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A lawyer threatened by a federal judge with sanctions for filing one of the myriad legal challenges to President Obama’s eligibility has responded by criticizing the judge for relying on “hearsay” blog information for his decision and suggesting he should be given a hearing that could include discovery of the president’s original birth certificate.

“This is not what Plaintiff Hollister’s concern is,” Hemenway wrote in a court-required response. “Plaintiff Hollister is a retired colonel, who is subject to recall. Plaintiff’s concern is how an order received from Soetoro/Obama is to be regarded. Would it be a legal order which he must obey or an illegal order which he must disobey?

“These are not frivolous matters, as the learned Judge Robertson has suggested. Possible illegal orders are a matter of great concern to officers in the armed forces. Undersigned counsel himself entered the Army of the United States during WWII and was promoted to Infantry Second Lieutenant preparing for the anticipated landings in Japan which were scheduled for November 1, 1945. But for President Truman’s use of nuclear weapons to end the war, this would have transpired. The legality of orders in and out of combat is of paramount importance,” he wrote.

 

Hemenway continued with a “second point” Robertson raised.

That is, he said, that “the president of the United States had been properly vetted.”

“This assumes facts not in evidence and was not addressed. It is clear that the constitutional qualifications of President Soetoro/Obama have not been properly vetted. Judge Robertson even cites an earlier case filed in Pennsylvania by one of the two lead attorneys in this case, in which the judge claimed candidates in the recent presidential election had never been more closely vetted. Nothing was further from the truth. Effectively, the Pennsylvania District Court judge was introducing his own hearsay and opinion into the case as if it were acceptable evidence,” Hemenway wrote.

It is sad to read this court’s use of material from the Internet to imply that the issues in the numerous lawsuits filed have been resolved by the ‘twittering and blogging’ to determine that the litigants are invoking ‘conspiracy theorists.’ It suggests that the intellectual capacity of this court focused on the issues in the instant suit at a very low level, perhaps for political purposes, such as to win attention from the highest authority when a seat on the Supreme Court of the United States becomes vacant,” Hemenway wrote.

Further, Hemenway wrote, Robertson is threatening him with sanctions for “the costs allegedly borne by the defendants when all that would be necessary to terminate this political chicanery (substitute ‘crisis’) that now has involved hundreds of thousands of concerned citizens would be for President Obama to display his actual birth certificate.”

Instead, ranks of attorneys have been hired to block “access to his records by sealing his college records, refusing access to his ‘vault’ birth certificate; and all other documents which would provide his citizenship status.”

Hemenway said, “Defendant Soetoro/Obama has never responded. Instead, a document [purporting] to be Soetoro/Obama’s birth certificate was placed on the Internet in sites including, but not limited to: factcheck.org, dailykos.com and fightthesmears.com.

“This image so presented was later challenged by a forensic expert as a forged and/or altered document. … It is a widely recognized legal principle that, when a false or modified or counterfeit document is presented as the original, under discovery, the actual document must be presented,” he said.

“Moreover, this document is a Certification of Live Birth which is issued by the Hawaiian State Government when births abroad or births occurring outside of a hospital are registered with the Hawaii Department of Health. A proper birth certificate provides information as to where the child was born, weight, length, parent’s information, doctor information, etc. The Certification of Live Birth provided by Soetoro/Obama only shows he was born – somewhere,” he said.

In a commentary at FamilySecurityMatters.org, Margaret Calhoun Hemenway, a former White House appointee serving in the Department of Defense and at NASA, said that Obama “regularly referred to himself as ‘a constitutional law professor.'”

“Mr. Obama’s professed respect for the Constitution doesn’t seem to include its clear-cut qualifications for president in Article 2, Section 1, which directly impacts upon whether he is entitled to hold the current political position to which the voters entrusted him,” she wrote.

“Sadly, the American people depend upon a vetting process for national candidates which evidently is, truly and astonishingly, non-existent. Instead of actual verification of genuine documents to determine citizenship by some impartial board or committee, the vetting process appears to have become subjugated in the case of Mr. Obama to competing campaigns or partisan websites, a flawed Internet phenomenon which Judge Robertson referenced as Twittering and blogging, and online postings of suspect copies of documents, which should never have been a substitute for the judge’s constitutional duty to examine evidence and rule on facts, bolstered by legal and forensic experts, not opinions from the blogosphere.”

John Hemenway also said the judge’s description of Berg and an associate as “agents provocateurs” was “prejudicial.”

The legitimate questions about Obama’s birth certificate are just too many to ignore, he continued.

“It should also be noted, Soetoro/Obama’s sister, Maya Soetoro-Ng was born in Indonesia and today is classifiable as a ‘naturalized citizen.’ However, her birth was registered in Hawaii and she, too, maintains a Certification of Live Birth,” he wrote.

“Plaintiff submitted Barry Soetoro’s (a/k/a Barack H. Obama’s) Indonesian school record showing Soetoro/Obama’s citizenship status as ‘Indonesian,’ his name as ‘Barry Soetoro,’ etc. Soetoro/Obama has admitted to attending the Indonesian public Schools. … Furthermore … Indonesia did not allow foreign students to attend their public schools in the late 1960’s or 1970’s, and any time a child was registered for a public school, the child’s name and citizenship status were verified through the Indonesian government,” Hemenway said.

It is not helpful for a United States district judge to endorse obfuscation when a constitutional issue is involved. Under these circumstances, to threaten sanctions against an attorney who, in good faith assisted in the filing of a lawsuit involving issues none of the many judges and attorneys from coast to coast have found ‘frivolous’ is to employ the Rule 11 as a device to deprive the undersigned attorney of his civil rights and the right to due process. Without even a hearing or access to discovery being granted to defend against the charges, such a sanction would be a veritable lynching,” Hemenway challenged.

“If the court persists in pressing Rule 11 procedures against Hemenway, then Hemenway should be allowed all of the discovery pertinent to the procedures as court precedents have permitted in the past,” he said.

The court has referred to a number of facts outside of the record of this particular case and, therefore, the undersigned is particularly entitled to a hearing to get the truth of those matters into the record. This may require the court to authorize some discovery,” Hemenway said.

WND has reported on dozens of legal challenges to Obama’s status as a “natural born citizen.” The Constitution, Article 2, Section 1, states, “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.”

Some of the lawsuits question whether Obama was actually born in Hawaii, as he insists. If he was born out of the country, Obama’s American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.

Other challenges have focused on Obama’s citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born. Further complicating the issue are the reports he was adopted by an Indonesia man during his childhood and moved to Indonesia and attended school there. There also are questions on what nation’s passport he traveled to Pakistan.

Lawyers and plaintiffs in a multitude of lawsuits also have asked why, if a birth certificate actually reflects that Obama was born in Hawaii, has he spent sums estimated by observers of up to $1 million hiring various law firms to keep concealed his birth certificate, his college records and other documentation.

John Eidsmoe, an expert on the U.S. Constitution now working with the Foundation on Moral Law, told WND a demand for verification of Obama’s eligibility appears to be legitimate.

Eidsmoe said it’s clear that Obama has something in the documentation of his history, including his birth certificate, college records and other documents that “he does not want the public to know.”

Although Obama officials have told WND all such allegations are “garbage,” here is a partial listing and status update for some of the cases over Obama’s eligibility:

  • New Jersey attorney Mario Apuzzo has filed a case on behalf of Charles Kerchner and others alleging Congress didn’t properly ascertain that Obama is qualified to hold the office of president.
  • Pennsylvania Democrat Philip Berg has three cases pending, including Berg vs. Obama in the 3rd U.S. Circuit Court of Appeals, a separate Berg vs. Obama which is under seal at the U.S. District Court level and Hollister vs. Soetoro a/k/a Obama, (now dismissed) brought on behalf of a retired military member who could be facing recall to active duty by Obama.
  • Leo Donofrio of New Jersey filed a lawsuit claiming Obama’s dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.
  • Cort Wrotnowski filed suit against Connecticut’s secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.
  • Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state’s 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public’s support.
  • Chicago attorney Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama’s vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.
  • Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama’s eligibility could be confirmed, alleging doubt about Obama’s citizenship. His case was denied.
  • In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.
  • Also in Ohio, there was the Greenberg v. Brunner case which ended when the judge threatened to assess all case costs against the plaintiff.
  • In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama’s citizenship. The case was denied.
  • In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama’s birth certificate. His request for an injunction against Georgia’s secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.
  • California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters.

WND reported earlier when Judge James Robertson dismissed a lawsuit filed by John D. Hemenway on behalf of Gregory S. Hollister, a retired military officer who is subject to being recalled to duty and therefore would need to know the legitimacy of any order coming from Obama.

In his statement dismissing the case, Robertson ridiculed the complaint, which never had a court hearing, ruling that the eligibility issues had been “blogged, texted, twittered and otherwise massaged.”

Hollister is represented by Philadelphia lawyer Philip Berg, who has brought several motions on the eligibility dispute to the U.S. Supreme Court that have been ignored. Hemenway acted as local counsel in filing the action on behalf of Hollister.

Robertson wrote: “The plaintiff says that he is a retired Air Force colonel who continues to owe fealty to his Commander-in-Chief (because he might possibly be recalled to duty) and who is tortured by uncertainty as to whether he would have to obey orders from Barack Obama because it has not been proven – to the colonel’s satisfaction – that Mr. Obama is a native-born American citizen, qualified under the Constitution to be president.

“The issue of the president’s citizenship was raised, vetted, blogged, texted, twittered, and otherwise massaged by America’s vigilant citizenry during Mr. Obama’s two-year-campaign for the presidency, but this plaintiff wants it resolved by a court,” Robertson wrote.

Wrong on most counts, Hemenway contends.

http://worldnetdaily.com/index.php?fa=PAGE.view&pageId=92149

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OBAMA ELIGIBILITY ISSUE MUST BE RESOLVED SOON

 

 

By: Devvy
March 14, 2009
© 2008 – NewsWithViews.com

Before I get into the how can we get this done, I would first like to make a statement to hopefully deflect an email box full of hate mail.

Please don’t misconstrue what I’m about to say as disparaging to any of the lawyers involved in these lawsuits. I have supported all of them and their efforts. I am not an attorney. I have no training in the law, but I can read and read I have. A million words in these lawsuits; the briefs as well as supporting documentation. That’s how I learn and hopefully make an informed decision. Not based on personalities, but what the law says.

Millions (not a thousand or a hundred thousand), but millions of Americans either know a lot about the Obama citizenship/birth certificate controversy or they know enough that it has raised serious questions in their mind.

Readers of this column and listeners to my radio show know that I have covered this extensively. They also know that I do not play favorites and would be fighting the same fight if McCain had allegedly been elected because McCain is also, in my opinion, constitutionally ineligible.

While some cases have received more attention than others, those receiving the most exposure have been cases filed by Phillip Berg, Dr. Orly Taitz, Leo Donofrio, Cort Wrotnoski, Stephen Pidgeon, Mario Apuzzo and the United States Justice Foundation. Dozens have been filed at the state level; too many to list here. Many of the cases have been brought by citizens and the rest by attorneys on behalf of their clients.

We are all aware of the outcome of those docketed to the U.S. Supreme Court (Denied with no comment on merit) and those that had at least a hearing of some sort in front of a judge. The issue of whether or not Barack Hussein Obama aka Barry Soetoro aka and so forth, is badly dividing this country. The frustration and rage is escalating. Every piece of legislation he signs into law brings the potential of lawsuits that would be never ending – possibly thousands of them. Not to mention the destructive policies Obama is shoving down our throats. However, the issue at hand is not political or racial, but a matter of constitutional law.

Thousands of citizens have been doing everything humanly possible to get the courts to hear these cases on their merits. Of course, this is more than just a political hot potato, it is a volcano that could erupt in a nasty way. That’s why the courts won’t touch it – what judge wants to be responsible for removing an usurper president? Do they even have the legal authority to do so? An important question.

The situation can’t continue with another lawsuit filed on Monday, four on Wednesday, maybe three the following week. Then comes the endless wait while the defendants respond and the legal wrangling begins. When those fail in seven or eight weeks, a new round of lawsuits gets filed and again, months go by while the defendants answer the lawsuit and file motions that could go on for years. Leo speaks highly of Mario Apuzzo’s case, Kerchner v Obama and we hope it has a successful outcome. Mr. Apuzzo’s web site is here.

Obama has controlled the birth certificate issue from day one. He continues to do so. This keeps all of us wondering, filing Freedom of Information Act requests and lawsuits. I think even to the most staunch Obama supporter, it’s obvious by now that Obama refuses to release his vault birth certificate because he has something to hide. Or, maybe not. Maybe Obama’s refusal is simply to keep everyone running around chasing lawsuits. Remember, he can pull it out for release to the media anytime he wants. Timing in life is everything as they say – especially in politics.

There is also the issue of possible criminal activity by Obama and this is addressed on Orly’s web site where she is petitioning Attorney General Eric Holder for a special prosecutor; click here.

What do we do to bring this to an end as quickly as possible? I believe Orly was the first to bring up the issue of Quo Warranto, but I’m not 100% certain. There is so much activity and web sites to comb through besides reading all these legal filings. In any event, there are outstanding lawsuits waiting to be processed through the system. Many state representatives, active military and veterans have signed up to become plaintiffs for a possible lawsuit being initiated by Orly. They are all listed on her web site. Orly has also sent a letter of request to AG Eric Holder to undertake a Quo Warranto, as well as a new filing with the U.S. Supreme Court; click here.

Both Orly and Leo Donofrio were guests on my radio show last week to help us understand these legal issues. In a recent column, I provided a link to Leo’s three part hypothetical brief on Quo Warranto; click here. I concur that a Quo Warranto in the District Court in Washington, DC, FIRST is the best path to take, not the U.S. Supreme Court.

If you read the statute (see Leo’s brief), even if AG Holder and U.S. Attorney Jeffrey Taylor decline to proceed, there is still the opportunity to go forward. In Part 3 of Leo’s legal analysis, you will see where he gives the statute and who can have standing. This has been done successfully in the past when the AG and US Attorney have failed to act. We also have to remember that this will be a jury trial. My biggest concern is that an action taken straight to the U.S. Supreme Court – especially in light of the fact that the Chief Justice, John G. Roberts, met behind closed doors with Obama – would likely be shot down and we lose. Personally, I believe on the Quo Warranto issue, the U.S. Supreme Court should be last in line.

I know the knee jerk reaction to a jury trial in the District Court in Washington, DC, because I’ve already had email: “You’re dreaming, Devvy, if you think jurors in Washington, DC, who worship the Messiah are going to do the right thing.” My response is to let the system work and do not underestimate the integrity of the American people when presented with solid facts. That statute is perfect for this issue. It is up to the AG and the U.S. Attorney to bring an action on behalf of the United States. No plaintiffs. Should they refuse, then the “third persons” or “interested persons” part kicks in and we proceed from there.

Many, many Americans have been forwarding their letters of request to Holder the past couple of weeks; Orly has been posting them to her web site. Thank you to all the people who wrote letters to Richard Durbin. Every one counts. We know that hundreds of thousands have signed petitions to the courts. If hundreds of thousands of Americans from all walks of life sent their polite requests to Holder and Taylor (including all those state legislators), something has to give. A small flame can turn into a huge fire if fanned properly.

 

This pdf file is my certified letter to U.S. Attorney Jeffrey Taylor. I provided a copy to Richard Durbin at the U.S. Attorney’s office in Austin, Texas and U.S. Attorney Patrick Fitzgerald. That pdf file also contains Leo Donofrio’s letter of March 13, 2009, to U.S. Attorney Taylor. I put Leo’s letter in this pdf file to help people like me. I wear glasses and sometimes reading text off a web site with color back grounds makes it difficult on my old eyes.

I hope you will join me in sending U.S. Attorney Taylor a polite request to bring a Quo Warranto action. It is completely within either Holder or Taylor’s discretion. It can be one or the other or both of them. Time is of the essence and we simply must move this along to a resolution. The longer this lingers, the worst the situation will get for all of us and our republic.

Devvy on live radio: Solutions Not Politics
Monday-Friday
6:00 pm PST, 8:00 pm CST and 9:00 pm EST
Listen live:

Addresses:

United States Attorney Jeffrey Taylor
United States Attorney’s Office
555 4th Street, NW
Washington, DC 20530

Eric H. Holder Jr., Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Web sites on lawsuits:

Listing of cases and actions
Dr. Orly Taitz
Leo Donofrio
Phillip Berg
Mario Apuzzo
United States Justice Foundation
Stephen Pidgeon

Free audio:

Leo Donofrio legal filings and the Wong Kim Ark case

© 2009 – NewsWithViews.com – All Rights Reserved

http://www.newswithviews.com/Devvy/kidd436.htm

     Despite the “little” bit of coverage, and the comments from our Congressional leaders that “the courts have heard” the cases, the truth is that not one SINGLE court, state, appellate, federal, even the Supreme Court, have actually herad the case on the merits of the case. Instead, the cases have been dismissed at each level for one reason, and one reason only– the Plaintiffs have lacked standing. If our Courts were to accept the view of standing that our forefathers held, each one of these cases would have been heard on the evidence, on their merits. In the past three to four decades, the Court has narowly defined the standing issue, effctively limiting the access to the Courts by the average citizen to challenge the government.

     Some countries, like Argentina and Nepal, have broadened the concept of standing, using the idea of “intereses difusas”, or in the public interest. What could be more in the public interest than to make sure that Barack Hussein Barry Soetoro Obama is actually constitutionally eligible to be President?

     Obama has endeared himself to the legacy of Lincoln, so how ironic would it be if the federal False Claims Act were used to force the Obama birth certificate citizenship issue into the courts, on its merits. The False Claims Act is also known as the Lincoln Act and is the basis for whistleblower actions in the government.

    The Act establishes liability when any person or entity improperly receives from or avoids payment to the Federal government–(tax fraud excepted). In summary, the Act prohibits:

  1. Knowingly presenting, or causing to be presented to the Government a false claim for payment;
  2. Knowingly making, using, or causing to be made or used, a false record or statement to get a false claim paid or approved by the government;
  3. Conspiring to defraud the Government by getting a false claim allowed or paid;
  4. Falsely certifying the type or amount of property to be used by the Government;
  5. Certifying receipt of property on a document without completely knowing that the information is true;
  6. Knowingly buying Government property from an unauthorized officer of the Government, and;
  7. Knowingly making, using, or causing to be made or used a false record to avoid, or decrease an obligation to pay or transmit property to the Government.

      President Obama receives a salary of $400,000 annually from WE THE PEOPLE by and through our tax dollars administered by the federal government. Is it not then safe to say that, allegedly, Barack Obama is receiving from the federal government federal funds under false pretenses? Is it not also safe to say that Speaker Nancy Pelosi has assited in the perpetuation of this alleged fraud by certifying Obama’s nomination as the Democratic candidate without full knowledge of the truth of his citizenship?

     The Lincoln Law seems to provide the very avenue that is necessary to get the Obama Birth certificate issue into the courtroom, and into the public forum!

     In the United State District Court for the District of Columbia, a retired Air Force  officer has filed the latest case challenging the eligibility of President Elect Barack Obama to be the President of the United States. The case, Hollister v. Soetoro, et.al, was filed by Philadelphia attorney Philip Berg, whose own case against Obama is pending conference review by the U.S. Supreme Court on January 9th and 16th, 2009.

      ( for a full analysis of the Hollister filing, go to http://www.americasright.com/2008/12/berg-files-new-interpleader-action.html )

     Of importance in the manner in which Mr. Berg has filed this case is (1) the standing of the Plaintiff, and (2) the shifting of the burden of proof from the Plaintiff to Obama himself.

      First, Col. Hollister is retired from the military after a decorated career, and, since he is subject to Presidential recall to service, for the rest of his life, the eligibility of the Commander in Chief is tantamount to his Oath of service. The oath administered to our military, as well as to the President of the United States, is to defend NOT the President, not the Armed Forces or the Dept. of Defense, but to DEFEND the Constitution of the United States of America!! As a member of the armed forces who has sworn to defend that Constitution, how can it be ruled by a judge that Col. Hollister does not have standing to bring this lawsuit.

     The case was filed in the form of an interpleader matter, a legal format for certain types of cases. By arguing the case in this form, Berg is able to shift the burden of proof on Obama’s citizenship, dual citizenship, loss of citizenship from the Plaintiff to Obama himself. Barack Obama would have the burden of proving that he does qualify under the Constitution to be the President, as opposed to Berg proving that he is ineligible.

To read the actual pleadings in Hollister v.  Soetoro:

 

http://www.obamacrimes.info/Copy%20of%20ComplaintSoetoroInterpleader122708.pdf

UPDATE: The new edition of the Globe Magazine, hitting the stands this week: http://www.globemagazine.com/story/286

 

 

     In just over 48 hours, we will dismiss 2008 as the year that was, and welcome 2009 as the new year, hopefully one with a better outlook than 2008 has given to it. So, we can reflect on some of the events of 2008, in no particular order:

     The biased liberal media trashes Hillary Clinton, and chooses Barack Obama to be the Democratic Presidential candidate, saying that any questioning of Obama is outright racism!

    The surge that was proposed by President Bush, under the direction of Gen. Petraeus, and supported by Republican Sen. John McCain, worked, although Barack Obama would not admit it.

     The Republicans choose a female Vice-Presidential candidate, Gov. Sarah Palin of Alaska. The liberal media attacks her, while continuing to vet Barack Obama.

    Questions swirl about Barack Obama’s citizenship, dual citizenship, and place of birth. The campaign posts a document that is reported to be legitimate, but refuses to produce the original vault document, creating a flurry of lawsuits, several of which reached the Supreme Court. No one, not even the Supreme Court Justices, want to question Obama for fear of being labelled racist.

     Israel attacks in the Gaza strip, while Iran continues to threaten the annihilation of Isreal.

     China was on the world stage as it hosted the Summer Olympics.

     AIG needs a huge bailout.

     The Fannie Mae and Freddie Mac mortgage deriviatives, which the Democrats fostered in their urge of home ownership for all, caused a financial debacle on Wall Street, creating the beginning of the Fall’s “Bailout Mania”.

     In a vote against George Bush, the American electorate elected Barack Obama as President, touting him as the first Black American President. In reality, Obama is biracial, being more caucasian that black according to genealogists, and, by some records, he is the 6th biracial President. behind Jefferson, Jackson, Lincoln, Harding, and Coolidge.

     Obama’s transition team became involved in the Illinois Governor’s controversy as he attempted to “sell” the vacant Senate seat that Obama held.

     New Orleans and Galveston were both hit by strong hurricanes, but there seemed to be a great deal more organization and preparation than was evident in Katrina in 2005.

    A young Orlando, FL mother failed to report her 2-year old daughter “missing” for nearly a month, and then claimed the child had been kidnapped. Five months later, and many lies later, the remains of young Caylee Anthony were found just 15 houses away from her grandparent’s home, where she had lived with her mother, now in jail on murder charges.

Other major events:??

Where were you born, Obama?


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Syndicated columnist
Posted Dec 15, 2008 @ 10:37 AM

Roger Kimball may have tagged it first: The real news out of Chicago last week wasn’t Illinois Gov. Rod Blagojevich’s arrest on cartoonishly lurid charges of corruption stemming from his alleged attempts to sell President-elect Barack Obama’s now-vacant U.S. Senate seat. The real news out of Chicago was that President-elect Barack Obama had nothing to do with it.

And I mean nothing to do with any of it. There was an almost comical aspect to the spectacle of journalists across the mainstream media suddenly, as if on command, assuming pretzel positions in a contortionist’s effort not to seem at all curious, for instance, about the discrepancy between David Axelrod’s recent declaration that the president-elect had discussed Senate-seat replacements with Blagojevich, and Obama’s more recent declaration that he had done no such thing.

The MSM instantly agreed: Obama had nothing to do with it. Such a message took Obama out of the story even before the story itself was clear.

This mantra, this strategy should be familiar by now. Whether it is Jeremiah “G — d — – America” Wright, William “We didn’t do enough” Ayers, or now, Rod “F — – him” Blagojevich, Obama is never a player, never even a responsible presence in controversies involving associates past and present. In the media-filtered version of events, he’s just not even there. But in no story is what we may one day come to think of as Obama’s invisible man-hood more obvious than in the still-roiling controversy over Obama’s birth certificate.

What controversy? Anyone who relies solely on MSM outlets (and most conservative outlets) may not even know that Obama has, to this day, not authorized the state of Hawaii to release his Certificate of Live Birth  —  the “long form”  —  to prove that he is a “natural born citizen” (NBC), a Constitutional requirement of all presidents. Instead, We, the People, have online access to an Obama document known as a Certification of Live Birth, which, as Randall Hoven explains at American Thinker blog, is a computer-generated short form that is not even accepted by the Hawaii Department of Home Lands as adequate verification of Hawaiian identity. (The Home Lands Department requires “information that is found only on the original Certificate of Live Birth,” or long form.) Further dimming the online document’s Holy Grail aspects, it has been altered  —  the certificate’s number has been redacted  —  which, according to a statement printed on the document, actually invalidates it.

But that’s not all. Back on Oct. 31, Hawaii’s director of health, along with the registrar of Vital Statistics, released a statement verifying that the Hawaii’s Department of Health has Obama’s “original birth certificate on record in accordance with state policies and procedures.”

Well, that’s just great. But no matter how many times this statement from “Hawaiian authorities” is cited as the NBC clincher, it doesn’t prove a thing. It turns out, as Hoven reports, that Hawaii issues birth certificates even for babies born elsewhere, so simply having an original Hawaiian birth certificate “on record” doesn’t answer the key questions. Namely: What exactly does this original birth certificate say? And why doesn’t Obama simply authorize the document’s release and be done with the question?

This is some of the background to the birth-certificate controversy. According to the same MSM reporting that omits Obama from everything, however, the controversy is the sole, self-inflicted creation of people unreasonable enough  —  no, kooky enough  —  to be concerned about the issue. This includes citizens who have gone to court (up to the U.S. Supreme Court) in more than a dozen states with various NBC-related complaints, all of which could be resolved by the release of Obama’s original birth certificate. It also includes followers of radio shows or Internet forums including KHOW’s Peter Boyle in Denver, the blog Atlas Shrugs and the news Web site WorldNetDaily.com, which have aggressively covered the story.

In the MSM’s no-Obama version of events, though, such efforts and interest are mocked as the freakiest kind of lunacy. And this same MSM argument has lately been trumpeted by prominent conservative voices.

“Shut up about the birth certificate,” David Horowitz wrote this past week.

Shut up? Is he kidding? Apparently not. Horowitz went on to tell “fringe conservatives” and “birth-certificate zealots” that their “continuing efforts” to “deny Obama his victory” are “embarrassing and destructive.” NRO’s Mark Krikorian, in turn, congratulated Horowitz for “stomping on the ridiculous, bitter-ender efforts to disqualify Obama from the presidency.” Michelle Malkin, too, pooh-poohed the “birth-certificate hunters,” describing them as having “lurched into rabid Truther territory.” 

(“Truthers,” by the way, are people who believe the United States engineered the attacks of 9/11.)

I disagree. I think it is nothing less than good citizenship to seek to verify that Obama is a “natural born citizen” since our elites, which include the major political parties and the MSM, failed to bring the matter to its extremely simple resolution long ago.

But while important, this isn’t just a story about whether we as Americans are right or wrong to ask our president-elect the question about his original birth certificate. It is about whether our president-elect is right or wrong not to answer it.

Once again, Barack Obama is treated as though he were not even a part of this story. Those who seek to resolve the birth certificate controversy draw the fire, but not the man who causes it. Talk shows, court battles and blogs can air the issue, but it is only Obama who can put it to rest. And he can do it simply by authorizing the release of his original, “long form” birth certificate — and quickly, preferably before the Electoral College meets to validate his election on Dec. 15, but certainly before his term of office begins on Jan. 20, 2009.

Unless, of course, he has something to hide.

Diana West is a columnist for The Washington Times. She is the author of “The Death of the Grown-up: How America’s Arrested Development Is Bringing Down Western Civilization,” and has a blog at dianawest.net. She can be contacted via dianawest@verizon.net.

     There should be no doubts where the Obamessiah originated from, the sacred place where Stanley Ann Dunham Soetoro chose to bring forth her child. After all, the Obamessiah said it was Honolulu, and thus it is so!!

     Far be it for us mortals, the taxpayers, those who cling to their guns and their God, to question the One, even if his birth is reported as TWO distinctly different hospitals in Honolulu:

02/18/08: Star Bulletin News Article Obama backers stress importance of caucuses, page 2, “He was born in Kapiolani Medical Center for Women & Children”

11/04: The Rainbow Edition, Volume 2, Issue 3, Education Laboratory School, page 2, “Barack Obama was born on August 4, 1961 at the Queen’s Medical Center in Honolulu, Hawaii”

     It is an important note the NEITHER of these well-established medical centers will acknowledge that their facility is the birthplace of this HISTORIC President-Elect!!

     But, of course, no reason for questioning!!

      Like Justice Thomas did after Justice Souter denied the Donofrio v. Wells case, and scheduled it for Court conference, Justice Scalia today distributed the case of Wrotnowski v. Bysiewicz (Connecticut Secretary of State) for December 12th conference review after Justice Ginsberg had denied it.

     Without any fanfare or discussion, the US Supreme Court today announced that it denied hearing the case of Leo Donofrio v. Wells (NJ Secretary of State), wherein he sought an emergency stay on the Electoral College until Barack Obama’s citizenship could be verified.

     Then, just a shor time later, Justice Scalia set the Wrotnowski case for conference review at this Friday’s weekly conference. As stated in a prior post, it is highly unusual for a Justice to bring a case to the conference after another Justice had denied it. Leo Donofrio, in commenting about the Wrotnowski case, has stated that he believes that Cort Wrotnowski’s filing is substantively and procedurally more sound than his case was on its face.

      Here is a listing of the cases in the system that are questioning Obama’s citizenship and his eligibility to be the President of the United States:

Current Lawsuit Listing

This information is taken from AmericaMustKnow.com’s “Related Lawsuits” page. I am going to endeavor to carry on what the blogger originally started. All dates in parentheses are for the latest update in that case’s category.

Use ChangeDetection.com to monitor this page.

What’s this all about, anyway?

At the Supreme Court (see “Supreme Court Info” on the sidebar):

At the State level:

Defunct Cases:

  

         Additionally, Pennsylvania attorney Philip Berg filed for an emergency stay of the Electoral College and the Senate certification of the election.  

     President-elect Obama, lets cease this charade and produce the Damn birth certificate!!

     Without an explanation, the United States Supreme Court has declined to hear the first of what will inevitably be NUMEROUS challenges to the eligibilty of President-Elect Barack Hussein Obama II to serve as the President of the United States.

     The Court declined to issue an emergency stay on the Electoral College votes, scheduled for December 15th, as requested by Leo Donofrio in his challenge to Obama’s citizenship. Donofrio acknowledges that Obama was allegedly born in Hawaii, but that his Kenyan and British citizenship precludes him from being considered a “natural born” citizen.

     The case filed by Philip Berg, a Pennsylvania attorney, which alleges that (a) Obama was born elsewhere, such as Kenya, and/or (b) his Indonesian citizenship as a child of Lolo Soetoro, making him ineligible to be President, will have his case considered some day this week or next. Additionally, there are at least 16 other challenges at the state and federal court levels nationwide, including the case filed to stop the California Secretary of State from certifying the election and the Electors by Alan Keyes.

     Despite being referred to as nutcases, right-fringe, and delusional, there are still many who believe that Obama could settle this matter very quickly, so that it does not fester as a cloud over his administration. While I would prefer that he not serve as our President, I do want our next President to be able to work on our Nation’s problems without being plagued by issues that cast doubt over his capacity and eligibility.

     In a twist of irony, all the mainstream media that either refused to report anything on the birth certificate issue, or buried it in the body of the news, are reporting the Supreme Court’s denial of the Donofrio case like a wildfire: The Associated Press, The Chicago Tribune, the Washington Post, the Boston Globe!!

     After meeting privately to discuss the cases the US Supreme Court would hear, or to issue Writs of Certiorari upon, the list of cases denied or granted was issued late Friday afternoon (Dec. 5th), and the Leo Donofrio case questioning President-Elect Barack Obama’s citizenship and Presidential eligibility was not on EITHER list.

     A spokesman for the Supreme Court said that no decision had been reached as of yet, and that a decision from the Justices would most likely be forthcoming in the next week or so.

     Unlike other cases, such as Pennsylvania attorney Philip Berg’s case, which allege that Obama was NOT born in Hawaii, the Donofrio case concedes Obama’s verbal assertion that he was born in Hawaii, but Donofrio claims that Obama’s British citizenship, afforded to him as the son of a British subject, precludes him from being the President. Barack Obama Sr., as a Kenyan citizen, was automatically a British citizen, since Kenya was a part of the British Commonwealth.

     Other cases are still pending in the lower courts, including the lawsuit brought by Presidential candidate Alan Keyes against California’s Secretary of State to stop the certification of the State’s Electors. Each of the cases that have been filed throughout the country have the potential of being heard in the Supreme Court, based upon their outcome at the lower court and appellate level.

     Since the Director of the Hawaii Dept. of Health stopped short of stating that the documents on file in Hawaii state that Barack Obama was born in Hawaii, the only satisfactory resolution to the “birthplace” part of the citizenship question would be for Barack Hussein Obama II to authorize the Hawaiian authorities to release the vaulted documents.

     The Electoral College can, though it is unlikely, vote by conscience, based upon the Obama team’s like of candor in this matter, and not vote for Obama. Some states require their Electors to the Electoral College to vote as the state voted, but others allow the Elector’s a bit of discretion in their votes. In fact, a massive lobbying effort directly to the Electors in some states has been going on since November 4th.

     Although President-Elect Obama has resigned his Senate seat, a move which is irreversible, it is noteworthy that Sen. Joe Biden has not yet resigned his seat, nor has Rep. Rahm Emanuel, and Sen. Hillary Clinton has said that she will not resign until she is confirmed as Secretary of State by the Senate. Senator Clinton’s decision not to resign just yet is completely understandable, but if their is such certainty in Obama’s election, one has to wonder why Sen. Biden and Rep. Emanuel have not resigned their positions.

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