Posted on 02/05/2010 8:35:06 AM PST by whatisthetruth
Please join Phil Berg, Jeff Kuhner and others at 12pm Eastern to hear updates and events surrounding the Constitutional issues regarding Barry Soetoro a/k/a Barack H. Obama serving as the President of the United States.
(Excerpt) Read more at freedom570am.com ...
Caller reading straight from the Constitution - follows with Vattel’s but got cut off. Says he can’t believe anyone who can read the Constitution can’t be a Birther since the usurper admits father was Kenyan.
Berg and K say Kenyan father is not important - what!?!
A caller just made the correct point on dual citizen and Phil flubbed it. Said it didn’t matter.
So what is Berg basing his argument on? And why is it not just as good?
Help, How do I listen to the program,
tahnks
Pro-Aborts
Thank you. I thought I'd mis-heard it or something. What's with Berg on that?
hello anybody?
do I listen on line?
Click link at #16.
Berg, Corsi, and WND finished but K now taking questions.
thank you, I got it.
IMO Berg wasn’t on long enough, and Kuhner never challenged him on anything considering he said beforehand, he doesn’t buy into the birther claims. Some panel of folks coming up the 3rd hour, wonder who Kuhner originally tried to get on this show that refused to come on. Cowards!
This is what frustrates me about the lawyers involved in this issue. They each poo-pooh each others’ points.
But it’s all important. My particular bent is the law enforcement end of things, because I’ve personally observed the law-breaking and the failure of law enforcement. But the Constitutional issue has to be resolved also. Even if Obama was born in Kenya, the Constitutional issue needs to be addressed because we need to know what the Constitution means.
The following is a series of articles printed by the newspaper in Kenya “African Free Press” on or near Oct. 14, 2008 that in my mind provide some of the best legal analysis of the Obama Birth Certificate issue:
Mr Berg, please read all three articles from African Press International (API) to the end (Obama has enemies in Kenya).
If you are a natural US born citizen, what are you hiding Barack Obama?
Posted by africanpress on October 14, 2008
Barack Hussein Obama II
YOU TUBE VIDEO: Listen to it. If true then this is a big shock
http://keeptonyblairforpm.wordpress.com/2008/11/03/the-sarah-obama-tape-on-obamas-birthplace/
By Judah Benjamin, Guest Author
It has been asserted by a number of sources, including Andy Martin, that Barack Hussein Obama was born in Mombasa, Kenya and not in Hawaii. Philip Berg’s Latest Motion to the Court is more explicit since it gives an exact Place of Birth. I must assume that Berg did not simply pluck the Location out of thin air, Mombasa has more than one Hospital, though Coast Provincial General was the best in 1961.
British Birth Certificates have a Standard Format which has been more or less the same since 1837 and they can only be challenged in a British Court. Kenyan Law is explicit and can only be challenged in a Kenyan Court. Indonesian Law is explicit and can only be challenged in an Indonesian Court. Be clear, if Obama was born in Kenya this is not simply a matter for the US Courts, or US Law.
If he was born in Kenya, and his parents were Legally Married [which on the Preponderance of Evidence they were, his father’s first “Marriage” being a Tribal, or Village, Marriage, which was not Legally Recognized] due to the age of his mother he would NOT have been a US Citizen. The Immigration and Nationality Act 1952, 8 U.S.C. 1401. Sec. 301 (g) [Effective November 14, 1986] does not apply, nor does Title III, Immigration and Nationality Act Section 309. [8 U.S.C. 1409].
Unless he has taken the Oath of Allegiance as a Naturalized Citizen since he was 18 years old, and if he was born in Mombasa, Kenya, Barack Hussein Obama II would not be a US Citizen, period. The issue of whether or not he was Natural Born under Article II of the Constitution of the United States would cease to matter and he would need to be Deported as an Illegal Alien.
Impeachment as a Senator would seem not to be necessary since he would never Legally have been one, but Diane Feinstein and the members of the Senate Ethics and Rules Committee would be liable to Impeachment. So would their opposite numbers in the Illinois Senate and the appropriate officials of the Illinois State Supreme Court and Bar, so far as I can see.
If Senator Barack Hussein Obama II was born in The Coast Provincial General Hospital at Mombasa in Kenya at 7.24 PM on August 4th 1961, or at any other time, he is not a Natural Born Citizen of these United States and he never was. Philip J Berg, Esq, is correct, under the Nationality Act of 1940, as Revised June 1952 and in accord with United States of America vs Cervantes-Nava 281 F 3d 501 (2002) and Drozd vs INS, 155 F 3d 81, 85-88 (2d Circuit 1998) Senator Barack Hussein Obama II would not ever have been a Legal US Citizen at all, unless he was Naturalized.
If he was born in The Coast Provincial General Hospital at Mombasa in Kenya any Certificate, or Certification of Live Birth, issued for him by the State of Hawaii is a Fraudulent and Illegal Document. At Birth he would have been a UK and Colonies Citizen and in accord with the Kenyan Constitution he would have become a Kenyan Citizen in December 1963. He would not have been a US Citizen.
Alternatively, his UK and Colonies Birth Certificate issued in Mombasa in August 1961 could be a Fraudulent and Illegal Document. The two BCs would need to be compared. By this I mean the Original Vault Copy of the Hawaiian Birth Certificate and not the Amended, Post Adoption, Copy, Legally available to the Senator, assuming he was, as indicated by the Preponderance of Evidence, Adopted by Lolo Soetoro. This case might also need to go through the UK and Kenyan Courts and becomes a Matter of International Law and Controversy.
If Barack Hussein Obama II was born at The Coast Provincial General Hospital at Mombasa in Kenya at 7:24 PM on August 4th 1961, or at any other time, it is certain that he is not Eligible to hold the Offices of POTUS or VPOTUS and highly probable that he is not Legally entitled to hold the Office of Senator either and that he was not Eligible to be an Illinois State Senator.
In that event the Senate Ethics and Rules Committee, Chair Diane Feinstein, have a problem because they are responsible for the Certification of a Candidate’s Compliance with Constitutional Requirements, a job they would have conspicuously failed to do. Should he be Elected the poisoned Chalice would pass to Nancy Pelosi because as Speaker of the House she, and the House, have the Responsibility to ensure that the President Elect can Effectively be Sworn In and Legally Assume the Office and Duties of the President.
Be very clear here, if Barack Hussein Obama II was born at The Coast Provincial General Hospital at Mombasa in Kenya at 7:24 PM on August 4th 1961, or at any other time, Diane Feinstein’s Committee have already failed in their Duty, as has every Secretary of State in the Union.
Let me repeat myself, if Barack Hussein Obama II was born in The Coast Provincial General Hospital at Mombasa in Kenya at 7:24 PM on August 4th 1961, or at any other time, he is not a Natural Born Citizen of these United States and he never was, he is not even a Citizen by Birth. I had assumed ab initio that Obama was born in Hawaii and that his Hawaiian Paperwork was basically “on the up and up”, I could not conceive that a lie of this magnitude was possible, I thought that the INS would have caught on long since. If he is a US Citizen under these circumstances his Oath of Allegiance must be on Record somewhere. If it isn’t he is not a US Citizen.
Hawaii may Legally be able to Issue a Birth Certificate under these circumstances, according to their own Code, but it would breach of International and Federal Law if they have. It would breach Hawaiian Law if the Place of Birth is spurious.
“[§338-17.8] Certificates for children born out of State. (a) 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 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.
(b) Proof of legal residency shall be submitted to the director of health in any manner that the director shall deem appropriate. The director of health may also adopt any rules pursuant to chapter 91 that he or she may deem necessary or proper to prevent fraudulent applications for birth certificates and to require any further information or proof of events necessary for completion of a birth certificate.”
So by that section he could get a certificate claiming Hawaiian birth even if he was physically born outside the US but the Place of Birth would need to be correctly recorded.
Understand, the Hawaiian Authorities may be able to Issue a Hawaiian Birth Certificate under these circumstances but they cannot make you a US Citizen. A child born in Kenya to and underage US Female and a UK and Colonies Citizen in 1961 was not born a US Citizen under any US Federal Law, under British Law, or International Law. The only way such an Individual could be a US Citizen in terms of the XIVth Amendment, or any Statute, or Code of US Federal Law is by Naturalization.
Under Common Law no Person can Testify as to their own Place of Birth, this is established Law upheld by stare decisis. Therefore it would be possible, even given the he was born in Kenya, for Obama to claim that he believed a Hawaiian Birth Certificate made him a US Citizen under the XIVth Amendment and that therefore he was acting in Good Faith running for an Office which he was Constitutionally Incapable of Holding. Unfortunately for him, his actions in regard to the Admission of his UK & Colonies and Kenyan Citizenships and his Indonesian Citizenship by Adoption, his frequent apparent Breaches of the Logan Act, his probable breaches of the Hobbs Act, the Hatch Act, USC Title 18 Part One Chapter 63 § 1346 and the RICO Statute make this Defense wholly Untenable, especially when one considers the fact that he holds a JD from Harvard Law. One may throw in the Misprision Statute for good measure. It is difficult to find any action or statement of Obama’s since 1992 that could be used to suggest Good Faith could be used as a Defense in this Case. I am not saying that Obama is Guilty of any of these Felonies or High Misdemeanors, only that his actions and pronouncements are such as to lead to a reasonable suspicion that he may be.
Under INA §349 “2. taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof after having attained the age of eighteen years.” This is an “Expatriating Clause”, if you hold Dual Citizenship and do this you void your US Citizenship. Well Obama campaigned actively for Odinga in Kenya and apparently also took some kind of Luo Tribal Loyalty Oath. He may also have joined Odinga’s party. Of course his Dual Nationality lapsed in 1982 but INA §349 could, perhaps, still apply here, if he was born in Mombasa. It might even be concluded that Obama was providing grounds to restore his Kenyan Citizenship by Prime Ministerial Decree, which is Legal under the Kenyan Constitution. That would certainly look Expatriating to me, but I do not know how a Court would react.
There is indirect reason to believe that this may be true. “2d Session S. RES. 511: Recognizing that John Sidney McCain, III, is a natural born citizen.: In the Senate of the United States.” was Sponsored by Senator McCaskill and co-sponsored by Senators Leahy, Obama, Coburn, Clinton and Webb. Why? Why were Democratic Senators trying to pass a Resolution making Senator McCain undoubtedly Legally Eligible when this issue had already been cleared up in 2000 and again in 2004? And why did Senators McCaskill and Obama reportedly insert the following Clause?
“Whereas previous presidential candidates were born outside of the United States of America and were understood to be eligible to be President;”
This Clause has no particular relevance to McCain and the following Clause, which it is reported McCaskill and Obama attempted to REMOVE shows that:
“; and Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936:”
It seems clear that McCaskill and Obama were attempting to create a blanket Resolution covering ALL Foreign Born candidates. Why do that if not to benefit a Foreign Born Democratic Candidate, who did not have a US Military background?
McCain did not need this resolution, Richardson did not need this Resolution, so far as I can see nobody needed this Resolution unless somebody in the race was born outside the USA and was “Covering his/her Ass” and the only individual in the race that that could apply to was Senator Obama! This in turn would show that the Senator is a liar who has been peddling untruths about his birth for at least 16 years!
Likewise it would explain why Michelle Obama tried trawling the “very single mother” canard. Were he illegitimate there is precedent and Statute that says if his parents were unmarried at the time of his birth he would have become a Citizen of the USA at Birth under Title III of the Immigration and Nationality Act Section 309. [8 U.S.C. 1409]. However, as Miller v Albright, 523 US 420 (1998) demonstrates there is, and was, a split in the Supreme Court as to whether this Law is in fact Constitutional under the XIVth Amendment. A new case might change the precedent. For now it stands.
I do not insist that any of this is true and to me it makes little difference if it is, I hold him Ineligible anyway and have seen no solid Legal Rebuttal of my view from any source, but if he was born in Kenya he has, and can have, no defense of any description and any Document he has from Hawaii is Fraudulent on several levels. To hold the Office of POTUS one must be a Natural Born United States Citizen, if he was born in Mombasa Obama probably isn’t even a United States Citizen much less Natural Born. He would be guilty of Fraud and a list of other offenses and any and all persons who had aided him would be guilty of Misprision, in all probability.
It is getting more confusing as we near elections: Obama, where are you really born? Obama Born In Kenya? Reported that His Grandmother Says Yes
Posted by africanpress on October 14, 2008
Does it really matter where he is born? API asks.
We found this story and we find it difficult to get the facts in the correct box. Readers should judge and comment on the importance of theis story, if at all it is. - API Editorial
Filed under Opinion Editorials, Media objectivity, USA foreign policy, US elections, Law and courts - on Monday, October 13, 2008 - By: Yonah, Tamar
Someone is lying. According to Obama’s Kenyan (paternal) grandmother, as well as his half-brother and half-sister, Barack Hussein Obama was born in Kenya, not in Hawaii as the Democratic candidate for president claims. His grandmother bragged that her grandson is about to be President of the United States and is so proud because she was present DURING HIS BIRTH IN KENYA, in the delivery room. -This, according to several news sites and Pennsylvania attorney Philip J. Berg (see video below) who is, surprisingly, a life long democrat himself. Berg is the former Deputy Attorney General of Pennsylvania, and he has an impressive background in his activities as a democrat, but his support for the party seemingly stops when it comes to his trust in Barack Hussein Obama.
Many U.S. voters are suspicious of the Democratic candidate’s past, and Berg filed a lawsuit to force Barack Hussein Obama to produce a certified copy of his original birth certificate to prove that he can run for the office of President of the United States. However, he is being fought. The DNC On Sept. 24 filed a motion to dismiss the Berg action. Why? What is there to hide? Why not produce the original birth certificate and be done with all the suspicions against Barack Hussein Obama?
A few months back, a birth certificate WAS posted on the internet which shows that Obama was born in Hawaii. Yet some say this birth certificate is a forgery and again, his grandmother states that she was present at the birth, in Kenya. So what is the truth?
One explanation is that Obama’s mother Ann Dunham, flew to Kenya in 1961 with Obama’s father to meet his family. According to some news reports, Ann Dunham, was not accepted well by her husband’s family because she was white:
“Obama’s family did not take to Stanley Ann Dunham Obama very well, because she was white, according to Sarah Obama. Shortly after she arrived in Kenya Stanley Ann decided to return to Hawaii because she later said, she did not like how Muslim men treated their wives in Kenya. However, because she was near term the airline would not let her fly until after the birth of her baby. Obama’s grandmother said the baby—Barack Hussein Obama, Jr.—was born in Kenya and that shortly after he was born, Stanley Ann returned to Hawaii.”
However, by the time she wanted to leave Kenya, it was during the late stages of her pregnancy. She was not able to board a plane because the airlines wouldn’t allow women so close to birth to fly. It is instead believed, that Barack Hussein Obama was born in Kenya as his grandmother apparently stated. Then, after he was born, his mother returned with him to Hawaii where his birth was REGISTERED on or about August 8th, 1961, in the public records office in Hawaii.
There is also a discrepancy in what hospital Barack Hussein Obama was born in, even if he was born in Hawaii. Reports by his own sister in two separate interviews state that he was born at two different hospitals– Kapiolani Hospital and Queens Hospital–in Honolulu.
The Times Herald even reports: “the senator’s grandmother, brother and sister, who live in Kenya, believe they were present during Obama’s birth in the African country.” Here, the Times Herald uses the word that his family ‘believe’ he was born in Kenya (perhaps to avoid possible law suits by Obama’s Truth Squad?).
Watch this interesting and important video clip.
http://www.youtube.com/watch?v=gA6_k3NtXZs
I myself, not wanting to believe what I see, did some searching around, and this is what I came up with:
Obama was born on August 4, 1961, at the Kapiolani Medical Center.
and here it says:
Barack Obama was born at the Queen’s Medical Centeron 4 August 1961.
So which hospital was it, or was he really born in Kenya? And why is this simple matter so confusing and disturbing? Do the search your self and plug in these key words:
Obama born Queen’s Medical Center and then Obama born Kapiolani Medical Center in a Google search. You will see he is reported to be born in two diferent hospitals. A miracle! Maybe he IS the Messiah (grin).
What’s so hard about knowing something so simple as which hospital or country someone was born in? And if it is simple, then why doesn’t Barack Hussein Obama just present the court with his original birth certificate to be analysed and proven? The onus of proof is on him, not the American public of which he wants their trust in him to be their leader.
So, who is lying? Barack? His grandmother? His sister? Someone is.
p.s. Dr. Jerome Corsi will be on my show today (Sunday) where I will be interviewing him about his recent trip to Kenya to promote his new book, The Obama Nation, and to see if he can find Obama’s birth certificate. Instead, he was arrested, held at gunpoint and deported from Kenya. He’s back in the States now and wants to talk. Listen to the showwhich airs at 9am eastern time.
The opinions and views articulated by the author do not necessarily reflect those of Israel e News.
——————————–
API discovered the story on the site quoted below as the source. We want the readers to be the one to judge. We do not sensure.
Published by African Press International - API/source:http://www.israelenews.com/view.asp?ID=3324
What do you think?
Caller - discussing why DNC submitted two versions for candidate.
K - ignored the question. Went on with still not convinced Hussein isn’t a citizen (hello, it’s not about citizenship but NBC!).
MAY THE GOD OF ISRAEL DO HIS MIGHTY WONDERS !!!!
Steve Maltsburg (sp) on now.
M - agrees something is fishy with all the hidden records - Hussein spending our money to fight it - Idiot BOR did NOT see the BC - Who got to Beck?
K - why isn’t FOX taking this on?
M - Saudi’s own FOX - FOX backed off terrorism and Hussein so it may be that the Saudi’s don’t want it discussed - Percy Sutton and Saudi prince.
Steve Maltsberg is a radio talk show host with WOR Radio in New York City and on the WOR Radio Network. The first hour, 3-4 pm eastern time, can be heard in the New York area streaming live or on pod-cast at the website (see below).
Steve Maltsberg’s website
http://www.malzbergtalk.com/site/?page_id=17
Radio listen-in site
www.wor710.com
Thanks.
I hope somebody mentions that Obama’s lawyers have twice threatened the media heads if they report on this one lone issue.
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