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U.S. District Court, 

Eastern District of Pennsylvania Case Number: 08-cv-4083 

Court of Appeals No. 08-4340 

 

UNITED STATES COURT OF APPEALS 

FOR THE THIRD CIRCUIT 

_____________ Ο _____________ 

PHILIP J. BERG, ESQUIRE, 

 Petitioner – Appellant, 

v. 

BARACK HUSSEIN OBAMA, JR., et al, 

 Respondents – Appellees. 

_____________ Ο _____________ 

EMERGENCY MOTION FOR AN IMMEDIATE INJUNCTION 

PROHIBITING THE CERTIFICATION OF ELECTORS BY THE 

GOVERNORS OF EACH STATE, TO STAY THE ELECTORAL COLLEGE 

FROM CASTING ANY VOTES FOR BARACK H. OBAMA ON DECEMBER 15, 

2008 AND THE COUNTING OF ANY VOTES CAST FOR BARACK H. OBAMA 

BY VICE PRESIDENT RICHARD B. CHENEY, THE HOUSE OF 

REPRESENTATIVES AND THE SENATE ON JANUARY 6, 2009 PENDING 

RESOLUTION OF PETITIONER’S APPEAL

_____________________ 

NOW COMES the Petitioner, Philip J. Berg, Esquire, and hereby makes 

this Motion for an Immediate Injunction prohibiting the Certification of Electors 

by the Governors of each State, Staying the Casting of Electoral Votes for Barack 

H. Obama on December 15, 2008 and the counting of any votes cast for Barack H. 

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Obama by Vice President Richard B. Cheney, The House of Representatives and 

the Senate on January 6, 2008 pending resolution of the Petitioner’s Appeal. 

I. REQUEST FOR EMERGENCY RELIEF

1. Petitioner, Philip J. Berg, Esquire, filed an Appeal October 30, 2008 

in this Court, on the Memorandum and Order of the United States District Court 

for the Eastern District of Pennsylvania dated October 24, 2008. 

2. The United States Constitution, Article II, Section I, Clause 4 states in 

pertinent part, “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...”

3. Pursuant to Article II, section I, each state shall appoint the electors. 

4. It is imperative to ensure our Democratic Presidential Candidate is a 

“natural born” United States citizen and qualified/eligible pursuant to the 

United States Constitution, Article II, Section I to serve as President of the 

United States. 

5. The electors, as agents of voters, have a Constitutional duty to make 

an informed, independent decision to vote for a candidate who is proven to be 

qualified/eligible to serve as President of the United States. This duty 

supersedes allegiance to a particular candidate. Therefore, before the electors 

cast their vote on December 15, 2008 in favor of Barack H. Obama, et al, 

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[hereinafter “Obama”], it must be proven that Obama is a “natural born” 

citizen. 

6. If this Court does not grant Petitioner’s motion to enjoin and prohibit 

the electoral college from casting their votes for Obama, then Vice president 

Dick Cheney, the House of Representative and Senate must be enjoined from 

counting any votes for Obama in the absence of proof that Obama is a “natural 

born” American citizen. 

7. Under the Electoral Count Act of 1887 Congress is required to accept 

the certified electoral votes, unless both the House and Senate agree that the 

votes have not been "regularly given." In other words, Congress can reject the 

votes if it has good reason to doubt their legality. An objection may be 

presented in writing from one House member and one Senator to be made 

against state electoral votes. 

8. Pursuant to the 20th Amendment of the United States Constitution, 

Congress may pick someone to be acting President until Obama proves his 

citizenship. If Congress decides that no one has yet "qualified" for the job, it 

can pass a law "declaring who shall then act as President . . . until a President or 

Vice President shall have qualified." 

9. Evidence points to the fact that Obama was born at Coast Hospital in 

Mombasa, Kenya located in Coast Province. Obama’s father was a Kenyan 

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citizen and Obama’s mother a United States citizen who was not old enough to 

satisfy the residency requirement to register Obama’s birth in Hawaii as a 

“natural born” United States citizen. 

10. Under the laws in effect between December 24, 1952 and November 

14, 1986 (Obama was born in 1961), a child born outside of the United States to 

one citizen parent and one foreign national, could acquire “natural born” United 

States citizenship if the United States citizen parent had been physically present 

in the United States for ten (10) years prior to the child’s birth, five (5) of those 

years being after age fourteen (14). 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). Obama’s mother was only eighteen (18) when Obama 

was born in Kenya and therefore, did not meet the residency requirements for 

her child to have acquired “natural born” citizenship. Therefore, Obama cannot 

be considered a “natural born” United States citizen. 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 

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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"). 

11. Obama’s Kenyan grandmother, Sarah Obama has repeatedly stated 

Obama was born in Kenya and she was present during his birth. Bishop Ron 

McRae, who oversees the Anabaptists Churches in North America, and 

Reverend Kweli Shuhubia had the opportunity recently to interview Sarah 

Obama. Reverend Kweli Shuhubia went to the home of Sarah Obama in 

October 2008 located in Kogello, Kenya. Reverend Kweli Shuhubia called 

Bishop McRae from Ms. Obama’s home and placed the call on speakerphone. 

Bishop McRae asked for permission to tape the conversation, which permission 

was granted. Because Ms. Obama only speaks Swahili, Reverend Kweli 

Shuhubia and another grandson of Ms. Obama’s, translated the telephone 

interview. Bishop McRae asked Ms. Obama where Defendant Barack Obama 

was born: Ms. Obama answered and was very adamant that Obama was born in 

Kenya. Bishop McRae asked Ms. Obama if she was present during her 

grandson’s birth and Ms. Obama answered, “Yes.” Obama’s mother, Stanley 

Ann Dunham a/k/a Ann Obama was eighteen (18) when she gave birth to 

Obama. A copy of Bishop McRae’s Affidavit is attached hereto as EXHIBIT 

“A”. 

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12. Reverend Kweli Shuhubia left Kisumu City and traveled to Mombosa, 

Kenya. After the interview of Sarah Obama In October 2008 Reverend Kweli 

Shuhubia interviewed personnel at the hospital where Ms. Obama said Obama 

was born in Kenya. Reverend Kweli Shuhubia then immediately thereafter had 

meetings with the Provincial Civil Registrar. Reverend Kweli Shuhubia learned 

there were records of Ann Dunham giving birth to Barack Hussein Obama, Jr. 

in Mombosa, Kenya on August 4, 1961. Reverend Kweli Shuhubia spoke 

directly with an Official, the Principal Registrar, who openly confirmed that the 

birthing records of Senator Barack H. Obama, Jr. and his mother were present; 

however, the file on Barack H. Obama, Jr. was classified. The Official 

explained Barack Hussein Obama, Jr.’s birth in Kenya is top secret. Reverend 

Kweli Shuhubia was further instructed to go to the Attorney General’s Office 

and to the Minister in Charge of Immigration if he wanted further information. 

See the Affidavit of Reverend Shuhubia, attached hereto as EXHIBIT “B”. 

13. Obama continues to verbally deny he was born in Kenya and states he 

was born in Hawaii. Upon investigation into the alleged birth of Obama in 

Honolulu, Hawaii, Obama’s birth is reported as occurring at two (2) separate 

hospitals, Kapiolani Hospital and Queens Hospital. The Rainbow Edition News 

Letter, November 2004 Edition, published by the Education Laboratory School, 

attached as EXHIBIT “C”, did a article of an interview with Obama and his 

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sister, Maya. The Rainbow Edition News Letter reports Obama was born 

August 4, 1961 at Queens Medical Center in Honolulu, Hawaii. In February 

2008, Obama’s sister, Maya, was again interviewed in the Star Bulletin, 

attached as EXHIBIT “D”. There Maya stated that Obama was born August 4, 

1961 in Kapiolani Medical Center for Women & Children. 

14. Obama allowed the Daily Kos, FactCheck.org and his campaign 

website to post a Hawaiian Certification of Live Birth, purported to be Obama’s 

on their websites. There are several problems with this. The image posted on 

dailykos.com, factcheck.org and fightthesmears.com has been deemed an 

altered and forged document according to document image specialists. 

Moreover, even if this document purported to be Obama’s Certification of Live 

Birth was an accurate document, it does not prove “natural born” U.S. 

citizenship status. Pursuant to the Hawaii Statutes, the Hawaii Department of 

Health issues a Certification of Live Birth to births that occurred abroad in 

foreign countries as well as birth’s that occurred at home and not in a Hospital. 

Certifications of Live Birth are issued to those births as “naturalized” U.S. 

citizens as well as “natural born” U.S. citizens. A Certification of Live Birth is 

sufficient evidence to prove the party is a legal U.S. citizen for purposes of a 

driver’s license, registration into schools, etc. A Certification of Live Birth is 

not sufficient evidence to prove you are in fact a “natural born” U.S. citizen. 

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15. Additionally, Dr. Fukino, Director of the Hawaiian Department of 

Health released a press release stating she saw Obama’s “vault” version birth 

certificate in a file. Although Dr. Fukino does not claim Obama was born in 

Hawaii or the U.S. for that matter, she does confirm the “vault” version birth 

certificate exists. Once again, Obama refuses to release access to this “vault” 

version birth certificate, which, if Defendant Obama had been born in Hawaii, 

would show doctors signatures, city, state and Country of birth and of course, 

would solve the issue of where he was in fact born.

16. In addition, it appears that Obama became an Indonesian citizen. 

When Obama was approximately four (4) years old, his parents divorced and 

thereafter, Obama’s mother, Stanley Ann Dunham, married Lolo Soetoro, a 

citizen of Indonesia. Evidence points to the fact that Lolo Soetoro either signed 

a government form legally “acknowledging” Obama as his son or “adopted” 

Obama, either of which changed any citizenship status Obama had to a 

“natural” citizen of Indonesia. Indonesia did not allow for dual citizenship and 

therefore, neither did the United States of America, Hague Convention of 1930. 

17. Obama was registered in a public school as an Indonesian citizen by 

the name of Barry Soetoro and his father was listed as Lolo Soetoro, M.A. 

Indonesia did not allow foreign students to attend their public schools and any 

time a child was registered for a public school, their name and citizenship status 

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was verified through the Indonesian Government. The school record indicates 

that Obama’s name is “Barry Soetoro;” his nationality is “Indonesia;” and his 

religion as “Islam,” attached hereto as EXHIBIT “E.” There was no other way 

for Obama to have attended school in Jakarta, Indonesia as Indonesia was under 

tight rule and was a Police State. These facts indicate that Obama is an 

Indonesian citizen, and therefore, he is not eligible to be President of the U.S. 

Under Indonesian law, when a male acknowledges a child as his son, it deems 

the son, in this case Obama, as an Indonesian State citizen. Constitution of 

Republic of Indonesia, Law No. 62 of 1958 Law No. 12 of 2006 dated 1 Aug. 

2006 concerning Citizenship of Republic of Indonesia, Law 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). 

18. Furthermore, under the Indonesian adoption law, once adopted by an 

Indonesian citizen, the adoption severs the child’s relationship to the birth 

parents, and the adopted child is given the same status as a natural child, 

Indonesian Constitution, Article 2. 

19. The Indonesian citizenship law was designed to prevent apatride 

(stateless) or bipatride (dual citizenship). Indonesian regulations recognized 

neither apatride nor bipatride citizenship. 

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20. In addition, since Indonesia did not allow dual citizenship; neither did 

the United States and since Obama was a “natural” citizen of Indonesia, the 

United States would not step in or interfere with the laws of Indonesia, Hague 

Convention of 1930. 

21. In or about 1971, approximately a year after the birth of Obama’s 

sister, Maya, Obama’s mother sent Defendant Obama back to Hawaii. Obama 

was ten (10) years of age upon his return to Hawaii. 

22. As a result of Obama’s Indonesia “natural” citizenship status, Obama 

could never have never regained U.S. “natural born” status, if he in fact ever 

held such, which we doubt. Obama could have only become “naturalized” if 

the proper paperwork were filed with the U.S. State Department, in which case, 

Obama would have received a Certification of Citizenship, after U.S. 

Immigration. 

23. Plaintiff is informed, believes and thereon alleges Obama was never 

naturalized in the United States after his return from Indonesia. Obama was ten 

(10) years old when he returned to Hawaii to live with his grandparents. 

Obama’s mother did not return with him. Therefore, it appears that she was 

unable to apply for citizenship of Obama in the United States. Constitution of 

Republic of Indonesia, Law No. 62 of 1958 Law No. 12 of 2006 dated 1 Aug. 

2006 concerning Citizenship of Republic of Indonesia, Law No. 9 of 1992 

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dated 31 Mar. 1992 concerning Immigration Affairs and Indonesian Civil Code 

(Kitab Undang-undang Hukum Perdata) (KUHPer) (Burgerlijk Wetboek voor 

Indonesie). If citizenship of Obama had been applied for in 1971, Obama 

would have a Certificate of Citizenship. If Obama returned in 1971 to Hawaii 

without going through U.S. Immigration, today he would be an illegal alien, 

unable to be President of the United States as well as having been a 

“fraudulent” Unites States Senator for the past three (3) years. 

24. Obama’s mother, Stanley Ann Dunham, a/k/a Soetoro divorced Lolo 

Soetoro in 1980 in Honolulu, Hawaii. In the divorce papers, which are attached 

hereto as EXHIBIT “F”, it clearly states the couple had two (2) children. 

Stanley Ann Dunham a/k/a Soetoro only birthed one child from Lolo, Maya; 

thus the second child being Obama. 

25. There is serious question into the qualification/eligibility of Obama to 

serve as the President of the United States. Barack Hussein Obama, Jr. may not 

be a “natural born” citizen or even a “naturalized” citizen for that matter. 

Therefore, he cannot be qualified and/or eligible to serve as the President of the 

United States, pursuant to the United States Constitution, Article II, Section I. 

26. Plaintiff as well as all citizens of the United States are in grave danger 

if Obama is not a “natural born” citizen. Obama has been privy to our 

Country’s top-secret information and classified information. 

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27. On July 27, 2008, a New York Times Op-Ed Columnist wrote, in an 

article entitled, “How Obama Became Acting President”, that Obama has been 

“treated as a president-in-waiting by heads of state” and noted the “raw power 

Mr. Obama has amassed: the power to start shaping events.” One event that 

Obama has tried to shape, according to the New York Post, dated September 

15, 2008, is the withdrawal of American troops: 

“While campaigning in public for a speedy withdrawal of 

U.S. troops from Iraq, Sen. Barack Obama has tried in 

private to persuade Iraqi leaders to delay an agreement on 

a draw-down of the American military presence.” 

28. According to Iraqi Foreign Minister Hoshyar Zebari, Obama made his 

demand for delay a key theme of his discussions with Iraqi leaders in Baghdad 

in July 2008. 

29. Zebari said in an interview, "He [Obama] asked why we were not 

prepared to delay an agreement until after the U.S. elections and the formation 

of a new administration in Washington." 

30. Obama insisted that Congress should be involved in negotiations on 

the status of U.S. troops - and that it was in the interests of both sides not to 

have an agreement negotiated by the Bush administration in its "state of 

weakness and political confusion." 

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31. Obama continues to receive important intelligence briefings 

resembling the PDB (presidential daily briefings) presented to President Bush. 

32. These reports show the urgency and extreme public importance of this 

case. If Obama is not eligible to be President, his receipt of intelligence 

information and his power to negotiate with Heads of State puts the citizens of 

this country at great risk. Therefore, this matter requires immediate action by 

this Honorable Court. 

33. The deprivation of the right to such a challenge would result in the 

infringement on a citizen’s Constitutional right to vote. Although this case is 

pending before this very Court, and the Court has not entered any order or 

judgment, the Supreme Court may still rule and grant an injunction prohibiting 

the Electoral College from casting any votes in favor of Obama and the 

counting of any votes for Obama by Congress. The issues herein are of such 

extreme public importance as to justify deviation from normal appellate 

practice and to require immediate determination of this Court.

A. This Court has Jurisdiction to Prohibit The Governors of each 

 State from Certifying the Electors; Prohibiting the Electoral 

 College from Casting any Votes for Obama and prohibiting the 

 Counting of any Votes in Favor of Obama by Congress 

34. This Court has jurisdiction and the inherent power to issue a Stay 

and/or a Writ of Temporary Injunction Staying the Presidential Election, until 

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Petitioner’s Appeal is resolved, 28 U.S.C. §1651(a) (the All Writs Act). Before 

seeking release from the United States Supreme Court, or from a single Justice, 

a stay must first be requested from the Court below or a Judge thereof, Rule 

23.3 is mandatory. Bush v. Gore, 531 U.S. 1046 (2000) [granted stay while 

application for a stay was pending in State Court]. Just like in Gore, Petitioner 

brings this Motion for an immediate Stay or Writ of Temporary Injunction. The 

issuance of the requested Stay and/or Writ of Temporary Injunction to Stay the 

Presidential Election by prohibiting the Governors of the States from certifying 

the Electors; prohibiting the Electors from casting any votes for Obama; and 

prohibiting V.P. Cheney, the House of Representatives and the Senate from 

counting any votes for Obama pending resolution of Petitioner’s Appeal or 

proof of Obama’s citizenship status is imperative to protect Plaintiff and all 

citizens of the United States from being further harmed by allowing an 

ineligible Presidential candidate to take the Office of the Presidency if elected. 

Thus, the issue is clear and appropriate for this Court to grant Petitioner’s 

request. Comunist Party of Indiana v. Whitcomb, 409 U.S. 1235 (1972), 

(Rehnquist, J., in chambers).”); Ohio citizens for Responsible Energy, 479 U.S. 

at 1313 (Scalia, J.) (because a Justice’s grant of a writ of injunction, “unlike a 

§2101(f) stay; does not simply suspend judicial alternation of the status quo but 

grants judicial intervention that has been withheld by lower courts”. Lucas v. 

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Townsend, 486 U.S. 1301 (1988) (Kennedy, J.) (enjoining referendum pending 

appeal to Supreme Court of denial of Voting Rights Act challenge. Clark v. 

Roemer, 498 U.S. 953 (1990) (granting application for injunction to prevent 

election being held). Wisconsin Right to Life v. Federal Election Comm’n, 542 

U.S. 1305, 1306 (2004) (Rehnquist, C.J.) (observing that such an injunction is 

appropriate only “where necessary or appropriate in aid of [the Supreme 

Court’s] jurisdiction and where “the legal rights at issue are indisputably clear”) 

(citations and internal quotations omitted). 

35. The standard to be applied in regards to an Application for a Stay 

and/or a Writ for a Temporary Injunction requires the Court to consider: (1) the 

threat of irreparable harm if the stay is not granted; (2) the absence of harm to 

opposing parties if the stay or temporary injunction is granted; (3) the 

likelihood of success, and (4) whether there was any prior ruling on the 

application by another judge of a lower court. Rosker v. Goldberg, 448 U.S. 

1306, 1308 (1980). 

36. Plaintiff brings this action to stay the certification of the electors by 

the Governors of the States, the casting of any electoral votes in favor of Obama 

and to stay the counting of any votes for Obama by V.P. Cheney, the House of 

Representatives and the Senate to prevent the continuing violation of the 

Constitution by state officials, namely, the infringement upon Petitioner’s 

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Fourteenth Amendment right to vote. Reynolds v. Sims, 377 U.S. 533, 554 

(1964). The Eleventh Amendment generally does not allow suits against states 

in federal court unless the state expressly consents to suit or Congress 

unequivocally abrogates the immunity. Pennhurst State Sch. & Hosp. v. 

Halderman, 45 U.S. 189 (1984). However, there is an exception to this general 

rule for suits against state officers for prospective injunctive relief to prevent a 

continuing violation of Constitutional law. Ex Parte Young, 209 U.S. 123, 155-

156 (1908) (the Court held that an injunction proceeding against the attorney 

general of Minnesota for enforcing unconstitutional state laws fixing railroad 

rates could be maintained in federal court). When a state official violates the 

Constitution he or she is stripped of their official or representative character for 

the purposes of the suit. Ex Parte Young, 209 U.S. 123, 155-156 (1908). 

Electors may be considered state officials. Ray v. Blair, 343 U.S. 214 (1952) 

(the Court reasserted the conception of electors as state officers with some 

significant consequences), In re Green, 134 U.S. 377 (1890) and U.S. v. 

Hartwell, 73 U.S. 385 (1868) the Justices viewed electors as agents of the state 

"since they merely cast the state's vote for President and Vice President." As 

state officials, the electors must be prevented from violating the fundamental 

Constitutional right to vote by casting a vote for a candidate who appears 

unqualified/ineligible to serve as President. Therefore, this Court should grant 

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Petitioner’s motion for a stay and/or a writ of injunction stopping the 

certification of the electors, prohibiting the electors from casting their votes, 

and staying the counting of electoral votes. 

37. This Court has jurisdiction and authority under 42 U.S.C.S. 1983 to 

grant Petitioner’s motion for a stay and/or a writ of injunction stopping the 

certification of the electors, prohibiting the electors from casting their votes for 

Obama, and staying the counting of electoral votes in favor of Obama. It 

provides, in pertinent part: “Every person who, under color of any statute, 

ordinance, regulation, custom, or usage, of any State or Territory or the District 

of Columbia, subjects, or causes to be subjected, any citizen of the United 

States or other person within the jurisdiction thereof to the deprivation of any 

rights, privileges, or immunities secured by the Constitution and laws, shall be 

liable to the party injured in an action at law, suit in equity, or other proper 

proceeding for redress...” 

38. The Court in Donohue v. Board of Elections of State of New York, 435 

F. Supp. 957, 966-68 (S.D.N.Y. 1976), affirmed, 559 F.2d 1202 (2d Cir. 1977), 

cert. denied, 434 U.S. 861 (1977), recognized its jurisdiction and authority to 

provide an equitable remedy for electoral irregularities under 42 U.S.C.S. § 

1983, provided that the plaintiffs met their burden of proof. The Donohue court 

established a four-factor test for applying § 1983 to electoral disputes. First, 

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one must "plead and prove specific acts of misconduct, including time, place 

and circumstances of the alleged deprivation of the right to vote." Second, one 

must show intentional or purposeful discrimination. The court clarified that 

intentional or purposeful discrimination included not only traditional race or 

gender discrimination, but also intentional conduct designed to deprive any 

qualified voter of his or her right to vote. Third, one must prove that the 

defendant acted under color of state law. It is important to note that the court 

included the actions of “private persons acting jointly with state officials within 

the category of state actions." Finally, one must prove that the “fraud or other 

unlawful behavior changed the outcome of the election." Donohue v. Board of 

Elections of State of New York, 435 F. Supp. 957, 966-68 (S.D.N.Y. 1976), 

affirmed, 559 F.2d 1202 (2d Cir. 1977), cert. denied, 434 U.S. 861 (1977). 

Petitioner will show that these four factors have been met so as to justify the 

grant of a stay and/or a writ of injunction stopping the certification of the 

electors, prohibiting the electors from casting their votes, and staying the 

counting of electoral votes. 

39. Petitioner has plead and proven specific acts of misconduct by Obama 

and the Democratic National Committee, namely, the failure to provide proof of 

Obama’s citizenship and the posting on several websites of a document which 

is intended to mislead the public into believing that Obama is presenting 

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genuine proof of his natural born citizenship status. This deception is intended 

to deprive citizens of their right to make informed voting decisions, thereby 

debasing and diluting Petitioner’s legitimate vote. Defendants have acted 

jointly with state officials to commit this deception by allowing the state 

elections to continue without providing proof of Obama’s citizenship. Finally, 

Defendants’ fraud or other unlawful behavior changed the outcome of the 

election." Millions of United States citizens voted for Obama and he won based 

on his deception. Therefore, the grant of a stay and/or a writ of injunction by 

this Court stopping the certification of the electors by the Governor’s of each 

State, prohibiting the electors from casting their votes for Obama, and staying 

the counting of electoral votes by Vice President Richard B. Cheney, the House 

of Representatives and the Senate, pending the resolution of the petition for 

Writ of Certiorari, is clearly warranted. 

40. Further, ordering a new Presidential election would not be beyond the 

equity jurisdiction of this Court. In Donohue v. Board of Elections of State of 

New York, the Court stated: “[t]he point, however, is not that ordering a new 

Presidential election in New York State is beyond the equity jurisdiction of the 

federal courts. Protecting the integrity of elections particularly Presidential 

contests is essential to a free and democratic society. It is difficult to imagine a 

more damaging blow to public confidence in the electoral process than the 

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election of a President whose margin of victory was provided by fraudulent 

registration or voting, ballot-stuffing or other illegal means. Indeed, entirely 

foreclosing injunctive relief in the federal courts would invite attempts to 

influence national elections by illegal means, particularly in those states where 

no statutory procedures are available for contesting general elections. Finally, 

federal courts in the past have not hesitated to take jurisdiction over 

constitutional challenges to the validity of local elections and, where necessary, 

order new elections. The fact that a national election might require judicial 

intervention, concomitantly implicating the interests of the entire nation, if 

anything, militates in favor of interpreting the equity jurisdiction of the federal 

courts to include challenges to Presidential elections.” Donahue, at pp. 967-968. 

B. Petitioner’s Motion for Injunctive Relief Prohibiting the Electoral 

 College from Casting any Votes for Obama and the Counting of any 

 Such Votes in Favor of Obama by Congress Should Be Granted Based 

 on the Merits of the Case and the Resulting Harm to Petitioner if such 

 Remedy is Not Granted. 

41. The Supreme Court held in Brown v. Chote, 411 U.S. 452 (1973), 

that the granting of injunctive relief depends on the appellee’s possibilities of 

success on the merits and the possibility that irreparable injury would result 

absent interlocutory relief. Brown v. Chote, 411 U.S. 452, 456,457 (1973). The 

Petitioner’s motion for the grant of a stay and/or a writ of injunction by this 

Court, stopping the certification of the electors, prohibiting the electors from 

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casting their votes, and staying the counting of electoral votes, should be 

granted because it is likely that Petitioner will successfully prove the facts 

forming the basis of this action, based on the evidence submitted to the District 

Court and this Court. Riverside v. Rivera, 473 U.S. 1315 (1985); Mikutaitis v. 

United States, 478 U.S. 1306 (1986). 

42. Moreover, Petitioner’s Motion should be granted because if the 

Court does not grant injunctive relief, irreparable injury may result, namely, the 

infringement on Petitioner’s fundamental right to vote. If the Court allows the 

Electoral College votes to proceed in favor of Obama and it is later revealed 

that Obama is not eligible to serve, voters will feel disenfranchised because 

their votes will be rendered meaningless, based on fraud. See, Reynolds v. Sims, 

377 U.S. 533, 555, 84 S. Ct. 1362, 12 L. Ed. 2d 506 (1964) (“Voter fraud drives 

honest citizens out of the democratic process and breeds distrust of our 

government. Voters who fear their legitimate votes will be outweighed by 

fraudulent ones will feel disenfranchised. ‘[T]he right of suffrage can be denied 

by a debasement or dilution of the weight of a citizen's vote just as effectively 

as by wholly prohibiting the free exercise of the franchise.’”) 

43. Further, sharing the United States top secrets and classified 

information with a person who may not be a legal citizen places Petitioner and 

all citizens of the United States in grave danger. Moreover, the issues presented 

Case: 08-4340 Document: 00312939140 Page: 21 Date Filed: 12/04/2008
22

are of public importance and national security. Petitioners as well as all citizens 

of the United States are in grave danger if the issues are not resolved and will 

continue to suffer violations of their legally protected rights to life, liberty and 

property guaranteed by the Fourteenth Amendment. 

44. America is facing potentially the gravest constitutional crisis in her 

history. Civilian and military officers must not be placed in such a situation 

that they must try to decide whether Obama is the Chief Executive and 

Commander-in-Chief on the one hand or a pretender to the Office of President 

on the other hand. In particular, all members of the military, we must 

remember, are sworn to uphold the Constitution against all enemies, both 

foreign and domestic, and they must never be placed in such a situation that 

they must choose between following Obama’s orders on the one hand, or 

declaring that under the Constitution, Vice-President Biden is the acting 

President. (See U.S. Const., Amend. 20, Section 3) For if they are convinced 

that Obama is indeed a pretender to the Office of President, under their oath, 

they would be obligated to ignore Obama and follow the Orders of Biden only. 

This could reach nightmare proportions if the moment ever arrives when we 

must decide whether to use the nuclear arsenal of the United States.” Petitioner 

as well as “We the People” of the United States will suffer irreparable harm to 

all the protections guaranteed by the United States Constitution. 

Case: 08-4340 Document: 00312939140 Page: 22 Date Filed: 12/04/2008
23

C. A Case the District Court Cited in Denying Standing to Petitioner 

 Supports Granting Petitioner’s Motion for Injunctive Relief Prohibiting 

 the Electoral College from Casting any Votes for Obama and the 

 Counting of any Such Votes in Favor of Obama by Congress

45. In Jones v. Bush, 122 F. Supp.2d 713 (N.D. Tex.), aff’d w/o opinion,

244 F.3d 134 (5th Cir. 2000), Plaintiffs had requested a preliminary

injunction to prevent the Texas electors from casting their votes in favor of 

defendant candidates because of alleged violation of the Twelfth 

Amendment of the United States Constitution. The Court denied the request 

for injunctive relief because plaintiffs failed to demonstrate a substantial 

likelihood of success on the merits of their claim that defendant vicepresidential candidate was an inhabitant of the State of Texas during the 

relevant period. Id., at 715. On the basis of this case, the District Court 

Judge erred when he failed to consider the likelihood of success on the 

merits. 

46. Further, in Robinson v. Bowen, 2008 U.S. Dist. LEXIS 82306 (N.D. 

Cal. Sept. 16, 2008) the plaintiff moved for an order to remove Senator 

McCain from the California ballot in November because he alleged that 

McCain was not a “natural born citizen” and was therefore ineligible to 

serve as president. The Court reviewed the order and stated: 

“This order finds it highly probably, for the purposes of this motion 

for provisional relief, that Senator McCain is a natural born citizen. 

Case: 08-4340 Document: 00312939140 Page: 23 Date Filed: 12/04/2008
24

Plaintiff has not demonstrated the likelihood of success on the merits 

necessary to warrant the drastic remedy he seeks.” Id., at *3. 

47. Therefore, both the District Court and the Third Circuit Court of 

Appeals clearly erred in denying injunctive relief without reviewing the 

likelihood of success on the merits of the case. Further, based on 

overwhelming evidence that Obama is not a “natural born” citizen of the 

United States, Petitioner would likely succeed on the merits of the case and 

should be granted an injunction prohibiting the Electoral College from 

casting any votes for Obama and the Counting of such votes in favor of 

Obama by Congress.

D. Petitioner Meets the Constitutional Element of Standing 

48. The petitioner meets the constitutional element of standing: 

“In a sense---in a very important sense---every citizen and every 

taxpayer is interested in...having only qualified officers execute the 

law.” United States v. Newman, 238 U.S. 537, 547, 35 S.Ct. 881, 883, 

59 L.Ed. 1446, 1450 (1915). 

49. This Court has made the following statement as well, 

“Where a party champions his own rights, and where the injury 

alleged is a concrete and particularized one which will be prevented or 

redressed by the relief requested, the basic practical and prudential 

concerns underlying the standing doctrine are generally satisfied when 

the constitutional requirements are met.” Duke Power Co. v. Carolina 

Environmental Study Group, 438 U.S. 59, 80-81, 98 S.Ct. 2620, 2634, 

57 L.Ed.2d 595, 616 (1978) (citation omitted). 

Case: 08-4340 Document: 00312939140 Page: 24 Date Filed: 12/04/2008
25

50. The very essence of civil liberty, wrote Chief Justice John Marshall in 

Marbury v. Madison, 5 U.S. 137 (1803), certainly consists in the right of every 

individual to claim the protection of the laws, whenever he receives an injury. 

Against the backdrop of historical Supreme Court precedent beginning with 

Marbury and extending through Sprint Communications Co. L.P. v. APCC 

Services Inc., __ U.S. __, 128 S.Ct. 2531 (2008), the better-informed “test” for 

the injury-in-fact prong of the standing doctrine analysis more resembles a 

“sliding scale” of factors and variables operating as a function of the 

speculative nature and/or remoteness of the allegations. Baker v. Carr, 369 

U.S. 186, 204 (1962); Sierra Club v. Morton, 405 U.S. 727, 734-35 (1972); 

Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992); Hunt v. 

Washington State Apple Advertising Comm’n, 432 U.S. 333, 343 (1977); 

Federal Election Comm’n v. Akins, 524 U.S. 11, 21 (1998); Sprint 

Communications Co. L.P. v. APCC Services Inc., __ U.S. __, 128 S.Ct. 2531 

(2008); Friends of the Earth v. Laidlaw Environmental Services Inc., 528 U.S. 

167, 184 (2000). 

51. In Morton, this Court held that the environmentalist Petitioners had 

standing, as injury to “aesthetic and environmental well-being” was enough to 

adequately constitute personal “stake” and injury in fact. 405 U.S. at 734. 

Subsequently, in Hunt, this Court held that despite a lack of personal “stake,” 

Case: 08-4340 Document: 00312939140 Page: 25 Date Filed: 12/04/2008
26

an association has standing to bring suit so long as the interests in question are 

relevant to the organization’s purpose and regardless of whether the claims 

asserted or relief requested involve the individual members of the organization. 

432 U.S. at 343. Furthermore, in Laidlaw, a case stemming from 

noncompliance with the Clean Water Act, this Court noted the importance of a 

Petitioner’s demonstration of standing but followed up by stating that, “it is 

wrong to maintain that citizen Petitioners facing ongoing violations never have 

standing to seek civil penalties.” 528 U.S. at 184. More recently, in Akins, this 

Court rendered a decision maintaining that individual voters’ inability to obtain 

alleged public information met the injury in fact requirement, as it helped to 

ensure that the Court will adjudicate “a concrete, living contest between 

adversaries.” 524 U.S. at 21. Similarly and finally, in APCC, decided by this 

Court in June 2008, the conventional, “personal stake” approach promulgated in 

cases such as Lujan and Baker gave way to the idea that the “personal stake” 

requirement and the three requirements of standing — injury in fact, causation 

and redressibility — are “flip sides of the same coin” and are simply two 

different ways of ensuring that each case or controversy presents “that concrete 

adverseness which sharpens the presentation of issues upon which the court so 

largely depends for illumination.” APCC, 128 S.Ct. at 2543. 

Case: 08-4340 Document: 00312939140 Page: 26 Date Filed: 12/04/2008
27

52. The case at hand may lack the specificity of injury in fact required by 

Lujan, but the allegations from which the action arises are no more speculative 

or remote than the importance of environmental aesthetics of Morton or the 

party disconnect evident in Hunt. The foundation of the claims presented by 

Mr. Berg, the will to avoid a certain constitutional crisis, certainly amount to a 

“personal stake,” but in the case that this Court may deem otherwise, the 

underlying claims absolutely present the adversarial contest under which 

standing was found in the recent decisions in Akins and APCC. 

53. Without a doubt, the Respondents will note that the premise behind 

Akins was the failure to obtain information, and will attempt to distinguish 

APCC because it involves standing in the context of contracts, assignors and 

assignees. However, Mr. Berg has indeed sought information vital to the 

election process put forth in the U.S. Constitution, and this Court in APCC

stated that, apart from historical precedent for permitting suits by assignees 

under assignments for collection, “[i]n any event, we find that the assignees 

before us satisfy the Article III standing requirements articulated in more recent 

decisions of this Court.” Furthermore, this Court’s treatment of the standing 

doctrine in APCC should be enough to show that the reasoning exhibited by the 

district court judge, grounded in Lujan, misperceives the three prongs of 

standing as enunciated just four months ago by this Court. 

Case: 08-4340 Document: 00312939140 Page: 27 Date Filed: 12/04/2008
28

54. Therefore, because of the reasons stated above, because of the 

“sliding scale” nature of a “test” for injury in fact, because the very essence of 

civil liberty certainly consists in the right of every individual to claim the 

protection of the laws whenever he receives an injury, this Court should hold 

that Mr. Berg has standing to prosecute this action. 

E. Collateral Attacks on a De Facto Officer

55. With respect to collateral attacks on a de facto officer, this Court has 

noted that the usual rule is that the official acts of a de facto officer are equally 

valid as those as a de jure officer. Ryder v. United States, 515 U.S. 177, 180-

182, 115 S.Ct. 2031, 2034-2035, 132 L.Ed.2d 136, 142-143 (1995). More 

recently, however, this Court, in another case, first took note of its holding in 

Ryder and then held nonetheless that certain criminal convictions had to be 

vacated on the grounds that there was a constitutional defect in the authority of 

someone appointed to hear the appeals thereof. Nguyen v. United States, 539 

U.S. 69, 77-81, 123 S.Ct. 2130, 2135-2137, 156 L.Ed.2d 64, 75-78 (2003). 

56. Where does that leave us with respect to the validity of the official 

acts of a de facto President of the United States? No one knows. But this Court 

will surely see the test of that question if Respondent Obama is sworn in as 

President. More damage will be done if this Court waits only until then to 

decide the question, and the reliance of the citizenry on the valid status of 

Case: 08-4340 Document: 00312939140 Page: 28 Date Filed: 12/04/2008
29

Obama as President of the United States, and the valid status of his act, will 

certainly be greater then than they are now. 

57. In that light, we ask this Court to consider another point it made in 

Duke Power, 

 “The prudential considerations embodied in the ripeness doctrine also argue 

strongly for a prompt resolution of the claims presented... [D]elayed resolution of 

these issues would foreclose any relief from the present injury suffered...” Duke 

Power, 438 U.S., at 81-82, 98 S.Ct., at 2635, 57 L.Ed.2d, at 616. 

F. Denying Barack Obama a Majority Vote in the Electoral College 

 Will Not Prejudice His Interests in a Practical Sense

58. Furthermore, Barack Obama is a Democrat. And in the incoming 

Congress, the delegation of more than twenty-five states in the House of 

Representatives will consist of a majority of members of the Democratic Party.1

 

Voting for President of the United States in the House of Representatives is 

done by individual states.2

 (Accordingly, there would be fifty votes total at 

present in the House for President.) Therefore, if, by action of this Court, 

Barack Obama does not receive a majority of the vote of the Electoral College, 

if Respondent Obama can then produce a hard copy of a valid “vault” version 

birth certificate from the State of Hawaii and furnish documentation legally 

changing his name from Barry Soetoro back to Barack H. Obama, to show to 

 

1

http://news.yahoo.com/election/2008/dashboard/?d=ST

2

U.S. Cons. Art. II § 1, cl. 3 

Case: 08-4340 Document: 00312939140 Page: 29 Date Filed: 12/04/2008
30

the Members of the House, and if he can likewise answer other lingering 

questions about his citizenship, there is certainly no reason to think that the 

members of his own party would deny him their votes for President in the 

House of Representatives. But, if he cannot explain, to the satisfaction of the 

world, by January 20, 2009, why and how it is that he was at birth, and now 

remains, a natural-born citizen of the United States, then what in the world is 

wrong with denying him a majority vote in the Electoral College now anyway? 

WHEREFORE, for good cause shown, Petitioner, Philip J. Berg, Esquire, 

respectfully requests this Honorable Court to grant his Motion for a stay and/or a 

writ of injunction, stopping the certification of the electors by the Governors of 

each State, prohibiting the electors from casting their votes for Obama, and staying 

the counting of electoral votes by Vice President Richard B. Cheney, the House of 

Representatives and the Senate, pending the resolution of Petitioner’s Appeal, and 

for such other relief which this Honorable Court may deem it proper to grant. 

 Respectfully submitted, 

 s/ Philip J. Berg 

Dated: December 4, 2008 _____________________________ 

 Philip J. Berg, Esquire 

 Attorney in Pro Se 

 555 Andorra Glen Court, Suite 12 

 Lafayette Hill, PA 19444-2531 

 (610) 825-3134 

Case: 08-4340 Document: 00312939140 Page: 30 Date Filed: 12/04/2008
31

UNITED STATES COURT OF APPEALS 

FOR THE THIRD CIRCUIT 

___________ O _____________ 

PHILIP J. BERG, ESQUIRE, 

 Plaintiff – Appellant, 

v. 

BARACK HUSSEIN OBAMA, JR., et al., 

 Respondents – Appellees. 

_____________ Ο _____________ 

CERTIFICATE OF SERVICE 

_____________________ 

I, Philip J. Berg, Esquire, hereby certify that Petitioner’s Motion for a stay or 

temporary Injunctive Relief prohibiting the Electoral College from casting any votes for 

Obama and prohibiting the counting of any such votes in favor of Obama by Vice 

President Dick Cheney, the House of Representatives and Congress pending the 

resolution of Petitioner’s Appeal was served upon the following Defendants via email 

and fax in lieu of email, this 4th day of December 2008: 

John P. Lavelle, Jr. 

Attorney I.D. PA 54279 

BALLARD SPAHR ANDREWS &00 

INGERSOLL, LLP 

1735 Market Street, 51st Floor Attorney for Defendant’s 

Philadelphia, PA 19103 Barack Hussein Obama and 

Telephone: (215) 864-8603 The Democratic National Committee 

lavellej@ballardspahr.com 

 

Case: 08-4340 Document: 00312939140 Page: 31 Date Filed: 12/04/2008
32

 CERTIFICATE OF SERVICE, Continued 

 

 

Kevin Deeley, Esq. Email: kdeeley@fec.gov

Thomasenia Duncan, Esq. Email: tduncan@fec.gov

David Kolker, Esq. Email: dkolker@fec.gov

Benjamin A. Streeter, III, Esq. Email: bstreeter@fec.gov

The Federal Election Commission (FEC) 

999 E. Street, NW 

Washington, D.C. 20463 Attorney’s for the Federal Election 

Telephone: 202-694-1650 Commission 

Secretary of the Commonwealth, 

Pennsylvania Department of State, 

Bureau of Commissions, Elections and Legislation 

210 N. Office Building 

Harrisburg, PA 17120 In Pro Se 

By fax to: (717) 783-0823 

Pedro A. Cortés, 

Secretary of the Commonwealth, 

Pennsylvania Department of State, 

210 N. Office Building 

Harrisburg, PA 17120 In Pro Se 

By fax to: (717) 787-1734 

The U.S. Senate, Commission on Rules and Administration 

305 Russell Building, United States Senate 

Washington D.C. 20510. In Pro Se 

By fax to: (202) 224-1912 

Diane Feinstein, 

Chairman of the U.S. Senate, Commission on Rules and Administration 

305 Russell Building, United States Senate 

Washington D.C. 20510 In Pro Se 

By fax to: (202) 228-3954 

 s/ Philip J. Berg 

 _____________________________ 

 PHILIP J. BERG, ESQUIRE 

 Attorney for Plaintiff 

555 Andorra Glen Court, Suite 12 

Lafayette Hill, PA 19444-2531 

(610) 825-3134 

Case: 08-4340 Document: 00312939140 Page: 32 Date Filed: 12/04/2008
33

CERTIFICATE OF COMPLIANCE WITH WORD COUNT LIMITATIONS

I, Philip J. Berg, Esquire, Petitioner and a member of the Bar of this Court, 

certify that Petitioner’s Motion for a stay or temporary Injunctive Relief 

prohibiting the Electoral College from casting any votes for Obama and prohibiting 

the counting of any such votes in favor of Obama by Vice President Dick Cheney, 

the House of Representatives and Congress pending the resolution of Petitioner’s 

Appeal contains 6,946 words, excluding the parts of the Application that are 

exempted. 

 

Dated: December 4, 2008 s/ Philip J. Berg 

 Philip J. Berg, Esquire 

 Attorney in Pro Se 

 555 Andorra Glen Court, Suite 12 

 Lafayette Hill, PA 19444-2531 

 (610) 825-3134 

Case: 08-4340 Document: 00312939140 Page: 33 Date Filed: 12/04/2008
EXHIBIT “A” 

Case: 08-4340 Document: 00312939194 Page: 1 Date Filed: 12/04/2008








EXHIBIT “1”

Affidavit of Bishop Ron McRae 9

Case: 08-4340 Document: 00312939194 Page: 10 Date Filed: 12/04/2008
http://www.washingtontimes.com/news/2008/oct/12/obamas-kenya-ghosts

US News | National Security | Just the Headlines | Front Page Image | 

Home > Voices > Commentary 

HYMAN: Obama's Kenya ghosts

Mark Hyman

Sunday, October 12, 2008 

ASSOCIATED PRESS Kenyan Prime Minister Raila Odinga is calling President

Robert Mugabe's Zimbabwe an "embarrassment" to Africa and would support the

forced removal of the ruler.

COMMENTARY:

About 50 parishioners were locked into the Assemblies of God church before it

was set ablaze. They were mostly women and children. Those who tried to flee

were hacked to death by machete-wielding members of a mob numbering 2,000. 

The 2008 New Year Day atrocity in the Kenyan village Eldoret, about 185 miles

northwest of Nairobi, had all the markings of the Rwanda genocide of a decade

earlier. 

By mid-February 2008, more than 1,500 Kenyans were killed. Many were slain

by machete-armed attackers. More than 500,000 were displaced by the religious

strife. Villages lay in ruin. Many of the atrocities were perpetrated by Muslims

against Christians. 

The violence was led by supporters of Raila Odinga, the opposition leader who

lost the Dec. 27, 2007, presidential election by more than 230,000 votes. Odinga

supporters began the genocide hours after the final election results were

announced Dec. 30. Mr. Odinga was a member of Parliament representing an

area in western Kenya, heavily populated by the Luo tribe, and the birthplace of

Barack Obama's father. 

Mr. Odinga had the backing of Kenya's Muslim community heading into the

election. For months he denied any ties to Muslim leaders, but fell silent when

Sheik Abdullahi Abdi, chairman of the National Muslim Leaders Forum, appeared

on Kenya television displaying a memorandum of understanding signed on Aug.

29, 2007, by Mr. Odinga and the Muslim leader. Mr. Odinga then denied his

denials. 

The details of the MOU were shocking. In return for Muslim backing, Mr. Odinga

promised to impose a number of measures favored by Muslims if he were

elected president. Among these were recognition of "Islam as the only true

religion," Islamic leaders would have an "oversight role to monitor activities of

ALL other religions [emphasis in original]," installation of Shariah courts in every

jurisdiction, a ban on Christian preaching, replacement of the police

Affidavit of Bishop Ron McRae 10 

Case: 08-4340 Document: 00312939194 Page: 11 Date Filed: 12/04/2008
commissioner who "allowed himself to be used by heathens and Zionists,"

adoption of a women's dress code, and bans on alcohol and pork. 

This was not Mr. Odinga's first brush with notoriety. Like his father, Jaramogi

Oginga Odinga, the main opposition leader in the 1960s and 1970s, Raila Odinga

is a Marxist He graduated from East Germany's Magdeburg University in 1970 on

a scholarship provided by the East German government. He named his oldest

son after Fidel Castro. 

Raila Odinga was implicated in the bloody coup attempt in 1982 against thenPresident Daniel Arap Moi, a close ally of the United States. Kenya has been one

of the most stable democracies in Africa since the 1960s. The ethnic cleansing

earlier this year was the worst violence in Kenya since that 1982 coup attempt. 

Mr. Odinga spent eight years in prison. At the time, he denied guilt but later

detailed he was a coup leader in his 2006 biography. Statue of limitations

precluded further prosecution when the biography appeared. 

Initially, Mr. Odinga was not the favored opposition candidate to stand in the

2007 election against President Mwai Kibaki, who was seeking his second term.

However, he received a tremendous boost when Sen. Barack Obama arrived in

Kenya in August 2006 to campaign on his behalf. Mr. Obama denies that

supporting Mr. Odinga was the intention of his trip, but his actions and local

media reports tell otherwise. 

Mr. Odinga and Mr. Obama were nearly inseparable throughout Mr. Obama's sixday stay. The two traveled together throughout Kenya and Mr. Obama spoke on

behalf of Mr. Odinga at numerous rallies. In contrast, Mr. Obama had only

criticism for Kibaki. He lashed out against the Kenyan government shortly after

meeting with the president on Aug. 25. "The [Kenyan] people have to suffer over

corruption perpetrated by government officials," Mr. Obama announced. 

"Kenyans are now yearning for change," he declared. The intent of Mr. Obama's

remarks and actions was transparent to Kenyans - he was firmly behind Mr.

Odinga. 

Mr. Odinga and Mr. Obama had met several times before the 2006 trip. Reports

indicate Mr. Odinga visited Mr. Obama during trips to the U.S. in 2004, 2005 and

2006. Mr. Obama sent his foreign policy adviser Mark Lippert to Kenya in early

2006 to coordinate his summer visit. Mr. Obama's August trip coincided with

strategizing by Orange Democratic Movement leaders to defeat Mr. Kibaki in the

upcoming elections. Mr. Odinga represented the ODM ticket in the presidential

race. 

Mr. Odinga and Mr. Obama's father were both from the Luo community, the

second-largest tribe in Kenya, but their ties run much deeper. Mr. Odinga told a

stunned BBC Radio interviewer the reason why he and Mr. Obama were staying

in near daily telephone contact was because they were cousins. In a Jan. 8,

2008, interview, Mr. Odinga said Mr. Obama had called him twice the day before

while campaigning in the New Hampshire primary before adding, "Barack

Obama's father is my maternal uncle." 

President Kibaki requested a meeting of all opposition leaders in early January in

an effort to quell the violence. All agreed to attend except Mr. Odinga. A month

later, Mr. Kibaki offered Mr. Odinga the role of prime minister, the de facto No. 2

in the Kenyan government, in return for an end to the attacks. Mr. Odinga was

sworn in on April 17, 2008. 

Affidavit of Bishop Ron McRae 11

Case: 08-4340 Document: 00312939194 Page: 12 Date Filed: 12/04/2008
Mr. Obama's judgment is seriously called into question when he backs an official

with troubling ties to Muslim extremists and whose supporters practice ethnic

cleansing and genocide. It was Islamic extremists in Kenya who bombed the U.S.

Embassy in 1998, killing more than 200 and injuring thousands. None of this has

dissuaded Mr. Obama from maintaining disturbing loyalties. 

Mark Hyman is an award-winning news commentator for Sinclair Broadcast

Group Inc.

Affidavit of Bishop Ron McRae 12

Case: 08-4340 Document: 00312939194 Page: 13 Date Filed: 12/04/2008
EXHIBIT “2”

Affidavit of Bishop Ron McRae 13

Case: 08-4340 Document: 00312939194 Page: 14 Date Filed: 12/04/2008
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ODM document

January 20 2008 at 4:26 PM

P.M. 

INTERNAL MEMO

FROM: SHAKEEL SHABBIR (CAMPAIGN RESOURCES ACCOUNTING

SECTION)

TO: HON. O. MAGARA (NATIONAL TREASURER)

SUBJECT: CONSOLIDATED STATEMENT OFF CAMPAIGN FINANCIAL

ACTIVITIES

DATE: 9 NOVEMBER 2007 TH

INCOMING RESOURCES

(DONATION CONVERTED TO KSHS)

FROM AMOUNT

Mr C Njjonjo 25,000,000

CMC Motors Grp 20,000,000

CFC Bank 5,000,000

Landrover Group Limited (UK) 55,000,000

JIAM 25,000,000

Pastor Gilbert Deya 20,000,000

Gilbert Deya Congregation (UK 10,500,000

Mr James Ongwae 3,500,000

Mr Bosco Gichana 12,000,000

Mr S Osamba (Dallas Tx) 6,100,000

Tata Tea 50,000,000

Tata Consultancy Service 350,000

Tata Motors 35,000,000

Dr Jane Konditi 350,000

Prof J Oduol 300,000

Mr AA Walji 7,000,000

Hon William Ole Ntimama 5,000,000

Mr Zackayo Cheruiyot 4,500,000

Mr Charles Onyancha 300,000

Brig (rtd) Alexanda Sitienei 225,000

Dick Morris Associates (pro bono services) 21,335,000

Dr S Kosgey 2,500,000

Kisumu Simba League 21,750,000

Dr P Otuoma 250,000

Mr S Murunga (Kimilili) 8,500,000

Tony Texeira 21,500,000

Mr S S Sodi 150,000

Zubedi group 20,000,000

Colourprint (posters/caps) 8,000,000

Anura Pereira 107,000,000

J Okungu 350,000

Tony Buckingham 6,000,000

Col Ted Spicer 17,000,000

Mr J kulei 39,000,000

Affidavit of Bishop Ron McRae 14

Case: 08-4340 Document: 00312939194 Page: 15 Date Filed: 12/04/2008
Kamani Family 45,000,000

GOSS 12,500,000

Friends of Senator BO 66,000,000

PK Pattni 13,500,000

United Business Association 70,000,000

Westlands Association 12,800,000

Mr P Oriare 50,000

Premier Club 5,250,000

Gymkhana Group 5,150,000

Ms Esther Passaris 1,000,000

Adopt-a-light (Advertising Support) 20,000,000

Seif-Al-Islam Gaddafi 53,450,000

Visa Oshwal Group 10,200,000

Nakumatt H 26,000,000

Hon Andrej Hermlin 100,000

Linkspartei (PDS) 35,000,000

Hon Mudavadi Family 12,500,000

Spectre International & Associates 90,000,000

Energem resources Inc 52,500,000

Sandline International 10,000,000

Hon N Balala Family 8,000,000

Hon William Ruto 10,000,000

Mr D Berg 1,500,000

Hon Henry Kosgey & Friends 20,000,000

HE O Obasanjo 25,000,000

Mr S Mwaita 1,000,000

SA Support Group (M Otieno) 25,000,000

DRC Support Group 22,000,000

Hon O Kajwang 50,000 Chq RTD

Hon J Nyagah 3,500,000

Mr J Kaikai 500,000

SDP 1,800,000

CHAPS 650,000

GCP (America) 154,000,000

Nganga Petroleum 1,500,000

Hon Eng Nyamunga 100,000

GM 2,000,000

KASS FM 400,000

INCOMING RESOURCES

(NOMINATION FEES)

Parliamentary Application Fees 295,000,000

Civic Application Fees 86,000,000

INCOMING RESOURCES

(VARIOUS SOURCES)

Dinner Launches Presentations 13,000,000

Merchandise sales 4,300,000

TOTAL INCOMING RESOURCES 1,772,560,000

RESOURCES EXPENDED

Fund Raising costs 25,813,050

Pre Nomination Rallies 165,355,300

Nominations (Personnel, Logistics, comm.) 160,500,000

Manifesto 76,304,100

Presidential Nominations 54,000,120

Equipment (Choppers, vehicles, etc) 320,208,000

Media Facilitation (Journalists) 29,300,000

Office Management & Overheads 98,567,450

Advertising 335,235,575

Merchandising 75,5625,700

Opinion Polls 7,300,000

Sewcurioty Operations and Personnel 22,500,000

Candidates Expenses (RO) 148,187,000

Pentagonm Allowances (Others) 89,000,000

Intelligenxce 39,775,450

General ICT 26,350,000

Propaganda 68,545,000

Trainning (Seminars & Conferences) 23,020,000

Affidavit of Bishop Ron McRae 15

Case: 08-4340 Document: 00312939194 Page: 16 Date Filed: 12/04/2008
TOTAL; RESOURCES EXPENDED 1,765,886,745

BALANCE TO BE CARRIED FORWARD 6,673,255

Notes 

I have taken into account all the subscription/donations/expenditure notes surrendered to my section by the

various arms of the 2007 ODM presidential campaign system.

Obviously, the money currently available cannot cover the campaign work still pending , and there is an

urgent need for the Direcorate of Resource Mobilization to do more.

Sh 9,435,200 is owed to various media houses which are now demanding upfront payment for all our

advertising

We recommend that the candidate brings forward proposed trips to DRC, Dubai/Kuwait and Venezuela to

ease current pressure

Also expedite fund raising at Coast, Kisumu, UK, and Sweden. 

Affidavit of Bishop Ron McRae 16

Case: 08-4340 Document: 00312939194 Page: 17 Date Filed: 12/04/2008
EXECUTIVE BRIEF ON THE POSITIONING AND MARKETING OF THE ORANGE

DEMOCRATIC MOVEMENT & “THE PEOPLE’S PRESIDENT” – Hon Raila A Odinga 

Core Strategy Team:

Prof Peter A Nyongo, Secretary General ODM

Prof Edward Oyugi Akongo

Prof Patrick Wanyande

Prof Larry Gumbe

Mr Adams Oloo

1. Purpose

1.0 To ensure that the Orange Democratic Movement (hereinafter referred to as “ODM”)

remains united and focused through out the national presidential campaigns period.

2.0 TO ensure that Hon Raila Amolo Odinga is elected the fourth president of the Republic of

Kenya in succession to the current President Mwai Kibaki

3.0 To ensure that Hon Raila Amolo Odinga secures an absolute majority of parliamentary seats

in the tenth parliament to facilitate the ease of the intended constitutional reform.

2. Preamble

2.0 The just conclude ODM Presidential nominations have ended the speculation and

competition within the ODM ranks with Hon. Raila Amolo Odinga (hereinafter referred to as

the Candidate”) emerging as the Party’s presidential torch bearer. The enthusiasm and

overacting support extended towards the Candidate have debunked the myth that 

 a As a member of the Luo community Hon Raila Odinga is not electable to the 

 presidency in Kenya

 This document is intended to provide the conceptual guidelines and roadmap for the

periods leading up to the presidential elections set for December 2007. This document

notes the challenges and obstacles likely to confront the Candidate. These include 

 Hon Kalonzo Musyoka’s potential to play spoiler

 The involvement role of ex-President Daniel arap Moi, his financial resources

country-wide political network, experience and strong following in the Rift Valley.

 Kibakis incumbency and track record

 The financial muscle of the Mt Kenya elite and their potential to play rough and

dirty.

The following pages outline a strategy for overcoming the odds and delivering the presidency to

Hon Raila Odinga and ODM in the December elections.

Affidavit of Bishop Ron McRae 17

Case: 08-4340 Document: 00312939194 Page: 18 Date Filed: 12/04/2008
Strengths

ü Hon Raila is charismatic and ambitious

ü Kenyans appreciate him as a fearless crusader for truth, justice and democracy

ü Has no publicly debated allegations of corruption

ü Great crowd puller/mobiliser/entertainer

ü Descends from a legendary family

ü 100% devoted following of the Luo community

ü Recognized as the individual best credited with the incumbent election to President

in 2002

ü Won the 2005 Constitution Referendum

ü Anchored by tribal chiefs with the potential to draw multi-regional support

Weaknesses

§ Limited understanding on economic matters

§ Has been faulted as having exhibited a knack for political party relationship nomadism

§ 

§ Association with Communism

§ Potential for linkage to the underdevelopment in Nyanza

§ 

§ The 1982 coup

§ Acrimonious parting of ways with Wamalwa Kijana (Luhya Western) Moi (Kalenjin, Rift

Valley) Kibaki (Gema, Mt Kenya region) and Kalonzo (Kamba , Eastern)

§ Matters surrounding corruption allegations related to the molasses plant, Kisumu and

implications of corruption as alleged by the Ndungu Report

Opportunities

ü Pin down Mwai Kibaki on his 2002 promise to be a one term president

ü Capitalize on matters related to the dishonoured MoU of 2002

ü Take advantage of Mwai Kibakis’ Laziness and laidback attitude

ü Exploit anti-Kikuyu sentiments

ü Leverage the vulnerability of the Kibaki administration responses to corruption

matters as the Anglo-leasing and Goldenberg scandal. Seize this opportunity to

confront him with a powerful anti-corruption campaign message

ü Ditto the £130b stashed away by Kanu leaders

Affidavit of Bishop Ron McRae 18

Case: 08-4340 Document: 00312939194 Page: 19 Date Filed: 12/04/2008
ü Artur brothers and their raid to the Standard Group

Threats

§ The Candidates religion and perceived state of religiosity 

§ The public’s perception of the candidate’s Communism

§ Kibera in his Langata constituency is the least developed and most volatile area of Nairobi

§ Damage incurred from Hon Ruto’s recorded statements on the Candidates unelectability

§ The Candidates potential for ad-hoc and imrpovised statements

Affidavit of Bishop Ron McRae 19

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DEDUCTION

Based on the above SWOT

a the Candidate’s Strengths and Opportunities significantly outweigh his

weaknesses.

b The Candidates/Party popularity is imminent should we recreate and maintain the

euphoria achieved during the 2005 Constitutional Referendum and in the last

General Election.

RECOMMENDED ACTION PLAN

I The Grand Entrance

As earlier agreed in order that our candidate campaigns commence with impact, it is necessary

that he exit Kenya to lay foundation for a grand home coming similar to Matibas in 1992 and

Kibakis in 2002. Whereas the party has identified areas such as Nigeria and Middle East as

regions of interest, it is recommended that the Candidate focus on Europe and the United States

where Diaspora is active) for this purpose. A lengthy absence will starve the country of Hon Raila

and stimulate an outpouring of adoration that will take us to victory.

II Kikuyu Alienation

Owing to this strategy’s success during the 2005 referendum, it is the party’s position it should be

utilized once more for the General Election. There is overwhelming feeling among the non-Gema

communities that the Kikuyu are selfish bigots dedicated to a tribal hegemony who will never

share the spoils of government with other communities. Underpinning this strategy is the blessing

that ODM campaign has able pointmen in Mudavadi, Ruto, Balala and Ntimama who can

efficiently galvanize their respective communities around the anti-kikuyu initiative. Concurrently,

every effort must be made to undermine Kalonzo in order to prevent him from emerging as an

alternative avenue for anti-kikuyu sentiment. In this regard, particular caution should be placed on

regions such as RVP where Kalonzo has the potential of attracting some of our votes. AntiKikuyuism must be reinforced with promises of jobs and economic gains to key players from every

community supporting this initiative.

The Class Issue

It is possible to trigger a class war by painting the Kibaki Government as an insensitive, uncaring

group of Muthaiga Golf clubbers. Available research also suggests that this strategy could also

resonate with poor kikuyu youth who feel economically marginalized by their own government. As

part of this strategy the party should seek to elevate the emotions within all youth constituents who

may it successful, be willing to vote for us in the protest. Visible signs of class disparity will provide

important fodder for this theme.

Pro-West

It is absolutely essential that through out this campaign, Raila remain aligned to the Western

Countries (such as the United States) in order to take advantage of the deteriorating relationship

between them and Kibaki. ODM can expect both financial and political support particularly from

the United States.

Pull All Plugs

Affidavit of Bishop Ron McRae 20

Case: 08-4340 Document: 00312939194 Page: 21 Date Filed: 12/04/2008
This being the contest of a lifetime, the party should employ all available means to ensure a

victory. Subterranean campaigns will therefore form a critical component of our activities.

Corruption in the Kibaki Government, the mess of Kibakis domestic situation and the soap opera

of the Artur brothers provide ready material for this war.

Affidavit of Bishop Ron McRae 21

Case: 08-4340 Document: 00312939194 Page: 22 Date Filed: 12/04/2008
The Media

Since 2005, the Orange team has maintained intimate contacts across all media. Even though a

number of senior media managers are active in our campaigns, we should establish strongest

Media Centre possible, manned by local and international experts. Indeed, we must approach this

issue with the understanding that victory in the media war could very well mean victory at the

polls.

Identify the Fixers.

There is no doubt that the key regional point men are invaluable to this campaign as without them

the whole thing could tumble. In order\ to insulate the candidate from attacks on his person, not all

advertising and campaign efforts should be focused on him. At the same time, all possible efforts

should be used to retain discipline among the party leadership, including reminding them of their

vulnerability.

Funding

Tap into pledged funding from external donors including Federal Republic of Nigeria, Germany,

the United Arab Emirates, South Africa, Libya, The Democratic Republic of Congo as well as

individual /institutional caucuses such as GTZ network, Cyril Ramaphosa, the Deya Ministries and

US Republicans among others. 

Below is the schedule of activities that will lead to the implementation of our strategy

Strategy

Rationale

How to Activate

When to Activate

Action By:

The Anti-Kikuyu crusade

1. This is an important wedge issue. It will help galvanise the rest of the country against a

common enemy and set the overall theme of our campaign

1. Mass media (allusion to predominance of Kikuyus in public service and business

2. Public Rallies

3 Leaflets

4 Viral e-mail and SMS

Through out the campaign period, heightened activities three weeks before elections

All members R.O. to lead the execution of this strategy

Uhuru Kenyatta as Kibakis Choice for 2012

1. 1. Accentuate the anti-Kikuyu sentiments.

2. Cause unease within PNU ranks

3.Attract Luhya vote by eliminating the belief that there will be a Luhya successor

4. Communicate the intention to retain power within a select group of prominent political families 

(Kenyatta, Moi, Kibaki)

1. Speculative newspaper articles /opeds

2. Public pronouncements at all campaign rallies

Affidavit of Bishop Ron McRae 22

Case: 08-4340 Document: 00312939194 Page: 23 Date Filed: 12/04/2008
3. Blogs/web forums

4. Leaflets, with special focus on Western Kenya and RVP

Immediately, with heightened media activities end of November

1. Kipkoech Tanui & Okech Kendo.

2. R.O

Majimbo

5. Majimbo present the promise to the electorate that they will retain their resources at the exclusion

of foreigners particularly the Kikuyu, Akamba and the Indians. It is particularly important in

galvanising the Coastal vote.

1. Public Rallies in RVP Western and Coast

2. Op-Ed columns in the mainstream media

3. TV/FM radio call in shows

4. Public forums such as workshops with high profile personalities such as Ghai.

5. 

Immediate heightened activities sin December

Ruto to lead campaign team.

Corruption

Branding the opponent as irredeemably corrupt will provide diversionary salvos and a campaign

theme worth pursuing through out the electioneering period.

1. Press conferences, themed under specific premises such as Telkom and Safaricom sale.

2. TV, Radio, Billboard advertising.

3. Newspaper articles, radio and TV talkshows.

4. Campaign Rallies

5. Viral email, Mashada Blogs, You tube and SmS

Through out the campaign period with heightened activities in NOV/DEC

All RO to provide core leadership.

The Githongo Dossier

Githongo has so far provided the most important ammunition in branding the opponent as

irredeemably corrupt. He still is capable of killer blow

Release more incriminating recordings from his time in Government

10 days before elections

J Odindo to provide Nation forum.

R.O. to release material already in custody

The Artur Brothers

6. This Saga presents unending opportunities to embarrass the Kibaki team

Induce brothers to release their long awaited book at the right moment. Our media partners

are waiting to serialize the contents.

Two weeks before the elections

R.O

Affidavit of Bishop Ron McRae 23

Case: 08-4340 Document: 00312939194 Page: 24 Date Filed: 12/04/2008
The age issue

Our core supporters are essentially young people whoa re angry about the domination of Kibaki

politics by frail septuagenarians.

Billboards and leaflets ridiculing the old people in the Kibaki team; contrast this with billboards of

Hon Raila with young people- the promise of a buoyant future.

immediately

Communication team

Rigging

1. Prepare ground for rejection of

1. Press conferences

Oct/Nov/ Dec

All

Affidavit of Bishop Ron McRae 24

Case: 08-4340 Document: 00312939194 Page: 25 Date Filed: 12/04/2008
Unfavourable results 2.Increase interest in monitoring activities to ensure no rigging happens

3. Deflect attention from ourselves should opportunities be available to manipulate voter turnout

in our green areas.

2. Op-Ed Columns

3. TV/FM radio call-in shows

4. Petitions to embassies and ODM- friendly NGOs’

5. Public Rallies

Ethnic Tensions/Violence as a last

 Resort

To discourage voter participation in hostile areas

1. Continue pro-Majimbo utterances

2. Use ODM agents on the ground to engineer ethnic tensions in target areas

3. Support Kapondi’s forces in Mt. Elgon

4. Leaflets targeting the Kikuyus, Kisiis, etc

Mid-Dec

Bring Alexanda Sitienei

Respond to this message 

Current Topic - ODM document

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Return to Index 

Affidavit of Bishop Ron McRae 25

Case: 08-4340 Document: 00312939194 Page: 26 Date Filed: 12/04/2008
Additional Locations & References to the ODM Internal Memo

ODM Financial Disclosure from Internal Memo Published on API network site:

http://africanpress.wordpress.com/2007/12/30/organizations-and-persons-funding-odm/

« CHALLENGES AFTER ELECTIONS - Kenya

The Re-birth of a Nation »

Organizations and persons funding ODM

Posted by africanpress on December 30, 2007

Following extreme pressure by our readers and comments doubting the authenticity of a

confidential dossier on the source of funding for the Orange Democratic Movement

(ODM) we publish in full the entire list and their specific contribution..we will publish

the list as it is including the abbreviations - For the record we stand by every bit of our

publications and challenge anyone named to face this site in court for we have to the

letter evidence on more than 20 organizations / individuals named.

INTERNAL MEMO

FROM: SHAKEEL SHABBIR (CAMPAIGN RESOURCES ACCOUNTING

SECTION)

TO: HON.O.MAGARA (NATIONAL TREASURER)

SUBJECT: CONSOLIDATED STATEMENT OF CAMPAIGN FINANCIAL

ACTIVITIES

DATE: 9TH NOVEMBER 2007

1. Mr. C.Njonjo - 25,000,000

2.CMC Motors Grp- 20,000,000

3.CFC Bank 5,000,000

4. Land Rover Group Limited 55,000,000

5. JIAM 25,000,000

6. Pastor Gilbert Deya 20,000,000

7. Gilbert Deya Congregation (UK) 10,500,000

8. Mr.James Ongwae 3,500,000

9.Mr.Bosco Gichana 12,000,000

10. Mr.S.Osamba (Dallas Tx) 6,100,000

11. Tata Tea 50,000,000

12. Tata Consultancy Services 350,000

13.Tata Motors 35,000,000

14. Dr. Jane Konditi 250,000

15.Prof. J.Odoul 300,000

16. Mr.AA Walji 7,000,000

17.Hon.William Ole Ntimama 5,000,000

18. Mr.Zakayo Cheruiyot 4,500,000

19.Mr.Charles Onyancha 300,000

20.Brig. (rtd) Alexander Sitenei 225,000

21. Dick Morris Associates (pro bono services)21,335,000

22.Dr.S.Kosgey 2,500,000

23.Kisumu Simba League 21,750,000

Affidavit of Bishop Ron McRae 26

Case: 08-4340 Document: 00312939194 Page: 27 Date Filed: 12/04/2008
24.Dr.P.Otuoma 250,000

25. Mr. S.Murunga (Kimilili) 8,500,000

26.Tony Texeira 21, 500,000

27. Mr. SS Sodi 150,000

28. Zubedi Group 20,000,000

29. Colourprint (Posters /Caps) 8,000,000

30. Anura Pereira 107, 000, 000

31. J.Okungu 350,000

32. Tony Buckingham 6,000,000

33.Col Tony Spicer 17,000,000

34. Mr.J.Kulei 39,000,000

35..Kamani Family 45,000,000

36.GOSS 12,500,000

37. Friends of Senator BO 66,00,000

38.P.K. Pattni 13,500,000

39.United Business Association 70,000,000

40.Westlands Association 12,800,000

41.Mr.P.Oriare 50,000

42.Premier club group 5,250,000

43.Gymkhana Group 5,150,000

44. Ms Esther Passaris 1,000,000

45. Adopt-a-light (advertising support) 20,000,000

46.Seifal-Islam Gaddafi 53,450,000

47. Visa Oshwal Group 10,200,000

48.Nakumatt H 26,000,000

49.Herr.Andrej Hermlin 100,000

50.Die Linkspartei (PDS) 35,000,000

51.Hon.Mudavadi Family 12,500,000

52. Spectre International & Associates 90,000,000

53. Energem Resourses Inc 52,500,000

54.Sandline International 10,000,000

55.Hon.Balala Family 8,000,000

56.Hon.William Ruto 10,000,000

57.Mr.D. Berg 1,500,000

58.Hon.Henry Kosgey & Friends 20,000,000

59. H.E.Obasanjo 25,000,000

60.Mr.S.Mwaita 1,000,000

61. S.A.Support group (M.Otieno) 25,000,000

62.DRC Support group 50,000 Chq RTD

63.Hon.O.Kajwang 3,500,000

64. Hon. J.Nyagah 3,500,000

65. Mr. L. Kaikai 500,000

66.SDP 1,800,000

67.NARC 650,000

68. GOP (America) 154,000,000

69.Nyanza Petroleum 1,500,000

70.Hon. Eng. Nyamunga 100,000

Affidavit of Bishop Ron McRae 27

Case: 08-4340 Document: 00312939194 Page: 28 Date Filed: 12/04/2008
71. GM 2, 000,000

72. KASS FM 400,000

INCOMING RESOURCES

(NOMINATION FEES)

Parliamentary application Fees 295,000,000

Civic application fees 86,000,000

INCOMING RESOURCES

(VARIOUS SOURCES)

Dinners, Launches, Presentations 13,000,000

Merchandise Sales 4,300,000

TOTAL INCOMING RESOURCES 1,772,560,000

Posted by Garuka Njuguna - UK

Published by API/APN africanpress@chello.no

To view this item online, visit http://www.worldnetdaily.com/index.php?pageId=78035 

Saturday, October 25, 2008

WorldNetDaily Exclusive

Obama raised $1 million for foreign thug's election

Democrat joined Libya's Gadhafi among top contributors to Odinga

Posted: October 14, 2008

9:27 pm Eastern

By Jerome R. Corsi

WorldNetDaily 

Raila Odinga

NEW YORK – Sen. Barack Obama, with a donation of nearly $1 million, and a son of Libyan dictator

Muammar Gadhafi were among the biggest contributors to the presidential campaign of controversial

Kenyan leader Raila Odinga, according to an internal document obtained by WND.

The memo was prepared by the head of Odinga's campaign finance accounting section, Shakeel Shabbir,

as an official report delivered to the national treasurer for Odinga's Orange Democratic Movement party,

or ODM.

Among the 72 individuals and organizations that contributed money to Odinga's 2007 presidential run in

Kenya, Shabbir lists "Friends of Senator B.O." as having donated 66,000,000 Kenyan schillings, about

$950,000.

Saif el-Islam Gadhafi, the Libyan strongman's second oldest son, reportedly donated 53,450,000 Kenyan

schillings, about $765,000.

According to several highly credible ex-ODM sources WND interviewed in Kenya, the $950,000 raised

for Odinga's campaign came from a series of private meetings arranged for Odinga by Mark Lippert, a

foreign policy adviser in Obama's U.S. Senate office. The meetings with top-dollar Obama fundraisers

and donors took place during Odinga's 2006 trip to the U.S.

(Story continues below)

In Kenya, WND talked to several top ex-ODM officials who played key roles in Odinga's 2007

presidential campaign.

The officials became disaffected with Odinga after confirming he signed a memorandum of

understanding with Sheik Abdullahi Abdi, the chairman of the National Muslim Leaders Forum, or

NAMLEF. In the Aug, 27, 2007, agreement, Odinga promised that within six months of becoming

Affidavit of Bishop Ron McRae 28

Case: 08-4340 Document: 00312939194 Page: 29 Date Filed: 12/04/2008
president, he would "rewrite the Constitution of Kenya to recognize Shariah as the only true law

sanctioned by the Holy Quran for Muslim declared religions."

The ex-Odinga officials also told WND that, as Christians, they were appalled to see Odinga use tribal

violence as a strategy to gain power after he lost the election by some 250,000 votes to sitting President

Mwai Kibaki, a member of Kenya's majority Kikuyu tribe.

Odinga called on fellow Luo tribal members to protest alleged voter fraud, resulting in a brutal wave of

machete-wielding violence that killed an estimated 1,000 members of the Kikuyu tribe in January and

February. Some 800 Christian churches also were destroyed or burned to the ground, without a single

mosque being damaged.

Get the book that started it all – Jerome Corsi's "The Obama Nation," personally autographed – for only

$4.95, available today, but only from WND!

In a move to end the post-election violence, Kibaki named Odinga as prime minister April 13, effectively

entering into a power-sharing agreement brokered by former U.N. General Secretary Kofi Annan and

U.S. Secretary of State Condoleezza Rice that established Odinga as a co-equal head of state.

WND contacted both Obama's Washington Senate office and his Chicago campaign office asking for

comment on this story but received no response.

Odinga-Gadhafi alliance

The ex-ODM supporters of Odinga also confirmed a long-suspected alliance between Odinga and

Gadhafi that dates back to Odinga's service as Kenyan minister of energy in 2001-2002.

Shakeel Shabbir's internal campaign finance memorandum was noted in Chapter 4 of "The Obama

Nation: Leftist Politics and the Cult of Personality." At the time the book was published, however, the

authenticity of the memo could not be proved.

Research conducted in Kenya by WND this month confirmed Shabbir's funding memorandum had been

smuggled out of ODM offices by Christian former-ODM officials who had turned on Odinga after the

agreement with the Muslim leader was verified.

While several Internet sources posting the Shabbir memo have been taken down since publication of "The

Obama Nation" brought it to international attention, it can still be seen here.

As energy minister, Odinga was introduced to the family of Sheik Abdulkadir Al-Bakri, one of the richest

oil families in Saudi Arabia. Through his firm Pan African Petroleum Limited, Odinga is believed to have

made millions on a concessionary petroleum deal he negotiated as a silent partner in the local arm of AlBakri International.

The Washington Times reported Odinga visited Obama during three trips the Kenyan politician made to

the U.S. in 2004, 2005 and 2006.

The Times also reported Obama sent his Senate office foreign policy adviser Lippert to Kenya in early

2006 to coordinate a Senate "fact-finding" visit to Kenya later that year.

WND previously published a story referencing a copy of a private Dec. 22, 2006, e-mail in which Obama

personally informed Odinga that "all our correspondence [be] handled by Mr. Mark Lippert."

Obama apparently sought to establish a level of separation between himself and Odinga in their

communications regarding the Kenyan election, noting further in the e-mail, using Lippert as a gobetween "will be for my own security now and in future."

WND previously reported that when Obama visited Kenya in 2006, the administration of President

Kibaki objected that Odinga was using Obama's visit to win votes. Obama's repeated public appearances

with Odinga, and the senator's almost daily criticism of the Kibaki government added to the

administration's objections.

A report by Chicago's WBBM-TV news team, which covered Obama in Kenya, shows the senator

making statements critical of the Kibaki government.

WBBM interviewed on camera Kenyan government spokesman Alfred Mutua, who accused Obama of

meddling inappropriately in Kenyan presidential politics.

Affidavit of Bishop Ron McRae 29

Case: 08-4340 Document: 00312939194 Page: 30 Date Filed: 12/04/2008
Matua said, "I think Odinga has to look at critically where he is receiving his advice from. Just because

somebody wants to run for president, and he is using Senator Obama as his stooge, as his puppet, to be

able to get where he wants to get."

WND met with key officials in the Kibaki administration who affirmed their continuing conviction

Obama used his 2006 Senate fact-finding visit to Kenya to advance Odinga's presidential candidacy.

Obama, the officials charged, allowed Odinga to join him in many public appearances in Kenya and give

speeches attacking Kibaki with themes that later became key attacks in the 2007 campaign.

Obama maintained close contact with Odinga throughout the Kenyan campaign, with Lippert continuing

to review and share strategy documents with Odinga from Obama's U.S. Senate office in Washington,

according to the ex-ODM officials WND interviewed in Kenya.

In the final days of the New Hampshire Democratic Party primary, while the post-election violence was

still raging in Kenya, Obama told reporters from the BBC he continued to maintain contact with Odinga

in Kenya by cell phone.

The Chicago Sun-Times called Lippert one of Obama's "inner circle of foreign policy experts," noting

Lippert joined the Illinois Democrat's Senate office in Washington at beginning of his term in January

2004, moving over from a staff position on the Senate Foreign Relations Committee.

Newsweek reported Lippert, a lieutenant junior grade in the Naval Reserve with an intelligence

background, also served a year's deployment in Iraq.

Lippert also worked for five years with the Senate Appropriations Committee Foreign Operations

Subcommittee and handled foreign policy and defense issues for the Senate Democratic Policy

Committee, according to the Sun-Times.

For media wishing to interview Jerome Corsi, please e-mail Tim Bueler.

Affidavit of Bishop Ron McRae 30

Case: 08-4340 Document: 00312939194 Page: 31 Date Filed: 12/04/2008
EXHIBIT “3”

Affidavit of Bishop Ron McRae 31

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Affidavit of Bishop Ron McRae 32 

Case: 08-4340 Document: 00312939194 Page: 33 Date Filed: 12/04/2008
Affidavit of Bishop Ron McRae 33

Case: 08-4340 Document: 00312939194 Page: 34 Date Filed: 12/04/2008
Affidavit of Bishop Ron McRae 34

Case: 08-4340 Document: 00312939194 Page: 35 Date Filed: 12/04/2008
EXHIBIT “4”

Affidavit of Bishop Ron McRae 35

Case: 08-4340 Document: 00312939194 Page: 36 Date Filed: 12/04/2008
-----Original Message-----

From: Kweli Shuhubia [mailto:kwelishuhubia@yahoo.com] (Name temp.changed)

Sent: Friday, October 17, 2008 9:13 AM

To: BishopMcRae@theanabaptistschurch.com

Cc: Bishopgeorgecalvas@theanabaptistschurch.com

Subject: Re: OBAMA'S GRANDMOTHER-SARAH SPEAKS AT HER HOME.

Dear Brother Ron,

From our visit to the home of Sarah Obama,the grandmother of Barack

Obama,the U.S Presidential candidate yesterday[16-10-2008] the home is

flooded with people who are in a celebratory mood over Obamas success

story,waiting to be the first black American president.

The home is fully guarded by the Kenyan Police.

As I enter the house and engage the grandmother in deep conversation via a

dholuo translater,a heavy presence of fear is on the old womans face as she

labours to explain facts surrounding Obama's birth.

Her grandsons and other relatives who surround her come in quickly to help

her set the contentious birth records,that Obama was born in Hawaii and not

in Mombasa,Kenya.The atmosphere in the house becomes tense,I then change

tact,reassured them that all is well and prayed.

It was then that I began to take photos of her,her grandsons and other

relatives that I informed them that I have a great friend,a man of God who

would like to greet them over the phone.I called bishop Ron MCrae,who

requested that I switch on the phone's loudspeaker for all to hear;

After greeting Sarah Obama,bishop Ron frankly asked the question:

"Were you present when your grandson-Barrack Obama was born in Mombasa

Kenya? She replied "YES."

This question was asked again and the same answer was given.

It was then that one of the relative,sternly corrected her and told Ron that

Obama was born in HAWAII AMERICA AND NOT MOMBASA KENYA.

Affidavit of Bishop Ron McRae 36

Case: 08-4340 Document: 00312939194 Page: 37 Date Filed: 12/04/2008
-----Original Message-----

From: Kweli Shuhubia [mailto:Kweli.Shuhubia@yahoo.com]

Sent: Friday, October 17, 2008 10:08 AM

To: Bishopmcrae@theanabaptistschurch.com

Subject: OBAMA SEARCH

Dear brother Ron,

The search continues.

Iam still in Kisumu City compiling data and reports from my secret contacts.

The whole operation is tough,given its political nature and bearing.

The political world operates on influence and money and both are needed for

this assignment.

From what his brother in Huruma-Nairobi, says verbally,he refused 2000U.S

Dollars from Dr.Jerome Corsi,a white American,who wanted to bribe him to get

the same information but was immediately deported on [7-10-2008] by the

Kenyan Government.According to him if we can raise ten times that amount

then he is willing to help.

-----Original Message-----

From: Kweli Shuhubia [mailto:kwelishuhubia@yahoo.com]

Sent: Wednesday, October 22, 2008 5:16 AM

To: BishopMcRae@theanabaptistschurch.com

Cc: gcalvas@theanabaptistschurch.com

Subject: RE: OBAMA'S

Dear Brother Ron,

Did you get the photos I sent to you yesterday?

The search at Mombasa provincial Civil Registrar of Persons has been rather

slow because it is manual and risky.

One of the Officials I had engaged to search worked tirelessly from morning

to evening and confided that the file of ANN DUNHAM-The mother of Obama is

missing,the files mixed up.The search continues secretly.

I have just had an interview with the highest official, the Principal

Registrar in person and he told me openly that Obama's file is classified

and profiled.That simpy means that the issue is top secret and should I want

information I should go to the Attorney General's Office and to the Minister

In Charge of Immigration.He exppressed his fears and told me the risks to

his job and life are too high and he does not want to be another Dr.Jerome

Corsi-the anti-Obama American who was deported by the Kenyan Government.

E-mail me immediately,let me get the next course of action.

There are financial issues I raised yesterday that need your action.This is

the third day in Mombasa City and it is damn expensive in all areas.

Affidavit of Bishop Ron McRae 37

Case: 08-4340 Document: 00312939194 Page: 38 Date Filed: 12/04/2008
EXHIBIT “5”

Affidavit of Bishop Ron McRae 38

Case: 08-4340 Document: 00312939194 Page: 39 Date Filed: 12/04/2008
From AT&T Monthly Statement of Calls:

1 10 WED 10/15/2008 8:18PM 814-629-5423 BOSWELL PA 1 RM30 DT 0.00 0.00 0.00 

1 11 THU 10/16/2008 10:33AM 254726477700 INCOMING

CL 1 RM30 DT 0.00 0.00 0.00 

1 12 THU 10/16/2008 10:35AM 254726477700 INCOMING

CL 1 RM30 DT 0.00 0.00 0.00 

1 3 THU 10/16/2008 10:40AM 254726477700 KENYA ** 15 RM30 DT 0.00 12.32 12.32 

1 14 THU 10/16/2008 10:54AM 610-662-3005 BALACYNWY

PA 2 ESM1 DT M2MC 0.00 0.00 0.00 

1 15 THU 10/16/2008 10:56AM 610-825-3134 CONSHOHCK

PA 1 0 RM30 DT 0.00 0.00 0.00 

1 16 THU 10/16/2008 11:17AM 313-418-6959 DETROIT MI 1 RM30 DT 0.00 0.00 0.00 

11 7 THU 10/16/2008 11:18AM 313-418-6959 DETROIT MI 16 RM30 DT 0.00 0.00 0.00 

11 8 THU 10/16/2008 11:33AM 254726477700 KENYA ** 2 RM30 DT 0.00 1.76 1.76 

11 9 THU 10/16/2008 12:37PM 254726477700 KENYA ** 2 RM30 DT 0.00 1.76 1.76 

1 20 THU 10/16/2008 12:41PM 814-242-9409 VMAIL CL 1 RM30 DT VM 0.00 0.00 0.00 

12 1 THU 10/16/2008 12:42PM 254726477700 KENYA ** 10 RM30 DT 0.00 8.80 8.80 

* Last digits of Kweli Shuhubia’s phone number is blanked in order to protect his identity and safety. 

Affidavit of Bishop Ron McRae 39

Case: 08-4340 Document: 00312939194 Page: 40 Date Filed: 12/04/2008
EXHIBIT “6”

Affidavit of Bishop Ron McRae 40

Case: 08-4340 Document: 00312939194 Page: 41 Date Filed: 12/04/2008
Transcript of Phone Conversation

With Kweli Shuhudia & Sarah Obama

Thursday, October 16, 2008

Time: 10:40 a.m.

NOTATION: Mr. Shuhudia called me first on October 16 at 10:33a.m. and advised that he was th

with Sarah Hussein Obama and that she wanted to speak with me, but the connection was lost. He called

me right back at 10:35a.m. and he informed me that there were several hundred people present,

celebrating Obama’s success. I questioned him about the format of the phone call and conversation with

Ms. Obama, and then informed him that I would call him right back, so it would not cost him

international charges for the call. I called back at 10:40a.m. and public music and voices could be heard

that were gathered around Kweli Shuhudia. I then spoke with him and requested that they utilize the

speaker phone so everyone could hear. The speaker phone with its open microphone was utilized with

Mr. Kweli Shuhudia, Mr. Vitalis Akech Ogombe assisting in the translation work and Ms. Sarah Hussein,

along with several hundred people including policeman present and listening to the open conversation

between the four of us for approximately 15 minutes. A third unknown party can be heard periodically

interjecting both Swahili and English words in the public discussion and conversation between the four of

us. At times the room noise from other peoples’ voices makes some of the swahili difficult to hear, and

towards the end of the converstaion several men’s voices are heard that are not identified. 

From AT&T Monthly Statement of Calls:

1 10 WED 10/15/2008 8:18PM 814-629-5423 BOSWELL PA 1 RM30 DT 0.00 0.00 0.00 

1 11 THU 10/16/2008 10:33AM 254726477700 INCOMING

CL 1 RM30 DT 0.00 0.00 0.00 

1 12 THU 10/16/2008 10:35AM 254726477700 INCOMING

CL 1 RM30 DT 0.00 0.00 0.00 

1 3 THU 10/16/2008 10:40AM 254726477700 KENYA ** 15 RM30 DT 0.00 12.32 12.32 

1 14 THU 10/16/2008 10:54AM 610-662-3005 BALACYNWY

PA 2 ESM1 DT M2MC 0.00 0.00 0.00 

1 15 THU 10/16/2008 10:56AM 610-825-3134 CONSHOHCK

PA 1 0 RM30 DT 0.00 0.00 0.00 

1 16 THU 10/16/2008 11:17AM 313-418-6959 DETROIT MI 1 RM30 DT 0.00 0.00 0.00 

11 7 THU 10/16/2008 11:18AM 313-418-6959 DETROIT MI 16 RM30 DT 0.00 0.00 0.00 

11 8 THU 10/16/2008 11:33AM 254726477700 KENYA ** 2 RM30 DT 0.00 1.76 1.76 

11 9 THU 10/16/2008 12:37PM 254726477700 KENYA ** 2 RM30 DT 0.00 1.76 1.76 

1 20 THU 10/16/2008 12:41PM 814-242-9409 VMAIL CL 1 RM30 DT VM 0.00 0.00 0.00 

12 1 THU 10/16/2008 12:42PM 254726477700 KENYA ** 10 RM30 DT 0.00 8.80 8.80 

Transcript: 

Two Rings: 

Kweli Shuhudia: Hello? [Back ground music]

Ron McRae: Brother Kweli? [music] Brother Kweli? This is Brother McRae.

Kweli Shuhudia: Yes. 

Ron McRae: Okay. How are you today?

Affidavit of Bishop Ron McRae 41

Case: 08-4340 Document: 00312939194 Page: 42 Date Filed: 12/04/2008
Kweli Shuhudia: Now. We are okay. How are you?

Ron McRae: I’m doing very well. You said you are there with, uh, Barack Obama’s grandmother?

Kweli Shuhudia: Yes. I am just in the home now. She is right here. We’re, we’re waiting to talk in a uh

long conversation. And [unitelligible] a good family and she is ready to talk. 

Ron McRae: Good. She’s not there at the present?

Kweli Shuhudia: Yes. She’s here right now. 

Ron McRae: Okay. Is it possible to speak to her?

Kweli Shuhudia: Yes. It is possible. I ah, along with her and her family, uh, you and me. 

Ron McRae: Uh, is it possible for you to put her on the speaker phone and translate for me?

Kweli Shuhudia: Yes! Yes! I will do that. 

Ron McRae: Okay. 

Kweli Shuhudia: Yes?

Ron McRae: Okay. 

Kweli Shuhudia: Yes. Go ahead [he then speaks to her in Swahili]

Sarah Obama: [Replies to him in Swahili]

Ron McRae: Ms. Obama?

Kweli Shuhudia: Yes go ahead. 

Ron McRae: Mrs. Obama, my name is bishop Ron McRae. 

Kweli Shuhudia: Ametaja bishop Ron McRae, Ron McRae. Go ahead. 

Ron McRae: I am, I am the bishop of the Anabaptists Churches of North America. 

Kweli Shuhudia: Yeye niaskofu Anabaptists makaisa. 

Sarah Obama: Shikamooo! [Hello, good day]. 

Mr. Ogombe: Are you speaking English and , and we will tell her in Luo. Okay?

Ron McRae: Now give me that again. Explain it to me again. 

Ogombe: It is welcome. She is very grateful for your interest. 

Ron McRae: Okay. Thank you! Tell her I count it a great honor to speak to here since her son Barack

Obama is running for President of the United States. 

Ogombe: Eh makasema yuko kiuu mgomba Obama kwa mwenyekiti America. Yah, she says she is very

helpful for got to you to please pray for Obama. She is asking you to pray for him. For Obama. 

Ron McRae: Yes Sir. Uh...Ms. Obama, you can rest assured that I am praying for your son, for your

grandson. 

Ogombe: Yes. It is helpful also towards it is beginning to help. 

Affidavit of Bishop Ron McRae 42

Case: 08-4340 Document: 00312939194 Page: 43 Date Filed: 12/04/2008
Ron McRae: Okay. 

Sarah Obama: [unitelligible from Ms. Obama because of room noise]. 

Ogombe: She says she is covet your prayers for he [unintelligible] her son. 

Ron McRae: Okay. And tell her that I will be coming there in December and I would like to come by and

meet with her and pray with her. 

Ogombe: Yes. Ye atakuwa mwezi Desemba. 

Kweli Shuhudia: In December. He will come in December and he wants to come and talk with you. 

Sarah Obama: [unitelligible]

Ogombe: Oh she says you’re so encourage her. Your coming in December so you can talk together with

her. 

Ron McRae: Amen. I am so thankful. Could I ask her, uh, about his, uh, his actual birthplace? I would

like to see hi actual birthplace when I, when I come to Kenya in December. Uh, was she present when he

was, was she present when he was born in Kenya? 

Ogombe to Sarah Obama: Alikuma zalima Obama [unintelligible]. 

Kweli Shuhudia: He is asking her, he wants to know something was ah she present when he was born?

Ogombe: Yes. She says, “Yes she was! She was present when Obama was born.”

Ron McRae: Okay. 

Affidavit of Bishop Ron McRae 43

Case: 08-4340 Document: 00312939194 Page: 44 Date Filed: 12/04/2008
EXHIBIT “B” 

Case: 08-4340 Document: 00312939195 Page: 1 Date Filed: 12/04/2008
I\Obama\Obama, Affidavit of Rev. Kweli Shuhubia 10 30 2008 1

UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PHILIP J. BERG, ESQUIRE : 

 : 

 Plaintiff : 

 vs. :CIVIL ACTION NO: 08-cv- 04083 

 : 

BARACK HUSSEIN OBAMA, ET AL : 

 : 

 Defendants :

AFFIDAVIT OF REVEREND KWELI SHUHUBIA

 I, Kweli Shuhubia am over the age of eighteen (18) and not a party to the within 

action. If called to do so, I could and would competently testify under oath as follows 

 I am an ordained minister of the gospel of Jesus Christ and a native evangelist and 

translator for the Anabaptist churches in Kenya. I am the official Swahili translator for 

the annual Anabaptists Conference held each year in Africa, working with the American 

bishops sitting upon the Continental Presbytery of the Anabaptists Churches of Africa. I 

am fluent in Swahili and in English. I am a former teacher in Kenya, and travel 

extensively in the ministries of the Anabaptists Churches of Africa throughout Kenya, 

Uganda and the Sudan. 

 It is common knowledge throughout the Christian and Muslim communities in 

Kenya that Barack Hussein Obama, Jr., the United States Presidential candidate, was 

born in Mombosa Kenya. Senator Obama’s grandmother still resides in the village of 

Alego-Kogello, approximately 37 miles from Kisumu City. On October 16, 2008 I went 

to interview Ms. Sarah Obama at her home. Ms. Obama’s home was flooded with people 

who were celebrating Senator Obama’s success story. Ms. Obama’s home was heavily 

Case: 08-4340 Document: 00312939195 Page: 2 Date Filed: 12/04/2008
I\Obama\Obama, Affidavit of Rev. Kweli Shuhubia 10 30 2008 2

guarded by Kenya Police. Prior to the interview with Ms. Obama, I took pictures of Ms. 

Obama, her grandson who was present and other family members. 

 During my interview of Sarah Obama; I called Bishop Ron McRae in the United 

States from my mobile number. I advised Bishop McRae that I was present with Ms. 

Obama in her home, and wished for him to speak with her. Bishop McRae informed me 

he would call me right back, to avoid the international costs on my personal mobile 

phone. Bishop McRae subsequently called me back; Bishop McRae requested permission 

to electronically record his telephone conversations with Ms. Obama, to which I agreed. 

 Due to bad telephone connections Bishop McRae had to call me back three [3] 

times, before we were able to continue our conversation. The telephone interview 

conducted by Bishop McRae was conducted on loud speaker (speaker phone). During 

the interview conversation, one of Ms. Obama’s grandsons’s and myself acted as Swahili 

translators, and as Bishop McRae talked to and questioned Ms. Obama, we would 

translate what Bishop McRae said to Ms. Obama in Swahili, and then we would translate 

her Swahili responses to Bishop McRae in English. Ms. Obama can fluently speak 

Swahili in her native dialect, but cannot read or write. 

 Bishop McRae asked Ms. Obama specifically, “Were you present when your 

grandson Barack Obama was born in Kenya?” This was asked to her in translation twice, 

and both times she specifically replied, “Yes”. It appeared Ms. Obama’s relatives and her 

grandson, handling the translating,, had obviously been versed to counter such facts with 

the purported information from the American news media that Obama was born in 

Hawaii. Despite this, Ms. Sarah Hussein Obama was very adamant that her grandson, 

Senator Barack Hussein Obama, was born in Kenya, and that she was present and 

Case: 08-4340 Document: 00312939195 Page: 3 Date Filed: 12/04/2008
I\Obama\Obama, Affidavit of Rev. Kweli Shuhubia 10 30 2008 3

witnessed his birth in Kenya, not the United States. When Ms. Obama’s grandson 

attempted to counter his grandmother’s clear responses to the question, verifying the birth 

of Senator Obama in Kenya, Bishop McRae asked her grandson, how she could be 

present at Barack Obama’s birth if the Senator was born in Hawaii, but the grandson 

would not answer the question, instead he repeatedly tried to insert that, “No, No, No. He 

was born in the United States!” But during the conversation, Ms. Sarah Hussein Obama 

never changed her reply that she was in deed present when Senator Barack Obama was 

 I left Kisumu City and traveled to Mombosa, Kenya. I interviewed personnel at 

the hospital in which Senator Obama was born in Kenya. I then had meetings with the 

Provincial Civil Registrar. I learned there were records of Ann Dunham giving birth to 

Barack Hussein Obama, III in Mombosa, Kenya on August 4, 1961. I spoke directly with 

an Official, the Principal Registrar, who openly confirmed the birthing records of Senator 

Barack H. Obama, Jr. and his mother were present, however, the file on Barack H. 

Obama, Jr. was classified and profiled. The Official explained Barack Hussein Obama, 

Jr. birth in Kenya is top secret. I was further instructed to go to the Attorney General’s 

Office and to the Minister in Charge of Immigration if I wanted further information 

 The above related facts are true and verifiable to the best of my personal 

knowledge before God Almighty, whose I am and whom I serve. 

born in Kenya. A copy of the Tape transcript is attached hereto as EXHIBIT “1”. 

Case: 08-4340 Document: 00312939195 Page: 4 Date Filed: 12/04/2008
I\Obama\Obama, Affidavit of Rev. Kweli Shuhubia 10 30 2008 4

I declare under the penalty of perjury of the laws of the United States, that the 

foregoing is true and correct. 

 

Dated: October 30, 2008 

 Kweli Shuhubia 

 John 3:30/ 

 Philippians 3:19-21, 29, 30 

Case: 08-4340 Document: 00312939195 Page: 5 Date Filed: 12/04/2008
I\Obama\Obama, Affidavit of Rev. Kweli Shuhubia 10 30 2008 5

EXHIBIT “1” 

Case: 08-4340 Document: 00312939195 Page: 6 Date Filed: 12/04/2008
I\Obama\Obama, Affidavit of Rev. Kweli Shuhubia 10 30 2008 6

Transcript of Phone Conversation 

With Kweli Shuhudia & Sarah Obama 

Thursday, October 16, 2008 

Time: 10:40 a.m. 

NOTATION: Mr. Shuhudia called me first on October 16

th at 10:33a.m. and 

advised that he was with Sarah Hussein Obama and that she wanted to speak with me, but 

the connection was lost. He called me right back at 10:35a.m. and he informed me that 

there were several hundred people present, celebrating Obama’s success. I questioned 

him about the format of the phone call and conversation with Ms. Obama, and then 

informed him that I would call him right back, so it would not cost him international 

charges for the call. I called back at 10:40a.m. and public music and voices could be 

heard that were gathered around Kweli Shuhudia. I then spoke with him and requested 

that they utilize the speaker phone so everyone could hear. The speaker phone with its 

open microphone was utilized with Mr. Kweli Shuhudia, Mr. Vitalis Akech Ogombe 

assisting in the translation work and Ms. Sarah Hussein, along with several hundred 

people including policeman present and listening to the open conversation between the 

four of us for approximately 15 minutes. A third unknown party can be heard periodically 

interjecting both Swahili and English words in the public discussion and conversation 

between the four of us. At times the room noise from other peoples’ voices makes some 

of the swahili difficult to hear, and towards the end of the converstaion several men’s 

voices are heard that are not identified. 

From AT&T Monthly Statement of Calls: 

110 WED 10/15/2008 8:18PM 814-629-5423 BOSWELL PA 1 RM30DT 0.00 0.00 0.00 

111 THU 10/16/2008 10:33AM 254726477700 INCOMING 

CL 1 RM30 DT 0.00 0.00 0.00 

112 THU 10/16/2008 10:35AM 254726477700 INCOMING 

CL 1 RM30 DT 0.00 0.00 0.00 

113 THU 10/16/2008 10:40AM 254726477700 KENYA ** 15 RM30 DT 0.00 12.32 12.32 

114 THU 10/16/2008 10:54AM 610-662-3005 BALACYNWY 

PA 2 ESM1 DT M2MC 0.00 0.00 0.00 

115 THU 10/16/2008 10:56AM 610-825-3134 CONSHOHCK 

PA 10 RM30 DT 0.00 0.00 0.00 

116 THU 10/16/2008 11:17AM 313-418-6959 DETROIT MI 1 RM30 DT 0.00 0.00 0.00 

117 THU 10/16/2008 11:18AM 313-418-6959 DETROIT MI 16 RM30 DT 0.00 0.00 0.00 

118 THU 10/16/2008 11:33AM 254726477700 KENYA ** 2 RM30 DT 0.00 1.76 1.76 

119 THU 10/16/2008 12:37PM 254726477700 KENYA ** 2 RM30 DT 0.00 1.76 1.76 

120 THU 10/16/2008 12:41PM 814-242-9409 VMAIL CL 1 RM30 DTVM 0.00 0.00 0.00 

121 THU 10/16/2008 12:42PM 254726477700 KENYA ** 10 RM30 DT 0.00 8.80 8.80 

Transcript: 

Two Rings: 

Case: 08-4340 Document: 00312939195 Page: 7 Date Filed: 12/04/2008
I\Obama\Obama, Affidavit of Rev. Kweli Shuhubia 10 30 2008 7

Kweli Shuhudia: Hello? [Back ground music] 

Ron McRae: Brother Kweli? [music] Brother Kweli? This is Brother McRae. 

Kweli Shuhudia: Yes. 

Ron McRae: Okay. How are you today? 

Kweli Shuhudia: Now. We are okay. How are you? 

Ron McRae: I’m doing very well. You said you are there with, uh, Barack Obama’s 

grandmother? 

Kweli Shuhudia: Yes. I am just in the home now. She is right here. We’re, we’re waiting 

to talk in a uh long conversation. And [unitelligible] a good family and she is ready to 

talk. 

Ron McRae: Good. She’s not there at the present? 

Kweli Shuhudia: Yes. She’s here right now. 

Ron McRae: Okay. Is it possible to speak to her? 

Kweli Shuhudia: Yes. It is possible. I ah, along with her and her family, uh, you and me. 

Ron McRae: Uh, is it possible for you to put her on the speaker phone and translate for 

me? 

Kweli Shuhudia: Yes! Yes! I will do that. 

Ron McRae: Okay. 

Kweli Shuhudia: Yes? 

Ron McRae: Okay. 

Kweli Shuhudia: Yes. Go ahead [he then speaks to her in Swahili] 

Sarah Obama: [Replies to him in Swahili] 

Ron McRae: Ms. Obama? 

Kweli Shuhudia: Yes go ahead. 

Ron McRae: Mrs. Obama, my name is bishop Ron McRae. 

Kweli Shuhudia: Ametaja bishop Ron McRae, Ron McRae. Go ahead. 

Ron McRae: I am, I am the bishop of the Anabaptists Churches of North America. 

Kweli Shuhudia: Yeye niaskofu Anabaptists makaisa. 

Sarah Obama: Shikamooo! [Hello, good day]. 

Mr. Ogombe: Are you speaking English and , and we will tell her in Luo. Okay? 

Ron McRae: Now give me that again. Explain it to me again. 

Case: 08-4340 Document: 00312939195 Page: 8 Date Filed: 12/04/2008
I\Obama\Obama, Affidavit of Rev. Kweli Shuhubia 10 30 2008 8

Ogombe: It is welcome. She is very grateful for your interest. 

Ron McRae: Okay. Thank you! Tell her I count it a great honor to speak to here since her 

son Barack Obama is running for President of the United States. 

Ogombe: Eh makasema yuko kiuu mgomba Obama kwa mwenyekiti America. Yah, she 

says she is very helpful for got to you to please pray for Obama. She is asking you to pray 

for him. For Obama. 

Ron McRae: Yes Sir. Uh...Ms. Obama, you can rest assured that I am praying for your 

son, for your grandson. 

Ogombe: Yes. It is helpful also towards it is beginning to help. 

Ron McRae: Okay. 

Sarah Obama: [unitelligible from Ms. Obama because of room noise]. 

Ogombe: She says she is covet your prayers for he [unintelligible] her son. 

Ron McRae: Okay. And tell her that I will be coming there in December and I would like 

to come by and meet with her and pray with her. 

Ogombe: Yes. Ye atakuwa mwezi Desemba. 

Kweli Shuhudia: In December. He will come in December and he wants to come and talk 

with you. 

Sarah Obama: [unitelligible] 

Ogombe: Oh she says you’re so encourage her. Your coming in December so you can 

talk together with her. 

Ron McRae: Amen. I am so thankful. Could I ask her, uh, about his, uh, his actual 

birthplace? I would like to see hi actual birthplace when I, when I come to Kenya in 

December. Uh, was she present when he was, was she present when he was born in 

Kenya? 

Ogombe to Sarah Obama: Alikuma zalima Obama [unintelligible]. 

Kweli Shuhudia: He is asking her, he wants to know something was ah she present when 

he was born? 

Ogombe: Yes. She says, “Yes she was! She was present when Obama was born.” 

Ron McRae: Okay. 

Case: 08-4340 Document: 00312939195 Page: 9 Date Filed: 12/04/2008
EXHIBIT “C” 

Case: 08-4340 Document: 00312939196 Page: 1 Date Filed: 12/04/2008
g{x et|ÇuÉã Xw|à|ÉÇ

November 2004 Volume 2, Issue 3 Education Laboratory School

Headline News Pages 1-2 Lab School News Pages 3-7

Sports Page 10

Miscellaneous Pages 14-15 Editorial Page 16

 Charter Schools Top Public Schools on

 Statewide Exams

By KU`ULEI BABA

Charter schools are defined as, “...public schools that have their own school boards and operate under a

charter, or contract, with the state giving them more autonomy over their affairs, they are also designed to provide

alternatives to the regular public schools.”o But as many of us know, a charter school is so much more than that. It is

also about the quality of education you receive while attending a charter school. Here at the Lab School, we are often

unaware of the high quality curriculum, teachers and education that we are exposed to. The Hawaii State Assessment

test, however, proves to our state that the Education Lab School scores higher then regular public schools because of a

different approach to education.

The test scores for the 2004 Hawaii State Assessment and the SAT-9 were made known to the Board of

Education (BOE) and included data from the 3rd, 5th, 8th, and 10th graders tests from charter schools (refer to charts).

These scores included all charter schools, which make up only 2% of all schools in Hawaii. On the SAT’s (Stanford

Achievement Test), many charter school students scored “above average” for each grade level

The third graders of charter schools scored well compared to the public school students. 56 percent of charter

school students scored remarkably well in reading compared to the 47 percent in reading for public schools. Third

graders of charter schools scored 36 percent in math, compared to 27 percent for public schools.

Fifth graders of charter schools excelled as well. They scored 64 percent in reading, compared to 50 percent

for public schools. But the scores for both charter and public schools were almost identical when it came to math, as

there were 24 percent for charter schools and 23 percent for public schools.

Charter schools tenth graders outscored public schools tenth graders with the highest differential. 59 percent

for charter schools in reading compared well to the 40 percent in regular public schools. While math was the same

story, as 27 percent for charter schools and 19 percent in public schools.

At the national level, charter schools faired quite low compared to public schools. A recent comment made by

U.S. Education Secretary Rod Paige suggested that the results of the national average were flawed. How the results or

the research done to achieve the results were flawed, he did not specify. In large part, the No Child Left Behind Act

counteracts the poor results, therefore holding teachers, administrators and faculty accountable. The Education Lab

School is also bound to this law and must adhere to the strict rules and guideline concerning certain issues involving

students and curriculum. Many of the teachers here feel that the positive results of the tests taken by Lab School

Page 11 Letters to the Editor Pages 12-13

continued on page 14

Crossfire

Entertainment Pages 8-9

Case: 08-4340 Document: 00312939196 Page: 2 Date Filed: 12/04/2008
[xtwÄ|Çx axãá 2

Barack Obama was born on August 4,

1961 at the Queen’s Medical Center in

Honolulu, Hawaii. Obama lived here with his

parents Barack Obama, Sr. and Ann Dunham

until they divorced when he was two. Obama

moved back to Hawaii when he was ten and

lived with his grandmother Madelyn Dunham

and half-sister of our very own, Maya Soetoro.

They both attended Punahou School together

when they both lived here.

Ms. Soetoro explained, “He’s my

brother. We share the same mother, though our

fathers are different. His father was Barack

Obama Sr., a Kenyan economist who met our

mother at the East West Center. My father was

our mother’s second husband after she divorced

Obama. Soetoro was from Indonesia and in the

late 1960s the family moved to the island of

Java where I was born.”

Ms. Soetoro also added, “In many ways

our relationship was like that of any brother and

sister. I irritated him by standing in front of the

TV when he was trying to watch a basketball

game. We hugged and bickered in equal

measure. But since Barack is nine years older

than I am and my mother and father divorced

when I was nine years old, at some point he

became my mentor and guide. He gave me a lot

of the advice and council that a father would

give. He showed me life’s treasures and helped

me to make fewer mistakes as I was growing up.”

Obama first graduated from Columbia University with a degree in political science and

a specialty in international relations. He then attended Harvard Law

School and graduated magna cum laude, and he was the first AfricanAmerican to be president of the Harvard Law Review.

Besides his impressive educational background, Obama has also

been a great community leader in Chicago. After graduating from

Columbia, he became a community organizer in Chicago’s toughest

neighborhoods. He assisted church groups to form job-training

programs, he helped improve school areas, and improved city services.

After graduating from Harvard, he became a civil rights lawyer in

federal and state courts, focusing on voting rights and employment

discrimination cases.

Obama, a Democrat, is now the Senator of Illinois’ 13th Senate

District on Chicago’s South side. During his campaign for U.S. Senator

of Illinois, he defeated his Democratic rival in the primary, Blair Hull.

His Republican opponent, Jack Ryan was forced to dropout of the race

after Republican leaders questioned his integrity.

By BENNETT GUIRA

continued on page 15

The families of Ms. Soetoro and Senator Obama

 dinning together after his recent election win

Photos courtesy of Ms. Soetoro

“He showed me life’s treasures and

helped me to make fewer mistakes

as I was growing up” -Ms. Soetoro

A New Face in Politics

Case: 08-4340 Document: 00312939196 Page: 3 Date Filed: 12/04/2008
continued from page 2

`|ávxÄÄtÇxÉâá

Mike Ditka, former NFL Coach, was going to be the new Republican candidate but he decided not to join because of

family and business reasons. Alan Keyes, from Maryland, was nominated by Illinois Republican Chairwoman, Judy

Baar Topinka. It looked like Obama was guaranteed a win because of his growing popularity around the state of

Chicago. In the end, Obama won almost seventy percent of the vote.

Ms. Soetoro was there when Obama gave his winning speech. She said, “It was intense. The crowd roared,

leaped, shouted,sounds spiraling. Barack deals with that on a regular basis but it was strange for the rest of us to be on

stage and to get a taste of what he experiences on a routine basis. Barack is quite a superstar in Chicago and I was

happy to see so many young people (teens and even younger) ask for his autograph, giggling with excitement in his

presence. I haven’t witnessed that kind of enthusiasm about a politician (or that kind of engagement with politics)

from teenagersin a long time (perhaps never).”o

Obama is very well-liked and respected much throughout our nation because of all his accoplishments that he

has. This past year, he became the third African-American to give the keynote address at the Democratic National

Convention. After winning his race, Obama became only the fifth African-American Senator in our nation’s history.

Right now, Obama is also a law professor at the University of Chicago.

On her brother becoming the Senator, Ms. Soetoro commented, “I feel immensely proud, of course.o He’s a

deeply intelligent and thoughtful man and I’m certain that he’ll do a great job in the senate. As you know, I have a new

daughter, and Im grateful that he’ll be among the lawmakers whoare deciding matters of great weight and consequence

for my daughter’s future.”

Obama first became involved with politics when he was voted onto the Illinois State Senate in 1996. During

his time, he helped to provide the poor with benefits andpassed bills for increased funding for AIDS programs. In

2000, he ran in the Democratic primary for Illiois’ 1st Congressinoal district but he lost to the incumbent

Repersentative Bobby Rush.

“The irony is that my decision to work in politics, and to pursue such a career in a big Mainland city, in some

sense grows out of my Hawaiian upbringing, and the ideal that Hawaii still represents in my mind,”o said Obama.

Obama is gaining more and more support across the country and it is believed that he could run for president

as soon as 2008. He is a very passionate speaker whoe the people can relate to.

Ms. Soetoro said, “He and his family occupy an enormous place in my heart. Especially since our mother

died, he has been a close friend and confidant. He is a constantsource of unconditional love.”

Remembering their chilhood, Ms Soetoro told me, “He has always been both practical and romantic about

life. He has alwaysbeen gregarious and fun loving but at the same time introspective and thoughtful. He has always

loves to read and write and has always loved sports. He has always been both generous and competetive. He has

always had a bossy streak but he knows how to listen too. He is complex but his needs are simple. He has always

been a part of many worlds and cultures.”

As you can see by Obama’s numerous accomplishments and his loving relationship with his sister, he is very

qualified to be the Senator of Illinois. Since he was born is Hawaii, it shows that any of us can become anything we

want to be. We can follow Obama’s example of working hard and striving for what we believe in, and one day we

could make a difference like he has.

“I truly believe that there is another tradition in this country that says we’re all connected somehow,” states

Obama.

winning it’s fifth ILH title in a row, the score at 5-4. “ After we lost, the feeling was the exact opposite of what we felt

when we beat Punahou,” spoke Kelly Noecker in an interview. We also asked how they felt after the big game and he

said, “ We were so close, but then we noticed we could play with Punahou, so next year we intend to practice much

harder.”

The heavy rain didn’t help the teams’ pool down at Mid-Pac, where water rose to stomach-high levels and the

whole athletic department was in deep waters. The pool was muddy and thrashed by the heavy stream of waters

flooding down the football field, through the pool and past the locker rooms. Even through thick and thin, the Pac-5

water polo team managed to give us one of the most exciting water polo seasons yet.

continued from page 10

15

Case: 08-4340 Document: 00312939196 Page: 4 Date Filed: 12/04/2008
EXHIBIT “D” 

Case: 08-4340 Document: 00312939197 Page: 1 Date Filed: 12/04/2008
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Cayel Asselbaye, 2, held a Barack Obama poster yesterday

during the Obama Ohana Potluck and Beach Canvass rally held

at Kapiolani Park. 

Obama backers stress

importance of caucuses

By Laurie Au

lau@starbulletin.com

Supporters of U.S. Sen. Barack Obama's campaign for

president urged hundreds who gathered yesterday to vote in

tomorrow's Democratic caucuses, saying Hawaii could make a

difference in a year when the race for the party's nomination is

so tight. 

During a picnic at Kapiolani Park, family members, local

celebrities and political allies of Hawaii-born Obama reiterated

his messages of change and hope in an effort to secure more

votes. In the latest national estimate, Obama leads U.S. Sen.

Hillary Clinton by 62 delegates. 

At stake in Hawaii's caucuses are 20 delegates whose

commitment will be determined by tomorrow's vote. 

"This is the first year that Hawaii is going to really count," said

Kelly Hu, an actress from Hawaii who has been campaigning

for Obama this weekend. "I'm glad people are getting excited

about politics here in Hawaii. Sometimes we feel so isolated

out in the middle of the Pacific that we don't even feel like a

part of the process." 

An additional nine Hawaii delegates are so-called

superdelegates who can vote for whom they choose. 

Obama supporters emphasized the importance in voting and

told picnic-goers not to take the caucuses for granted or assume

that Hawaii's votes will go automatically to Obama. 

U.S. Rep. Neil Abercrombie invoked many of Obama's

Case: 08-4340 Document: 00312939197 Page: 2 Date Filed: 12/04/2008
Classifieds

Autos

Island Homes

Jobs

Government Secti

on

Bidding

Advantage

Advertise

messages, calling this race a "movement" instead of a

campaign and chanting, "Yes, we can." 

"This year, Obama and Hawaii are going to define the

presidential campaign in the United States," Abercrombie said.

"At the end of the night, let's have the most overwhelming vote

for Barack Obama that any state has ever seen." 

Obama's half sister, Maya Soetoro-Ng, who has been

campaigning aggressively in Hawaii and on the mainland,

shared stories of her older brother's childhood as a way to

connect to local voters. 

"This is a place that's been relatively unchanged for him, and so

much of who he is was born here," Soetoro-Ng told a crowd of

about 200 people eating "OBAMAsadas." 

"He was born in Kapiolani Medical Center for Women &

Children, two blocks up from where our grandmother still

resides ... the place where he used to stick orange peels under

his bed, where it got all dried out and ... nasty." 

Many voters, some of them first-time caucus-goers, said there

were inspired by the rally and optimistic because of Obama's

success in recent state caucuses. 

"I think it's very exciting that this is probably the first time in

my life my vote will count," said Jeanne Johnston, 68, of

Kailua. 

Others were not as confident given that many prominent state

leaders, including U.S. Sen. Daniel Inouye, had endorsed

Clinton. 

"I'm nervous," said Kristin Chiboucas, of Aina Haina. "It's so

close. The state government here is so pro-Clinton, and they

may have some sway over the state. Every vote matters."

Case: 08-4340 Document: 00312939197 Page: 3 Date Filed: 12/04/2008
EXHIBIT “E” 

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Case: 08-4340 Document: 00312939198 Page: 2 Date Filed: 12/04/2008
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