Amended Verified Complaint and Petition in Re FOIA USDC DC 08cv2234 010509 with Original FOIA Complaint of 11/22/08

8/14/2019 Amended Verified Complaint and Petition in Re FOIA USDC DC 08cv2234 010509 with Original FOIA Complaint of

1/96


2/96

Strunk v. U.S. Department of State et al. DCDC 08-cv-2234

Supplement Petition for Writ of Mandamus Page 1 of 20

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

--------------------------------------------------x Case No.: 08-cv-2234 (RJL)

:

CHRISTOPHER EARL STRUNK : SUPPLEMENT AMENDED

: VERIFIED COMPLAINT

Petitioner, : AND PETITION FOR

v. : WRIT OF MANDAMUS

: UNDER F.O.I.A.

U.S. DEPARTMENT OF STATE, and :

U.S. DEPARTMENT OF HOMELAND :

SECURITY, :

Defendants. :

:

-------------------------------------------------x

NOW COMES Christopher Earl Strunk, as the Petitioner, and

brings this Supplement Amended Complaint under Federal Rules of Civil

Procedure Rule 15(a)(1)(c)(1)(B)(d) of the Complaint filed with the clerk of

the District Court on November 26. 2008, and pursuant to the Freedom of

Information Act, 5 U.S.C. 552, et sequitur, against the Defendants the

United States Department of State, and U.S. Department of Homeland

Security, stating:

JURISDICTION AND VENUE

1. This cause of action arises under the Freedom of Information Actpursuant to 5 U.S.C. 552. Jurisdiction is properly before this Court

pursuant to that federal statute with the United States District Courts under

28 USC 1331 with a Federal question and under 28 USC 1346.


3/96



2. This particular District Court for the District of Columbia affords theproper venue under 28 USC 1391 (e) (2) for this action in that the

Defendant U.S. Department of State and Defendant U.S. Department of

Homeland Security as each is located within the District of Columbia and

the failure of the Defendant and or Defendants to act separately and or in

concert was also within the District of Columbia.

3. Petitioner filed this complaint requesting this Court to Order the U.S.Department of State and U.S. Department of Homeland Security to fulfill

their obligations pursuant to the Freedom of Information Act (hereinafter

"FOIA") immediately turn over the following documents on the following

individual:

a. Stanley Ann Dunham, a/k/a Ann Dunham a/k/a Stanley AnnObama a/k/a Ann Obama a/k/a Stanley Ann Soetoro a/k/a Ann

Soetoro a/k/a Stanley Ann Sutoro a/k/a Ann Sutoro a/k/a

Stanley Ann Dunham Obama a/k/a Ann Dunham Obama, born

November 29, 1942 at Wichita Leavenworth KS. U.S., a.k.a.

Stanley Ann Dunham Obama and who died on November 7,

1995 under the name Stanley Ann Dunham Soetoro (a.k.a.

Sutoro), SSN: 535-40-8522; and

b. Barack Hussein Obama, Jr. a/k/a Barry Soetoro Date of Birth:


4/96



August 4, 1961 and as a living natural person; and

4. The following documents:a. Any and all U.S. Applications for a U.S. Passport;b. Entry and Exit Passport Records pertaining to the United States

and Kenya from the period of time of January 01, 1960 to

December 31, 1975 and January 1, 1979 to December 31,

1985;

c. Entry and Exit Passport Records pertaining to the United Statesand Indonesia from the period of time of January 01, 1960 to

December 31, 1973 and January 1, 1979 to December 31, 1985;

d. The above travel records on for the dates specified travelling ona U.S. Passport, Kenyan Passport, Indonesian Passport or any

other foreign passport and/or visa;

e. Foreign Birth Certificate registered and filed with the U.S.Embassy, Kenya and/or U.S. Embassy of Indonesia for Barack

H. Obama a/k/a Barry Soetoro, Date of Birth: August 4, 1961;

f. Foreign Birth Registry filed with the U.S. Embassy, Kenyaand/or U.S. Embassy of Indonesia by Stanley Ann Dunham, et

al. Registering the birth of Barack H. Obama a/k/a Barry

Soetoro, Date of Birth: August 4, 1961; and


5/96



g. Adoption Records and/or Governmental "Acknowledgment"wherein Barack H. Obama a/k/a Barry Soetoro was

"acknowledged" as Lolo Soetoro, M.A.'s son.

5. Pursuant to the Freedom of Information Act, the Petitioner,Christopher Earl Strunk, petitions this Court for extraordinary relief in

the nature of a writ of mandamus under 28 USC 1651, directed to

Respondent, United States Department of State, and its employees and

agents in the United States Department of State and ;

6. This action seeks to compel the U.S. Department of State toturn over the records requested pursuant to a Freedom of Information Act

referred to herein.

7. In support of this amended verified petition, Petitioner avers thefollowing:

THE PARTIES

8. Petitioner, Christopher Earl Strunk (hereinafter "Petitioner"), is anindividual who resides with place for service at 593 Vanderbilt Avenue #281

Brooklyn, NY 11238; Email: [email protected], cell-845-901-6767.

9. Defendant, United States Department of State, is a GovernmentalAgency located at 2201 C Street N.W., Washington, D.C. 20520.

10. Defendant, United States Department of Homeland Security, is a


6/96



governmental agency created pursuant the Patriot Act, and whose Executive

level cabinet Secretary is Michael Chertoff with mailing address located at

Washington, DC 20528.

11.That under the Patriot Actthe U.S. Department of HomelandSecurity is in control ofthe Bureau of Customs and Border Control located

at 799 Ninth Street, N. W. at the Mint Annex Washington D.C. 20229.

FACTS

12.On October 17, 2008, Petitioner filed a FOIA request directed to theUnited States Department of State request for the above cited records for the

person referenced at paragraph 3 (a) for the period from 1960 through 1963,

and Petitioner sent the request via United States Postal Service, Certified

Mail, Return Receipt Requested; a true and correct copy of Petitioner's letter

is attached hereto and incorporated in by reference as Exhibit A.

13.Petitioner filed the FOIA request for travel records shown as ExhibitA that was deposited with the USPS certified with return receipt request for

two-day delivery by October 20, 2008, as per the true and correct copy of

the USPS mailing purchase receipt attached herewith marked Exhibit B.

14.That on October 27, 2008, the USPS confirmed delivery of the FOIArequest for records under the control of the United States Department of

State, (see Exhibit C).


7/96



15.That on October 30, 2008, Defendants agent signed the return receiptfor the FOIA request shown as Exhibit A for Petitioner's FOIA request at the

U.S. Department of State; that thereafter, was delivered to my mailing

address by the USPS, (see Exhibit D).

16.On or about November 7, 2008 Petitioner never received anyresponse from Defendant / Respondent for any of the information requested

in regards to above paragraph 3(a).

17.On November 22, 2008, Petitioner filed the FOIA request withreference number B8475 the information detailed above in regards to above

living natural person described in paragraph 3(b); see the U.S. Department

of State request confirmation marked Exhibit E.

18.On November 22, 2008, Petitioner filed a declaration in support ofthe FOIA request with reference number B8475 the information detailed

above in regards to above living natural person described in paragraph 3(b),

with a cover letter and attachment of the FOIA request on the deceased

person described in paragraph 3(a) see Exhibit F.

19.A true and correct copy of the return receipt is attached hereto andincorporated see Exhibit G.

20.That as a matter of Bureau of Customs and Border Control concern,based upon the school records (see Exhibit H) provided by Indonesian


8/96



authorities as to Barry Soetoros adoption by Lolo Soetoro and schooling in

Indonesia as a natural born Indonesian citizen, indicates that Barry Soetoro

may be an illegal alien improperly in the United States.

21.That as a matter of Bureau of Customs and Border Control concern,based upon information and belief there is an imposter presently using the

deceased Stanley Ann Dunham Soetoros (a.k.a. Sutoro) SSN: 535-40-8522

for employment at the Ford Foundation and is residing in New York City.

22.On December 26, 2008, Petitioner filed a FOIA request for recordscited above in paragraphs 3 through 4(g) and paragraph 21 directed to the

Bureau of Customs and Border Control of the U.S. Department Of

Homeland Security located at 799 Ninth Street, N. W. in the Mint Annex

Washington D.C. 20229 to the attention of Mark Hanson Director FOIA

Division (see Exhibit I).

23.The above records do not fall within any of FOIA exemptions items.24.The above documents do not involve any of the FOIA exemptions

which include National defense or foreign policy records, 5 U.S.C.

552(b)(1), internal personnel rules and practices of an agency, 5 U.S.C.

552(b)(2); exemption by other federal statutes, 5 U.S.C. 552(b)(3);

trade secrets, commercial or financial information, 5 U.S.C. 552(b)(4);

inter-agency or intra-agency memoranda 5 U.S.C. 552(b)(5); personnel


9/96



and medical files, 5 U.S.C. 552(b)(6); information complied for law

enforcement purposes, 5 U.S.C. 552 (b)(7); information contained in or

related to examination, operating or condition reports prepared by, on behalf

of, or for the use of an agency responsible for the regulation or supervision

of financial institutions. 5 U.S.C. 552(b)(8); nor does the information

requested involve geological and geophysical information, 5 U.S.C.

552(b)(9).

25.The above requested documents are extremely critical and importantto Petitioner as well as the general public and are of substantial public

interest.

26.The overwhelming majority of the Electoral College slates of theStates of the several States received the majority advisory votes cast for

Barack Hussein (H.) Obama a/k/a Barry Soetoro [hereinafter "Obama"]

and thereby won the general election votes on November 4, 2008; and

subsequent to canvassing in each State of the several States the Electoral

College of each state of the several states is to be certified by the state

officials over every state on or about December 1, 2008 is to assembly in

each State of the several States to cast their votes on December 15, 2008.


10/96



27.Mr. Obama is not a U.S. "natural born" citizen and ineligible to serveas the United States President, pursuant to the United States Constitution,

Article II, Section 1, Clause 5.

28.Although Mr. Obama claims to have been born in two (2) separatehospitals in Hawaii, he was actually born in Mombasa, Kenya to his mother

a U.S. citizen and his father a Kenyan National.

29.Mr. Obama's mother (referenced above in paragraph 3(a)) was not oldenough pursuant to the Nationality Act of 1940, revised June 1952 to pass

on U.S. "natural born" citizenship to Mr. Obama.

30.The U.S. Law in effect during Mr. Obama's birth stated if you areborn abroad to one U.S. parent and a foreign national, the U.S. parent must

have resided in the United States for ten (10) years, five (5) of which were

after the age of Fourteen (14) in order to register the child's birth abroad in

the United States as a "natural born" U.S. citizen, under the Nationality Act

of 1940, revised June 1952, United States of America v. Cervantes-Nava,

281 F.3d 501 (2002),Drozd v. I.N.S., 155 F.3d 81, 85-88 (2d Cir.1998),

United States v. Gomez-Orozco, 188 F.3d 422, 426-27 (7th Cir. 1999),

Scales v. Immigration and Naturalization Service 232 F.3d 1159 (9th Cir.

2000), Solis-Espinoza v. Gonzales 401 F.3d 1090 (9th Cir. 2005).


11/96



31.Under the Nationality Act of 1940, revised June 1952, is the law thatapplies to a birth abroad and is in effect at the time of birth,Marquez-

Marquez a/k/a Moreno v. Gonzales 455 F. 3d 548 (5th Cir. 2006),Runnett v.

Shultz, 901 F.2d 782, 783 (9th Cir.1990) (holding that "the applicable law

for transmitting citizenship to a child born abroad when one parent is a U.S.

citizen is the statute that was in effect at the time of the child's birth").

32.Stanley Ann Dunham, Mr. Barry Soetoro's mother, was only 18 whenshe gave birth to Barack Hussein Obama, Jr. She was not old enough to

register Obama's birth in Hawaii or anywhere else as a United States "natural

born" citizen as she did not meet the residency requirements pursuant to our

United States Laws; as such it does not matter that this is a minor

technicality, the law is applied regardless - see United States of America v.

Cervantes-Nava, 281 F.3d 501 (2002),Drozd v. I.N.S., 155 F.3d 81, 85-88

(2d Cir.1998).

33.Mr. Barry Soetoro has been asked for his "vault" version birthcertificate; however, he has refused, which has prompted law suits across the

United States.

34.Instead, Mr. Barry Soetoro and or his agent(s) placed an image of aHawaiian Certification of Live Birth (COLB), which is issued for all birth's


12/96



registered in the State of Hawaii; the COLB, does not prove "natural born"

citizenship or birth in Hawaii.

35.A COLB is sufficient proof of citizenship; however, it does not prove"natural born" citizenship, a COLB is issued to those who are simply

"naturalized".

36.There is absolutely NO doubt in Petitioners mind that Mr. BarrySoetoro's birth in Kenya was registered in Hawaii, at which time, yes they

would have issued a COLB; however, Barry Soetoro's birth could have

ONLY been registered as "naturalized" as his mother did not meet the

citizenship requirements to register Barry Soetoro's birth as "natural born",

Nationality Act of 1940, revised June 1952, United States of America v.

Cervantes-Nava , 281 F.3d 501 (2002),Drozd v. I.N.S., 155 F.3d 81, 85-88

(2d Cir.1998), United States v. Gomez-Orozco, 188 F.3d 422, 426-27 (7th

Cir. 1999), Scales v. Immigration and Naturalization Service 232 F.3d 1159

(9th Cir. 2000), Solis-Espinoza v. Gonzales 401 F.3d 1090 (9th Cir. 2005),

and as such the law that applies to a birth abroad is the law in effect at the

time of birth,Marquez-Marquez a/k/a Moreno v. Gonzales 455 F. 3d 548

(5th Cir. 2006),Runnett v. Shultz, 901 F.2d 782, 783 (9th Cir.1990) (holding

that "the applicable law for transmitting citizenship to a child born abroad


13/96



when one parent is a U.S. citizen is the statute that was in effect at the time

of the child's birth").

37.Mr. Barry Soetoro's citizenship status is further complicated by thefact he was enrolled by Lolo Soetoro in a public school, Fransiskus Assisi

School in Jakarta, Indonesia; the records received as copies of the school

registration, in which it clearly states Mr. Barack Hussein Obama's name as

"Barry Soetoro" and lists his citizenship as Indonesian, shown as Exhibit H.

38.Mr. Obama's father is listed as Lolo Soetoro, and Mr. Obama'sReligion is listed as Islam.

39.At the time Mr. Obama was registered the public schools obtainedand verified the citizenship status and name of the student through the

Indonesian Government; and that Indonesia at this time was a police state

and foreign students were not allowed to attend public schools.

40.The Indonesian school, upon registration of a new student, verifiedthe citizenship status and name of the child with the Indonesian

Government; moreover, Indonesian Immigration and police checked all

public schools on a weekly basis to ensure the only students attending were

in fact Indonesian citizens.

41.Due to Mr. Obama's birth abroad, he could only be "naturalized",second, he became a "natural" citizen of Indonesia; even if Obama's


14/96



adoption and/or acknowledgment allowed him to choose his citizenship

status, there is more involved.

42.Indonesia, still to this day, does not permit dual citizenship, and thelaw in Indonesia states if a minor who lost citizenship in another country

may reclaim that citizenship; however, prior to age 21, they must swear a

declaration signed and served and filed with Indonesia their desire to

relinquish their citizenship status.

43.Furthermore, if this is not done by age 21, they lose that right; and asstated in the Indonesian laws, "at the age of 18, the child can choose whether

to stay an Indonesian citizen or follow their foreign father's citizenship. They

will be then given additional three more years to decide on which nationality

to choose.", e.g. 18 + 3 = 21.

44.The problem here is the citizenship of Mr. Obama's father "Soetoro"is Indonesian; Indonesia did not recognize dual citizenship.

45.The Indonesian citizenship law was designed to prevent apatride(stateless) or bipatride (dual citizenship); Indonesian regulations recognize

neither apatride nor bipatride citizenship.

46.TheHague Convention prevented the U.S. from interfering withIndonesia's laws.

47.Indonesia did not recognize dual citizenship, thus, neither did the


15/96



U.S.; and an adoption per se severs all relationship to the birth place and/or

citizenship of a birth parent.

48.Once Indonesian "natural" citizenship status occurred, it stayed; andin order, according to Indonesia, which is whose law prevails, Mr. Obama

would have been required to relinquish in writing under oath his Indonesian

citizenship and file the declaration with Indonesia government.

49.Indonesian citizenship does not expire without a person, indeclaration, swears under the penalty of perjury, to relinquish Indonesian

Citizenship and files said document with the government no later then age

21, as under the Indonesian Constitution, Article 2.

50.If Mr. Barry Soetoro wanted to fully regain any U.S. Citizenshipstatus he may have had, he would have had to undue the adoption or go

through paternity to prove Soetoro was NOT his father in the case of Soetoro

Acknowledging Mr. Obama as his son, both of which gave Mr. Obama

"natural" Indonesian status, which is the same as U.S. "natural born"

citizenship status.

51.Under Indonesian law, when a male acknowledges a child as his son,it deems the sonin this case Obamato be an Indonesian State citizen;

the Constitution of Republic of Indonesia,Law No. 62 of 1958 Law No. 12

of 2006 dated 1 Aug. 2006concerning Citizenship of Republic of Indonesia,


16/96



andLaw No. 9 of 1992 dated 31 Mar. 1992 concerning Immigration Affairs

and Indonesian Civil Code (Kitab Undang-undang Hukum Perdata)

(KUHPer) (Burgerlijk Wetboek voor Indonesie).

52.Further, the Indonesia Constitution, Article 2 states "It is stipulatedthat an adopted child has the same status as a natural child and that his or

her relationship to the birth parents is severed by adoption".

53.Further, the Indonesia Constitution, Article 2 states: "on the conditionof ratification of the adoption by the District Court: The law stipulates that

children of mixed couples automatically assume their father's citizenship,

and a divorced wife cannot take custody of her children because they have

different citizenship..

54.Furthermore, Indonesia did not allow Dual Citizenship or DualNationality thus Mr. Barry Soetoro is not a U.S. Citizen, he is Indonesian;

neither Mr. Obama's place of birth or the nationality of his American parent

are relevant, the Indonesian Law takes precedence under The Master

Nationality Rule of Article 4 of the Hague Convention of 1930.

55.The United States accepts the existence ofDual Nationality only ifthe other country does; however,Hague Conventions are applied by the

United States and this has been in effect since before 1930 (Memorandum

on Nationality, including Statelessness:Document A/CN.4/67, Prepared by


17/96



Ivan S Kerno, International Law Commission, United Nations General

Assembly, 6th April 1953.); thus, Mr. Barry Soetoro is not a "natural born"

citizen and my not even be a naturalized citizen.

ARGUMENT IN SUPPORT OF RELIEF

56.Petitioner / Plaintiff has standing to sue under the Freedom ofInformation Act (FOIA), 5 U.S.C. 552 et seq. (1994); and anyone denied

information under the Freedom of Information Act (FOIA), 5 U.S.C. 552

et seq. (1994) has standing to sue regardless of his or her reasons. Akins

vs.FEC, 322 US. App. D.C. 58; 101 F.3d 731; 1996 U.S. App. LEXIS 31253

(1996), 524 U.S. 11 (1998); Public Citizen vs. FTC, 276 U.S. App. D.C.

222, 869 F.2d 1541(D.C. Cir. 1989).

57.Petitioner / Plaintiff has suffered an informational injury as a voterand member of the public; and the lack of information on Mr. Barry

Soetoro's citizenship, caused by the State Departments action, limited the

information available to him as a voter and impaired his ability to influence

and inform the public and policymakers.

58.If a party is denied information that will help it in making a votingdecision that party is obviously injured in fact; and as stated inAkins, the

court noted that:

"[a] voter deprived of useful information at the time he or she votes

suffers a particularized injury in some respects unique to him or herself


18/96



just as a government contractor, allegedly wrongfully deprived of

information to be made available at the time bids are due, would suffer a

particularized injury even if all other bidders also suffered an injury."

59.Even if all individuals who voted for any of the other Democraticcandidates for President, suffered the same injury that does not take away

from the individual injury that Petitioner / Plaintiff suffered.

60. Even assuming a request under FOIA triggered legitimate PrivacyAct concerns, the U.S. Department of State was required to provide

Petitioner with reasonably segregable portions of that correspondence, 5

U.S.C. 552(b);Department of State v. Ray, 502 U.S. 164 (1991) (disclosure

of personal information without identifying details),Baltimore Sun v.

Marshals Service, 131 F. Supp. 2d 725, 729 (D. Md. 2001) (identity of

purchasers of seized government property disclosed).

61.There are noper se rules of nondisclosure, see Stern v. FBI, 737 F.2d84, 91 (D.C. Cir. 1984); and FOIA Exemption 6 does not justify the

withholding of information regarding individuals particularly where the

privacy interest is minimal and the public interest in disclosure is strong, and

the balance of interests under Exemption 6 "instructs the court to tilt the

balance in favor of disclosure." Getman v. NLRB, 450 F.2d 670, 674 (D.C.

Cir. 1971).

62.These issues can be easily resolved; the documents requested will


19/96



either prove that Barry Soetoro is in fact a "natural born" U.S. Citizen or

they will prove he is not, at which point he will have to be removed as the

Presidential candidate and would require a restraint upon the Electoral

College vote cast and certified on or after December 15, 2008; however,

after January 20, 2009 will require Defendant U.S. Department Of

Homeland Security with control ofthe Bureau of Customs and Border

Control to enforce U.S. Title 8 and related laws as to Mr. Barry Soetoro, and

the living person using the SSN: 535-40-8522 accordingly in coordination

with the U.S. Department of Justice.

63.For the above aforementioned reasons, the above requesteddocuments are of great public interest and without receiving said documents;

our Country is at risk of allowing an illegal candidate to serve as President

of the United States which constitutes a huge National Security dilemma.

64.The court determines whether disclosure is warranted by"balanc[ing] the public interest in disclosure against the [privacy] interest

Congress intended the Exemption to protect."Dep't of Justice v. Reporters

Comm. for Freedom of Press, 489 U.S. 749, 776 (1989). The public interest

in disclosure lies in "open[ing] agency action to the light of public scrutiny,"

Reporters Comm., 489 U.S. at 772.

65.Under FOIA, 5 U.S.C. 552, Attorney Fees and Costs are


20/96


21/96



AMENDED V E R I F I C A T I O N

STATE OF NEW YORK )

) ss.

COUNTY OF KINGS )

Accordingly, I, Christopher Earl Strunk, being duly sworn, depose and say under penalty

of perjury:

1. That I am the Plaintiff / Petitioner, Christopher Earl Strunk, pro se without beingan attorney, with place for service at 593 Vanderbilt Avenue #281 Brooklyn, New

York 11238; Email: [email protected] Cell- (845) 901-6767.

2. I am an active voter within the New York 57th Assembly District (AD) and NY18

thSenate District (SD) created in April 2002.

3. I have read the attached Supplement Amended Petition in FOIA Case 08-cv-2234for Extraordinary Relief in the Nature of a Writ of Mandamus and I know its

contents; the facts stated in the Petition are true to my own personal knowledge,

except as to the matters therein stated to be alleged on information and belief, and

as to those matters I believe it to be true. The grounds of my beliefs as to all

matters not stated upon information and belief are as follows: 3rd

parties, books

and records, and personal knowledge. except as to those stated upon information

and belief, which I believe to be true.

________________________

Christopher Earl StrunkSworn to before me

This ____ day of January 2009

_____________________Notary Public


22/96

VERUI'IIEDCOMPLAINT and PETITION forWRlT OF MANDAMUS under F.O.I.A.

EXNIBIT "A"


23/96

ChristopherEarlStnmk593 Vanderbilt Av- - #282Brooklyn, New York 1 238

UNITEDSTATESDEPARTMENTOF STATE2201C treetN.WWashingtMlD.C 0520Attn: FOIA Wormation OBcer

Subject: Freedom of Lafhmion ActRequestfor tmvd rPconisofStanleyAnn Dunham ( M a ) .

Towhom it may concern,As ofrightunder the Freedom ofI n f o d o n Act, 5 U.SC.

subsection 552, Iam reqwdhghfmnation or recordsrelated to StanIeyAnn Dunham born Novernber29,1942 at Fort LeavenworthKS. US., .ka.StanleyAnnDtmhm Obama a.ka and who died onNovember 7,1995rm&r the name Stanley Am Drmbam Soetoro (aka.Sutaro) formy and orall exit and entry records fw travel outsideof he USA for the periodbefweea 1960 through 1963.If there are anyfees form b b g er, reviewing,or copring therecords,please letme know before you task my request.

lfy w deny alI or any part of thisques t ,please cite each specificExemption you think justifiesyour r e f i d to mlease the i n f o d m andnot&rnr uf appeal pkc& availaMeunder the law.Sincerely y am ,


24/96

VERIFIED CQMPLAW T and PETITION farWRIT OF MANDAMUS under F,O.I.A.


25/96


26/96

==----~-----cI&~==nMES S(JU9RE STA,NY, Nsw York

- - .----,---------..--- ------ la4 zfpt-~t 5ak Unit F f ~ lh r i p t h 0 t ~ r i g P r f a

b t t i f edLabel #:XBN Wi

Total:Paid hy:G&caanae Oue;Qrkr si:&lnpa at USPS,m/shopvr1$00-%asrp24. 0a toLfsPS.m/cli~kshipo prints h i ~ i n g abs!s with past-, Forother infmation cal l~-rn-ASK*,

A l l sales final on stasps and gaitage,Rfonds fo r mrmtw srvicas only.Thank YW Ibr your bustnass.**--#*8**$$-*&-m*-x.J!

HELP L1S SERVE YOU BETTER

TUL US 88M)T YOUR RECEMPOSFht EXPERIENCE


27/96

VERIFIED COMPLAINTand PETITION forWRIT OF MANDAMUS under F.O.I.A.

EXHIBIT cCC"


28/96

USPS - Track& Confirm Page 1 of 1

Home 1 Help

Track&ConfirmSearch ResultsLabellReceiptNumber: 70072560 0002 3103 1739status:OeltveredYour Hem was delivered at 1252 M onOdok r 27,2008 inWASHINGTON.DC 20520.

EntarbbeVFbaceiptNumber.

- .lwlkamuptimTrack8 Confim by emailGetmm t event inbrmafionw updates forywr temsent to yw r o h m y emeil.@


29/96

VEFUFIED COMPLAINT and PETITION forWRIT OF MANDAMUS under F.O.I.A.


30/96


31/96

VERIIFIED COMPLALNT and PETITION forWRITOFMANDAMUS under F.O.1.A.

EXHIBIT "F;?


32/96

Thank you. Your requesthas been subm-W.Thls is a request filed under the Freedom of Infomation Act.RequestDate: 11/22/2008Request Reference Number: 88475

Return to FOIA Request GeneratorReturn to FOIA Home Page

The time period of my request is between 1/1/1960 and 12/31/1985

Description of request:As a matter of statutory responsibi lty by act of Congress the U.S. Department is tomaintarn records for the below listed natural persons and that pursuant to the Freedomof lnformation Act are to tu rn over the following documents on the following individual:1. m n l e y Ann Dunham, a/k/a Ann Dunham a/k/a Stanley Ann Obama a/k/a AnnObama a/k /a Stanley Ann Soetoroa/k/a Ann Soetoro a/k/a Stanley Ann Sutoro a/k/aAnn Sutoro a/k/a Stanley Ann DushamObama a/k/a Ann Dunham Obama, bornNovember 29,1942 a t Fort Leavenworth US. U.S., a k a . Stanley Ann Dunham Obamaandwho died on November 7,1995 under the name Stanley Ann Dunham Soetoro (a.La.Sutoro), SSN: 535-40-8522; and 2. Barack Hussein Obama, Jr. a/k/a Barry Soetoro Dateof Birth: August 4,1961 and The following documents for subjact (1)and (2). a. Anyand al l U.S. Applications for a U.S. Passport; b. Entry and Exit Passport Recordspertaining to the United States and Kenya from the period of time of January 01,1960 t oDecember 31,1975 and January 1,1979 to December31,1985; c. Entry and ExitPassport RecoMs pertaining to the United States and Indonesia from the period of timeof January 01,1960 to December 31,1973 and January 1,1979 to December 31,1985;d. The above ravel records on for the dates specified travell ing on a U.S. Passport,Kenyan Passport, Zndonesian Passport or any other foreign passport and/or visa; e.Foreign Birth Certificate registered and filed with the U.S. Embassy, Kenya and/or US.Embassy of Indonesia for Barack H. Obama a/k/a Barry Soetoro, Date of Birth: August4, f961; f. Foreign BirZhRegistry filed with the U.S. Embassy, Kenya and/or U.S.Embassy of Indonesia byStanlq Ann Dunham, et al. Registering the b irth of Barack H.dbama a/k /a Barry Soetoro, Date of Birth: August 4,1961; and g. Adoption Recordsand/orGovernmental"Acknowledgment" whereln BarackH. Obama a/k/a BarrySoetoro was "acknowledgedn as Lolo Soetoro, M.A8sson.

For faster processing please restrict the parametersof this FQIA request t o the State Archiving3 System (SAS)--over 25 million efectronfc ecords consisting of telegrams from mid-1973 topresent.I am willing to pay fees for this request up to a maxjmum of $100.00I n order to help to determlne my status to assess fees, you should know that I m

a representative of the news media affiliated with and thisT! request is made as part of a news gathering effort and not for commerciai use.(~dditionaldocumentation or comments will be required. Seeaffiliated with an educational or noncommercial scientific institution, and this request is made for a(3. scholarly or scientific purpose and not for commercial use.(Additional documentation will be required.Seean Indlvldual seeking Information for personal use and not for comrnercial'use.

(3 afflliated with a private corporationand am seeking information for use in the company's business.


33/96

Additional Comm entsAs a matter of record and follow-up: On October 17,2008,X filed a FOIA requestregarding Stanley Ann Dunham (0bama)for the period from 1960 through 1963, viaUnited States Postal Sewlce, Certified Mail, Return Receipt Requested; That on October30, 2008, Respondent agent signed the return receipt for the FOIA request; and That asof this date November 21, Petitioner has still not receive any response, as requiredpursuant to 5 USC552.Thank you for your consideration of my request. Sincerely,Christopher Earl Strunk.E-mail Address:[email protected]

StreetAddress :593 VanderbiIt Avenue - #28 1Brooklyn, New York11238Telephone Number: 845-901-6 767Fax Number:


34/96

VERIFIED COMPLAINT and PETITION forWRIT OFMANDAMUS under F.O.I.A.

EXHIBIT "F"


35/96

Christopher Earl Strunk593 Vanderbilt Avenue - #281Brooklyn, New York 1 1238

November 22,2008Officeof Information Programs and ServicesA/?SS/IPSIRLU. S. Department of StateWashington, D. C. 20522-8100

Subject: Freedom of Information Act request supportDeclaration related to Reference Number: B8475.Dear FOIA Officer:The required declaration with original signatureunder 28 USC 1746 for therequest with the referenced number that seekspersonal informationabout alivina-pe~son,s herewith for your information and us, along with aconfirmation copy of the actual FOIA request detailed and generated on thisdate.

Importantly,as a follow-up to my FOIA request of October 17,2008, havingbeen recorded as received by the FOLA officer on October 30,2008, forwhich I received no response, a copy is attached herewith.Theses matters are urgent and require expedited handling as time is of theessence and involve matters of irreparable harm if not handled emditiously.

Attached:

Sincerely yours,

Declaration with original signature;Copy of the FOIA request ref. no . B8475.Copy of FOIA request received October 30,2008.


36/96

Subject: Freedom of Information Act request supportDeclaration related to Reference Number: B8475.

I, Christopher Earl Strunk, declare under penalty of perjury, pursuant to 28U.S.C. 51746as follows:

1. I am petitioner with place for service at 593 Vanderbilt Avenue#281 Brooklyn,New York 11238; Email: cestrufick@yd~oo.orn with Cell-(845) 901-6767.

2. This declaration is in support of my Freedom of informationAct request related to Reference Number: B8475; nd

3. Therequireddeclarat ionwithoriginalsignatu~eunder28USC1746 for the request that seeks personal infomationabout a living-person.

Respectfully submitted for relief as time is of the essence with imminentirreparableh m hat would result.

Dated: Novemberg, 2008Brooklyn New York

cc:Office of Information Programs and ServicesA/ISS/IPS/RLU. S. Department of StateWashington, D. C. 20522-8 100

~hris to~hdrarl Strunk


37/96

Thank 'you, our request has een submitted.fhls is B request R I ' d uhder $heFreedom of InformationAct.Request Pate: 11if22~2008Request-Refe.rence.ffmber: 88475

O e m t i o n of requesk4 s a matter of statutory responsibitlty by act of Congress the U.S. Department is tom a i m n records or the below listed natural persansand that pursuanttro the FreedomofTnformation A d are to turn over the fallawing documentson he following individual:1.Stanley Ann Dunham, a/kja Ann bunham a/k/a Stanley Ann O b a m a/k/a AnnObama afk f a StanleyAnn Soetoro a/k[a AnnWekoroa/k/a StanleyAnn S-Q a/k/a4nn Sutoro8 f k/a Stanley Ann Dunham Qbama a/k/aAnn Dunham Obama, bornNovember 29,1942 at fort LeavenworthKS. U.S., a,k.a. Stanley AnnDunham Obamaand who died on November 7, 1995 under the name Stanley Ann Dunham !%Mom a.k.abSutoro], SSM: 535-404522; and 2. Baradr HusseinObama, Jr. a/k/a BarrySoetom Pateof Birth: August 4#2961 andThe fatlowing documents for subject (1) nd (2):a. Anyand all U.S. Appltcations for a U.S. Passport; b. Entry and Exit Passport Rwordsp-inirrg to the UnitradStatesand Kenye From the period of time of January 01,1960 toDecember31,1975 and January 1,1979 to December31,1985; c. and ExitPassport Recordspettahitlg to the UnRed States and fndonesk from the periodof t?meof Jlanuary Oi, 1960 to December 31,1973 and January I,979 to ~eeember 1,198s;d. The above tritvet recordson for the cfates specified t$walling on a US. Passport,Kenyan Passport, Indonesian Passport or arty other fordgn pass-& and/dr a; e.Foreign Birth Certificate registered and filed with the U.S. Embassy, Kenya and/or U.S.Embassy of Indonesiafor BareckH. Obama a/kja Bany Soetoro, Dateof Birth: August4, 1961; f. Foreign Birth Registry filed with the U.S. Embassy, Kenya andjar US.E da s s y of Indonesia by Stanley Ann Dunham, etal.Registering the birth of Etarack H.Obama a k/a Barry Soetora, Date of Birth: August 4#1961; nd g, Adoption RecordsandlorGovemmenbl "Acknowledgment"wherein Barack H.dbama a/k/a BarrySoetoro was "acknowledged" as Lob Soetoro, M.A.'s eon.

Far fiKterprocessing please restrict the parametersof this FOfa request to the State Ardllvh1. System (sAs)--w~~5 mlllion e!&mnic records consisting af telegrams from mid-1 73 ot - Pmm'-+ [F 1 7 &7mOfB ~ I XIsR~Q\* -

f amwllling to pay Fees for this request up o a maxtmum of $100.00

~ I W E ~W edw%~atW a w m - 1 scmtifk inskiwtion,snd


38/96

Additional CommentsAs a matter of record and follow-up: OnOctober 17, 2008, I iled a FOIA requestregardingStanley Ann Dunham (0bama)for the period from 1960 through 1963, viaUnited States Postal Service, Certified Mall, Return Receipt Requested; That on October30, 2008, Respondent agent signed the return receipt for the FOIA request; and That asof this date November 21, Petitioner has still not receive any response, as requiredpursuant to 5 USC 552.Thank you for your considerationof my request. Sincerely,Christopher Earl Strunk.E-mail Address:[email protected]

Street Address :593 Vanderbilt Avenue - #281Brooklyn, New York1123%Teiephone Number: 845-901-67 67Fax Number:


39/96

VERIFIED COMPLAINT and PETITTON forWRIT OF MANDAMUS under F.O.I.A.


40/96

-----------I-----------I-----1+---3--3------ nAF 31st STREETHEW Y08K, New York1019990043558250157-0097

11 22/2008 (2123330-2183 09:55: 9 PN- - - - - - -A1 - - ---------

Sales ReceiptProduct Sale Unit F i n a lDescription P ty Price PriceWASHINGTON DC 20522L o w 3 F i st-ClassLetter1 .OO oz .Return Rcpt (GreenCard)Certifiedlabel # :Iswe PV I :

Total :Paid by ;CashChange Due:Order stamps a t USPS.corn/shop orcall 1-6WStamp24, Go toWS.com/cIickn&ip t o pr intsh i pp iw labels ~ 5 t hostage, Forother informatian call1-800-ASK-USPS ,

Me # * * e * * * * # # * * * # f***~ r r : ~ ~ ~ ~ ~ ~ W * $ $ * * $ * 3 r * S * * S W ~ *

HELP US SERVE YOU BETTRGo to : http://gx,gallup.com/~os

TELL US N I J T YYW RECENTPOSTAL EXPERIENCEYOUR WINION COUNTS

w # * ~ S S S * ~ 4 : ~ ~ # w 9 S S t m ** * * *S*S r n# k****~***SYSH**#**


41/96

SUPPLEMENT TO THE VERIFIED COMPLAINT

and PETITION for WRIT OF MANDAMUS under F.O.I.A.

EXHIBIT H


42/96


43/96


44/96

SUPPLEMENT TO THE VERIFIED COMPLAINT

and PETITION for WRIT OF MANDAMUS under F.O.I.A.

EXHIBIT I


45/96

Christopher Earl Strunk593 V anderbilt Avenue - #28 1Brooklyn, New York 11238

Bureau o f Custoins and Border Controlof the U.S. Department O f Homeland Security799 9"' Street, N. W.Mint AnnexWashington D.C 20229Attn: Mark I-Ianson Director FOIA Division

Subject: Freedoin of Information Act R equestfor travel records o f Stanley Ann Dunham(Obama) and Barack Hussein Obama. Jr. dW aBarry Soetoro.Dear Director Hanso n.

As of right under the Fr cc do ~n f Information Act: 5 U.S.C. subsection 552,1 am requesting information or records related to:a. Stanley An n D unham . M a Ann Dunhain a M a Stanley Ann Obamaa/Wa Ann Obam a alkla Stanley Ann So etoro a/k/a Ann Soetoro a/k/aStanley Ann Sutoro a/k/a Ann Sutoro a/k/a Stanley Ann D unham

Obama dW a Ann Dunhain Ob ama , born Nov ember 29. 1942 atWichita KS. U.S., a k a . Stanley Ann Dunhain Obaina and who diedon November 7, 1995 under the name Stanley Ann Dunhain S oetoro( a . k . a . S u t o r ~ ) ~SN: 535-40-8522: andb. Barack Hussein Obaina. Jr. d k /a Barry Soetoro Date of Birth:August 4, 1961 and as a living natural person; and

In regards to the follow ing docum ents:c. Any and all U.S. Applications for a U.S. Passpo rt;d. Entry and Exit Passport Records pertaining to the United Statesand Kenya from the period o f time of January 0 1. 1960 to D ecember3 1. 1975 and January 1. 1979 to December 3 1, 1985;c. Entry and Exit Passport Records pertaining to the United States andIndonesia from the period o f lime of January 0 I , 1960 to December3 1. 1973 and Januaq - 1 . 1979 to December 3 1, 1985:


46/96

f. The abov e travel reco rds on for the dates specified traveling on aU.S. I'assport. Kenyan I'assport. Ind onesian Passport or any otherforeign passport and/or visa:0 Foreign Birth C erti fica te registered and filed ivith thc U.S. Embassy.E' Kenya and/or U.S. Embassy o f Indonesia for Barack 1-1. Obama a/k/a

Harry Soetoro. Date of Birth: Aug ust 4. 1961:h. Foreign Birth Registry filed with the U.S. Embassy. Kenya and/orU.S. Embassy o f Indonesia by Stanley Ann Dun ham. et al.Registering the birth o f Barack M.Obam a a/k/a Barry Soetoro, Dateof Birth: August 4, 196 1: ndi. Adoption Records and/or Governmental "Acknon-ledgment"wherein Barack 11. Obama a/k/a Barry Soetoro was "ack no~ vled ged "as Lo lo Soetoro, M.A.'s son.

I. Christopher Earl Strunk. declare under penalty o f perjury. pursuant to 28U.S.C. 9 1746 as follows:I am petitioner with place for service at 593 Vanderbilt Avenue #281Brooklyn. New York 11238: Email: [email protected] with Cell- (845) 90 1-6767. This declaration is in support of my Freedom of Information Act requestthat seeks personal information abo ut a living person subject Barry Soetoro a/k/aBarack Hussein Obarna. as a matter of personal non c o~ nm erc ial se; and thatIn addition the deceased person who died on Nov ember 7. 1995 under thename Stanley Ann Ilun harn Soetoro (a.k.a. Sutoro). with SS N: 535-40-8522.remains deceased acco rding to a W ikipedia report (see attached). and as a matterof Bureau of Cu sto ~n s nd Border Control concern. based upon information andbelief there is an imposter presently using the deceased SSN : 535-4 0-8522 foremp loymen t at the Ford Foun dation and is residing in New York City.If there are an yfees for searching for. reviewing, o r copying the records.please let me h o \ v before you task my request.If you deny all or an>- art of this request. please cite each specificExemption you tliinkjustifies your re hs al to release the inlormation and notify meof appeal procedures available u nder the law.

A

Dated: DecemberBrooklyn New York -hristopher Earl Strunkattachment


47/96

Stanley Ann Dun ham : rom Wikipedia. the f i r e encyclopediaA nn Dunham-

Photoof'Ann Dunham. circa 197Stanley Ann D unham

Born November 29, 1942Fort Leavenworth. Kansas.

Died November 7. 1995 (aged 57 )Honolulu, Hawaii,Cause of death Ovarian and uterine cancerResting place Pacific OceanNationality AmericanEducation B.A., M.A., P ~ . D . [ "Alma mater Universitv of HawaiiOccupation Rural developmentHome town --ichita KansasBarack Obarna (Sr.1

(1 96 1- 1 964) (divorced)Lolo Soetoro(c. 1967-1 980) (divorced)

\vas an anthrop olo~ istwho specialized inrural development. Born in Kansas. Dunlianiattended high school near Seattle,Washington. and spent most of her adult lifein I-lawaii. She was the mother of UnitedStates Senator and presidential candidateEarly lifeAnn Dunham was born in Fort Leavenworth,(som e say Wichita, ~ a n s a s ) , ~hileher father was in the n ~ i l i t a r y . ~he wasnamed after her father,lil who reportedly gavehis daughter and only child his name becausehe had w anted a boy: however. she \vasreferred to as " ~ n n . " ~lle r parents. Stanley Arnlour Dunham (bornon March 23. 1918. raised in El Dorado.Kansas. died Februaq - 8. 1992-buried in thePunchbowl National Cemetery) and MadelvnDunham (nee Madelyn L ee Payne) (kvho wasborn in 1922 and raised in Augusta Kansasand is still living in H onolulu. Hawa ii), met inWichita. Kansas. and married on May 5.1 9 4 0 . ~After the Pearl Harbor attack her father joinedthe A r m y and her mother worked at a Bo eingplant in ~ i c h i t a . ~t the end of World WarI1 she moved with her parents to California,Texas, and Seattle. Washington. ~v he re erfather was a furniture salesman and hermother worked for a bank. The family nloved

Barack Obarna to Mercer Island. Washington. in 1956 so thatChildren 13-year old Ann could attend the M ercerMaya Soetoro-Ng Island high school that had just opened.uParents Madelyri and Stanley Dunharn where teachers Val Foubcrt and JimWichterman taught the importance ofchallenging societal norms and questioningStanley Ann Dunham Soetoro (November authority. D unh an~ ook the lessons to heart:29. 1942 - November 7. 1995). known as "She felt she didn't need to date or marry orAnn Dunham. and later as A nn !3utoroLll ha\-e children." A classmate remembers her as


48/96

"intellectually way more mature than we were and a little bit ahead of her time, in an off-center~ a y . " ~ .ne high school friend described her as: "If you were concerned about something goingwrong in the world. Stanley [Ann]would know about it first ... We w ere liberals before w e knewwha t libe rals were." A nother called her "the original feminist."16-lM ove to Hawaii and first marriageIn 1959 Dullham 's parents move d to Hawaii to pursue further business opportunities in the newstate. She soon enrolled at the University of Hawaii at Manoa, where she studied anthropologv. Shemet Barack Obam a Sr., a student from K enva and the school's first African student, in a Russianlanguage class at the ~ n i v e r s i t ~ . ~hen they became engaged. b oth sets of parents opposed th emarriage. with Obanla's father in particular objecting. Nevertheless, the couple married on Febniary2, 961 in Maui. H awaii, after discovering she was pregnant.mOn August 4. 1961 , at age 18. she ga ve birth to her first child.named Barack Obanla 11.In an interview, Senator Obanla referred to his mother as "thedominant figure in my fornlative years ... The values she taught inecontinue to be my touchstone when it comes to how I go about theworld o f politics."uOba ma Sr. left i h nd their son in 1963, when he began studyingat H m a r d Universitv in Cambridge. Massachusetts. Dunham filedfor divorce in Honolulu. Haw aii in January 1964: Oba ma did notcontest it and the divorce was granted.w The senior Obanlaobtained a masters degree in economics at Harvard and in 1965.returned to Kenya. wrhere he ob tained a position in the Ke nyangove rnme nt. Friends report that. later in life. he "w as drinking toomuch" and became bitter and frustrat edu He was killed in anautomobile accident in 198LLsl A n n Dunham a n d Barack ObamaReferences

1. Amanda Kipley (2008-04-09). "The St ow of Barack Obama's Mother".m.etrieved on 2007-04-09.2 . ~ l k ~ d e f g h _ L iScott. Janny (2008-03-14 ) . " A Free-Spirited W anderer Wh o Set Obam a's Path". New lork Tin~es .Retrieved on 2008-03-2 1 .3. A C L C Fred Mann (2008-02-02). "Kansas roots show in Obama", The Ftricl?itaE a ~ l e . iaw. . 1 B. Retrieved on2008-04-0 1 .3. A ht~://wnw.wares.com/politicaI/oban~a.litml5. :bama Press Office (2008 -0 1-29). "Gov. Kathleen Sebelius Endorses Rarack Obama". Reuters. Retrieved on2008-04-0 1 .6. ~ r t h ~ d ~ i h ? B ~ .r nones (2007-03-27). "Obarna's mom: No1 iust a girl from Kansas: S trong personalities shaped afuture senator". Cl7icaao Tribune.Retrieved on 2008-01-22.7. "= "A Special Report: The Obam a Family Tree". Chicago Sun-Tinres (2007-09-09). Retrieved on 2008-04-01.8. 2 Muliro Telew a (2004-08-20). "US election makes waves in Kenva", BDC N E ~ I ' S . etrieved on 2008-04-01.


49/96


50/96


51/96

Christopher Earl Strunk593 Vanderbilt Avenue - #28 1Brooklyn, New York 11238November 22,2008

U.S. District Court Clerk's Office333Constitution Avenue, NW, oom 1225,Washington, DC 20001Subject: Strunk v. US Department of StateExpedited Request for Poor person relief

Dear Clerk of the COW:I am he petitioner Christopher Earl Stmnk, pro se without being an attorney, herebyrequest expedited processing for poor person relief for filing feesand service of thecombined Verified Complaint and Petition for Writ of Mandamus nder the Freedom ofInformation Act (FOIA). This s related to the election of thePresident, and therefore asit involves imminent rreparable harm as time is of the essence am unable to wait 4 to 6weeks because it is related to the election of the presidentby the elec~oral ollege thatwill be certified December 1,2008 and assembled to cast a vote on December 15,2008.That as per your instructions1have completed the application to proceed withoutprepayment of fees and affidavit.That I am unable to afford the fee and servicecosts, andam not able to pay up h n t and would suffer injury were I at least not allowed to makeprogress payments at say $50.00 per week which is the most I am ble to afford.Tbismatter complained of is mtremely urgent and requires expedited handling as time isof the essence and involve matters of irreparableharm if not handled expeditiously.Thank you n advance for your cooperation in tbis matter aad for firherdirections please

Sincerely

Attached:Application to Proceed without prepayment of fees and affidavit endorsed 112208The Original and two copies of the Verified Complaint and Petition for Writ ofMandamus under FOIA with verification afFumed 112208;Certificateof Senrice of notification to theU.S. Department of State


52/96

District of C O L U J l AAPF'LICATION TOPROCEED

Plaintiff WITHOUT PREPAYMENT OFFEES AND AFFIDAVITv.VIL CASENUMBER:Defendant

declare that I am the (check appropriatebox)other

in the above-entitled p r o d i g ; hat in support of my request to proceed without prepayment of fees or costsunder 28 USC 8 19I5 1declare that 1am unable to pay the costs of these proceedings and that T am entitled to therelief sought in the complaint/petition/motion.In support of this application, I snswer the following questions under penalty of perjury:I . Are you currently incarcerated? 0 Yes %NO , (If "No," go to Part 2)

If "Y s," state the place of your incarceration W /AAre you employed at the institution?+ o you receive any payment fiom the institution?transactions.Attach a ledger sheet from the institution(s) of your incarceration showing at least the past six months'

2. Are you currently employed? Noa. If the answer is "Yes," state the amount of your Lake-home salary or wages and pay period and give @e

and pay period and the name and adckss ofy o u ~ l ~mployer.

3. In the past 12twelve months have you received any money from any of the following sources?a. Business, pr of ai on or other self-employment %yes Nob. Rent payments, interest or dividends a yes %Noc. Pensions, nnuities or life insurance payments Yesd. Disabiliq or workers compensation payments 0 Yes moe. Gifts or inheritances El Yes Y o 0f. Any other sources Yes moN o1f the answer to my ofthe above is 'Yes," describe, on the following page, each source of money and sta te theamount received and what you expect you will continue to receive.


53/96

4. Do you have any cash or checking or savings accounts? O YesI f 'Ye%"state the total amount. r J / a

5. Do you own any real estate, stocks,bonds, securities. other financial instruments. automobiles or any otherthing of value? O Yes *If "Yes,"describe the property and state its value

6. List the personswho aredependent on you for support, state your relationship to eachperson and indicatehow much you contribute to their support. (I f children me dependents, please referto them by their initials)D .RFWA , ~I ~ Y ~ M . O L Dl;))hlt ~ ~ w -(TH

I declare under penalty of perjury that the above information is true and correct.

YDmc I Signature ofApplicant

NOTICE TO PRISONER: A Prisoner seeking to proceed without prepayment of fees shall submit an affidavitstating a11 assets. In addition, a prisoner must attach a statement certified by the appropriate institutional officershowinga11receipts,expenditures, nd balancesduring the last six months inyour institutionalaccounts. I fyou havemultiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of eachaccount.


54/96

Rev.41wNP

UNITEDSTATESDISTRICT COURTFOR THE DISTRICT OFCOLUMBIA

INSTRUCTIONS FOR FILINGA C M L COMPLAINT mON-PRISONER1ThefilingFee o file a new civil case is $350.00. If you c m o t afford to pay the filing fee, you may

ask heCourt o permit you to proceed without prepayment of costs. To do this, you must completeand signthe attached Application to Proceed without Prepayment of Fees and Affidavit, and submit it with youroriginal complaint.

The name ofthis Courtmust bewritten at the top of the firstpage ofy ou r complaint. (Sample formatattached).Pursuant to ourLocal Rules, your name, ddress and teleohonenumbermust appear in the caption.A Post OfficeBox is insufficient as an address, unless you file a separate motion asking the Cour tto permit such an address.All defendants be named in the caption. The use of et al. is permitted as the d e s equireyou to name each defendant. Please provide the address of each named defendant.The word COMPLAINTmustappear under he caption. Clearly setoutyour grievance in the bodyof the complaint, name those against whom you have a grievance,and what you would like the Courtto do to correct the situation,Your complaint must be leeiblyhandwritten or typed onwhite, letter-size (8 112 x 1 1 inch) paper.Write only on the frontof eachpage. Your complaintmust be double-spaced. If you are requestinga jury trial, thejury demand must be stated in your complaint.You originally sign your complaint in ink.You file the orbiginally igned complaint,as well as the originallysignedApplication toProceedwithout Prepayment of Fees, f applicable. DO NOTSENDBOTH THEFILING FEEAND THEAPPLICATIONTOPROCEED WITHOUT PREPAYMENT OF FEES, only onc or the other.Preparation of the summonswill be the responsibility of the Clerk's Office, upon direction of theJudge.Please allow approximately 4-6 weeks for approval of the Application to Proceed withoutPrepayment of Fees. Written notice will bemailed.Please mail your complaint and all other appropriate documents to: U.S. District Court Clerk'sOffice,33Constitution Avenue, NW, Room 1225, Washington, DC 20001.

NANCY MAYE R-WHIITINGT ON, CLERK


55/96

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

--------------------------------------------------x Case No.:

:

CHRISTOPHER EARL STRUNK : VERIFIED COMPLAINT

: AND PETITION FOR

Petitioner, : WRIT OF MANDAMUS

v. : UNDER F.O.I.A.

:

U.S. DEPARTMENT OF STATE :

:

Defendant. :

:

--------------------------------------------------x

NOW COMES Christopher Earl Strunk, as the Petitioner, and

brings this Complaint pursuant to the Freedom of Information Act, 5 U.S.C.

552, et sequitur, against the Defendant the United States Department of

State, stating:

JURISDICTION AND VENUE

1. This cause of action arises under the Freedom of Information Actpursuant to 5 U.S.C. 552. Jurisdiction is properly before this Court

pursuant to that federal statute with the United States District Courts under

28 USC 1331 with a Federal question and under 28 USC 1346.

2. This particular District Court for the District of Columbia affords theproper venue under 28 USC 1391 (e) (2) for this action in that the

Defendant U.S. Department of State is located within the District of

Petition for Writ of Mandamus Page 1 of 18


56/96

Columbia and the failure of the Defendant to act was also within the District

of Columbia.

3. Petitioner filed this complaint requesting this Court to Order the U.S.Department of State to fulfill their obligations pursuant to the Freedom of

Information Act (hereinafter "FOIA") immediately turn over the following

documents on the following individual:

a. Stanley Ann Dunham, a/k/a Ann Dunham a/k/a Stanley AnnObama a/k/a Ann Obama a/k/a Stanley Ann Soetoro a/k/a Ann

Soetoro a/k/a Stanley Ann Sutoro a/k/a Ann Sutoro a/k/a

Stanley Ann Dunham Obama a/k/a Ann Dunham Obama, born

November 29, 1942 at Wichita Fort Leavenworth KS. U.S.,

a.k.a. Stanley Ann Dunham Obama and who died on November

7, 1995 under the name Stanley Ann Dunham Soetoro (a.k.a.

Sutoro), SSN: 535-40-8522; and

b. Barack Hussein Obama, Jr. a/k/a Barry Soetoro Date of Birth:August 4, 1961 and as a living natural person; and

4. The following documents:a. Any and all U.S. Applications for a U.S. Passport;b. Entry and Exit Passport Records pertaining to the United States

and Kenya from the period of time of January 01, 1960 to



57/96

December 31, 1975 and January 1, 1979 to December 31,

1985;

c. Entry and Exit Passport Records pertaining to the United Statesand Indonesia from the period of time of January 01, 1960 to

December 31, 1973 and January 1, 1979 to December 31, 1985;

d. The above travel records on for the dates specified travelling ona U.S. Passport, Kenyan Passport, Indonesian Passport or any

other foreign passport and/or visa;

e. Foreign Birth Certificate registered and filed with the U.S.Embassy, Kenya and/or U.S. Embassy of Indonesia for Barack

H. Obama a/k/a Barry Soetoro, Date of Birth: August 4, 1961;

f. Foreign Birth Registry filed with the U.S. Embassy, Kenyaand/or U.S. Embassy of Indonesia by Stanley Ann Dunham, et

al. Registering the birth of Barack H. Obama a/k/a Barry

Soetoro, Date of Birth: August 4, 1961; and

g. Adoption Records and/or Governmental "Acknowledgment"wherein Barack H. Obama a/k/a Barry Soetoro was

"acknowledged" as Lolo Soetoro, M.A.'s son.

5. Pursuant to the Freedom of Information Act, the Petitioner,Christopher Earl Strunk, petitions this Court for extraordinary relief in



58/96

the nature of a writ of mandamus under 28 USC 1651, directed to

Respondent, United States Department of State, and its employees and

agents in the United States Department of State;

6. This action seeks to compel the U.S. Department of State to turn overthe records requested pursuant to a Freedom of Information Act

referred to herein.

7. In support of this verified petition, Petitioner avers the following:THE PARTIES

8. Petitioner, Christopher Earl Strunk (hereinafter "Petitioner"), is anindividual who resides with place for service at 593 Vanderbilt Avenue #281

Brooklyn, NY 11238; Email: [email protected], Cell-845-901-6767.

9. Defendant, United States Department of State, is a GovernmentalAgency located at 2201 C Street N.W., Washington, D.C. 20520.

FACTS

10.On October 17, 2008, Petitioner filed a FOIA request directed to theUnited States Department of State request for the above cited records for the

person referenced at paragraph 3 (a) for the period from 1960 through 1963,

and Petitioner sent the request via United States Postal Service, Certified

Mail, Return Receipt Requested; a true and correct copy of Petitioner's letter

is attached hereto and incorporated in by reference as Exhibit A.

mailto:[email protected]:[email protected]


59/96

11.Petitioner filed the FOIA request for travel records shown as ExhibitA that was deposited with the USPS certified with return receipt request for

two-day delivery by October 20, 2008, as per the true and correct copy of

the USPS mailing purchase receipt attached herewith marked Exhibit B.

12.That on October 27, 2008, the USPS confirmed delivery of the FOIArequest for records under the control of the United States Department of

State, (see Exhibit C).

13.That on October 30, 2008, Defendants agent signed the return receiptfor the FOIA request shown as Exhibit A for Petitioner's FOIA request at the

U.S. Department of State; that thereafter, was delivered to my mailing

address by the USPS, (see Exhibit D).

14.On or about November 7, 2008 Petitioner never received anyresponse from Defendant / Respondent for any of the information requested

in regards to above paragraph 3(a).

15.On November 22, 2008, Petitioner filed the FOIA request withreference number B8475 the information detailed above in regards to above

living natural person described in paragraph 3(b); see the U.S. Department

of State request confirmation marked Exhibit E.

16.On November 22, 2008, Petitioner filed a declaration in support of theFOIA request with reference number B8475 the information detailed above



60/96

in regards to above living natural person described in paragraph 3(b), with a

cover letter and attachment of the FOIA request on the deceased person

described in paragraph 3(a) see Exhibit F.

17.A true and correct copy of the return receipt is attached hereto andincorporated see Exhibit G.

18.The above records do not fall within any of FOIA exemptions items.19.The above documents do not involve any of the FOIA exemptions

which include National defense or foreign policy records, 5 U.S.C.

552(b)(1), internal personnel rules and practices of an agency, 5 U.S.C.

552(b)(2); exemption by other federal statutes, 5 U.S.C. 552(b)(3);

trade secrets, commercial or financial information, 5 U.S.C. 552(b)(4);

inter-agency or intra-agency memoranda 5 U.S.C. 552(b)(5); personnel

and medical files, 5 U.S.C. 552(b)(6); information complied for law

enforcement purposes, 5 U.S.C. 552 (b)(7); information contained in or

related to examination, operating or condition reports prepared by, on behalf

of, or for the use of an agency responsible for the regulation or supervision

of financial institutions. 5 U.S.C. 552(b)(8); nor does the information

requested involve geological and geophysical information, 5 U.S.C.

552(b)(9).



61/96

20.The above requested documents are extremely critical and importantto Petitioner as well as the general public and are of substantial public

interest.

21.The overwhelming majority of the Electoral College slates of theStates of the several States received the majority advisory votes cast for

Barack Hussein (H.) Obama a/k/a Barry Soetoro [hereinafter "Obama"]

and thereby won the general election votes on November 4, 2008; and

subsequent to canvassing in each State of the several States the Electoral

College of each state of the several states is to be certified by the state

officials over every state on or about December 1, 2008 is to assembly in

each State of the several States to cast their votes on December 15, 2008.

22.Mr. Obama is not a U.S. "natural born" citizen and ineligible to serveas the United States President, pursuant to the United States Constitution,

Article II, Section 1, Clause 5.

23.Although Mr. Obama claims to have been born in two (2) separatehospitals in Hawaii, he was actually born in Mombasa, Kenya to his mother

a U.S. citizen and his father a Kenyan National.

24.Mr. Obama's mother (referenced above in paragraph 3(a)) was not oldenough pursuant to the Nationality Act of 1940, revised June 1952 to pass

on U.S. "natural born" citizenship to Mr. Obama.



62/96

25.The U.S. Law in effect during Mr. Obama's birth stated if you areborn abroad to one U.S. parent and a foreign national, the U.S. parent must

have resided in the United States for ten (10) years, five (5) of which were

after the age of Fourteen (14) in order to register the child's birth abroad in

the United States as a "natural born" U.S. citizen, under the Nationality Act

of 1940, revised June 1952, United States of America v. Cervantes-Nava,

281 F.3d 501 (2002),Drozd v. I.N.S., 155 F.3d 81, 85-88 (2d Cir.1998),

United States v. Gomez-Orozco, 188 F.3d 422, 426-27 (7th Cir. 1999),

Scales v. Immigration and Naturalization Service 232 F.3d 1159 (9th Cir.

2000), Solis-Espinoza v. Gonzales 401 F.3d 1090 (9th Cir. 2005).

26.Under the Nationality Act of 1940, revised June 1952, is the law thatapplies to a birth abroad and is in effect at the time of birth,Marquez-

Marquez a/k/a Moreno v. Gonzales 455 F. 3d 548 (5th Cir. 2006),Runnett v.

Shultz, 901 F.2d 782, 783 (9th Cir.1990) (holding that "the applicable law

for transmitting citizenship to a child born abroad when one parent is a U.S.


27.Stanley Ann Dunham, Senator Obama's mother, was only 18 whenshe had Obama. She was not old enough to register Obama's birth in Hawaii

or anywhere else as a United States "natural born" citizen as she did not

meet the residency requirements pursuant to our United States Laws; as such



63/96

it does not matter that this is a minor technicality, the law is applied

regardless - see United States of America v. Cervantes-Nava, 281 F.3d 501

(2002),Drozd v. I.N.S., 155 F.3d 81, 85-88 (2d Cir.1998).

28.Mr. Obama has been asked for his "vault" version birth certificate;however, he has refused, which has prompted law suits across the United

States.

29.Instead, Mr. Obama and or his agent(s) placed an image of aHawaiian Certification of Live Birth (COLB), which is issued for all birth's

registered in the State of Hawaii; the COLB, does not prove "natural born"

citizenship or birth in Hawaii.

30.A COLB is sufficient proof of citizenship; however, it does not prove"natural born" citizenship, a COLB is issued to those who are simply

"naturalized".

31.There is absolutely NO doubt in Petitioners mind that Mr. Obama'sbirth in Kenya was registered in Hawaii, at which time, yes they would have

issued a COLB; however, Obama's birth could have ONLY been registered

as "naturalized" as his mother did not meet the citizenship requirements to

register Obama's birth as "natural born", Nationality Act of 1940, revised

June 1952, United States of America v. Cervantes-Nava , 281 F.3d 501

(2002),Drozd v. I.N.S., 155 F.3d 81, 85-88 (2d Cir.1998), United States v.



64/96

Gomez-Orozco, 188 F.3d 422, 426-27 (7th Cir. 1999), Scales v. Immigration

and Naturalization Service 232 F.3d 1159 (9th Cir. 2000), Solis-Espinoza v.

Gonzales 401 F.3d 1090 (9th Cir. 2005), and as such the law that applies to

a birth abroad is the law in effect at the time of birth,Marquez-Marquez

a/k/a Moreno v. Gonzales 455 F. 3d 548 (5th Cir. 2006),Runnett v. Shultz,

901 F.2d 782, 783 (9th Cir.1990) (holding that "the applicable law for

transmitting citizenship to a child born abroad when one parent is a U.S.


32.Mr. Obama's citizenship status is further complicated by the fact hewas enrolled by Lolo Soetoro in a public school, Fransiskus Assisi School in

Jakarta, Indonesia; the records received as copies of the school registration,

in which it clearly states Mr. Obama's name as "Barry Soetoro" and lists his

citizenship as Indonesian (see Exhibit Addendum).

33.Mr. Obama's father is listed as Lolo Soetoro, and Mr. Obama'sReligion is listed as Islam.

34.At the time Mr. Obama was registered the public schools obtainedand verified the citizenship status and name of the student through the

Indonesian Government; and that Indonesia at this time was a police state

and foreign students were not allowed to attend public schools.

35.The Indonesian school, upon registration of a new student, verified



65/96

the citizenship status and name of the child with the Indonesian

Government; moreover, Indonesian Immigration and police checked all

public schools on a weekly basis to ensure the only students attending were

in fact Indonesian citizens.

36.Due to Mr. Obama's birth abroad, he could only be "naturalized",second, he became a "natural" citizen of Indonesia; even if Obama's

adoption and/or acknowledgment allowed him to choose his citizenship

status, there is more involved.

37.Indonesia, still to this day, does not permit dual citizenship, and thelaw in Indonesia states if a minor who lost citizenship in another country

may reclaim that citizenship; however, prior to age 21, they must swear a

declaration signed and served and filed with Indonesia their desire to

relinquish their citizenship status.

38.Furthermore if this is not done by age 21, they lose that right; and asstated in the Indonesian laws, "at the age of 18, the child can choose whether

to stay an Indonesian citizen or follow their foreign father's citizenship. They

will be then given additional three more years to decide on which nationality

to choose.", e.g. 18 + 3 = 21.

39.The problem here is the citizenship of Mr. Obama's father "Soetoro"is Indonesian; Indonesia did not recognize dual citizenship.



66/96

40.The Indonesian citizenship law was designed to prevent apatride(stateless) or bipatride (dual citizenship); Indonesian regulations recognize

neither apatride nor bipatride citizenship.

41.TheHague Convention prevented the U.S. from interfering withIndonesia's laws.

42.Indonesia did not recognize dual citizenship, thus, neither did theU.S.; and an adoption per se severs all relationship to the birth place and/or

citizenship of a birth parent.

43.Once Indonesian "natural" citizenship status occurred, it stayed; andin order, according to Indonesia, which is whose law prevails, Mr. Obama

would have been required to relinquish in writing under oath his Indonesian

citizenship and file the declaration with Indonesia government.

44.Indonesian citizenship does not expire without a person, indeclaration, swears under the penalty of perjury, to relinquish Indonesian

Citizenship and files said document with the government no later then age

21, as under the Indonesian Constitution, Article 2.

45.If Mr. Obama wanted to fully regain any U.S. Citizenship status hemay have had, he would have had to undue the adoption or go through

paternity to prove Soetoro was NOT his father in the case of Soetoro

Acknowledging Mr. Obama as his son, both of which gave Mr. Obama



67/96

"natural" Indonesian status, which is the same as U.S. "natural born"

citizenship status.

46.Under Indonesian law, when a male acknowledges a child as his son,it deems the sonin this case Obamato be an Indonesian State citizen;

the Constitution of Republic of Indonesia,Law No. 62 of 1958 Law No. 12

of 2006 dated 1 Aug. 2006concerning Citizenship of Republic of Indonesia,

andLaw No. 9 of 1992 dated 31 Mar. 1992 concerning Immigration Affairs

and Indonesian Civil Code (Kitab Undang-undang Hukum Perdata)

(KUHPer) (Burgerlijk Wetboek voor Indonesie).

47.Further, the Indonesia Constitution, Article 2 states "It is stipulatedthat an adopted child has the same status as a natural child and that his or

her relationship to the birth parents is severed by adoption".

48.Further, the Indonesia Constitution, Article 2 states: "on the conditionof ratification of the adoption by the District Court: The law stipulates that

children of mixed couples automatically assume their father's citizenship,

and a divorced wife cannot take custody of her children because they have

different citizenship..

49.Furthermore, Indonesia did not allow Dual Citizenship or DualNationality thus Mr. Obama is not a U.S. Citizen, he is Indonesian; neither

Mr. Obama's place of birth or the nationality of his American parent are



68/96

relevant, the Indonesian Law takes precedence under The Master Nationality

Rule of Article 4 of the Hague Convention of 1930.

50.The United States accepts the existence of Dual Nationality only ifthe other country does; however,Hague Conventions are applied by the

United States and this has been in effect since before 1930 (Memorandum

on Nationality, including Statelessness:Document A/CN.4/67, Prepared by

Ivan S Kerno, International Law Commission, United Nations General

Assembly, 6th April 1953.); thus, Mr. Obama is not a "natural born" citizen

and my not even be a naturalized citizen.

ARGUMENT IN SUPPORT OF RELIEF

51.Petitioner / Plaintiff has standing to sue under the Freedom ofInformation Act (FOIA), 5 U.S.C. 552 et seq. (1994); and anyone denied

information under the Freedom of Information Act (FOIA), 5 U.S.C. 552

et seq. (1994) has standing to sue regardless of his or her reasons. Akins

vs.FEC, 322 US. App. D.C. 58; 101 F.3d 731; 1996 U.S. App. LEXIS 31253

(1996), 524 U.S. 11 (1998); Public Citizen vs. FTC, 276 U.S. App. D.C.

222, 869 F.2d 1541(D.C. Cir. 1989).

52.Petitioner / Plaintiff has suffered an informational injury as a voterand member of the public; and the lack of information on Mr. Obama's

citizenship, caused by the State Departments action, limited the information



69/96

available to him as a voter and impaired his ability to influence and inform

the public and policymakers.

53.If a party is denied information that will help it in making a votingdecision that party is obviously injured in fact; and as stated inAkins, the

court noted that:

"[a] voter deprived of useful information at the time he or she votes

suffers a particularized injury in some respects unique to him or herself

just as a government contractor, allegedly wrongfully deprived of

information to be made available at the time bids are due, would suffer a

particularized injury even if all other bidders also suffered an injury."

54.Even if all individuals who voted for any of the other Democraticcandidates for President, suffered the same injury that does not take away

from the individual injury that Petitioner / Plaintiff suffered.

55. Even assuming a request under FOIA triggered legitimate PrivacyAct concerns, the U.S. Department of State was required to provide

Petitioner with reasonably segregable portions of that correspondence, 5

U.S.C. 552(b);Department of State v. Ray, 502 U.S. 164 (1991) (disclosure

of personal information without identifying details),Baltimore Sun v.

Marshals Service, 131 F. Supp. 2d 725, 729 (D. Md. 2001) (identity of

purchasers of seized government property disclosed).

56.There are noper se rules of nondisclosure, see Stern v. FBI, 737 F.2d84, 91 (D.C. Cir. 1984); and FOIA Exemption 6 does not justify the



70/96


71/96

60.Under FOIA, U.S.C. 552, Attorney Fees and Costs areappropriatepursuant to 8 552 (a)(4)(E).

For the above aforementionedreasons,thisCourt should Mandate and Ordathe U.S. Department of State to immediately turn over the documentsreferred to above.

Respectfilly submitted,Dated: November 22,2008Brooklyn,New York

Attached Exhibits A throughGcc:

Office of Information Programs and ServicesA/ISS/rPS/RLU. S. Department of StateWashington, D. . 20522-8 100

Petition for Writ of Mandamus - Page 17 of 18


72/96


73/96

VERUI'IIEDCOMPLAINT and PETITION forWRlT OF MANDAMUS under F.O.I.A.

EXNIBIT "A"


74/96

ChristopherEarlStnmk593 Vanderbilt Av- - #282Brooklyn, New York 1 238

UNITEDSTATESDEPARTMENTOF STATE2201C treetN.WWashingtMlD.C 0520Attn: FOIA Wormation OBcer

Subject: Freedom of Lafhmion ActRequestfor tmvd rPconisofStanleyAnn Dunham ( M a ) .

Towhom it may concern,As ofrightunder the Freedom ofI n f o d o n Act, 5 U.SC.

subsection 552, Iam reqwdhghfmnation or recordsrelated to StanIeyAnn Dunham born Novernber29,1942 at Fort LeavenworthKS. US., .ka.StanleyAnnDtmhm Obama a.ka and who died onNovember 7,1995rm&r the name Stanle

Documents

Amended Verified Complaint and Petition in Re FOIA USDC DC 08cv2234 010509 with Original FOIA Complaint of 11/22/08