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Hawai’i court is asked to expedite Obama birth certificate appeal
PR Inside ^ | 3/29/2009 | Andy Martin

Posted on 03/29/2009 6:02:38 AM PDT by 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


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; Politics/Elections
KEYWORDS: birthcertificate; birthers; certifigate; colb; coverup; eligibility; ineligible; internetpowerhouse; obamanoncitizenissue; usurper
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To: TLI
Well, I suppose that here in Texas we Native Texans have been plain old snarky dumbazz’s for my fifty some odd years for spelling it Hawaii. Goody for them.

No, that's not being a dumb ass as a Native Texan is not trying to spell a Hawaiian word in Hawaiian or trying to tell a Native Hawaiian how to correctly spell a Native Hawaiian word in Native Hawaiian.

Being a dumb ass would be for a Native Hawaiian to tell a Native Texan that "The City of San Antonio" is spelled "incorrectly" as it should be spelled "The City of Saint Anthony".


41 posted on 03/29/2009 7:34:49 AM PDT by Polybius
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To: Polybius

It may actually be Tex’ass!


42 posted on 03/29/2009 7:38:21 AM PDT by nufsed (Release the birth certificate, passport and school records.)
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To: jrd
YOURS is the angle from which we need to work, jrd.

We need an army of naked, shell-shocked, disheveled and aimlessly-walking nuclear-winter-dusted protesters at that Hawaiian courthouse carrying signs which read:

"RELEASE THE BIRTH CERTICATE TO THE MAINLAND BEFORE BARRY HAS US NUKED."

Maybe THAT would get the attention of the MSM and Congress.

43 posted on 03/29/2009 7:40:56 AM PDT by Miss Behave (OBAMA LIED, THE DOLLAR DIED.)
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To: MamaTexan
The BC issue is moot since they changed the US code in 2007. It now says the child of a single mother is a US citizen as long as the mother is a US citizen had been in the US for one year.

Was that 2007 code change retroactive?

I didn't think so.

Regards,

44 posted on 03/29/2009 7:42:00 AM PDT by alexander_busek
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To: AJ in NYC
IN the oft chance that they do release anything my biggest fear is that it has already been sanitized during recent trips Ozero made to Hawaii.
45 posted on 03/29/2009 7:42:36 AM PDT by rodguy911 (HOME OF THE FREE BECAUSE OF THE BRAVE--GO SARAHCUDA !!)
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To: The Duke

In some states I think it is. Not in Hawaii, though. The Hawaiian law is very clear about that.


46 posted on 03/29/2009 7:44:51 AM PDT by sometime lurker
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To: MamaTexan

I don’t know how high this goes, but I am hearing that this is going on in other units at Fort Campbell as well.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Has the law redefined “natural born”?


47 posted on 03/29/2009 7:49:05 AM PDT by wintertime
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To: Miss Behave
We need an army of naked, shell-shocked, disheveled and aimlessly-walking nuclear-winter-dusted protesters at that Hawaiian courthouse carrying signs ... Maybe THAT would get the attention of the MSM and Congress.

While your motives are good, the tactics are a mistake. That would get the attention of the MSM, and allow them to label anyone concerned about the issue as a complete nut.

48 posted on 03/29/2009 7:49:18 AM PDT by sometime lurker
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To: gunnyg

You know, the fact that he has gone through so much trouble and expense to prevent the American people from looking at any of his records, including his school records makes many a mind wonder in directions that it might not have before.

My take on it is this, buy the time his communist handlers found out he wasn’t American born, it was too late to find an acceptable replacement so they started covering up and destroying all evidence to the contrary and were successful in the short term.

For instance, What in the world was Harry Reid doing publicly calling the Chief Justice a liar? I mean talk about burning bridges. There have been no recent court decisions that ruffled liberals feathers. Just out of the blue he starts railing on the guy.

It makes me start wondering. Hmm, does ole Harry know that Obama is an illegitimate President and he has just fired a warning shot at the Supreme Court? Turn down the case before you concerning his birth certificate or you will be sorry?

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.

I Remember him talking about the only time he ever met his father after he left, was when his mother was trying to allow her parents to adopt him and needed his permission?

Now that is a crock of bull, if you don’t know who the father is or where the father is, all you have to do is put it in the newspapers of the last known address and if he doesn’t respond then the adoption would go through. She could have published it in a Harvard newspaper and not have had to have his permission.

His whole life has been rewritten and in doing so he had to through every friend and teacher under the bus.

When he went to grade school in Hawai’i he had to show his birth certificate, that is why his publice school records are sealed. Since it must have been something that continued with him, normally you must show your birth certificate three times during your k-12 they had to seal them all.

When you start grade school, when you go into high school (some states are different) and then when you attend college. They are required in some states to prove you are an American citizen in order to get Pell grants, student loans etc.

How did he get a driver’s license. How did he get a SSN card? How did he get an American Passport, the forged selective service reccord seems to lend credience to this theory. Why did he lie on his state board form about Never having gone under a previous name?


49 posted on 03/29/2009 7:52:55 AM PDT by ODDITHER
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To: MHGinTN
Um, do you understand the concept of ‘grandfathering in’?

TITLE 8 > CHAPTER 12 > SUBCHAPTER III > Part I > § 1409, Children born out of wedlock

(a) The provisions of paragraphs (c), (d), (e), and (g) of section 1401 of this title, and of paragraph (2) of section 1408 of this title, shall apply as of the date of birth to a person born out of wedlock if—
(1) a blood relationship between the person and the father is established by clear and convincing evidence,***
(Barry says his father was Obama)

(4) while the person is under the age of 18 years—
(A) the person is legitimated under the law of the person’s residence or domicile,***
(Can you say Certification [NOT a Certificate] of Live Birth?)

(c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person’s birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

-----

The entire text of the code is cross-referenced for your convenience.

I suggest you READ IT before you get all smarmy and act as if I'm the ignorant one.

50 posted on 03/29/2009 7:53:15 AM PDT by MamaTexan (~ The People of the several States are not 'subject to the jurisdiction' of the United States ~)
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To: alexander_busek
Was that 2007 code change retroactive? I didn't think so.

See post #50.

51 posted on 03/29/2009 7:54:34 AM PDT by MamaTexan (~ The People of the several States are not 'subject to the jurisdiction' of the United States ~)
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To: wintertime
Has the law redefined “natural born”?

It's trying. The problem is that no one understands that the government wasn't instituted to create the Law, but to follow it.

52 posted on 03/29/2009 7:56:39 AM PDT by MamaTexan (~ The People of the several States are not 'subject to the jurisdiction' of the United States ~)
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To: ODDITHER
"You know, the fact that he has gone through so much trouble and expense to prevent the American people from looking at any of his records, including his school records makes many a mind wonder in directions that it might not have before."

Commonly know as "guilty behavior."

53 posted on 03/29/2009 7:57:45 AM PDT by nufsed (Release the birth certificate, passport and school records.)
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To: autumnraine; Calpernia; Fred Nerks; null and void; pissant; george76; PhilDragoo; Candor7; ...
Hawai’i court is asked to expedite Obama birth certificate appeal
54 posted on 03/29/2009 7:58:07 AM PDT by LucyT
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To: AJ in NYC

Certificate to be released?!? Must mean the ink is dry!


55 posted on 03/29/2009 7:59:31 AM PDT by BradyLS (DO NOT FEED THE BEARS!)
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To: MamaTexan

The meaning of the “natural born” clause in the Constitution has never been resolved in any court, and such legislation as you posted may or may not be applicable to it. I hold that it is not. I hold that the clause in the President qualifications is sui generis — a thing onto itself, and to be understood only as the Founders meant that particular and special clause to mean in unique reference to the Presidency.


56 posted on 03/29/2009 8:02:13 AM PDT by bvw
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To: Polybius
Actually, if I followed their lead I would be going around telling folks I am a Native Tejan, or somthing along those lines.

Interestingly, I would be laughed out of the room.

57 posted on 03/29/2009 8:02:38 AM PDT by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: autumnraine

Dan Rather is working on it as we speak.


58 posted on 03/29/2009 8:05:00 AM PDT by bikerman (Obama lied;the Country died.)
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To: nufsed

*snicker*


59 posted on 03/29/2009 8:05:13 AM PDT by LibertyRocks ( http://LibertyRocks.wordpress.com ~ ANTI-OBAMA STUFF : http://cafepress.com/NO_ObamaBiden08)
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To: LucyT; All

Somebody needs to create a video of events all about this eligibility issue, something thats almost impossible to censor or erase, a documentary of all the court cases and the persons involved.

Lets see if the folks that did The Blair Witch Project would be interested.

Or just find a school with some students learning how to create movies, give them an opportunity to be a part of history.


60 posted on 03/29/2009 8:05:55 AM PDT by Eye of Unk ("If there must be trouble, let it be in my day, that my child may have peace." T. Paine)
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