Theresa Cao New Motion To Dismiss - Superior Court of The District of Columbia

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) Case No. 2011 CMD 1048
vs. )
Theresa S. Cao, )
Alleged Defendant, Sui Juris. )
MOTION TO DISMISS
COMES NOW, by special appearance, without accepting the jurisdiction of this Court, alleged
Defendant, Theresa S. Cao, a living, breathing, flesh and blood, sovereign woman on the land,
an American Citizen and District of Columbia Citizen, with and claiming all her inherent,
unlimited, unalienable Constitutionally guaranteed Rights, secured for her by the federal and
state Constitutions, with her name properly spelled only in upper and lower case letters, and who
hereby respectfully moves this Honorable Court to dismiss the captioned case on the following
lawfully based grounds: [Reference # 1 to # 4 below and following Exhibits Listed, A to Z,
ONE to TWENTY-FNE I Addendum Exhibits Listed, TWENTY-SIX to THIRTY-SEVEN)
In addition, I'm fIling this motion unrepresented by this court appointed attorney, Attorney April
L. Downs, as she has not upheld her Constitutional oath to assist me with my case. Counsel of
record withheld from me vital infonnation pertinent to my defense and based on the following
reasons: I specifically asked Attorney Downs to research infonnation, on liberal activists, Code
Pink, which I requested since March 15,2011 [and additionally note the first Motion to Dismiss
dated March 14, 2011, timeline of my first request on this documentationJ and she has since not
obtained the "case law" outcome of these cases.
Second, I asked that Attorney Downs research relevant infonnation and documentation
and outcome of the case related to the Rep. Joe Wilson, who on Sept. 9, 2009 made the
outburst "You Lie!" during Mr. Barack Hussein Obama's Obamacare speech [referring to
the so-called President, who has never been properly vetted by Congress, according to the
Constitutional requirements in Article IT, Section 1, as well as other relevant documentation
including Emmerich de Vattel, Law of Nations; see All Exhibits Listed] in the Joint Session at
the House of Representatives, on Capitol Hill.
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I hereby dismiss Attorney April L. Downs as my Public Defender, for a second and final time.
WHEREFORE, alleged Defendant respectfully moves this Honorable Court to grant the request
for a new appointed Public Defender, who will assist me in my defense, as I am guaranteed the
right of counsel, as affirmed in the 6th Amendment, the Bill of Rights, of the Constitution of the
U.S.
1. Amendment I [The First Amendment] of the Bill of Rights, of the Constitution of the U.S.A,
declares “Congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the
people peaceably to assemble, and to petition the Government for a redress of grievances.”
I committed no crime, since I was simply exercising my right of free speech and to petition the
Government for a redress of grievances.
My “intent” in attending the historical first-time reading of the Constitution of the U.S., in the
U.S. House of Representatives, House Floor, was to witness the newly installed 112 th Congress,
as of January 5, 2011, to commence to uphold and defend the Constitution of the U.S., as the
New Speaker of the House, John Boehner, and Members of Congress, affirmed in there sworn
“Oath of Office”. [Reference: Exhibits J, L]
In addition, the Express, a publication of the Washington Post, dated 12.30.2010, story headline:
“GOP‟s New S.O.P. [Standard Operating Procedure] As they take charge of the House,
Republicans plan to put a new focus on the Constitution” cites Incoming Speaker of the House
John Boehner: “We always hear members of Congress talking about swearing an oath to
represent their constituents when in reality the only oath we take is to the Constitution.” Adding,
“We pledge „to support and defend the Constitution of the United States.‟ No more, no less.”
[Reference: Exhibit K]
I arrived at the U.S. Capitol House Gallery, ~10:30am, with the reading of the Constitution of the
U.S. commencing ~11am. The people in the House Gallery, including myself, were asked to
leave, after the initial round of seating sequence, so as to permit other people to have their turn in
the Gallery; we were also informed that we could line up once again and return to the House
Gallery. I returned to the House Gallery for a second time, but do not recall the time frame; I
believe the Congressmen were reading ~ the latter portion of Article I, of the Constitution of the
U.S. Hence, I did not know that I was going to be present at the reading of Article II, Section 1,
of the Constitution of the U.S.
Because Commander Fitzpatrick‟s complaint naming Obama in Commission of the Crime of

Treason, on March 17, 2009, remains unanswered, [and currently continues to be unanswered on
this second year anniversary, as of March 17, 2011] I was forced to act. Mr. Obama admits his
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Treason by way of his silence; silence is agreement. Colonel Lakin was forced to act for the
same reason. Mr. Obama tacitly admits his Treason.
Obama‟s success to install the military police to replace civilian policemen is ongoing, and is an
act of Treason.
I‟ve been forced to act through the failure of all law enforcement officials and all other
government officials in positions of authority, including the entire Congress, all the Supreme
Court Justices and all Executive Branch Officials of the U.S. Government and all U.S. Military
high ranking Generals and their Military officers, who failed to defend and uphold the
Constitution of the U.S., specifically, Article II, Section 1, the Natural Born Citizen clause. This
is the reason I stand before the court today.
I spoke on the spur of the moment and as my “duty” as a Sovereign American Citizen, with all
unalienable, God-given protected rights [according to the framers of the Constitution of the
United States and all relevant founding documents utilized by the framers of the Constitution, as
presented in my all Exhibits/Evidence Listed] to defend God, Country and the Constitution of the
United States, against all enemies foreign and domestic.
My “intent” was not to “disrupt”, but rather to publicly announce, per my “duty” as a Sovereign
American Citizen, Obama‟s Treason as well as the Treason committed against all American
Citizens by the entire Legislative Branch, Judicial Branch, Executive Branch and Military
Branch of the United States Government, on January 6, 2011. Had this question been reconciled
on March 17, 2009, over two years ago, neither myself nor Colonel Lakin, would have been
forced to act. [Exhibit V, W, X, Y, Z, Exhibit ONE, TWO]
Reference Exhibits THIRTY to THIRTY-SIX: [Copies of “Legal Case Outline for Theresa
Cao”, New Additional Motion to Dismiss, 8-pages dated 04.08.2011, Hand-Delivered one copy
to Mr. Donald Trump & c/o Mr. Michael Cohen, Exec. VP, Special Counsel / Hand-Delivered
one copy Rep. Carl Seel of Arizona and one copy to Jeff Lichter of Arizona and witnessed by
Kelly Townsend of Arizona, the three Arizona Delegates who personally met with Mr. Donald
Trump and Mr. Michael Cohen on 04.08.2011]
2. Amendment IV [The Fourth Amendment] of the Bill of Rights, of the Constitution of the
U.S.A., declares “The right of people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but
upon probable cause, supported by oath of affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.”
Further, no one allegedly injured by my alleged actions made a written complaint against me;
therefore, I was unlawfully arrested, which is a violation of the Fourth Amendment.
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3. Amendment V [The Fifth Amendment] of the Bill of Rights, of the Constitution of the U.S.A.,
declares, “No person shall be held to answer for a capital, or otherwise infamous crime, unless
on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces,
or in the militia, when in actual service in time of war or public danger; nor shall any person be
subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in
any criminal case to be a witness against himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be taken for public use, without just
compensation.”
The arrest deprived me of due process rights secured in the Fifth Amendment, since I was
deprived of my liberty without Constitutionally compliant due process of law.
4. Amendment VI [The Sixth Amendment] of the Bill of Rights, of the Constitution of the
U.S.A., declares, “In all criminal prosecutions, the accused shall enjoy the right to a speedy trial,
by an impartial jury of the state and district wherein the crime shall have been committed, which
district shall have been previously ascertained by law, and to be informed of the nature and cause
of the accusation; to be confronted with witnesses against him; to have compulsory process for
obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”
Still further, I have the Sixth Amendment right to confront my accuser, but since there is no
accuser, since no complaint was filed against me, these charges are bogus and fraudulent, and do
not meet Constitutional mandates, thus, must be dismissed.
The Sixth Amendment also guarantees my right to know the nature and cause of the accusations
alleged against me. Again, since no valid complaint was filed by an alleged injured party, I was
deprived of this right also, and was denied the right to face my accuser. Since there is no lawful
accuser, I cannot face a fictitious accuser, thus again, the charges alleged are bogus and
fraudulent.
In summary, and I declare, on the court record, for a second time, I spoke on the spur of the
moment and as my “duty” as a Sovereign American Citizen, with all unalienable, God-given
protected rights [according to the framers of the Constitution of the United States and all relevant
founding documents utilized by the framers of the Constitution, as presented in my all
Exhibits/Evidence Listed] to defend God, Country and the Constitution of the United States,
against all enemies foreign and domestic.
My “intent” was not to “disrupt”, but rather to publicly announce, per my “duty” as a Sovereign
American Citizen, Obama‟s Treason as well as the Treason committed against all American
Citizens by the entire Legislative Branch, Judicial Branch, Executive Branch and Military
Branch of the United States Government, on January 6, 2011. Had this question been reconciled
on March 17, 2009, over two years ago, neither myself nor Colonel Lakin, would have been
forced to act. [Exhibit V, W, X, Y, Z, Exhibit ONE, TWO]
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Reference Exhibits THIRTY to THIRTY-SIX: [Copies of “Legal Case Outline for Theresa
Cao”, New Additional Motion to Dismiss, 8-pages dated 04.08.2011, Hand-Delivered one copy
to Mr. Donald Trump & c/o Mr. Michael Cohen, Exec. VP, Special Counsel / Hand-Delivered
one copy Rep. Carl Seel of Arizona and one copy to Jeff Lichter of Arizona and witnessed by
Kelly Townsend of Arizona, the three Arizona Delegates who personally met with Mr. Donald
Trump and Mr. Michael Cohen on 04.08.2011]
I am guaranteed all rights of the Magna Carta, the Law of Nations [Emmerich de Vattel], the
Declaration of Independence, the Constitution of the U.S., as affirmed in all the Amendments of
the Bill of Rights.
Reference: Exhibits A to Z, Exhibits ONE to TWENTY-FIVE.
Exhibit A. [Copies of my Mini-Hardcopy Book References: Declaration of Independence, circa

1776 / Constitution of the U.S.A., circa 1787 / Bill of Rights, circa 1789, specifically
Amendment I – Amendment X aka. First Amendment – Tenth Amendment / Copyright, National
Archives Museum, Washington, D.C.]
Exhibit B. [Copies and Transcripts of my Book References: Bill of Rights from Exhibit A,
“James Madison proposes the Bill of Rights to the House of Representatives”, circa June 8,
1789]
Exhibit C. [The Charters of Freedom: Authentic Reproductions on Antiqued Parchment: The

Declaration of Independence, circa 1776 / Constitution of the U.S.A., circa 1787 / Bill of Rights,
circa 1789, specifically Amendment I – Amendment X aka. First Amendment – Tenth
Amendment / Copyright, National Archives Experience, National Archives Museum,
Washington, D.C.]
Exhibit D. [Copy of the Visitor‟s Guide: National Archives Experience / Rotunda for the
Charters for Freedom: “The Declaration of Independence”, circa, 1776, The “Constitution of the
United States”, circa 1787, “The Bill of Rights”, circa 1789, “Magna Carta”, circa 1297]: View
one of the most important documents in the history of democracy. In 1215, when King John
confirmed Magna Carta with his seal, he was acknowledging the now firmly embedded concept
that no man – not even king – is above the law. The charter established important individual
rights that have a direct legacy in the American “Bill of Rights.”]
Exhibit E. [“The Magna Carta”: Sotheby‟s New York, December 18, 2007 / circa 1297 /
National Archives Museum, Washington, D.C.]
Exhibit F. [Copy of the pocket-sized, Constitution of the United States and the Declaration of
Independence, by the United States Senate, 111th Congress, 1st Session, July 29, 2009 / These
booklets are available for staffers and constituents in the Senate Office Buildings]
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Exhibit G. [Copy of “Law of Nations” circa 1759, 1787, 1792, etal. Vattel, Emer de / 31-
Library of Congress Online Catalog Listing / Book 1, Chapter XIX, Sec.212: The natives, or
Natural-Born Citizens, are those born in the country, of parents who are citizens…The country of
the fathers is therefore that of the children; and these become true citizens merely by their tacit
consent.]
Exhibit H. [Copies of “Law of Nations”, Vattel, Emer de / from various sources noted in
Library of Congress Book Requests, dated March 11, 2011 / Book 1, Chapter XIX, Sec.212: The
natives, or Natural-Born Citizens, are those born in the country, of parents who are
citizens…The country of the fathers is therefore that of the children; and these become true
citizens merely by their tacit consent.]
Exhibit I. [1-page Document/Article “But „Natural Born‟ is not defined in the Constitution?
Yes it is!” dated December 13-15, 2010 by Ltc. Eldon Bell, Retired Military Doctor/Officer of
the Armed Forces of the United States of America states: The Constitution and Emmerich De
Vattel‟s LAW OF NATIONS has the answer to any questions regarding citizenship abroad and
any laws crossing national boundaries: Excerpt 1: Constitution of the U.S., Article II, Sec. 1 &
Excerpt 2: De Vattel‟s LAW OF NATIONS, circa 1758 Book 1, Chapter XIX, Sec.212]
Exhibit J. [Original, The Washington Post, dated January 7, 2011, story headline: “„TO FORM A
MORE PERFECT UNION,‟ BUT READING SPARKS SOME DIVISION”; „We the People,‟
the abridged version: New Speaker John A. Boehner led more than 130 fellow lawmakers in a
recitation of a slightly shortened edition of the Constitution on Thursday. A few passages and
their readers: FIRST AMENDMENT, GABRIELLE GIFFORDS [D-Ariz.], as noted in #1]
Exhibit K. [Copy of the Express, a publication of the Washington Post, dated 12.30 2010, story
headline: “GOP‟s New S.O.P. As they take charge of the House, Republicans plan to put a new
focus on the Constitution” cites Incoming Speaker of the House John Boehner: “We always hear
members of Congress talking about swearing an oath to represent their constituents when in
reality the only oath we take is to the Constitution.” Adding, “We pledge „to support and defend
the Constitution of the United States.‟ No more, no less.”
Exhibit L. [Reference: youtube.com Videos from Swearing in Ceremony & Commencement of

112th Congress, on January 5, 2011 and the Reading of the Constitution of the U.S.A., at the U.S.
Capitol on January 6, 2011 / Reference: Oath of Office, Exhibit N]
Exhibit M. [Reference: youtube.com: cspan.com “Birther Arrested during House Reading of the
Constitution” – 1/6/2011 / youtube.com: birtherreportdotcom, 1/6/2011 / etal.]
Exhibit N. [Document/Article: “How Will Turmoil in the Middle East be resolved?” dated
February 6, 2011 by Major General Paul E. Vallely / thepostemail.com / “The Oath is Simple
and Reads: “I DO SOLEMNLY SWEAR THAT I WILL SUPPORT AND DEFEND THE
CONSTITUTION OF THE UNITED STATES AGAINST ALL ENEMIES, FOREIGN AND
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DOMESTIC, THAT I WILL BEAR TRUE FAITH AND ALLEGIANCE TO THE SAME,
THAT I TAKE THIS OBLIGATION FREELY WITHOUT MENTAL RESERVATION OR
PURPOSE OF EVASION, AND THAT I WILL FAITHFULLY DISCHARGE THE DUTIES
OF THE OFFICE ON WHICH I AM ABOUT TO ENTER: SO HELP ME GOD.””
Exhibit O. [Website Reference: citizensoftheconstitution.com / Margy and Jack Flynn]
Exhibit P. [Website/Book Reference: “Sui Juris: The Truth in Record, A Process for the People
to Access the Courts by Pamela & Will Gaston / avoiceforchildren.com]
Exhibit Q. [Document: “Supreme Court Oath Taking Procedures”, Supreme Court / Office of
the Curator / Public Information Office / Updated: 07.23.2009 / SCOTUS / Washington, D.C.
20543 / 202.479.3211]
Exhibit R. [Article: “Supreme Court: A to Z” / American Government A to Z Series / Fourth

Edition / Kenneth Jost / CQ Press / pp. 310 / Specifies both “Constitutional” and “Judiciary Act
of 1789” Oaths of Office]
Exhibit S. [Sworn “Oath of Office” of POTUS / President of the United States / Congressional
Members / Supreme Court Justices / To be Obtained from Library of Congress]
Exhibit T. [Article/Official Statement: from Paul E. Vallely, MG, US Army [Ret.], Chairman –
Stand Up America, dated March 13, 2011, for Theresa S. Cao]
Exhibit U. [Document/Article: The “Battle for Our America” Series – Part One dated March 10,
2011 by Paul E. Vallely, MG, US Army [Ret.], Chairman – Stand Up America /
standupamericaus.com]
Exhibit V. [Document/Article: “Two-Year-Old Treason Complaint against Obama has Never

Been Answered: It‟s Going to Take Large Numbers of People”, dated March 11, 2011 /
thepostemail.com / Reference: LCDR Walter Francis Fitzpatrick III, United States Navy Retired
/ thejaghunter.wordpress.com]
Exhibit W. [Document/Article: “Treason: Two-years and Counting, 3.318 Unanswered Criminal

Complaints Naming Obama in Commission of Treason! What Are You Prepared to Do?” /
thepostemail.com / thejaghunter.wordpress.com / Reference: Exhibit Above.]
Exhibit X. [Document/Article: “Criminal Allegations Regarding the Commission of Treason,

dated March 17, 2009 / thejaghunter.wordpress.com / LCDR Walter Fitzpatrick, III, United
States Navy Retired]
Exhibit Y. [Document/Article: “Treason is Destroying America…As Obama Always Intended!”

dated February 25, 2011 / thejaghunter.wordpress.com / LCDR Walter Fitzpatrick, III, United
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Exhibit Z. [Document/Article: “Has Monroe County Admitted to Violating the Law?: The Judge
Can Pick the Foreperson from Wherever They Choose” dated February 25, 2011 /
thepostemail.com / thejaghunter.wordpress.com]
Exhibit ONE. [Document/Article: “Our Grand Juries Have Been Taken Away: So Let‟s Take
Them Back” dated January 23, 2011 / thepostemail.com / thejaghunter.wordpress.com / LCDR
Walter Fitzpatrick, III, United States Navy Retired]
Exhibit TWO. [Document/Article: “Operation American Freedom” dated October 14, 2009 /
thejaghunter.wordpress.com / LCDR Walter Fitzpatrick, III, United States Navy Retired]
Exhibit THREE. [Document/Article: “Since When is Treason a “Diversion?: Entrenched

Politicians Ignore and Commit Treason Against the U.S. Constitution”” dated March 11, 2011 by
Neil Turner / thepostemail.com]
Exhibit FOUR. [Copy Nuremberg Defense: Principle IV / Safeguard Our Constitution,

SafeguardOurConstitution.com / “The Case Against Ltc. Lakin” states: Since the Nuremberg
trials after World War II, the Principles espoused at Nuremberg disallowed military officers from
using the defense of “following orders.”* From 1946 onward, military officers had a positive
duty to establish the lawfulness of their orders and are informed of their “duty to disobey.”
*Principle IV]
Exhibit FIVE. [2-page Document/Article: “Shariah Law vs. the Constitution”, dated March 3,
2011 from “Shariah: The Threat to America” or free download at shariahthethreat.com]
Exhibit SIX. [Copy from Headline story from American Thinker / hillbuzz.org / Pamela Geller
of atlasshrugs.com who broke the story on FEB 20, 2011, entitled: “AMERICAN BAR
ASSOCIATION IS FIGHTING FOR SHARIA LAW IN THE U.S.”
Exhibit SEVEN. [Copy of Headline story from Daily Mail Reporter, dated February 20, 2011,
entitled: “EXTREMIST CLERIC TO LEAD WHITE HOUSE PROTEST CALLING FOR
MUSLIMS TO „RISE UP AND ESTABLISH ISLAMIC STATE IN AMERICA‟, British
extremist Anjem Choudary – who once said „the flag of Islam will fly over the White House‟ –
has announced he will lead a demonstration calling on Muslims to establish Shariah law across
America”]
Exhibit EIGHT. [Article Headline story by Michael Carl dated March 5, 2011 /
worldnetdaily.com / Related to Exhibit SEVEN / Quotes from Pastor Terry Jones and Frank
Gaffney indicating Shariah Law vs. Constitutional U.S. and the threat of Shariah Law to
America‟s Republic.
Exhibit NINE. [Copy of Headline story from citizenwarrior.com, dated February 2011, entitled:
“SHARIAH FINANCE WATCH HAS LIST OF SHARIAH COMPLIANT BANKS”,
According to Shariah Finance Watch…there are two reasons to boycott such banks: First of all,
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Sharia compliant banks are required to donate two percent of their profits to Muslim “charities,”
which are often jihad-related groups, because of course, jihad is an inextricable part of Islamic
doctrine. Secondly, the widespread existence of such policies at banks ostensibly legitimizes
Sharia law – a backward, misogynistic, intolerant, totalitarian form of law that has no place in
the modern world.]
Exhibit TEN. [Copy of Headline story from worldnetdaily.com, dated December 2008]
“SHARIAH FINANCE 101 TAUGHT AT THE TREASURY DEPARTMENT”
Exhibit ELEVEN: [Article “Peter King to Proceed with Muslim Radicalization Hearings” dated
March 6, 2011 / centrepointnews.com / dailymail.co.uk]
Exhibit TWELVE. [Copy of Headline story from worldnetdaily.com, dated November 8, 2010,
“CONGRESS REPORT CONCEDES OBAMA ELIGIBILITY UNVETTED: „THERE IS NO
SPECIFIC FEDERAL AGENCY‟ TO REVIEW CANDIDATES FOR FEDERAL OFFICE”]
Exhibit THIRTEEN. [Copy of Headline story from worldnetdaily.com, dated December 29,
2010, “„WE NO LONGER HAVE A REPUBLIC SUBSERVIENT TO CONSTITUTION‟,
OFFICER: LAKIN CASE IS END OF „RULE OF LAW‟ / See full Post & Email interview]
Exhibit FOURTEEN. [Copy of Headline story from worldnetdaily.com, dated December 20,
2010, “ARMY „BIRTHER‟ JAILED AT LEAVENWORTH: SUPPORTERS RALLY
AROUND DOCTOR WHO CHALLENGED OBAMA‟S ELIGIBILITY”]
Exhibit FIFTEEN. [Copy of Headline story from worldnetdaily.com, dated December 16, 2010,
“LAKIN SENTENCED: DISMISSAL, 6 MONTHS, DOUBTS ABOUT OBAMA‟S
INELIGIBILITY NO EXCUSE FOR DISOBEYING ORDER”]
Exhibit SIXTEEN. [Copy of Headline story from worldnetdaily.com, dated December 11, 2010,
“MCINERNEY: CONGRESS WILL REVIEW LAKIN CASE, 3-STAR GENERAL WARNS:
PHYSICIAN „IS NOT GOING TO GET A FAIR TRIAL‟”]
Exhibit SEVENTEEN. [Copy of Headline story from worldnetdaily.com, dated December 2,

2010, “LAKIN‟S ATTORNEY: CONVICTION „CERTAIN‟, „HE‟S VERY DISAPPOINTED
IN MILITARY JUSTICE SYSTEM‟”]
Exhibit EIGHTEEN. [Copy of Headline story from worldnetdaily.com, dated, February 4, 2010,
“OBAMA‟S PRAYER: „DON‟T QUESTION MY CITIZENSHIP‟, RAISES ISSUE OF
ELIGIBILITY IN SPEECH AT ANNUAL BREAKFAST GATHERING”]
Exhibit NINETEEN. [Copy of Headline story from worldnetdaily.com, dated, February 6, 2010,
“„GOVERNMENT WANTS TO BE YOUR ONE AND ONLY GOD‟, FARAH: TEA
PARTY‟S SUCCESS ONLY MEASURED BY RECLAIMING NATION‟S CULTURAL
INSTITUTIONS”]
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Exhibit TWENTY. [Copy of Headline story from worldnetdaily.com, dated, February 23, 2010,
“WHITE HOUSE „ON BOARD‟ PALESTINIAN UNILATERAL STATEHOOD THREAT,
U.N. WOULD RECOGNIZE NEW NATION OUTSIDE OF NEGOTIATIONS WITH
ISRAEL”]
Exhibit TWENTY-ONE. [Document / Liberty Counsel: “Right Wing Extremist Card” citing
“U.S. DEPARTMENT OF HOMELAND SECURITY / DHS / Describing “RIGHT-WING
EXTREMIST” as “Domestic Terrorists”]
Exhibit TWENTY-TWO. [Book Reference: “In the Name of God. Amen: Rediscovering
Biblical and Historic Covenants / Daniel J. Ford / copyright 2003]
Exhibit TWENTY-THREE. [Book Reference: “The United States Constitution: What It Says,
What It Means / National Archive Museum / Washington, D.C.]
Exhibit TWENTY-FOUR. [Book Reference: “The Freedom Wars: What You Can Do To
Preserve Your Rights” by John Whitehead / Founder of Rutherford Institute /
rutherfordinstitute.org]
Exhibit TWENTY-FIVE. [Book Reference: “Do You Know the Bill of Rights: A Complete
Guide” / by Rutherford Institute / rutherfordinstitute.org / Reference: Exhibit TWENTY-FOUR]
Addendum Reference Exhibits TWENTY-SIX to THIRTY-SEVEN:
Exhibit TWENTY-SIX. [International Military Tribunal, Nuremberg, October 1946 / The

Nuremberg Trials: What is Justice? Is it ever too late to seek justice? & What can we do about
atrocities today? / Wexner Learning Center, Second Floor / U.S. Holocaust Memorial Museum /
Washington, D.C. / ushmm.org / Reference: Exhibit FOUR]
Exhibit TWENTY-SEVEN. [Book Reference: “The Manchurian President: Barack Obama‟s

Ties to Communists, Socialists and Other Anti-American Extremists” by Aaron Klein with
Brenda J. Elliott / copyright 2010]
Exhibit TWENTY-EIGHT: [Book Reference: “Dupes: How America‟s Adversaries Have

Manipulated Progressives for a Century” by Paul Kengor / copyright 2010]
Exhibit TWENTY-NINE: [Book Reference: “Muslim Mafia: Inside the Secret Underworld
That‟s Conspiring to Islamize America” by P. David Gaubatz & Paul Sperry / copyright 2009]
Exhibit THIRTY: [Copies of Letters/Documents dated 04.08.2011 & Hand-Delivered to Mr.

Michael Cohen [Exec. VP & Special Counsel] for Mr. Donald Trump [cc: Rep. Carl Seel] per
Pete [Security Personnel] related to my Criminal Misdemeanor Case, including: Cover Letter /
Receipts for Copies from Staples, NYC / Definition of Natural Born Citizen clause, of the
Constitution of the U.S., per Col. Eldon Bell, M.D. [refer to Exhibit I above] / Complete Motion
to Dismiss document dated March 14, 2011 / Three Articles/Documents per wnd.com “Meet the
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House party crasher…the U.S. House, that is: Protestor charges Obama a „tyrannical dictator‟
bent on bringing down U.S.” by Bob Unruh [01.06.2011] & “Despite egging on by NBC,
Boehner won‟t slam birthers: House speaker: It‟s not my job to tell the American people what to
think‟” by Joe Kovacs [02.13.2011] & “So whatever became of Lt. Col. Lakin?: Army doctor
half done with prison term for questioning Obama eligibility” by Bob Unruh [03.31.2011] /
Official Statement from MG Paul Vallely for Theresa S. Cao [refer to Exhibit T] / “Shariah Law
vs. the Constitution” [refer to Exhibit FIVE] / Advertisement from ProtectOurLiberty.org
“obamasweatingineligible” / CMDR. Charles Kerchner [refer to Exhibit THIRTEEN]
Exhibit THIRTY-ONE: [Website: ProtectOurLibery.org / CMDR. Charles Kercher / 1-page

Advertisement “obamasweatingineligible” / Refer to Exhibit THIRTEEN & THIRTY]
Exhibit THIRTY-TWO: [Same Copies of Letters/Documents dated 04.08.2011 & Hand-

Delivered to Mr. Michael Cohen [Exec. VP & Special Counsel] for Mr. Donald Trump [cc: Rep.
Carl Seel] was also Hand-Delivered to Rep. Carl Seel of Arizona [witnessed by Kelly Townsend
& Jeff Lichter, of Arizona] related to my Criminal Misdemeanor Case, including: Cover Letter /
Receipts for Copies from Staples, NYC / Definition of Natural Born Citizen clause, of the
Constitution of the U.S., per Col. Eldon Bell, M.D. [refer to Exhibit I above] / Complete Motion
to Dismiss document dated March 14, 2011 / Three Articles/Documents per wnd.com “Meet the
House party crasher…the U.S. House, that is: Protestor charges Obama a „tyrannical dictator‟
bent on bringing down U.S.” by Bob Unruh [01.06.2011] & “Despite egging on by NBC,
Boehner won‟t slam birthers: House speaker: It‟s not my job to tell the American people what to
think‟” by Joe Kovacs [02.13.2011] & “So whatever became of Lt. Col. Lakin?: Army doctor
half done with prison term for questioning Obama eligibility” by Bob Unruh [03.31.2011] /
Official Statement from MG Paul Vallely for Theresa S. Cao [refer to Exhibit T] / “Shariah Law
vs. the Constitution” [refer to Exhibit FIVE] / Advertisement from ProtectOurLiberty.org
“obamasweatingineligible” / CMDR. Charles Kerchner [refer to Exhibit THIRTEEN]
Exhibit THIRTY-THREE: [Additional “Second” Copies of Letters/Documents dated

04.08.2011 & Hand-Delivered to Mr. Michael Cohen [Exec. VP & Special Counsel] for Mr.
Donald Trump [cc: Rep. Carl Seel of Arizona] per Pete [Security Personnel] related to my
Criminal Misdemeanor Case, including: Same Cover Letter indicating “Second Hand-Delivery”
and Signed / “Legal Case Outline For Theresa Cao”, New Additional Motion To Dismiss, 8-
pages / Additional Three Documents]
Exhibit THIRTY-FOUR: [Copies of “Legal Case Outline for Theresa Cao”, New Additional
Motion to Dismiss, 8-pages dated 04.08.2011, Hand-Delivered to Rep. Carl Seel of Arizona and
to Jeff Lichter of Arizona and witnessed by Kelly Townsend of Arizona, the three Delegates who
personally met with Mr. Donald Trump and Mr. Michael Cohen on 04.08.2011 / Reference
Exhibits THIRTY to THIRTY-SIX]
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Exhibit THIRTY-FIVE: [“Legal Case Outline for Theresa Cao”, New Additional Motion to
Dismiss, 8-pages]
Exhibit THIRTY-SIX: [Reference: giveusliberty1776.blogspot.com / Gary Willmott / “Trump

rides issue of president‟s birth: GOP poll puts him at No. 2” / 04.10.2011 The Washington Times
by David Eldridge / “Why doesn‟t he show his birth certificate? The fact is, if h e wasn‟t born in
this country, he shouldn‟t be the president of the United States,” Donald Trump, the billionaire
developer, said in a CNN interview that aired Sunday. The Constitution requires that the
president be a “natural-born citizen.” / Associated Press]
Exhibit THIRTY-SEVEN: [Document/Affidavit by Lucas Daniel Smith, 04.10.2011

Declaration: USA vs. Theresa Cao / Superior Court of the District of Columbia, Criminal
Division / Case No. 2011 CMD 1048 / “1. I, Lucas Daniel Smith, am thirty-one years old, have
personal knowledge of the facts set forth in the Declaration, am confident to testify thereto, and
swear under penalty of perjury the following is true and correct: 2. President Barack Hussein
Obama II is not a natural born citizen of the United States of America. President Obama was
born in Mombassa, British Protectorate of Kenya at the Coast Province General Hospital in
1961. 3. I, Lucas Smith, have proof of the facts referenced above in paragragh 2. / Total
Documentation/Affidavit per Lucas Daniel Smith, 14-pages]
WHEREFORE, for the foregoing valid, lawfully based reasons, alleged Defendant respectfully
requests this Honorable Court to dismiss this case in its entirety, with prejudice.
Respectfully submitted,
All Rights Reserved
___________________________
Name: Theresa S. Cao
Street Address: 400 Mass. Ave. N.W., Unit #1003
City, State: Washington, D.C. 20001
Telephone: 202.556.6007
Dated: April 11, 2011
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CERTIFICATE OF SERVICE
I, Theresa S. Cao, hereby certify that a true and correct copy of the foregoing Motion to Dismiss,
was hand delivered on April 11, 2011, to the prosecuting attorney, Mr. Ronald C. Machen, at the
following address:
Name of Attorney: Ronald C. Machen Jr.
Office Name: U.S. Department of Justice / U.S. Attorney / District of Columbia
Street Address: Judiciary Center / 555 Fourth Street, N.W.
City, State, zip: Washington, D.C. 20530
All Rights Reserved,
___________________________
Theresa S. Cao, American Citizen
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SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CRIMINAL DIVISION
UNITED STATES, ) Case No. 2011 CMD 1048
Plaintiff, )
vs. )
Theresa S. Cao, )
Alleged Defendant, Sui Juris. )
MOTION TO DISMISS
COMES NOW, by special appearance, without accepting the jurisdiction of this Court, alleged
Defendant, Theresa S. Cao, a living, breathing, flesh and blood, sovereign woman on the land, an
American Citizen and District of Columbia Citizen, with and claiming all her inherent,
unlimited, unalienable Constitutionally guaranteed Rights, secured for her by the federal and
state Constitutions, with her name properly spelled only in upper and lower case letters, and who
hereby respectfully moves this Honorable Court to dismiss the captioned case on the following
lawfully based grounds: [Reference # 1 to # 4 below and following Exhibits Listed, A to Z,
ONE to TWENTY-FIVE; Addendum Exhibits Listed, TWENTY-SIX…………. ]
In addition, I‟m filing this motion unrepresented by this court appointed attorney, Attorney April
L. Downs, as she has not upheld her Constitutional oath to assist me with my case. Counsel of
record withheld from me vital information pertinent to my defense and misrepresented to me
vital information pertinent to my defense, based on the following reasons but not all inclusive: I
specifically asked Attorney Downs to research information, which I requested over one month
ago in which she failed to obtain on my behalf and in addition, Attorney Downs has purposefully
not been forthright with the Plea Deals/Offers made to me by the Prosecution, namely not
indicating to me that both the “Stet” Docket and the “FTO” aka. First Time Offender, is one in
the same Plea Offers/Deals, made by the Prosecution.
I hereby dismiss Attorney April L. Downs as my Public Defender. WHEREFORE, alleged

Defendant respectfully moves this Honorable Court to grant the request for a new appointed
Public Defender, who will assist me in my defense, as I am guaranteed the right of counsel, as
affirmed in the 6th Amendment, the Bill of Rights, of the Constitution of the U.S.
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1. Amendment I [The First Amendment] of the Bill of Rights, of the Constitution of the U.S.A,
declares “Congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the
people peaceably to assemble, and to petition the Government for a redress of grievances.”
I committed no crime, since I was simply exercising my right of free speech and to petition the
Government for a redress of grievances.
My “intent” in attending the historical first-time reading of the Constitution of the U.S., in the
U.S. House of Representatives, House Floor, was to witness the newly installed 112 th Congress,
as of January 5, 2011, to commence to uphold and defend the Constitution of the U.S., as the
New Speaker of the House, John Boehner, and Members of Congress, affirmed in there sworn
“Oath of Office”. [Reference: Exhibits J, L]
In addition, the Express, a publication of the Washington Post, dated 12.30.2010, story headline:
“GOP‟s New S.O.P. [Standard Operating Procedure] As they take charge of the House,
Republicans plan to put a new focus on the Constitution” cites Incoming Speaker of the House
John Boehner: “We always hear members of Congress talking about swearing an oath to
represent their constituents when in reality the only oath we take is to the Constitution.” Adding,
“We pledge „to support and defend the Constitution of the United States.‟ No more, no less.”
[Reference: Exhibit K]
I arrived at the U.S. Capitol House Gallery, ~10:30am, with the reading of the Constitution of the
U.S. commencing ~11am. The people in the House Gallery, including myself, were asked to
leave, after the initial round of seating sequence, so as to permit other people to have their turn in
the Gallery; we were also informed that we could line up once again and return to the House
Gallery. I returned to the House Gallery for a second time, but do not recall the time frame; I
believe the Congressmen were reading ~ the latter portion of Article I, of the Constitution of the
U.S. Hence, I did not know that I was going to be present at the reading of Article II, Section 1,
of the Constitution of the U.S.
Because Commander Fitzpatrick‟s complaint naming Obama in Commission of the Crime of

Treason, on March 17, 2009, remains unanswered, I was forced to act. Mr. Obama admits his
Treason by way of his silence; silence is agreement. Colonel Lakin was forced to act for the
same reason. Mr. Obama tacitly admits his Treason.
Obama‟s success to install the military police to replace civilian policemen is ongoing, and is an
act of Treason.
I‟ve been forced to act through the failure of law enforcement officials and all other government
officials in positions of authority, who failed to defend and uphold the Constitution of the U.S.,
specifically, Article II, Section 1, the Natural Born Citizen clause. This is the reason I stand
before the court today.
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I spoke on the spur of the moment, as an American Citizen, to defend God, Country and the
Constitution of the United States and my “intent” was not to “disrupt”, but rather to publicly
announce Obama‟s Treason, on January 6, 2011. Had this question been reconciled on March
17, 2009, nearly two years ago, neither myself nor Colonel Lakin, would have been forced to act.
[Exhibit V, W, X, Y, Z, Exhibit ONE, TWO]
2. Amendment IV [The Fourth Amendment] of the Bill of Rights, of the Constitution of the
U.S.A., declares “The right of people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but
upon probable cause, supported by oath of affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.”
Further, no one allegedly injured by my alleged actions made a written complaint against me;
therefore, I was unlawfully arrested, which is a violation of the Fourth Amendment.
3. Amendment V [The Fifth Amendment] of the Bill of Rights, of the Constitution of the U.S.A.,
declares, “No person shall be held to answer for a capital, or otherwise infamous crime, unless
on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces,
or in the militia, when in actual service in time of war or public danger; nor shall any person be
subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in
any criminal case to be a witness against himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be taken for public use, without just
compensation.”
The arrest deprived me of due process rights secured in the Fifth Amendment, since I was
deprived of my liberty without Constitutionally compliant due process of law.
4. Amendment VI [The Sixth Amendment] of the Bill of Rights, of the Constitution of the
U.S.A., declares, “In all criminal prosecutions, the accused shall enjoy the right to a speedy trial,
by an impartial jury of the state and district wherein the crime shall have been committed, which
district shall have been previously ascertained by law, and to be informed of the nature and cause
of the accusation; to be confronted with witnesses against him; to have compulsory process for
obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”
Still further, I have the Sixth Amendment right to confront my accuser, but since there is no
accuser, since no complaint was filed against me, these charges are bogus and fraudulent, and do
not meet Constitutional mandates, thus, must be dismissed.
The Sixth Amendment also guarantees my right to know the nature and cause of the accusations
alleged against me. Again, since no valid complaint was filed by an alleged injured party, I was
deprived of this right also, and was denied the right to face my accuser. Since there is no lawful
accuser, I cannot face a fictitious accuser, thus again, the charges alleged are bogus and
fraudulent.
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In summary, I spoke on the spur of the moment, as an American Citizen, to defend God, Country
and the Constitution of the United States and meant no “intent” to disrupt Congress on January 6,
2011.
I am guaranteed all rights of the Declaration of Independence, the Constitution of the U.S., as
affirmed in all the Amendments of the Bill of Rights.
Reference: Exhibits A to Z, Exhibits ONE to TWENTY-FIVE.
Exhibit A. [Copies of my Mini-Hardcopy Book References: Declaration of Independence, circa

1776 / Constitution of the U.S.A., circa 1787 / Bill of Rights, circa 1789, specifically
Amendment I – Amendment X aka. First Amendment – Tenth Amendment / Copyright, National
Archives Museum, Washington, D.C.]
Exhibit B. [Copies and Transcripts of my Book References: Bill of Rights from Exhibit A,
“James Madison proposes the Bill of Rights to the House of Representatives”, circa June 8,
1789]
Exhibit C. [The Charters of Freedom: Authentic Reproductions on Antiqued Parchment: The

Declaration of Independence, circa 1776 / Constitution of the U.S.A., circa 1787 / Bill of Rights,
circa 1789, specifically Amendment I – Amendment X aka. First Amendment – Tenth
Amendment / Copyright, National Archives Experience, National Archives Museum,
Washington, D.C.]
Exhibit D. [Copy of the Visitor‟s Guide: National Archives Experience / Rotunda for the
Charters for Freedom: “The Declaration of Independence”, circa, 1776, The “Constitution of the
United States”, circa 1787, “The Bill of Rights”, circa 1789, “Magna Carta”, circa 1297]: View
one of the most important documents in the history of democracy. In 1215, when King John
confirmed Magna Carta with his seal, he was acknowledging the now firmly embedded concept
that no man – not even king – is above the law. The charter established important individual
rights that have a direct legacy in the American “Bill of Rights.”]
Exhibit E. [“The Magna Carta”: Sotheby‟s New York, December 18, 2007 / circa 1297 /
National Archives Museum, Washington, D.C.]
Exhibit F. [Copy of the pocket-sized, Constitution of the United States and the Declaration of
Independence, by the United States Senate, 111th Congress, 1st Session, July 29, 2009 / These
booklets are available for staffers and constituents in the Senate Office Buildings]
Exhibit G. [Copy of “Law of Nations” circa 1759, 1787, 1792, etal. Vattel, Emer de / 31-
Library of Congress Online Catalog Listing / Book 1, Chapter XIX, Sec.212: The natives, or
Natural-Born Citizens, are those born in the country, of parents who are citizens…The country of
the fathers is therefore that of the children; and these become true citizens merely by their tacit
consent.]
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Exhibit H. [Copies of “Law of Nations”, Vattel, Emer de / from various sources noted in
Library of Congress Book Requests, dated March 11, 2011 / Book 1, Chapter XIX, Sec.212: The
natives, or Natural-Born Citizens, are those born in the country, of parents who are
citizens…The country of the fathers is therefore that of the children; and these become true
citizens merely by their tacit consent.]
Exhibit I. [1-page Document/Article “But „Natural Born‟ is not defined in the Constitution?
Yes it is!” dated December 13-15, 2010 by Ltc. Eldon Bell, Retired Military Doctor/Officer of
the Armed Forces of the United States of America states: The Constitution and Emmerich De
Vattel‟s LAW OF NATIONS has the answer to any questions regarding citizenship abroad and
any laws crossing national boundaries: Excerpt 1: Constitution of the U.S., Article II, Sec. 1 &
Excerpt 2: De Vattel‟s LAW OF NATIONS, circa 1758 Book 1, Chapter XIX, Sec.212]
Exhibit J. [Original, The Washington Post, dated January 7, 2011, story headline: “„TO FORM A
MORE PERFECT UNION,‟ BUT READING SPARKS SOME DIVISION”; „We the People,‟
the abridged version: New Speaker John A. Boehner led more than 130 fellow lawmakers in a
recitation of a slightly shortened edition of the Constitution on Thursday. A few passages and
their readers: FIRST AMENDMENT, GABRIELLE GIFFORDS [D-Ariz.], as noted in #1]
Exhibit K. [Copy of the Express, a publication of the Washington Post, dated 12.30 2010, story
headline: “GOP‟s New S.O.P. As they take charge of the House, Republicans plan to put a new
focus on the Constitution” cites Incoming Speaker of the House John Boehner: “We always hear
members of Congress talking about swearing an oath to represent their constituents when in
reality the only oath we take is to the Constitution.” Adding, “We pledge „to support and defend
the Constitution of the United States.‟ No more, no less.”
Exhibit L. [Reference: youtube.com Videos from Swearing in Ceremony & Commencement of

112th Congress, on January 5, 2011 and the Reading of the Constitution of the U.S.A., at the U.S.
Capitol on January 6, 2011 / Reference: Oath of Office, Exhibit N]
Exhibit M. [Reference: youtube.com: cspan.com “Birther Arrested during House Reading of the
Constitution – 1/6/2011 / youtube.com: birtherreportdotcom, 1/6/2011 / etal.]
Exhibit N. [Document/Article: “How Will Turmoil in the Middle East be resolved?” dated
February 6, 2011 by Major General Paul E. Vallely / thepostemail.com / “The Oath is Simple
and Reads: “I DO SOLEMNLY SWEAR THAT I WILL SUPPORT AND DEFEND THE
CONSTITUTION OF THE UNITED STATES AGAINST ALL ENEMIES, FOREIGN AND
DOMESTIC, THAT I WILL BEAR TRUE FAITH AND ALLEGIANCE TO THE SAME,
THAT I TAKE THIS OBLIGATION FREELY WITHOUT MENTAL RESERVATION OR
PURPOSE OF EVASION, AND THAT I WILL FAITHFULLY DISCHARGE THE DUTIES
OF THE OFFICE ON WHICH I AM ABOUT TO ENTER: SO HELP ME GOD.””
Exhibit O. [Website Reference: citizensoftheconstitution.com / Margy and Jack Flynn]
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Exhibit P. [Website/Book Reference: “Sui Juris: The Truth in Record, A Process for the People
to Access the Courts by Pamela & Will Gaston / avoiceforchildren.com]
Exhibit Q. [Document: “Supreme Court Oath Taking Procedures”, Supreme Court / Office of
the Curator / Public Information Office / Updated: 07.23.2009 / SCOTUS / Washington, D.C.
20543 / 202.479.3211]
Exhibit R. [Article: “Supreme Court: A to Z” / American Government A to Z Series / Fourth

Edition / Kenneth Jost / CQ Press / pp. 310 / Specifies both “Constitutional” and “Judiciary Act
of 1789” Oaths of Office]
Exhibit S. [Sworn “Oath of Office” of POTUS / President of the United States / Congressional
Members / Supreme Court Justices / To be Obtained from Library of Congress]
Exhibit T. [Article/Statement: from Paul E. Vallely, MG, US Army [Ret.], Chairman – Stand Up
America, dated March 13, 2011, for Theresa S. Cao]
Exhibit U. [Document/Article: The “Battle for Our America” Series – Part One dated March 10,
2011 by Paul E. Vallely, MG, US Army [Ret.], Chairman – Stand Up America /
standupamericaus.com]
Exhibit V. [Document/Article: “Two-Year-Old Treason Complaint against Obama has Never

Been Answered: It‟s Going to Take Large Numbers of People”, dated March 11, 2011 /
thepostemail.com / Reference: LCDR Walter Francis Fitzpatrick III, United States Navy Retired
/ thejaghunter.wordpress.com]
Exhibit W. [Document/Article: “Treason: Two-years and Counting, 3.318 Unanswered Criminal

Complaints Naming Obama in Commission of Treason! What Are You Prepared to Do?” /
thepostemail.com / thejaghunter.wordpress.com / Reference: Exhibit Above.]
Exhibit X. [Document/Article: “Criminal Allegations Regarding the Commission of Treason,

dated March 17, 2009 / thejaghunter.wordpress.com / LCDR Walter Fitzpatrick, III, United
Exhibit Y. [Document/Article: “Treason is Destroying America…As Obama Always Intended!”

dated February 25, 2011 / thejaghunter.wordpress.com / LCDR Walter Fitzpatrick, III, United
Exhibit Z. [Document/Article: “Has Monroe County Admitted to Violating the Law?: The Judge
Can Pick the Foreperson from Wherever They Choose” dated February 25, 2011 /
thepostemail.com / thejaghunter.wordpress.com]
Exhibit ONE. [Document/Article: “Our Grand Juries Have Been Taken Away: So Let‟s Take
Them Back” dated January 23, 2011 / thepostemail.com / thejaghunter.wordpress.com / LCDR
Walter Fitzpatrick, III, United States Navy Retired]
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Exhibit TWO. [Document/Article: “Operation American Freedom” dated October 14, 2009 /
thejaghunter.wordpress.com / LCDR Walter Fitzpatrick, III, United States Navy Retired]
Exhibit THREE. [Document/Article: “Since When is Treason a “Diversion?: Entrenched

Politicians Ignore and Commit Treason Against the U.S. Constitution”” dated March 11, 2011 by
Neil Turner / thepostemail.com]
Exhibit FOUR. [Copy Nuremberg Defense: Principle IV / Safeguard Our Constitution,

SafeguardOurConstitution.com / “The Case Against Ltc. Lakin” states: Since the Nuremberg
trials after World War II, the Principles espoused at Nuremberg disallowed military officers from
using the defense of “following orders.”* From 1946 onward, military officers had a positive
duty to establish the lawfulness of their orders and are informed of their “duty to disobey.”
*Principle IV]
Exhibit FIVE. [2-page Document/Article: “Shariah Law vs. the Constitution”, dated March 3,
2011 from “Shariah: The Threat to America” or free download at shariahthethreat.com]
Exhibit SIX. [Copy from Headline story from American Thinker / hillbuzz.org / Pamela Geller
of atlasshrugs.com who broke the story on FEB 20, 2011, entitled: “AMERICAN BAR
ASSOCIATION IS FIGHTING FOR SHARIA LAW IN THE U.S.”
Exhibit SEVEN. [Copy of Headline story from Daily Mail Reporter, dated February 20, 2011,
entitled: “EXTREMIST CLERIC TO LEAD WHITE HOUSE PROTEST CALLING FOR
MUSLIMS TO „RISE UP AND ESTABLISH ISLAMIC STATE IN AMERICA‟, British
extremist Anjem Choudary – who once said „the flag of Islam will fly over the White House‟ –
has announced he will lead a demonstration calling on Muslims to establish Shariah law across
America”]
Exhibit EIGHT. [Article Headline story by Michael Carl dated March 5, 2011 /
worldnetdaily.com / Related to Exhibit SEVEN / Quotes from Pastor Terry Jones and Frank
Gaffney indicating Shariah Law vs. Constitutional U.S. and the threat of Shariah Law to
America‟s Republic.
Exhibit NINE. [Copy of Headline story from citizenwarrior.com, dated February 2011, entitled:
“SHARIAH FINANCE WATCH HAS LIST OF SHARIAH COMPLIANT BANKS”,
According to Shariah Finance Watch…there are two reasons to boycott such banks: First of all,
Sharia compliant banks are required to donate two percent of their profits to Muslim “charities,”
which are often jihad-related groups, because of course, jihad is an inextricable part of Islamic
doctrine. Secondly, the widespread existence of such policies at banks ostensibly legitimizes
Sharia law – a backward, misogynistic, intolerant, totalitarian form of law that has no place in
the modern world.]
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Exhibit TEN. [Copy of Headline story from worldnetdaily.com, dated December 2008]
“SHARIAH FINANCE 101 TAUGHT AT THE TREASURY DEPARTMENT”
Exhibit ELEVEN: [Article “Peter King to Proceed with Muslim Radicalization Hearings” dated
March 6, 2011 / centrepointnews.com / dailymail.co.uk]
Exhibit TWELVE. [Copy of Headline story from worldnetdaily.com, dated November 8, 2010,
“CONGRESS REPORT CONCEDES OBAMA ELIGIBILITY UNVETTED: „THERE IS NO
SPECIFIC FEDERAL AGENCY‟ TO REVIEW CANDIDATES FOR FEDERAL OFFICE”]
Exhibit THIRTEEN. [Copy of Headline story from worldnetdaily.com, dated December 29,
2010, “„WE NO LONGER HAVE A REPUBLIC SUBSERVIENT TO CONSTITUTION‟,
OFFICER: LAKIN CASE IS END OF „RULE OF LAW‟ / See full Post & Email interview]
Exhibit FOURTEEN. [Copy of Headline story from worldnetdaily.com, dated December 20,
2010, “ARMY „BIRTHER‟ JAILED AT LEAVENWORTH: SUPPORTERS RALLY
AROUND DOCTOR WHO CHALLENGED OBAMA‟S ELIGIBILITY”]
Exhibit FIFTEEN. [Copy of Headline story from worldnetdaily.com, dated December 16, 2010,
“LAKIN SENTENCED: DISMISSAL, 6 MONTHS, DOUBTS ABOUT OBAMA‟S
INELIGIBILITY NO EXCUSE FOR DISOBEYING ORDER”]
Exhibit SIXTEEN. [Copy of Headline story from worldnetdaily.com, dated December 11, 2010,
“MCINERNEY: CONGRESS WILL REVIEW LAKIN CASE, 3-STAR GENERAL WARNS:
PHYSICIAN „IS NOT GOING TO GET A FAIR TRIAL‟”]
Exhibit SEVENTEEN. [Copy of Headline story from worldnetdaily.com, dated December 2,

2010, “LAKIN‟S ATTORNEY: CONVICTION „CERTAIN‟, „HE‟S VERY DISAPPOINTED
IN MILITARY JUSTICE SYSTEM‟”]
Exhibit EIGHTEEN. [Copy of Headline story from worldnetdaily.com, dated, February 4, 2010,
“OBAMA‟S PRAYER: „DON‟T QUESTION MY CITIZENSHIP‟, RAISES ISSUE OF
ELIGIBILITY IN SPEECH AT ANNUAL BREAKFAST GATHERING”]
Exhibit NINETEEN. [Copy of Headline story from worldnetdaily.com, dated, February 6, 2010,
“„GOVERNMENT WANTS TO BE YOUR ONE AND ONLY GOD‟, FARAH: TEA
PARTY‟S SUCCESS ONLY MEASURED BY RECLAIMING NATION‟S CULTURAL
INSTITUTIONS”]
Exhibit TWENTY. [Copy of Headline story from worldnetdaily.com, dated, February 23, 2010,
“WHITE HOUSE „ON BOARD‟ PALESTINIAN UNILATERAL STATEHOOD THREAT,
U.N. WOULD RECOGNIZE NEW NATION OUTSIDE OF NEGOTIATIONS WITH
ISRAEL”]
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Exhibit TWENTY-ONE. [Document / Liberty Counsel: “Right Wing Extremist Card” citing
“U.S. DEPARTMENT OF HOMELAND SECURITY / DHS / Describing “RIGHT-WING
EXTREMIST” as “Domestic Terrorists”]
Exhibit TWENTY-TWO. [Book Reference: “In the Name of God. Amen: Rediscovering
Biblical and Historic Covenants / Daniel J. Ford / copyright 2003]
Exhibit TWENTY-THREE. [Book Reference: “The United States Constitution: What It Says,
What It Means / National Archive Museum / Washington, D.C.]
Exhibit TWENTY-FOUR. [Book Reference: “The Freedom Wars: What You Can Do To
Preserve Your Rights” by John Whitehead / Founder of Rutherford Institute /
rutherfordinstitute.org]
Exhibit TWENTY-FIVE. [Book Reference: “Do You Know the Bill of Rights: A Complete
Guide” / by Rutherford Institute / Reference: Exhibit TWENTY-FOUR]
WHEREFORE, for the foregoing valid, lawfully based reasons, alleged Defendant respectfully
requests this Honorable Court to dismiss this case in its entirety, with prejudice.
All Rights Reserved
___________________________
Telephone: 202.556.6007
I, Theresa S. Cao, hereby certify that a true and correct copy of the foregoing Motion to Dismiss,
was hand delivered on March 14, 2011, to the prosecuting attorney, Mr. Ronald C. Machen, at
the following address:
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___________________________
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EXHIBIT B
Exhibit B. [Copies and Transcript of my Book References of the Bill of Rights, “JAMES
MADISON PROPOSES THE BILL OF RIGHTS TO THE HOUSE OF
REPRESENTATIVES”] The Amendments which have occurred to me, proper to be
recommended by congress, to the state legislatures are these: FIRST. That there be prefixed to
the constitution a declaration – That all power is originally vested in, and consequently derived
from the people. That government is instituted, and ought to be exercised for the benefit of the
people; which consists in the enjoyment of life and liberty, with the right of acquiring and using
property, and generally of pursuing and obtaining happiness and safety.
THAT THE PEOPLE HAVE AN INDUBITABLE, UNALIENABLE, AND INDEFEASIBLE

RIGHT TO REFORM OR CHANGE THEIR GOVERNMENT, WHENEVER IT BE FOUND
ADVERSE OR INADEQUATE TO THE PURPOSES OF ITS INSTITUTION. FOURTHLY.
THE PEOPLE SHALL NOT BE DEPRIVED OR ABRIDGED OF THEIR RIGHT TO SPEAK,
TO WRITE, OR TO PUBLISH THEIR SENTIMENTS; AND THE FREEDOM OF THE
PRESS, AS ONE OF THE GREAT BULWARKS OF LIBERTY, SHALL BE INVIOLABLE.
THE PEOPLE SHALL NOT BE RESTRAINED FROM PEACEABLY ASSEMBLING AND

CONSULTING FOR THEIR COMMON GOOD, NOR FROM APPLYING TO THE
LEGISLATURE BY PETITIONS, OR REMONSTRANCES FOR REDRESS OF THEIR
GRIEVANCES.
NO PERSON SHALL BE SUBJECT…NOR BE DEPRIVED OF LIFE, LIBERTY, OR

PROPERTY WITHOUT DUE PROCESS OF LAW…
THE RIGHTS OF THE PEOPLE TO BE SECURED IN THEIR PERSONS, THEIR HOUSES,

THEIR PAPERS, AND THEIR OTHER PROPERTY FORM ALL UNREASONABLE
SEARCHES AND SEIZURES, SHALL NOT BE VIOLATED BY WARRANTS ISSUED
WITHOUT PROBABLE CAUSE, SUPPORTED BY OATHS OF AFFIRMATION, OR NOT
PARTICULARLY DESCRIBING THE PLACES TO BE SEARCHED, OR THE PERSONS
OR THINGS TO BE SEIZED. [Approximately 6-10 Peace/Shalom Activism Posters and 1-
book manuscript? are reported stolen to my Condo Concierge Director]
IN ALL CRIMINAL PROSECUTIONS, THE ACCUSED SHALL ENJOY THE RIGHT TO A

SPEEDY TRIAL, TO BE INFORMED OF THE CAUSE AND NATURE OF THE
ACCUSATION, TO BE CONFRONTED WITH HIS ACCUSERS, AND THE WITNESSES
AGAINST HIM; TO HAVE A COMPULSORY PROCESS FOR OBTAINING WITNESSES
IN HIS FAVOR; AND TO HAVE THE ASSISTANCE OF COUNSEL FOR HIS DEFENSE.
THE EXCEPTIONS HERE OR ELSEWHERE IN THE CONSTITUTION, MADE IN FAVOR

OF PARTICULAR RIGHT,S SHALL NOT BE SO CONSTRUED AS TO DIMINISH THE
JUST IMPORTANCEOF OTHER RIGHTS RETAINED BY THE PEOPLE…
[Type text]
25
CRIMINAL DIVISION
UNITED STATES, ) Case No. 2011 CMD 1048
Plaintiff, )
Vs. )
Theresa S. Cao, )
Alleged Defendant. )
MOTION TO CLAIM AND EXERCISE CONSTITUTIONAL RIGHTS
COMES NOW Theresa S. Cao, alleged Defendant, sui juris, a living, breathing, American
Citizen, who claims and exercises all inherent, unlimited, unalienable Constitutionally
guaranteed Rights, and whose name is properly spelled only in upper and lower case letters, who,
now, will accept this Court‟s jurisdiction, based on the following valid reasons:
1. I am guaranteed all rights of the Constitution of the U.S., affirmed in all the Amendments of
the Bill of Rights. See: Exhibit B. (Book References for the Constitution of the U.S.A., Bill of
Rights, Declaration of Independence, Copyright, National Archives Museum, Washington, D.C.)
2. I am guaranteed all rights aforementioned, based on …
3.
WHEREFORE, alleged Defendant respectfully moves this Honorable Court to grant the
requested Motion to Claim and Exercise Constitutional Rights aforementioned, valid lawfully
based reasons.
All Rights Reserved
[Type text]
26
___________________________
Telephone: 202.556.6007
I, Theresa S. Cao, hereby certify that a true and correct copy of the foregoing Motion, was sent
by first class U.S. Mail, postage prepaid, or hand delivered on this ….day of March, 2011, to the
prosecuting attorney, as follows:
___________________________
[Type text]
27
CRIMINAL DIVISION
Theresa S. Cao ) Case No. 2011 CMD 1048
vs. )
) DEMAND FOR PRODUCTION
UNITED STATES, et. al. ) OF DOCUMENTS
MOTION FOR DEMAND FOR DISCOVERY / FOIA REQUEST FROM MY RECORDS
COMES NOW Theresa S. Cao, sui juris, a living, breathing, American Citizen, who claims and
exercises all inherent, unlimited, unalienable Constitutionally guaranteed Rights, and whose
name is properly spelled only in upper and lower case letters, who, now, and demands
PRODUCTION OF DOCUMENTS necessary to my defense.
ALL questions are to be answered and all discovery completed before upcoming hearing in the
Superior Court of the District of Columbia, the next hearing set for March 15, 2011. All parties
are going to be called as witnesses, will be cross examined and shall disclose fully and
completely the information demanded.
All records herein requested are to be brought forth in a timely manner by all parties and
discovery shall be completed before TRIAL can proceed. Many records requested contain
EXCULPATROY EVIDENCE, necessary to my defense and for impeachment of witnesses.
Any requested records that are withheld will be criminal obstruction of justice and withholding
of evidence, and all parties are being held accountable in the Superior Court of the District of
Columbia, Case No. 2011 CMD 1048.
In addition to the records listed in the attached FREEDOM OF

INFORMATION/PRIVACY ACT demand….
All records are discoverable not only under the FOIA/PRIVACY ACT and all
information is critical to the public knowledge of the methods and operations of government
agencies.
Any hearings or trials held before discovery is completed by all parties will be a violation
of my civil rights and liberties of due process, and all parties shall be held accountable.
[Type text]
28
Parties specifically named are in bold type and are all being INDIVIDUALLY SERVED,
as well as those named in the body of the FOIA DEMAND AND ADDENDUM. All parties are
expected to read the entire document and produce records that apply to them wherein demanded.
1. The PROSECUTOR, shall produce a complete witness list, and complete information
disclosing the intended testimony of each witness; also the relevance and purpose of each
witnesses testimony that they are going to call. I expect an accurate list that will not be changed
many times before trial, as in past proceedings. I expect this information in a timely manner, at
least TEN DAYS before any trial in the Superior Court of the District of Columbia.
2. The COURT, shall produce records from every hearing in Case No. 2011 CMD 1048. All
court AUDIO and VIDEOTAPES, transcripts and exhibits shall be produced before hearings or
trials.
3. The U.S. CAPITOL POLICE, ………. involved with Case No. 2011 CMD 1048…
4. The SECRET SERVICE & all FEDERAL AGENTS….involved with Case No. 2011 CMD
1048
5. The LEGISLATIVE BRANCH OF GOVERNMENT, specifically CHAIRMAN….MAJ.

HOUSE LEADER, JOHN BOEHNER, REP. JOHN…GOODLATTE, FROM NEW
JERSEY and the 112TH CONGRESS, shall produce records of their SWORN
OATHS/AFFIDAVITS OF OFFICE BASED ON THE CONSTITUTION OF THE U.S.
6. The JUDICAL BRANCH OF GOVERNMENT, specifically CHIEF JUSTICE JOHN

ROBERTS, & ERIC HOLDER, U.S. ATTORNEY GENERAL, shall produce records of
their SWORN OATHS/AFFIDAVITS?? OF OFFICE BASED ON THE CONSTITUTION OF
THE U.S.
7. The EXECUTIVE BRANCH OF GOVERNMENT, specifically BARACK HUSSEIN

OBAMA and JOE BIDEN, shall produce records of their SWORN OATHS/AFFIDAVITS OF
OFFICE BASED ON THE CONSTITUTION OF THE U.S.
ALL DISCOVERY SHALL BE PRODUCED IN A TIMELY MANNER BEFORE

UPCOMING HEARINGS IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA.
All Rights Reserved
[Type text]
29
___________________________
Name: Theresa S. Cao, sui juris
DATE:
Telephone: 202.556.6007
Copies attached to Case No. 2011 CMD 1048
and served on all parties named in attached
certificate of service.
I, Theresa S. Cao, hereby certify that a true and correct copy of the foregoing Motion, was sent
by first class U.S. Mail, postage prepaid, or hand delivered on this ….day of March, 2011, to the
prosecuting attorney, as follows:
___________________________
[Type text]
CRIMINAL DIVISION
UNITED STATES OF AMERICA, :

Plaintiffs,
: Case No. 2011 CMD 1048
vs.
: 28 U.S.C. § 1746 DECLARATION
OF LUCAS DANIEL SMITH
THERESA S. CAO, :
Defendant.
1. I, Lucas Daniel Smith, am thirty-one years old, have personal knowledge of the facts
set forth in the Declaration, am confident to testify thereto, and swear under penalty of perjury
the following is true and correct:
2. President Barack Hussein Obama II is not a natural born citizen of the United States of
America. President Obama was born in Mombasa, British Protectorate of Kenya at the Coast
Province General Hospital in 1961.
3. I, Lucas Smith, have proof of the facts referenced above in paragraph 2.
4. In the month of February 2009 I was on the continent of Africa in the Democratic
Republic of the Congo. This was not my first trip to the dark continent. The first time that I set
foot on African soil was in the year 2007. In February of 2009 I traveled to the Congo to
document the story of a cryptic (as in cryptozoology) animal that lives there in the Congo. This
fabled creature is a dinosaur-like animal that is commonly referred to as Mokele Mbembe. It
should be noted that other such hidden, or once fabled, animals have been discovered in what is
Lucas Daniel Smith 04.10.2011 Declaration. United States vs. Theresa S. Cao. 1
now the Democratic Republic of the Congo. The animal now known to most of the world as the
Okapi was once considered to be a mythical creature by Europeans who referred to it as the
African Unicorn.
5. In the same month of February 2009 I traveled throughout both of the Congos,
Uganda and Kenya. I‟d gone to Nairobi, Kenya specifically to interview a man that claims to
have seen the animal (Mokele Mbembe) years ago when he was a soldier in the Congo.
6. Upon my arrival in Nairobi I was bombarded with questions in English on my feelings
and opinions of a Kenyan governing the United States of America. The first several times I
responded in saying that not enough time had elapsed since Barack Obama's appointment as
President of the USA. I went on to say that I'd have to hold my official opinion until at least
January 2010. A year in Office might be sufficient for me to judge his ability to govern the USA.
7. Naturally I thought that by "Kenyan" they were referring to Barack Obama‟s blood,
being that his father Barack Obama Sr was a native of Kenya. After a day and a half of my being
in Nairobi I learned that they were literally referring to President Barack Obama Jr. as being born
in Kenya, a native of Kenya. Now I started asking questions; did his father's Kenyan blood
somehow entitle Barack Jr to be the equivalent of a native Kenyan? No, not all, I was to find
out. They were referring to Barack Obama Jr's physical birth on Kenyan soil.
8. One Kenyan woman named „Rosemary‟ was quite smitten with me and told me that
she would like me to join her for dinner at a local restaurant. She was of medium height, dark
skinned and well built. As we looked over the menu she started telling me more about herself.
She told me that her family is very wealthy and that they live in a house that was built high in the
trees. I asked her why they live in the trees. She then told me that they live in trees so that the
lions will not be able eat them. She had a great poker face and didn‟t let on that she was joking
until I started laughing (already knowing that it was joke). She then told me that she wasn‟t
really hungry and proceeded to ask me if I would like to visit her home. I said, yes. We left the
restaurant and walked to her home which was nearby. I was looking forward to hearing all
about Barack Hussein Obama‟s birth in Kenya. As we entered her home she asked me to please
take a seat. She walked into the bathroom, left the door open, and to my astonishment she began
to disrobe. She then called me into the bathroom. I entered and started telling her that I was a
married man and that I was only interested in hearing more about Barack Hussein Obama‟s birth
place in Kenya. She then striped herself of her under garments, told me to wait for her, and
gracefully stepped into the shower. I then stepped out of the bathroom and took my seat in the
other room again. I really didn‟t know what to do. I wanted to get her story but I wasn‟t
prepared to trade my body for her account of Barack Hussein Obama‟s nativity story. Minutes
later she returned, fresh from her shower, and took a seat adjacent to me. She sat very close to
me. She took my hand and placed it on her purple-black bare chest. She then told me that
before we make love I must tell her that I love her. I wasn‟t sure what was going through this
young (over the age of twenty-one) woman‟s mind. I didn‟t want to offend her so I told her that
I wasn‟t prepared to make love to her because I did not have protection. I asked her then if we
could just talk about President Barack Obama‟s birth place in Kenya. She told me that if that is
all that I really wanted that I could ask just about any Kenyan and that most, if they had an
answer for me, would almost invariably give me the same answer: Coast Province General
Hospital, Mombasa, Kenya. She was correct.
9. Kenyans were amused at how gullible Americans could be when it came to obvious
things like the fact that Kenyans overtly admit to Barack Jr's Kenyan birth, yet the Americans
continue to believe that they know better.
10. I delved further and found that a birth certificate was on file at Coast Province
General Hospital in Mombasa.
11. I traveled to Mombasa, Kenya with the specific intention of procuring some sort of
birth record from the hospital (CPGH) that so many Kenyans had referred to as being the
hospital where US President Barack Hussein Obama had been born.
12. Upon a perimeter inspection of the hospital (and with the help of a friend from the
Congo) I ascertained that me even being allowed to enter the hospital was going to prove to be a
task, and a tremendous one at that. At that point I began to form an intricate plan which would
not only grant me access to the hospital but also an opportunity to procure a certified copy of the
hospital birth record of US President Barack Obama, if a birth record at the Kenyan hospital did
indeed exist. My ground plan entailed two hospitals in Mombasa, Kenya: Coast Province
General Hospital and also a second hospital named Mombasa Hospital. My plan expanded to
include a Kenyan military / police officer. The plan developed further and included a second
Kenyan military / police officer. The whole undertaking also included the assistance of a friend
from the Democratic Republic of the Congo.
13. I paid a total of three monetary bribes in the amounts of (in chronological order)
$200 USD, $500 USD and $5,000 USD.
14. My plan proved to be very effective and successful. On the 19 th day of February
2009 I, Lucas Smith, walked out of the Coast Province General Hospital in Mombasa, Kenya
with a certified copy of President Barack Hussein Obama II‟s original hospital birth certificate /
record.
15. The birth certificate includes two signatures from 1961. One of the signatures is from
the hand of the attending doctor, James O.W. Ang‟awa; the other is that of the Supervisor of
Obstetrics, John Kwame Odongo.
16. The British Protectorate of Kenya birth certificate also includes a 2009 stamp and
signature from the Chief Administrator of Coast Province General Hospital, Helton Maganga.
The certificate also includes a 2009 embossed seal from the Coast Province General Hospital,
Mombasa, Kenya.
17. President Barack Hussein Obama II was born in Mombasa, British Protectorate of
Kenya, in 1961. He was born to a father who himself was born in the Colony of Kenya. It
should also be noted that the father (born in 1939) never acquired US citizenship when he was in
the United States of America via a student visa.
18. Attached to this Declaration, as Exhibit AA, I have included a copy of the 2009
certified copy of the 1961 Coast Province General Hospital birth certificate of US President
Barack Hussein Obama II. I have, in safe keeping with my attorney in New Jersey, the
certified copy of Mr. Obama‟s original birth record. As explained above, I personally obtained
this document in February 2009 from his birth hospital in Mombasa, Kenya.
19. I bring to your attention Senate Publication 103-21. This “103-21” is an edition of
the Constitution of the United States of America that was published at some point during the
1990s, perhaps during the 103 Congress. I received an official copy of this “103-21” in the year
2001 as it was sent to me via US Postal Service mail from the United States Senate (office of the
Honorable US Senator Charles Grassley, R- Iowa).
20. Upon hearing, in Africa, that President Barack Obama was born in Kenya, my mind
flashed to Senate Publication 103-21. Years ago I‟d read, many times over, often through the
longs hours of the night, Senate Publication 103-21.
21. Senate Publication 103-21 contains not only a true and correct copy of the US
Constitution but also brief explanations of each of the Constitution‟s sections which were
prepared by the Office of the Secretary of the Senate with the assistance of Johnny H. Killian of
the Library of Congress. On page number 18 of Senate Pub.103-21, adjacent to Article II,
Section 2, Clause 5 of the US Const., you will find the following explanation: “This clause
requires that in order to take oath of office a president must be 35, a resident within the United
States for 14 years, and a natural-born citizen. This last requirement (natural-born citizen)
raises the question of whether someone born to American parents outside of the United States
would be eligible to hold the office.”
22. As I have stated in the forgoing, this above cited publication was prepared by the
Office of the Secretary of the Senate with the assistance of Johnny H. Killian of the Library of
Congress. As you may know, Mr. Johnny H. Killian advised Congress for more than 44 years on
constitutional matters. As senior specialist in American public law at the Congressional Research
Service, Mr. Killian was the person most often called upon when the constitutionality of a
proposal was in question. Mr. Killian was also the editor of and major contributor to the 1972,
1982, 1992 and 2002 editions of "Constitution of the United States of America: Analysis and
Interpretation," nicknamed the Annotated, a seminal work on the judicial history of all
constitutional amendments that is a standard text in U.S. law schools.
23. Senate Publication 103-21, prepared with the assistance of Johnny H. Killian, clearly
states that the “natural-born citizen” clause of Article II, Section 2, Clause 5 of the US
Constitution “raises the question of whether someone born to American parents outside of the
United States would be eligible to hold the office”.
24. Attached to this Declaration, as Exhibit BB, I have included a copy of page 18 of
Senate Publication 103-21.
25. On or about the 8th day of September, in the year 2009, I was physically present at a
hearing in the case Pamela Barnett et al vs. Obama (originally styled as Alan Keyes vs. Obama)
in Santa Ana, California with my then attorney Orly Taitz. I had previously submitted a
Declaration to the Honorable United States District Court, Southern District of California, Santa
Ana Division, which consisted of a brief and very limited, two page, explanation of how I
procured the certified copy of the 1961 Coast Province General Hospital birth certificate of US
President Barack Hussein Obama II. I also submitted, to the Honorable Court, a copy of the
certified copy of the 1961 Coast Province General Hospital birth certificate of US President
Barack Hussein Obama II.
26. On or about the 8th day of September, in the year 2009, I was escorted by US
Marshals to the „witness room‟ adjacent to the Honorable Judge David O. Carter‟s courtroom.
Present with me in the witness room were other witnesses such as, though not limited to, the
esteemed Clint Grimes who is a police officer in California. I was prepared to testify that day,
on the witness stand in open court and under oath and penalty of perjury.
27. The United States Department of Justice (USDOJ) objected strongly to hearing any
of my testimony that day. The Honorable Judge David O. Carter indicated strong interest in
hearing my testimony that day. The Honorable Judge David O. Carter stated, “…why cannot
that deposition (of Lucas Smith) take place while this witness is here? In other words, this
witness is present. That deposition could take place. It‟s not interfering with the jurisdictional
issues that you have because it‟s not „discovery‟ that she is seeking from you. It‟s some witness
that she has that she believes she can‟t get back in a timely fashion. Hold on. I know you‟re
opposed to it. I can read your mind. My question is, why not? First of all, it gives the
government a wonderful glimpse of what is forthcoming. It lets you prepare. Number two, it
allows you to put on this witness who‟s come all the way from Kenya, whether they‟re in
danger or not. Number three, if people need to get this particular witness back, as you claim,
that he or she is essential to your claim, then the government can bring them back. So from
the government‟s perspective, what are you doing this week? Where are you from?…Now the
problem is, though, if this witness is languishing out in the hallway and you believe that the
witness is critical, that person has to continue to languish …And my initial question was, to
the government, what harm? In other words, they (the defendants) actually got a glimpse of
what your claim is…so why wouldn‟t we take this witness with the admonition that this
witness would have to be called back. In other words, I‟m really concerned about people
testifying who are available…”
28. The response from the USDOJ (United States Department of Justice) was, “…I
think it is an unwise move at this point in time to order this witness be deposed.”
29. The Honorable Judge David O. Carter responded to the USDOJ with, “I‟m just a
little perplexed why that wouldn‟t be to your benefit, because in case your motion (to dismiss)
fails, you know exactly what is coming and you have a chance to either prove it or disprove it,
but I leave that to your wisdom.”
30. A complete transcript of the September 8th, 2009 hearing can be found at:
http://www.scribd.com/full/19777637?access_key=key-157q86kuqsdysjllm0va
31. In 2010, from my home in Cedar Rapids, Iowa I crafted a letter known as the “Lucas
Daniel Smith Letter to United States Congress. 4th of July 2010”. A total of 539 letters were
sent. Recipients: every US Senator, every US Congressman/woman including non‐voting
members that represent US Territories and US Commonwealths. It should be noted that, at that
time, there were two vacant Congressional seats (hence 539 letters rather than 541).
32. Each letter was individually addressed to its Congressional recipient by Lucas Daniel
Smith. Throughout each letter the recipient‟s name was again referenced. These letters had a
personal touch to them which conveyed the character, honor, dedication, commitment and time
that was put into each individual letter.
33. Each envelope was hand‐addressed by Lucas Daniel Smith.
34. Each letter was individually notarized by one of two Notary Publics at US Bank in
Cedar Rapids, Iowa. This was not a simple task of one notary stamp and one notary signature
being photocopied 539 times. The notary stamps/seals inked 539 different pieces of paper. The
whole Notary Public procedure took several hours and had to be divided into scheduled sit-down
meetings with Notary Publics at US Bank over a course of days
35. Each letter was individuallv sent via United States Post Office 'Certified Mail'
Each 'Certified Mail Receipt' was hand addressed by Lucas Daniel Smith.
36. A near 4000 page PDF can be found at my scribd account (Patriot1980),
htto://www.scribd.com/collections/2841163|1-ucas-Daniel-Smith-4th-of-Julv-Letter-to-Con
which contains a scan of every single page of every single letter to each member of US
Congress. The near 4000 page PDF also contains scans ofeach hand addressed envelope. The
near 4000 page PDF also contains scans of each hand addressed 'Certified Mail Receipt'. All
letters in the near 4000 page PDF are arranged by State. The States are listed in alphabetical
order. Furthermore, under each State the letters are also listed alphabetically by the Congress
members' last names. A brief table of contents precedes each group of letters under each State
heading.
37. The Honorable Bruce Steadman, friend and fellow patriot, covered the entire cost of
all expenditures of the"Lucas Daniel Smith Letter to United States Congress, 4h of July
2010". Bruce Steadman paid approximately $3000.00 US dollars to cover the entire cost of the
letter to Congress project. Expenditures included (a) USPS First Class Postage (r) USPS
'Certified Mail' fees (c) US Bank Notary Public fees.
38. I declare under penalty of perjury pursuant to 28 U.S.C. $ 1746 that the foregoing is
true and correct.
Executed on #V- i 0, L 0l I
Lucas Daniel Smith
1626 5'h Avenue SE, Cedar Rapids, Iow a 52403
Lucas d Smith@live.com 319-804-A440
www.WasObamaBornlnKenva.com, www.youtube.com/InspectorSmith, www.scribd.com/Patriot1980
Lucas DanielSmith 04.10.2011 Declaration. United Sfafes vs. Theresa S. Cao. 10

EXHIBIT AA
Copy of the 2009 certified copy of the 1961 Coast Province General
Hospital birth certificate of US President Barack Hussein Obama II.
EXHIBIT BB
Copy of page 18 of Senate Publication 103-21.

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1

SUPERIOR COURT OF THE DISTRICT OF COLUl\fMMrt:"l II

) Case No. 2011 CMD 1048

Alleged Defendant, Sui Juris. )

Because Commander Fitzpatrick‟s complaint naming Obama in Commission of the Crime of

Reference: Exhibits A to Z, Exhibits ONE to TWENTY-FIVE.

Exhibit A. [Copies of my Mini-Hardcopy Book References: Declaration of Independence, circa

Exhibit C. [The Charters of Freedom: Authentic Reproductions on Antiqued Parchment: The

Exhibit L. [Reference: youtube.com Videos from Swearing in Ceremony & Commencement of

Exhibit O. [Website Reference: citizensoftheconstitution.com / Margy and Jack Flynn]

Exhibit R. [Article: “Supreme Court: A to Z” / American Government A to Z Series / Fourth

Exhibit V. [Document/Article: “Two-Year-Old Treason Complaint against Obama has Never

Exhibit W. [Document/Article: “Treason: Two-years and Counting, 3.318 Unanswered Criminal

Exhibit X. [Document/Article: “Criminal Allegations Regarding the Commission of Treason,

Exhibit Y. [Document/Article: “Treason is Destroying America…As Obama Always Intended!”

Exhibit THREE. [Document/Article: “Since When is Treason a “Diversion?: Entrenched

Exhibit FOUR. [Copy Nuremberg Defense: Principle IV / Safeguard Our Constitution,

Exhibit SEVENTEEN. [Copy of Headline story from worldnetdaily.com, dated December 2,

Addendum Reference Exhibits TWENTY-SIX to THIRTY-SEVEN:

Exhibit TWENTY-SIX. [International Military Tribunal, Nuremberg, October 1946 / The

Exhibit TWENTY-SEVEN. [Book Reference: “The Manchurian President: Barack Obama‟s

Exhibit TWENTY-EIGHT: [Book Reference: “Dupes: How America‟s Adversaries Have

Exhibit THIRTY: [Copies of Letters/Documents dated 04.08.2011 & Hand-Delivered to Mr.

Exhibit THIRTY-ONE: [Website: ProtectOurLibery.org / CMDR. Charles Kercher / 1-page

Exhibit THIRTY-TWO: [Same Copies of Letters/Documents dated 04.08.2011 & Hand-

Exhibit THIRTY-THREE: [Additional “Second” Copies of Letters/Documents dated

Exhibit THIRTY-SIX: [Reference: giveusliberty1776.blogspot.com / Gary Willmott / “Trump

Exhibit THIRTY-SEVEN: [Document/Affidavit by Lucas Daniel Smith, 04.10.2011

All Rights Reserved

Name: Theresa S. Cao

Street Address: 400 Mass. Ave. N.W., Unit #1003

City, State: Washington, D.C. 20001

Dated: April 11, 2011

Name of Attorney: Ronald C. Machen Jr.

Office Name: U.S. Department of Justice / U.S. Attorney / District of Columbia

Street Address: Judiciary Center / 555 Fourth Street, N.W.

City, State, zip: Washington, D.C. 20530

All Rights Reserved,

Theresa S. Cao, American Citizen

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

UNITED STATES, ) Case No. 2011 CMD 1048

Alleged Defendant, Sui Juris. )

I hereby dismiss Attorney April L. Downs as my Public Defender. WHEREFORE, alleged

Because Commander Fitzpatrick‟s complaint naming Obama in Commission of the Crime of

Reference: Exhibits A to Z, Exhibits ONE to TWENTY-FIVE.

Exhibit A. [Copies of my Mini-Hardcopy Book References: Declaration of Independence, circa

Exhibit C. [The Charters of Freedom: Authentic Reproductions on Antiqued Parchment: The

Exhibit L. [Reference: youtube.com Videos from Swearing in Ceremony & Commencement of

Exhibit O. [Website Reference: citizensoftheconstitution.com / Margy and Jack Flynn]

Exhibit R. [Article: “Supreme Court: A to Z” / American Government A to Z Series / Fourth

Exhibit V. [Document/Article: “Two-Year-Old Treason Complaint against Obama has Never

Exhibit W. [Document/Article: “Treason: Two-years and Counting, 3.318 Unanswered Criminal

Exhibit X. [Document/Article: “Criminal Allegations Regarding the Commission of Treason,

Exhibit Y. [Document/Article: “Treason is Destroying America…As Obama Always Intended!”

Exhibit THREE. [Document/Article: “Since When is Treason a “Diversion?: Entrenched

Exhibit FOUR. [Copy Nuremberg Defense: Principle IV / Safeguard Our Constitution,

Exhibit SEVENTEEN. [Copy of Headline story from worldnetdaily.com, dated December 2,

All Rights Reserved