Posted on 11/01/2008 1:55:10 PM PDT by thekansascitian
Lots of news on Barack Obama's citizenship status.
First, the third circuit court of appeals has rejected Philip J. Berg's appeal. The judge in the case upheld the lower court ruling on Berg's lack of standing.
DENIED. For the reasons ably expressed by the District Court —and not addressed in Plaintiff-Appellant’s Emergency Motion— it appears that Plaintiff-Appellant lacks standing to challenge Senator Barack Obama's candidacy for the Presidency of the United States. Accordingly, Plaintiff-Appellant has not shown a likelihood of success with respect to his appeal.
A similar case in Ohio has been tossed out. The judge ruled the onus of proof is on the plaintiff to prove Obama is not a natural-born citizen and not on Obama to prove he is.
“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,” Hasselbach wrote in his decision .
David M. Neal, the plaintiff, wrote on his website that when he enrolled his child in public school he had to produce a birth certificate for his son to prove eligibility... "[Barack Obama] is running for president of the United States." the implication being the applicant bore the onus to prove citizenship and not the school to prove non-legal status.
Finally, the Associated Press is reporting that Hawaii officials declared Barack Obama's birth certificate as genuine. But that's not exactly what the Hawaii officials said.
Dr. Chiyome Fukino said today she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama's original birth certificate.
A statement of fact of which we already knew. The question is not whether they have his original certificate, but whether that certificate indicates he was actually born in the U.S. and not born the child of a Hawaiian citizen abroad. The latter of which is what has been alleged by Philip J. Berg based on an eyewitness account of Obama's birth in Kenya from his paternal grandmother.
We know Dr. Fukino did not actually see Obama's birth certificate, because "she says state law bars release of a certified birth certificate to anyone who does not have a tangible interest." Emphasis added.
If Barack Obama ultimately wins on Tuesday, this issue is not going to go away without the official "vault" birth certificate being produced. Arguments that the people do not have standing to enforce the Constitution sets a dangerous president and requiring challengers to bear the burden of proof when the Constitution specifically requires natural-born status of presidential candidates creates a constitutional crisis that patriots simply can not allow.
Of course this entire issue would go away if Barack Obama would simply authorize the release of the document. Why does he continue to fight this issue and not just put it to rest?
And this happens to the only super power in the world. A nightmare worthy of the best of fiction writers.
“... OF the people, BY the people, FOR the people”
Lawsuit to extract a birth certificate from Obama : NO STANDING
Lawsuit to propagate maximum whining after bitter election loss: BRING THEM IN
Hypocrites will be called on judgment day. Faith in Jesus Christ the Son of God will save you.
“... OF the people, BY the people, FOR the people”
Lawsuit to extract a birth certificate from Obama : NO STANDING
Lawsuit to propagate maximum whining after bitter election loss: BRING THEM IN
Hypocrites will be called on judgment day. Faith in Jesus Christ the Son of God will save you.
Well he could be brought up on fraud charges and all those people who helped hide the fact, you think????
Unbelievable.
So anyone can prance to the Oval Office and say “Prove it” when challenged.
How do you prove a negative?
I am disgusted and disheartened by this.
He would have to be impeached, but with a Dim Congress and Senate, who knows. However, all of the laws he would signed could be disputed in the courts, the military would not have to heed his command, and foreign nations would not know whether his signature on any agreement carried any value what so ever.
The consequences would be grim. (I think this is the reason why the courts shy away. They really do not want to touch this issue.)
If Barack Obama ultimately wins on Tuesday, this issue is not going to go away without the official “vault” birth certificate being produced.
Actually it may not become a real issue until he is officially elected by the electors in Dec. or is sworn in Jan. 09. At that point he maybe in violation of the Constitution if he is in fact not elgible to be president. Is there anything in the Constitution or Statutes that keeps an unqualified person from running for the presidency?.....
You don’t mention the Berg Esq. appeal to the SCOTUS, why? Also do you have any info on the videos that he was going release over a week ago?
The FEC only gets involved if the Candidate takes Public Financing. How convenient for Barack.
>The FEC only gets involved if the Candidate takes Public Financing. How convenient for Barack.
This whole campaign is too convenient for Barak.
Well if his signature is invalid on anything then he’s just a figurehead and OBiden would be running the country ....
But he gives a good speech!
What government agency do you know of that he wouldn’t be head of could bring fraud charges against him?
He must not win! He will not win!
Then he can go back and make his speeches in the Senate, until he’ll be arrested for fraud.
G’night
What agency went after Nixon and forced him to resign? I think there are ... maybe there’d be a Watergate type thing in the media (Conservative that is) that would force the issue ... if a president commits a crime can he be arrested?
If the Senate and House holds a majority, how hard would that be? To arrest a President for fraud.
I thought so...here’s the latest I thought...we’re waiting for Souter...
Press Release 10 30 2008 - Berg Filing Injunction to Stay Presidential Election
by Obama Crimes on Thu 30 Oct 2008 11:52 AM EDT
Philip J. Berg Will Be Arriving U.S. Supreme Court, Washington, DC at 3:15 p.m. today to file for an Injunction to Stay Presidential Election Pending Writ of Certiorari regarding Obama who is “NOT” qualified to be President of the United States
(Press Release - 10/30/08 - Contact information and pdf of press release at bottom)
(Lafayette Hill, Pennsylvania – 10/30/08) - Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States, announced today that he will be at the United States Supreme Court today, October 30, 2008 to file:
Application to Justice Souter for an Immediate Injunction to Stay the Presidential Election of November 4, 2008; and
Writ of Certiorari.
Berg stated, “I am hopeful that the U.S. Supreme Court will grant the Injunction pending a review of this case to avoid a Constitutional Crisis by insisting that Obama produce certified documentation that he is or is not a “natural born” citizen and if he cannot produce documentation that Obama be removed from the ballot for President.
Don’t know if the Legislature has arresting powers ... you’d think the FBI would ... they investigate voter fraud and election fraud ... you would have thought that showing a BC was a requirement when it is a requirement to be a natural born citizen ....
“That tells me that once a person has been elected to be President...that’s when he can be challenged and forced to prove he is qualified.”
His nomination in each states’s primary could have been challenged had the GOP/RNC been in the game. For example, the final day for filing in Mass was Dec 6 and the final day for filing a challenge was Dec 7.
Now, it appears you are correct. It is provided by statute that a member of Congress can object to a state’s Electoral Certificate of Vote on Jan 6 during the joint session of Congress.
Unfortunately for us, such objection and supporting evidence will be evaluated by a Dem Congress and we can expect the Dems to do what Dems do.
Vote McCain!
As I predicted. Obama is not going to be taken off the ticket.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.