President of the United States
President George W. Bush
1600 Pennsylvania Avenue NW
Washington, DC 20500 Michael B Mukasey
United States Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001 Senate Majority Leader
Honorable Harry Reid
528 Hart Senate Office Building
Washington DC 20510 Senate Minority Leader
Honorable Mitch McConnell
361-A Russell Senate Office Building
Washington DC 20510 President of the U.S. Senate
Vice President Richard B. Cheney
1600 Pennsylvania Avenue NW
Washington, DC 20500 United States Senate President Pro Tempore
Honorable Robert C. Byrd
311 Hart Senate Office Building
Washington, DC 20510 Office of the Speaker of the U.S. House
Honorable Nancy Pelosi
235 Cannon HOB
Washington, DC 20515 U.S. House - Office of the Majority Leader
Honorable Steny Hoyer
1705 Longworth House Office Building
Washington, D.C. 20515 U.S. House - Office of the Republican Leader
Honorable John Boehner
1011 Longworth Building
Washington, DC 20515
Re: Demand for Concerted Proceeding Regarding Eligibility of President-Elect Barack Obama Dear Mr. President and the Leaders of the United States Congress:
I am the concerned citizen who wrote Congress and the pertinent Committees last week, urgently requesting action on the crisis regarding the eligibility of the President-elect and the need for a formal proceeding, and I copied some of you on my letter to the acting Administrator of the General Service Administration protesting the distribution of interim funds and office space to apparent President-elect Mr. Barack Obama that has occurred since the election. I am writing to request extenuation of the January 6th Joint Session, where necessary; intervention by Congress in conjunction with or superceding to the Joint Session; and/or Presidential intervention, because of the urgency and extraordinary nature of this issue. I claim, in addition to my first letter's request for an exercising of authority, that such an exercising, including by our esteemed President and/or Vice President, is warranted, and may take place outside of the scope of Title 3 Chapter 1, or, if so circumscribed, there is regardless, avenue in Chapter 1 to adapt to these unusual circumstances. I demand this action. I keep my reasons herein to a minimum but they are plainly extraordinary, as any citizen is aware. Because the apparent President-elect has, under a reasonable probability standard, made fraud upon the voters and most State Directors of Elections, and, under that standard, has not shown himself to be eligible for office under Article II Section 1, not even the objection of a one (1) representative from each house, under 3 U.S.C.§ 15, is required to initiate a Congressional Inquiry or similar measure, because the circumstances are, in reality, a set of facts much more serious and Constitutional-basic than a State contest, which is the emphasis, if not the express scope of Title 3 Chapter 1. As stated by me in my letter initially broaching this issue, there are numerous state cases pending, any of which may prove catalyst for an opinion by a state Supreme Court or the United States Supreme Court. The election has not mooted this issue, whereas an inauguration might. Naturally a resolution by the Joint Session is desirable to many. The matter, from the Pennsylvania Supreme Court perspective alone, is appropriate for objection under the letter of 3 U.S.C.§ 15, because it is an issue of validity of the certified canvass of electors, involving a lawful tribunal, namely, whether the certification of the electors is valid as transmitted (if it has been), or is overshadowed by a transmittal that awaits determination by the Pennsylvania Supreme Court (the prior transmittal void pursuant to automatic stay under Pa.R.A.P. 1707) on my petition for writ of mandamus demanding quick investigation of qualification as a natural born citizen. For the reasons roughly stated in this letter, and under Chapter 1,you have every authority and duty to delay the counting of the ballot on January 6, 2008, or to extend the permitted recess or withdrawal for deliberations on any objections to the count, for the few days or more that would be needed for a simple investigation into the apparent President-elect's eligibility. The Bush/Gore 2002 ballot matter has shown recent implementation of such leeway. The directive in 3 U.S.C § 5 is inapplicable to some of the state challenges, including mine, Pa.S.C.199 MM 2008, because this issue is, in fact, not a matter of "appointment of electors." Pennsylvania law does not provide a process for a challenge of that sort, regardless, this ssue being as it is a matter of eligibility, or certifiability of the vote, rather than appointment of electors. Thus, §5 has established no time limit, because there is no state statute "for [a] final determination of any controversy or contest concerning the appointment of all or any of the electors of such State". The Attorney General has additional support to look into this issue because of the possibility of fraud upon the voters, and of intent to further such fraud, and intent to make fraud despite the resulting feasibility of citizen dissatisafaction with a near- or post-election investigation, and a resulting (and intended) trepidation on the part of leaders to foment this very investigation. It is noteworthy that Pennsylvania, like most states, has many different sections setting up penalties for violations of the election laws, including for false swearing in a candidate affidavit. Mr. Barack Obama’s unwillingness to cooperate with courts is additional support for said reasonable probability. Whether within or without the thresholds set up in Title 3 Chapter 1, the data required to be analyzed, and decision regarding eligibility, are simple and readily fomented and aquired. Numerous clear cut matters including the prior, unresolved claims in many states regarding ACORN and similar issues, require investigation by a centralized authority. In light of the Democratic members of the Houses' possible disagreement with these even handed means of resolution, it is my demand that both Leaderships must cooperate, and that Congress, and the Secretary of the Senate, act, with the most serious of demeanors. This is warranted especially because no state, and no or few electors, have taken the initiative despite the urgent nature of this issue. I demand that the Joint Session promulgate and enforce a resolution or other appropriate means causing an immediate investigation and resolution of this egregious issue. If Congress and the Vice President find themselves unable or unqualified, the President, under the extraordinary powers clearly available to him, and under the presently utilized National Emergencies Act, is authorized to initiate emergency action by the Department of Justice, for instance, and to place any number of temporary means of continuing a singular head of the executive branch, in the event that the process continued past January 6, 2009, and I demand this. This in fact overlaps or is warranted due to the present national emergency. These measures are additionally mandated because the process in Chapter 1, as seen in it's apparent focus on the mechanisms of the ballot , e.g. 3 U.S.C.§ 15, is too easily affected by politics. This is why I have copied my recent letter to Mr. James Williams, Acting Administrator of the General Servics Administration, claiming fraud as inhibiting to distribution of interim and inauguration funds, to the United States Attorney General. An urgent investigation by the Attorney General into the eligibility question and any resulting violation(s) is warranted under various statutes, and would demonstrate to the public that a legitimate and clear cut issue exists that is readily solved through existing government channels. Lastly, I believe that there is, in these circumstances, a clear mandate for reevaluation of the election and where appropriate, a new election. The directive that, upon vacancy, the office shall devolve on the Vice President, is inapplicable and/or irrelevant until after inauguration. The resulting prospect is not an overwhelming one in any sense. The amount of recent financial assistance granted various businesses suffering from the malaise of economic fluctuations, for instance, has well exceeded the relatively small amount of funds that might be expended for a new election. And as I have claimed in my petition in the Pennsylvania Supreme Court, the American People, including those who ardently supported Mr. Barack Obama, are not interested in any upwelling or disobedience. The election had a calm and civilized demeanor, and regardless, the reason for new election is a purely foundational requirement, and results from acts by the candidate himself, not an interloper.
I implore all members of all parties to keep the future of the nation in mind. There is here, including under the oaths sworn by you, a requirement to uphold the Constitution, that stands well above any needs of politics and idealism.
Thank you. Please contact me if I can be of any assistance or further information. Sincerely,
James D. Schneller
cc USPS First Class Mail : all recipients cc EMAIL and FAX : Chairpersons, all Congressional Committees, Honorable Chief Justice Yvette Kane, Chief Justice of the U.S. Middle District of Pennsylvania; Archivist of the United States; Acting Administrator James A. Williams; Federal Election Commission, Republican National Committee, Democratic National Committee, Barack Obama Esquire, all plaintiffs in the stated pending litigation
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