Posted: March 21, 2009\n12:15 am Eastern\n\n\nBy Bob Unruh\n© 2009 WorldNetDaily\n\n\nA Washington, D.C., man who believes Barack Obama probably isn't eligible to \nbe president – and colorfully stated as much to a federal judge who dismissed \na case challenging Obama's residency in the White House – says he got a visit \nfrom U.S. marshals for his exercise of free speech.\n\nJames Robertson\n\n\nJesse Merrell told WND he was reacting to Judge James Robertson's decision to \nthrow out a case challenging Obama's eligibility because the issue had been \nthoroughly "twittered."\n\nMerrell sarcastically gave the judge a "good-for-you."\n\n"How dare people use a flimsy thing like the Constitution to darken your \nsanctimonious door!" he wrote to the judge. "The insane idea that a blue-gum \nbaboon slashing our Constitution has to prove U.S. citizenship – as our silly \nold Constitution demands – is too absurd to consider in the sacred chambers \nof the tiny tin gods of the Potomac, adorning the royal purple and sipping \nJim Jones Kool-Aid.\n\n"Thanks to smug, slimy shysters like you, Obama gets a free ride – snootily \nstomping on our foolish Constitution, which supercilious idiots like you have \nlong ago shredded for their own stupid opinions!" Merrell continued in the \nletter, a copy of which he provided to WND.\n\nHe finished with his speculation on what "ought" to happen to the judge, a \nphysical act not appropriate for a family-oriented report.\n\n(Story continues below)\n\n\n\nA short time later, he said he found two U.S. marshals on his doorstep.\n\n"After reading your story about Federal Judge James Robertson dismissing a \nsuit challenging Obama's natural born citizenship, and suggesting sanctions, \nI wrote him a very critical letter," Merrell told WND. "Two U.S. marshals \ncame to visit me, making threats to silence me.\n\n"I told them unless the First Amendment had been repealed, or they had a \nwarrant for my arrest, we had nothing to discuss," he continued. "But they \ninsisted on coming in, and making further threats.\n\n"I responded with another letter, with firm language, but nothing I haven't \nused for 30 years, and quoting Thomas Jefferson's warning to bind judges with \nthe 'chains of the Constitution' to prevent mischief."\n\nWND called the U.S. marshals service for comment, but there was no comment on \nthe specific case. A WND message left for one of the officers involved also \nwas not returned.\n\n A media office spokeswoman who took the message did confirm that "anyone \nwho may write a letter referencing a judge or put something in a letter \ncausing the marshals to be concerned about the well-being of a judge, they \nwould look into it."\n\nMerrell told WND his particular dislike of "government tyranny" has existed \n"since my fourth-great-grandfather, Captain Benjamin Merrell, was hanged – \nhanged, drawn and quartered – by the British Royal Governor of North Carolina \nin 1771 for protesting high and unjust taxes."\n\nWhere's the proof Barack Obama was born in the U.S. or that he fulfills the \n"natural-born American" clause in the Constitution? If you still want to see \nit, join more than 335,000 others and sign up now!\n\nIn his followup letter to the judge, Merrell's language was a little more \nsalty.\n\n"I told your Gestapo goons, of course, that unless the First Amendment had \nbeen repealed, or they were there to arrest me, that we had nothing to talk \nabout.," Merrell's letter said ."One of your Brown-Shirt Nazi bullies, \nhowever, could not resist threatening me with some obscure law – one he \ndidn't know where it was, or when it was created – which he said made it a \ncrime to say something that caused a federal judge 'emotional distress.'\n\n"Emotional distress? What unbelievably unadulterated horses-\-\-!" Merrell \nwrote. "What about the repulsive, stomach-turning 'emotional distress' you \nblack-robed baboons speciously dish out to the American people daily – \nhaughtily spitting on our precious Constitution with your nauseating, decency-\nstomping, judicial-jack-\-\- slobber!\n\n"If it is illegal for a Constitution-loving citizen to chastise a \nConstitution-scorning judge, who has spitefully spat on America's consecrated \nmoral bedrock, then the slimy, steel-laden tentacles of unspeakable tyranny \nare already wrapped tightly around helpless citizens – awaiting the final \nhideous strangulation.\n\n"But not as long as one end of my red-blooded tongue is loose!" Merrell's \nletter said.\n\nHe put the challenge directly to the judge:\n\n"The Constitution clearly states, with no possible ambiguity – in Article 2, \nSection 1 – that 'No person except a natural born Citizen, or a Citizen of \nthe United States, at the time of the Adoption of this Constitution, shall be \neligible to the Office of President,'" he wrote.\n\n"America is going down the drain – economically and Constitutionally, with \nterrorists and illegal aliens pouring across our borders like invading armies \npractically unopposed – but our insufferable, over-bloated, dictatorial \ngovernment, while turning a blind eye to all that, has time and money to send \ntwo high-paid federal marshals – probably 0,000.00 each – to harass a \ncitizen daring to exercise his precious First Amendment rights, which you \nwant to destroy," he wrote.\n\n"When you solemnly swear to uphold and defend the Constitution – then \nloathsomely lacerate and despicably desecrate that hallowed document – \nperhaps you should fear for your safety, for you have stopped being a dutiful \nservant of the people, and started arrogating unto yourself the venomous \ntrappings of their tyrannical slave-master," he wrote.\n\n"Oh, and my ancestor, Captain Benjamin Merrell, wasn't just hanged – but \nhanged, drawn and quartered: which means he was hanged, but taken down while \nyet alive, his abdomen violently sliced open and his entrails cruelly cut out \nand brutally thrown in his face and set afire...and then his body \nbarbarically slashed into four quarters," Merrell wrote. "So, naturally, I'm \nmore than a little suspicious of dictatorial power such as you brandish. And \nI'm not alone."\n\nWND reported a challenge to the judge from the lawyer handling the case. \nRobertson threatened attorney John D. Hemenway with sanctions for \nrepresenting client Gregory S. Hollister. Hollister is a retired military \nofficer subject to being recalled who is demanding to know Obama's \neligibility to discern whether any orders from the president would be legal.\n\nRobertson dismissed the case, ridiculing questions of eligibility as having \nalready been "blogged, texted, twittered and otherwise massaged."\n\nHollister is represented by Philadelphia lawyer Philip Berg, who has brought \nseveral motions on the eligibility dispute to the U.S. Supreme Court that \nhave been ignored. Hemenway acted as local counsel in filing the action on \nbehalf of Hollister.\n\nRobertson wrote: "The plaintiff says that he is a retired Air Force colonel \nwho continues to owe fealty to his Commander-in-Chief (because he might \npossibly be recalled to duty) and who is tortured by uncertainty as to \nwhether he would have to obey orders from Barack Obama because it has not \nbeen proven – to the colonel's satisfaction – that Mr. Obama is a native-born \nAmerican citizen, qualified under the Constitution to be president.\n\n"The issue of the president's citizenship was raised, vetted, blogged, \ntexted, twittered, and otherwise massaged by America's vigilant citizenry \nduring Mr. Obama's two-year-campaign for the presidency, but this plaintiff \nwants it resolved by a court," Robertson wrote.\n\nHemenway has responded with a suggestion that if the judge wants to pursue \nsanctions, the attorney then would seek a discovery hearing to demand the \npresident's original birth certificate as court procedures would allow.\n\nThe clients concerns also are valid, he wrote.\n\n"These are not frivolous matters, as the learned Judge Robertson has \nsuggested. Possible illegal orders are a matter of great concern to officers \nin the armed forces. … The legality of orders in and out of combat is of \nparamount importance," he wrote.\n\nThe lawyer also criticized the judge for citing hearsay in his court opinion.\n\n"It is not helpful for a United States district judge to endorse obfuscation \nwhen a constitutional issue is involved. Under these circumstances, to \nthreaten sanctions against an attorney who, in good faith assisted in the \nfiling of a lawsuit involving issues none of the many judges and attorneys \nfrom coast to coast have found 'frivolous' is to employ the Rule 11 as a \ndevice to deprive the undersigned attorney of his civil rights and the right \nto due process. Without even a hearing or access to discovery being granted \nto defend against the charges, such a sanction would be a veritable \nlynching," Hemenway challenged.\n\n"If the court persists in pressing Rule 11 procedures against Hemenway, then \nHemenway should be allowed all of the discovery pertinent to the procedures \nas court precedents have permitted in the past," he said.\n\n"The court has referred to a number of facts outside of the record of this \nparticular case and, therefore, the undersigned is particularly entitled to a \nhearing to get the truth of those matters into the record. This may require \nthe court to authorize some discovery," Hemenway said.\n\nWND has reported on dozens of legal challenges to Obama's status as a \n"natural born citizen." The Constitution, Article 2, Section 1, states, "No \nPerson except a natural born Citizen, or a Citizen of the United States, at \nthe time of the Adoption of this Constitution, shall be eligible to the \nOffice of President."\n\nSome of the lawsuits question whether Obama was actually born in Hawaii, as \nhe insists. If he was born out of the country, Obama's American mother, the \nsuits contend, was too young at the time of his birth to confer American \ncitizenship to her son under the law at the time.\n\nOther challenges have focused on Obama's citizenship through his father, a \nKenyan subject to the jurisdiction of the United Kingdom at the time of his \nbirth, thus making him a dual citizen. The cases contend the framers of the \nConstitution excluded dual citizens from qualifying as natural born. Further \ncomplicating the issue are the reports he was adopted by an Indonesia man \nduring his childhood and moved to Indonesia and attended school there. There \nalso are questions on what nation's passport he traveled to Pakistan.\n\nLawyers and plaintiffs in a multitude of lawsuits also have asked why, if a \nbirth certificate actually reflects that Obama was born in Hawaii, has he \nspent sums estimated by observers of up to </body> million hiring various law \nfirms to keep concealed his birth certificate, his college records and other \ndocumentation.\n\nJohn Eidsmoe, an expert on the U.S. Constitution now working with the \nFoundation on Moral Law, told WND a demand for verification of Obama's \neligibility appears to be legitimate.\n\nEidsmoe said it's clear that Obama has something in the documentation of his \nhistory, including his birth certificate, college records and other documents \nthat "he does not want the public to know."\n\nAlthough Obama officials have told WND all such allegations are "garbage," \nhere is a partial listing and status update for some of the cases over \nObama's eligibility:\nNew Jersey attorney Mario Apuzzo has filed a case on behalf of Charles \nKerchner and others alleging Congress didn't properly ascertain that Obama is \nqualified to hold the office of president.\n\nPennsylvania Democrat Philip Berg has three cases pending, including Berg vs. \nObama in the 3rd U.S. Circuit Court of Appeals, a separate Berg vs. Obama \nwhich is under seal at the U.S. District Court level and Hollister vs. \nSoetoro a/k/a Obama, (now dismissed) brought on behalf of a retired military \nmember who could be facing recall to active duty by Obama.\n\nLeo Donofrio of New Jersey filed a lawsuit claiming Obama's dual citizenship \ndisqualified him from serving as president. His case was considered in \nconference by the U.S. Supreme Court but denied a full hearing.\n\nCort Wrotnowski filed suit against Connecticut's secretary of state, making a \nsimilar argument to Donofrio. His case was considered in conference by the \nU.S. Supreme Court, but was denied a full hearing.\n\nFormer presidential candidate Alan Keyes headlines a list of people filing a \nsuit in California, in a case handled by the United States Justice \nFoundation, that asks the secretary of state to refuse to allow the state's \n55 Electoral College votes to be cast in the 2008 presidential election until \nObama verifies his eligibility to hold the office. The case is pending, and \nlawyers are seeking the public's support.\n\nChicago attorney Andy Martin sought legal action requiring Hawaii Gov. Linda \nLingle to release Obama's vital statistics record. The case was dismissed by \nHawaii Circuit Court Judge Bert Ayabe.\n\nLt. Col. Donald Sullivan sought a temporary restraining order to stop the \nElectoral College vote in North Carolina until Barack Obama's eligibility \ncould be confirmed, alleging doubt about Obama's citizenship. His case was \ndenied.\n\nIn Ohio, David M. Neal sued to force the secretary of state to request \ndocuments from the Federal Elections Commission, the Democratic National \nCommittee, the Ohio Democratic Party and Obama to show the presidential \ncandidate was born in Hawaii. The case was denied.\n\nAlso in Ohio, there was the Greenberg v. Brunner case which ended when the \njudge threatened to assess all case costs against the plaintiff.\n\nIn Washington state, Steven Marquis sued the secretary of state seeking a \ndetermination on Obama's citizenship. The case was denied.\n\nIn Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate \nObama's birth certificate. His request for an injunction against Georgia's \nsecretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.\n\nCalifornia attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on \nbehalf of Gail Lightfoot, the vice presidential candidate on the ballot with \nRon Paul, four electors and two registered voters.\n\nIn addition, other cases cited on the RightSideofLife blog as raising \nquestions about Obama's eligibility include:\nIn Texas, Darrel Hunter vs. Obama later was dismissed.\n\nIn Ohio, Gordon Stamper vs. U.S. later was dismissed.\n\nIn Texas, Brockhausen vs. Andrade.\n\nIn Washington, L. Charles Cohen vs. Obama.\n\nIn Hawaii, Keyes vs. Lingle, dismissed.