A Whitley County man, who ran for U.S. Senate as a Republican this year, wants a judge to rule on whether President Elect Barack Obama is qualified to take office in January.
In a complaint filed Nov. 25 in U.S. District Court in London, Daniel Essek, a 47-year-old truck driver who lives in the Lot community of Whitley County, makes a “demand for disclosure and qualification” regarding Obama’s place of birth. He claims he is the founder of the “Society for Liberty and Prosperity” and wants the court to “order and demand of Mr. Obama to IMMEDIATELY tender to this Court such documents which are necessary and acceptable to the Court to prove Compliance with the United States Constitution, Article II, Section 1, Paragraph 5, which states: ‘No person except a natural born citizen … shall be eligible for the office of President.”
Essek, who said he voted for Republican Presidential candidate John McCain in the November General Election, said he has no personal problem with Obama, but just wants to clarify the origin of his birth.
“I have questions about him being naturally born in the United States,” Essek said in an interview Tuesday. “To tell you the truth, I don’t know. The allegation is that he was born in Mombasa, Kenya.”
“I just want the truth to be shown. I want the truth to come out,” he added. “If he is qualified, then he is qualified and is deserving of respect.”
Obama, who won his election bid by overwhelming majority, claims he was born in Honolulu, Hawaii on August 4, 1961. Questions about his birthplace surfaced during the campaign. He attempted to answer them by providing a birth certificate to media.
Essek said that birth certificate does not contain a state seal, or the weight of Obama at birth – all things he claims would be present on a legitimate document.
“I’m asking the court to verify the legitimacy of his documents,” Essek said.
Essek said he has had experience arguing on his own behalf in court before, claiming he won a dispute with a landlord in a recent civil action.
“All by myself, I took on three attorneys and I won the case,” he said.
He is proceeding with his federal case “in Forma Pauperis” which means he does not have enough money to pay filing fees. In court documents he claims to have only made $15,000 last year and has a monthly income of only about $1,500. He said he spent about $1,500 on his recent campaign for U.S. Senate and is still trying to recover from those expenditures. Essek is asking for a summary judgment in the case and said he doesn’t anticipate having to actually argue the issue in court. If properly filed, Obama will have 30 days to answer the claims made in the lawsuit or would, according to the federal rules of civil procedure, be assumed to admit to the allegations.
“I drive my wife crazy with this stuff but, all in all, she has told me how proud she is of me for standing up for God and country and living up to the oath I took some years ago.”
Essek formerly served in the U.S. Army.
A spokesman for Obama could not be reached for comment by press time.
See a copy of Essek’s lawsuit and Barack Obama’s birth certificate by clicking on the appropriate links below.