Apuzzo authored this excellent piece:
WHY OBAMA WILL NEITHER PUBLICLY SPEAK ABOUT WHERE HE WAS BORN NOR PRODUCE HIS ORIGINAL BIRTH CERTIFICATE
Statements have been made in the public domain that if Obama was not born in Hawaii but rather in Kenya, that he actually committed a crime involving fraud. That leads me to think that if that were true, then Obama has a Constitutional and state common law right to avoid further self-incrimination and to remain silent. That could explain why he has neither talked publicly nor wants to talk in any court of law about where he was born. But his right to remain silent would not extend to withholding his original Certificate of Live Birth. Disclosure of documents is not testimonial (coming from a person’s mouth) and his 5th Amendment and state common law right to remain silent and to not incriminate himself would not prevent such disclosure. This leads me to the main point.
Obama at present finds himself in a trilemma: (1) Does he state publicly that he was born in Hawaii if he knows he was not and thereby “perjure” himself in the court of public opinion should the truth be eventually discovered? If he so swore under oath before Congress or any court of law, it would be actual perjury. (2) Will he produce his original birth certificate which may show and will he tell the public the truth that he was not born in Hawaii but rather Kenya and thereby betray his natural instinct of self-preservation and his life-long ambition to be President of the United States? or (3) Does he remain silent as to where he was born and continue to refuse to release his original birth certificate and thereby earn the contempt of those in the public who believe that he has not convincingly proven that he is a “natural born Citizen” and eligible to be President? I submit that Obama has made the third choice.
The consequences for Obama are the least drastic and he gains the most benefits under the choice involving remaining silent and not producing his original birth certificate which is exactly what he has done to date. There are at least two reasons for this:
(1) To date, no court of law has been willing to accept any case challenging his “natural born Citizen” status. The courts have dismissed law suits against him for reasons of jurisdiction, standing, political question, justiciability, and for reasons unknown. These procedural obstacles have allowed him to escape having to defend the underlying merits of the claims against him which would necessarily involve his having to make declarations under oath as part of legal discovery and before the court itself in case of a trial. He will simply continue to pursue this procedural strategy, for being so successful will allow him to maintain his silence and not produce his original birth certificate with the cost to him personally of only having to pay his team of lawyers. This strategy explains why he is willing to spend enormous amounts of his own money and resources for his legal defense (maybe not even his own money if he can make a case that he can use his campaign contributions to meet the costs involved) and cause private individual plaintiffs and public institutions (courts and public entity defendants) to spend theirs with no end in sight. This strategy also provides great impetus to the sales of his past and future books, thereby further filling up his coffers. This strategy also explains why he is not willing to simply spend less than $100.00 and produce his original birth certificate for the benefit of those Americans who want to see it. Lastly, this strategy provides an answer to the question of, assuming that Obama in the end simply produces his original birth certificate which shows he was born in Hawaii, why would Obama risk the public then perceiving him as one who played a dirty little game for the sake of aggrandizing his own image and increasing his profits.
(2) Obama wants (i) people who simply voted for him, (ii) people who are apathetic to the eligibility issue or because of ignorance, fear, or self-ambition refuse to address it; and (iii) people who in good faith believe he is eligible to be President (these categories may overlap), to believe that all the lawsuits and internet chatter questioning his eligibility to be President is political sour grapes, racism, or “tinfoil hat” conspiracy nonsense. These “explanations” for this outcry against him provide great camouflage for his silence and refusal to release his original birth certificate. This strategy limits any contempt backlash to only those who oppose him on the eligibility issue and to no one else, thereby greatly reducing the price associated with the public contempt component.
The benefits Obama gains from stonewalling compared to the price he has to pay for complete disclosure makes the choice to refuse to speak about where he was born and to produce his original birth certificate most attractive for Obama. The stakes are high in this game for the Office of President. Obama has shown that he has the arrogance and audacity to play the game any which way he wants simply to win that Office and greatly profit thereby. The question for many concerned Americans who doubt whether he is eligible to be President is what they can do to get the nations political, legal, and social institutions to adequately and honestly investigate and decide whether he is indeed qualified to be President. Obamas strategy is now preventing these Americans from learning the truth about whether he is eligible to be President. The ball is in the court of those who challenge Him.
© Mario Apuzzo, Esq.
Jamesburg, New Jersey
Good post. Apuzzo nailed it. Obama has simply to do nothing, and as things are now proceeding, will succeed in burying the issue.
I would like to SUE for lots of dollars (would be will to take some of the bail out money if need be) the Federal Government for the mental anguish Pres. Obama is causing me for his failure to provide proof of his citizenship. His failure to provide the document makes me feel like we have an illegitimate president who can not be in the role of Commander in Chief and issue any orders to our military to protect us because they do not have to obey him.
Examples include much of what went on during the FDR administration, a number of questionable things done to copperheads during the Lincon administration, and many (if not all) of the declarations of war.
Even if Obama were to be hauled before a court and found guilty, people would find a way to give him a pass during the current set of unprecedented crises.
We’ve “been there, seen that,” but someone has got to get the message that NBCUS is not the only route to go.
How about a class action suit on behalf of contributors? He took so much phony money he couldn't possibly prove any particular person didn't contribute. If he were to make a claim than any individual did not have standing, wouldn't discovery allow an interesting look at his campaign financials?
Where ever Obama was born, he was a British Citizen at the time of his borth vy virtue of his father being a British Citizen.
As a Kenyan native, Barack Obama Sr. was a British subject
whose citizenship status was governed by The British Nationality Act
of 1948. That same act governed the status of Obama Sr.s children:
British Nationality Act of 1948 (Part II, Section 5): Subject to the
provisions of this section, a person born after the commencement of
this Act shall be a citizen of the United Kingdom and Colonies by
descent if his father is a citizen of the United Kingdom and Colonies
at the time of the birth. In other words, at the time of his birth,
Barack Obama Jr. was both a U.S. citizen (by virtue of being born in
Hawaii) and a citizen of the United Kingdom by virtue of being born to
a father who was a citizen of the UK. Obamas UK citizenship became an
Kenyan citizenship on Dec. 12, 1963, when Kenya formally gained its
independence from the United Kingdom. The court noted that Chapter VI,
Section 87 of the Kenyan Constitution specifies that:
In other words, the courts have used every dodge and excuse they could find, plus some we may not know about, to avoid their responsibility.
Do Federal Rules allow the filing of an initial Complaint to be done electronically?