15 Nov
Posted by MacRanger as News
Via the Independent View:
“A new challenge to Senator Barack Obama’s citizenship was filed November 12th in California demanding that the court stop certification of the election results until the state’s secretary of state can ascertain from Senator Obama his legal qualification to be a candidate for President. This 18 page petition is a quick read. It offers a good summary of what is at stake and the questions that surround Senator Obama’s citizenship.
A few points:
Petitioners Ambassador Dr. Alan Keyes, Dr. Wiley S. Drake, Sr., and Markham Robinson, establish their standing to file the petition as members of the American Independent Party, for which Drs. Keyes and Drake were presidential and vice-presidential candidates on California’s ballot, respectfully. (This is a technical point that doomed some other lawsuits.)
Petitioners note that Senator Obama has not provided proof of his citizenship eligibility despite repeated requests during the primary and general election campaigns.
Petitioners note that action in at least 10 states is underway challenging Senator Obama’s eligibility.
Petitioners note that the 2007 birth certificate offered by Senator Obama is of questionable credibility for several reasons, including that it is a copy of suspect authenticity and that it does not detail actual birth location.
Petitioners note that the only person claiming witness to Senator Obama’s birth is his own paternal grandmother who claims he was actually born in Kenya, then the British East African Protectorate of Zanzibar. Other records and recollections of family members suggest either Queens Hospital or Kapiolani Hospital in Hawaii. The disclosed Registry of Live Birth is a short-form of the birth certificate that does not state whether Obama was born in Hawaii or that his birth was subsequently registered there within the year following birth as then allowed by state law.
Petitioners note that around 1967, Senator Obama moved to Indonesia with his mother and new stepfather. Records indicate that once in Indonesia he adopted his stepfather’s name and citizenship. Since dual citizenship was not allowed by Indonesian law, and U.S. law and treaty obligations required respect of this, Mrs. Obama-Soetoro had to relinquish her minor son’s U.S. citizenship. Elsewhere, they note that if he later recovered it, and no records apparently substantiate this, it would by law be as a “naturalized” citizen, not a “natural born” and, thus, ineligible for the office of President under the Constitution.
Petitioners also note that in 1961 what is now known as Kenya was then the British Protectorate of Zanzibar which, if he was born there as his paternal grandmother claims, he would be a British citizen based on his father’s citizenship.
Petitioners also note that in 1981 Senator Obama traveled to Pakistan, which was then banned by the U.S. Since he could not legally travel with a U.S. passport, they question whether he used one of his other passports: Indonesian, Kenyan, or British.
As I noted here, it appears that Obama’s grandmother and just about everyone that knows about him in Kenya believes he was born there. His grandmother is adament about it.
“nate dhalani” “He was born here, he is a son of Kenya”
As noted previously the SC Justice David Souter has ordered Obama to respond to the Writ of Certiorari” by Dec. 1
h/t Gateway Pundit.
5 Responses
Ted
November 15th, 2008 at 10:34 pm
1Unavoidable scenario: If SCOTUS disqualifies Obama BEFORE 1/20/09 inauguration, McCain is POTUS per remaining electoral college electors; if SCOTUS disqualifies Obama after 1/20/09 inauguration, Hillary likely becomes POTUS per vote of Dem controlled House of Rep. Either way, is clear Obama will NOT be or remain POTUS.
JustADude
November 16th, 2008 at 1:48 am
2No the crazy part of all this is Biden is named in the lawsuit and would be an accessory and thrown out of office on an invalid ticket.
The electoral college would have done its thing already and your new President/VP would be
Nancy Pelosi and Robert Byrd.
retire05
November 16th, 2008 at 9:37 am
3Ted, hate to burst your bubble, but if Obama is disqualified, according to Article XX of the U.S. Constitution, the VP shall serve (if qualified to do so and Biden is) until such time as a new POTUS shall be elected or a new POTUS is chosen by Congress until such time that another has been qualified (elected).
At one point in our history, VP choices stood alone. And the VP slot was given to the runner up, no matter his political party.
Since this has never been tested in the courts (a elected President-elect being disqualified) it would be a long drawn out mess and would wind up in the SCOTUS during which time Obama would continue to serve as POTUS unless the court decided to hold George Bush over until such time a new POTUS would be selected.
Yes, this would be a Constitutional crisis as it has never been tested in the SCOTUS before and the wording of the 22nd is vague and generally deals with death of a president-elect, not yet sworn in and not someone who has been legally disqualified for not meeting the requirements set out in the Constitution.
I don’t know if Obama is “natural” born or not. But I have not seen a statement from one state where his “natural” born status has been proven to that state before he was placed on the ballot. As the office of POTUS is the only one that requires “natural” birth, you would think that at least one state would have certified that qualification. To my knowledge, none did.
Also, the controversy that surrounds his birth could have been quickly dismissed by the Obama campaign during the Burg law suit. Instead, the Obama campaign, and the DNC, filed to dismiss the case not on the fact that it was frivilous, but on the fact that Berg had no standing. A simple production of the original certified birth certificate would have put the controversy to rest. Also, to my knowledge, the only entities that claim to have had an “electronic” copy of the birth certificate has been the Obama campaign (on his Stop the Smears site), DailyKos and FactCheck.org. No national publication or media outlet has been provided a copy and the state of Hawaii has refused to allow anyone to access the original simply saying that Hawaii is in possession of the original.
The questions come up because in 1961, a Hawaii resident could obtain a “certificate of live birth” for a child born elsewhere. There are also some odd regulations for “certificates of live birth” due to the fact that Hawaii had just recently been made a state in 1961.
Most “birth certificates” contain parental information, race of parents, date of birth, weight, length (but not always), place of birth (hospital) and attending physician. It is then signed by the hosptial administrator. My own birth certificate (from much earlier) was issued by the hospital in Missouri where I was born and also included both foot prints, as does my spouses birth certificate from the hospital in San Antonio. My children’s original birth certificates (my son was born in 1960) also includes his foot prints, hospital, attending physician and was issued by the hospital and any copies I have ever requested have been electronic copies of the information contained on the front page which included more information than is shown on Obama’s electronic copy.
The Kenyan government stated that all records were sealed until after the election. We will see how that goes now.
But there is a reason that the Obama campaign, and the DNC, has fought to not have to provide an original, certified by the state of Hawaii. And it goes to the heart of the matter, how little we really know about Barack Obama.
Remember, the question of McCain’s “natural” birth was taken up not only in a court, but by the Congress wherefore McCain produced all his documents including original birth certificate and hospital records.
kooky
December 2nd, 2008 at 4:01 pm
4Sorry, Retire 05 ….. Biden is named in the suit as well, so he would not be our VP if he’s on a FRAUDULENT ticket. The DNC should be nailed to the wall too, being they didn’t do a proper job of making sure Obama was a suitable candidate. It’s fraud, no matter how you look at it, Obama, Biden, the DNC are criminals. Every person running for president, republicans and democrats AND independents…they are all victims. But the American people are the worst victims of all….
Breaking: Justice Thomas to Force Court to Look at Obama Citizenship Case by Macsmind
November 4th, 2009 at 9:44 pm
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