January 21, 2013
The Honorable Gary G. Kreep
San Diego Superior Court
220 W. Broadway Dept. 3
San Diego, CA 92101
RE: Your fairness and impartiality as a judge
Dear Judge Kreep:
The NAACP San Diego Branch (hereinafter “the NAACP SD”) acknowledges your election as Judge of the San Diego Superior Court. At the same time the NAACP SD is keenly aware of your numerous statements that deny that President Barack H. Obama is an American citizen and therefore unqualified to be the President of the United States of America.
For example, you were counsel of record for petitioners Alan Keyes, et al. on a lawsuit which was filed against President Obama challenging his American citizenship. This lawsuit ultimately resulted in the U.S. Supreme Court’s denial of your petition for writ of certiorari on June 11, 2012, after President Obama had waived his right to respond to the petition.
In August, 2012, as Executive Director of the Ramona based United States Justice Foundation, you sought “urgent” monetary contributions to fund lawsuits in Illinois, Georgia, and California in which you and others advocated that President Obama must be required to prove his eligibility to run for and serve as President, or be removed from the ballot in key states. Prior to your request for money to support this litigation, the President had publicly produced his official long form birth certificate demonstrating that he was born in the State of Hawaii, and it was widely known that his mother was an American citizen.
There are many other examples of your positions which purport to deny that President Obama is an American citizen. In a June, 2012 KPBS television interview, you publicly questioned what your “birther” positions had to do “with being a judge.” Here is the answer: An overwhelming number of Americans, and in particular African Americans, justifiably consider those individuals and organizations that deny that the President Obama is an American citizen to be right wing extremists and/or outright racists. Many African Americans believe that those who continue to advocate that the President is not an American citizen, do so because they resent and refuse to accept the fact that an African American is the President of the United States of America.
In this context, the NAACP SD asserts that you cannot be a fair and impartial judge of the San Diego Superior Court and cling to your “birther” position.
The NAACP San Diego Branch demands that you publically affirm that President Barack Obama is the legitimate President of the United States of America.
A response is requested by February 15, 2013.
Very truly yours,
Douglas A. Oden, Esq.
Chair, Legal Redress Committee, NAACP San Diego Branch
cc: President Barack H. Obama
Ben Jealous, NAACP President and CEO
Alice A. Huffman, President, NAACP CA State Conference
The Hon. Robert J. Trentacosta, Presiding Judge of the San Diego Superior Court
Commission on Judicial Performance
Hon. Dr. Shirley N. Weber, Assemblymember, CA 79th Assembly District
Dr. John E. Warren, The San Diego Voice & Viewpoint
January 21, 2013