...(W)e can easily see the chilling effect that the Court’s sanction will have to not only people resorting to our court’s in search of what they deem to be justice, but also stifling the free exercise of political speech and discourse in all corners of America.

The New York State Court Should Not Sanction Pro Se Plaintiff, Christopher Earl Strunk, for His "Natural Born Citizen" Litigation

The New York State Court Should Not Sanction Pro Se Plaintiff, Christopher  
                     Earl Strunk, for His “Natural Born Citizen” Litigation


                                         By Mario Apuzzo, Esq.
                                                May 6, 2012

On Monday, May 7, 2012, at 2:30 p.m., pro se litigant, Christopher Earl Strunk, will have to show cause before Hon. Arthur M. Schack, at Part 27, in Room 479, 360 Adams Street, Brooklyn, New York 11201, why he should not be made to pay for the defendants’ attorneys’ fees in his case in which he claims that putative President Barack Obama is not an Article II “natural born Citizen” because he was not born to citizen parents. There are many attorneys involved and one can just imagine the size of the bill that they will present to the Court.

Here are the facts that give rise to Strunk’s legal action. Pro se litigant, Christopher Earl Strunk, commenced his election challenge case in the Supreme Court of the State of New York by filing a complaint on March 22, 2011, in which he alleged “breach of state constitutional fiduciary duty by the NEW YORK( STATE BOARD OF ELECTIONS and public officer defendants; denial of equal protection for voter expectation of a correct ballot; denial of substantive due process for voter expectation of a correct ballot; interference with the right to a republican form of government by the two Jesuit defendants and defendant F.A.O. SCHWARZ, JR., who were all members of the New York City Campaign Finance Board; interference with plaintiffs election franchise; a scheme to defraud plaintiff of a reasonable expectation of successful participation in the suffrage process; and, a scheme by all defendants for unjust enrichment.” Decision and Order, p. 3-4. He included as a defendant “Soebarkah (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama, a.k.a. Steve Dunham.

The defendant filed motions with Hon. Arthur M. Schack to dismiss Strunk’s complaint with prejudice. Strunk along with defendants many attorneys had oral argument on the motions before Judge Schack in August 2011. Judge Schack includes in his Decision and Order parts of the transcript of that oral argument. Judge Schack reserved decision.

While his case was pending, it was brought to Strunk’s attention that the State of New York’s instructions for getting on the presidential ballot, rather than state that a presidential candidate has to be a “natural born Citizen” pursuant to Article II, Section 1, Clause 5, said that the President only had to be “Born a Citizen.” He wrote to the state election authorities and pointed out the error. He asked that a correction be made to state that a presidential candidate must be a “natural born Citizen” which is what Article II, Section 1, Clause 5 of our Constitution clearly and plainly states.

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