The Supreme Court held off Friday on deciding whether to grant a hearing in a long-shot lawsuit that would decide whether Barack Obama can constitutionally become president as a "natural born" U.S. citizen.
The Friday list of court orders that denies or grants hearings did not mention the lawsuit, which says Mr. Obama should be disqualified from the presidency because he purportedly acquired the same British citizenship that his father had when he was born.
A spokesman for the court said the decision on whether to hear the suit brought by retired New Jersey lawyer Leo Donofrio is likely to be announced next week.
That it even got to the Supreme Court is a surprise, given all the other suits, based on his not being born in Hawaii, being blocked on the grounds that the plaintiffs could not show "harm" that Obama's non-citizenship would cause.
This lawsuit concedes Obama born in Hawaii [not in the least proven, given all the material below] but as such lawsuits disputing this never made it past first base, this one has a small chance. What stuns me is that Obama ignored a direct SCOTUS order to produce the original, plus there was a 60 000 signature petition to them.
Long forms, also known as certified photocopies, book copies, and photostat copies, are exact photocopies of the original birth record that was prepared by the hospital or attending physician at the time of the child's birth.
The long form usually includes parents' information (address of residence, race, birth place, date of birth, etc.), additional information on the child's birthplace, and information on the doctors that assisted in the birth of the child. The long form also usually includes the signature of the doctor involved and at least one of the parents.
What Obama’s camp produced, electronically, was a “computer copy”, a short extract, minus all the details including:
1. hospital where born;
2. signatures of the long form.
Israelinsider, written by Reuven Koret. claims:
Janice Okubo, Director of Communications of the State of Hawaii Department of Health made clear that no birth certification, or certification of live birth is transmitted electronically, and that all certificates of live birth contain an embossed seal and registrar’s signature on the back of the document.
He [an quoted investigator] then compares the 1961 Certification of Live Birth, presented as authentic on the Obama website, to one certifying the Hawaiian birth of a Patricia Decosta. The similarities and differences are quite noticeable.
Both contain a green bamboo background, though one is noticeably darker. Both contain borders that are noticeably different. Obama’s is green, and Decosta’s is black.
Of note are the lack of an embossed seal and the registrar’s signature, on the copy being presented by Obama. Decosta’s seal, even faded with time is quite prominent, as is the registrar’s signature that bleeds through to the front of the document. The lack of these two items makes it clear that the copy presented by Obama may in fact be a fake.
Of more concern to SCOTUS is that, whereas ordinarily, the court would automatically accept a statement by the Hawaiian registrar that this was a true extract from the original, Justice Souter decided that sufficient cause existed for them to demand that Obama produce the original by December 1st.
The governor's communication with WND also left ambiguous whether the Obama birth certificate on file with the Department of Health was originally generated by a Hawaii doctor after giving birth to Obama in Hawaii, or generated in Kenya and subsequently registered by the Obama family in Hawaii.
Obama failed to meet the December 1st deadline and his camp threw its weight behind the extract as being tantamount to a “birth certificate”, something their justices do not accept. On a website Fight the Smears, the Obama camp re-states that what they are showing is his birth certificate.
No, it is not, not under U.S. law.
This therefore, depending on further SCOTUS action, means that there will be either executive/judiciary collusion or else an executive/judiciary stand-off. There is no middle ground.
Michelle Obama’s statement
By telephone to API:
“My husband was born in Hawaii and adopted by his stepfather. Does that make him unpatriotic? The important thing here is where my husband’s heart is at the moment. I can tell the American people that my husband loves this country and his adoption never changed his love for this country. He was born in Hawaii, yes, and that gives him all the right to be an American citizen, even though he was adopted by a foreigner.”
If this was so and his name was therefore Barry Soetoro, which gained him an Indonesian identity document, which each school child required in those days, then that supports his trip to Pakistan in 1980, when it was under military rule and closed to U.S. travellers. As an Indonesian, he could have travelled there though.
Now, if his name is Barry Soetoro, then his original birth certificate, according to U.S. law, must be “sealed” in the vault, along with the names of the original parent. This is one explanation as to why the vault copy has not been released but does not explain why he is Barack Obama and not Barry Soetoro.
That interview with the ambassador
On Nov. 6, only two days after the election, Detroit radio talk-show hosts Mike Clark, Trudi Daniels and Marc Fellhauer on WRIF’s “Mike In The Morning” called the Embassy of Kenya in Washington, D.C., to speak with Ambassador Ogego. The radio hosts were surprised when their light-hearted interview with Ogego reignited suspicions that Obama may have been born in Kenya.
Clark: “We want to congratulate you on Barack Obama, our new president, and you must be very proud.”
Ogego: “We are. We are. We are also proud of the U.S. for having made history as well.”
Fellhauer: “One more quick question, President-elect Obama’s birthplace over in Kenya, is that going to be a national spot to go visit, where he was born?”
Ogego: “It’s already an attraction. His paternal grandmother is still alive.”
Fellhauer: “His birthplace, they’ll put up a marker there?”
Ogego: “It would depend on the government. It’s already well known.”
At first, the importance of the statement seemed to elude two of the admittedly light-headed radio presenters but the third realized the import and put the question in a different way and then, in the next section of the programme, where they rang someone else in Kenya, the insinuation was slipped in again, again with no denial or correction.
Here is the whole interview by the radio station. Look for "Play Now"
When it became clear that a faux pas had been made, an assistant to the ambassador, referring to herself only as “Trudy,” confirmed that Ogego had indeed participated in the radio interview. But she said the show made leading statements and took the comments out of context. Ogego’s assistant insisted he was speaking about Barack Obama Sr., and not President-elect Obama, per se.
WND asked her, “Is Obama’s birthplace in Kenya?”
The woman replied firmly, “No.” She said she could not say why Ogego responded the way he did, and she promised to have the ambassador call and explain his own comments. The ambassador never returned requests for comment.
To date, the only witness to the original birth who has come forward is the paternal grandmother who said she was present at the Coast Provincial Hospital for the live birth and no one has debunked her story. In fact, there has been support for it, in the section Washington State Claim below.
On Oct. 31, 2008, Hawaii officials Fukino and Onaka said that they had seen Obama's original long form and that it was genuine. Right, so what was the hospital and who was the delivering doctor/nurse?
Obama and his half sister claim he was born in a Honolulu hospital but which one?
* The Queen’s Medical Center - Honolulu, Hawaii Obama claims as his birth hospital
* Kapi’ olani Medical Center Obama’s sister claims Barack Obama born here
Where neither mother nor son were ever patients include:
* Honolulu Shriners Hospital
* Straub Clinic & Hospital
* Hawaii Health Systems Corporation - Honolulu, Hawaii
* Cancer Institute of Maui - Wailuku, Hawaii
* Kuakini Hospital - Honolulu, Hawaii
* Rehabilitation Hospital of the Pacific - Honolulu, Hawaii
* St. Francis Healthcare System of Hawaii - Hawaii
* Straub Heatlh - Honolulu, Hawaii
* Tripler Medical Center - Honolulu, Hawaii
* Wahiawa General Hospital - Wahiawa, Hawaii
* Wilcox Memorial Hospital - Lihue, Kauai, Hawaii
His birth extract claims it was on the island of Oahu. Judge for yourself.
The Washington State claim
The case that was brought stated, amongst other things:
"Wayne Madsen, Journalist with Online Journal as a contributing writer and published an article on June 9, 2008, stating that a research team went to Mombassa, Kenya, and located a Certificate Registering the birth of Barack Obama, Jr. at a Kenya Maternity Hospital, to his father, a Kenyan citizen and his mother, a U.S. citizen.
"If in fact Obama was born in Kenya, the laws on the books in the United States at the time of his birth stated if a child is born abroad and one parent was a U.S. Citizen, which would have been his mother, Stanley Ann Dunham, Obama's mother would have had to live ten (10) years in the United States, five (5) of which were after the age of fourteen (14). At the time of Obama's birth, his mother was only eighteen (18) and therefore did not meet the residency requirements under the law to give her son (Obama) U.S. Citizenship much less the status of 'natural born.'"
The Indonesian Connection
Attorney Berg states:
When Obama later returned to Hawaii, within the United States, there should have been a government document affirming his citizenship, but that also cannot be found. If that was not processed properly, Berg said, Obama would be in a situation even worse than not being a natural-born citizen.
Clause 46 of the Berg petition stated:
Since Obama’s birth was legally acknowledged by Lolo Soetoro, an Indonesian citizen, and/or Obama was adopted by Lolo Soetoro, which the evidence supports, Obama became an Indonesian citizen and bears the status as an Indonesia natural child (natural-born).
For this reason, Obama would have been required to file applications with the U. S. State Department and follow the legal procedures to become a naturalized citizen in the United States, when he returned from Indonesia. If Obama and/or his family failed to follow these procedures, then Obama is an illegal alien.
Clauses 48 and 49 stated:
The Indonesian citizenship law was designed to prevent apatride (stateless) or bipatride (dual citizenship). Indonesian regulations recognize neither apatride nor bipatride citizenship. In addition, since Indonesia did not allow dual citizenship, neither did the United States, Hague Convention of 1930.
Obama returned to the U.S. at age 10 without his mother who did come back some time later to complete a university degree. This is where the story diverges:
1. If he had never been naturalized as Indonesian, then how could he join an Indonesian school of the time and travel where U.S. citizens couldn't? On the other hand, his U.S. citizenship would have been in order in that situation.
2. If he had been accepted by Indonesia as a citizen, Barry Soetoro, which his school ID card affirmed, then upon his return to the U.S., he would have to have become naturalized again. There is no suggestion he ever applied for that. Also, it's all well and fine him "preferring" to be called Barack Obama but what did the law have him listed as?
3. There is a third possibility, that there was an awful lot of "accommodation" given to young Barry/Barack in official circles in two separate countries. He seemed to travel without hindrance to flashpoint areas Pakistan and India at the time and all of that cost money. He was a child of a student, with estranged father[s]. Who was forking out for the bill?
This puts the non-production of his vault certificate in context. It's not that he won't produce it. He simply can't.
4. There is a fourth possibility put up by my friend - that Barack Obama and Barry Soetoro are not one and the same person. Therefore, one could well have been born in Hawaii and the other able to gain Indonesian citizenship. One assumed the identity of the other somewhere along the line.
The bottom line though is that someone in this matter did not follow procedure upon his return from Indonesia. Eitehr it was him or else it was the authorities.
One last problem in this matter:
December 24, 1952 to November 13, 1986
If, at the time of your birth, both your parents were U.S. citizens and at least one had a prior residence in the United States, you automatically acquired U.S. citizenship with no conditions for retaining it.
If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least ten years, at least five of which had to be after the age of 16. There are no conditions placed on retaining this type of citizenship.
Obama's mother was eighteen when she had him. Ipso facto, Obama was not a natural born citizen, on these grounds alone.
There are sufficient grounds for speculation to empower SCOTUS to investigate this and so they have:
Berg, who appealed his case of Americas highest court, was told by Justice David Souter’s Clerk that his petition for an injunction to stay the November 4th election was denied. The Clerk also required the defendants (Obama, the DNC, and FEC) to respond to the Writ of Certiorari by December 1. At that time, Obama must present an authentic birth certificate to the Court, which has been sealed by Hawaii governor Linda Lingle.
Obama has failed to do that and the second case, the Donofrio petition, has been deferred, as stated at the beginning of the article.
This falls into three types:
1. Those 60 000 petitioners and many bloggers, such as this one, who call for Obama simply to produce the long version or else explain why he cannot;
2. Pro-Obama people who say, “Well, the man’s been elected anyway and what’s it matter if he’s natural born American or not? Anyway, the constitution is out of date,” neatly avoiding the question of Obama's eligibility;
3. Those too bored to read this far and who couldn’t care less, even though a snow job is being done. They would say to me, “Just let it go. You’ll never win on this one.”
Am I the only one who finds reactions 2 and 3 astounding, given what has been presented above, which is no less than a reasonable assertion that there has been a miscarriage of justice? Shouldn't such a matter be thoroughly investigated by the FBI and other arms of government, in the same rigorous manner as a British CRB check?