Friday, November 7, 2008

Will The US. Supreme Court Once Again Decide Our Presidency?

The extent to which the mainstream media have done all they can to protect the brand Obama is amazing. Had this been George Bush, it would have been front page in all the newspapers and the lead story on the nightly news until resolved. How many readers are aware this has been going on behind the scenes?

Apparently the Obama team has been thrown a wrench that they thought they had put behind them. A solid date has finally been issued by the US. Supreme Court for Obama to prove his Birth Certificate. At the bottom I am including a video link that has his paternal grandmother and family members in Kenya stating that Barack Obama was in fact born in Kenya and the birth certificate on file in Hawaii is a filed copy merely documenting his Kenyan birth. The Governor of Hawaii had the Hawaii copy sealed just two weeks ago when access was requested.

If Obama was in fact born in Hawaii, why not release it and put this to rest? Last month his legal team responded to the suit in the Federal Court in Philadelphia that the party bringing suit did not have 'standing' before the court, and asked for dismissal. He won the 'standing' issue but failed to end the speculation. The case is now quietly before the US Supreme Court and he has been ordered to provide proof by December 1, 2008. The Electoral College meets in December for the official election of our President.

The United States could be headed for a Constitutional crisis not provided for in the constitution. Meaning there is no precedent or constitutional instruct on how to proceed if Obama is found ineligible to serve.

U.S. Supreme Court Justice David Souter has rejected an emergency appeal for the court to halt the tabulation of the 2008 presidential election results until Democratic presidential nominee Barack Obama documents his eligibility to run for the office, according to an attorney who brought the action that challenges the Illinois senator's standing in the race.

However, the issue isn't going away, at least for now, since Souter set a schedule for a response from Obama to the challenge from attorney Philip J. Berg.

Berg brought his claims to the Supreme Court after a federal judge dismissed his lawsuit alleging Obama is ineligible to be president because he possibly was born in Kenya.

The judge concluded Berg lacks standing to bring the action.

In a statement today, Berg said he was told by a clerk for Souter that his application for an injunction to stay the election was denied. But he also said the defendants "are required to respond to the Writ of Certiorari" by Dec. 1.

The biggest question is why Obama, if a Hawaii birth certificate exists, simply hasn't ordered it made available to settle the rumors.

The governor's office in Hawaii said he had a valid certificate but rejected requests for access and left ambiguous its origin. Does the certificate on file with the Department of Health indicate a Hawaii birth or was it generated after the Obama family registered a Kenyan birth in Hawaii.

Obama's half-sister, Maya Soetoro, has named two different Hawaii hospitals where Obama could have been born.

But a video posted on YouTube features Obama's Kenyan grandmother Sarah claiming to have witnessed Obama's birth in Kenya. <<<< VIDEO LINK HERE. Just click on word Kenya. There are several other related videos in the right hand side-bar of Youtube.

It will be interesting to see how this plays out.

2 comments:

smrstrauss said...

First, the certification of live birth is proof that Obama was born in Hawaii. It is not necessary for him to show a birth certificate because the certification is a legal document showing that the birth certificate exists in the files. It is like a bank book, which proved that you had money in the bank. The certification has now been accepted by at least one court.

Then, IF Obama had been born in Kenya, there would be a record of his mother arriving in Kenya in the archives of the Kenya government.

The critics of Obama, who allege that he was born in Kenya, have not shown anything like this. All they would have to do is to go to those files in Kenya and show that Obama’s mother had been in Kenya in 1961. But they have nothing.

I listened to the tape, and it is not clear that Obama’s grandmother understood the question. The translator (who is also apparently a relative) says repeatedly that Obama was born in Hawaii. In any case, it is not evidence. She could be referring to Barak Obama senior, Obama’s father, who certainly was born in Kenya.

The officials in Hawaii say he was born in Hawaii. They have seen his birth certificate in his file. They are thus confirming the certification. And, they have no reason to lie.

The certificate (or certification, whatever) of live birth has been accepted as legal proof of Obama’s birth in Hawaii by a court in Virginia. (Monday. See: http://www.freerepublic.com/focus/f-news/2123806/posts)

After Berg, several other cases against Obama on the natural born citizen issue were brought in other states.
While most of them just did what the Berg case did, which was to rule that Berg had no standing to sue, some of the others looked at the “evidence” - and concluded that the stuff was absurd.

In Ohio, for example the judge (magistrate) said:

“(Neal) presented no witnesses but himself. From that testimony, it is abundantly clear that the allegations in [Neal]’s complaint concerning “questions” about Senator Obama’s status as a “natural born citizen” are derived from Internet sources, the accuracy of which has not been demonstrated to either Defendant Brunner or this Magistrate … Given the paucity of evidence… this Magistrate cannot conclude that Defendant Brunner has abused her discretion in failing to launch an investigation into Senator Obama’s qualifications to hold the office of President of the United States. ” See:
http://www.oxfordpress.com/hp/content/oh/story/news/local/2008/10/31/ws103108obamasuit.html

In Virginia, which was just ruled on Monday, the judge went further and said that the certificate of live birth was good proof that Obama was born in Hawaii, and there was NO proof presented that he was born anywhere else.

Here is a report from a web posting that is not official, of course, but it seems accurate mainly because the fellow who posted it was AGAINST Obama. He is disappointed, but accepts the ruling. You can find this post at : (
http://www.freerepublic.com/focus/f-news/2123806/posts)

(Note that sometimes the author correctly puts COLB correctly and sometimes he types it as CLOB, but he means certificate of live birth throughout.)

Quotes:

The Court made the following findings:

1. The Certification of Live Birth presented to the court is unquestionably authentic.

The court noted that the certification had a raised seal from the state of Hawaii, had a stamp bearing the signature of the registrar of vital statistics. The court found “wholly unpersuasive” any of the internet claims that the birth certificate was altered in any way. Furthermore, the document itself was accompanied by an affidavit from the State Health Director (of Hawaii) verifying that the document is an authentic certification of live birth. The court held that there could be no doubt that the document was authentic unless one believed that the state of Hawaii’s health department were in on an elaborate and complex conspiracy – and that there is not a shred of evidence that this is the case.

2. The Certification of Live Birth establishes that Mr. Obama is a natural born citizen.

The affidavit of the State Health Director states that the information on the CLOB is identical to the information on the “vault” copy of the birth certificate, and that both documents establish that Mr. Obama was born in Honolulu. The Court noted that the CLOB is valid for all citizenship purposes. The court noted our argument that the COLB is not valid for determining citizenship, but referred us to Hawaiian law that states otherwise. “There is no difference between a certificate and a certification of live birth in the eyes of the state. For instance, either can be used to confirm U.S. citizenship to obtain a passport or state ID.” The court found that Hawaiian law makes the COLB valid for all purposes with the exception of determining native Hawaiian heritage for certain state and federal benefits. The court held that if Mr. Obama were born elsewhere and the birth registered in Hawaii, the “place of birth” line on the COLB would reflect that fact. The court stated that there could be no doubt that Mr. Obama was born in Hawaii and that any argument to the contrary was fanciful and relied on completely unsubstantiated internet rumors.

3. For that reason, 8 U.S.C. §1401(g), which at the relevant time provided as follows:

“The following shall be nationals and citizens of the United States at birth: ***(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years:…..
is irrelevant to this matter, as Mr. Obama was conclusively born in Hawaii.

4. Mr. Obama did hold dual citizenship in the U.S. and Kenya until he became an adult. When Barack Obama Jr. was born Kenya was a British colony. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.’s children: “British Nationality Act of 1948 (Part II, Section 5): Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.” In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom by virtue of being born to a father who was a citizen of the UK. Obama’s UK citizenship became an Kenyan citizenship on Dec. 12, 1963, when Kenya formally gained its independence from the United Kingdom. The court noted that Chapter VI, Section 87 of the Kenyan Constitution specifies that:

1. Every person who, having been born in Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Kenya on 12th December, 1963…

2. Every person who, having been born outside Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Kenya by virtue of subsection (1), become a citizen of Kenya on 12th December, 1963.
Thus the court held that as a citizen of the UK who was born in Kenya, Obama’s father automatically received Kenyan citizenship via subsection (1). So given that Obama qualified for citizen of the UK status at birth and given that Obama’s father became a Kenyan citizen via subsection (1), thus Obama did in fact have Kenyan citizenship in 1963.

However, the court further held that the Kenyan Constitution prohibits dual citizenship for adults. Kenya recognizes dual citizenship for children, but Kenya’s Constitution specifies that at age 21, Kenyan citizens who possesses citizenship in more than one country automatically lose their Kenyan citizenship unless they formally renounce any non-Kenyan citizenship and swear an oath of allegiance to Kenya. The court held that there was no evidence that Mr. Obama has ever renounced his U.S. citizenship or sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4, 1982.

The court held that there was no legal requirement that Mr. Obama renounce his Kenyan citizenship or affirm his U.S. citizenship in order to maintain his status as a natural born citizen.

5. Mr. Obama did not lose his U.S. Citizenship based on the acts of his parents, including adoption by an Indonesian citizen. The Court held that no action taken by the parents of an American child can strip that child of his citizenship. The court cited to the 1952 Immigration & Nationality Act, Title III, Chapter 3, Sections 349 and 355, which was in effect in the late 1960s when Obama went to Indonesia, and which stated that a minor does not lose his US citizenship upon the naturalization of his parents or any other actions of his parents, so long as the minor returns to the US and establishes permanent US residency before the age of 21. Thus the adoption of Obama did not serve to strip him of his U.S. citizenship. The fact that Indonesian law does not allow dual citizenship is irrelevant, as U.S. law controls. Furthermore, the Court held that traveling on a foreign passport does not strip an American of his citizenship. The Court noted first that there was no evidence that Mr. Obama traveled on an Indonesian passport (Mr. Berg and others we reached out to for evidence never provided any evidence of this claim or any other of the claims we could have used some proof of.) Nonetheless, the court held that such travel does not divest an American of his citizenship.

The Court makes other holdings and findings that I won’t bother you with here. Needless to say, the decision is wholly against us. The court finds the claims against Mr. Obama’s citizenship “wholly unpersuasive and bordering on the frivolous, especially in light of the complete absence of any first-hand evidence on any critical issue” and further classifies it as “conspiracy theory of the lowest sort, fueled by nothing than internet rumor and those who truly want to believe egging each other on.”

I like the part about “conspiracy theory of the lowest sort.”

Repeat: “The court held that if Mr. Obama were born elsewhere and the birth registered in Hawaii, the “place of birth” line on the COLB would reflect that fact. The court stated that there could be no doubt that Mr. Obama was born in Hawaii and that any argument to the contrary was fanciful and relied on completely unsubstantiated internet rumors.”

Anonymous said...

Martin creates Electoral College confrontation in marathon live radio drama

Andy Martin triggers new Electoral College opposition to Barack Obama


Andy Martin
2008-11-07 10:51:03 - Internet Powerhouse Andy Martin asks McCain electors to block Obama's election unless Obama releases original 1961 birth certificate


Andy Martin triggers new opposition to Barack Obama with internet campaign to block approval by the Electoral College
Martin says McCain Electoral College electors should use parliamentary procedure to force release of Obama's secret birth file
'Who is Barack Obama?' Andy asks
ANDY MARTIN
Executive Editor
ContrarianCommentary.com

'Factually Correct, Not
Politically Correct'

FOR IMMEDIATE RELEASE:

INTERNET POWERHOUSE ANDY MARTIN TRIGGERS ANOTHER ANTI-OBAMA FIRESTORM WITH 'MAGIC MOMENT ON
THE INTERNET'

MARTIN ASKS INTERNET AUDIENCE TO CONTACT MCCAIN ELECTORS FOR A UNIFIED CHALLENGE TO OBAMA IN THE ELECTORAL COLLEGE

'THE ORIGINAL INTENT' OF THE FOUNDING FATHERS WAS THAT THE ELECTORAL COLLEGE WOULD HAVE INDEPENDENT SIGNIFICANCE,' SAYS MARTIN; THEY SHOULD NOT BE RUBBER-STAMPING SOMEONE WHO REFUSES TO RELEASE HIS ORIGINAL BIRTH CERTIFICATE

WILL CONSERVATIVES RESPOND? OR MEEKLY SURRENDER?

(CHICAGO)(November 7, 2008) Thursday night/Friday morning Internet Powerhouse Andy Martin demonstrated the power of the Internet when he unleashed new demands for information from on Barack Obama. Martin was a guest on a talk show hosted by Lan Lamphere. The show can be heard in archive form. www.talkstreamlive.com/listen.aspx?showid=3481

'It was a moment that has to be heard be understood,' says the Internet's most influential political voice, Andy Martin. 'I was asked to do a brief guest shot on Lan's show. But something ‘magic' happened. In a ‘Network'-style moment, Lan asked his audience to shower us with e-mails; it started pouring. What was supposed to last a few minutes lasted almost four and a half hours of live radio. It wouldn't stop. The audience kept growing until they finally started collapsing from exhaustion at 1:20 A.M. CST.

'Out of this extraordinary spontaneous combustion I produced the constitutional strategy that McCain electors should ‘jam up' the electoral college with parliamentary procedures and demands for production of Barack Obama's original, typewritten 1961 birth certificate (certificate of live birth). The response of the audience was electric.

'Friday morning we are going to start organizing a ‘Goal Line Stand' in the Electoral College to force Barack Obama to produce his original 1961 birth certificate for review by the American people,' Martin said. 'Republicans, conservatives and independents have a new rallying point. Don't let Obama pass through the Electoral College until he has produced his original
birth certificate and ended the mystery shrouding his origins.'

Hawai'i officials on October 31st confirmed Martin's claim that that they do hold Obama's original 1961 document in their vault.

No one outside two Department of Health officials has seen the original document.

Martin has a court hearing Tuesday, November 18th in the Circuit Court for Honolulu, Hawai'i at 10:30 A.M. to force release of Obama's original birth files.