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Why the Barack Obama Birth Certificate Issue Is Legitimate

November 26, 2008

American Thinker

Why The Barack Obama Birth Certificate Issue Is Legitimate

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.

A. From Hawaii's official Department of Health, Vital Records webpage: "Amended certificates of birth may be prepared and filed with the Department of Health, as provided by law, for 1) a person born in Hawaii who already has a birth certificate filed with the Department of Health or 2) a person born in a foreign country" (applies to adopted children).

B. A parent may register an in-state birth in lieu of certification by a hospital of birth under HRS 338-5.

C. Hawaiian law expressly provides for registration of out-of-state births under HRS 338-17.8. A foreign birth presumably would have been recorded by the American consular of the country of birth, and presumably that would be reflected on the Hawaiian birth certificate.

D. Hawaiian law, however, expressly acknowledges that its system is subject to error. See, for example, HRS 338-17.

E. Hawaiian law expressly provides for verification in lieu of certified copy of a birth certificate under HRS 338-14.3.

F. Even the Hawaii Department of Home Lands does not accept a certified copy of a birth certificate as conclusive evidence for its homestead program. From its web site: "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."

2. Contrary to what you may have read, no document made available to the public, nor any statement by Hawaiian officials, evidences conclusively that Obama was born in Hawaii.

A. Associated Press reported about a statement of Hawaii Health Department Director Dr. Fukino, "State declares Obama birth certificate genuine."

B. That October 31, 2008 statement says that Dr. Fukino "ha[s] 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." That statement does not, however, verify that Obama was born in Hawaii, and as explained above, under Hawaiian policies and procedures it is quite possible that Hawaii may have a birth record of a person not born in Hawaii. Unlikely, but possible.

C. The document that the Obama campaign released to the public is a certified copy of Obama's birth record, which is not the best evidence since, even under Hawaiian law, the original vault copy is the better evidence. Presumably, the vault record would show whether his birth was registered by a hospital in Hawaii.

D. Without accusing anyone of any wrongdoing, we nevertheless know that some people have gone to great lengths, even in violation of laws, rules and procedures, to confer the many benefits of United States citizenship on themselves and their children. Given the structure of the Hawaiian law, the fact that a parent may register a birth, and the limited but inherent potential for human error within the system, it is possible that a parent of a child born out-of-state could have registered that birth to confer the benefits of U.S. citizenship, or simply to avoid bureaucratic hassles at that time or later in the child's life.

1. We don't know whether the standards of registration by the Department of Health were more or less stringent in 1961 (the year of Obama's birth) than they are today. However, especially with post-9/11 scrutiny, we do know that there have been instances of fraudulent registrations of foreign births as American births.

2. From a 2004 Department of Justice news release about multiple New Jersey vital statistics employees engaged in schemes to issue birth certificates to foreign-born individuals: "An individual who paid Anderson and her co-conspirators for the service of creating the false birth records could then go to Office of Vital Statistics to receive a birth certificate . . . As part of the investigation, federal agents executed a search warrant of the HCOVS on Feb. 18, 2004, which resulted in the seizure of hundreds of suspect Certificates of Live Birth which falsely indicated that the named individuals were born in Jersey City, when in fact, they were born outside the United States and were in the United States illegally . . . Bhutta purchased from Goswamy false birth certificates for himself and his three foreign-born children."

3. Even before 9/11, government officials acknowledged the "ease" of obtaining birth certificates fraudulently. From 1999 testimony by one Social Security Administration official: "Furthermore, the identity data contained in Social Security records are only as reliable as the evidence on which the data are based. The documents that a card applicant must present to establish age, identity, and citizenship, usually a birth certificate and immigration documents-are relatively easy to alter, counterfeit, or obtain fraudulently."

3. It has been reported that the Kenyan government has sealed Obama's records. If he were born in Kenya, as has been rumored even recently, the Kenyan government would certainly have many incentives to keep that undisclosed. Objectively, of course, those records may prove nothing. Obama's refusal to release records at many levels here in the United States, though, merely fuels speculation.

4. Obama has refused to disclose the vault copy of his Hawaiian birth certificate. This raises the question whether he himself has established that he is eligible to be President. To date, no state or federal election official, nor any government authority, has verified that he ever established conclusively that he meets the eligibility standard under the Constitution. If the burden of proof were on him, perhaps as it should be for the highest office of any individual in America, the more-than-dozen lawsuits challenging his eligibility would be unnecessary.

A. Had he disclosed his vault copy in the Berg v. Obama lawsuit (which was the first lawsuit filed on the question of his eligibility to be President), and it was established he was born in Hawaii, that would have constituted res judicata, and acted to stop other similar lawsuits being filed. Without res judicata (meaning, the matter is adjudged and settled conclusively) he or government officials will need to defend other lawsuits, and valuable court resources will be expended. Strategically from a legal standpoint, therefore, his refusal to disclose doesn't make sense. Weighing factors such as costs, resources and complexity of disclosing versus not disclosing, he must have reason of considerable downside in disclosing, or upside in not disclosing. There may be other reasons, but one could speculate that he hasn't disclosed because:

1. He was not born in Hawaii, and may not be eligible to be President;

2. He was born in Hawaii, but facts that may be derived from his vault copy birth certificate are inconsistent with the life story he has told (and sold);

3. He was born in Hawaii, and his refusal to provide the best evidence that he is a natural born citizen is a means by which to draw criticism of him in order to make him appear to be a "victim." This would energize his supporters. This would also make other charges about him seem suspect, including his concealment about ties to Bill Ayers and others of some infamy. Such a clever yet distasteful tactic would seem to be a Machiavelli- and Saul-Alinsky-style way to manipulate public opinion. But while this tactic may energize his supporters, it would convince those who believe him to be a manipulator that he's not only just that, but a real pro at it. This would indeed be the basest reason of all, and would have repercussions about his trustworthiness (both here and abroad), which Americans know, is a characteristic sorely lacking in its leaders.

B. His motion to dismiss the Berg case for lack of standing could be viewed as contemptuous of the Constitution. See, "Who Enforces the Constitution's Natural Born Citizen Clause?" Are we to expect yet another White House that hides behind lawyers, and expects Americans to swallow half-truths on a just-trust-me basis?

C. This issue poses the potential for a constitutional crisis unlike anything this country has seen. Disclosure at this stage, however, could even result in criminal sanctions. See, "Obama Must Stand Up Now Or Step Down." Thus, he has motive not to disclose if he were ineligible.

The question not being asked by the holders of power, who dismiss this as a rightwing conspiracy, is what's the downside of disclosing? This is a legitimate issue of inquiry because Barack Obama has turned it into one. The growing number of people who demand an answer in conformance with the Constitution are doing their work; the people's watchdogs aren't.

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Comment by Timothy P. Mayhak on January 31, 2009 at 4:06pm: Something more than a simple BC is being hidden...Masons, NWO...???

Comment by Margaret on January 31, 2009 at 10:34am: 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.

Private investigator Douglas Hagmann of HomelandSecurityUS.com reported earlier he found 13 cases challenging Obama's eligibility still active or semi-active.

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 vs. Obama.

In Hawaii, Keyes vs. Lingle, dismissed.
WND senior reporter Jerome Corsi had gone to both Kenya and Hawaii prior to the election to investigate issues surrounding Obama's birth. But his research and discoveries only raised more questions.

The biggest question was why, if a Hawaii birth certificate exists as his campaign has stated, Obama hasn't simply ordered it made available to settle the rumors.

The governor's office in Hawaii said there is 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. There have been other allegations that Obama actually was born in Kenya during a time when his father was a British subject. A one point a Kenyan ambassador said Obama's birth place in Kenya already was recognized and honored.

Comment by Margaret on January 31, 2009 at 10:33am: In the Russian publication Pravda, commentator Mark S. McGrew addressed the subject:

"The United States Congress is required, under the U.S. Code of Federal Regulations, to count the Electoral College votes for president and vice president, ask if any member of Congress objects to the count and hear that Congressman's objection. This is under Title 3, Chapter 1, Section 15, 'Upon such reading of any such certificate of paper, the president of the Senate shall call for objections, if any,'" he wrote.

Several of the cases – including those brought by Orly Taitz, Cort Wrotnowski, Leo Donofrio and Philip Berg, already have been heard in conference at the U.S. Supreme Court, which has failed to have a hearing on any of the merits involved.

Taitz, in fact, is requesting information from the Supreme Court about a meeting eight of its justices held with Obama, a defendant in her case, before the justices reviewed the issues of the case in a private conference.

Several of the cases not scheduled for hearings at the Supreme Court still remain active at lower court levels, from which emergency requests to the high court were launched.

"I know that Mr. Obama is not a constitutionally qualified natural born citizen and is ineligible to assume the office of president of the United States," Berg said in a statement on his ObamaCrimes.com website.

"Obama knows he is not 'natural born' as he knows where he was born and he knows he was adopted in Indonesia; Obama is an attorney, Harvard Law grad who taught Constitutional law; Obama knows his candidacy is the largest 'hoax' attempted on the citizens of the United States in over 200 years; Obama places our Constitution in a 'crisis' situation; and Obama is in a situation where he can be blackmailed by leaders around the world who know Obama is not qualified," Berg's statement continued.

A partial listing and status update for several of the cases surrounding Obama's eligibility to serve as president is below:

Philip J. Berg, a Pennsylvania Democrat, demanded that the courts verify Obama's original birth certificate and other documents proving his American citizenship. Berg's latest appeal, requesting an injunction to stop the Electoral College from selecting the 44th president, was denied.

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.

In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama's citizenship. The case was denied.

In Georgia, Rev. T

Comment by Margaret on January 31, 2009 at 10:31am: http://www.wnd.com/index.php?fa=PAGE.view&pageId=87622

Congress sued to remove prez from White House
'Defendants had to ensure the Constitution is upheld'
--------------------------------------------------------------------------------
Posted: January 31, 2009
12:00 am Eastern © 2009 WorldNetDaily

A new lawsuit is challenging Barack Obama's eligibility to be president, and this one targets Congress as a defendant for its "failure" to uphold the constitutional demand to make sure Obama qualified before approving the Electoral College vote that actually designated him as the occupant of the Oval Office.

The new case raises many of the same arguments as dozens of other cases that have flooded into courtrooms around the nation since the November election.

It is being brought on behalf of Charles F. Kerchner Jr., Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelson Jr. and names as defendants Barack Hussein Obama II, the U.S., Congress, the Senate, House of Representatives and former Vice President Dick Cheney along with House Speaker Nancy Pelosi.

Where's the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, join more than 193,000 others and sign up now!

As WND has reported, dozens of lawsuits have been filed over Obama's eligibility to assume the office of the president. Many have been dismissed while others remain pending.

The cases, in various ways, have alleged Obama does not meet the "natural born citizen" clause of the U.S. Constitution, Article 2, Section 1, which reads, "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 legal challenges have alleged Obama was not born in Hawaii, as he insists, but in Kenya. 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.

Several details of Obama's past have added twists to the question of his eligibility and citizenship, including his family's move to Indonesia when he was a child, his travel to Pakistan in the '80s when such travel was forbidden to American citizens and conflicting reports from Obama's family about his place of birth.

Perhaps the most perplexing detail, however, has been Obama's refusal to allow the public release of a signed "vault" copy of his original birth certificate.

The new case was launched in New Jersey, and focuses on the alleged failure in Congress to follow the Constitution.

That document, the lawsuit states, "provides that Congress must fully qualify the candidate 'elected' by the Electoral College Electors."

In provides, the lawsuit said, "If the president-elect shall have failed to qualify, then the vice president elect shall act as president until a president shall have qualified."

"There existed significant public doubt and grievances from plaintiffs and other concerned Americans regarding Obama's eligibility to be president and defendants had the sworn duty to protect and preserve the Constitution and specifically under the 20th Amendment, Section 3, a Constitutional obligation to confirm whether Obama, once the electors elected him, was qualified."

"Congress is the elected representative of the American people and the people speak and act through them," the lawsuit said.

The defendants "violated" the 20th Amendment by failing to assure that Obama meets the eligibility requirements," the lawsuit said.

In the Russian publication Pravda, commentator M