Hawai’i court is asked to expedite Obama birth certificate appeal

PR Inside ^ | 3/29/2009 | Andy Martin

[AJ in NYC]

The Hawai’i Intermediate Court of Appeals is being asked to expedite an appeal seeking release of Barack Obama’s original, typewritten 1961 birth certificate. Andy Martin says scholars have a right to access historic documents of the American presidency. The Hawai’i Attorney General opposes release. Martin will convene a National Conference on Barack Obama’s Missing Birth Certificate, in Washington April 3-4. See www.NationalConferenceOnObama.blogspot.com

IN THE INTERMEDIATE COURT OF APPEALS OF HAWAI’I

ICA DOCKET NUMBER: 29643

ANDY MARTIN,

Appellant,

HON. LINDA LINGLE, in her official capacity as Governor; DR. CHIYOME FUKINO, in her official capacity as Director of the Department of Health,

Appellees.

MOTION TO EXPEDITE APPEAL

1. Although appellant is proceeding pro se and is not an expert in Hawai’i appellate procedure, he does have considerable experience with appellate tribunals. The instant appeal poses an important question of national public policy and historical inquiry: should Hawai’i officials be required to make available for biographical research and scholarly inquiry the original, typewritten 1961 birth certificate of President Barack Obama? 2. Appellant has written one book on Barack Obama, Obama: The Man Behind The Mask, which is (or should be) part of the record on appeal, has conducted extensive original research in Hawai’i and is preparing to author a second book on the president. Appellant in sponsoring a national conference on missing records involving the president, www.NationalConferenceonObama.blogspot.com. 3. With all due respect to the district Judge, it is difficult to see how a basic historical record, the original “ribbon” copy of the birth certificate of the President of the United States, can or should be concealed from scholarly inquiry or the American people. 4. Appellant has been in contact with the Hawai’i Attorney General and that office opposes expediting this appeal, see attached. 5. Because there is a time lag between filing in this Court and Appellant receiving Notice, he does not know if the record on appeal has been filed yet. In any event, the record is due to be filed or has been filed. 6. This appeal represents review of a straightforward question of law. There was a single hearing in the district court; on information and belief there were and are no disputed questions of fact. CONCLUSION Most respectfully, Appellant asks this Court consider the historical significance of this litigation, and to enter an order setting an expedited briefing and argument schedule.

Respectfully submitted,

ANDY MARTIN

CERTIFICATE OF SERVICE

I certify I have served opposing counsel as follows:

Jill T. Nagamine, Esq., Deputy Attorney General 425 Queen Street Honolulu, HI 96813 via Fax (808) 587-3077

on March 28, 2009.

ANDY MARTIN

[El Gato]

Therr absolutely no reason for Obama to seal his grade school and high school records, unless of course his birth certificate says he is African not American by birth.

Wouldn't have to be African, which is not a country anyway, although if he was born in what is now Kenya, he'd be a subject of Her Majesty the Queen of England, and a national of the United Kingdom. It could just as well be Canada, (ditto, but in that case not a UK national)

[canaan]

IMO, if someone is writing in Hawaiian, they should use the Hawaiian language. If they’re writing in English, they should use English. What if I were writing something about a Chinese person - by the “Hawai’i” logic, I’d have to write the word “China” and the person’s name in Chinese symbols. How would I be able to communicate then? The English speaking people reading my otherwise-English words, wouldn’t be able to read it. That makes no sense.

I believe people should write in one language, not mix them. If your text is in Hawaiian, then use Hawaiian words. If you’re writing in English, use English. The point is communication, not being pretentious.

[freebird5850]

Good to hear from you Polarik! Dr Orly sure has been giving a lot of effort regarding this and I thank you too!

[freebird5850]

Wouldn’t McCain be placed as he was running against Barry? Barry having not met the qualifications would have been sworn in falsely. Would that be null and void? I can’t wait to see it on world news when the secret service walks Barry out of the White House!

[El Gato]

Actually, if I followed their lead I would be going around telling folks I am a Native Tejan, or somthing along those lines.

It would be "Tejano", except that term has long ago taken on a meaning different than a citizen of Tejas, to mean a "Texan of Hispanic ancestory". I like "Texican" myself, even though I'm not native born (But neither were Sam Houston,aka Big Drunk, Jim Bowie, David Crockett, or Stephen F. Austin), since it was the term used in the early days, both before, during and after the period of the Texas Republic. I don't know when it got changed to the more conventional "Texan".

[AJ in NYC]

That is exceptional...I’m still laughing!

[El Gato]

But that law is not retroactive to cover births in 1961.

Only the special case of a child of an unmarried mother. But that section 8 USC 1409(c) confers nationality, not citizenship. So, if BHO had been born outside the country, and his parents were not legally married, then he would be a US national, but not a citizen, let alone a "natural born" citizen.

[canaan]

I don’t understand why people are still suspecting his parents weren’t married - the divorce decrees from Dunham’s mariages to both Obama and Soetero have been posted online....

[El Gato]

Thanks for clearing that up.

Actually I was slightly incorrect. 8 USC 1409 addresses the children of unwed mothers with US nationality, in which case the child is a US national, but that is not the same as a citizen. All citizens are nationals, but not all nationals are citizens.

However I checked and 8 USC 1409 was not changed in 2007, or since, either. However the most recent published complied version of the US Code is the 2007 version.

[El Gato]

That's true, but only if a person has parents who are married. A child born outside of wedlock only has one legal parent, so § 1409 applies. [Please see post #50]

Section 1409 (C) only gives US Nationality child born out of wedlock outside the US to a mother who is a US National. Not citizenship. All US Citizens are US nationals, but not all US nationals are citizens. (American Samoans are the only group that this applies to, but it also applies to some individuals in special circumstances, such as the child of an unmarried US national mother born abroad.

[El Gato]

For that matter, not one branch of the federal government has any authority over the subject of citizenship....only the provision that they make immigration 'regular'.

Not what the Constitution says. It says:

The Congress shall have Power...To establish an uniform Rule of Naturalization.
Article I Section 8

Thus someone who is a citizen only by virtue of some provision of the US Code (ie. a law passed by Congress) must be a naturalized citizen, even if naturalized at birth. They cannot be a "natural born" citizen.

[Red Steel]

Here is a more complete writing of the code than the one provided by on this thread without having to go see other webpages. The full title of the code clears things up.

---

TITLE 8—ALIENS AND NATIONALITY

CHAPTER 12—IMMIGRATION AND NATIONALITY

SUBCHAPTER III—NATIONALITY AND NATURALIZATION

Part I—Nationality at Birth and Collective Naturalization

Sec. 1409. Children born out of wedlock

http://law.justia.com/us/codes/title8/8usc1409.html

---

You’re correct El Gato this code doesn’t apply to Obama’s citizenship issue.

[TLI]

I like "Texican" myself,

It is a natural tendency I suppose that over time descriptive names become shorter. That is why I never understood why “Tejan” and “Tejans” never caught on. It is easily pronounced and fairly accurate. Tejan would be the common form and Tejano would denote Hispanic ancestry.

But of course, as it is with many things, that would be far too simple and might actually work well, therefore it will never happen.

Weird.

[Hostage]

It doesn’t settle the issue of ‘natural born’. So the issue isnot moot.

And yes, the college records are important but perhaps not as important as the birth issue.

[LucyT]

0bama has lived for half a century
without leaving any footprints — none. Why would (and how could) that be?

Original, vault copy birth certificate — Not released
Certificate of Live Birth — Released — Counterfeit
0bama/Dunham marriage license — Not released

0bama/Dunham divorce — Released (by independent investigators):

http://libertypost.org:80/cgi-bin/readart.cgi?ArtNum=258403

Soetoro/Dunham marriage license — Not released
Soetoro adoption records — Not released

Soetoro/Dunham divorce — Released (by independent investigators):

http://libertypost.org:80/cgi-bin/readart.cgi?ArtNum=258403

Fransiskus Assisi School School application — Released
Punahou School records — Not released
Selective Service Registration — Released — Counterfeit
0ccidental College records — Not released
Passport (Pakistan) — Not released
Columbia College records — Not released
Columbia thesis — Not released
Harvard College records — Not released
Harvard Law Review articles — None (maybe 1, unsigned?)
Baptism certificate — None
Medical records — Not released
Illinois State Senate records — None
Illinois State Senate schedule — Lost
Law practice client list — Not released
University of Chicago scholarly articles — None

[nufsed]

BTTT

[Protect the Bill of Rights]

A real dumbass would have someone tell us here in North Ga that cinder blocks were not made to display dead cars in our front yards. :-)

[MamaTexan]

To establish an uniform Rule of Naturalization.

Thank you for the correction.

However, having the legitimate authority to make the rule for naturalization uniform does not bestow the authority to control or define every aspect of citizenship.

It only means Congress gets to make the rule so the criteria for being a naturalized citizen will be the same for every State.

[null and void]

Null, I’m starting to think we are either soulmates or seperated at birth. ;o)

They always told me that I wuz an only child. Small wonder they've locked away my birth certificate...

[null and void]

Wouldn’t McCain be placed as he was running against Barry? Barry having not met the qualifications would have been sworn in falsely. Would that be null and void?

Yes. ME. ME! It's all about MEEEE!