Finally after three years of media silence and Obama team ridicule, eligibility questions will be heard in court. It is time for this question to be settled on the merits and not on legal manipulations which forestall the inevitable. If this usurper in chief was actually born in America, he needs to prove it. Glad to see FOXNEWS is finally covering the story.
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Of course FOX is the ONLY member of the legacy media to carry the story. And even FOX did so rather grudgingly, reporting the facts in no more than a 30 second spot. Isn’t the fact that a president of the United States might be ruled legally and Constitutionally UNQUALIFIED to hold the office rather a LARGE news item? Bigger than some clown captain who sank an Italian boat, isn’t it?
One would surely think so.
I don’t know if it’ll help,but, everyone should be sending emails to Fox and calling them. If they start to hear from a large amt. of people who are disgusted with the direction the station is starting to go, perhaps they’ll reconsider their leaning to the left. Dout Book sure got it right with his comment, isn’t this story about a sitting president being questioned about his eligibility larger than life??? We know his father was a British subj and we know BO was adopted by an Indonesian man. O’k how did he then become an American citizen??? Why won’t our sitting house of representatives speak out? Bkz this is the 1st black pres. ? that’s racist that one will not ? this issue bkz of his skin color, no?
Ha, Ha, Ha. the only people who do not want you to know the truth are the friggin liars. Mr pseudo president’s daddy was not born in America. BIG HEADLINE! A candidate for president MUST be a natural born citizen, AND both parents Must be citizens of The united states, wht part of this do you not understand? Leftist communism is nothing but the mafia. So what is next, reeducation camps to shove more government lies down our collective throats?
American_48,
Please give the supporting evidence of your comment that Obama’s parents must both be U.S. citizens in order for him to be considered “natural born”.
How about starting with Supreme Court decision in Minor v. Happersett which has never been overturned and clearly speaks to two citizen parents as an absolute requirement for the presidency! In addition, a letter demanding proof of citizenship from McCain and forced McCain to produce all documents proving eligibility be proffered. The demand letter was authored by a team of Senators among them Barry Soetoro Hussein and signed by him. McCain produced all documentation and never demanded the same from the usurper nor did Congress. A setup and planned violation of the Constitution and the greatest act of collective treason in American history! There’s your evidence!
is there possibly more to bo than meets the eye? I wonder where his $ came from to travel all over while a young man in college. is the shadow gvt responsible for him being in the oval office? why did McCain just roll over with the entire republican party? doesn’t this all seem suspect to ??? I hate thinking and saying but if it walks like a duck and it quacks like a duck It Probably Is A Duck, just saying? who’s the power behind BO?
Put it this way, OMG:
If public investigative authority – like, say, a court, managed to get Obama’s real, original birth certificate, one of his “vital records” out of its file drawer in Hawai’i's Health Department, first floor, and it showed that Obama had two citizen parents, then nobody would question his eligibility at birth, right?
Why doesn’t he release his original birth certificate, if it shows he was eligible at birth? Because it shows he’s not black. Am I wrong? I’m from Missouri. Show me the original birth certificate, not a partial picture of the adoption certificate fraudulently represented to be the original birth certificate.
Obama keeps the contrived controversy about his birth going for another reason, in addition to his theft of racial identity. Verify his eligibility at birth, and the deck is cleared for the investigation of the real eligibility issue, whether he lost his U.S. citizenship when he became a naturalized citizen of Indonesia.
Becoming a naturalized citizen of a foreign country is potentially an expatriating act, like conviction for treason. Potentially. If done voluntarily and with the intention of relinquishing U.S. citizenship. These are questions of facts requiring considerable official investigation. It should be budgeted at $100,000,000 for openers, and properly done would take at least six months. The evidence adduced would be worth it, as election officials of the nation could rely on it to make informed, rational decisions as to whether Obama was constitutionally eligible to be put on their ballot. Some would say yes. Some would say no. Each sovereign state makes its own decision. The states appoint the presidential electors, though all have chosen to look to a popular vote to decide among eligible candidates.
So the Georgia judge can choose to lead the way by making an investigative record that will help the nation, or make things worse by deciding on incomplete facts regarding Obama’s eligibility at birth and not even consider the real eligibility issue, whether Obama lost citizenship later.
I just hope the Georgia judge decides to be a leader.
From what I have read it is not exactly clear that both parentrs need to be American citizens.
I hear he’s thumbing his nose at the judge!!!??? Going to be campaigning in Vegas??
The only judges he’s concerned with are those he bought and paid for. Right from the Supreme Court right down to local levels and wherever he needs to cover his rear.
thank you. indeed it’s the D.C. way, not just chicago way…the corruption is almost hard to believe. we are in such deep pooh pooh…
Obama is trying to provoke the judge into disposing of the case by a default judgment, instead of conducting the thorough investigation required for a true resolution of the issues.
By the way, the court can still hold Obama in contempt. Might get a grand jury going with the possibility of indicting Obama for obstruction of justice. Can’t arrest him while he’s in office, but he is overdue for impeachment. Indeed, he’s spoiling for an impeachment fight, which he might use to ordain that Congress is in revolt and he must rule by decree and put off elections. However, the longer impeachment is put off, the more dangerous it will be.
But the facts are what we need, and the Georgia court has considerable power to uncover facts, even when the parties stipulate to false facts, if it does not choose to skate.
This case should be litigated on all the facts relevant and material to Obama’s constitutional eligibility, regardless of whether Obama co-operates. The vital facts can be discovered without his co-operation, though he will make every attempt to throw a spanner in the works.
He needs to be shown that he is not above the law. the laws of the land apply to him as well as the average joe.
As interesting as it sounds to require Obama to appear in a Georgia court, I don’t think it will ever happen. This federal judge is just trying to make a statement, and I hope his order is enforced, but Obama has already ignored several federal judges and ignored their orders. When even a Supreme Court justice admits that they are deliberately avoiding discussion of this eligibility issue, there isn’t much the people can do to resolve the issue. There have been several cases filed by various individuals and groups across the nation, and every time the court has used a technicality to throw the case out on such ignorant remarks as “the people have no standing because they haven’t been harmed”. If judges can’t understand that a man who falsifies documents, violates the constituional eligibility requirements, pushes an unpopular agenda on the citizens, and commits other crimes hasn’t harmed anyone, then we are not going to see one little judge in Georgia force Obama’s compliance.
OMG,There are a lot of us who like you believe what your saying,but in the long run i think we are praying that it will happen and all the other states will jump on the band wagon.You would think once it,s known that he has committed fraud that treason charges would be brought against him,but he has brown nosed so many people with his charm (Yuk) they do not want to believe that of him. Keep Praying!!!.
OMG, don’t underestimate that “one little judge in Georgia”, who just might make history.
He can make history by doing his job, which hordes of crass and craven officials have refused to do, because they erroneously thought Obama was black. They thought he was black because they were too crass and craven to subpoena his vital records, which would show straightaway that his story of a black father was a hoax, still fervently perpetrated to this day because the flaming RINOs, whom the People elected to hold Obama to account, were too freaking cowardly to find the facts.
The Georgia judge can skate and make things worse, or put Obama’s tit in a wringer, refuse him leave to withdraw his application for a place on the ballot, and scrutinize his past, especially his birth and citizenship records and evidence pertaining thereto, in the most exquisite detail.
This is not a partisan matter. Rank and file Democrats, if fully informed, might not want to re-nominate the mole foisted upon them by their party’s communist leadership in 2008.
Once again western journalism has failed to post my comments,in a lengthy way i said yes he is black (obama) and yes he doesn,t know what the hell he is doing.And i also said in my opinion he is narcissistic and a pathological liar. It,s true so it looks like obama has another partner who sleeps in his bed with him,move over msnbc,abc and cbs and now westernjournal.
I think is smell something fishy in your dissertation.
OMG, I hope this judge can do something about Obama regarding his eligibility… The rule of law as well as our Constitution mean nothing to this man… The judges in the Supreme Court need to be removed and replaced with Judges who will take their oath of office seriously and up hold the Constitution. With the way this may tramples our rights and our Constitution we have all been harmed.
We have elected politicians calling us a democracy for heavens sake. The socialist marxist are winning. I know the American people are not aware that they are being propagandized daily on both sides. The politicians don’t care about the people or this country. They are the winners even when it’s their turn to ride in the back seat. Making laws for us to live by while they are exempted??? What can the people be thinking, oh that’s right they’re not. Both of these parties have the citizenry against each other rather than against them. Those corrupt SOB’s.
Malihi, the judge in this case is NOT a federal judge. He works only for the state of Georgia. I don’t know anything about the law, but it seems to me that this being a State case is a good thing. I don’t believe a federal judge can overrule Malihi, should he rule Obama not qualified to be on the Georgi ballot. It is, after all, purely a state of Georgia issue. And each state has the authority to run its own election policies, rules and practices, keeping in mind the Constitutional requirements for those running for federal office.
Be great if an attorney who knows something about the issue and the law would weigh in.
Doug, Do a search for Albert W. L. Moore, Jr of Independence MO. He is an atty who knows something. I hope he is on the right track.
Visit the Birther Vault for the long list of evidence against Hawaii officials and all of the evidence that leads to KENYA; [http://obamareleaseyourrecords.blogspot.com/2010/08/video-ltc-terry-lakins-attorney-on-cnn.html].
I DID! In a brief time this is what I came up with. I am going to research Albert W. L. Moore alot more. Thanks.
Ern, the main thing Moore knows that he doesn’t have the evidence to prove or disprove Obama’s eligibility, has deduced the evidence needed to be found, and knows that public investigative authority must be invoked to uncover the relevant and material evidence. Moore to date has used publicly available sources, and does not believe that there is enough publicly available competent evidence to prove eligibility or ineligibility. What the People need are facts. Public investigative authority must be invoked to get them. Public officials are paralyzed from investigating for fear of being called racist, even though investigation would quickly prove that Obama is not half Negro, and has perpetrated a hoax in claiming an alien black Luo tribesman as his birth father.
Moore expects the undisclosed evidence (especially Obama’s original birth certificate and DNA) will prove that Obama was a natural born American citizen at birth, as claimed by Dr. Fukino’s statement of 27 July 2009. See eingriff’s main comment for Moore’s suggestions pointing out the high probability that Obama’s original birth certificate remains undisclosed. Unfortunately, if Moore’s on the right track, the birthers are on the wrong track and have been tricked into stipulating facts that are misleadingly incomplete.
There will almost certainly be conflicting evidence as to whether Obama lost his U.S. citizenship. Exhaustive official investigation should be conducted and made available to state secretaries of state and other election official charged with determining whether candidates should be placed on the ballots of their respective states. They need the facts to make their decisions, even though the facts might be conflicting.
Moore’s analysis is probably ahead of whoever is in second place outside the inner circle of the Obama cabal. He perceives that Obama is running rings around the birthers in the Georgia case of Welden v. Obama, and the judge needs to take over to uncover all of the relevant and material facts regarding Obama’s constitutional eligibility to the Office of President.
Along the way, the investigation will probably find clues to Obama’s criminal and seditious conspiracy with the government of Indonesian to conceal evidence of Obama’s Indonesian citizenship, and indications that he has been a Comintern mole for all or most of his adult life. Some naive characters are incredulous at this last thought. On 6 May 2011 Moore shook hands with Sir Rudy Giuliani (dubbed an honorable knight by Moore’s [very!] distant cousin Elizabeth II Regina for his dash and flair in the 9/11 Islamic attack on America) and politely asked him whether he had ever considered the possibility that Obama was a mole. Sir Rudy burst into genial but incredulous laughter and said, “What?! A mole?! God, I HOPE not.!” And surely it is to be devoutly hoped not, but it’s notorious that his adoptive parents and probable birth father and his birth father’s wife were communists, and Frank Marshal Davis, whose ancestral line might have crossed the Dunhams’ line in Kansas, was a communist mentor to Obama, his friends, associates and teachers included many communists, his career path was communist – and this might be the true roots of Obama’s rage – the anti-communist coup in mid-1960s Indonesia murdered 250,000 to 1,000,000 communists and suspected communists, some of whom might have been Stanley Ann Dunham’s friends, whose identity as communists she disclosed to her CIA handlers, not realizing she was transmitting death warrants. Obama has the profile of a communist, Alger Hiss on steroids. Like Hiss, he is altruistic. He is not an enemy agent because he is a bad man; he is a bad man because he is an enemy agent.
See Moore’s amicus curiae suggestions in Welden as to how the court might save the birthers from themselves and their hysterical “Obama-must-be-ineligible-at-birth-or-not-at-all-and-if-there’s-a-God-in-heaven-he-was-ineligible-at-birth” fetish. His eligibility at birth (as the evidence is expected to show) can be lost by loss of U.S. citizenship. He can’t be a natural born U.S. citizen if he is not a U.S. citizen at all, even if he was a natural born U.S. citizen at the time of his birth. The suggestions are set out in full in the main comment of eingriff, 25 January 2012, 03:08am.
To the best of my knowledge state law trumps federal law as outlined by the tenth amendment. My brother, a retired judge, believes the state election ballot is under the control of the state and the attorney general. Failure to satisfy qualifications beyond a reasonable doubt for the office, demands removing Barry from the ballot! I believe this will establish presidence and support more states in their move to oust Barry Hussein from their ballot!
I don’t know if it matters anymore. This adm is by far the worst we’ve seen and they are getting away constantly with violating the constitution and rule of law. This is an adm. to be feared. Americans are not very smart. They buy into propaganda bkz it’s easier than thinking for themselves. They’re pre-occupied with everything else from hollywood starlets to athletes. No time for God and family and watching that their freedoms are kept intact for future generations. No, got get some viagra to keep our sex lives healthy and like that of a 20yr old even though we now in our early 50′s…If only he could be gone as you’ve mentioned by states not having to put him on bkz he’s not eligible. oh my,,, deep sigh relief
See my main comment, if the Lord above see how moderate it is and allows publication.
The states appoint the presidential electors. See U.S. Const Art. II Sec. 1 (our old friend).
The problem with my main comment is probably length. Let me shorten it by omitting the amicus curiae suggestions.
Don’t get your hopes up, Western Center for Journalism. Obama has run rings around the birthers, and is in the catbird’s seat unless the Georgia judge takes over discovery and conducts an exhaustive factual investigation, instead of just rendering judgment against Obama for default and kicking the can down the road.
The birthers have been seduced into trying the case on false stipulated facts. This only makes matters worse, and plays into Obama’s hands. Obama’s willingness to stipulate should have warned the birthers that this was a trick. Birthers want a quick fix but Obama doesn’t need the Georgia primary to be re-nominated.
What the birthers, and the People, need are facts.
The Georgia judge can save the birthers from their own foolishness by taking over discovery and conducting an exhaustive investigation of Obama, which the U.S. House of Representatives and others should have initiated a year ago. The court is not required to accept the parties’ dishonest and false stipulation of fact. The judge can reject it and require full disclosure (by hook or by crook, as FDR would have said). The nation’s whole investigative machinery has been paralyzed by the false notion that Obama’s birth father was Negro. Why? Because Obama said so. Thus pathological liar said so. The investigation of Obama should start with his heretofore undisclosed original birth certificate. The one proffered on 27 April 2011 was a partial picture of Obama’s amended birth certificate, showing adoptive parents, required in Hawai’ian adoptions. The original birth certificate, one of his “vital records” verifies that, as Dr. Fukino stated on 27 July 2009, Obama was a natural born U.S. citizen (and had no Negro parent, certainly not the alien black Luo, who would have made him ineligible).
As the omitted amicus curiae suggestions indicate, exhaustive investigation will verify that Obama was eligible at birth, and elicit conflicting evidence whether his naturalization as an Indonesian citizen caused him to lose U.S. citizenship. Whatever the Georgia judge’s decision on Obama’s loss of citizenship, the evidence he elicits in the judicially controlled discovery process will help election officials nation-wide to make informed determinations whether Obama should be allowed on their ballots.
Some election officials will probably conclude, upon full disclosure, that Obama did not lose U.S. citizenship. Some will conclude he did. They must all have the evidence of whether Obama voluntarily became an Indonesian citizen, and, if so, whether he did so with the intention of relinquishing his U.S. citizenship.
State legislatures can also review the Georgia court’s discovery of evidence and consider whether appointments of presidential electors pledged to Obama made in 2008 should be rescinded for fraud on either of both of two counts: (1) theft of racial identity, pretending to be black and (2) fraudulent claim of constitutional eligibility. Can’t be a natural born citizen if you’re not a citizen at all, even if you were a natural born citizen at the time of your birth. This might reverse the 2008 presidential election. Congress could then pass legislation to be signed by a real President confirming Obama’s official actions, except for those that should not be confirmed – Supreme Court appointments, cabinet appointments, Obamacare, re-start treaty, others to be submitted in due course of a year.
It is essential that Obama be impeached ASAP. It won’t be a walk in the park, but the longer it’s put off the more difficult it will be. But it would be very helpful if the hoax about a Negro father were exposed first, and this can be done by publishing Obama’s original birth certificate showing birth parents of known racial heritage consistent with Obama’s DNA.
Let us pray the judge picks up the gauntlet, accepts the opportunity to make history, and rejects the temptation to evade responsibility to decide on all the evidence, as so many have before him, by copping out and finding Obama eligible or ineligible on partial evidence. If the judge finds eligibility on the stipulated facts he will be wrong on the law; if he finds him or ineligible at birth he will be right on the academic and immaterial legal point, wrong on the real, undisclosed facts of the original birth certificate, and hazarding an extra-judicial threat of racial violence. It’s lose-lose for all but Obama, who still has his hole card showing two U.S. citizen birth parents. By the time he has to play it, if he ever has to, there won’t be enough time to investigate the Indonesian connection.
The judge has a chance to make a record that will resolve the Obama matter for Georgia, and give other states and D.C. a true, complete and rational basis for making their own determinations. And full disclosure will ease racial tension, not ratchet it up by propounding or accepting lies.
Actually, I wish that obama would ignore the Judges order to appear in the Georgia Court and then the Judge would issue a Warrant for Arrest of Defendant obama and the Warrant was carried out and obama was arrested and brought into the courthouse whichg the Judge has this authority to do no matter who the defendant that refuses to appear is. obama is no different than any other defendant that thumbs his nose at a Judge o a Judges order and as such should be treated no differently no matter what his job or position in government is.
This will never happen. The BO swat team will be down in Georgia all over this judge. We have a dictator in chief.
The main thing is that the Georgia judge force disclosure, whatever Obama does or refuses to do.
Custodian of his vital records and other records can be subpoenaed to produce records. Often there are ways to subpoena or seize by search warrant records in another state by statutory procedures that involve co-ordination with the authorities of the custodian’s state.
The Georgia judge can probably get the requisite evidence to verify Obama’s eligibility at birth with near certainty, and resolve for his state the question of whether Obama lost U.S. citizenship by foreign naturalization. That is, if he is willing to do so. I think he’s duty bound to conduct an exhaustive verification investigation, having ruled that Obama’s eligibility must be verified. I don’t think that Obama can withdraw his ballot application to avoid the investigation. The facts uncovered by a proper investigation are more important than whether Obama is kept off the Georgia primary ballot. Obama doesn’t need Georgia’s delegates to be re-nominated, and many other states don’t require official verification.
It’s really very important to dig out the facts. Holding Obama in contempt, grand jury investigation of election fraud and obstruction of justice, icing on the cake.
Harpy Hillary might want to barge in to claim Obama retained American citizenship, but election officials can make their independent determinations, without necessarily disagreeing with the U.S. Secretary of State openly. “Oh, Madam Secretary, he might be a citizen for all other purposes, but Kansas Secretary of State Kris Kobach decides whether he is eligible for the Kansas ballot.”
What I find amazing is that there are still people who can read Article II Section I clause 5 of the Constitution and not understand that there is a class of citizenship known as “natural born”. Now, what does “natural born” mean? Our founders knew it meant a citizen born in the country of two citizen parents, as defined by deVattel in his “Law of Nations” and used as a reference by the founders. IF you want a Supreme Court definition, go to Minor vs Happersett where a definition of “natural born” is stated. Obama’s father was never a citizen and Obama admits he was born with dual citizenship, the fact of which precludes him from being eligible to be president.
“Our founders knew it meant a citizen born in the country of two citizen parents, as defined by deVattel in his “Law of Nations” and used as a reference by the founders. IF you want a Supreme Court definition, go to Minor vs Happersett where a definition of “natural born” is stated.”
1. What the founders “knew” and what they stated in the Constitution are two different things, and since none of them are around today to tell us what they “knew”, we are left with opinions from today’s judiciary.
2. The “Law of Nations” might have been used as a “reference” by the founders, but it is not mentioned in the Constitution.
3. In the case of Minor vs Happersett, the opinion of the Supreme Court was repeated several times in their decision that by the fourteenth amendment “all persons born or naturalized in the United States and subject to the jurisdiction thereof” are expressly declared to be “citizens of the United States and of the State wherein they reside.”
I don’t see any reference in the Supreme Court’s decision to having 2 citizen parents, and that is exactly the reason we have “anchor babies” meaning children born in the U.S. of illegal aliens.
The children refered to here are refered to as citizens…that does not make the “natural born citizens”. The requirement for the President to be a natural born citizen was not changed, and what determines a person to be “natural born” has never changed. These anchor babies may be citizens (this is based on false understanding of laws written to make former American born slaves citizens), but they are not “natural born citizens” for one or both of their parents is not a citizen. It drives me crazy when even Republicians make remarks that “anchor babies can some day be President”. As long as we have a Constitution and up hold it’s laws, they can never qualify.
The Minor decision addresses the difference between a naturalized citizen and a natural born citizen. It cites the requirement that to be natural born, two citizen parents are required per deVattel’s law of Nations, the foundation for most of the construct of our Constitution! It is prevailing law and beyond question. The federal government’s power over state law is severely restricted by Article 1, Section with the tenth amendment the prevailing law bequeathing supremacy to the states and the people therein! No matter what Barry cannot be on the ballot in Georgia or any other state that demands his eligibility must be satisfied, which it cannot!
I like seeing the judge in Georgia taking the “Hard Ball” stand. However, as we all know…the Government will and does protect their own. It wouldn’t surprise me one bit that Obama refuses to show up for court. Now, the state of Georgia has declared that if Obama fails to show up for court, that the Judge could or will issue an order to take Obama’s name of the election ballots. This, of course, will be repealed to the Supreme Court. We all know what the Supreme Couirt will do…don’t we. THE GOVERNMENT WILL PROTECT THEIR OWN.
THE WORM IS TURNING!! IT MAY NOT BE ACCOMPLISHED FRIDAY, BUT IT WILL BE ACCOMPLISHED. OBAMA WILL BE EXPOSED.
Don’t get your hopes up, Western Center for Journalism. Obama has run rings around the birthers, and is in the catbird’s seat unless the Georgia judge takes over discovery and conducts an exhaustive factual investigation, instead of just rendering judgment against Obama for default and kicking the can down the road.
The birthers have been seduced into trying the case on false stipulated facts. This only makes matters worse, and plays into Obama’s hands. Obama’s willingness to stipulate should have warned the birthers that this was a trick.
The Georgia judge can save the birthers from their own foolishness by taking over discovery and conducting an exhaustive investigation of Obama, which the U.S. House of Representatives and others should have initiated a year ago. The court is not required to accept the parties’ dishonest and false stipulation of fact. The judge can reject it and require full disclosure (by hook or by crook, as FDR would have said). The nation’s whole investigative machinery has been paralyzed by the false notion that Obama’s birth father was Negro. Why? Because Obama said so. Thus pathological liar said so. The investigation of Obama should start with his heretofore undisclosed original birth certificate. The one proffered on 27 April 2011 was a partial picture of Obama’s amended birth certificate, showing adoptive parents, required in Hawai’ian adoptions. The original birth certificate, one of his “vital records” verifies that, as Dr. Fukino stated on 27 July 2009, Obama was a natural born U.S. citizen. As the following suggestions indicate, exhaustive investigation will verify that Obama was eligible at birth, and elicit conflicting evidence whether his naturalization as an Indonesian citizen caused him to lose U.S. citizenship. Whatever the Georgia judges decision on Obama’s loss of citizenship, the evidence he elicits in the judicially controlled discovery process will help election officials nation-wide to make informed determinations whether Obama should be allowed on their ballots.
Some will probably conclude that Obama did not lose U.S. citizenship. Some will conclude he did. They must all have the evidence of whether Obama voluntarily became an Indonesian citizen, and whether he did so with the intention of relinquishing his U.S. citizenship.
State legislature can also review the Georgia court’s investigative record and consider whether appointments of presidential electors pledged to Obama made in 2008 should be rescinded for fraud on either of both of two counts: (1) theft of racial identity, pretending to be black and (2) fraudulent claim of constitutional eligibility. Can’t be a natural born citizen if you’re not a citizen at all, even if you were a natural born citizen at the time of your birth.
Let us pray the judge picks up the gauntlet, does not evade the opportunity to make history, and the responsibility to decide on all the evidence, as so many have before him by copping out and finding Obama eligible on partial evidence. If the judge finds eligibility on the stipulated facts he will be wrong on the law; if he finds him or ineligible at birth he will be right on the academic and immaterial legal point, wrong on the real, undisclosed facts of the original birth certificate, and hazarding an extra-judicial threat of racial violence. The judge has a chance to make a record that will resolve the Obama matter for Georgia, and give other states and D.C. a true, complete and rational basis for making their own determinations. And full disclosure will ease racial tension, not ratchet it up by propounding or accepting lies.
OFFICE OF STATE ADMINISTRATIVE HEARINGS
STATE OF GEORGIA
DAVID F. WELDEN, :
:
Plaintiff, : Docket Number: OSAH-SECSTATE-CE-
: 1215137-60-MALIHI
v. :
: Counsel for Plaintiff: Van R. Irion
BARACK OBAMA, :
: Counsel for Defendant: Michael Jablonski
Defendant. :
________________________
Application and Suggestions of Amicus Curiae
Comes now Albert W. L. Moore, Jr., of the Missouri and United States Supreme Court bars and others, and prays that the Court, in the interests of justice, judicial economy and enforcement of the United States Constitution, waive any pesky formal requirements for his submission of amicus curiae suggestions and take the following suggestions in this case and those consolidated with it, made on information and belief:
GENERAL
1. Court and counsel are to be commended for reaching the merits of the constitutional eligibility of Barack Obama (“Obama”). However, the Court risks decision on incomplete facts posing a false issue regarding Obama’s eligibility at birth. Plaintiff in this case has been tricked by Obama into erroneously stipulating that Obama’s father was a man known to be an alien at the time of Obama’s birth, without obtaining discovery of Obama’s original birth certificate showing his actual birth parents. This wastes the Court’s time on a false issue. The Court should take over and conduct thorough discovery to avoid confusion, waste of judicial time, and a false precedent in disregard of the real constitutional eligibility issue, which is Obama’s possible loss of American citizenship from his naturalization as a citizen of Indonesia, a potentially expatriating act. Obama presses the Court extra-judicially by implicitly threatening the Court with violence in the streets, if it decides against Obama’s eligibility, by those who still believe Obama’s hoax that his birth father was a black alien.
2. The Court can quickly verify Barack Obama’s constitutional eligibility as a natural born United States citizen, on the day of his birth, by taking over discovery and subpoenaing Obama’s DNA and all of his Hawai’ian vital records, probably consisting of an original birth certificate showing his actual birth parents and his amended birth certificate showing adoptive parents Stanley Ann Dunham and Barack Hussein Obama, an alien black Luo tribesman. Analysis of Obama’s DNA will prove that it is biologically impossible for him to be the son of his claimed birth parents, which conclusively disproves the “birth certificate” (actually an adoption certificate) proffered by Obama on 27 April 2011. Obama’s real, original birth certificate will show two American citizens, genetically consistent
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with Obama, as his birth parents, thus corroborating the statement of Dr. Chiyome Leinaala Fukino on 27 July 2009, set out in full in the discussion below. Obama refuses to release his original birth certificate, partly because it proves that he is not half Negro, but also to evade consideration of the real eligibility issue, his possible loss of American citizenship in acquiring Indonesian citizenship. If direct subpoena of the Hawai’ian custodian of Obama’s vital records be a problem, the Court could require that they be produced by Obama’s consent to their release by the custodian, with a certification by the custodian that they comprehend all of Obama’s vital records held by Hawai’i’s Department of Health. As substantiation of the Court’s finding and part of the case file, Obama’s vital records, or copies duly certified to be true and complete, should be public property open to public scrutiny, not held under seal and in secrecy. This Court is not a Star Chamber.
3. The Court should conduct thorough discovery of Obama’s Indonesian citizenship and its effect on his American citizenship. Investigation of Obama’s American citizenship is long overdue. It will take a long time, and must be started soon to complete before the Democratic Party’s 2012 nominating convention and the 2012 general election.
4. The Court should appoint an officer in the nature of a special master, or assign the Obama ballot matter to a specific judge, in either event the judge or
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other officer to devote full time to verifying by original documents, and real evidence including genetic analysis, Obama’s eligibility at birth, and to confirm his naturalization as an Indonesian citizen and its effect, if any, on his American citizenship. Alternatively, the Court might require Obama’s consent to the release of all of his Hawai’ian vital records and such other evidence as the Court might require to confirm his American citizenship and his current status as a natural born American citizen as the term is used in Article II Section 1 of the United States Constitution.
5. It appears that Obama has spun an elaborate scheme to be elected to the Office of President by pretending to be the son of the alien black man who adopted him. In furtherance of the scheme, he used a contrived controversy over his constitutional status at birth to distract attention from the question of whether he lost his American citizenship by voluntarily becoming a naturalized citizen of Indonesia with the intent of relinquishing American citizenship. This has been done with the able assistance of many dishonest lawyers, another subject that should concern the Court and attract its attention. In this very proceeding, counsel for Obama in particular should have known that there was an additional undisclosed long form birth certificate in Hawai’i’s Department of Health proving that the alleged alien birth father to Obama was not in fact Obama’s birth father.
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Obama’s counsel has either been less than candid on the facts stipulated, or he has neglected to make due investigation of his client and the pertinent facts of the case. If the stipulated alien father is not in fact Obama’s father, it would seem that there is no case or controversy and the Court has no jurisdiction to decide the academic point of law. Should the controversy be more broadly defined, as whether Obama is eligible, the Court should be entitled to demand either directly or through the parties all evidence relevant and material to his citizenship. Counsel have served the Court and the law poorly by putting the case to the Court on incomplete and misleading facts that purport to create a case or controversy that is merely academic, or is a significantly incomplete and materially misleading statement of the facts of an actual case or controversy. The Court has jurisdiction to determine its jurisdiction. Confirmation that Obama retained his American citizenship (which is conceivable, though he might have long ago foresworn any allegiance that he might have had to the United States) requires extensive official investigation. If such investigation is not initiated very soon and prosecuted expeditiously, election officials and the Court will find themselves caught short. Bush, et al. v. Gore et al., 531 U.S. 98, 108 (2000): “The press of time does not diminish the constitutional concern. A desire for speed is not a general excuse for ignoring equal protection
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guarantees.” Part of the Obama strategy is to play for time until it is too late to investigate the real issue of his constitutional eligibility.
OBAMA A NATURAL BORN AMERICAN CITIZEN AT BIRTH
6. “Birthers”, those who believe Obama was constitutionally ineligible at birth, have often lost objectivity in analyzing the facts. (In all fairness, this is in part due to the paucity of known facts on the Obama matter.) Consequently, they have blundered into profound error and specious speculation, much of which has been counterproductive. Obama has played them as a toreador plays a bull – shaking a distraction off to the side, which the poor dumb beast charges. In this case, Plaintiff is tantalized by the prospect of a “quick fix”, a purported alien father to Obama. The problem is, the alien is not his father. He adopted him. This conjecture is hardly in a league with Poincare’s, which required many years, some geniuses, and computer science to solve. The Court can prove or disprove this conjecture by obtaining and analyzing Obama’s vital records and DNA. However, there are very strong clues pointing to Obama’s Hawai’ian adoption, starting with the 27 July 2009 statement by Dr. Chiyome Leinaala Fukino, then the Director of Hawai’i’s Department of Health and custodian of vital records, which follows in its entirety:
I, Dr. Chiyome Fukino, Director of the Hawai’i State Department of Health, have seen the original vital records maintained on file by the
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Hawai’i State Department of Health verifying Barack Hussein Obama
was born in Hawai’i and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago.
Indeed, this statement precludes any truly candid counsel from representing to a court that Obama’s father was Obama the alien black man. Such a representation is inconsistent with Dr. Fukino’s finding that Obama was “a natural-born American citizen.” Dr. Fukino refers to “vital records”. Obama was still alive, so there would not be a death certificate, but there must be a vital record in addition to his original birth certificate. How would such an additional vital record come to be? Read on.
7. When a child is born in Hawai’i, a contemporaneous record of birth is made, showing actual birth parents. This is retained to protect against violation of the rule against consanguinity. Dr. Fukino was referring to the original birth certificate when she stated that Obama was “a natural-born American citizen”.
8. When the child is adopted, as by hypothesis Obama was at birth, an amended birth certificate is created, showing adoptive parents. Obama’s amended birth certificate was the basis for the abstract entitled “CERTIFICATION OF LIVE BIRTH”, the proof of birth typically used in part to conceal the fact of an adoption. On 27 April 2011, Obama presented a photograph of his amended birth certificate, cropped or masked to delete the word “AMENDED”, probably typed above the printed title of the long form “CERTIFICATE OF LIVE BIRTH”.
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9. Dr. Fukino had to contend with the confidentiality of adoptions when making her statement of 27 July 2009. But she could not avoid giving away the fact of an adoption, by claiming the “original vital records” showed that Obama was “a natural-born American citizen”. Barack Hussein Obama the black Luo tribesman could not be Obama’s birth father if Obama was a natural born American citizen, because the Luo tribesman was an alien. Dr. Fukino was relying on the original birth certificate component of the “original vital records” to which she referred.
10. I assume that Dr. Fukino made her finding on the basis of an original birth certificate showing two U.S. citizen birth parents, but the Court’s subpoena of the “original vital records” referred to by Dr. Fukino is required for a definitive determination of Obama’s eligibility at birth. If the Court finds all the relevant facts, it need not decide whether to set a false precedent, confirming eligibility on a frivolous argument based on false facts that include an alien father who was not Obama’s, or denying eligibility on the false stipulation of the parties that Obama had an alien father. Either way, appeals would be taken, wasting the time of this and other courts, and Obama would eventually, if necessary, use his original birth certificate, submitted under seal and an order not to disclose, so that the electorate would not learn that he only pretended to be half Negro for fraudulent political
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purposes. The Court can foreclose this waste of time and delay by obtaining all of Obama’s vital records from Hawai’i’s Health Department Director. Adoption confidentiality must yield to the interests of the state in determining Obama’s eligibility and the true basis for it. It must not be used to perpetrate election fraud or fraud on the Court.
11. Other clues pop up, from time to time, indicating that Obama’s original birth certificate remains undisclosed. Early in 2011, a character named Tim Adams, who had sworn that there was no long form birth certificate for Obama, broadcast a suggestion that Obama release his long form birth certificate, “if he has one”, even if it did not “go along with” Obama’s official autobiography. Adams offered the lame excuse that Obama was “fibbing” in his autobiography, standard operating procedure with politicians according to Mr. Adams. It seemed the cat was out of the bag, or was feared to be, and Adams was doing damage control. But the “birth certificate” released on 27 April 2011 was entirely consistent with the fraudulent autobiography; hence there must be another vital record, the original birth certificate, still undisclosed.
12. Dr. Fukino, in an interview with Michael Isikoff, described the original birth certificate as half typed and half handwritten. The document released by Obama on 27 April 2011 was entirely typed. This is another significant clue that
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Obama’s original birth certificate, and the “birth certificate” released on 27 April 2011, are two different documents, and that Dr. Fukino based her conclusion that Obama was a natural born American citizen on the original, not the adoption certificate that Obama falsely claimed on 27 April 2011 to be his original birth certificate.
13. Obama conceals his original birth certificate identifying his actual birth parents because neither was Negro, not because it disproves his constitutional eligibility. The original would confirm his constitutional eligibility at birth, per Dr. Fukino. He fraudulently claims his adoptive parents as birth parents so that he can make racist appeals for votes while denigrating critics and opponents as racists.
14. Hence when Plaintiff says on page 1 of his Opposition to Defendant’s Motion to Dismiss, “The only fact relevant to this case is the fact that the Defendant’s father was not a U.S. citizen”, he could not be more mistaken. He speaks in ignorance or willful disregard of Obama’s original birth certificate, showing actual parents, which has not been disclosed. If the Court will subpoena or otherwise obtain Obama’s original birth certificate, the Court will find that Obama was a natural born American citizen at the time of his birth. (And it will find other significant information not directly pertaining to constitutional eligibility.) Obama’s original birth certificate is the key documentary evidence required to
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confirm Obama’s constitutional eligibility at birth. As the Court is charged with the duty of verifying Obama’s constitutional eligibility, it must have inherent power to discover and use the evidence necessary to that end, or to deny placement of the candidate on the ballot if the Court is denied access to the requisite evidence. When the Court has all of the relevant and material evidence pertaining to Obama’s constitutional eligibility at his birth, it becomes unnecessary to decide the academic point of whether a candidate with an alien parent is eligible or not. Again, the original birth certificate will prove that Obama was “a natural-born American citizen” at the time of his birth.
OBAMA’S POSSIBLE LOSS OF AMERICAN CITIZENSHIP
15. The Court should then move on to the real issue of Obama’s constitutional eligibility, his possible loss of American citizenship. The status of natural born American citizen can be acquired only at birth. But it can be lost thereafter, by loss of American citizenship altogether. The term “natural born U.S. citizen” subsumes the term “citizen”. Obama can not be a natural born U.S. citizen
if he is not a U.S. citizen at all, even if he was a natural born U.S. citizen on the day of his birth. If in fact Obama relinquished his American citizenship, he became constitutionally ineligible for all time, and never became President.
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16. The State Department has noted that naturalization as a foreign citizen is a potentially expatriating act, as is a conviction for treason:
POTENTIALLY EXPATRIATING ACTS
Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:
1. obtaining naturalization in a foreign state [my italics] (Sec. 349 (a) (1) INA);
2. taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);
3. entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-
commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);
4. accepting employment with a foreign government if (a) one
has the nationality of that foreign state or (b) an oath or declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);
5. formally renouncing U.S. citizenship before a U.S. diplomatic or consular officer outside the United States (Sec. 349 (a) (5) INA);
6. formally renouncing U.S. citizenship within the U.S. (but only under strict, narrow statutory conditions) (Sec. 349 (a) (6) INA);
7. conviction for an act of treason (Sec. 349 (a) (7) INA).
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ADMINISTRATIVE STANDARD OF EVIDENCE
As already noted, the actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship. The Department has a uniform administrative standard of evidence based on the premise that U.S.
citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to a declaration of allegiance to a foreign state, serve in the armed forces of a foreign state not engaged in hostilities with the United States, or accept non-policy level employment with a foreign government.
See http://travel.state.gov/law/citizenship/citizensh….
17. Obama’s volition and intent are factual issues that require extensive evidence-taking, legal and factual analysis, and argument. Obama seems to believe (perhaps wrongly) that the issue would be resolved in favor of his relinquishment of U.S. citizenship, for he has almost certainly made criminal and seditious bargains with, among others, the government of Indonesia to conceal evidence of his Indonesian citizenship.
CONCLUSION
18. Determination of Obama’s current citizenship or citizenships does not lend itself to the birthers’ dream of a quick fix at his birth. Exhaustive official investigation is essential to resolve the issue of his American citizenship. A congressional or legislative investigating committee, or a prosecutor, would have the luxury of finding the facts inconclusive. A court, it is suggested, has an
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obligation to decide one way or the other, on such evidence as can be found and inferences therefrom, or through sanctions for withholding evidence relevant and material to eligibility. Obama’s citizenship will require exhaustive investigation, much of it international. It would seem appropriate for the Court to appoint a special master, perhaps a retired judge, to take evidence on a full-time basis. I have over a decade of international legal experience worldwide, including Indonesia. I would be willing to help the special master for expenses only, and would plan to form a team that would tentatively include, if they be willing, Philip J. Berg, Esq., an attorney who has worked with Indonesian counsel on Indonesian citizenship, Tom Schweich, Missouri’s State Auditor, who has audited accounts in Afghanistan, Kris Kobach, Secretary of State for Kansas, an expert on the law of U.S. citizenship, and Wayne Madsen, who has reported on Stanley Ann Dunham’s activities in Indonesia.
19. For decades the United States Supreme Court held itself above the fray with regard to congressional reapportionment, refusing to enter that “political thicket”. Finally, it concluded that the political process could not cure itself, and took on the matter. Similarly, in this case, officials such as congressmen have refused to inquire into the facts, for fear of being branded racists, even though actual inquiry would reveal that the basis of Obama’s racist political appeal was a
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hoax. Hence once again the courts must find the facts and enforce the law, the political process having failed. And the adversary system is failing.
20. The adversary system, for all its virtues and general effectiveness in grinding slowly but finely to find the truth, has its limits. A foolish consistency is the hobgoblin of small minds. Here both sides have their reasons for proceeding on the basis of misleadingly incomplete facts, but their want of candor or caution puts the Court needlessly in the position of risking race war if it decides the academic point consistently with over two hundred years of understanding. Plaintiff thinks he can win at the starting gate on the true definition of natural born citizen as used in Article II Section 1 of the Constitution. Defendant thinks he can prevail on a false and frivolous definition of natural born American citizen and a “birth certificate” proffered by Obama on 27 April 2011, which is a forgery in the sense that it is not what it purports to be: Obama’s original birth certificate. If so, this would not be the first time the law has changed as a result of specious and frivolous argument aided by judicial ignorance of the facts and a risk of civil strife if the Court decides according to the correct view of the academic point presented. Defendant also presses this Court extra-judicially with the implicit threat of a race war if the Court does not allow onto the Georgia ballot a presidential candidate fraudulently pretending to be half Negro. Further, if Defendant does not prevail on
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the incomplete and misleading facts, then Defendant counts on his ability to disclose his hole card, his true original birth certificate showing two U.S. citizen parents, and to submit it under seal and safeguarded by a non-disclosure order, so that the electorate will remain ignorant of his true racial heritage and the real basis of his constitutional eligibility at birth. This after wasting the time of this Court and others in verifying Obama’s constitutional eligibility at birth, which could have been swiftly confirmed by the full disclosure of Obama’s vital records and DNA. Moreover, the real eligibility issue, the possible loss of Obama’s American citizenship by his naturalization as an Indonesian citizen, would have been totally ignored, and it would be too late to investigate it (see ¶¶ 5 & 15 above).
PRAYER
WHEREFORE, Albert W. L. Moore, Jr., representing no party in this case or any other before this honorable Court, and wishing only to be the Court’s trustworthy and faithful friend in obeying his solemn oath as a lawyer to uphold the Constitution of the United States of America, prays the Court read and heed his suggestions to cut to the heart of Obama’s constitutional eligibility by taking charge of discovery and uncovering the relevant and material facts required to effect a just and true resolution of open questions regarding Obama’s eligibility to the Office of President, and prays further that esteemed adversary counsel adopt
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these suggestions and co-operate, with all diligence, probity and candor, to assist the Court.
CERTIFICATE OF SERVICE
On this twenty-first day of January 2012, I sent emails of this application and suggestions to the following adversary counsel:
Orly Taitz, orly.taitz@gmail.com
Van R. Irion, van@libertylegalfoundation.com
J. Mark Hatfield, mhatfield@wayxcable.com
Michael Jablonski, michael.jablonski@comcast.net
and to another aspiring amicus curiae, Paul Andrew Mitchell, supremelawfirm@gmail.com.
____________________________________
Albert W. L. Moore, Jr.
Missouri Bar No. 18921
Central Professional Building, Suite 114
221 West Lexington, Suite 114
Independence, Missouri 64050-3719
816.461.0993
Telefacsimile: 816.461.3231
eingriff@gmail.com
Applicant for Amicus Curiae
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