IN THE COURT OF COMMON PLEAS
WARREN COUNTY, OHIO
Complaint Filed in Warren County, Ohio
XXXXX XXXX
XXX XXXXXXXXXX XXXX
XXXXXXXXXX XXXX XXXXX
XXXXX XXX XXX XXXX
Pro Se
Date July 22, 2024
Kamala Harris
The Vice President
Old Executive Office Building
Washington DC 20501
PLAINTIFF`S EMERGENCY MOTION FOR TEMPORARY INJUNCTIVE ORDER TO RECEIVE CREDENTIALS
1 MOTION
1.1 Based on the declarations below, the plaintiff, XXXXX X XXXX [hereinafter “Plaintiff”] respectfully requests of this Honorable Court to grant a temporary injunctive order in the form of a writ of mandamus demanding timely relief by defendant Kamala Harris.
1.2 Kamala Harris is trying to undermine and rewrite the US Constitution's 14th
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Amendment, by adding the words natural born to it. We wish to know by what statute, law, or Supreme Court ruling, she uses to establish that the 14th Amendment makes her eligible to be President.
1.3 As of the date of the filing of this document, 7/24/2024, Federal Election Commission (FEC) Chairman Sean Cooksey has officially announced that Kamala Harris is no longer an active candidate for election under the Biden/Harris campaign (exhibit A) in the State of Ohio or any other State, either as Vice-President or President and wont be till at least August 23, 2024.
1.4 Plaintiff submits Harris has not been formally nominated by the DNC to be the democrat candidate for President no matter what she is out doing presently.
1.5 All future political intentions she may have are null and void at the present time.
1.6 Currently she is a setting Vice President and a mere citizen with a dream that she will be continue to be successful in her constitutional fraud that's went on for almost 4 years now.
1.7 I undertake this action Pro Se as a common Tax Paying citizen of Warren County, Ohio. I am not a lawyer but I can read and comprehend what I read very well.
1.8 Plaintiff submits that it is very easy to understand what the Constitution says and implies and what it doesn't. It was written to be very specific, not easily twisted, convoluted and contorted to fit ones agenda.
2. SUPPORT FOR PLAINTIFF`S MOTION FOR EXPEDITED REVIEW AND DETERMINATION
2.1 The 1st Amendment to the Constitution guarantees all citizens the “right to petition our government for redress of grievances”. The 5th and 14th amendments to the constitution guarantee “due process of law”. As a common citizen I and many others think that reporting Constitutional destroying violations of election fraud should be enough harm and injury to bring this complaint and have the courts take a look see.
2.2 Plaintiff submits The 14th Amendment to the U.S. Constitution reads in part: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are CITIZENS of the United States and the State wherein they reside."
2.3 The 14th gives children born of foreign citizen parents US citizenship only. They derive "Birthright Citizenship" only, not natural born citizen status. This is already settled law as will be shown below.
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2.4 The Constitution has become a road block to many people's political agenda. People will do anything to undermine it. They are willing to do what ever it takes to gain the power they seek even at the expense of destroying the very fabric of the constitution.
2.5 It is up to the courts to prevent the destruction of the document they were enshrined by Marbury vs. Madison 5 U.S. 137 (exhibit B), to protect. America is the last bastion of true freedom on the planet and without every element of the constitution intact, we are doomed. It cannot be allowed to be changed and diluted via fraud.
2.6 I am not sure what it takes to get a court of law to take a look at these most serious constitutional violations. I pray it is this court. The people are fed up, failure to address this issue immediately could result in civil unrest with serious loss of life and massive property losses as demonstrated recently in the Jan6 demonstrations at the Capitol. One half of the people know she is not eligible to be Vice president much less POTUS and the other half could care less.
3. Kamala Harris pertinent back ground
3.1 She was born Oct. 20, 1964 in Oakland, Ca. to a Jamaican citizen father, Donald J. Harris and an Indian citizen mother, Shyamala Gopalan, both parents were in the US legally and met while in College.
3.2 I am asking to have Harris prove by statute, how the 14th Amendment gives her eligibility for her position as Vice President. Even though she was duly elected, she is not above the law. These crimes cannot be ignored any longer. We wont have a Republic left if this is allowed to continue.
3.3 Vice President, Kamala Harris represents the US government in its full capacity. Joe Biden designated her as the Border Czar. I petition the US government, IE. Vice-President and border Czar, Kamala Harris, to prove how she thinks the 14th Amendment makes her eligible to be Vice-President, as she claims in all 50 states.
3.4 Plaintiff submits bringing this to the attention of the courts as a common citizen becomes necessary because the normal agencies, DOJ, FBI, DHS, of our government under normal circumstances, are charged with ensuring the Constitution is protected, enforced and our elections are safe, legal and fair, have become obviously complicit in this fraud and refuse to take up this matter going on 17 years now.
3.5 I hope the day has not come where a common citizen can no longer point out real Constitutional election violations and bring them to the attention of the courts and expect the Courts to look at it and rule accordingly, just as they would with any embezzler, bank robber, Spy or white collar criminal.
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3.6 Kamala Harris, is the same person that cannot define a biological woman or admit there are only two genders (exhibit C).
3.7 She is also trying to change the Constitution by changing the given definition of a 14th Amendment citizen, born to foreign citizen parents, from just being a CITIZEN, the same as a naturalized citizen, to be a US natural born citizen.
4. That would mean anyone born in America regardless of parental allegiance (citizenship) would be considered a US natural born citizen and eligible to be President. That's absurd! The Founding Fathers are rolling over in their graves.
4.1 The 14th Amendment to the U.S. Constitution reads in part: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are CITIZENS of the United States and the State wherein they reside."
4.2 Funny thing about the Constitution you cant add words (natural born) nor remove words to suit your political agenda. The words Natural Born are not found in the 14Th.
4.3 In 1862 During the 37th Congressional Debate on the 14th Amendment, Ohio Representative John Armor Bingham, known as the Chief Architect and Father of the 14th Amendment that gave Kamala Harris her "birthright citizenship" stated: “All from other lands, who by the terms of [congressional] laws and a compliance with their provisions become naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural born citizens. Gentleman can find no exception to this statement touching natural-born citizens except what is said in the Constitution relating to Indians.” (Cong. Globe, 37th, 2nd Sess., 1639 (1862))
4.4 In 1866, during 14th Amendment House debates, Ohio Representative John Bingham, again stated: “I find no fault with the introductory clause, which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen; but, sir, I may be allowed to say further, that I deny that the Congress of the United States ever had the power or color of power to say that any man born within the jurisdiction of the United States, and not owing a foreign allegiance, is not and shall not be a citizen of the United States.” John A. Bingham, (R-Ohio) US Congressman, Architect of Section 1 of the 14th Amendment, March 9, 1866, Cong. Globe, 39th, 1st Sess., 1291 (1866), Sec. 1992 of U.S. Revised Statutes (1866), Cf. U.S. Const. XIVth Amend.
4.5 As stated earlier this is already settled law. The subject of a child born on US soil to foriegn citizen parents as Kamala Harris was, has already been settled by the Supreme Court. United States v. Wong Kim Ark, 169 U.S. 649 (1898), was a landmark decision of the U.S. Supreme Court which held as the 14th Amendment states that "a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, automatically became a U.S. CITIZEN at birth”. Natural born is not mentioned.
4.6 It has been settled law since 1776/1787 and the Supreme Court re-affirmed that definition again in Minor v. Happersett 88 U.S. 162 (1874), and again when they ruled on this subject in Wong Kim Ark, 169 U.S. 649 (1898).
4.7 During discussions in United States v. Wong Kim Ark, 169 U.S. 649 on Page 169 U. S. 655 reference is made to Minor v. Happersett 88 U.S. 162 (1874). In that decision SC Chief Justice Waite stated: "The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature (exhibit D) 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."
4.8 When deciding United States v. Wong Kim Ark, 169 U.S. 649 they had the Founding Fathers Constitutional definition of a Natural Born Citizen before them. If the Court had thought Wong was a Natural Born Citizen they would have stated that, but they didnt. They made Wong a CITIZEN and only a CITIZEN. Just as the 14th states.
4.9 The Gray court found the simple factor that determines whether one is merely a 14th amendment citizen, or a US natural born citizen born, is, to what country was the ALLEGIANCE (citizenship) of the PARENTS, the instant the child was born.
5.0 As recently as 2008 during Senate Resolution 510: McCain Is A ‘Natural Born Citizen’ - Democrat Senators Leahy and McCaskill Introduced a Resolution To Make Clear Senate’s Position On Candidate’s McCain`s Status
5.1 WASHINGTON (Thursday, April 10, 2008) – Sens. Patrick Leahy (D-Vt.) and Claire McCaskill (D-Mo.) today introduced resolution 510 expressing the sense of the U.S.
Senate that presidential candidate and current Senator John McCain (R-Ariz.) is a ‘natural born citizen,’ as specified in the Constitution and eligible to run for President.
5.2 “Because he was born to American citizens there is no doubt in my mind that Senator McCain is a natural born citizen,” said Leahy. “I expect that this will be a unanimous resolution of the Senate.”
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5.3 “It is silly for anyone to argue that Senator McCain is not eligible to become president,” said McCaskill. “I would hope that this is something we can all agree on, for goodness sakes.”
5.4 At a Judiciary Committee hearing on April 3, 2008, Leahy asked Homeland Security Secretary Michael Chertoff, himself a former Federal judge, if he had doubts that McCain was eligible to serve as President.
5.5 “My assumption and my understanding is that if you are born of American parents, you are naturally a natural-born American citizen,” Chertoff replied. “That is mine, too,” said Leahy.
5.6 Leahy, McCaskill and Chertoff know Kamala Harris is a 14th Amendment anchor baby with foreign citizen parents, yet they say nothing about her ineligibility today. This is what true political agenda corruption looks like.
6. The 12th Amendment states:
6.1 "But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States".
6.2 Article II Section I Clause 5 Presidential Requirements
6.3 The requirements to be President are stated: "No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States".
6.4 The Founding Father's natural born citizen definition is found in Article II Section I Clause 5. Where did the founding fathers think these new "Natural Born Citizens" were going to come from? They would be the children of the newly created citizens!
6.5 Citizens and US Natural Born Citizens are not the same. As you can see he original constitution makes a legal distinction between being a citizen and being a natural born citizen and the only time a mere citizen, can be President, is if they lived in the 18th century, not in 2024.
6.6 The citizenship clause of the 14th amendment was put there to give citizenship to the newly freed 13th Amendment black slaves. Does the court or anyone else think those newly freed black slaves were to be considered natural born citizens and eligible to be president.
6.7 RELIEF REQUESTED
6.8 The court could decide that Kamala Harris interpretation of the 14th Amendment and Article II Sec.1 Cl.5 constitutional requirements to be President, raises serious issues of such sufficiently great public and national importance that the court will entertain the issues presented as a matter within this courts jurisdiction.
6.9 In that case, the writ of mandamus, if granted, would issue directly to Kamala Harris.
7. Wherefore, Plaintiff respectfully prays that this court:
7.1 Grant injunctive relief in the form of a writ of mandamus requiring Kamala Harris to immediately explain exactly how she thinks, and by which law or statute, a 14th amendment citizen, born to two foreign citizen parents, whose allegiance is to the countries they come from, in this case, Jamaica and India, is a US natural born citizen.
7.2 Should the court find her interpretation of the 14th Amendment and Article II Sec.1 Cl.5 constitutional requirements to be President inadequate , then the only remedy would be removal from her position as Vice-President. The court should then make it plain that children that are given 14th Amendment "Birthright Citizenship" do not acquire Natural Born Citizen status.
7.2 CONCLUION
7.3 In no way would Plaintiffs demands for relief cause any undo hardship or difficulty for any valid setting Vice-President. The requests could be made and answered in no more than two or three days and the matter resolved to the satisfaction of plaintiff, the courts, the Founding Fathers, additional interested parties and petitioners.
7.4 No undue complexity or unwarranted intrusion would be added to the question of defendant(s) citizenship status since this is the first time in our 248 year history that a child, born of two foreign citizen parents, an anchor baby, is a setting Vice-President.
7.5 The Founders will roll over in their graves if this travesty is allowed to continue. This will be the end of all ends for the Constitution we hold so dear.
7.6 Considering the gravity of this matter at hand that could shake the underpinnings of the peoples confidence in the electoral system, with attended irrecoverable damage to that process by plaintiff and millions of other voters and subsequently to other persons and property should that failure of confidence result in civil unrest.
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7.7 Petitioner respectfully asks this court to take emergency action and to grant relief as outlined in this petition or such alternative forms of relief as the court deems prudent that would mitigate the real or potential damages plaintiff has herein described.
7.8 Plaintiff submits he is not asking for the court to define what a constitutional Natural Born Citizen is. Plaintiff is asking the court to define and enforce the 14th Amendment as it is written with its original 1868 meaning. This has already been ruled on by the Supreme Court and there can be no doubt, it makes children born on US soil to foreign citizen parents, CITIZENS and CITIZENS only, not Natural Born Citizens.
7.9 This should be the most simple case ever presented to a court for such a serious Constitutional crime against all the citizens of America. It should be cut and dried!
8. There can be little doubt that I and all of America have suffered serious injury from the rapes, robberies and murders of US citizens by illegal aliens, to the sucking sound you hear on our tax dollars to support these illegals, to an actual fear just to walk down the streets, to an illegal alien drug mule fueled Fentanyl epidemic, killing our children, all because of the decisions of an illegitimate border czar.
8.1 The actions of this 14th Amendment Anchor Baby posing as a Natural Born Citizen imposing illegitimate actions as a so-called "Border Czar" has caused untold misery on all of America and unknown future harm and injury because of these actions!
8.2 The law is very clear on this subject. There has never been a decision by any court that equated a 14th Amendment citizen born to foreign citizen parents to be considered a US Natural Born Citizen. If there were it would be unconstitutional.
8.3 It was just a few short years ago (exhibit E) that they were speaking about removing the ability to obtain US "Birthright Citizenship" via the 14th Amendment, so how can they be considered US natural born citizens just 9 years later?
8.4 Funny thing about the Constitution you cannot add words (natural born) nor can you remove them to suit your agenda. The words natural born are not to be found in the 14th Amendment or the Wong Kim Ark ruling.
8.5 Plaintiff submits the defendent and her attorney`s will do everything in their power to have this case dismissed on any technicality they can think of and beg of the court.
8.6 The Constitution deserves more than a casual dismissal. It deserves to be protected at all costs! Plaintiff submits this needs to be looked at ASAP.
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8.7 Plaintiff submits the last thing Harris and her team want is for this case to be looked at based on what the law actually says and wish the court to look the other way.
9. We pray the court looks at the merits of the case and decides to preserve the viability and functionality of the constitution for years to come, not to bend to pressure because of the ramifications of what has already transpired.
9.1 Plaintiff submits if this isnt stopped now it never will be and 14th Amendment Anchor Babies will be eligible to be President from now on. This cannot be allowed to happen. When they look back on this in 100, 200 years from now, history will not be kind to the court that allowed this to happen to the Constitution.
10. Plaintiff submits the word "standing" cannot be found in the constitution or Declaration of Independence and should have no relevance on unconstitutional fraud issues. 11. Plaintiff submits this is one citizen, Harris against another citizen, Plaintiff, neither of which are officially candidates for election for any office in Ohio or any other State.
10. Plaintiff submits the word "standing" cannot be found in the constitution or Declaration of Independence and should have no relevance on unconstitutional fraud issues. 11. Plaintiff submits this is one citizen, Harris against another citizen, Plaintiff, neither of which are officially candidates for election for any office in Ohio or any other State.
Dated: July 24, 2024
Respectfully submitted,
Home phone:XXX XXX XXXX
email: XXXXX X XXXXXX XXX
Petitioner Pro Se
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Declaration
I declare under penalty of perjury under the laws of the state of Ohio that the foregoing is true and correct to the best of my knowledge.
Dated: 7/24/2024
Signature of Lawyer or Moving Party WSBA
Pro Se
Attached Exhibit A - Federal Election Commission (FEC) Chairman Sean Cooksey
Attached Exhibit B - Marbury vs. Madison
Attached Exhibit C - Birthright Citizenship
Attached Exhibit D - Gender Equality
Attached Exhibit E - Birthright Citizenship
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