of Government;E. Memorandum and Specifications in support of Presidential violations of sections A,

    B,C, & D, above;F. Prayer for enjoining the President's conduct in violation of the United States

    Constitution; for the discontinuance of said infringements and unauthorized conductas specified in Section F. THE PRAYER hereinafter.

    A. PETiTiON FOR THE REDRESS OF GRiEVANCESNow comes the undersigned, a Citizen, Veteran, Taxpayer, and a "People" within the ordinarymeaning of the First Amendment of the United States Constitution, written in simple English,and petitions the court herein to enjoin the President of the United States from violating theUnited States Constitution in the following multitude of unauthorized actions.

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    The authority for said petition is found in Amendment I of the United States Constitutionto wit:

    AMENDMENT I"Congress shall make no law . . . abridging . . . the right of thepeople . . . to petition the Govemment for a redress of grievances."And further,

    AMENDMENT V"No person shall be deprived of life, liberty, or property, withoutdue process of law; "And further,

    AMENDMENT X"The powers not delegated to the United States by the Constitution,. . . are reserved to the States respectively, or to the people."

    And further, AMENDMENT XIVSection 1"All persons bom or naturalized in the United States and subject tothe jurisdiction thereof, are citizens of the United States and theState wherein they reside . . . nor shall any State deprive anyperson of life, liberty, or property, without due process of law; nordeny to any person within its jurisdiction the equal protection of thelaws."

    B. POWERS AUTHORIZED BY THE CONSTITUTION TO THEEXECUTIVE BRANCH OF GOVERNMENTARTICLE IISection 1

    "The executive Power shall be vested in a President of the UnitedStates . . ."Before he enter on the Execution of !"lis Office, he shall take thefollowing Oath or Affirmation; - 'I do solemnly swear (or affirm) that Iwill faithfully execute the Office of President of the United States,and will to the best of my Ability, preserve, protect and defend theConstitution of the United States.'"

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    ARTICLE ISection 10"No State shall ... pass any ... Law impairing the Obligation ofContracts, . . . "

    D. POWERS AUTHORIZED BY THE CONSTITUTION TO THEJUDICIAL BRANCH OF GOVERNMENTARTICLE IIISection 1

    "The judicial Power of the United States shall be vested in onesupreme Court, ... The Judges, both of the supreme and inferiorCourts, shall hold their Offices during good Behavior, . . . "ARTICLE IIISection 2

    "The judicial Power shall extend to all Cases, in Law and Equity,arising under this Constitution, the Laws of the United States, . . . toall Cases affecting Ambassadors, other public Ministers andConsuls; . . . the supreme Court shall have original Jurisdiction. . . ."ARTICLE IVSection 4

    "The United States shall guarantee to every State in this Union aRepublican Form of Government, . . . DARTICLE VI

    "The Senators and Representatives before mentioned, and theMembers of the several State Legislatures, and all executive andjudicial Officers, both of the United States and of the several States,shall be bound by Oath or Affirmation, to support this Constitution;"

    E. MEMORANDUM AND SPECIFICATIONS IN SUPPORT OFPRESIDENTIAL VIOLATIONS OF SECTIONS A, B, C, & DThe President has taken an Oath to support the Constitution of the United States of

    America. The President may be removed from Office on Impeachment for, and Conviction of,Treason, Bribery or other high Crimes and Misdemeanors.

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    Where in Article II Section 1 L Power . . . vested in a President" is the Presidentdelivered the power to fire the head of General Motors directly or indirectly!

    Where in the entire Constitution is the President delivered the authority to save onebanking institution and let another fail!

    Where in the Constitution is the President delivered the authority to take over private orpublic businesses!

    Where in the Constitution is the President delivered the power or authority to take overprivate automotive companies!

    Where in the Constitution is the President delivered the power to own shares of stock inprivate companies and to vote those interests!

    The President does not have the power to vote the public interest in those corporations.I insist the President send me and other citizens our certificates of ownership of those public orprivate companies. I did not delegate to the President my authority to vote for the directors ofthose companies. Those authorities have not been delivered to the President, the ExecutiveBranch of Government, or his personally chosen lackeys.

    Where in the Constitution is the President delivered the power to authorize through hisMini Czars the cancellation of automobile franchises and to breach contracts betweenautomobile companies and the franchise dealers without due process!

    Where in the Constitution is the President delivered the authority to appoint sometwenty-two Mini Czars and their over six hundred employees, without advice and consent ofthe Senatel

    Where in the Constitution is the President delivered the authority to manipulate the lawsof Bankruptcy! The President has no authority to mistreat Chrysler's Secured Creditors andBond Holders. This is an unconstitutional taking of property. Further, it is common knowledgethat the President is politically indebted to the Automotive Unions.

    Where in the Constitution is the President delivered the authority to deprive corporateofficers and directors from exercising their personal due process and property rights and theirduties to their shareholders, employees, Secured Creditors, and Bond Holders throughmanipulation, intimidation, threats of dismissal from employment and other strong-arm tactics!

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    How did the President get the Automotive Union's unsecured and unproven claims tostand in front of Bond Holders, Secured Creditors, and General Creditors without regard to theBankruptcy Laws? Were the Bankruptcy Courts and Judges intimated also?

    Article I Section 8 of the Constitution authorizes the establishment of a uniformBankruptcy Law throughout the United States. The Bankruptcy Laws required by theConstitution are not to be manipulated.

    The Executive Branch of Govemment is a political institution.The Legislative Branch of Government has become a political institution, regrettably.The Judicial Branch of Govemment, or Courts, is our last defense. The Constitution is

    the supreme law of the land. The only recourse of the people is the Constitutional right topetition for the redress of grievances.

    The President after three days in Office directed the closing of Guantanamo, in Cuba.This facility is the country club of our penal system. The President now wants eighty milliondollars ($80 Million) to close said facility. We citizens paid for that facility and own it. Inaddition the President paid two hundred million dollars ($200 Million) of my and my fellowcitizens' money to a foreign Government to take, and house, some three detainees. Further,the President in support of a political gesture paid one hundred and eighty dollars ($180) perday, plus food and medical care, for several detainees to be housed in Bermuda, a ForeignTerritory, without advice and consent of the Senate in violation of Article \I Section 2 of theConstitution.

    Where in the Constitution is the President delivered the authority to use public funds inthe millions of dollars to be directed and paid to ACORN, a private group of entities presentlyresponding to some fourteen suits in our federal courts for fraud, with no accountability ortransparency of any kind! The use of public funds should be immediately terminated by theCourt and a total financial accounting be ordered. The President does not have Constitutionalauthority to expend public funds for a disguised political use. It is common knowledge thatAcorn is an appendage of the President's political supporters.

    Barak Hussein Obama, our President and Chief Executive, is a graduate of HarvardLaw School and claims to have been a Professor of Law. Maybe he should read theConstitution, the supreme law of the land. Our President proposed and had passed a sevenhundred and eighty billion dollar ($780 Billion) stimulus package, which he did not write or

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    read. Congress passed that bill and was not allowed time, (some eighteen hours), to read andexamine a bill having over 800 pages. This is a misdemeanor at minimum. Barack HusseinObama is President of the United States of America, swom to uphold the Constitution. He isnot a monarch. Our federal revenue is not his personal bank account. It is my and othercitizens' money he is spending, in my mind not to increase employment but to insure politicalsupport.

    There are only three ways to alter this Govemment:First, by revolution, which I do not endorse.Second, by assassination which is illegal, and I do not endorse.Third, by petitioning the govemment for the redress of grievances.

    F. PRAYER FOR ENJOINING THE PRESIDENTS CONDUCT IN VIOLATION OF THEUNITED STATES CONSTITUTION; FOR THE DISCONTINUANCE OF SAIDINFRINGEMENTS AND UNAUTHORIZED CONDUCT.

    This Court has taken an oath to support and defend the Constitution, as has thePresident. The President has violated his oath and this Court should correct those violations.

    1. This Court should by order or injunction terminate the appointment of the Presidentof General Motors and the politically appointed board of directors. A new presidentand board of directors should be voted in by the shareholders of the corporationunder the supervision of the Bankruptcy Court.

    2. This Court should by order terminate the ownership of shares in General Motors andChrysler by the govemment and automotive unions.

    3. Trlis Court Sl10uld by order or injunction reverse all automotive franchisecancellations and let the Bankruptcy Court handle the matter as provided for by theConstitution.

    4. This Court should by order or injunction let the Bankruptcy Court reorder thepriorities of the Bond Holders and other Secured Creditors. The President has noauthority to place unsecured and unproven union claims in front of superior claims.

    5. This Court should by order or injunction terminate the govemment takeover of anyprivate or public companies and prevent the govemment from owning shares in

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    those companies including but not limited to automotive, insurance and bankingentities.

    6. This Court should by order or injunction terminate all mini Czars and their over sixhundred employees, without pay, immediately.

    7. This Court should by order or injunction direct the government not to pay foreigngovernments to house military prisoners. We own Guantanamo; keep the prisonersin that facility. Let the President back off his silly political statement.

    8. This Court should terminate all funds to ACORN, a private company. Further,ACORN should be stopped from being involved in the national census effortbecause of their aforementioned federal lawsuits. A total ACORN financialexamination should be ordered to account for the use of public funds.

    9. This Court should terminate by order or injunction the President's practice ofintroducing complicated legislation without allowing sufficient time for Congress toread, study, and inquire into such legislation.

    In the final analysis, if, in the sound judgment of this Court it is too late to undo some ofthe President's overreaching, the following admonition is urged:

    Mr. President, the United States of America is a Republic, all poweris in the people. Government is divided into three equal branches: theexecutive, legislative and judicial, whose powers are specifically deliveredand limited.

    You have been elected President, and Chief Executive, do notpresume to be King.

    Raw: M u n a l ~ o h e ~ One of the penoPIJ, a Citizen, Taxpayer and VeteranAttorney-at-Law, retiredOBA#17663101 Castle Rock Road, Villa 51Oklahoma City, OK 73120405-755-2954

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