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AP/Photo Alex Brandon
Americans’ who do not believe President Obama is a U.S. citizen won a huge decision in California as a judge set three court dates, one of which will require the President to prove his citizenship.
The case will be heard by U.S. District Judge David Carter in Southern California, it is the first time the merits of the President’s citizenship will be argued in open court.
The first obstacle the plaintiffs will have to overcome is an October 5 motion to dismiss as well as the arguments on the issue of discovery. From there the plaintiffs will have to navigate a pretrial hearing before Judge Carter will hear the case tentatively set for January 26, 2010.
According to Jeff Schwilk, who was in the courtroom, the judge was solid as a rock. “The audience of about 45 was nodding and giving thumbs up to each other on almost all of his decisions.”
“He (the judge) is determined to get Obama to prove he is eligible,” Schwilk explained. “Things are going to move very fast.”
However, Judge Carter hasn’t ruled on the discovery motion, which is the right to see the President’s still-concealed records. Judge Carter didn’t rule on the motion to dismiss either.
The next few weeks will tell if the California plaintiffs will actually be able to challenge President Obama in open court.
The lawsuit claims President Obama is actually a citizen of Indonesia or Kenya. This would violate the U.S. Constitution, Article 2, Section 1, it says, “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 the President.”
The records put forth by the President show that President Obama’s Certificate of Live Birth took place in Hawaii.
“It’s pretty close to check mate, but of course the Obama team will try to come up with something to get their way,” Schwilk finished.
For more stories; www.examiner.com/x-10317-San-Diego-County-Political-Buzz-Examiner
Comments
LMAO - So Orly Taitz has come up with ANOTHER forged Kenya birth certificate - and it still doesn't look like an actual Kenyan document of that era.
Apparently, she didn't pay enough attention when no less than WorldNetDaily (among a host of others) exposed the first forgery.
Not to mention the source for this alleged document first tried to sell it on ebay, rather than use it in a lawsuit!
things that make you go hmmmmmm
It's funny how liberals always have the same canned answers and talking points. Snopes, Move-on and Fact-Check are not legal authorities; they are politically motivated Obama supporters. Be honest with yourself and ask yourself this one question and really come up with a legitimate answer. Why would any person spend so much money, time and legal effort to keep something hidden if there is nothing to hide? He could make all of these questions go away if he would just release all of his documents. The above-mentioned websites have never released any actual document, just a computer image. This isn't a Republican or Democrat issue it's our Constitution. Not yours or mine but ours. And it's what our country is based upon. If you don't agree with the Constitution or our way of life, then please, GET OUT. Obama said "The USA is the greatest country on the planet' and then he said "We're going to change it from the ground up" WHAT KIND OF SENSE DOES THAT MAKE??? WAKE UP AMERICA !!!
This nonsense will come to an end on Oct 5th when the court rules on the motion for dismissal. It isn't surprising that the crazies are foaming at the mouth over the judge's decisions. Like most things in life, they don't understand what it actually means. Judges do not take sides; he has no horse in this race. He is ruling on matters of law and nothing he has ruled on indicates that this specious suit has any legitimacy. It is simply a matter of procedure; one which will allow it to be flushed down the legal toilet with no chance of resurrection. Of course the birther brain trust doesn't see the bus coming.
It is going to be pretty funny when the case is dismissed. No doubt they will claim that it was pressure from the DOJ or Obama's super-secret operatives and not the fact that some loon filed yet another suit without merit.
The article says:
"The lawsuit claims President Obama is actually a citizen of Indonesia or Kenya. This would violate the U.S. Constitution, Article 2, Section 1, it says, '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 the President.'"
It's possible the article grossly oversimplified the claims of the lawsuit, but if not, the lawsuit is seriously flawed (it is, anyway). Wherever Obama was born, he was born to an American mother, which automatically grants him American citizenship. So he is an American citizen, there is no question of that. Now if he were born in Kenya, he MIGHT at one time have qualified for dual US-Kenyan citizenship, but why would he have Indonesian citizenship, as the article says the lawsuit alleges? No one is alleging he was born in Indonesia, and neither of his parents were Indonesian? Evidence of how stupid the plaintiffs are.
To continue my comments:
Okay, so lets pretend for a minute that Obama was born in Kenya. That would not have made him just a Kenyan citizen, with his mother's US citizenship he would have maybe been a dual citizen of the US AND Kenya as a child. However, HE IS NO LONGER A KENYAN CITIZEN. From the Kenyan High Commission website:
Q. If at the time of my birth one of my parents was not a Kenya Citizen and I was born in Kenya, is it possible that I have dual citizenship? If the answer is yes up to which age?
A. Kenya Constitution Section 97 (1) (6) (a) states that:
Any person who, upon the attainment of the age of twenty-one years, is a citizen of Kenya and also a citizen of another country other than Kenya shall cease to be a citizen of Kenya upon the specified date (6)(a) that is: twenty-three (23) years.
Jim is absolutely correct. The motion to dismiss will be upheld and Orly will be back out on the street.
There is no way that the plaintiffs have standing in this issue.
===” Not to mention the source for this alleged document first tried to sell it on ebay, rather than use it in a lawsuit! “===
In addition, he is a convicted forger.
But no matter, the wily Orly Taitz is all over that. It seems that she didn’t submit the actual affidavit from the forger, but a photocopy of the affidavit. Furthermore, the affidavit only alleges that the “Kenyan BC” was purchased from someone in Kenya and it also only has a photocopy of the document, not the actual document itself.
So, there is absolutely no chance that the so-called Kenyan BC will ever be seriously considered in a court of law.
As opposed to the highly one-sided version of the hearing you see here, Eric?
You might want to check out the OC Register's account and see just how goofy the attorneys filing this suit are - they can't even agree on what they are claiming.
And admit it, Eric - NO document the Obama folks released would satisfy you; you'd always find a reason to suspect it.
Reality check: IF there was anything to this, do you really think the Clinton Machine would not have used it to derail Obama's candidacy at the outset???? They're better at the game than Karl Rove!
===”The lawsuit claims President Obama is actually a citizen of Indonesia or Kenya. This would violate the U.S. Constitution, Article 2, Section 1, it says, “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 the President.”===
Actually, he can be both a natural born citizen AND be a citizen of another country. There are plenty of natural born U.S. citizens who have dual citizenship.
In the United States, the laws of another country DO NOT take precedence over U.S. laws. If you are a natural born U.S. citizen, then you can be POTUS, regardless of what the laws of a foreign country state.
To argue otherwise is un-American.
For all Obama commie supporters here, Doesn't it strike you as odd that he would spend over $1 million just to keep something a secret for which everyone else needs to supply for just about any official activity.
Something stinks here and Judge Carter's decision to move the case forward is a GREAT triumph for Democracy and Freedom. It about time the usurper is held accountable for his lies.
Sometimes the light at the end of the tunnel is an oncoming train....
"Jojo says:
For all Obama commie supporters here, Doesn't it strike you as odd that he would spend over $1 million just to keep something a secret for which everyone else needs to supply for just about any official activity."
No, but it surprises me that you allege that without any evidence whatever. Well, actually, considering the source, it doesn't.
Congratulations to the Judge who appears honestly dealing with the issue. I was very surprised when the Supreme Court would not touch it even though it was their duty to deal with it. I would say get the discovery process rolling and if there is nothing wrong this will end permanently. There are many unaswered questions and nothing works like the truth. Let us pray the judge will focus on the facts and the truths of the case.
I can't wait to see the long-form!!!!
My main reason being I have not heard one person EVER step up and say that their BC lists race as African from the early sixties. That is the one thing on his posted COLB that really seems wacked!!!
==="I can't wait to see the long-form!!!!"===
keep waiting.
The judge will dismiss the case. He has no choice.
OK, let’s play “What it?”
What if, Orly was granted the right to discovery for the Hawaiian records.
Well she would ask the DOH for a copy of the President’s birth record, and they will give her her very own certified COLB to take home with her.
That is the official record and it is legal proof that Obama was born in Honolulu.
If she wants other records, then she is going to have to convince Judge Carter that the COLB is not true.
How is she going to do that?
She can’t
Personally, I want to see the birthers explain the secret time travel technology Obama had access to BEFORE becoming President that allowed him to go back and insert birth notices FROM THE STATE PUBLIC HEALTH DEPARTMENT in the daily newspapers at the time.
Then I'll borrow it and go back and buy some Micro$oft stock in 1979!
"Tom says
No, but it surprises me that you allege that without any evidence whatever. Well, actually, considering the source, it doesn't."
Once Again, liberals are clueless.
So, let us examine what your source is for saying Obama is a Natural Born US Citizen.
1. COLB certified valid by factcheck.org. A left wing partisan organization. Next time somebody asks you for a valid legal document, bring him a document certified by factcheck.org and show it to him on the screen of your laptop. Let me know how that works out for you. LOL.
2. Newspaper announcement. Ann Dunham commited fraud when she said her son was born in Hawaii. She registered Obama's birth a few days after she got back from Kenya where she gave birth. That would explain why the earliest newspaper announcement was Aug 8, a few days after Barry's birth. Why would Ann Dunham do that, so that Barry can be a US citizen to avail of the many advantages of US citizenship when in fact he was born in Kenya. Hawaii a
2. Newspaper announcement. Ann Dunham commited fraud when she said her son was born in Hawaii. She registered Obama's birth a few days after she got back from Kenya where she gave birth. That would explain why the earliest newspaper announcement was Aug 8, a few days after Barry's birth. Why would Ann Dunham do that, so that Barry can be a US citizen to avail of the many advantages of US citizenship when in fact he was born in Kenya. Hawaii at that time allowed for a single parent to certify a birth and Hawaii would accept that. That is how Obama's birthplace states Oahu.
3. Hawaii officials statement. Officials in Hawaii stated that Obama was born in Hawaii based on the contents of the long form BC in their vault. But what we need to find out is if that BC has the hospital, doctor or midwife information as would be the case if indeed the child was born in Hawaii. If not, it means that that BC was generated by the testimony of Ann Dunham alone. Which means she lied and co
3. Hawaii officials statement. Officials in Hawaii stated that Obama was born in Hawaii based on the contents of the long form BC in their vault. But what we need to find out is if that BC has the hospital, doctor or midwife information as would be the case if indeed the child was born in Hawaii. If not, it means that that BC was generated by the testimony of Ann Dunham alone. Which means she lied and committed fraud.
Forgive me but I can not simply accept the above 3 sources as valid and factual especially with so much at stake. Obama needs to come clean with his campaign promise of transparency.
Kudos for Judge Carter standing up to corruption. I now fear for his life.
Can you imagine the havoc this country would have to deal with if, in fact, it is proven that President Obama isn't a U.S.-born citizen? Would that leave us with Joe Biden in charge? Who would become VP - Nancy Pelosi? Yikes!
Big flaw in your argument, jojo: Ann Dunham didn't put the birth announcements in the newspapers - they came from the State Public Health Department. Back before the Privacy Act, it was common practice for health departments to send announcements of all births to the local newspapers. (These days, a parent has to sign a release, at a minimum.)
And if you check a calendar for 1961, he was born on a Friday and the announcement appeared the following Tuesday - the obvious conclusion being that the Health Department collected birth info on Monday morning for the Friday, Saturday and Sunday and sent it to the papers, which got it in time for thie Tuesday editions.
As for the judge, go read the OC Register article - he simply set a hearing date and rather obviously had little truck with Taitz.
3. Hawaii officials statement. Officials in Hawaii stated that Obama was born in Hawaii based on the contents of the long form BC in their vault. But what we need to find out is if that BC has the hospital, doctor or midwife information as would be the case if indeed the child was born in Hawaii. If not, it means that that BC was generated by the testimony of Ann Dunham alone. Which means she lied and committed fraud.
Forgive me but I can not simply accept the above 3 sources as valid and factual especially with so much at stake. Obama needs to come clean with his campaign promise of transparency.
Kudos for Judge Carter standing up to corruption. I now fear for his life.
"Libertarian says:
Big flaw in your argument, jojo: Ann Dunham didn't put the birth announcements in the newspapers - they came from the State Public Health Department. Back before the Privacy Act, it was common practice for health departments to send announcements of all births to the local newspapers."
Actually I meant Ann registered Barry birth with the State, not registered with the newspapers. That is why I said it was fraud. Registering false infomation with newspapers is hardly fraud.
good riddance to bad trash,
I can't wait to see that stupid commie behind bars
You still don't have it right, jojo - and I'd love to see a source for your claim!
The Health Department got the info from the hospital administrations - you didn't 'register' anything.
Birther - Someone who believes in the Constitution.
Someone who believes the U.S. Constitution is the supreme
law of our land (United States of America). Someone who
believes our elected representatives should live up to their
sacred oath of office and should take action only when that
action is in compliance with our Constitution. In my opinion
that is the definition of what makes a person an American
Citizen of these United States.
And please expalin that timeline, jojo: He was born on the 4th, a Friday and the notice was in the papers on the 8th, a Tuesday.
Even IF in a mad conspiracy his mother flew to Hawaii over the weekend (it would appear you've never been involved with childbirth if you believe THAT would have happened in 1961) she would have had to rush in to the Health Dept. first thing Monday morning to get it to the papers by Tuesday. (No internet, fax machines, etc. in those days - hand-delivered or mailed documents that then had to be set in hot type.)
Hey Kimberly, I want people fighting with one another on MY page! No fair! Send some my way! :D
To: Libertarian
Obama's grandmother Madelyn Dunham lived in Hawaii. My understanding is that any relative can file a certifcate of live birth in Hawaii.
Just show us the &*%$ long form birth certificate, jeesh. What are you trying to hide. You're not an emperor and we (the electorate) have a right to see it (and not some bureaucrat emerging from the vault with some declaration that she's seen it. Grow up and submit yourself to the same scrutiny and standart to which your subordinates are bound. In other words, be a man (not a man-child) for a change.
That's right -- cowboy up, Mr. Beefy!
3. Hawaii officials statement. Officials in Hawaii stated that Obama was born in Hawaii based on the contents of the long form BC in their vault. But what we need to find out is if that BC has the hospital, doctor or midwife information as would be the case if indeed the child was born in Hawaii. If not, it means that that BC was generated by the testimony of Ann Dunham alone. Which means she lied and committed fraud.
Forgive me but I can not simply accept the above 3 sources as valid and factual especially with so much at stake. Obama needs to come clean with his campaign promise of transparency.
Kudos for Judge Carter standing up to corruption. I now fear for his life.
Lincoln Pickard says: “Obama's grandmother Madelyn Dunham lived in Hawaii. My understanding is that any relative can file a certifcate of live birth in Hawaii. “
=== === ===
Nope, it has to be one of the parents.
===.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0338/HRS_0338-0005.htm
ooops, that just shoots your theory right in the foot.
===Hawaii officials statement. Officials in Hawaii stated that Obama was born in Hawaii based on the contents of the long form BC in their vault. ===
Nope, they stated it was based on their records.
The computer database IS THE OFFICIAL RECORD.
there is no "Vault."
Saikia says: "Just show us the &*%$ long form birth certificate, jeesh"
====
They don't exist. The COLB is the official and only legally valid document.
To: Alberto Vargas
Too many elected representatives have been slicing, dicing and shredding the Constitution for too long. What do you think this is doing to our country and our freedom? If Obama is not a natural born citizen, and was removed from office, it could reestablish the United States as a Constitutional Republic instead of one that bows and cow tows to the elite special interests that ignore, violate, infringe and abridge our Constitution.
"Anti-Birther says:
They don't exist. The COLB is the official and only legally valid document."
Baloney, The Long-form BC DO EXIST. All Bambi has to do is authorize its release and the Birther Movement dies a quick and sudden death.
So how about it you commie supporters, tired of hearing from Birthers. Then ask your obammessiah to come clean, if he can.
Sory, jojo, the state no longer maintains the originals as offficial documents. They will not issue a certified copy of said document.
The electronic database IS the official record. The COLB is the official document that they issue.
They have not recorded any paper birth certificates since 2001. Are you claiming that all children born in Hawaii since 2001 are not citizens since they do not have "long forms?"
I realize this may exceed your comprehension, jojo, but I'll give it one shot anyway: "libertarian" is about as far from "commie" as you can get.
And for the rest of you birth-nutz: This is a country that can't even keep secret a presidential BJ - and yet they kept THIS so well contained that none of Obama's opponents - including the Clintons - nailed him on it before the election?
Moonbats.... nothing but moonbats.
So, Lincoln Pickard, If only a parent, a doctor, a midwife or a hospital can register a birth, how did his mother get from Kenya to Honolulu to register him so quickly?
To Anti-Birther.
CNN Joel Klein first popularized your claim which Hawaii officials flatly rejected. They still have any paper document they had. They destroyed nothing.
Don't bring in a tangent about people born after 2001. Its irrelevant. We are talking about 1961.
To Libertarian. You are assuming Clinton did not nail him for it. Hillary realized she was never going to win the general election so she deferred to Obama in exchange for something. Why do you think Obama made her his Sec of State. Michelle and Barry hated Hillary's gut, last thing they wanted was to deal with her some more. But this was in exchange for the dirt she found.
And who filed the first lawsuit against Barry. Phil Berg - a democrat supporter of Hillary.
Re: "one of which will require the President to prove his citizenship.'
No. The plaintiffs must show that Obama is not a citizen or not a Natural Born Citizen. The burden of proof is always on the plaintiffs.
Re: "But what we need to find out is if that BC has the hospital, doctor or midwife information as would be the case if indeed the child was born in Hawaii."
It was not possible for a child to receive a Hawaii birth certificate that said "born in Hawaii" simply on the say so of his mother. If a child were born outside of a hospital, Hawaii required a statement by the doctor or midwife who attended, or if there was no medical person present, some other witness.
However, we know that Obama was born in a hospital because this witness recalls being told of the birth at the time by a doctor who practiced at a hospital.
Re: "Re: "My understanding is that any relative can file a certifcate of live birth in Hawaii. '
Your understanding is wrong. If a child were born outside of a hospital, Hawaii required the statement of a doctor or midwife, or if there was no medical person present another witness.
If Obama HAD a genuine LONG-FORM USA birth certificate, WE WOULD HAVE ALL SEEN IT BY NOW!!! Obama is NOT a "natural born citizen" of the USA and therefore INELIGIBLE to SERVE as President, much less us having to serve him.
===CNN Joel Klein first popularized your claim which Hawaii officials flatly rejected. They still have any paper document they had. They destroyed nothing.===
The problem is, those records are no longer the official records and can not be certified by the state.
That is the key thing you are missing here. The state can only certify the official records.
That is the COLB.
That is the only official record that the state holds.
To follow through on your logic, you are claiming that any child born in hawaii since 2001 can not grow up to be president becuase they do not have a "Long form."
That is absurd.
A good summary of the issues here including cites to the various laws: http:
//24ahead.com/s/obama-citizenship
Obama could have been born anywhere and his grandmother could register his birth in 1961:
[§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."
Obama claims he was born at a specific hospital. Let him produce the records to confirm that fact.
To all Obama supporters. Bottom Line... Birthers are not going to dissappear until the true facts are known. Your lies, attacks and ridicule will only strengthen our conviction that you are clueless and don't care for the foundational law of our land. Birthers are the Real American Patriots. Anti-Birthers cling to the politics of personality. They want who they want without regard to our founding document. I truely wish Anti-Birthers do not get their way. Otherwise, this will no longer be a land where nobody is above the law.
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