source: http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=80928
Obama camp: Lawsuits by citizens are ‘garbage’
Legal challenges spring up across U.S., demand proof of eligibility for office
Posted: November 13, 2008
10:30 pm EasternBy Chelsea Schilling
© 2008 WorldNetDaily
More than a half-dozen legal challenges have been filed in federal and state courts demanding President-elect Barack Obama’s decertification from ballots or seeking to halt elector meetings, claiming he has failed to prove his U.S. citizenship status.
An Obama campaign spokeswoman told WND the complaints are unfounded.
“All I can tell you is that it is just pure garbage,” she said. “There have been several lawsuits, but they have been dismissed.”
WND is tracking the progress of many cases across the U.S., including the following:
Ohio
David M. Neal of Turtlecreek Township, Ohio, filed suit in Warren Common Pleas Court in October to force Ohio Secretary of State Jennifer Brunner 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 Cincinnati Enquirer reported.
Warren County Magistrate Andrew Hasselbach denied Neal’s request, saying, “The onus is upon one who challenges such public officer to demonstrate an abuse of discretion by admissible evidence – not hearsay, conclusory allegations or pure speculation.”
Connecticut
Connecticut resident Cort Wrotnowski challenged the authenticity of Obama’s birth certificate on Oct. 31, and asked the court to order Secretary of State Susan Bysiewicz to verify Obama’s citizenship before allowing the candidate to appear on the state ballot. State Supreme Court Chief Justice Chase T. Rogers threw out the case for lack of jurisdiction within a half hour of reviewing it.
“I have not seen the ruling yet,” Wrotnowski told WND. “So, in reality, the case was not heard on its merits. … Currently, we are assembling information for another and better try.”
Washington
As WND reported earlier, Steven Marquis of Fall City, Wash., filed suit Oct. 9 in Washington State Superior Court, calling for Secretary of State Sam Reed to determine whether Obama is a citizen before Election Day. Marquis released a statement saying the state has the authority to “prevent the wholesale disenfranchisement of voters” who might have otherwise had the opportunity to choose a qualified candidate should records show Obama is not a natural-born U.S. citizen.
Marquis said Obama’s Hawaii birth certificate isn’t evidence that the president-elect is a natural-born citizen because it doesn’t reveal the hospital where Obama was born, a doctor’s name or the baby’s footprint, the Associated Press reported.
Superior Court Judge John Erlick dismissed the lawsuit, claiming the secretary of state does not have authority to inquire about Obama’s birth certificate. He also said Marquis failed to name Obama as a party to the lawsuit.
New Jersey
In Leo C. Donofrio v. Nina Mitchell Wells, Secretary of State of the State of New Jersey, retired attorney and New Jersey resident Leo. C. Donofrio asked the U.S. Supreme Court for an emergency stay on Nov. 3 prohibiting three candidates from appearing on New Jersey’s ballots: Republican candidate John McCain, Democratic candidate Barack Obama and Socialist Worker’s Party candidate Roger Calero.
Donofrio claimed the candidates are not “natural born citizens” as enumerated in Article 2, Section 1, of the Constitution of the United States, which states, “No person except a natural born citizen of the United States, at the time of adoption of this Constitution, shall be eligible to the office of President.”
He wrote, Obama is not eligible for the presidency “even if it were proved he was born in Hawaii, since … Senator Obama’s father was born in Kenya and therefore, having been born with split and competing loyalties, candidate Obama is not a ‘natural born citizen’ …”
“Republican candidate John McCain was born in Panama,” the request states. “Socialist Workers Party candidate Roger Calero was born in Nicaragua. And the birthplace of Democratic candidate Barack Obama has not been verified by Respondent.”
Donofrio said Panama has never been considered U.S. soil, and that McCain is merely a citizen at birth by statute, and not a “natural born citizen.”
With three ineligible presidential candidates on ballots, Donofrio warned, New Jersey voters will “witness firsthand the fraud their electoral process has become.”
Justice David Souter denied Donofrio’s application on Nov. 6. However, his case is still pending as an emergency stay application. Donofrio is resubmitting his request for an emergency stay of the national election results and Electoral College meeting to Justice Clarence Thomas.
Pennsylvania
As WND reported earlier, prominent Pennsylvania Democrat and attorney Philip J. Berg filed suit in U.S. District Court three months ago claiming Obama is not a natural-born U.S. citizen.
Berg claimed that by failing to respond Obama has legally “admitted” to the lawsuit’s accusations, including the charge that the Democratic candidate was born in Mombosa, Kenya.
U.S. District Judge R. Barclay Surrick dismissed Berg’s argument on Oct, 24, ruling that he lacked standing to bring the case. He said Berg’s allegations were “too vague and too attenuated.”
“This is a question of who has standing to uphold our Constitution,” Berg told Jeff Schreiber of America’s Right blog. “If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to question the eligibility of an individual to be president of the United States – the commander in chief, the most powerful person in the world – then who does?”
Berg filed a writ of certiorari in the U.S. Supreme Court on Oct.30, to force Obama to produce his birth certificate. Justice David Souter rejected an emergency appeal on Nov. 3, for the court to halt the tabulation of the 2008 presidential election results until Obama documented his eligibility to run for office. However, Souter set a schedule for a response from Obama, the DNC and all co-defendants on or before Dec. 1.
“I look forward to receiving Defendant Obama’s response to the Writ and am hopeful the U.S. Supreme Court will review Berg v. Obama,” Berg wrote in a Nov. 7 statement. “I believe Mr. Obama is not a consitutionally-qualified natural-born citizen and is ineligible to assume the office of the President of the United States.”
Georgia
Rev. Tom Terry of Atlanta, Ga., appealed to the Georgia Supreme Court the day before the election to determine authenticity of Obama’s original birth certificate and his qualifications to be president.
“I bear no personal ill will against Barack Obama,” Terry, an independent, said in a statement. “In fact, his election solely on the basis as the first African-American president-elect is a very positive thing for our nation. However, as an American, I have very grave concerns about Mr. Obama’s possible divided loyalties since he has strenuously and vigorously fought every request and every legal effort to force him to release his original birth certificate for public review and scrutiny. I think that is significant.”
On Oct 24, Georgia Superior Court Judge Jerry W. Baxter denied Terry’s request for an injunction against Secretary of State Karen Handel.
“I don’t think you have standing to bring this suit,” he said. “I think that the attorney general has argued the law. I think he is correct. I think you are not a lawyer.”
Terry is appealing his suit even though Obama didn’t win Georgia because he said he wants to set an example for other states. He is asking the court to direct Georgia Secretary of State Karen Handel to decertify all votes for Obama.
“Hopefully, this action will be noticed by other states and they will also take a serious look at the meaning of Georgia’s Supreme Court’s actions,” he said. “It is apropos that the Latin motto in the Georgia Supreme Court is interpreted: ‘Let justice be done, though the heavens fall.’ I think if the Court rules in my favor, that motto will come alive with meaning and impact.”
Hawaii
On Oct. 17, Andy Martin filed a writ of mandamus in Hawaii’s Supreme Court to compel Gov. Linda Lingle to release a certified copy of Obama’s vital statistics record. His request to expedite the circuit court was denied on Oct. 22.
Martin now has a pending case seeking access to Obama’s original 1961 typewritten birth certificate. The circuit court hearing is set to begin Nov. 18.
The saga continues …
Several unconfirmed reports also indicate that citizens of Utah, Wyoming, Florida, New York, North Carolina, Texas, California and Virginia have also filed lawsuits or requested court orders to verify Obama’s citizenship status.
As reported earlier, WND senior investigative reporter Jerome Corsi traveled both to Kenya and Hawaii to investigate issues surrounding Obama’s birth.
But his discoveries only raised more questions.
The governor’s office in Hawaii said he had a valid certificate but rejected requests for access and left ambiguous its origin – leaving some to wonder if the certificate on file with the Department of Health indicates a Hawaiian birth or whether it was generated after the Obama family registered a Kenyan birth in Hawaii.
The Obama campaign posted a certification of live birth, a document stating the baby was born on Aug. 4, 1961. However, according to the Department of Hawaiian Home Lands, there is a difference between the two documents. A certification of live birth is not an authentication of Hawaiian birth, and critics say the procedure could have allowed Obama’s mother to have the baby elsewhere, return to the U.S. and obtain the document in Hawaii.
The Department of Hawaiian Home Lands makes a distinction between the two:
In order to process your application, DHHL utilizes information that is found only on the original Certificate of Live Birth, which is either black or green. This is a more complete record of your birth than the Certification of Live Birth (a computer-generated printout). Submitting the original Certificate of Live Birth will save you time and money since the computer-generated Certification requires additional verification by DHHL.
However, Andy Martin has specifically requested verification of the original 1961 type-written certificate of live birth – or, as the Department of Hawaiian Home Lands describes it, the “more complete record” of Obama’s birth.
Further adding to complications, Obama’s half-sister, Maya Soetoro, has named two different Hawaii hospitals where Obama could have been born. In a November 2004 interview with the Rainbow Newsletter, Maya told reporters her half-brother Sen. Barack Obama was born on Aug. 4, 1961, at Queens Medical Center in Honolulu; then in February 2008, Maya told reporters for the Honolulu Star-Bulletin that Obama was at the Kapiolani Medical Center for Women and Children.
Seeking to settle the issue, Hawaii Department of Health Director Director Chiyome Fukino released an Oct. 31 statement saying, “State law (Hawai’i Revised Statutes §338-18) prohibits the release of a certified birth certificate to persons who do not have a tangible interest in the vital record. Therefore, I as Director of Health for the State of Hawai’i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawai’i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.”
The statement does not clarify whether “the record” is a certification of live birth or a Hawaiian certificate of live birth.
Before the election, WND retained a top private investigator in Hawaii with extensive FBI training and tasked him with visiting both the Queens Medical Center and the Kaliolani Medical Center to investigate claims that Obama birth certificates existed at either hospital.
However, the private investigator reported that sheriff’s deputies were stationed at both hospitals to fend off press inquiries about Obama’s birth certificate.
When WND asked the Obama campaign spokeswoman why Obama simply hasn’t released the original 1961 certificate of live birth to make the lawsuits go away, she replied, “I have no idea. I think they released what they chose to release, and Hawaii has confirmed that he was born in Hawaii, so I don’t know what else you want.”
Tags: against, American citizen, birth, challenges, constitution, eligibility, law suits, lawsuits, legal isues, nortual born citizen, plagued, president, questions, rights, states
November 18, 2008 at 5:59 pm |
So, what is he hiding? What is the big deal about releasing his Birth certificate if he is not hiding something like he is Kenya born and not eligible to be the President? Doesn’t it seem like it is the simplest thing in the world just to show the document and end all of the suits? If he does in fact turn out to be from Kenya then it is not good for all of us who got duped.
November 18, 2008 at 6:01 pm |
With supporters like this, do you think facts and law even matter?
November 19, 2008 at 1:05 am |
A posting from Andrew Walden, publisher of the Hawaii Free Press, a right-wing blog based in Hawaii.
http://www.hawaiifreepress.com/main/ArticlesMain/tabid/56/articleType/ArticleView/articleId/92/Barack-Obama-Born-in-Hawaii.aspx
Barack Obama: Born in Hawai`i
by Andrew Walden
|
It is time to focus on REAL issues, not imaginary ones.
A fairly impressive internet industry has sprung up claiming that Obama was born in either Kenya or Indonesia. This is nonsense, which distracts from the broadly unexplored story of Obama’s upbringing. This kind of nonsense has emerged because the McCain campaign chose not to raise the many questions about Barack Obama’s numerous hard-left alliances. Barack Obama was born in Hawai`i, August 4, 1961 at Kapiolani Medical Center in Honolulu.
Obama’s birth certificate posted online is exactly the same birth certificate everybody in Hawai`i gets from the State Department of Health. It is not forged. There is nothing unusual about the design or the texture. In addition to the birth certificate, the August 13, 1961 Honolulu Advertiser also carries an announcement of Obama’s birth. The Honolulu Star-Bulletin also carries the same announcement. Both papers require submission of a copy of the birth certificate to print a birth announcement.
By refusing media requests for a look at the actual paper birth certificate, Obama’s campaign gave sly backhanded assistance to the forgery hype. The internet release of the birth certificate via hyper-partisan website Daily Kos on June 12 before posting it on a campaign website was likely calculated to fuel the frenzy. This is Obama’s Gramscian strategy designed to redirect the opposition down a blind alley. It was so successful that Hawai`i government offices found themselves inundated with telephone calls from mainland voters in the days before the November 4 election.
Since Hawai`i law forbids the release of birth certificates to anybody not authorized by Barack Obama or his family, Obama further fed the paranoia by choosing not to grant such permissions. A World Net Daily story claiming Hawai`i’s Republican Governor Linda Lingle “sealed” the birth certificate is totally false. The governor’s office has asked for a retraction. The forgery story was also boosted by video claims that Obama’s Kenyan grandmother stated that Obama “is a son of this village” — a phrase which can have many different meanings.
For Obama to have been born in Kenya, Ann Dunham and Barack Obama Sr. would have had to fly from Honolulu to Mombasa, give birth in a substandard third world hospital, fly back and then somehow arrange for a fraudulent birth certificate to be entered by the State of Hawai`i on August 8, 1961 (at the time governed by Republican William Quinn). They would have also somehow planted the phony birth announcement in the Honolulu Advertiser (at the time edited by Republican Thurston Twigg-Smith) and the Honolulu Star-Bulletin. Hawai`i’s current Republican Governor Linda Lingle would also have to be complicit in the cover-up as would all of the leftist 1960s University of Hawaii friends of Ann Dunham and Barack Obama Sr – among them US Rep. Neil Abercrombie.
In 1961, the roundtrip flight to Kenya would have been a very expensive, pointless, and time consuming epic journey for two starving students. Barack Obama Sr. had only been able to come study at UH Manoa with a free ticket on a donated charter flight with other Kenyan students. B
Obama benefited from creating an opposition which seemed to be standing by the side of the road impotently pointing to a piece of paper as if it could stop 63 million voters from anointing their “chosen one.” Birth certificate lawsuit plaintiff Phil Berg is a Democrat and whether he understands it or not, he has done great work on behalf of his party.
It is time for folks to stop being played by the Obama campaign and drop this counterproductive “phony birth certificate” nonsense. Obama opponents can find plenty of real material by focusing on the hard-left alliances, stated positions, personnel appointments and policy actions of the Obama administration and of the Democrat-controlled Congress.
November 19, 2008 at 6:05 pm |
There seem to be more and more lawsuits and questions being publicly aired related to Obama’s eligibility for President. One of considerable concern to me regards the age of his mother, the American citizen who was responisble for Obama’s becoming a citizen at birth. There is, of course, also the issue that Obama might actually have been born in Kenya that is of concern to many. Despite the fact that the mainstream media continue to make sure there is no mention of the questions being raised nor the lawsuits continuing to be filed, more and more people are finding out on the internet and through other sources, some of whom are very credible and they increasingly raise questions regarding how reliable and credible the mainstream media has become….
At any rate, I think most people would agree that Obama, himself, and his aides around him can end all of this by simply putting all of this to rest with the truth. Why Obama and his aides continue to put down the increasing questions about his eligibility and his people continue to try to stop all lawsuits from going through is not a good sign. Obama has a legal background and knows very well how to stop actions that are not in his best interests. However, I believe that he also learned the importance of facts and honesty as basis of partnership/trust relationships, absolutely vital as well to anyone aspiring to be the leader of a democratic country.
November 19, 2008 at 6:42 pm |
I think there is more to Obama’s eligibility that the mainstream media and Obama’s aides do not want to discuss. Even if the public simply accepted that Obama was born in Hawaii and put that to rest, there seem to be other questions that remain such as the age of the his mother, the citizen of the USA, at the time of his birth and also his having more than one citizenship growing up, etc. The questions more people continue to raise that affect his eligibility won’t simply go away because Obama and his aides continue to ignore or downplay them, or because the mainstream media doesn’t want to research or report on them. The truth has a way of eventually coming out.
November 23, 2008 at 1:14 pm |
I have to concur with what smrstrauss says. As a student of law I looked at all his points posted at concurring opinions site, twisting and turning them from his post dealing with Obama’s citizenship. Clearly he can argue and win that point and win I do think there is a wave brought on by the Obama camp to trap us into discussion. Why has Rush only brought this up as “doesn’t think this passes the stink test”? I do think he had a notion.
November 23, 2008 at 6:14 pm |
ISSUE 1
Obama and H. Clinton and other Obama appointees are in VIOLATION OF THE US CONSTITUTION::
The Washington Post reports that, beyond the vetting, there may be another roadblock to Hillary Clinton’s Cabinet seat: a clause in the Constitution.
It’s called the Constitution of the United States, specifically, Article One, Section Six, also known as the emoluments clause. (“Emoluments” means things like salaries.) It says that no member of Congress, during the term for which he was elected, shall be named to any office “the emoluments whereof shall have been increased during his term.” This applies, we’re advised, whether the member actually voted on the raises or not.
In Clinton’s case, during her current term in the Senate, which began in January 2007, cabinet salaries were increased from $186,600 to $191,300.
ISSUE 2
I have a QUESTION?
At his (Obama) birth his parents gave him the name of B H
OBAMA. Then the parents divorced and mom remarried Sortero. Sortero
“ADOPTED” Obama and changed his name to “BARRY SORTERO”. So when did B.
Sortero change his name BACK to Obama? He had to do this through the
courts to be legally able to use20the BH OBAMA name, is this right? If it
is and he just resumed the OBAMA name. WITHOUT going back to court, Then
the PEOPLE actually voted for BARRY SORTERO and NOT OBAMA!? What do you
think? Can anyone find out? It would be interesting to know. Because, if
Obama DID NOT LEGALLY get his birth name back, then ALL the documents, the
ELECTION BALL OT,etc, ALL WOULD BE A FRAUD because the PEOPLE VOTED FOR
SOMEONE THAT DID NOT EXIST!!
ISSUE 3
An investigation into Indonesian citizenship law and a review of Obama’s biography and travels suggest the Illinois senator at one point may have been a citizen of Indonesia. That would not necessarily disqualify Obama to run for president, but it could raise loyalty concerns.
A 2007 Associated Press photograph taken by Tatan Syuflana, an Indonesian AP reporter and photographer, surfaced last week on the Daylife.com photographic website showing an image of Obama’s registration card at Indonesia’s Fransiskus Assisi school, a Catholic institution.
In the picture, Obama is registered under the name Barry Soetoro by his stepfather, Lolo Soetoro. The school card lists Barry Soetoro as a Indonesian citizen born Aug. 4, 1961, in Honolulu, Hawaii. His religion is listed as Muslim.
After attending the Assisi Primary School, Obama later wa s enrolled at SDN Menteng 1, an Indonesian public school.
Obama’s campaign did not return repeated WND phone calls and e-mail queries the past week asking for a clarification regarding the school documentation listing the presidential candidate’s citizenship as Indonesian.
ISSUE #4
Someone from TEAMSARAH posted this on another thread but it is explosive
enough to merit it’s own discussion. I listened to the audio and the
Kenyan Ambassador ADMITS BHO was born in Kenya!
http://my.wrif.com/mim/?cat=9
listen to this….at about 12:00 in, the Kenyan Ambassador ADMITS that
Barack Obama was born in KENYA not the USA!
This means that he is NOT eligible to be POTUS!
November 24, 2008 at 4:05 pm |
http://www.leg.state.nv.us/NRS/NRS-298.html#NRS298Sec080
Nevada revised statutes require the parties and electral college to verify that they have acted in accordance with the Constitution, not the SOS. The Electral College would need to be sued
December 29, 2008 at 11:20 am |
I think the supreme judge should listen to the people with their cases against Obama. If he is not eligible and is sworn in anyway then this sets the position that other men and women that are not natural born citizens can hold the office of president. Our constitution will be meaningless, our country no longer America. This is a frightening situation.
I heard the interview of Obamas grandmother and the interview with the ambassador and both said he was born in Kenya. A spokesperson for Obama s grandmother not the grandmother backpeddled and the ambassador backpeddled. This I find strange that they said they misunderstood the question when it was a very simple question. Was Obama born in Kenya. The Ambassordor couldnt say he was talking about the Obama sr, because he stated His grandmother still lives here in Kenya. These were not mistakes only changed from someone telling them to.
Clearly all these things should be questioned and brought before the judges and the judges need to uphold the law that they swore to do.
If the judges doesn’t do this then our judicial system too is lost.
Seems to me this man that has been elwcted has caused a lot of choas
that is the worst I have ever seen in this country.
At the very least we as citizens have the right to know if this person is who he says he is . And Hawaii and Kenya should have to cough up those papers of Obama’s birth to be shown to the people Of America. Why are they hiding them anyway. It will better for Obama to be found out now then after he is sworn in.
May 2, 2009 at 6:15 am |
( Q ) Whats the difference between swine flu and Obama?
( A ) There is no difference because both are swines and both do not have birth certificates.