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More cases on natural-born citizen status aimed at Supreme Court
::
   AIP-minded Activists & Independent Projects -> Helen Moore's Obama Watch - 'Say NO to Socialism!'

We have read on several threads of attorney Philip Berg's case against Barack Obama's being a natural born citizen. Also, Andy Martin filed a lawsuit in October in Honolulu to release Barack Obama's birth records. These are being appealed to the Supreme Court of the United States.
http://www.thebulletin.us/site/index.cfm?newsid=20193200&BRD=2737&PAG=461&dept_id=576361&rfi=8

See also "ELECTION 2008 DNC steps in to silence lawsuit over Obama's birth certificate" http://www.aipnews.com/talk/forums/thread-view.asp?tid=545&posts=5
and
"2nd lawsuit challenges Obama's citizenship" http://www.aipnews.com/talk/forums/thread-view.asp?tid=713&posts=10 and
"NJ voter manages to get Obama-McCain suit challenging natural born status to the Supreme Court" http://www.aipnews.com/talk/forums/thread-view.asp?tid=934&posts=6

From Article II, Section 1 of the Constitution of the United 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; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States."

From Article III, Section 1:
"The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish...."

From Article III, Section 2:
"The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution...."

Citizens have raised a number of questions regarding the natural-born citizen status concerning Senators Obama and McCain and therefore their eligibility to serve as President of the United States under the requirements of its Constitution. Evidences that have arisen have cast further doubts on the natural born status of these men. In no case have evidences been produced to satisfy the plaintiffs, those seeking proof that these are natural-born citizens.

Upon registering to vote, citizens of Florida are required to sign an oath which says in part: "I do solemnly swear (or affirm) that I will protect and defend the Constitution of the United States...."

Elected officials also swear to uphold the Constitution of the United States. In particular, even if Senator Barack Obama has won a plurality of the popular vote for President in the general election of November, Electors of the Electoral College should be instructed to refuse to cast votes for Sen. Obama if he is not a natural-born citizen of the United States and so ineligible to serve as President of the United States.


Edited by Gregory 2008-11-13 11:21 AM
Posted 2008-11-13 11:04 AM (#3111) By: Gregory


This comment was posted to the Augusta article on the Keyes suit.

There is a hearing in the Hawaiian court tomorrow Nov. 18 in the Martin case for an order to produce the original birth certificate. It is possible the original birth certificate is from Kenya and was used to register Obama as an infant in Hawaii. All of the lawsuits (11 to 15) were dimissed due to lack of standing, or on technical grounds. Obama has never answered or produce his records, instead they have all been sealed. The Keyes lawsuit will not have that problem, Obama will have to produce.

http://www.nbcaugusta.com/news/elections/obama/34587804.html

Posted 2008-11-17 4:21 PM (#3264 - in reply to #3111) By: Philomena


Though it was listed in the "most popular story" column, the story about the Keyes lawsuit has been pulled. There were MANY comments besides the one quoted above. I just submitted my own "for approval". Try the link from the post above. It no longer is active.
Posted 2008-11-17 5:14 PM (#3270 - in reply to #3264) By: groovsmyth


Absolutely amazing.
Posted 2008-11-17 5:19 PM (#3271 - in reply to #3270) By: EternalVigilance


Down Orwell's "memory hole"?
Posted 2008-11-17 5:20 PM (#3272 - in reply to #3270) By: EternalVigilance


If you go to the Augusta website, the Most Popular Stories column on the right does not list the Keyes story.

But click on another story. It will take you to a page that lists "TOOLS"

In the Tools directory, click Most Popular. The Keyes story is still listed as the #1 E-MAILED story for TODAY. However, if you click "save" and try to bring up the given URL in a browser, the page doesn't exist. Also, if you try forwarding the story to an e-mail (and copying to yourself) that function bears no fruit.

Note that disclaimers on the page caution, that not only are comments moderated, but they can be removed at any time.

Scrubbed.

Edited by groovsmyth 2008-11-17 5:45 PM
Posted 2008-11-17 5:27 PM (#3273 - in reply to #3272) By: groovsmyth


Good thing I copied the whole article.  Here it is for this thread:

Former Obama opponent now suing to prove President-elect's citizenship

NBC Augusta
By
Rich Rogers rrogers@nbcaugusta.com
Story Published: Nov 17, 2008 at 12:30 PM EST
Story Updated: Nov 17, 2008 at 7:05 PM EST

SACRAMENTO, Calif.- A former opponent of Barack Obama's has come back to haunt him over questions regarding Obama's citizenship.

According to a press release from the little known American Independent Party, former presidential candidate Alan Keyes and other members of his the party have filed suit in California Superior Court in Sacramento to stop the state from giving its electoral votes to President-elect Barack Obama until documentary evidence is provided to prove Obama is indeed a natural born citizen of the United States.

Some conservatives have questioned Obama's citizenship in recent months. Obama says he was born in Hawaii in 1961.

Keyes also ran against Obama as a Republican for the U.S. Senate seat in Illinois in 2004. Obama won that election to serve his first and only term in the U.S. Senate.

See article and photo:

http://www.nbcaugusta.com/news/elections/obama/34587804.html



Edited by Philomena 2008-11-17 5:30 PM
Posted 2008-11-17 5:29 PM (#3274 - in reply to #3273) By: Philomena


that link still doesn't provide a page for me
Posted 2008-11-17 5:32 PM (#3275 - in reply to #3274) By: groovsmyth


Looks like it was yanked, comments and all.  Can't have NBC carrying that kind of fact, can they?

cen·sor·ship - the institution, system, or practice of censoring; the actions or practices of censors, especially censorial control exercised repressively

censor - to examine in order to suppress or delete anything considered objectionable , censor the news; to suppress or delete as objectionable

 

Posted 2008-11-17 5:48 PM (#3279 - in reply to #3275) By: Philomena


It would appear, not to inflate my influence, that the comment I submitted, disturbed the Augusta News Director.

I pointed out that there is an entire branch of the U.S. government (SCOTUS) dedicated to ensuring that the Legislative Branch doesn't make laws contrary to the U.S. Constitution. The Supreme Court also protects the guidelines written into the Constitution.

To allow a person to bypass the requirements to become POTUS, would be tantamount to Affirmative Action for the Presidency. This is paraphrased, but conveys the gist of my comment.
Posted 2008-11-17 5:50 PM (#3280 - in reply to #3275) By: groovsmyth


That wouldn't be the reason they pulled the entire story.  They may have deleted your comment, but not the entire story because of your comment.
Posted 2008-11-17 5:57 PM (#3282 - in reply to #3280) By: Philomena


Link active and page again visible.
With a whole lot more comment activity!!!

Was the view of the birth certificate in the story before?
Was the story not visible while they worked on the page?

Strange timing. It was there one minute, then gone the next.

Glad that it is now back.

Edited by groovsmyth 2008-11-18 3:15 PM
Posted 2008-11-18 3:11 PM (#3295 - in reply to #3282) By: groovsmyth


They called me earlier to check on facts. Told me they had 98,000 hits on the story. And that we BEFORE Drudge linked to it.
Posted 2008-11-18 3:30 PM (#3298 - in reply to #3295) By: EternalVigilance


---------- Forwarded message ----------
From: J Paulson
Date: Tue, Nov 18, 2008 at 6:44 PM
Subject: Supreme court ruling on Obama's eligibility for presidency
To: Jim Paulson


The Supremes will review the federal lawsuit filed against Barack Obama in order to prove his lawful status to become president based on his citizenship requirements. Meanwhile, mainstream media is sitting on their collective keyboards with this storyline and instead focusing on what Obama's cabinet will look like.

http://origin. www.supremecourt us.gov/docket/ 08-570.htm

Supreme Court Of The United States (SCOTUS) Justice David Souter has agreed that a review of the federal lawsuit filed by attorney Phil Berg against Barack Hussein Obama II, et al., which was subsequently dismissed for lack of standing is warranted. SCOTUS Docket No. 08-570 contains the details.

A review of that docket and the Rule 10 of the Supreme Court makes abundantly clear that Justice Souter's granting of a review on the Writ of Certiorari is not a right entitled to citizen Phil Berg, but rather is a matter of judcial discretion based upon a compelling reason. That compelling reason is the Constitutional requirement that "No person except a natural born citizen ... shall be eligible to the office of President... "

What this means is that on or before 1 DECEMBER 2008 Barack Hussein Obama II must respond to the writ of certiorari, and since the Berg v Obama case hinged primarily on the question of Obama's place of birth, it is almost inconceivable that Barack Obama will thumb his nose at the Justices of the Supreme Court and he is absolutely compelled to provide a vault copy his original birth certificate.

Another very salient fact to consider at this time is that, despite all of the pronouncements of the print and broadcast media, Barack Obama is not yet the President-elect of the United States. Barack Obama can only become the President-elect after the Electoral College convenes on 15 DECEMBER 2008 in their respective state capitals around the nation and casts their votes to elect the President and the Vice President. As you can see this election day occurs two weeks after the required response to the Supreme Court granted Writ of Certiorari.

The bottom line is this: the presidential election of 2008 remains an ongoing process, the outcome of which remains undetermined, and all talk about a potential Constitutional crisis in the United States are at least 36 days premature.

The inevitable constitutional crisis regarding President-elect Obama, of course, revolves around his inability (or unwillingness) to produce an authentic Hawaiian birth certificate with the raised certificate stamp that the Federal Elections Commission can independently verify.

Here are some of the unanswered issues hanging over the head of President-elect Barack Obama and the question of his American citizenship:

  • · The allegation that Obama was born in Kenya to parents unable to automatically grant him American citizenship;
  • · The allegation that Obama was made a citizen of Indonesia as a child and that he retained foreign citizenship into adulthood without recording an oath of allegiance to regain any theoretical American citizenship;
  • · The allegation that Obama's birth certificate was a forgery and that he may not be an eligible, natural-born citizen;
  • · The allegation that Obama was not born an American citizen; lost any hypothetical American citizenship he had as a child; that Obama may not now be an American citizen and even if he is, may hold dual citizenships with other countries. If any, much less all, of these allegations are true, the suit claims, Obama cannot constitutionally serve as president.
  • · The allegations that "Obama's grandmother on his father's side, half brother and half sister claim Obama was born in Kenya," the suit states." Reports reflect Obama's mother went to Kenya during her pregnancy; however, she was prevented from boarding a flight from Kenya to Hawaii at her late stage of pregnancy, which apparently was a normal restriction to avoid births during a flight. Stanley Ann Dunham (Obama) gave birth to Obama in Kenya, after which she flew to Hawaii and registered Obama's birth."
  • · The claim could not be verified by inquiries to Hawaiian hospitals, since state law bars the hospitals from releasing medical records to the public;

Even if Obama produced authenticated proof of his birth in Hawaii, however, the suit claims that the U.S. Nationality Act of 1940 provided that minors lose their American citizenship when their parents expatriate. Since Obama's mother married an Indonesian citizen and moved to Indonesia, the suit claims, she forfeited both her and Barack's American citizenship.

This argument has never been about political party attack or race. This story has always been about what is right, what is constitutional and that we must maintain our respect for the requirements set out in the Constitution. See Article II, Section 1, Clause 4 of the U.S. Constitution.

Posted 2008-11-19 9:36 AM (#3339 - in reply to #3111) By: nmaureen


Amen!
Posted 2008-11-19 9:45 AM (#3341 - in reply to #3339) By: groovsmyth


Lawsuits Proliferate Demanding Proof of Obama's Natural-Born Citizenship Before Electoral Vote Count

Keyes warns against "an unprecedented and looming constitutional crisis"

By Kathleen Gilbert
November 19, 2008
LifeSiteNews.com

Sacramento Supreme Court petition filed on behalf of Alan Keyes and others has asked the Secretary of State to withhold the state's 55 electoral votes from the December Electoral College tally until President-Elect Barack Obama proves he is eligible to take office.

The court document joins a host of litigation questioning Obama's eligibility in as many as 15 states, with confirmed cases in Ohio, Connecticut, Washington, New Jersey, Pennsylvania, Georgia and Hawaii, and unconfirmed reports from Utah, Wyoming, Florida, New York, North Carolina, Texas, California and Virginia, according to WorldNetDaily. 

All the cases reported to have failed were dismissed due to the plaintiff's lack of standing, without the court actually investigating the complaint. 

However, as Keyes was on the November ballot as the American Independent Party presidential candidate, his is the first case in which the plaintiff is a candidate who lost the presidency, perhaps illegitimately, to Obama.  This may mean that Keyes' case will be the first in which the plaintiff is deemed to have sufficient standing, leading the court to investigate the complaint instead of dismissing it.

"Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void, Petitioners, as well as other Americans, will suffer irreparable harm in that an usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal," Keyes wrote to the Sacramento Supreme Court.

"An unprecedented and looming constitutional crisis awaits if a President elected by the popular vote and the electoral vote does not constitutionally qualify to serve in that capacity," the court document continued.

In response to questions about why the suit was being filed, Keyes commented, "I and others are concerned that this issue be properly investigated and decided before Senator Obama takes office.  Otherwise there will be a serious doubt as to the legitimacy of his tenure.

"I hope the issue can be quickly clarified so that the new President can take office under no shadow of doubt," concluded Keyes. "This will be good for him and for the nation."

According to the United States Constitution, only a natural-born American citizen is eligible for the office of the presidency.  Questions and rumors about President-elect Obama's birthplace and legal citizenship gained steam in the weeks leading up to the election, and continue to fly as Obama refuses to release his original birth certificate and medical records to the media (http://www.lifesitenews.com/ldn/2008/oct/08102712.html). 

The Obama camp dismisses the charges as "garbage."  But without the demanded proof, purported evidence that Obama was born in Kenya or else lost his natural-born citizenship in Indonesia continue to gain notoriety on the internet, including a Youtube video of Obama's Kenyan grandmother saying the Illinois senator is native to her Mombosa village. (http://www.youtube.com/watch?v=-4FqVRWgrNw&eurl=http://b...)

Obama claims to have been born in Hawaii, and has released an image of a Hawaiian certification of live birth.  This did not satisfy some skeptics, however, who insist the image was forged.

One case, filed by lifelong Democrat Philip J. Berg of Philadelphia, is currently before the Supreme Court.  The defendants, including Obama and the Democratic National Committee, have until December 1st to respond to Berg's appeal to the Supreme Court.  The district court judge that first heard Berg's case had told Berg he did not have standing to bring charges.

Berg told LifeSiteNews.com that more court activity across America calling for the withholding of electoral votes until the matter is settled, like Keyes' petition, is likely. 

Berg says he is very optimistic about his pending case, and says he is certain the Supreme Court will not be able to ignore the issue.  "Our government is based on the U.S. Constitution, we're asking for the enforcement of certain terms here that are very basic," he said. 

"I think this is the biggest hoax perpetrated upon the American public in the history of our country, and I really think certain people should end up going to jail," Berg added.

Berg warned that, if Obama truly is ineligible, and nonetheless inaugurated, there would be "a real constitutional crisis.

"We'd have a nightmare on our hands," he said.

See related LifeSiteNews.com coverage:

Case Claiming Obama Ineligible for Presidency Appealed to Supreme Court
http://www.lifesitenews.com/ldn/2008/oct/08102712.html

Posted 2008-11-20 6:41 AM (#3368 - in reply to #3111) By: Philomena


cc, 11/20/08
Posted 2008-11-20 7:42 PM (#3412 - in reply to #3368) By: Savvy


Top
Posted 2008-11-22 6:54 PM (#3529 - in reply to #3412) By: Philomena


Insufficient Public Interest?
By Joseph Farah
November 24, 2008
WolrdNetDaily

Another lawsuit attempting to obtain a copy of Barack Obama's Hawaiian birth certificate was thrown out Friday by a judge who said there was "insufficient evidence to indicate that the public interest supports" the document's release.

Judge Bert Ayabe upheld arguments from Republican Gov. Linda Lingle's office, which, inexplicably, has fought tooth and nail to protect the birth certificate from public scrutiny even though it remains the key to establishing whether the man elected to be the next president is actually eligible under the Constitution.

Ayabe ruled that Andy Martin, the man who filed the suit, did not have standing under state law because he did "not have a direct and tangible interest in the vital statistic records being sought, namely the birth certificate of President Obama."

Yes, you read that right. The judge in the case not only denied the motion, he also elevated Obama to the presidency before the Electoral College votes and before the Inauguration takes place Jan. 20. Is it any wonder he didn't understand the constitutional issues at stake?

But it is that other excuse for not releasing the document that really has me bugged – "insufficient evidence to indicate that the public interest supports" the release.

Let me point you to Exhibit A in the evidence-of-public-interest department: It is a petition I launched Friday to all controlling legal authorities – Congress, Supreme Court, Federal Elections Commission, Electoral College, etc. – urging scrutiny of the original birth certificate and release of facsimile to the public.

Within 24 hours, 24,000 people had signed up.

Within 48 hours, 48,000 people had signed up.

Do you see a pattern here?

Read more ...

Posted 2008-11-24 12:50 PM (#3603 - in reply to #3529) By: Philomena


Electors refuse to cast ballots for states Obama won?

I second that.

If Obama is permitted to go forward as the U.S. Chief Executive, having deceived the public as to his status as a legitimate candidate for the presidency, the 52 million votes for him still mean nothing at all.

Those people did not vote to amend the Constitution.

They did not cast a ballot for Obama just to satisfy his thirst for power.

He over-estimates the love people have for him.

The Constitution is far more important than any one man, particularly one who would defraud We the People in order to gain some kind of power perch from which to save the world.

The rage he provokes from a hoodwinked electorate may shock both him and his handlers.
Posted 2008-11-24 2:29 PM (#3610 - in reply to #3111) By: Roundhead


You may well be right.
Posted 2008-11-24 2:47 PM (#3613 - in reply to #3610) By: EternalVigilance


bttt
Posted 2008-11-25 8:35 PM (#3688 - in reply to #3613) By: Philomena


The Bulletin - Philadelphia's Family Newspaper

Obama Court Cases Await Dates In December
By John P. Connolly, The Bulletin
11/26/2008

Two of the court cases surrounding president elect Barack Obama's birth certificate controversy are expecting important decisions from the Supreme Court in early December.

Philip J. Berg, the Pennsylvania lawyer who filed a lawsuit against Mr. Obama in August, filed a writ requesting that the U.S. Supreme Court hear an appeal on his case, which was dismissed in early November. According to the writ, Mr. Obama has until Dec. 1 to respond to the petition for appeal. If the court grants the petition, the case will be scheduled for the filing of briefs and for oral argument.

In New Jersey, Leo Donofrio filed suit against New Jersey Secretary of State Nina Wells, asserting she had not maintained the integrity of the electoral process. His case was rejected at the state level, and he presented it to Supreme Court Justice David Souter. When Justice Souter rejected the case, Mr. Donofrio presented it to Justice Clarence Thomas, who docketed it for conference on Dec. 5. In that conference, if four of the nine Supreme Court justices decide to accept the case, then hearings will be scheduled for the case.

The controversy exists over questions of Mr. Obama's eligibility to serve as president of the U.S. Mr. Obama has been unwilling to release his original long form birth certificate, fueling speculation that he has something to hide. Multiple lawsuits have been filed over the matter, some of which have been dismissed for lack of standing.

John P. Connolly can be reached at jconnolly@thebulletin.us
©The Bulletin 2008

Posted 2008-11-26 5:54 AM (#3696 - in reply to #3688) By: Philomena


Andy Martin says a Hawai'i court erred in refusing to release Barack Obama's birth certificate

Andy Martin asks Hawai'i court to reconsider flawed Obama ruling
2008-11-26 09:28:04

Martin says the Hawai'i court ignored Hawai'i law and misconstrued the plain language in a lawsuit seeking access to Barack Obama's birth cerrtificate.  Martin is prepared to proceed with an appeal to Hawai'i's Intermediate Court of Appeals.

ANDY MARTIN
Post Office Box 1851
New York, NY 10150-1851
Toll-free tel. (866) 706-2639
Toll-free fax (866) 707-2639
E-mail (text only):
AndyMart20@aol.com

CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII
CIVIL NUMBER: 08-1-2147-10-BIA
(Declaratory Judgment)

ANDY MARTIN, Plaintiff,
vs.
LINDA LINGLE, in her Official capacity as Governor Of the State of Hawai'i, DR. CHIYOME FUKINO, in her official capacity as Director of the Department of Health, Defendants.
_

MOTION FOR RECONSIDERATION OF COURT'S ORDER OF NOVEMBER 19, 2008

Preliminary Statement

The Court managed to take what is at its core a simple and straightforward case seeking review of denial of access to a Hawai'i record, and to add layers of confusion and complexity that were totally unwarranted by the record made in open court on November 18th. For the reasons that follow, Plaintiff moves the Court to reconsider, vacate and rehear the matters decided on November 19th using the correct procedures and standards of law.
Plaintiff initially thought that he would appeal the order to the Intermediate Court of Appeals, but it would be a disservice to that Court to appeal such a mangled and needlessly confused record from the trial forum. Thus, the Rule 59 motion (see below) stays any appeal until a decision on this motion.

1. Procedural basis for reconsideration

Read more ...

Posted 2008-11-26 6:09 AM (#3697 - in reply to #3603) By: Philomena


The Concord [NH] Monitor - Online Edition

Two elections petitions go to Supreme Court

Posted 2008-11-26 6:24 AM (#3698 - in reply to #3697) By: Philomena


American Thinker

Why the Barack Obama Birth Certificate Issue Is Legitimate
November 26, 2008
By Joe the Farmer

Does this Barack Obama birth certificate issue bug you because, although improbable, it's possible that he's not a natural born citizen, isn't eligible to be President under the Constitution, and this issue could be bigger than Watergate -- or any other "gate" in history?

Are you afraid that if you were even to raise the subject with your friends that they will think you wear a tinfoil hat, because Factcheck.org, the final arbiter of truth in the universe, said so?

Are you with the news media, and after spending so much money to get Barack Obama elected, you'd hate to ruin your investment?

Are you a talk radio host who thinks that if you say the burden of proof needed to demonstrate one is eligible to be Commander in Chief should be at least as high as, oh, say, the level to be eligible for Hawaiian homestead status (see 1.F. below), that you'd be forced to give equal time to someone who disagrees?

Are you a conservative, libertarian, or any conscientious constitutionalist from any ideological side of life, who's convinced something's not right, but you're afraid your reputation might be tarnished because, after all, this could be one big Saul-Alinsky-style set-up, and the joke would be on you?

Fear not!  Joe the Farmer has prepared an outline showing that no matter how this issue is ultimately resolved, you have legitimate concerns, and that Barack Obama should, simply out of respect for the nation he was elected to lead, disclose the sealed vault copy of his birth certificate.

Given the circumstances, if Barack Obama respected this nation, he would prove it by the simplest and easiest of gestures - unless, of course, all this talk about change and hope was just a bunch of bull, and he's just "another politician."  Here's the outline:

1.  Under Hawaiian law, it is possible (both legally and illegally) for a person to have been born out of state, yet have a birth certificate on file in the Department of Health.
Posted 2008-11-26 6:32 AM (#3699 - in reply to #3698) By: Philomena


Review, 11/29/08
Posted 2008-11-29 6:58 PM (#3832 - in reply to #3271) By: Savvy

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McCain Files Bill To Repeal Key Sections of the Dietary Supplement Health and Education Act - Philomena (0 replies)

Maryland PR firm sez as long as it's a person, it'll run for Congress - EternalVigilance (2 replies)

Would you die for your faith? - Philomena (9 replies)

Peter Marshall Commentary 12/17/2009 - SonofAsaph (0 replies)

LifeSiteNews.com - Friday February 5, 2010 - Philomena (0 replies)

Maryland clotheslines - Democrat in state legslature acts on AIP candidate's 2008 campaign plank - catstack (5 replies)

Maryland - gambling - competing Anne Arundel sites in petition duel - SteveSchulin (1 replies)

Culver signs executive order giving union construction contractors preference for state work [IA] - Philomena (1 replies)