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Appeals court: We're listening to eligibility case (re: Kerchner v. Obama)
WND ^ | February 23, 2010 | Bob Unruh

Posted on 02/24/2010 1:03:52 PM PST by rxsid

"Appeals court: We're listening to eligibility case
Judges grant permission for lengthy filing in case challenging Obama

An appeals court has indicated it is listening to arguments in a case that challenges Barack Obama's occupancy in the Oval Office with a ruling that gives special permission for an extra-long document to be filed in the case.

WND has reported on the case brought by attorney Mario Apuzzo in January 2009 on behalf of Charles F. Kerchner Jr., Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelson Jr.

Named as defendants were Barack Hussein Obama II, the U.S., Congress, the Senate, House of Representatives, former Vice President Dick Cheney and House Speaker Nancy Pelosi.

The case alleges Congress failed to follow the Constitution, which "provides that Congress must fully qualify the candidate 'elected' by the Electoral College Electors."

The complaint also asserts "when Obama was born his father was a British subject/citizen and Obama himself was the same." The case contends the framers of the U.S. Constitution, when they adopted the requirement that a president be a "natural born citizen," excluded dual citizens."

More here:http://www.wnd.com/index.php?fa=PAGE.view&pageId=125985

 

Attorney Apuzzo also has info on this, on his site:
http://puzo1.blogspot.com/2010/02/court-grants-motion-for-leave-to-file.html

(Excerpt) Read more at wnd.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: apuzzo; article2section1; birthcertificate; birthers; britishsubject; certifigate; cheney; citizen; citizenship; colb; dickcheney; dualcitizen; dualcitizenship; eligibility; fraud; hawaii; ineligible; kerchner; kerchnervobama; marioapuzzo; nancypelosi; naturalborn; naturalborncitizen; nbc; obama; pelosi; usurper
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1 posted on 02/24/2010 1:03:53 PM PST by rxsid
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To: LucyT; BP2; STARWISE; Red Steel; pissant; hoosiermama; null and void; Amityschild; Calpernia; ...
Ping!

"Appeals court: We're listening to eligibility case (re: Kerchner v. Obama)"

2 posted on 02/24/2010 1:04:33 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid

why Cheney?


3 posted on 02/24/2010 1:06:16 PM PST by Kimberly GG (PALIN SUPPORTS PATH TO CITIZENSHIP AMNESTY and PROGRESSIVE RHINO MCCAIN.)
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To: Kimberly GG

President Pro Tem of the Senate when the Electoral College Voted.


4 posted on 02/24/2010 1:10:40 PM PST by Cletus.D.Yokel (Freepmail me to get on the Bourbon ping list.)
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To: Kimberly GG
He neglected to follow proper procedure.
5 posted on 02/24/2010 1:10:41 PM PST by hoosiermama (ONLY DEAD FISH GO WITH THE FLOW.......I am swimming with Sarahcudah! Sarah has read the tealeaves.)
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To: rxsid

wow
between this and AZ tyring to pass a proof of citizenship law maybe we can force the marxist to show his BC

He might have bveen prophetic ( ?? are muslims naturally prophetic) when he said he’d be a one trm POTUS>

Serious Question, why are so many Repubs so ugly to people who just want to see his real BC?


6 posted on 02/24/2010 1:11:48 PM PST by RWGinger
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To: rxsid

What does this mean? Did Mario have any follow up? I would love to get the BC and show Hussein is a fake for all the usual reasons.

I would also love to hang it around the neck of the fake conservatives: Beck, Boortz, BORe aka The Leprechaun, Coulter, Ingraham, Hewitt, Medved and the other anti birther liars.


7 posted on 02/24/2010 1:12:00 PM PST by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
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To: RWGinger

Pretty much it is push this fast and hard now or lose the country.


8 posted on 02/24/2010 1:12:42 PM PST by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
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To: Frantzie

Pursuant to the Twelfth Amendment, the vice president presides over the joint session of Congress when it convenes to count the vote of the Electoral College.


9 posted on 02/24/2010 1:12:53 PM PST by Pit1
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To: Kimberly GG

Cheney asked DOJ to be his counsel which makes me wonder. Once he was part of a legal case, just fess up. You were duped. SPILL! I had no idea Obama was not vetted properly.

Or is he saying I know Obama is not NBC, now we need the courts to say he is not eligible?!

Which leads to me thoughts that truly our votes don’t count. That candidates are preordained and Cheney knew Obama was the next president. If he fought for the truth, what price would he pay? But it was his duty to uphold the Constitution and he failed. And I have always loved Cheney.

My girlfriend despises him like I despise Obama. Oh well, No accounting for taste.


10 posted on 02/24/2010 1:25:44 PM PST by OafOfOffice (W.C:Socialism:Philosophy of failure,creed of ignorance,gospel of envy,the equal sharing of misery)
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To: rxsid

This ain’t that special. All the appelate court has allowed is an over long brief to be filed. That says NOTHING about how they will rule or what aguments they will find useful

Kind of like when a judge allows great leeway to some defendant acting as his own attorney. Doesn’t change the outcome


11 posted on 02/24/2010 1:32:34 PM PST by the long march
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To: RWGinger

complicity in the fraud as to not piss off the mafia thugs they actually work for.


12 posted on 02/24/2010 1:33:10 PM PST by drypowder
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To: RWGinger
... a one trm POTUS>

Something like a .25 term potus would be ok, too.

13 posted on 02/24/2010 1:33:28 PM PST by RobinOfKingston (Democrats, the party of evil. Republicans, the party of stupid.)
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To: Cletus.D.Yokel; Kimberly GG
"President Pro Tem of the Senate when the Electoral College Voted."

And, it appears that he didn't call for any objections after the counting of the E.C. votes. Something, IIRC, he is required to do by rule.

14 posted on 02/24/2010 1:33:54 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: hoosiermama

Right.


15 posted on 02/24/2010 1:34:15 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Kimberly GG; Fred Nerks
Cheny had to approve the motion to accept Obama as the president elect, as the outgoing V.P. At the time he wouldn't even look at it. He just sneered, and at the time we wondered if he did not read it for a reason.
16 posted on 02/24/2010 1:34:25 PM PST by Candor7 (((The effective weapons against Oba- Fascism are ridicule, derision , truth (.Member NRA)))
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To: Cletus.D.Yokel

President of the Senate, NOT “pro-tem”


17 posted on 02/24/2010 1:38:35 PM PST by bonnieblue4me (You can put lipstick on a donkey (or a dimrat), but it is still an ass!)
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To: RWGinger
Unfortunately, every time someone mentions that infernal BC, it plays right into the Team Obama fog machine.

Of course we all want to see the real long form, BC.

Guess what? Hawaii has really little to do with his eligibility. Unless he lied about who is father was, he is POTUS-ineligible as the son of a foreign citizen.

Obama himself has never claimed to be a Natural Born Citizen, as required by Article II. All he claims is Native Born Citizenship, and you know what ... that could be true.

He is spending his time and money to focus everyone on Hawaii, and conflating the word Natural with the word Native.

It is working for him, so far. However, lawyers Apuzzo, and Donofrio, have been the only ones to effectively penetrate the charade. No help from elected Republicans at all.

18 posted on 02/24/2010 1:38:45 PM PST by Kenny Bunk (Go-Go Donofrio. get us that Writ of Quo Warranto!)
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To: rxsid
From the article:

"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."

So EITHER a NBC or Citizen of US is eligible to become President? Does this mean even if Obama SR was NOT an American citizen, MAO-bama is elgible since his mother was a citizen & he was born in HI? And the latter is another BIG question mark!

19 posted on 02/24/2010 1:46:00 PM PST by newfreep (Palin/DeMint 2012 - Bolton: Secy of State)
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To: Kenny Bunk

One of the main issue, IMO, is whether the parents are married or not. I don’t know about American law, but in many countries a child born of unmarried parents is more likely to follow the mother’s citizenship.


20 posted on 02/24/2010 1:50:11 PM PST by paudio (Are you better off today than in 2006, when the Democrats took over the Congress?)
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To: the long march
"This ain’t that special. All the appelate court has allowed is an over long brief to be filed.

I wouldn't call it nothing special, in that the court easily could have followed with the same "mindset" as all the other courts, and simply denied their request. So, IMO, it's a "minor" victory for Kerchner because the could allowed them to file a much lengthier motion. Again, something the court didn't need to do with their 14,000 word rule in place.

However, your correct that what the court did was to allow them to submit their longer brief. From Mario's site (linked in the original post):

"Circuit Court of Appeals rules provide that an appellant’s opening brief is not to exceed 14,000 words. Because of the extraordinary nature and complexity of the question of whether putative President Barack Obama is an Article II “natural born Citizen” and therefore eligible to be President, whether my clients (the plaintiffs) have standing to bring an action against Obama and Congress in which they maintain that Obama is not a “natural born Citizen” and that Congress failed to meet its constitutional duty to protect my clients by assuring them that Obama is a “natural born Citizen,” and whether plaintiffs’ action presents a nonjusticiable political question which the courts cannot address, I was compelled to file a brief which contained 20,477 words. So that the Court would accept the overlength brief, I filed a motion with the Court for leave to file the overlength brief.

By order dated February 22, 2010, the Honorable Circuit Judge Michael A. Chagares on behalf of the Motion's Panel of the Third Circuit Court of Appeals granted plaintiffs’ motion for leave to file the overlength brief. This is great news because the case will now continue forward as scheduled. Obama’s and Congress’s opposition brief was initially due on February 22, 2010. The Department of Justice obtained a 14-day extension to file that brief, making the new due date March 8, 2010. After they file their opposition brief, I will then have 14 days within which to file a reply to that brief. All briefs will be posted at this blog and it is my hope that the public will read these briefs so as to stay fully informed on this issue that is critically important not only to my clients but also to our Constitutional Republic."

21 posted on 02/24/2010 1:54:20 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid

bump


22 posted on 02/24/2010 2:01:13 PM PST by tutstar (Baptist Ping list - freepmail me to get on or off.)
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To: rxsid
Proof of DNC Corruption ignored by DOJ and SCOTUS
=========================================

Altered voting certificates by Pelosi for election fraud for the DNC

Exhibit 1: (the original, but discarded) states:
”THIS IS TO CERTIFY that at the National Convention of the Democrat Party of the
United States of America, held in Denver, Colorado on August 25 though 28, 2008, the
following were duly nominated as candidates of said Party for President and Vice
President of the United States respectively and that the following candidates for President
and Vice President of the United States are legally qualified to serve under the provisions
of the United States Constitution:”



Exhibit 2: specifically leaves out the qualifying requirement:
”THIS IS TO CERTIFY that at the National Convention of the Democrat Party of the
United States of America, held in Denver, Colorado on August 25 though 28, 2008, the
following were duly nominated as candidates of said Party for President and Vice
President of the United States respectively:”


Exhibit 3: More altered documents where the natural born requirement
Check off box … was removed.


“D.C. Tech Official Is Accused of Bribery(Birth Certificate Forgery)
A D.C. government official and a business executive were arrested yesterday on bribery
charges involving city technology contracts that included "ghost" workers and
kickbacks, federal authorities said. Until recently, the technology office was headed
by Vivek Kundra, who has taken a job as President Obama's chief information officer.
A White House official confirmed last night that Kundra has taken a leave of absence.
“Yusuf Acar, 40, who has worked in the technology office since 2004, was charged with
bribery, conspiracy, money laundering and conflict of interest.
Assistant U.S. Attorney Thomas Hibarger told a federal judge that Acar is a flight risk because agents
seized $70,000 in cash in his house and because in recorded conversations, he boasted that he could easily flee to his native Turkey.
Acar also told the informant that he could use
computers to create fake D.C. birth certificates, Hibarger said. “

23 posted on 02/24/2010 2:03:36 PM PST by Diogenesis ("Resistance to tyrants is obedience to God." --Thomas Jefferson)
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To: rxsid
“The Hippies Who "Certified" Obama (Get a look at the 2 child-hippies who certified our "president")”


Kenya Sunday Standard headline — “Kenyan-born Obama all set for US Senate”

The Nigerian Observer — “Americans will today go to the polls to elect their next President with Democratic Party candidate, Senator Barack Obama largely favoured to win. The Kenyan-born Senator will…”

USAfrica — “Kenyan-born OBAMA makes history…wins presidential nomination of U. S. Democratic party; eyes on White House…”

AllAfrica.com — ” Little wonder then why Kenyan-born Barack Obama, America’s first Black President…”


GraphicGhana.com — “For Ghana, Obama’s visit will be a celebration of another milestone in African history as it hosts the first-ever African-American President on this
presidential visit to the continent of his birth.” The same article, with the same quote, appeared in ModernGhana.com.

The Ghana Times — “So far, the odds favour the once underdog in American politics, Obama, the African-American Senator from Illinois state. A Congressional Quarterly
(CQ) politics monitored on BBC put the Kenyan born American ahead of his rivel, John McCain.”

From the comment section:
(”AmericanDaughter“) NPR.org — “…She also describes the stories that have been exciting, including the U.S. presidential race of Kenyan-born Sen. Barack Obama.”

(”AmericanDaughter“) AllAfrica.com — “Kampala — Ugandans have formed a group to mobilise support for Kenyan born-senator, Barack Obama for the US presidency.” "


“Kenyan Historian: It's Odd that Kenyan Luo Tribe Member (Obama) Elected President in US Before Kenya (Audio)
We already knew that Barack Obama's brother Malik was a Luo activist and a militant Muslim
who argued that the black man must "liberate himself from the poisoning influences of European culture."




“Article in Nairobi Paper June 2004 - Barack born in Africa
An ongoing poll by AOL News currently shows that 58% of Americans have doubts
about Obama’s citizenship. The poll was started on July 28 and continues — you can go
here to vote. And lest you think that this survey is being conducted in a very anti-Obama
venue, the title of the article is Birthers, Beer and Stuck on ‘Stupidly’ — it is an
environment contemptuous of skeptics. So we can conclude that the results of their poll
are not what they were hoping for.

A scant five years ago, Barack Obama was a little known Illinois state politician, aspiring
to move up to the United States Senate. Undoubtedly, the Marxist handlers behind this
Manchurian candidate had long range plans to capture the US presidency since he was
groomed as a youth by Frank Marshall Davis. But the general public and the press were
not privy to this information.

At that time, there would have been no reason to fabricate a story about Obama’s birth
that would disqualify him for the highest US office. This would be especially true for an
African paper that was simply proud of their native son. So it is reasonable to take the
press clippings of the day at face value. The following item has been on the web all
along, but apparently did not get much attention. It is a June 2004 article from the online
version of the East African Standard, an English-language paper published in Nairobi,
Kenya, titled Kenyan-born Obama all set for US Senate.“


Br> “US Presidential Polls:Obama, McCain slug it out today
WASHINGTON – Americans will today go to the polls to elect their next President with
Democratic Party candidate, Senator Barack Obama largely favoured to win.
The Kenyan-born Senator will, however, face a stiff competition from his Republican
counterpart, John McCain who has taken the presidential battle to the finishing line with
vigorous campaign strategies.”


“Americans Decide Today - go Obama (this site hasn't been scrubbed yet)
So far, the odds favour the once underdog in American politics, Obama, the African-American Senator from Illinois State .
A Congressional Quarterly (CQ) politics monitored on BBC put the Kenyan born American ahead of his rival, Senator McCain.”


“D.C. Tech Official Is Accused of Bribery(Birth Certificate Forgery)
A D.C. government official and a business executive were arrested yesterday on bribery
charges involving city technology contracts that included "ghost" workers and
kickbacks, federal authorities said. Until recently, the technology office was headed
by Vivek Kundra, who has taken a job as President Obama's chief information officer.
A White House official confirmed last night that Kundra has taken a leave of absence.
“Yusuf Acar, 40, who has worked in the technology office since 2004, was charged with
bribery, conspiracy, money laundering and conflict of interest.
Assistant U.S. Attorney Thomas Hibarger told a federal judge that Acar is a flight risk because agents
seized $70,000 in cash in his house and because in recorded conversations, he boasted that he could easily flee to his native Turkey.
Acar also told the informant that he could use
computers to create fake D.C. birth certificates
, Hibarger said. “


"Security Breach May Lead To Obama Natural Born Status
A series of 2008 security breaches at the US State Department may indicate that someone knows Barack Obama’s true status as a natural born citizen - and is waiting for the right time to reveal it. The breaches, which occurred on January 9, February 21 and March 14 of 2008, were done by two “low level” contractors and another in a mid-level position with no management role.
... An investigation of the incidents revealed that all three major presidential candidates - Barack Obama, Hillary Clinton, and John McCain - had their passport files compromised.
... News of the security breaches prompted a statement from then-Senator Joseph Biden, who had not yet been chosen as Obama’s running mate. Biden, who was chairman of the Senate Foreign Relations Committee, had oversight of the Foreign Service and the passport office.

“I am deeply troubled that State Department contract employees sought access to Sen. Barack Obama’s passport files,” the statement from Biden read. “Firing or disciplining those responsible is an important first step. But we need to understand why these employees had access to this information in the first place, why they sought the information, and why it took over two months for this matter to come to light. I urge the Secretary of State to promptly refer this matter to the State Department Inspector General for investigation.”
... On April 5, 2008, Deputy Assistant Secretary for Passport Services Ann Barrett resigned from her post after a credit card scheme using US passport date was uncovered by the security probe. State Department Spokesman Tom Casey told The Washington Times that 24-year-old Lieutenant Quarles Harris Jr. told federal authorities he obtained “passport information from a co-conspirator who works for the U.S. Department of State.”

From The Washington Times report:
The investigation began after Metropolitan Police on March 25 pulled over Mr. Harris in Southeast on suspicion that the windows of his vehicle were tinted too darkly.
After searching Mr. Harris and his vehicle, police found marijuana and 21 credit cards that were not issued in his name or the name of a female passenger with him. Police also found eight printouts of State Department passport applications, and four of the names on the applications matched four of the credit cards.
Upon questioning by agents from the U.S. Secret Service, U.S. Postal Service and State Department, Mr. Harris “admitted he obtained the passport information” from a State Department employee, court documents say.

Mr. Harris also said the fraud ring submitted credit-card applications using the names and “identifying information” of the persons listed on the passport applications, and that a postal service employee then would intercept the cards before they were delivered to the appropriate residences.
Then, on April 17, 2008, Lt. Harris was found fatally shot dead slumped over the steering wheel of his car in front of the Judah House Praise Baptist Church in Northeast DC."


Key Witness in Presidential Passport Tampering Case Murdered in 2008, No Arrests
On April 8, 2008, Obama confessed to having taken a trip to Pakistan in 1981. Here is what Obama said - Jake Tapper was there:
"So when I speak about having lived in Indonesia for four years, having family that is impoverished in small villages in Africa --knowing the leaders is not important -- what I know is the people...I traveled to Pakistan when I was in college -- I knew what Sunni and Shia was [sic] before I joined the Senate Foreign Relations Committee."
... Much speculation has been made about what national passport Obama used when he traveled to Pakistan in 1981.
So Obama confessed to this trip two weeks after his passport was tampered with.


.... A key witness in a federal probe into passport information stolen from the State Department was fatally shot in front of a District church, the Metropolitan Police Department said yesterday. Lt. Quarles Harris Jr., 24, who had been cooperating with a federal investigators, was found late Thursday night slumped dead inside a car, in front of the Judah House Praise Baptist Church in Northeast, said Cmdr. Michael Anzallo, head of the department's Criminal Investigations Division.
Cmdr. Anzallo said a police officer was patrolling the neighborhood when gunshots were heard, then Lt. Harris was found dead inside the vehicle, which investigators would describe only as a blue car."


"Mysterious Dead Person Connected To 2008 Elections
The Washington Times reported April 5 that contractors for the State Department had improperly accessed passport information
for presidential candidates Sens. Hillary Rodham Clinton, Barack Obama and John McCain, which resulted in a series of firings that reached into the agency's top ranks."



Clearing the Smoke on Obama’s Eligibility: An Intelligence Investigator’s June 10 Report
"The Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii
In the State of Hawaii, back in 1961, there were four different ways to get an “original birth certificate” on record.
BC1. If the birth was attended by a physician or mid wife, the attending medical professional was required to certify to the Department of Health the facts of the birth date, location, parents’ identities and other information. (See Section 57-8 & 9 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961).





governor, or his secretary, or such other person as he may designate or appoint from his office” §338-41 [in 1961]).

In 1982, the vital records law was amended to create a fifth kind of “original birth certificate”. Under Act 182 H.B. NO. 3016-82, “Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that the proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.”
In this way “state policies and procedures” accommodate even “children born out of State” (this is the actual language of Act 182) with an “original birth certificate on record.”

24 posted on 02/24/2010 2:04:44 PM PST by Diogenesis ("Resistance to tyrants is obedience to God." --Thomas Jefferson)
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To: newfreep
"So EITHER a NBC or Citizen of US is eligible to become President? Does this mean even if Obama SR was NOT an American citizen, MAO-bama is elgible since his mother was a citizen & he was born in HI? And the latter is another BIG question mark! "

No. The POTUS requirements read:

"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."
http://topics.law.cornell.edu/constitution/articleii

Since there is nobody alive today (or for a very long time) that was a "citizen" at the time of the adoption of this Constitution, then everybody else going forward needs to be a "natural born citizen." The framers put that in there because none of them were "natural born" citizens. They were, citizens of the country after the adoption of the Constitution. Citizens of independent states prior to that going back to the Deceleration of Independence. They grandfathered themselves into the requirement because of the blood, sweet and tears they had just given to gain our Independence. That, and without the grandfather clause, there would not have been an eligible NBC of the United States until at least 1822 (1787 + 35 y.o.), the year the country of the United States of America was born.

25 posted on 02/24/2010 2:06:04 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Kimberly GG

Thank you all for your replies....I had no idea this had happened!


26 posted on 02/24/2010 2:07:27 PM PST by Kimberly GG (PALIN SUPPORTS PATH TO CITIZENSHIP AMNESTY and PROGRESSIVE RHINO MCCAIN.)
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To: rxsid; Candor7

COMPARE:

Cheney Declares Obama President To Standing Ovation in Joint House Session + 8 Years Back!

http://www.youtube.com/watch?v=OQrs_5KOIRc


27 posted on 02/24/2010 2:09:51 PM PST by Fred Nerks (fair dinkum!)
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To: paudio; Kenny Bunk
"One of the main issue, IMO, is whether the parents are married or not. I don’t know about American law, but in many countries a child born of unmarried parents is more likely to follow the mother’s citizenship."

Right. It's weather or not Sr. is his real father...and weather or not Sr. and SADO were legally married in HI.

However, at this point, we have Barry's word (for whatever it's worth) that Sr. was his father...and we have court documents from the state of Hawaii that state they were legally married.

Barry's Parents Divorce
The 1964 divorce record from the Circuit Court of the First Judicial Circuit State of Hawaii, states that Stanley Ann D. Obama and Barack H. Obama "were lawfully married in Wailuku, Maui, State of Hawaii, on February 2, 1961, by a person duly authorized to perform marriage cerimonies and ever since that date have been and are now husband and wife." http://www.scribd.com/doc/18130289/Obama-1964-Divorce-Papers-13-Pages-Missing-Pg-11

So until it's proven in a court of law, that his parents weren't who he say's they were, or that they weren't legally married...this is what we have at this point. They were legally married in HI.

28 posted on 02/24/2010 2:10:20 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Diogenesis
I hear ya. And would add:

HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN?

 

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. 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.
http://fightthesmears.com/articles/5/birthcertificate.html

 

It can't. Of course not. Yet, right there, on his campaign web site F.T.S., it's stated that a foreign government "governed" Barry from birth and the reason it did, was that Barry inherited that foreign citizenship by way of his foreign national father (no matter where he was born).
How, then, could he possibly be a "Natural Born Citizen" of the U.S.?
Barry Soetoro, the divided citizen at birth!


http://www.jeffersonsrebels.blogspot.com

 

Furthermore:  Hawaii's Territorial Law, Chapter 57 - "VITAL STATISTICS, I", shown beginning pg 23 of 29, (the law in effect in 1961) allowed baby's born anywhere in the world to be eligible to apply for a Hawaii birth certificate based on the word of 1 relative. That is how a foreign born baby could get a HI BC on record, which in turn generates the "birth announcements" in the newspapers.

29 posted on 02/24/2010 2:13:54 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: the long march

To the contrary, it probably telegraphs that the Court will dismiss the appeal upon receipt of the brief.


30 posted on 02/24/2010 2:15:10 PM PST by Mr. Lucky
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To: rxsid
I think this is the only way that the USofA will be rid of the Marxist destruction of our Country and the Judges know this.

Don't for a second think that Chief Justice Roberts did not know that 0bama wasn't eligible to be POTUS. He was so nervous he couldn't administer the oath of office correctly at the inauguration.

There won't be any ‘riots’ as Bush told all the Media to give them a reason to put the quash on any of their employees who might be interested in going after the birth story. Why else would the FoxNews entertainers make jokes about birthers being ‘crazy?’

The Alphabet Soup Media will attempt to raise up riots as will the faux-colored people's groups. But it's always the down-towns of cities where many blacks have businesses that get destroyed. Conservatives should advertise who's responsible for the fake in the White House and use it to replace those Democrats and some Republicans in Congress in November.

31 posted on 02/24/2010 2:15:57 PM PST by HighlyOpinionated (He has refused his Assent to Laws. He has erected a multitude of New Offices. Who? Obama!)
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To: OafOfOffice

You need a new girlfriend.


32 posted on 02/24/2010 2:19:26 PM PST by SeaHawkFan
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To: Mr. Lucky

My suspicion as well. Like I said kind of like letting a pro se defendant latitude


33 posted on 02/24/2010 2:24:07 PM PST by the long march
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To: rxsid
This is not going away, people know when they are being hood winked by a politician and will demand the truth.
34 posted on 02/24/2010 2:26:47 PM PST by opentalk
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To: Frantzie
What does this mean?

1. Some trees wil die to provide paper for the briefs.
2. Birther hopes will soar.
3. Birther's will denounce as a Troll/Obot/Fool anyone who predicts that nothing will come of it.
4. Birther's hopes will be dashed when nothing comes of it.
5. Birthers will see the failure of this court case to remove Obama from office, not as evidence that they have no case, but as evidence that the CONSPIRACY is even older, larger, and more far reaching than they had feared.
6. Birthers will move on to the next Fake-Kanyan-Birth-Certificate, or Orly lawsuit, or allegation that a perceived blur in a JR High yearbook photo is proof that Obama isn't even a Kenyan, but a Soviet plant, or whatever.
7. 2-6 will repeat endlessly, until the last Birther dies of old age.

35 posted on 02/24/2010 2:37:15 PM PST by Pilsner
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To: rxsid

Well at least he writes like an attorney. I think he is stretching the point on Learned Treatises. Vattel’s work is no more incorporated into our law than AmJurs or Prosser on Torts. Vattel’s work is secondary authority and of persuasive value only.

On the other hand, English common law, or judge made law, at the time of the founding, was incorporated by statute into most, if not all of the state’s common law unless over-ruled by some new holding. That is why law students still study English cases, although the impact has mostly been superceded by American holdings.

That is why frontier lawyers always had Blackstone’s Commentaries in their saddle bag, even if the Americanized annotated versions thereof.

Not having an actual federal “common law” I am not sure what value Vattel has, period outside of framing the founders intent. I think the appeal is going to splat.

FWIW, I found this site, which has a lot of info.

http://www.obamaconspiracy.org/2009/01/the-great-mother-of-all-natural-born-citizen-quotation-pages/

parsy, who is sure the birthers will mis-interpret this ruling. BTW, did you see where Orly has filed to the U N for protection?


36 posted on 02/24/2010 2:39:19 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: paudio

Yes, I did read about a difference depending on whether the parents were married. I can’t remember the exact details now, but I think the unwed mother only had to be in the US for the 1 year prior to the birth for the child to be a citizen.


37 posted on 02/24/2010 2:44:52 PM PST by greeneyes (Moderation in defense of your country is NO virtue. Let Freedom Ring.)
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To: Kenny Bunk
Obama himself has never claimed to be a Natural Born Citizen, as required by Article II. Not true. He signed a document stating so to get on the AZ ballot.
38 posted on 02/24/2010 2:46:56 PM PST by Suz in AZ
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To: Suz in AZ

Actually, the boxes were removed by Pelosi
in a conspiracy against the people of the United States
of America. The actual document is in post #23.


39 posted on 02/24/2010 2:52:32 PM PST by Diogenesis ("Resistance to tyrants is obedience to God." --Thomas Jefferson)
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To: Diogenesis

You mean the doc in post #23 that says, “I am a natural born citizen of the United States, am at least 35 years of age, and have been a resident within the United States for at least 14 years.”

That one? I think it claims natural born citizen status with or without a check mark box.


40 posted on 02/24/2010 2:59:00 PM PST by Suz in AZ
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To: Kimberly GG

Because he certified the electoral votes (presumably without verifying eligibility) as President of the Senate.


41 posted on 02/24/2010 3:02:56 PM PST by autumnraine (You can't fix stupid, but you can vote it out!)
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To: Diogenesis

Thank you for that clarification on BC in Hawaii. pretty much if you want to be hawaiian you can, right>
It could explain what happened.
Your entire post was GREAT


42 posted on 02/24/2010 3:04:48 PM PST by RWGinger
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To: Suz in AZ
Yes. You are correct. So am I.

The DNC has acted in CONSPIRACY against America
by altering documents in an attempt to bypass the Law
and what once was the US Constitution (now buried by SCOTUS)


43 posted on 02/24/2010 3:07:07 PM PST by Diogenesis ("Resistance to tyrants is obedience to God." --Thomas Jefferson)
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To: SeaHawkFan

We have been friends forever. She has always been a little shady. I keep thinking some of me will wear off on her. It has a lot to do with the way she was raised.

She wants the free stuff but does not want to pay taxes and does everything to not pay taxes. Either her mom or dad taught her there is a way to get out of everything. Thus she is a Obama supporter!

Interesting, when she was like 16, she dated one of the mafia whatever they are called in Chicago who went around collecting money. She said it was “NOTHING.”

Me raised in a strict Christian home gasped.


44 posted on 02/24/2010 3:18:45 PM PST by OafOfOffice (W.C:Socialism:Philosophy of failure,creed of ignorance,gospel of envy,the equal sharing of misery)
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To: rxsid

Whoa, Yorick!!! Do we really want Biden’s aneurism or Pelosi’s botox running the White House?


45 posted on 02/24/2010 3:19:49 PM PST by Calusa (The pump won't prime 'cause the vandals took the handle. Quoth Bob Dylan.)
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To: rxsid

This is the issue that needs to be determined in court. Is a child born within the jurisdiction of the US, to a citizen mother and a father who is a foreigner constitutionally eligible to be president?

After much research, I have concluded that the answer is no - that was not the meaning of Natural Born Citizen in Article II of the constitution.

However, it has never been determined definitively in a court of law, and legal scholars as well as the American people differ on their opinion of the issue.

Many people assume that just being born in America or having a parent who is a citizen is sufficient. When told that it might not actually be that way legally, they shrug and say well it should be.

I believe that a conservative court would be inclined to be stricter and uphold the original intent, but not at this time. I believe the courts are likely to dodge the issue, as being appropriately a question for the legislature.

Further more, the media reported the BC issue,(in a ridiculing way) Obama freely admitted his father was a British citizen, and the American people voted for him anyway. The people are Sovereign, and the people have spoken, courts will not be willing to overturn an election.

I truly believe the only way to insure this does not happen again, is for the states to address it in their election rules. The secretary of state for each state should certify the eligibility of candidates.

The legislatures of each state should specify by statute what the necessary documentation is, and what their interpretation of the term natural born means. Court challenges to the state laws might wind up in the Supreme Court, but at least the issue would have been determined.

Another way would be to amend the constitution to define the term, and have the states ratify. Passing a statute is not sufficient. Congress has the power to specify naturalization laws, but not to determine what is constitutional.

I find the legal issue to be interesting, and so I like to follow whats happening, but the main goal we all need is to make sure conservatives replace liberals and socialists in 2010.


46 posted on 02/24/2010 3:20:57 PM PST by greeneyes (Moderation in defense of your country is NO virtue. Let Freedom Ring.)
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To: Kenny Bunk

http://www.theobamafile.com/_eligibility/IssuesObamaCircumstances.htm


47 posted on 02/24/2010 3:21:37 PM PST by Beckwith (A "natural born citizen" -- two American citizen parents and born in the USA.)
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To: Fred Nerks

No objections were allowed or called, for Obama......WHY?


48 posted on 02/24/2010 3:24:16 PM PST by Candor7 (((The effective weapons against Oba- Fascism are ridicule, derision , truth (.Member NRA)))
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To: parsifal
Of course, English law defined Natural Born Citizen.

/s

49 posted on 02/24/2010 3:25:25 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: OafOfOffice

***My girlfriend despises him like I despise Obama. Oh well, No accounting for taste.***

Dump the girlfriend.


50 posted on 02/24/2010 3:32:02 PM PST by kitkat (Obama hates us. Well, maybe a LOT of Kenyans do.)
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