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Hawaiian Supremes asked to take 'action' on WND report

Posted By Bob Unruh On 07/09/2009 @ 11:50 pm In Front Page | Comments Disabled


Andy Martin

A Chicago activist who has asked Hawaii courts to unseal Barack Obama’s birth certificate now is urging the state’s Supreme Court to take action following a WND report documenting conflicting reports on the president’s birth location.

“This court should take decisive action before the court itself becomes a part of a questionable pattern of behavior concerning a document that is obviously relevant to American history,” said a pleading posted on Andy Martin’s website for submission to the state Supreme Court.

Martin previously asked the Intermediate Court of Appeals in Hawaii to order the release of the president’s original birth certificate, explaining that state officials waived their ability to claim privacy or secrecy by previously commenting on the document.

His request came in a lawsuit against Gov. Linda Lingle and others that seeks an order making the document available to the public. Martin, who writes on the ContrarianCommentary.blogpost.com page, filed his lawsuit Oct. 17, 2008, seeking a declaratory judgment to obtain access to the 1961 birth certificate of Barack Obama, who then was a candidate for president.

A circuit judge set a hearing after the election, but because of a growing controversy over the complete absence of documentation about Obama’s birthplace – and therefore his constitutional eligibility to be president – Hawaiian Health Director Chiyome Fukino issued a statement:

“I, and Dr. Alvin Onaka have personally seen and verified that the Hawaii State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.”

Martin alleges the public statement waived any further claims of secrecy on the part of state officials.

Want to turn up the pressure to learn the facts? Get your signs and postcards asking for the president’s birth certificate documentation here.

Now Martin, citing WND’s report this week, says the question of where Obama was born “continues to be clouded and occluded.”

He noted the article presents “conflicting claims emanating from the Obama family itself as well as other reputable sources.”

He said his goal is “access to an indisputable archival, historical record of the American presidency.”

“Where conflicts in the public records and conflicting claims exist about the highest elected official in the United States, a court should be particularly wary in covering up the original document that can answer the conflicting claims with reasonable finality,” he wrote. “When a court or a judicial system aids and abets in a cover-up of historical truth, ultimately the court itself will become the victim of its own machinations.

“Petitioner asks that this court judicially notice the attached article … for the fact that the question of the Hawaii birth certificate is taking on greater, not diminished, significance for a growing segment of the American people,” Martin wrote.

WND reported on various claims for Obama’s birthplace from his own campaign website, Snopes, a hospital website in California, UPI and others.

WND reported later that some of those sources, including UPI and Snopes, changed their references shortly after WND’s report.

WND has reported that documentation – along with his birth certificate – not yet available includes Obama’s kindergarten records, Punahou school records, Occidental College records, Columbia University records, Columbia thesis, Harvard Law School records, Harvard Law Review articles, scholarly articles from the University of Chicago, passport, medical records, files from his years as an Illinois state senator, Illinois State Bar Association records, any baptism records and his adoption records.

There also are some who maintain Obama was not born in the U.S. at all as he claims, but in Africa.

An affidavit submitted to WND by Rev. Kweli Shuhubia, an Anabaptist minister in Kenya, who is the official Swahili translator for the annual Anabaptist Conference in Kenya, asserts “it is common knowledge throughout the Christian and Muslim communities in Kenya that Barack Hussein Obama, Jr., was born in Mombasa, Kenya.”

Shuhubia further states in his affidavit that he visited Obama’s grandmother at her home in the village of Alego-Kogello, on Oct. 16, 2008, in order to conduct a telephone conference interview that would connect with McRae in the United States.

During the telephone interview, McRae specifically asked Sarah Obama two times, “Were you present when your grandson was born in Kenya.”

“Both times she specifically replied, ‘Yes,’” Shuhubia affirmed in the affidavit.

“Ms. Sarah Hussein Obama was very adamant that her grandson, Senator Barack Hussein Obama, was born in Kenya, and that she was present and witnessed his birth in Kenya, not the United States,” Shuhubia continued in the affidavit.

WND also reported the office of Hawaii Republican Gov. Linda Lingle has officially declined a request made in writing by WND in Hawaii to obtain a copy of Obama’s hospital-generated long-form original birth certificate.

The “Certification of Live Birth” posted online and widely touted as “Obama’s birth certificate” does not in any way prove he was born in Hawaii, since the same “short-form” document is easily obtainable for children not born in Hawaii. The true “long-form” birth certificate – which includes information such as the name of the birth hospital and attending physician – is the only document that can prove Obama was born in Hawaii, but to date he has not permitted its release for public or press scrutiny.

Oddly, though congressional hearings were held to determine whether Sen. John McCain was constitutionally eligible to be president as a “natural born citizen,” no controlling legal authority ever sought to verify Obama’s claim to a Hawaiian birth.

Here is an actual Hawaiian birth certificate from 1963 (the same era as Obama’s birth), which while redacted includes detailed information documenting a birth, including the name of the birth hospital and the attending physician. Beneath it is the short-form “Certification of Live Birth” offered by President Obama as proof of his Hawaiian birth. It is possible to have been born outside of Hawaii and still obtain the latter form, but not the former:


Long-form birth certificate from state of Hawaii (Image courtesy Philip Berg)

Here is the “Certification of Live Birth” presented by Obama:


Short-form “Certification of Live Birth”

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 he 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.

Complicating the situation is Obama’s decision to spend sums estimated in the hundreds of thousands of dollars to avoid releasing a state birth certificate that would put to rest all of the questions.

Among the cases have been several from Democrat Philip Berg, who has alleged that not only is Obama ineligible to be president, he was unqualified to be the senator from Illinois and should be prosecuted under the False Claims Act.

The key question in the dispute also is being raised on billboards nationwide.


“Where’s The Birth Certificate?” billboard in Pennsylvania

The billboard campaign follows an ongoing petition campaign launched several months ago by WND Editor and Chief Executive Officer Joseph Farah.

They are intended to raise public awareness of the fact that Obama has never released the standard “long-form” birth certificate that would show which hospital he was born in, the attending physician and establish that he truly was born in Hawaii, as his autobiography maintains.

Send a contribution to support the national billboard campaign that asks a simple question: “Where’s the birth certificate?”

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.
  • Berg has three cases pending, including Berg vs. Obama in the 3rd U.S. Circuit Court of Appeals, a separate Berg vs. Obama challenging Obama’s eligibility to be a U.S. senator 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 lawyer 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. She also has brought forward several other cases and has conducted several public campaigns to generate awareness of the issue.
  • In Texas, Darrel Hunter vs. Obama later was dismissed.

  • In Ohio, Gordon Stamper vs. U.S. later was dismissed.
  • In Texas, Brockhausen vs. Andrade.
  • In Washington, L. Charles Cohen vs. Obama.
  • In Hawaii, Keyes vs. Lingle, dismissed.

In addition, other cases cited on the RightSideofLife blog as raising questions about Obama’s eligibility include:

  • In Texas, Darrel Hunter vs. Obama later was dismissed.

  • In Ohio, Gordon Stamper vs. U.S. later was dismissed.
  • In Texas, Brockhausen vs. Andrade.
  • In Washington, L. Charles Cohen vs. Obama.

Note: Members of the news media wishing to interview Joe Kovacs, Jerome Corsi, Joseph Farah or Bob Unruh on this issue, please contact WND.



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