Allen v. Soetoro assured standing in FOIA claim
By Linda Bentley | July 15, 2009
FOIA’s basic purpose – opening agency action to the light of public scrutiny
TUCSON – On July 6, Kenneth Allen, a Tucson resident, filed a complaint in U.S. District Court for the District of Arizona against Barry Soetoro, aka Barrack H. Obama, aka Barry Obama; Attorney General Eric Holder; Secretary of State Hillary Clinton; Department of Homeland Security (DHS) Secretary Janet Napolitano; and Does 1-49.
The action was filed pursuant to Allen’s Feb. 9, 2009 Freedom Of Information Act (FOIA) request seeking immediate processing and release of agency records with regard to Barry Soetoro, Stanley Ann Soetoro and Lolo Soetoro and all known and unknown aliases.
Allen brought the complaint on his own behalf after defendants blatantly refused to produce the yet-to-be-released documents in a timely manner.
According to the complaint, on Monday, Jan. 26, 2009, his first day in office, President Barack Obama signed Executive Order 13490-Ethics Commitments, which stated only the Attorney General (Eric Holder) and Counsel to the President (Gregory Craig) are able to review presidential records requests and determine whether or not they can be made public.
On his Illinois State Bar application where it asked for other names used by the applicant, Obama stated, “none.”
Allen states, “Because … Barack Obama denies he was ever called Barry Soetoro it shouldn’t be a problem with transparency when it comes to producing the requested records … And because Barry Soetoro is not a citizen, as defined by the law, he isn’t protected by the FOIA.”
According to Allen, Indonesia has not allowed dual citizenship since 1945 and, therefore, Soetoro’s mother Stanley Ann Soetoro would have been required to relinquish her son’s American citizenship and any other citizenship he might have held, in order for him to become an Indonesian citizen, which school records confirm he became.
So, Allen modified his request to ask for an original copy of the immigration records pertaining to Barry Soetoro, circa 1971, when he returned to Hawaii, along with documents indicating whether or not Soetoro is still an Indonesian citizen. If not, Allen asked for documentation as to when he became a naturalized citizen.
Allen requested copies of Soetoro’s passports for the years 1979 through 1982, including his Indonesian passport for the years 1979 through 1982, a copy of his passport and documented history of travel to Pakistan and nationality contained therein for the years 1981 and 1982.
He also requested a copy of Stanley Ann Soetoro’s (Dunham and Obama) passport and travel history for the years 1959 through 1987 along with the same for Lolo Soetoro, citing the requests were not subject to 6 CFR § 5.21(f), which requires permission from the individual, because both subjects are deceased.
Citing the Privacy Act’s laudable goals of protecting sensitive information, Allen said it only protects U.S. citizens and permanent resident aliens and “does not apply not foreigners, unions, collective associations or corporations.”
Allen asserts Barry Soetoro is neither a citizen of the United States nor an alien with permanent residence and said “… we know Barry Soetoro was an Indonesian citizen at the age of 7 and that he had ties in Hawaii,” noting Soetoro would have had to have gone through immigration and customs at some point between 1961 and 2009.”
The information requested by Allen could prove Soetoro is in violation of a number of laws under the Immigration and Nationality Act, including falsely claiming citizenship.
Allen said the information sought would undeniably shed light on the DHS and U.S. Citizenship and Immigration Services conduct concerning its Indonesian and foreign repatriation policy.
Considering the fact Napolitano believes veterans, Second Amendment and pro-life supporters should be considered terrorists, Allen said she shouldn’t have any problem with the release of information revealing the source of the facts underlying an aspect of the nation’s immigration policy as it pertains to Barry Soetoro, Stanley Ann Soetoro and Lolo Soetoro.
He said it would further the FOIA’s basic purpose of opening agency action to the light of public scrutiny by informing the public against whom the government enforced its policy of repatriation and upon whom the DHS relied in evaluating and deciding to continue that policy, rather than denying Allen’s request for records concerning Barry Soetoro and his connection to Barack H. Obama.
Allen believes any information that may exist with respect to Barry Soetoro should be released in the interest of national security and, because his complaint is over a FOIA request, there can be no question of standing.
For requested relief, Allen is asking the court to order defendants to immediately process his FOIA requests, disclose the requested records in an expedited manner and find the defendants’ action in violation of the FOIA.