amended verified complaint and petition in re foia usdc dc o8cv2234 010509
DESCRIPTION
Amended Complaint to inlcude DHS, that was then opposed by the DC AUSA that in part wanted to dimissed the complaint as to DHS for improper service (done by Marshals) and they complained of my MI-5 FOIA request as somehow overreaching and at which time Holder replaced the DC AUSA with the DOJ AUSA without notifiying me as required process then allowed me to cross motion for the present QUO Warranto given the fact I had jst been injured by the USURPER's AG Holder and when combined with the fact that I had FIRED BHO for cause in that he is not eligible to serve as the POTUS Trustee / Adminstrator with my power of attoreny over my private accounts at US Treasury therefore nevertheless proceeded to act and therefore actions are Void Ab Initio as to me personally and therfore I want thi to return my accounts and or show he is eligible otherwise must leave offic to president Biden as with Article II Section 1 Clause 6 and the 25th Amendment. I have a direct attack on the office as well as an injury giving me standing to challenge the Usurper's actions that are wasting my asset presently under his control.TRANSCRIPT
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 1 of 20
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA --------------------------------------------------x Case No.: 08-cv-2234 (RJL) : CHRISTOPHER EARL STRUNK : SUPPLEMENT AMENDED : VERIFIED COMPLAINT Petitioner, : AND PETITION FOR v. : WRIT OF MANDAMUS : UNDER F.O.I.A. U.S. DEPARTMENT OF STATE, and : U.S. DEPARTMENT OF HOMELAND : SECURITY, :
Defendants. : :
-------------------------------------------------x NOW COMES Christopher Earl Strunk, as the Petitioner, and
brings this Supplement Amended Complaint under Federal Rules of Civil
Procedure Rule 15(a)(1)(c)(1)(B)(d) of the Complaint filed with the clerk of
the District Court on November 26. 2008, and pursuant to the Freedom of
Information Act, 5 U.S.C. §552, et sequitur, against the Defendants the
United States Department of State, and U.S. Department of Homeland
Security, stating:
JURISDICTION AND VENUE
1. This cause of action arises under the Freedom of Information Act
pursuant to 5 U.S.C. §552. Jurisdiction is properly before this Court
pursuant to that federal statute with the United States District Courts under
28 USC §1331 with a Federal question and under 28 USC §1346.
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 2 of 20
2. This particular District Court for the District of Columbia affords the
proper venue under 28 USC §1391 (e) (2) for this action in that the
Defendant U.S. Department of State and Defendant U.S. Department of
Homeland Security as each is located within the District of Columbia and
the failure of the Defendant and or Defendants to act separately and or in
concert was also within the District of Columbia.
3. Petitioner filed this complaint requesting this Court to Order the U.S.
Department of State and U.S. Department of Homeland Security to fulfill
their obligations pursuant to the Freedom of Information Act (hereinafter
"FOIA") immediately turn over the following documents on the following
individual:
a. Stanley Ann Dunham, a/k/a Ann Dunham a/k/a Stanley Ann
Obama a/k/a Ann Obama a/k/a Stanley Ann Soetoro a/k/a Ann
Soetoro a/k/a Stanley Ann Sutoro a/k/a Ann Sutoro a/k/a
Stanley Ann Dunham Obama a/k/a Ann Dunham Obama, born
November 29, 1942 at Wichita Leavenworth KS. U.S., a.k.a.
Stanley Ann Dunham Obama and who died on November 7,
1995 under the name Stanley Ann Dunham Soetoro (a.k.a.
Sutoro), SSN: 535-40-8522; and
b. Barack Hussein Obama, Jr. a/k/a Barry Soetoro Date of Birth:
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 3 of 20
August 4, 1961 and as a living natural person; and
4. The following documents:
a. Any and all U.S. Applications for a U.S. Passport;
b. Entry and Exit Passport Records pertaining to the United States
and Kenya from the period of time of January 01, 1960 to
December 31, 1975 and January 1, 1979 to December 31,
1985;
c. Entry and Exit Passport Records pertaining to the United States
and Indonesia from the period of time of January 01, 1960 to
December 31, 1973 and January 1, 1979 to December 31, 1985;
d. The above travel records on for the dates specified travelling on
a U.S. Passport, Kenyan Passport, Indonesian Passport or any
other foreign passport and/or visa;
e. Foreign Birth Certificate registered and filed with the U.S.
Embassy, Kenya and/or U.S. Embassy of Indonesia for Barack
H. Obama a/k/a Barry Soetoro, Date of Birth: August 4, 1961;
f. Foreign Birth Registry filed with the U.S. Embassy, Kenya
and/or U.S. Embassy of Indonesia by Stanley Ann Dunham, et
al. Registering the birth of Barack H. Obama a/k/a Barry
Soetoro, Date of Birth: August 4, 1961; and
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 4 of 20
g. Adoption Records and/or Governmental "Acknowledgment"
wherein Barack H. Obama a/k/a Barry Soetoro was
"acknowledged" as Lolo Soetoro, M.A.'s son.
5. Pursuant to the Freedom of Information Act, the Petitioner,
Christopher Earl Strunk, petitions this Court for extraordinary relief in
the nature of a writ of mandamus under 28 USC §1651, directed to
Respondent, United States Department of State, and its employees and
agents in the United States Department of State and ;
6. This action seeks to compel the U.S. Department of State to
turn over the records requested pursuant to a Freedom of Information Act
referred to herein.
7. In support of this amended verified petition, Petitioner avers the
following:
THE PARTIES
8. Petitioner, Christopher Earl Strunk (hereinafter "Petitioner"), is an
individual who resides with place for service at 593 Vanderbilt Avenue #281
Brooklyn, NY 11238; Email: [email protected], cell-845-901-6767.
9. Defendant, United States Department of State, is a Governmental
Agency located at 2201 C Street N.W., Washington, D.C. 20520.
10. Defendant, United States Department of Homeland Security, is a
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 5 of 20
governmental agency created pursuant the Patriot Act, and whose Executive
level cabinet Secretary is Michael Chertoff with mailing address located at
Washington, DC 20528.
11. That under the Patriot Act the U.S. Department of Homeland
Security is in control of the Bureau of Customs and Border Control located
at 799 Ninth Street, N. W. at the Mint Annex Washington D.C. 20229.
FACTS
12. On October 17, 2008, Petitioner filed a FOIA request directed to the
United States Department of State request for the above cited records for the
person referenced at paragraph 3 (a) for the period from 1960 through 1963,
and Petitioner sent the request via United States Postal Service, Certified
Mail, Return Receipt Requested; a true and correct copy of Petitioner's letter
is attached hereto and incorporated in by reference as Exhibit A.
13. Petitioner filed the FOIA request for travel records shown as Exhibit
A that was deposited with the USPS certified with return receipt request for
two-day delivery by October 20, 2008, as per the true and correct copy of
the USPS mailing purchase receipt attached herewith marked Exhibit B.
14. That on October 27, 2008, the USPS confirmed delivery of the FOIA
request for records under the control of the United States Department of
State, (see Exhibit C).
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 6 of 20
15. That on October 30, 2008, Defendants agent signed the return receipt
for the FOIA request shown as Exhibit A for Petitioner's FOIA request at the
U.S. Department of State; that thereafter, was delivered to my mailing
address by the USPS, (see Exhibit D).
16. On or about November 7, 2008 Petitioner never received any
response from Defendant / Respondent for any of the information requested
in regards to above paragraph 3(a).
17. On November 22, 2008, Petitioner filed the FOIA request with
reference number B8475 the information detailed above in regards to above
living natural person described in paragraph 3(b); see the U.S. Department
of State request confirmation marked Exhibit E.
18. On November 22, 2008, Petitioner filed a declaration in support of
the FOIA request with reference number B8475 the information detailed
above in regards to above living natural person described in paragraph 3(b),
with a cover letter and attachment of the FOIA request on the deceased
person described in paragraph 3(a) see Exhibit F.
19. A true and correct copy of the return receipt is attached hereto and
incorporated see Exhibit G.
20. That as a matter of Bureau of Customs and Border Control concern,
based upon the school records (see Exhibit H) provided by Indonesian
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 7 of 20
authorities as to Barry Soetoro’s adoption by Lolo Soetoro and schooling in
Indonesia as a natural born Indonesian citizen, indicates that Barry Soetoro
may be an illegal alien improperly in the United States.
21. That as a matter of Bureau of Customs and Border Control concern,
based upon information and belief there is an imposter presently using the
deceased Stanley Ann Dunham Soetoro’s (a.k.a. Sutoro) SSN: 535-40-8522
for employment at the Ford Foundation and is residing in New York City.
22. On December 26, 2008, Petitioner filed a FOIA request for records
cited above in paragraphs 3 through 4(g) and paragraph 21 directed to the
Bureau of Customs and Border Control of the U.S. Department Of
Homeland Security located at 799 Ninth Street, N. W. in the Mint Annex
Washington D.C. 20229 to the attention of Mark Hanson Director FOIA
Division (see Exhibit I).
23. The above records do not fall within any of FOIA exemptions items.
24. The above documents do not involve any of the FOIA exemptions
which include National defense or foreign policy records, 5 U.S.C. §
552(b)(1), internal personnel rules and practices of an agency, 5 U.S.C.
§552(b)(2); exemption by other federal statutes, 5 U.S.C. § 552(b)(3);
trade secrets, commercial or financial information, 5 U.S.C. § 552(b)(4);
inter-agency or intra-agency memoranda 5 U.S.C. § 552(b)(5); personnel
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 8 of 20
and medical files, 5 U.S.C. §552(b)(6); information complied for law
enforcement purposes, 5 U.S.C. §552 (b)(7); information contained in or
related to examination, operating or condition reports prepared by, on behalf
of, or for the use of an agency responsible for the regulation or supervision
of financial institutions. 5 U.S.C. §552(b)(8); nor does the information
requested involve geological and geophysical information, 5 U.S.C.
§552(b)(9).
25. The above requested documents are extremely critical and important
to Petitioner as well as the general public and are of substantial public
interest.
26. The overwhelming majority of the Electoral College slates of the
States of the several States received the majority advisory votes cast for
Barack Hussein (“H.”) Obama a/k/a Barry Soetoro [hereinafter "Obama"]
and thereby won the general election votes on November 4, 2008; and
subsequent to canvassing in each State of the several States the Electoral
College of each state of the several states is to be certified by the state
officials over every state on or about December 1, 2008 is to assembly in
each State of the several States to cast their votes on December 15, 2008.
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 9 of 20
27. Mr. Obama is not a U.S. "natural born" citizen and ineligible to serve
as the United States President, pursuant to the United States Constitution,
Article II, Section 1, Clause 5.
28. Although Mr. Obama claims to have been born in two (2) separate
hospitals in Hawaii, he was actually born in Mombasa, Kenya to his mother
a U.S. citizen and his father a Kenyan National.
29. Mr. Obama's mother (referenced above in paragraph 3(a)) was not old
enough pursuant to the Nationality Act of 1940, revised June 1952 to pass
on U.S. "natural born" citizenship to Mr. Obama.
30. The U.S. Law in effect during Mr. Obama's birth stated if you are
born abroad to one U.S. parent and a foreign national, the U.S. parent must
have resided in the United States for ten (10) years, five (5) of which were
after the age of Fourteen (14) in order to register the child's birth abroad in
the United States as a "natural born" U.S. citizen, under the Nationality Act
of 1940, revised June 1952, United States of America v. Cervantes-Nava,
281 F.3d 501 (2002), Drozd v. I.N.S., 155 F.3d 81, 85-88 (2d Cir.1998),
United States v. Gomez-Orozco, 188 F.3d 422, 426-27 (7th Cir. 1999),
Scales v. Immigration and Naturalization Service 232 F.3d 1159 (9th Cir.
2000), Solis-Espinoza v. Gonzales 401 F.3d 1090 (9th Cir. 2005).
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 10 of 20
31. Under the Nationality Act of 1940, revised June 1952, is the law that
applies to a birth abroad and is in effect at the time of birth, Marquez-
Marquez a/k/a Moreno v. Gonzales 455 F. 3d 548 (5th Cir. 2006), Runnett v.
Shultz, 901 F.2d 782, 783 (9th Cir.1990) (holding that "the applicable law
for transmitting citizenship to a child born abroad when one parent is a U.S.
citizen is the statute that was in effect at the time of the child's birth").
32. Stanley Ann Dunham, Mr. Barry Soetoro's mother, was only 18 when
she gave birth to Barack Hussein Obama, Jr. She was not old enough to
register Obama's birth in Hawaii or anywhere else as a United States "natural
born" citizen as she did not meet the residency requirements pursuant to our
United States Laws; as such it does not matter that this is a minor
technicality, the law is applied regardless - see United States of America v.
Cervantes-Nava, 281 F.3d 501 (2002), Drozd v. I.N.S., 155 F.3d 81, 85-88
(2d Cir.1998).
33. Mr. Barry Soetoro has been asked for his "vault" version birth
certificate; however, he has refused, which has prompted law suits across the
United States.
34. Instead, Mr. Barry Soetoro and or his agent(s) placed an image of a
Hawaiian Certification of Live Birth (COLB), which is issued for all birth's
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 11 of 20
registered in the State of Hawaii; the COLB, does not prove "natural born"
citizenship or birth in Hawaii.
35. A COLB is sufficient proof of citizenship; however, it does not prove
"natural born" citizenship, a COLB is issued to those who are simply
"naturalized".
36. There is absolutely NO doubt in Petitioner’s mind that Mr. Barry
Soetoro's birth in Kenya was registered in Hawaii, at which time, yes they
would have issued a COLB; however, Barry Soetoro's birth could have
ONLY been registered as "naturalized" as his mother did not meet the
citizenship requirements to register Barry Soetoro's birth as "natural born",
Nationality Act of 1940, revised June 1952, United States of America v.
Cervantes-Nava , 281 F.3d 501 (2002), Drozd v. I.N.S., 155 F.3d 81, 85-88
(2d Cir.1998), United States v. Gomez-Orozco, 188 F.3d 422, 426-27 (7th
Cir. 1999), Scales v. Immigration and Naturalization Service 232 F.3d 1159
(9th Cir. 2000), Solis-Espinoza v. Gonzales 401 F.3d 1090 (9th Cir. 2005),
and as such the law that applies to a birth abroad is the law in effect at the
time of birth, Marquez-Marquez a/k/a Moreno v. Gonzales 455 F. 3d 548
(5th Cir. 2006), Runnett v. Shultz, 901 F.2d 782, 783 (9th Cir.1990) (holding
that "the applicable law for transmitting citizenship to a child born abroad
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 12 of 20
when one parent is a U.S. citizen is the statute that was in effect at the time
of the child's birth").
37. Mr. Barry Soetoro's citizenship status is further complicated by the
fact he was enrolled by Lolo Soetoro in a public school, Fransiskus Assisi
School in Jakarta, Indonesia; the records received as copies of the school
registration, in which it clearly states Mr. Barack Hussein Obama's name as
"Barry Soetoro" and lists his citizenship as Indonesian, shown as Exhibit H.
38. Mr. Obama's father is listed as Lolo Soetoro, and Mr. Obama's
Religion is listed as Islam.
39. At the time Mr. Obama was registered the public schools obtained
and verified the citizenship status and name of the student through the
Indonesian Government; and that Indonesia at this time was a police state
and foreign students were not allowed to attend public schools.
40. The Indonesian school, upon registration of a new student, verified
the citizenship status and name of the child with the Indonesian
Government; moreover, Indonesian Immigration and police checked all
public schools on a weekly basis to ensure the only students attending were
in fact Indonesian citizens.
41. Due to Mr. Obama's birth abroad, he could only be "naturalized",
second, he became a "natural" citizen of Indonesia; even if Obama's
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 13 of 20
adoption and/or acknowledgment allowed him to choose his citizenship
status, there is more involved.
42. Indonesia, still to this day, does not permit dual citizenship, and the
law in Indonesia states if a minor who lost citizenship in another country
may reclaim that citizenship; however, prior to age 21, they must swear a
declaration signed and served and filed with Indonesia their desire to
relinquish their citizenship status.
43. Furthermore, if this is not done by age 21, they lose that right; and as
stated in the Indonesian laws, "at the age of 18, the child can choose whether
to stay an Indonesian citizen or follow their foreign father's citizenship. They
will be then given additional three more years to decide on which nationality
to choose.", e.g. 18 + 3 = 21.
44. The problem here is the citizenship of Mr. Obama's father "Soetoro"
is Indonesian; Indonesia did not recognize dual citizenship.
45. The Indonesian citizenship law was designed to prevent apatride
(stateless) or bipatride (dual citizenship); Indonesian regulations recognize
neither apatride nor bipatride citizenship.
46. The Hague Convention prevented the U.S. from interfering with
Indonesia's laws.
47. Indonesia did not recognize dual citizenship, thus, neither did the
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 14 of 20
U.S.; and an adoption per se severs all relationship to the birth place and/or
citizenship of a birth parent.
48. Once Indonesian "natural" citizenship status occurred, it stayed; and
in order, according to Indonesia, which is whose law prevails, Mr. Obama
would have been required to relinquish in writing under oath his Indonesian
citizenship and file the declaration with Indonesia government.
49. Indonesian citizenship does not expire without a person, in
declaration, swears under the penalty of perjury, to relinquish Indonesian
Citizenship and files said document with the government no later then age
21, as under the Indonesian Constitution, Article 2.
50. If Mr. Barry Soetoro wanted to fully regain any U.S. Citizenship
status he may have had, he would have had to undue the adoption or go
through paternity to prove Soetoro was NOT his father in the case of Soetoro
Acknowledging Mr. Obama as his son, both of which gave Mr. Obama
"natural" Indonesian status, which is the same as U.S. "natural born"
citizenship status.
51. Under Indonesian law, when a male acknowledges a child as his son,
it deems the son—in this case Obama—to be an Indonesian State citizen;
the Constitution of Republic of Indonesia, Law No. 62 of 1958 Law No. 12
of 2006 dated 1 Aug. 2006 concerning Citizenship of Republic of Indonesia,
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 15 of 20
and Law No. 9 of 1992 dated 31 Mar. 1992 concerning Immigration Affairs
and Indonesian Civil Code (Kitab Undang-undang Hukum Perdata)
(KUHPer) (Burgerlijk Wetboek voor Indonesie).
52. Further, the Indonesia Constitution, Article 2 states "It is stipulated
that an adopted child has the same status as a natural child and that his or
her relationship to the birth parents is severed by adoption".
53. Further, the Indonesia Constitution, Article 2 states: "on the condition
of ratification of the adoption by the District Court: ‘The law stipulates that
children of mixed couples automatically assume their father's citizenship,
and a divorced wife cannot take custody of her children because they have
different citizenship’….”.
54. Furthermore, Indonesia did not allow Dual Citizenship or Dual
Nationality thus Mr. Barry Soetoro is not a U.S. Citizen, he is Indonesian;
neither Mr. Obama's place of birth or the nationality of his American parent
are relevant, the Indonesian Law takes precedence under The Master
Nationality Rule of Article 4 of the Hague Convention of 1930.
55. The United States accepts the existence of Dual Nationality only if
the other country does; however, Hague Conventions are applied by the
United States and this has been in effect since before 1930 (Memorandum
on Nationality, including Statelessness: Document A/CN.4/67, Prepared by
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 16 of 20
Ivan S Kerno, International Law Commission, United Nations General
Assembly, 6th April 1953.); thus, Mr. Barry Soetoro is not a "natural born"
citizen and my not even be a naturalized citizen.
ARGUMENT IN SUPPORT OF RELIEF
56. Petitioner / Plaintiff has standing to sue under the Freedom of
Information Act (FOIA), 5 U.S.C. § 552 et seq. (1994); and anyone denied
information under the Freedom of Information Act (FOIA), 5 U.S.C. § 552
et seq. (1994) has standing to sue regardless of his or her reasons. Akins
vs.FEC, 322 US. App. D.C. 58; 101 F.3d 731; 1996 U.S. App. LEXIS 31253
(1996), 524 U.S. 11 (1998); Public Citizen vs. FTC, 276 U.S. App. D.C.
222, 869 F.2d 1541(D.C. Cir. 1989).
57. Petitioner / Plaintiff has suffered an informational injury as a voter
and member of the public; and the lack of information on Mr. Barry
Soetoro's citizenship, caused by the State Departments action, limited the
information available to him as a voter and impaired his ability to influence
and inform the public and policymakers.
58. If a party is denied information that will help it in making a voting
decision that party is obviously injured in fact; and as stated in Akins, the
court noted that:
"[a] voter deprived of useful information at the time he or she votes suffers a particularized injury in some respects unique to him or herself
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 17 of 20
just as a government contractor, allegedly wrongfully deprived of information to be made available at the time bids are due, would suffer a particularized injury even if all other bidders also suffered an injury." 59. Even if all individuals who voted for any of the other Democratic
candidates for President, suffered the same injury that does not take away
from the individual injury that Petitioner / Plaintiff suffered.
60. Even assuming a request under FOIA triggered legitimate Privacy
Act concerns, the U.S. Department of State was required to provide
Petitioner with reasonably segregable portions of that correspondence, 5
U.S.C. §552(b); Department of State v. Ray, 502 U.S. 164 (1991) (disclosure
of personal information without identifying details), Baltimore Sun v.
Marshals Service, 131 F. Supp. 2d 725, 729 (D. Md. 2001) (identity of
purchasers of seized government property disclosed).
61. There are no per se rules of nondisclosure, see Stern v. FBI, 737 F.2d
84, 91 (D.C. Cir. 1984); and FOIA Exemption 6 does not justify the
withholding of information regarding individuals particularly where the
privacy interest is minimal and the public interest in disclosure is strong, and
the balance of interests under Exemption 6 "instructs the court to tilt the
balance in favor of disclosure." Getman v. NLRB, 450 F.2d 670, 674 (D.C.
Cir. 1971).
62. These issues can be easily resolved; the documents requested will
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 18 of 20
either prove that Barry Soetoro is in fact a "natural born" U.S. Citizen or
they will prove he is not, at which point he will have to be removed as the
Presidential candidate and would require a restraint upon the Electoral
College vote cast and certified on or after December 15, 2008; however,
after January 20, 2009 will require Defendant U.S. Department Of
Homeland Security with control of the Bureau of Customs and Border
Control to enforce U.S. Title 8 and related laws as to Mr. Barry Soetoro, and
the living person using the SSN: 535-40-8522 accordingly in coordination
with the U.S. Department of Justice.
63. For the above aforementioned reasons, the above requested
documents are of great public interest and without receiving said documents;
our Country is at risk of allowing an illegal candidate to serve as President
of the United States which constitutes a huge National Security dilemma.
64. The court determines whether disclosure is warranted by
"balanc[ing] the public interest in disclosure against the [privacy] interest
Congress intended the Exemption to protect." Dep't of Justice v. Reporters
Comm. for Freedom of Press, 489 U.S. 749, 776 (1989). The public interest
in disclosure lies in "open[ing] agency action to the light of public scrutiny,"
Reporters Comm., 489 U.S. at 772.
65. Under FOIA, 5 U.S.C. § 552, Attorney Fees and Costs are
Strunk v. U.S. Department of State et al. DCDC 08-cv-2234
Supplement Petition for Writ of Mandamus – Page 20 of 20
AMENDED V E R I F I C A T I O N
STATE OF NEW YORK ) ) ss. COUNTY OF KINGS ) Accordingly, I, Christopher Earl Strunk, being duly sworn, depose and say under penalty
of perjury:
1. That I am the Plaintiff / Petitioner, Christopher Earl Strunk, pro se without being
an attorney, with place for service at 593 Vanderbilt Avenue #281 Brooklyn, New
York 11238; Email: [email protected] Cell- (845) 901-6767.
2. I am an active voter within the New York 57th Assembly District (AD) and NY
18th Senate District (SD) created in April 2002.
3. I have read the attached Supplement Amended Petition in FOIA Case 08-cv-2234
for Extraordinary Relief in the Nature of a Writ of Mandamus and I know its
contents; the facts stated in the Petition are true to my own personal knowledge,
except as to the matters therein stated to be alleged on information and belief, and
as to those matters I believe it to be true. The grounds of my beliefs as to all
matters not stated upon information and belief are as follows: 3rd parties, books
and records, and personal knowledge. except as to those stated upon information
and belief, which I believe to be true.
________________________ Christopher Earl Strunk
Sworn to before me This ____ day of January 2009 _____________________ Notary Public
VERUI'IIED COMPLAINT and PETITION for WRlT OF MANDAMUS under F.O.I.A.
EXNIBIT "A"
Christopher Earl Stnmk 593 Vanderbilt Av- - #282 Brooklyn, New York 1 1 238
UNITED STATES DEPARTMENT OF STATE 2201 C StreetN.W WashingtMl D.C 20520
Attn: FOIA Wormation OBcer
Subject: Freedom of Lafhmion Act Request for tmvd rPconis of Stanley Ann Dunham ( M a ) .
To whom it may concern,
As ofright under the Freedom of I n f o d o n Act, 5 U.SC. subsection 552, I am reqwdhg hfmnation or records related to StanIey Ann Dunham born Novernber 29,1942 at Fort Leavenworth KS. US., a.ka. Stanley Ann Dtmhm Obama a.ka and who died on November 7,1995 rm&r the name Stanley Am Drmbam Soetoro (aka. Sutaro) for my and or all exit and entry records fw travel outside of the USA for the period befweea 1960 through 1963.
If there are anyfees for m b b g fer, reviewing, or copring the records, please let me know before you task my request.
lf y w deny alI or any part of this quest, please cite each specific Exemption you think justifies your refid to mlease the i n f o d m and not&rnr uf appeal pkc& availaMe under the law.
Sincerely yam,
VERIFIED CQMPLAWT and PETITION far WRIT OF MANDAMUS under F,O.I.A.
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EXHIBIT cCC"
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VEFUFIED COMPLAINT and PETITION for WRIT OF MANDAMUS under F.O.I.A.
VERIIFIED COMPLALNT and PETITION for WRIT OF MANDAMUS under F.O.1.A.
EXHIBIT "F;?
Thank you. Your request has been subm-W.
Thls is a request filed under the Freedom of Infomation Act.
Request Date: 11/22/2008 Request Reference Number: 88475
Return to FOIA Request Generator
Return to FOIA Home Page
The time period of my request is between 1/1/1960 and 12/31/1985
Description of request: As a matter of statutory responsibilty by act of Congress the U.S. Department is to maintarn records for the below listed natural persons and that pursuant to the Freedom of lnformation Act are to turn over the following documents on the following individual: 1. m n l e y Ann Dunham, a/k/a Ann Dunham a/k/a Stanley Ann Obama a/k/a Ann Obama a/k/a Stanley Ann Soetoro a/k/a Ann Soetoro a/k/a Stanley Ann Sutoro a/k/a Ann Sutoro a/k/a Stanley Ann Dusham Obama a/k/a Ann Dunham Obama, born November 29,1942 at Fort Leavenworth US. U.S., aka . Stanley Ann Dunham Obama and who died on November 7,1995 under the name Stanley Ann Dunham Soetoro (a.La. Sutoro), SSN: 535-40-8522; and 2. Barack Hussein Obama, Jr. a/k/a Barry Soetoro Date of Birth: August 4,1961 and The following documents for subjact (1) and (2). a. Any and all U.S. Applications for a U.S. Passport; b. Entry and Exit Passport Records pertaining to the United States and Kenya from the period of time of January 01,1960 to December 31,1975 and January 1,1979 to December 31,1985; c. Entry and Exit Passport RecoMs pertaining to the United States and Indonesia from the period of time of January 01,1960 to December 31,1973 and January 1,1979 to December 31,1985; d. The above travel records on for the dates specified travelling on a U.S. Passport, Kenyan Passport, Zndonesian Passport or any other foreign passport and/or visa; e. Foreign Birth Certificate registered and filed with the U.S. Embassy, Kenya and/or US. Embassy of Indonesia for Barack H. Obama a/k/a Barry Soetoro, Date of Birth: August 4, f 961; f. Foreign BirZh Registry filed with the U.S. Embassy, Kenya and/or U.S. Embassy of Indonesia by Stanlq Ann Dunham, et al. Registering the birth of Barack H. dbama a/k/a Barry Soetoro, Date of Birth: August 4,1961; and g. Adoption Records and/or Governmental "Acknowledgment" whereln Barack H. Obama a/k/a Barry Soetoro was "acknowledgedn as Lolo Soetoro, M.A8s son.
For faster processing please restrict the parameters of this FQIA request to the State Archiving 3 System (SAS)--over 25 million efectronfc records consisting of telegrams from mid-1973 to
present.
I am willing to pay fees for this request up to a maxjmum of $100.00
In order to help to determlne my status to assess fees, you should know that I am
a representative of the news media affiliated with and this T! request is made as part of a news gathering effort and not for commerciai use.(~dditional
documentation or comments will be required. See
affiliated with an educational or noncommercial scientific institution, and this request is made for a (3. scholarly or scientific purpose and not for commercial use.(Additional documentation will be required.
See
an Indlvldual seeking Information for personal use and not for comrnercial'use.
(3 afflliated with a private corporation and am seeking information for use in the company's business.
Additional Comments As a matter of record and follow-up: On October 17,2008,X filed a FOIA request regarding Stanley Ann Dunham (0bama)for the period from 1960 through 1963, via United States Postal Sewlce, Certified Mail, Return Receipt Requested; That on October 30, 2008, Respondent agent signed the return receipt for the FOIA request; and That as of this date November 21, Petitioner has still not receive any response, as required pursuant to 5 USC 552.
Thank you for your consideration of my request. Sincerely, Christopher Earl Strunk.
E-mail Address: cestrunck@ya hoo.com
Street Address : 593 VanderbiIt Avenue - #28 1 Brooklyn, New York 11238
Telephone Number: 845-901-6 7 67 Fax Number:
VERIFIED COMPLAINT and PETITION for WRIT OF MANDAMUS under F.O.I.A.
EXHIBIT "F"
Christopher Earl Strunk 593 Vanderbilt Avenue - #28 1 Brooklyn, New York 1 1238
November 22,2008
Office of Information Programs and Services A/?SS/IPSIRL U. S. Department of State Washington, D. C. 20522-8 100
Subject: Freedom of Information Act request support Declaration related to Reference Number: B8475.
Dear FOIA Officer:
The required declaration with original signature under 28 USC 1746 for the request with the referenced number that seeks personal information about a livina-pe~son, is herewith for your information and us, along with a confirmation copy of the actual FOIA request detailed and generated on this date.
Importantly, as a follow-up to my FOIA request of October 17,2008, having been recorded as received by the FOLA officer on October 30,2008, for which I received no response, a copy is attached herewith.
Theses matters are urgent and require expedited handling as time is of the essence and involve matters of irreparable harm if not handled emditiously.
Attached:
Sincerely yours,
Declaration with original signature; Copy of the FOIA request ref. no. B8475. Copy of FOIA request received October 30,2008.
Subject: Freedom of Information Act request support
Declaration related to Reference Number: B8475.
I, Christopher Earl Strunk, declare under penalty of perjury, pursuant to 28
U.S.C. 5 1746 as follows:
1. I am petitioner with place for service at 593 Vanderbilt Avenue
#281 Brooklyn, New York 1 123 8; Email: cestrufick@yd~oo. corn with Cell-
(845) 90 1-6767.
2. This declaration is in support of my Freedom of information
Act request related to Reference Number: B8475; and
3. Therequireddeclarationwithoriginalsignatu~eunder28USC
1746 for the request that seeks personal infomation about a living - person.
Respectfully submitted for relief as time is of the essence with imminent
irreparable h m that would result.
Dated: Novemberg , 2008 Brooklyn New York
cc:
Office of Information Programs and Services A/ISS/IPS/RL U. S. Department of State Washington, D. C. 20522-8 100
~hris to~hdr Earl Strunk
Thank 'you, Your request has been submitted.
fhls is B request R I ' d uhder $he Freedom of Information Act.
Request Pate: 11if22~2008 Request-Refe.rence.ff umber: 88475
O e m t i o n of requesk 4s a matter of statutory responsibitlty by act of Congress the U.S. Department is to m a i m in records for the below listed natural persans and that pursuant tro the Freedom of Tnformation A d are to turn over the fallawing documents on the following individual: 1. Stanley Ann Dunham, a/kja Ann bunham a/k/a Stanley Ann O b a m a/k/a Ann Obama afk f a Stanley Ann Soetoro a/k[a Ann Wekoro a/k/a Stanley Ann S-Q a/k/a 4nn Sutoro 8f k/a Stanley Ann Dunham Qbama a/k/a Ann Dunham Obama, born November 29,1942 at fort Leavenworth KS. U.S., a,k.a. Stanley Ann Dunham Obama and who died on November 7, 1995 under the name Stanley Ann Dunham !%Mom (a.k.ab Sutoro], SSM: 535-404522; and 2. Baradr Hussein Obama, Jr. a/k/a Barry Soetom Pate of Birth: August 4# 2961 and The fatlowing documents for subject (1) and (2): a. Any and all U.S. Appltcations for a U.S. Passport; b. Entry and Exit Passport Rwords p-inirrg to the Unitrad States and Kenye From the period of time of January 01,1960 to December 31,1975 and January 1,1979 to December 31,1985; c. and Exit Passport Records pettahitlg to the UnRed States and f ndonesk from the period of t?me of Jlanuary Oi, 1960 to December 31,1973 and January I, 1979 to ~eeember 31,198s; d. The above tritvet records on for the cfates specified t$walling on a US. Passport, Kenyan Passport, Indonesian Passport or arty other fordgn pass-& and/dr *a; e. Foreign Birth Certificate registered and filed with the U.S. Embassy, Kenya and/or U.S. Embassy of Indonesia for Bareck H. Obama a/kja Bany Soetoro, Date of Birth: August 4, 1961; f. Foreign Birth Registry filed with the U.S. Embassy, Kenya andjar US. Edassy of Indonesia by Stanley Ann Dunham, et al. Registering the birth of Etarack H. Obama a /k/a Barry Soetora, Date of Birth: August 4# 1961; and g, Adoption Records andlor Govemmenbl "Acknowledgment" wherein Barack H. dbama a/k/a Barry Soetoro was "acknowledged" as Lob Soetoro, M.A.'s eon.
Far fiKter processing please restrict the parameters of this FOfa request to the State Ardllvh¶ 1. System (sAs)--w~~ 25 mlllion e!&mnic records consisting af telegrams from mid- 1 73 to
it -- Pmm'-+ [ F 1 7 &7mOf B ~ I X PIsR~Q\* -
f am wllling to pay Fees for this request up to a maxtmum of $100.00
~ I W E ~ iW edw%~atW w a w m - 1 scmtifk inskiwtion, snd<@rs. request is, W e far 4 S&fhtiy nr &hMk2~m fix cqtnnad.l M.[-I dosummkatla WI ac ~guirad
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Additional Comments As a matter of record and follow-up: On October 17, 2008, I filed a FOIA request regarding Stanley Ann Dunham (0bama)for the period from 1960 through 1963, via United States Postal Service, Certified Mall, Return Receipt Requested; That on October 30, 2008, Respondent agent signed the return receipt for the FOIA request; and That as of this date November 21, Petitioner has still not receive any response, as required pursuant to 5 USC 552.
Thank you for your consideration of my request. Sincerely, Christopher Earl Strunk.
E-mail Address: [email protected]
Street Address : 593 Vanderbilt Avenue - #281 Brooklyn, New York 1123%
Teiephone Number: 845-901-67 67 Fax Number:
VERIFIED COMPLAINT and PETITTON for WRIT OF MANDAMUS under F.O.I.A.
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SUPPLEMENT TO THE VERIFIED COMPLAINT and PETITION for WRIT OF MANDAMUS under F.O.I.A.
EXHIBIT “H”
SUPPLEMENT TO THE VERIFIED COMPLAINT and PETITION for WRIT OF MANDAMUS under F.O.I.A.
EXHIBIT “I”
Christopher Earl Strunk 593 Vanderbilt Avenue - #28 1 Brooklyn, New York 1 1238
Bureau of Custoins and Border Control of the U.S. Department Of Homeland Security 799 9"' Street, N. W. Mint Annex Washington D.C 20229
Attn: Mark I-Ianson Director FOIA Division
Subject: Freedoin of Information Act Request for travel records of Stanley Ann Dunham (Obama) and Barack Hussein Obama. Jr. dWa Barry Soetoro.
Dear Director Hanson.
As of right under the Frccdo~n of Information Act: 5 U.S.C. subsection 552, 1 am requesting information or records related to:
a. Stanley Ann Dunham. M a Ann Dunhain aMa Stanley Ann Obama a/Wa Ann Obama alkla Stanley Ann Soetoro a/k/a Ann Soetoro a/k/a Stanley Ann Sutoro a/k/a Ann Sutoro a/k/a Stanley Ann Dunham Obama dWa Ann Dunhain Obama, born November 29. 1942 at Wichita KS. U.S., a k a . Stanley Ann Dunhain Obaina and who died on November 7, 1995 under the name Stanley Ann Dunhain Soetoro (a.k.a. S u t o r ~ ) ~ SSN: 535-40-8522: and
b. Barack Hussein Obaina. Jr. dk/a Barry Soetoro Date of Birth: August 4, 196 1 and as a living natural person; and
In regards to the following documents:
c. Any and all U.S. Applications for a U.S. Passport; d. Entry and Exit Passport Records pertaining to the United States
and Kenya from the period of time of January 0 1. 1960 to December 3 1. 1975 and January 1. 1979 to December 3 1, 1985;
c. Entry and Exit Passport Records pertaining to the United States and Indonesia from the period of lime of January 0 I , 1960 to December 3 1. 1973 and Januaq- 1. 1979 to December 3 1, 1985:
f. The above travel records on for the dates specified traveling on a U.S. I'assport. Kenyan I'assport. Indonesian Passport or any other foreign passport and/or visa:
0 Foreign Birth Certificate registered and filed ivith thc U.S. Embassy. E'
Kenya and/or U.S. Embassy of Indonesia for Barack 1-1. Obama a/k/a Harry Soetoro. Date of Birth: August 4. 1 96 1 :
h. Foreign Birth Registry filed with the U.S. Embassy. Kenya and/or U.S. Embassy of Indonesia by Stanley Ann Dunham. et al. Registering the birth of Barack M. Obama a/k/a Barry Soetoro, Date of Birth: August 4, 196 1 : and
i. Adoption Records and/or Governmental "Acknon-ledgment" wherein Barack 11. Obama a/k/a Barry Soetoro was "ackno~vledged" as Lolo Soetoro, M.A.'s son.
I. Christopher Earl Strunk. declare under penalty of perjury. pursuant to 28 U.S.C. 9 1746 as follows:
I am petitioner with place for service at 593 Vanderbilt Avenue #281 Brooklyn. New York 1 1238: Email: [email protected] with Cell- (845) 90 1 - 6767.
This declaration is in support of my Freedom of Information Act request that seeks personal information about a living person subject Barry Soetoro a/k/a Barack Hussein Obarna. as a matter of personal non co~nmercial use; and that
In addition the deceased person who died on November 7. 1995 under the name Stanley Ann Ilunharn Soetoro (a.k.a. Sutoro). with SSN: 535-40-8522. remains deceased according to a Wikipedia report (see attached). and as a matter of Bureau of Custo~ns and Border Control concern. based upon information and belief there is an imposter presently using the deceased SSN: 535-40-8522 for employment at the Ford Foundation and is residing in New York City.
If there are any fees for searching for. reviewing, or copying the records. please let me h o \ v before you task my request.
If you deny all or an>- part of this request. please cite each specific Exemption you tliinkjustifies your rehsal to release the inlormation and notify me of appeal procedures available under the law.
A A
Dated: December Brooklyn New York
- Christopher Earl Strunk
attachment
Stanley Ann Dun ham : From Wikipedia. the f i re encyclopedia
Ann Dunham -
Photo of' Ann Dunham. circa 197 1
Stanley Ann Dunham
Born November 29, 1942
Fort Leavenworth. Kansas.
Died November 7. 1995 (aged 57)
Honolulu, Hawaii,
Cause of death Ovarian and uterine cancer
Resting place Pacific Ocean
Nationality American
Education B.A., M.A., P~.D.["
Alma mater Universitv of Hawaii
Occupation Rural development
Home town -- Wichita Kansas
Barack Obarna (Sr.1
(1 96 1-1 964) (divorced)
Lolo Soetoro
(c. 1967-1 980) (divorced)
\vas an anthropolo~ist who specialized in rural development. Born in Kansas. Dunliani attended high school near Seattle, Washington. and spent most of her adult life in I-lawaii. She was the mother of United States Senator and presidential candidate
Early life
Ann Dunham was born in Fort Leavenworth, (some say Wichita, ~ a n s a s ) , ~ while
her father was in the n ~ i l i t a r y . ~ She was named after her father,lil who reportedly gave his daughter and only child his name because he had wanted a boy: however. she \vas referred to as " ~ n n . " ~
ller parents. Stanley Arnlour Dunham (born on March 23. 191 8. raised in El Dorado. Kansas. died Februaq- 8. 1992-buried in the Punchbowl National Cemetery) and Madelvn Dunham (nee Madelyn Lee Payne) (kvho was born in 1922 and raised in Augusta Kansas and is still living in Honolulu. Hawaii), met in Wichita. Kansas. and married on May 5. 1 9 4 0 . ~
After the Pearl Harbor attack her father joined the Army and her mother worked at a Boeing plant in ~ i c h i t a . ~ At the end of World War I1 she moved with her parents to California, - Texas, and Seattle. Washington. ~vhere her father was a furniture salesman and her mother worked for a bank. The family nloved
Barack Obarna to Mercer Island. Washington. in 1956 so that Children 13-year old Ann could attend the Mercer
Maya Soetoro-Ng Island high school that had just opened.u
Parents Madelyri and Stanley Dunharn where teachers Val Foubcrt and Jim Wichterman taught the importance of challenging societal norms and questioning
Stanley Ann Dunham Soetoro (November authority. Dunhan~ took the lessons to heart: 29. 1942 - November 7. 1995). known as "She felt she didn't need to date or marry or Ann Dunham. and later as Ann !3utoroLll ha\-e children." A classmate remembers her as
"intellectually way more mature than we were and a little bit ahead of her time, in an off-center ~ a y . " ~ . One high school friend described her as: "If you were concerned about something going wrong in the world. Stanley [Ann] would know about it first ... We were liberals before we knew what liberals were." Another called her "the original feminist."16-l
Move to Hawaii and first marriage
In 1959 Dullham's parents moved to Hawaii to pursue further business opportunities in the new state. She soon enrolled at the University of Hawaii at Manoa, where she studied anthropologv. She met Barack Obama Sr., a student from Kenva and the school's first African student, in a Russian language class at the ~ n i v e r s i t ~ . ~ When they became engaged. both sets of parents opposed the marriage. with Obanla's father in particular objecting. Nevertheless, the couple married on Febniary 2, 1961 in Maui. Hawaii, after discovering she was pregnant. m
On August 4. 196 1 , at age 18. she gave birth to her first child. named Barack Obanla 11.
In an interview, Senator Obanla referred to his mother as "the dominant figure in my fornlative years ... The values she taught ine continue to be my touchstone when it comes to how I go about the world of politics."u
Obama Sr. left i h and their son in 1963, when he began studying at H m a r d Universitv in Cambridge. Massachusetts. Dunham filed for divorce in Honolulu. Hawaii in January 1964: Obama did not contest it and the divorce was granted.w The senior Obanla obtained a masters degree in economics at Harvard and in 1965. returned to Kenya. wrhere he obtained a position in the Kenyan government. Friends report that. later in life. he "was drinking too much" and became bitter and frustratedu He was killed in an automobile accident in 1 98LLsl Ann Dunham and Barack Obama
References
1. Amanda Kipley (2008-04-09). "The Stow of Barack Obama's Mother". m. Retrieved on 2007-04-09. 2. ~ l k ~ d e f g h _ L i Scott. Janny (2008-03-1 4). "A Free-Spirited Wanderer Who Set Obama's Path". New lork Tin~es.
Retrieved on 2008-03-2 1 . 3. A C L C Fred Mann (2008-02-02). "Kansas roots show in Obama", The Ftricl?ita Ea~le . via w. p. 1 B. Retrieved on
2008-04-0 1 . 3. A ht~://wnw.wares.com/politicaI/oban~a.litml 5. : Obama Press Office (2008-0 1-29). "Gov. Kathleen Sebelius Endorses Rarack Obama". Reuters. Retrieved on
2008-04-0 1. 6. ~ r t h ~ d ~ i h ? B ~ . ~ r n Jones (2007-03-27). "Obarna's mom: No1 iust a girl from Kansas: Strong personalities shaped a
future senator". Cl7icaao Tribune. Retrieved on 2008-01-22. 7. " = "A Special Report: The Obama Family Tree". Chicago Sun-Tinres (2007-09-09). Retrieved on 2008-04-01.
8. 2 Muliro Telewa (2004-08-20). "US election makes waves in Kenva", BDC N E ~ I ' S . Retrieved on 2008-04-01.