Some cold water on overheated birther-mania

Having done a little more research into the legal process, I want to try to clear up any confusion about yesterday’s birther hearing before we move on. And yes, we will move on quickly.

Under state law, Deputy Chief Judge Michael Malihi’s job was to gather the evidence in the case through the hearing process and then issue a recommendation on whether Barack Obama’s name should remain on the Georgia ballot. His role in the process was to serve as a fact-finder rather than final arbiter.

According to the birther movement,  Malihi told their lawyers during pre-hearing conference that he would enter a “default judgment” against Obama for refusing to appear and for refusing to even send lawyers to participate in the hearing, and that he would in fact recommend Obama’s removal.

I think that’s highly dubious. I know you will be shocked to hear this, but Orly Taitz and others have a record of claiming important legal victories that turn out to be inglorious defeats. Among other things, it keeps the contributions flowing in. Nothing presented in the absurdist comedy of that courtroom yesterday would justify barring a sitting president of the United States from the Georgia ballot. It was a farce. The birthers’ only chance is a recommendation from Malihi based not on their “evidence,” but on the refusal of the Obama camp to put up a defense against it.

Until I sat in that courtroom yesterday, I wasn’t sure why the Obama legal team had chosen not to appear. But in hindsight, they were right. Showing up to refute the nonsense presented would have given the birther arguments a dignity they do not deserve. You cannot refute air and sheer fantasy. How many times can an opposing lawyer say, in so many words, “Your honor, this is just really and truly stupid”?

In either case, Malihi makes only a recommendation. The official decision on whether Obama will be listed on the ballot will be made by Secretary of State Brian Kemp, a Republican.

In a letter to Obama’s legal team, Kemp has written that if they refused to participate in the hearings, “you do so at your own peril” because they would not have a chance to put the facts of the case on record. But I think if anyone’s at peril here, it’s Kemp, and I suspect he knows it.

A word in his defense:

If you read state law, Kemp had little legal option but to go through the motions of the hearing process. The law states that if a candidate’s qualifications are challenged, “the Secretary of State SHALL notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and SHALL advise the candidate that he or she is requesting a hearing on the matter before an administrative law judge” (emphasis mine).

Obama’s lawyers claim that Kemp had legal escape hatches that would have allowed him to avoid the hearing. Maybe so, but the word “shall” carries a lot of weight in such matters.

At any rate, the final decision is Kemp’s. Regardless of what Malihi recommends, Kemp does not want to become the Republican secretary of state who ruled Barack Obama off the ballot in Georgia. Becoming a birther hero would not begin to compensate for the lasting infamy such a step would bring him, especially because such a ruling would be challenged in state or federal court and almost immediately overturned on any number of reasons. Kemp would then look like a fool and put an end to any further political ambitions he might have. I doubt that’s the course he will choose to take.

In the end, there is no chance whatsoever that Obama’s name will not be on the Georgia ballot come November.

Of course, ruling that Obama should remain on the ballot won’t make Kemp many friends among a certain small contingent of his own party, especially now that the hearing has excited their hopes of victory. But that’s the predicament in which state law and these foolish conspiracy mongers have placed him.

– Jay Bookman

836 comments Add your comment

slouash

January 27th, 2012
10:49 am

“do so at your own peril” sure sounds like a threat on the President….has anybody seen the Secret Service going into Kemp’s office????

Dena

January 27th, 2012
10:50 am

Just remember, folks, from Mitchell’s own site:

http://www.supremelaw.org/cc/obama/third.circuit/vcc.htm

“Accordingly, Relator hereby testifies that the two (2) documents previously incorporated in the instant case are true and correct, and both constitute material evidence establishing facts calling for the conclusion that Defendant Barack Hussein Obama was natural born in the Republic of Kenya, most probably on August 4, 1961 A.D., at Coast Provincial General Hospital in the city of Mombasa. From these uncontested facts Relator concludes that Defendant Barack Hussein Obama is not now and never was eligible to occupy the Office of President of the United States of America.”

Of course, we all know how ‘real and true’ these Kenyan birth certificates are…

… and then you would have to ignore the fact that the State of Hawaii has certified the long form that says Obama was born in Hawaii.

Mighty Righty

January 27th, 2012
10:50 am

In the end there is no chance Obama will carry this state in the general election so the court’s or secretary of state’s decision has no bearing on the Novemeber election. My only question is why is it so difficult for anyone to produce a birth certificate? I can do it. Can you? This whole question would have been avoided from the beginning if Obama had not been secretive about his birth. It’s not the “birthers” that caused the problem. All they ever did was ask for proof of citizenship. A legitimate question unless you have something to hide.

Dena

January 27th, 2012
10:52 am

Slouash, no, it’s a statement that the Judge will only take in the ‘information’ provided by the complainants – that if Obama’s folks don’t show up, they don’t get a chance to rebut the ‘information’.

Which wouldn’t matter, since the ‘information’ provided probably had the Judge trying hard not to laugh in their faces.

David Farrar

January 27th, 2012
10:54 am

Tommy Maddox,

I don’t know the answer to your questions, but nobody is going to appeal this administrative court decision anywhere, Obama’s nonappearance saw to that. Appellate judges take a very deem view of of defendants dissing their lower courts for any reason.

I suspect when Secretary Kemp upholds Judge Malihi’s decision, he will probably be sued by candidate Barack Obama in a normal trial setting, with the outcome being appealed all the way up to, hopefully, the SCOTUS.

ex animo
davidfarrar

Dena

January 27th, 2012
10:54 am

Righty, but Obama DID provide it. Certified Short Form, confirmed by the State of Hawaii. Then it became ’show us the long form’! And when the State of Hawaii did produce the long form: “It’s photoshopped! It’s a forgery!”

md

January 27th, 2012
11:01 am

Maybe some of you new folks can help with my question about the documents provided……snopes has good info on several of the questions, but in de-bunking the issues many sites have produced birth certificates of 2 twins born after Obama in the supposed same facility…….

The issues now in question……Obama’s official number is higher than both of them although he was born the day before and on both of their docs the state is listed as Honolulu, Oahu, while Obama’s is listed as Honolulu, Hawaii……I find that a bit odd coming from the same institution……..

Alcum

January 27th, 2012
11:01 am

Bookman is exactly correct. Birthers have absolutely zero evidence.

[...] this this blog, Judge Malihi said yesterday he would enter a DEFAULT JUDGEMENT against Obama! Enter Jay Bookman to ruin the fun, he’s such a killjoy. I know you will be shocked to hear this, but Orly Taitz and others [...]

Alcum

January 27th, 2012
11:06 am

David Farrar, you are Dead Case Walking. Georgia is legally incapable of keeping Obama off the ballot, as Hawaii has proven his eligibility.

Keep Up the Good Fight!

January 27th, 2012
11:07 am

Tommy, you may want to try Rule 616-1-2-.39 and OCGA 50-13-19

barking frog

January 27th, 2012
11:07 am

Tommy, Title 21 contains the elements of this process
but not in any order thereby allowing the SOS to pick
and choose but in my experience the SOS is go to guy
in elections unless you want to go to Superior Court.

David Farrar

January 27th, 2012
11:08 am

Dena,

I think you, and the general public, should be aware that presenting one’s certified birth certificate in a court of law, while sufficient to get a driver’s license and a SSN card, is insufficient to prove ones identity. In a court of law, a certified birth certificate only “Proves” that a birth occurred and was recorded. It is generally not taken by the courts as absolute proof of identity, especially when both of candidate Barack Obama’s, two certified birth certificates were certified incorrectly and are, therefore, defective, calling for the production by candidate Barack Obama of other proof that he has met his constitutional qualifications beside his two birth certificates.

ex animo
davidfarrar

y_p_w

January 27th, 2012
11:10 am

The whole E-Verify and the related systems (like USCIS Self-Check) have been known to come up with “false negatives”. I heard of one woman who was fired from her job after her employer thought her entry failed. They didn’t use it correctly (employers are only authorized to use the system for new employees and she’d been there a while) and apparently the mistake made was how they spelled her middle name.

It could also very well be that USCIS has specifically taken certain high-ranking government officials out of their database. They’ve already been verified and work exclusively for the US government, so why would a private employer need to run E-Verify in such a case?

Besides that – apparently Obama’s original SSN got pretty well known, including a case where some staffer at the WH placed copies of his tax return on the WH website, but forgot to scrub the SSN on one page. Oops. After something like that, I’d certain ask the SSA for a new number, which they will issue in cases of documented or possible identity theft.

By the way, “Doing so at your own peril” is only referring to the legal consequences of not participating in the legal process. However, if the birthers really think that Mahili was persuaded by that strange dog and pony show, then there’s a bridge in Brooklyn I’d like to sell.

Alcum

January 27th, 2012
11:10 am

Mighty Righty, Obama has most Assuredly NOT been “secretive” about his birth in the least. He is in fact the first and only presidential candidate in US history to be so public about his birth as to release TWICE an official state certified birth certificate. How can you say something that is so roundly false like that?

Matti

January 27th, 2012
11:11 am

“In the end there is no chance Obama will carry this state in the general election so the court’s or secretary of state’s decision has no bearing on the November election.”

I agree that it is unlikely Georgia’s electoral votes will belong to Obama when this is over, and in THAT way, this decision probably has no bearing. However, anyone who thinks the people of Georgia would simply sit back and take this kind of affront to our voting rights is going to get serious lesson in consequences.

barking frog

January 27th, 2012
11:11 am

Keep, thanks for that. Not being a lawyer my exposure to
‘ the legals’ has been limited and hopefully will continue that way.

They BOTH suck

January 27th, 2012
11:11 am

MightyRighty

Based on your posts, you appear to be a birther. Howwver you know that the movement is mostly dead, so you attempt to post about the birther issue in without the attacks that many of the birthers have used in the past.

For that your new name should be:

“Birther Lite”

preciousliberty

January 27th, 2012
11:14 am

It’s interesting that President Obama’s attorney Mr. Jablonski recognizes authority enough to go behind the court’s back to ask Secretary of State Kemp to halt the administrative proceedings. They know they’re in deep water – Secty Kemp already indicated in a response to Jablonski’s request that if they don’t show up they do so ‘at their own peril’, that is, Secty Kemp is not highly favoring Obama. Ultimate authority to include or not including a candidate on the Georgia ballot is with the Georgia Secretary of State, not the federal government. Judge Mahili also indicated that although it may be true that President Obama may not HAVE to show up to court, his attorney failed to ‘enlighten the court’ with the proper authority to do so. Looks like there’s a real case on their hands. And knowing how other states followed Gov. Scott Walker of Wisconsin, chances are the same will happen here. Documented here: http://goo.gl/TPJdd

Tommy Maddox

January 27th, 2012
11:14 am

O.C.G.A. § 21-2-5. It’s an appeal to the Superior Court.

Keep Up the Good Fight!

January 27th, 2012
11:19 am

Seems to me Mr. Farrar focuses on the “slight” to the ALJ while ignoring the “slight” to the President of this country. I am sure that the ALJ can get over his devastation that perhaps he is not the center of the world for the man running this country and that there are strategic and political reasons why the President chose not to participate in this matter.

Barking, many many times I wish that my exposure to the legals was limited. :D

David

January 27th, 2012
11:21 am

The Republican House should take any and all actions to impeach Obama, if for mo other reason than he has ignored judicial orders and rulings in various matters not just his eligibility.

David Farrar

January 27th, 2012
11:23 am

Mattii,

The only affront taken place here is candidate Barack Obama failing to show up in a duly authorized and emplowered Georgia court to specifically seperate fact from fiction as it relates to candidate Barack Obam’s birth record, and candidate ran away with his trail between his legs to Las Vegs.

ex animo
davidfarrar.

md

January 27th, 2012
11:23 am

“However, anyone who thinks the people of Georgia would simply sit back and take this kind of affront to our voting rights is going to get serious lesson in consequences.”

Glad to know some would hold Mr Obama accountable for not sending representation to the hearing…..

Kamchak

January 27th, 2012
11:26 am

David Farrar

January 27th, 2012
11:39 am

matti,

If Georgia electors are mad because they aren’t given a chance to vote for a person who has failed to prove he has met his constitutional and statutory qualifications to hold the office sought; they have only candidate Barack Obama to blame. He was given a fair opportunity to prove his credentials and he chose not to avail himself of the opportunity.

ex animo
davidfarrar

ex animo
davidfarrar

Matti

January 27th, 2012
11:39 am

David Farrar,

Once again, good luck with that, buddy. I MEAN IT. You’re not fooling me for a second, and if you’re “successful,” you’re gonna get a great big spotlight on YOUR pale round behind, along with all the **insert adjectives and pejorative noun** who tie their boats to this **insert adjectives** stunt. I welcome the spotlight where it belongs — not on the place of our President’s birth; that’s already been proven — but on people like you who support the ruination of the State of Georgia.

Dena

January 27th, 2012
11:39 am

Isn’t it funny? First it’s that the birth certificates were forgeries. Now it’s that they were certified incorrectly, despite being straight from Hawaii’s own record archives.

David Farrar

January 27th, 2012
11:43 am

preciousliberty ,

Right you are. Candidate Obama thought enough of this lowly administrative court to particiate long enough to ask this court for a dismissal. But when he didn’t get one, he ran away.How many of us, we, the People, can do that?

ex animo
davidfarrar

David Farrar

January 27th, 2012
11:51 am

Dena ,

What candidate Obama posted on his website are forgeries. As a notary in Georgia, I can tell you from the evidence I have seen of both of Obama’s birth certificates, they are defective. Which means, a court would have to look elsewhere for proof candidate Barack Obama was born where and when his prima facie birth certificates indicate.

ex animo
davidfarrar

ex animo
davidfarrar

y_p_w

January 27th, 2012
11:51 am

Orly Taitz subpoenaed multiple people who didn’t show up.

She subpoenaed the news director for the CBS affiliate in Atlanta – no show.

She subpoenaed a Department of Health and Human Services official in Georgia – no show.

She subpoenaed Sheriff Joe Arpaio of Maricopa County, Arizona – no show.

She subpoenaed Hawaii Director of Health Loretta Fuddy (as well as the original copy of Obama’s birth certificate and a microfilm roll) – no show.

What is the truth is that Judge Mahili has zero power to compel anyone to show up or bring documents to an administrative hearing. The truth is that there are clear precedents that a sitting President can’t be compelled to respond to a subpoena (and I’m sure Judge Malihi knows this). What Mahlili wrote in his denial of the motion to quash was that Obama’s attorney was being unduly snarky and failed to be specific in his citations of laws and precedent. I think they may have a history when they don’t particularly like each other. Obama’s attorney could have easily resubmitted a motion to quash but decided not to. After seeing the hearing, I’m starting to think he did the right thing by not showing up.

The administrative law judge isn’t there to decide for one side or the other, but to make a recommendation based on the facts before him. A lot of the stuff before him was irrelevant or so beyond the scope of what an administrative law judge is supposed to take in that I’m sure he’s going to ignore most of it. After seeing the hearing, I’d be surprised if he doesn’t uphold Obama’s eligibility.

Keep Up the Good Fight!

January 27th, 2012
11:53 am

Tommy is right on the code cite…. that is what i get for posting info from other OSAH/SOS matters without taking time to look up elections specifically.

Kamchak

January 27th, 2012
11:56 am

“I get knocked down
But I get up again
You’re never going to keep me down”
–Thomas Jefferson

Keep Up the Good Fight!

January 27th, 2012
11:58 am

As a notary in Georgia, I can tell you from the evidence I have seen of both of Obama’s birth certificates, they are defective.

As a notary? Really. That is the “expertise” you wan to claim now to determine that the bc is “defective”? And you wonder why people point and laugh at you? Please do educate all what expert training you have received “as a notary” to be able to determine that the birth certificate from the State of Hawaii is “defective”.

The continued effort by the birthers to make up titles or to claim expertise may be “bought” by the crazies, but don’t try that garbage with people that think.

Adam

January 27th, 2012
11:58 am

Why dont we run all of Jay’s blog poster’s through a time study and IP address look up and see if they are all unemployed, or screwing the companies that they work for by blogging incessantly daily on Bookman’s drivel instead of producing.

Because we are not China and we do not spy on our citizens, block their access to information and freedom of expression, and we don’t force everyone to work 100% of the time at all hours of the day and night just to meet some stupid free market drivelers goal of making everyone “produce” all the time. That’s why.

barking frog

January 27th, 2012
12:14 pm

Keep, I was a georgia notary for 20 years and I don’t think
I saw anyone’s birth certificate but my family’s during that
time.

Keep Up the Good Fight!

January 27th, 2012
12:22 pm

Frog, I have been a notary for many years. The qualifications include at least 18 years, reading and writing english, an operating telephone number, no prior adverse matters relating to a notary commission and effectively no criminal convictions (I have not looked up whether there are exception beyond minor traffic violations) and 2 “endorsements”. I suspect that many many McDonalds customers can meet the standard should they choose to do pay the fee.

Guy Incognito

January 27th, 2012
12:26 pm

Kam’

Dang you with that friggin Chamba Wamba song! Guess i’ll start, “Pi$$in the Night Away”

David Farrar

January 27th, 2012
12:34 pm

Keep Up the Good Fight!

I can assure you, when the time comes, as I have just demonstrated with this challenge; I will bring this evidence forward. All I want to say is that both certifications were done incorrectly and as a result must and will be set aside to concider other evidence.

ex animo
davidfarrar

Keep Up the Good Fight!

January 27th, 2012
12:46 pm

Ummm, davidfarrar, you seem to be ducking the question…running away as you like to put it. What qualifications as a Georgia Nortary, what training and expertise specifically as a notary do you to determine an issue with a Hawaiian legal matter. Your claim was “As a notary in Georgia, I can tell you from the evidence I have seen …”

You have not problem in saying the President ran away and that what other person would do “this” despite the evidence in your own matter that many other did.

You have claimed a status because you are a notary and cited that as “expertise” for making a determination. You can of course tell us all, without running away, what makes you an expert. Perhaps it is the “operating telephone number.” Perhaps in your training you missed the part of Georgia law that states that you as a notary are not empowered to give legal advice (unless you are an attorney) or an expert on legal matters. OCGA 45-17-8.2.

Birther Trash

January 27th, 2012
12:50 pm

When will the retards on the right stop, this story is so stupid no media outlets are reporting it.
When will you country hicks stop it, remember some of us georgians have to travel outside of Georgia and different parts of the land are laughing at us, instead of spending time on Obama birth certificate why dont you hicks ask Newt what has he done for Georgia? why are there so many poor whites living in these trailers down 75 s highway and why would you support him?

David Farrar

January 27th, 2012
1:00 pm

Birther Trash

I can assure you, once Judge Malih issues his default judgement and recommendation to keep candidate Barack Obama’s name off of the Georgia primary, and Secretary kemp upholds his recommendation, the news will report it.

ex animio
davidfarraer

Ms. Cris Ericson

January 27th, 2012
1:02 pm

STATES WITH THE NEW
NATIONAL POPULAR VOTE LAW
SHOULD BE MOST CONCERNED ABOUT
THE PRESIDENT OBAMA ELIGIBILITY CASE
JANUARY 26, 2012.

Vermont, is a state which is violating
the U.S. Constitutional rights of its voters by “giving away”
our Electoral College votes to whomever gets the highest
number of votes nationwide,
rather than the highest number
of votes in Vermont.

The new Vermont law is called
National Popular Vote.No. 10. An act relating to the Agreement Among the States to Elect the
President by National Popular Vote.
(S.31)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 17 V.S.A. chapter 58 is added to read:
CHAPTER 58. AGREEMENT AMONG THE STATES TO ELECT THE
PRESIDENT BY NATIONAL POPULAR VOTE
§ 2751. ARTICLE I–MEMBERSHIP
Any state of the United States and the District of Columbia may become a
member of this agreement by enacting this agreement.
§ 2752. ARTICLE II–RIGHT OF THE PEOPLE IN MEMBER STATES TO
VOTE FOR PRESIDENT AND VICE PRESIDENT
Each member state shall conduct a statewide popular election for President
and Vice President of the United States.
etc.

Doesn’t that give every Vermont voter
legal standing to be concerned about WHO gets on the ballot
for President in every other state for the primary and general
elections?

President Barack Hussein Obama presented his first birth certificate
to the American public on factcheck.org,
and on it, in the lower right hand corner,
in tiny print, are H.R.S. codes,
which are Hawaii Revised Statutes
that prove the certificate was altered and/or amended.

What was it altered and/or amended from?

Why are the ultra super rich 1% treated differently under the law, as compared
to how disrespectfully, and sometimes even hatefully, the lower 99% are treated?

PROPOSED CLASS ACTION LAWSUIT AGAINST PRESIDENT
BARACK HUSSEIN OBAMA FOR FRAUDULENT
CONCEALMENT OF FACTS
PROPOSED:
|
CLASS ACTION LAWSUIT
|
AGAINST
|
PRESIDENT BARACK HUSSEIN OBAMA
|
FOR
|
FRAUDULENT CONCEALMENT OF MATERIAL FACTS THAT HE ALLEGEDLY HAS A DUTY TO PROVIDE
VOTERS BECAUSE HIS “CERTIFICATION OF LIVE BIRTH” SHOWS THIS LEGAL NOTICE IN TINY
PRINT IN THE LOWER RIGHT HAND CORNER:
|
“[HRS 338-13(b), 338-19].
|
l DUTY is required by the legal notice on his
“Certification of Live Birth” which, in the lower right hand corner, in tiny
fine print, states: [HRS 338-13(b), 338-19].
||
Was it fraud in a fiduciary capacity against taxpayers and voters for each and
every member of the United States Congress on January 8, 2009 to vote without
first issuing a subpoena for Barack Hussein Obama’s original long form birth
certificate? Isn’t it true that Federal Rules of Evidence prohibit the members
of the United States Congress, both House and Senate, from relying on
non-admissible hearsay?
|
Was the Congressional certification of Electoral College Votes on January 8,
2009 an act of conspiracy to defraud voters and taxpayers
because former Vice President Dick Cheney asked for members of Congress to vote
without informed consent, and this resulted in an alleged possible conspiracy to
issue forth certified votes as fraudulent conveyances?
|
28 USCS Section 1491 Claims against the United States.
http://ucfc.uscourts.gov/
Federal Claims Court
http://uscode.house.gov/
Online law library
28 USCS
|
Chapter 91. United States Court of Federal Claims
|
Section 1491. Claims against United States generally
|
(a)(1) The United States Court of Federal Claims shall have jurisdiction to
render judgment upon any claim against the United States founded either upon the
Constitution [USCS, Constitution], or any Act of Congress or any regulation of
an executive department, or upon any express or implied contract with the United
States.
|
(2) To provide an entire remedy and to complete the relief afforded by the
judgment, the court may, as an incident of and collateral to any such judgment,
issue orders directing restoration to office or position, placement in
appropriate duty or retirement status, and correction of applicable records, and
such orders may be issued to any appropriate official of the United States. In
any case within its jurisdiction, the Court shall have the power to remand
appropriate matters to any administrative or executive body or official with
such direction as it may deem proper and just.
|
“Court of Federal Claims is Article I Court of limited jurisdiction created by
Congress as forum where private parties could sue government for non-tort money
claims, where claims would otherwise be barred by sovereign immunity.” Slovacek
v United States (1998) 40 Fed Cl 828, 98-1 USTC 50397, 81 AFTR 2d 98-1859.
|
“Congress created Court of Federal Claims to afford individuals forum to bring
specific claims against government; while placing jurisdictional limits upon
Court, Congress did not intend those jurisdictional limits to be manipulated to
prevent claimant from recovering compensation against government.” Davis v
United States (1996) 35 Fed Cl 392.
|
“Jurisdiction under 28 USCS Section 1491 applies only to contracts either
express or implied in fact, not implied in law, where (1) agreement implied in
fact is founded upon meeting of minds, which, although not embodied in express
contract, is inferred from conduct of parties showing their tacit understanding,
while (2) by contrast, agreement implied in law is fiction of law where promise
is imputed to perform legal duty.” Hercules Inc. v United States (1996, US) 134
L Ed 2d 47, 116 S Ct 981, 96 CDOS 1403, 96 Daily Journal DAR 2395, 40 CCF 76894,
9 FLW Fed S 442.
|

“HRS 338-19″, on President Obama’s Certification of Live Birth, in tiny fine
print in the lower right hand corner [HRS 338-13(b), 338-19] is a legal notice
of Hawaii Revised Statute 338-19 which means that this Certificate of Live Birth
is based on documents that were too old or otherwise in such condition that they
could not be used to certify. This statute is contradictory because if the
documents were too old or in too poor a condition to be used to certify, then
why did the State of Hawaii issue a “copy” that was based on possibly
non-legible material? It makes no common sense. The Statute is contradictory,
overly vague, overly broad and therefore unconstitutional.
|
HRS 338-13(b) is subject to the requirements of HRS 338-16, HRS 338-17 and HRS
338-18. These are for birth certificates that are issued one year or more after
birth, and for certificates that have been altered, and/or both. This set of
statutes also gives a party legal standing to request a judicial determination
of the validity of the birth certificate because it was issued one year or more
after birth and/or altered.
|
“Court of Federal Claims lacks jurisdiction to hear claims against States or
their Agencies except where States or their Agencies acted as agents of United
States.” Hassan v United States (1998) 41 Fed CL 149.
|
Clearly, the State of Hawaii and the Agency of the Department of Health of
Hawaii, have acted as agents of former Vice President Dick Cheney, Speaker of
the House of Representatives in the United States Congress, Nancy Pelosi, and
each and every member of the United States Congress, House and Senate, and
President Barack Hussein Obama.

|
28 USCS Section 2680. “Plaintiff’s federal tort claim against government is not
dismissed prior to discovery on grounds that discretionary function exception of
28 USCS Section 2680(a) applied, because factual issues and evidence to support
those issues are not presently known to plaintiff, and dismissal of action prior
to discovery would be premature and unduly harsh.” Fanoele v United States
(1995, DC Kan) 898 F Supp 822.
|
(1) The United States Congress failed to do their duty to obtain any long form
birth certificate of Barack Hussein Obama before certifying the Electoral
College Votes.
(2) Former Vice President Dick Cheney failed to do his duty to ask for
objections to the Electoral College vote.
(3) President Barack Hussein Obama has failed to do his duty to release the
information upon which statutes HRS 338-13(b) {which is subject to the
requirements of 338-16, 338-17, 338-18} and 338-19 were legally required to be
noticed on his “Certification of Live Birth”.
(4) The United States Court of Federal Claims now has legal jurisdiction to hear
complaints seeking President Barack Hussein Obama’s status as a natural born
citizen because all of the Judges and Justices in State and Federal Courts,
including the Supreme Court of the United States, dismissed and/or denied
complaints where previous plaintiffs have tried various motions to compel Barack
Hussein Obama’s original long form birth certificate and all other underlying
documents supporting the legal notice on his short form Certification of Live
Birth, including three legal notices on that form: (1) Date of Birth August 4,
1961, Date filed with Registrar August 8, 1961; (2) [HRS 338-13(b), 338-19]; (3)
(Rev. 11/01) LASER
|
The third legal notice on President Barack Hussein Obama’s Certification of Live
Birth states (Rev. 11/01) LASER.
|
Barack Hussein Obama received this “Certification of Live Birth” after he was
already 40 years old.
|
What took him so long?
|
Why did he receive this “Certification of Live Birth” which was issued when he
was 40 years old, or older, after September 11, 2001, the Terrorist Attack on
the United States of America? Where was he living during the Terrorist Attack on
the United States of America and why did he need to get a “Certification of Live
Birth” after the attack, and how much was it altered from the original long form
birth certificate?
|
WE, the PEOPLE, NEED TO KNOW!
|
President Barack Hussein Obama holds the Office of the President of the United
States of America, and his “Certification of Live Birth” should now be required
to be determined if it can, or can not, withstand federal scrutiny. 28 USCS Appx
Rule 803, n 119. United States Code Service, Lawyers Edition, Issued in May
1998, Rules of Evidence for United States Courts and Magistrates, page 216,
“District Court did not abuse its discretion in applying Federal Rules of
Evidence rather than Hawaii Health Department rules and in finding results of
intoxilizer test admissible under public records and reports exception to
hearsay rule of Rule 803(6)(8), United States v De Water (1988, CA9 Hawaii) 846
F2d 528, 25 Fed Rules Evid Serv 748.”
|
THIS PROPOSED
Class Action Lawsuit to subpoena the material facts, the original material
upon which the legal notice on the long form
birth certificate of Barack Hussein Obama was based,
in the United States Court of Federal
Claims,
needs
a Pro Bono attorney.

President Obama should be treated with Equal
Respect, the same as any other possible
illegal alien.

In other words, shall we give
every alleged illegal
alien Equal Treatment Under the Law, the
same as if they were sitting in the White House?

David Farrar

January 27th, 2012
1:02 pm

Keep Up the Good Fight!

It should be obvious to any Hawaiina notary.

ex animo
davidfarrar

Ms. Cris Ericson

January 27th, 2012
1:04 pm

OBAMA SOAP OPERA 2012

Quest to find the concealed details about President Barack Hussein

Obama’s birth,

as proven by the first birth certificate he released through factcheck.org

which shows,

in tiny print,

clearly in the right hand lower corner,

H.R.S. codes,

which are Hawaii Revised Statutes that prove the

original birth certificate was legally

(under Hawaii Laws)

amended and/or altered?

The “Birthers” are still trying to find

out what facts were amended and/or altered.

They won’t give up

because they love a mystery and they love human drama.

The first with the real facts will be panting on movie

producers’ doorsteps!

Obama Soap Opera and/or Movie Script

Episode One:

Mr. Stanley Dunham went to a Black (then known as “Negro”)

bar in an area with prostitution.

If Mr. Stanley Dunham got a Black (”Negro”) woman pregnant,

then it is possible

that he then asked his teenage daughter, Ms. Stanley Ann Dunham,

to pretend to be

the baby’s mother,

(rather than what she really was, his half sister)

to save his marriage.

The prostitute turned her baby over to

Mr. Stanley Dunham, who handed it over to his daughter.

Ms. Stanley Ann Dunham’s friend, Barack Obama Sr. from Kenya,

needed to extend his student visa

and would willingly marry her,

knowing that he was already married in Kenya

and she could

annul the marriage when it was convenient to her.

In 1961, Ms. Stanley Ann Dunham, and/or her parents,

might have felt that an “African”

identity for baby Obama,

would be better than “Negro”,

which was the term at the time.

After Obama’s birth, Barack Obama Sr.

went to Harvard and dated other women, before

returning to his first wife and family in Kenya.

Ms. Stanley Ann Dunham, during the course of her career, left young

Obama with her parents in Hawaii for years at a time,

an act that is more like a half sister than a mother.

Episode Two:

Frank Marshall Davis, a Black Communist, and poet, left

Chicago for Hawaii but he might have stopped over in

Seattle, Washington for a few weeks, and

he might be Obama’s real father.

The Dunham family,

Stanley and his wife Madelyn, and daughter, Stanley Ann, moved from

Seattle, Washington to Hawaii late in the summer of 1960

after she finished high school.

They might have been trying to

get her as far away as possible from her “Negro” boyfriend,

and if they knew she was already pregnant, then they might

have felt that a “mixed race” baby would be more acceptable

among Hawaiins with darker skin.

If Ms. Stanley Ann Dunham became pregnant in Seattle,

then Obama could have been born earlier than Aug. 4, 1961,

accounting for Ms. Stanley Ann’s ability to return to college

in Seattle in August, 1961.

The first birth certificate that

Obama released to the public has H.R.S. codes in the

right hand corner in tiny print that show it was altered and

or amended. The birthdate may have been altered and/or

amended so that it would not appear that she was already

pregnant before her fake marriage to Barack Obama, Sr.

Episode Three:

Either Mr. Stanley Dunham or Frank Marshall Davis are

the most likely men to be the real father of

President Barack Hussein Obama, but he was shuffled around

in childhood from Hawaii to Indonesia and back to Hawaii,

and he is now rootless and ruthless. The only place Obama

has ever really felt truly at home is in the White House.

President Obama is running for his second and final term in

office, and he knows that people will forgive him for waving his

false flags of amended and/or altered birth certificates showing

his father was from Kenya, which is not likely to be the truth,

if only he can bring tears to their eyes.

After all, many chidren in the United States of America are born

with family secrets disguising the truth of their real parentage.

President Obama gets together with his team 2012 advisors

and dreams up ways to take surveys to determine which

“father” figure is most likely to get him elected this time.

Kamchak

January 27th, 2012
1:11 pm

I can assure you, once Judge Malih issues his default judgement and recommendation to keep candidate Barack Obama’s name off of the Georgia primary, and Secretary kemp upholds his recommendation, the news will report it.

I can assure you, once this ruling doesn’t go your way, you will be standing all alone with a befuddled look on your face wondering why your 15 minutes of fame didn’t bring you the notoriety that you expected but it did bring unwanted notoriety that will follow you quite a while.

y_p_w

January 27th, 2012
1:15 pm

I would note that Obama’s certified birth certificate was a “one off” item. They don’t currently do it that was, and the Hawaii Director of Health approved the procudure for how it was produced. Back when they previously printed a “long form” that was routine, the issue date and certification stamp were on the back, as they currently do for the so-called “short form”. The embossed seal used on Obama’s “long form” also appears to be the “higher resolution” version from a hand-lever embosser rather than the stylized version that they typically use today. Having experience with a few documents wouldn’t mean diddly squat when there are perfectly legitimate variations. Heck – several states issue so-called “heirloom birth certificates” which are legal documents, but look all cutesy with some sort of background image and perhaps fancy type. Heck – Washington’s version is hand-signed by the Governor and State Registrar. I’m wondering who the heck would be able to authenticate that if she’s got inconsistent handwriting.

Obama 2012

January 27th, 2012
1:16 pm

Browsing through these birther posts is better than any reality show on television. Some people really need to get a life, smh.

Joe Hussein Mama

January 27th, 2012
1:18 pm

md — “and on both of their docs the state is listed as Honolulu, Oahu, while Obama’s is listed as Honolulu, Hawaii……I find that a bit odd coming from the same institution……..”

Oahu has no govermental or political significance in Hawaii. Honolulu is Honolulu, no matter where you choose to indicate its location. Saying (for example) Honolulu, Oahu, Hawaii only specifies that you’re talking about the Honolulu on the island of Oahu. There is no Oahu County — there’s Honolulu County instead.

It’s worth observing that some place names are repeated on different islands out there; for example, there’s a Kailua on both Oahu and on the Big Island of Hawaii. However, AFAIK, there is no Honolulu on the Big Island.

In short, saying Honolulu, Oahu is the same as saying Honolulu, Hawaii.

Dena

January 27th, 2012
1:19 pm

Kamchak – I have a feeling that when the ruling doesn’t go their way, they’re going to scream that ‘The Conspirators’ got a hold of the Judge and ‘convinced’ Malihi to ignore the facts.

Russell

January 27th, 2012
1:22 pm

President Obama has bought shame to the People house with no respect to the American people.

Kamchak

January 27th, 2012
1:30 pm

Dena

I’m sure little Davey is going to scream whatever it takes to keep himself in the spotlight, but as Aquagirl so eloquently pointed out earlier: Granted, this brings you your much-sought attention, but so does smoking crack in the middle of the highway.

Carol Wall

January 27th, 2012
1:32 pm

So, while it may be shocking, it isnt’ impossible we have all been duped in this country. How can you refute what BO himself admits, his father was not born here, nor did he become a US citizen before he fathered BO. And, if your Prince of Darkness has nothing to hide, why did he alter the Certificate of Live Birth? WHY? He should have to answer that, if nothing else. Despite what you or any other liberal thinks, he is not above the law (norl does he walk on water). He was never vetted. He has not released his background paperwork..ie..college, passports, SS apps, etc. Where there is smoke, there is usually fire, and smoke is bellowing from BO’s background.Malihi is doing what no other judge before him has done in this case, his job. I hope and pray he doesn’t meet with an fatal accident before he makes his determination. The left can not stand to see BO questioned. lol I hope this thing blows up in his face.

Matti

January 27th, 2012
1:35 pm

“The left can not stand to see BO questioned. lol”

Really? Ya think? Hmmm… To me this sounds more like:

“The right cannot bear the thought of losing another Presidential election based on the merits (or lack thereof) of the candidates they’re putting forward. lol”

Kamchak

January 27th, 2012
1:38 pm

So, while it may be shocking, it isnt’ impossible we have all been duped in this country.

Also, it isn’t impossible that unicorns crap skittles.

But I personally wouldn’t go around shouting that to the world.

Just sayin’.

CommonSense

January 27th, 2012
1:41 pm

Two links every birther should read to get an idea of how easily it will be for any competent attorney to tear apart Orly’s “experts” and “evidence.”

First, let’s examine the claim that the long-form birth certificate is a forgery based on her “expert’s” assessment that the PDF has layers and was therefore altered.

1. Whether a digital image of an original document has been altered has no bearing on whether the original is authentic. Use a digital camera to photograph your dog. Now open that photo in PhotoSho, give him sunglasses, and color his fur. This will create layers. Now look at your dog. Is he no longer a real dog?

2. When you scan a document, most scanners give you an option to create an image (JPG), a “flat” PDF, or a searchable PDF. If you create a searchable PDF, the scanner has software that creates layers separating the text from the background so that it is possible to search the text.

http://www.nationalreview.com/corner/265767/pdf-layers-obamas-birth-certificate-nathan-goulding

Onto the Social Security claims, which Orly is obsessed with; first, if you have an opportunity to actually read the “evidence” she has submitted in the past on this, I recommend doing so because anyone with a modicum of intelligence will realize at once what a stretch the “expert” is making–essentially she claims that anyone with the name Barack Obama or last name Obama with a first name starting with B or the last name Obama is actually a false identity the president assumed earlier in life and she attributes all those Social Security numbers to him.

Her argument ignores any possibility of human error and it does not align with the facts. Here is an example of how easy it is to debunk the claim that Obama used someone the SS# of a dead guy from Connecticut (who, by the way, didn’t even have the same SS# as Obama):

http://www.snopes.com/politics/obama/birthers/ssn.asp

The birthers, as Jay Bookman correctly indicates, have no case and they will never win. And the Supreme Court will never buy into the argument that one must have two citizen parents to be considered a natural-born citizen eligible to be president because the havoc a ruling like that would create is unfathomable, as suddenly many Americans born in America would find themselves having to go through a naturalization process or risk being deported–to where? The birth home of the alien parent? Why should the alien parent’s place of birth be a greater factor in determining the child’s nationality than the American parent’s place of birth? Further, who gets custody when an American parent divorces a non-citizen if the children are the same nationality as the alien parent?

The only people who make this argument are likely Americans who are so xenophobic that they cannot imagine ever marrying a non-citizen, so they don’t worry about the fact that not granting automatic citizenship to a child of an American parent would make the parental rights of the American parent secondary to those of the non-citizen parent. There are many many Americans who are married to non-citizens (legal residents, for example) who would not like the thought of automatically losing their children were they to get divorced.

Ron61

January 27th, 2012
1:46 pm

Your points are valid and I am not a “birther” as you call these folks, but I have these questions for you:
1) Aren’t you curious at all about the SSN being used by the President, why it was issued in a state in which he never lived and why it will not pass an e-verify test? Something seems very fishy there.
2) I would not be so quick to claim that the Obama team would challenge a negative ruling in Georgia. If he is hiding something about his past wouldn’t a challenge open up scrunity accross the country rather just in one state. I would argue that if he is hiding something and we don’t know that he is, he would be unwilling to take that risk. It could have the potential of derailing his entire Presidency.

Kamchak

January 27th, 2012
1:50 pm

Your points are valid and I am not a “birther” as you call these folks, but…

Adding the caveat, “but” makes you a birther.

CommonSense

January 27th, 2012
1:51 pm

To Carol Wall: Presidents don’t typically release their college grades, passport applications, etc., so why should President Obama? George Bush never released his grades. Nothing in the Constitution requires one to release grades nor does anything in the Constitution base presidential eligibility on academic performance. In fact, you don’t even have to go to college and have grades to become president. Nor do you have to have a passport, though it might be wise to get one if you do become president. The rest of your arguments are already debunked and, frankly, silly. But there may be a reason why you believe them:

http://blog.sfgate.com/hottopics/2012/01/27/low-iq-behind-some-conservative-beliefs/

“Children with low intelligence are more likely to grow up to be social conservatives and racists, researchers found in a study published out of the U.K.”

Arthur B.

January 27th, 2012
1:54 pm

@Ron61 —

Check the Social Security web site. They caution that the first three digits of one’s SSAN are not guaranteed to be indicative of the holder’s state of residence.

Second, E-verify is known to be an unreliable tool that frequently gives false results. Furthermore, the President’s SSAN has been publicized so much (often illegally) that it is likely that he has been issued a new one, which would lead to a no-match under E-verify.

Most important: If “[s]omething seems very fishy” to you, do some investigating and come up with real evidence. If, after three years, the best you can come up with is speculation, you’re giving the clear impression that you’ve found no real evidence in all that time. And that’s just the impression that Orly gave at yesterday’s hearing.

CommonSense

January 27th, 2012
1:55 pm

Ron61:

1. http://www.snopes.com/politics/obama/birthers/ssn.asp

“The claim that Social Security numbers beginning with 042 are ‘reserved for Connecticut residents’ is false…the area number portion of an SSN does not (and never did) necessarily correspond to the state in which an applicant was born or resides.”

2. Get over it. He’s not hiding anything.

I suggest you not believe everything birthers like Orly Taitz claim. She could not even get into a real law school, and if you read one of her “pleadings,” you would realize she is not the sharpest tool in the shed. If you truly are not a birther, then perhaps you should do some independent research and analysis rather than gullibly accepting what the narrative someone is feeding you simply because it satisfies your suspicions of those who are different from you.

jnagain

January 27th, 2012
2:15 pm

Technically, since Andrew Jackson’s parents both immigrated from Ireland a Georgia judge has no authority here. The Creeks and the Cherokee courts have true jurisdiction.

gm

January 27th, 2012
2:15 pm

Thank you President Obama for continue to fight terrorist and your rescue of Americans all over the world:
You are still keeping this country safe, even though Georgia has more bigots are comming out the trailers and wood work, but you still making their lives more safer and no planes are attacking our buildings, your morales and family values is why God is shining on you sir, thank you

Arthur B.

January 27th, 2012
2:24 pm

@David Farrar — “It should be obvious to any Hawaiina [sic] notary.”
__

Yes, I would think so too. So what’s going wrong? Has every single Hawaiian notary been co-opted, threatened, or brainwashed? There’s not a single one who’s willing to spill the beans?

In fact, not just Hawaiian notaries — anyone in Hawaiian law enforcement who’s been trained to spot forged documents, anyone who ever worked at the Hawaiian Department of Health and knows the characteristics of authentic birth certificates…

And both a Republican governor and a Democratic one … I’ve never seen such an obvious fraud concealed so well.

How do you explain it?

Ron61

January 27th, 2012
2:41 pm

@CommonSense 1:51
Thanks for the info on the SSN #s.

I did not say Mr. Obama was hiding anything, I believe in my comment I said “…and we don’t know that he is….”.

Quite frankly this whole birther thing seems crazy to me. I am fascinated though has to why the President didn’t release his birth certificate when he began his 2008 campaign. What is the harm in he or ANY candidate releasing that document. The background and lives of our public figures are so well known today through books, TV, news, talk shows, internet, etc. I find it hard to belive that any candidate would have an issue releasing a document stating facts which were already publicly known.

sus

January 27th, 2012
2:43 pm

You realize that David Farrar in the comments is one of the plaintiffs in this case, don’t you? Orly Taitz is his attorney.

ex animo
sus (the Anti-Birther)
LOL

Arthur B.

January 27th, 2012
2:50 pm

@Ron61 — “I am fascinated though has to why the President didn’t release his birth certificate when he began his 2008 campaign.”
__

But of course that is precisely what he did. The COLB (”short-form”) is a Hawaiian birth certificate, the only type that Hawaii has issued for over a decade. The birthers responded with all kinds of lies, like “it’s got the wrong security paper background,” or “you couldn’t use that to get your kid into Little League,” but none of that was true. He did in fact release his standard Hawaiian birth certificate.

Last year, he decided to go a step further and request that Hawaii make an exception and recreate the kind of “long form” that used to be issued, because so many birthers claimed that that was all they needed to be convinced.

Needless to say, that didn’t satisfy them either.

So, what would it take to satisfy you?

Dena

January 27th, 2012
2:51 pm

Ron – he did. Back in June 2008. http://www.snopes.com/politics/obama/birthcertificate.asp

Only in a birther’s mind was that insufficient to settle the matter.

CommonSense

January 27th, 2012
2:52 pm

Ron61:

He DID release it. He released what the state of Hawaii gave him when he applied for a duplicate copy of an original birth certificate that had gone missing. As someone who has moved a lot in my life time and who loses things, I have had to get duplicate copies of birth certificates for my children and myself, and the states where we were born gave me something almost identical to what Obama has, which is an abbreviated certified birth certificate with just enough information to make it legally useful. It was the birthers who started screaming that this wasn’t good enough, despite the fact that the “certificate of live birth” he received–which is what anyone in Hawaii gets when asking for a duplicate of their birth certificate–is good enough anywhere in the US to get a driver’s license, a marriage license, or a US passport.

In fact, it was the state of Hawaii who said they could not release the long form, even to the president, because it was against the law. The law in Hawaii specified what information goes on a duplicate birth certificate and what kind of birth certificate people get when requesting a replacement. The newly elected governor of Hawaii made an exception and agreed to give the president a copy of the original, long-form birth certificate to put the matter to rest once and for all. But it wasn’t enough for birthers, because nothing will ever be good enough for them.

You have to ask yourself why Orly Taitz would file a photocopy of a JPG of a “Kenyan” birth certificate for Obama that someone posted on the Web as evidence he was born in Kenya–later admitted by the creator to be a joke he pulled on the birthers–yet would dismiss a certified birth certificate with a seal that the Hawaii secretary of state has sworn in an affidavit is legitimate as fake.

When comparing those two, a rational person would give far more weight to the Hawaiian copy, accompanied as it was by the sworn statement, over some random image some unknown person posted on the Internet.

Joe Hussein Mama

January 27th, 2012
2:54 pm

sus — “You realize that David Farrar in the comments is one of the plaintiffs in this case, don’t you?”

He’s also a well-known prattler on many different politically-oriented websites. Given the volume of dribblings he produces each day, it’s probable that blog-posting is the only occupation he has.

Matti

January 27th, 2012
2:59 pm

Heh….. it says that Mr. F is a female. It would appear they don’t have any salons up in that corner of the state, bless her heart!

http://teapartyconstitutionalists.ning.com/profile/DavidFarrar

David Farrar

January 27th, 2012
3:13 pm

CommonSense stated:

“Two links every birther should read to get an idea of how easily it will be for any competent attorney to tear apart Orly’s “experts” and “evidence.”

So if it was all that easy, why then did Obama run away from a fair fight, with his attorny in tow?

ex animo
davidfarrar

Kamchak

January 27th, 2012
3:17 pm

…why then did Obama run away from a fair fight, with his attorny in tow?

In order for someone to run away, they have to show up first.

David Farrar

January 27th, 2012
3:19 pm

Arthur B.

I will explain it all to Secretary of State Brina P. Kemp when he needs support for the right decision he is about to make: to follow ALC Judge Malihi’s recommentation and keep candidate Barack Obama’s name off of Georgia’s PPP ballot.

ex animo
davidfarrar

Joe Hussein Mama

January 27th, 2012
3:20 pm

D. Farrar — “I will explain it all to Secretary of State Brina P. Kemp when he needs support for the right decision he is about to make”

Hearing’s over. You’re done.

CommonSense

January 27th, 2012
3:33 pm

David Farrar:

He did not run away. He decided not to participate in what promised to be (and was) a circus, with specious arguments and “evidence” that would never stand up to scrutiny or be accepted by a real court whose decisions are binding and establish precedent. The Administrative Law Judge did not even have the authority to compel President Obama and his attorney to appear. He did not quash the subpoena, but it was not binding. You may recall, George Bush refused to heed several Congressional subpoenas during his presidency without repercussion.

The worst the Administrative Law Judge can do is tell the Secretary of State that he does not think Obama should be on the ballot. The SoS does not even have to heed the judge, and the decision can be appealed on many grounds. The law requires the judge to consider all the evidence presented. Based on the shoddiness of that “evidence” (which was allowed to be presented despite being shoddy because it’s not a real court of law under the judicial branch, which has stricter requirements for what constitutes evidence), if Malihi is honest, there is no way he will find in favor of the plaintiffs. What was presented was speculation or irrelevant. Further, whatever Malihi decides sets no precedent for any other court, so if this were appealed, a new court would weigh the evidence presented.

So why should the president’s attorney bother to show up? Would you show up to fight if challenged by a flea? The judge should have thrown the case out from the start, but he allowed his court to be used for whatever reason–attention? Personal political beliefs? Ignorance of what an idiot Orly Taitz is and how clueless she is about the law? All showing up would have done is to let the birthers think they had accomplished something and were relevant, which they are not.

As to the Constitutional issue discussed, Malihi is not even empowered by the state of Georgia to decide constitutional questions, so who cares what he has to say on that, other than the Secretary of State and the birthers?

David Farrar

January 27th, 2012
3:33 pm

Kamchak ,

You see; that’s just my point: He did show up first. He showed up long enough to enter Defendant Obama’s PTO into the record and make a motion tor a dismisal in the case ….and when things didn’t go his way, and it came time to MAN UP and present your stuff, even your almighty birth certificates…what did he do: he chose to ran away to Las Vegas with his tail struck firmly between his legs, muttering something about who needs Georgia anyway.

ex animo
davidfarrar’

Joe Hussein Mama

January 27th, 2012
3:41 pm

D. Farrar — “and it came time to MAN UP and present your stuff, even your almighty birth certificates…”

Nope. No need.

The State of Hawaii has already validated and verified it. Under the Full Faith and Credit Clause of the US Constitution, all other states are obliged to accept it as well.

Unless and until you have hard-and-fast *evidence* of some sort of wrongdoing or coverup, your effort will fail. There is no legal obligation to give you any sort of documentation. There is no legal obligation to answer your charges. There is no requirement to defend the validity of the birth certificate. It has been validated by Hawaii state authorities and is therefore valid in all states.

Your suspicions and concerns are beside the point, and you have to right to demand that anyone respond to your challenges. And Orly Taitz, though she may be sympathetic to your case, was a pretty bad choice. Last time I checked, she’d had a lien placed against her assets to fulfill the assessment the GA courts levied against her a while back.

Next time, try retaining a *competent* attorney, not just one who happens to agree with your crackheaded fantasies.

Kamchak

January 27th, 2012
3:42 pm

He showed up long enough to enter Defendant Obama’s PTO into the record and make a motion tor[sic] a dismisal in the case…

Obama showed up?

Because according to your original assertion…

David Farrar

January 27th, 2012
3:13 pm

CommonSense stated:

“Two links every birther should read to get an idea of how easily it will be for any competent attorney to tear apart Orly’s “experts” and “evidence.”

So if it was all that easy, why then did Obama run away from a fair fight, with his attorny[sic] in tow?

ex animo
davidfarrar

..”Obama [ran] away from a fair fight”.

This is what we call moving the goalpost, sport.

CommonSense

January 27th, 2012
3:42 pm

David Farrar–

He has no need to present anything or prove anything. I’ve heard that his attorney had a certified copy of the COLB sent to the Secretary of State, which the law in Georgia and every other state and the nation recognize as evidence of his having been born in Hawaii and thus a citizen. The burden of proof is on the plaintiff to prove that there’s some reason the COLB should not be considered valid, and nothing presented in that court room yesterday weighed more on an evidentiary basis than the COLB. In fact, it was all crap and easily discredited or at the very least called into question as to its value. It has nothing to do with being a coward. You and Taitz can claim that because you are more important in your own minds than you are in his. No matter what you file or what you said in that courtroom yesterday, he will be on the Georgia ballot. If, for some reason the SoS plays political games and decides not to include him on the primary ballot, he will still get the democratic nomination and he will still be on the national ballot because the Supreme Court–which is the court that–if you guys kept appealing–would ultimately decide on a ruling by the SoS to keep the president off the ballot has already turned Orly Taitz down THREE times when she has tried to get them to let her make the argument that he’s not qualified. No real court is ever going to look at the pile of crap she calls evidence and rule against the president on this issue. Birthers are the gum stuck to the bottom of his shoe. Once in awhile you remember it’s there and it’s annoying, and you hope someday you’ll be able to scrape it all off and you just hope it doesn’t stick to anything else. But it doesn’t stop you from going about your every day life, and it’s pretty easy to ignore.

Darren Potter

January 27th, 2012
3:48 pm

Amazing, the supposed Americans commenting here that are Anti the U.S. Constitution and could careless about our laws and judicial procedures. Obama is above the Law, Obama’s supporters are above the Law, gotta it…

Bet those same supposed Americans would be calling for Obama to be hung by the neck or burned alive if Obama was a Republican who was refusing to provide proof of being a Natural Born Citizen and also dared, dared ignore the same subpoena to appear in court.

Oh please, you supposed Americans don’t try to deny it. You called for President Bush to die. Even going so far as to hang and burn effigies of him; despite any proof to justify your calls.

What’s that? It was okay to hang or burn effigies because President Bush was white whereas Obama is supposedly black**. Those who play that card are a bunch of 2-faced Bigots, worse than those who founded the Democrat party (http://www.allvoices.com/contributed-news/3556500-drenched-in-blood-of-slaveryyou-guessed-itthe-democratic-party-is-where-it-all-started).

** (Obama is actually 1/2 White and nearly 1/2 Arab by his parents lineage)

David Farrar

January 27th, 2012
3:53 pm

CommonSense,

Apart from the most sophomoric dissertation on American jurisprudence I have ever heard, allow me to point out Sec. Kemp’s letter in response to candidate Obama’s failing to participate letter…do so “at your own peril.” I don’t know if you are a Georgian; sir, but when a Georgian bureaucrat says that, you had better take serious notice.

ex animo
davidfarrar

Kamchak

January 27th, 2012
3:54 pm

Bet those same supposed Americans would be calling for Obama to be hung by the neck or burned alive…

I’ll take that bet. Talk’s cheap; whisky costs money.

Oh please, you supposed Americans don’t try to deny it.

I do deny it.

You called for President Bush to die.

I did no such thing.

Even going so far as to hang and burn effigies of him; despite any proof to justify your calls.

And where is your proof that I ever engaged in any such activity?

Joe Hussein Mama

January 27th, 2012
3:56 pm

D. Potter — “Amazing, the supposed Americans commenting here”

You can take a flying leap, Potter. I’m an honorably discharged disabled Army veteran.

“that are Anti the U.S. Constitution and could careless about our laws and judicial procedures. Obama is above the Law, Obama’s supporters are above the Law, gotta it…”

Obama complied with the law. Sorry you don’t recognize that.

“Bet those same supposed Americans would be calling for Obama to be hung by the neck or burned alive if Obama was a Republican who was refusing to provide proof of being a Natural Born Citizen and also dared, dared ignore the same subpoena to appear in court.”

There was no subpoena. ALJ’s can’t issue subpoenas. Sorry you didn’t know that.

“Oh please, you supposed Americans don’t try to deny it. You called for President Bush to die. Even going so far as to hang and burn effigies of him; despite any proof to justify your calls.”

I’ve never done any such thing and I will deny it. You can take a hike, whiner.

“What’s that? It was okay to hang or burn effigies because President Bush was white whereas Obama is supposedly black**.”

Didn’t say it and didn’t think it.

“Those who play that card are a bunch of 2-faced Bigots,”

Well, that’d be you, since you’re the one who just played it. (laughing) :D

“worse than those who founded the Democrat party (http://www.allvoices.com/contributed-news/3556500-drenched-in-blood-of-slaveryyou-guessed-itthe-democratic-party-is-where-it-all-started).

Cry, Debbie, cry. (laughing) :D

CommonSense

January 27th, 2012
3:57 pm

And Darren Potter doubles down on the crazy. Actually, we do care about the laws and judicial procedures, which is why we are not pretending like the birthers that Obama did anything illegal by not attending yesterday’s hearing in an ADMINISTRATIVE, not JUDICIAL office. It was within his legal right to ignore the subpoena, which is why the judge shut down any attempts to ask that he hold Obama in “contempt.”

Second, Obama did provide proof of being a natural born citizen, as much as any president before him has provided. He provided a certified copy of his birth certificate provided by the state of Hawaii that the LAW you claim to hold so dear recognizes as proof that he was born in Hawaii and of his eligibility to be president of the United States.

There are always going to be extremists on either side of the political divide who do and say horrible things, like call for a president’s death or say ugly things. But there are certainly far more on the right since Obama has been elected than I recall at any other time in history.

If you birthers have so much respect for the law, where were all your lawsuits when George Bush took it upon himself to violate it as often as he did?

David Farrar

January 27th, 2012
4:04 pm

CommonSense

But that’s just it, this was the place to bring your “Original birth certificates, or whatever documents you are traveling under, and present them. Candidate Barack Obama has not actually presented his documents in a court of law that I know of, to date. This was the setting to do just that and he ran away.

ex animo
davidfarrar

Dan Farrar

January 27th, 2012
4:06 pm

All these attacks against Orly’s expert witness and evidence may be perfectly correct, we will never know, since there was no rebuttal in court, under oath, at the time. All the evidence presented therefore went straight into the record unchallenged.

Kamchak

January 27th, 2012
4:08 pm

This was the setting to do just that and he ran away.

Again — In order to run away, he has to first show up.

y_p_w

January 27th, 2012
4:08 pm

I’ll just say that there is no requirement for residence to receive a SSN card. An new SS card number is issued according to the mailing address given.

The current standard SS-5 application and instructions for a new or replacement SSN card only request that one submits a mailing address that they can receive their card in the next 7 to 14 days. That’s it. Just a mailing address. Could be a friend’s apartment. Could be a college dorm. Could be an attorney’s office. Or it could even be a zip code typo that gets corrected by the USPS, which is what I believe happened with Obama’s application.

Joe Hussein Mama

January 27th, 2012
4:09 pm

D. Farrar — “But that’s just it, this was the place to bring your “Original birth certificates, or whatever documents you are traveling under, and present them.”

Wrong. The State of Hawaii has already verified and validated them The legal presumption at this point is that they are, in fact, valid. The purpose of the hearing was for YOUR SIDE to present your rebutting evidence, which you failed to do.

“Candidate Barack Obama has not actually presented his documents in a court of law that I know of, to date.”

That’s not a requirement. That what *you* want to have happen, but it’s not a requirement and you have no right to force him to do that. Again, the State of Hawaii has validated and verified the BC, and that’s the end of that. If you have solid, verifiable information to the contrary, as opposed to hyperbole, suspicion and supposition, this week was the time to present it. But you didn’t.

“This was the setting to do just that and he ran away.”

Nope. This was the setting for *your* side to present its evidence. But you haven’t done so.

There’s nothing for the Obama side to prove. Legally, since the State of Hawaii has validated and verified the BC, it is a legally valid document. If you want to prove that it isn’t, then PROVE IT. Present your evidence. But no one owes you answers to your foolish questions or replies to your unsubstantiated charges.

David Farrar

January 27th, 2012
4:09 pm

Dan,

have you properly introduced yourself to these fine men and women?

ex animo
davidfarrar

y_p_w

January 27th, 2012
4:13 pm

Sure the evidence went unchallenged. However, This is a fact finding hearing. The judge isn’t required to assume that everything is absolutely true just because there’s nobody there to contest it. The judge doesn’t assume that everything is true even if there is somebody to contest it.

You guys don’t think that this judge is intelligent enough to see through a warm, stinking pile of dog poo? I’m pretty sure he started to realize how his hearing room turned into a circus the moment that Orly Taitz started looking at the assembled spectators rather than addressing the judge. Or when she started toward the witness box before she called herself as a witness to testify.

Joe Hussein Mama

January 27th, 2012
4:23 pm

Dan Farrar — “since there was no rebuttal in court, under oath, at the time. All the evidence presented therefore went straight into the record unchallenged.”

Given Orly Taitz’ track record (if you can call it that) in the courtroom, I don’t think there’s anything to worry about. With her propensity to squawk to high heaven every time she thinks she’s discovered a nugget of evidence, we’d have heard about it by now if she had some sort of coherent argument, let alone a persuasive piece of evidence.

CommonSense

January 27th, 2012
4:25 pm

David Farrar:

He had no need to; his lawyer supposedly sent his BC to the Secretary of State, which is more than most candidates do and more than required. The political parties are vested with the power to determine who represents them and are responsible for ensuring they submit qualified candidates to the SoS. In fact, a Superior Court in Georgia ruled in Terry v. Handel that the SoS had no authority to refuse to include someone submitted by the political parties, and the Georgia Supreme Court refused to hear an appeal. If the SoS should keep Obama off the ballot, which I doubt, you can expect it will be appealed to a real court, which is another reason why he had no need to take part in this NULL proceeding (a proceeding whose outcome is irrelevant).

Following an election, the Constitution requires Congress to challenge the eligibility of the president if they are in doubt, which is why all the other courts always rule that the plaintiffs have no standing. In the president’s case, the 2008 Congress accepted that the president–who did provide a certified copy of his birth certificate that serves as legal proof of citizenship–was eligible and did not challenge him. And they won’t this time, either.

No court of law has ever required the president to present his birth certificate because the people bringing the cases do not have standing. The president should not have to appear in 50 states and present his birth certificate 50 times because a handful of crazy people are caught up in some conspiracy theory. If you don’t like the Congress’ refusal to challenge his eligibility after an election, then maybe you should elect different people. And if you can’t get people who feel your way elected, it’s because the majority of the country thinks that you are a bunch of racist lunatics. Again, he has absolutely no reason to let himself be drawn in to your circus. For the sake of expediency, his lawyer filed a few half-hearted motions and then decided it wasn’t worth the time. You’re going to lose. The question is are you going to wake up and realize you will always lose or are you going to keep tilting at windmills?

Arthur B.

January 27th, 2012
4:28 pm

@David Farrar — “I will explain it all to Secretary of State Brina [sic] P. Kemp when he needs support …”
__

Oh, that will be a little late, don’t you think? Kemp delegated the fact-finding responsibility to ALJ Malihi, and the time to present evidence was yesterday. Your case will stand or fall on what your attorney presented in your name.

As far as I can tell, nothing came close to countering the formidable presumption of authenticity carried by an official state document, but don’t take my word for it. Let’s see what SoS Kemp decides.

But you can be sure that, once he does, he’s not going to be turning to you for support.

Dan Farrar

January 27th, 2012
4:28 pm

y_p_w You are correct, by that time Orly knew she had won and that all of her evidence was going into the record unchallenged. So what was left? The show, it was all about putting everything into the public’s view. Going for the witness box was apart of that show.

David Farrar

January 27th, 2012
4:31 pm

Joe Hussein Mama stated:

“Wrong. The State of Hawaii has already verified and validated them The legal presumption at this point is that they are, in fact, valid. The purpose of the hearing was for YOUR SIDE to present your rebutting evidence, which you failed to do”

To which I reply:

Actually, it is my belief that to date the only evidence candidate Obama has presented publically is his “Whitehouse.gov” site. Under the circumstances, would that be enough.

My reply is: Ordinarly, if you were getting a driver’s license or a SS card. As it turns out,candidate Obama’s long form birth certificate fails to shown an embossed seal on its jpg. Now, to many, even to millions, this may cause suppstitions to grow about its authenticity. So no; sir. Simply posting a jpg of a birth certificate up on the Internet is not enough to prove you have executive power. In this case, you will have to prove it…that was the judge’s finding earlier this week, and the real reason he ran away…he was runniing away from the truth.

In any case, allow me to point out that in a court of law, as an Administrative Court surely is, candidate Barack Obama ran because he knew in that setting he would actually have to pony up some real documents. Instead, candidate Obama did what many small-time politiciansdo: not show up. They get the same thing Judge Malihi will be giving candidate Obama, and that is a default judgement and, in this case, a recommendation that candidate Barack Obama’s name be left off of the Gerogia PPP ballot.

ex animo
davidfarrar

ex animo
davidfarrar

Joe Hussein Mama

January 27th, 2012
4:33 pm

Dan Farrar — “Orly knew she had won and that all of her evidence was going into the record unchallenged.”

Given what eyewitnesses have posted, she didn’t *have* any evidence yesterday.

If you know differently, then perhaps you’d oblige us by posting a thumbnail outline of her alleged evidence here.

CommonSense

January 27th, 2012
4:36 pm

Dan Farrar:

Sure, it went into the “record” of an administrative law proceeding that is not a judicial court and has no precedent and is not going to be used for anything other than the ALJ to make his recommendation to the SoS, who may or may not follow it. Now, if the ALJ ignores the poor quality of the “evidence” and “testimony,” he might recommend keeping the president off the primary ballot. And if the SoS is an idiot, he may decide to try to do that, at which point it gets appealed. Based on earlier rulings in Georgia that the SoS doesn’t have that authority, the SoS is not likely to prevail. But he can try. And when he does, all that crap entered into the record can be forwarded to a real court, where it will likely be the subject of much mirth and disgust as to its lack of evidentiary value. The SoS will also forward the certified COLB that the president’s attorney sent him directly, which the court will look at and which under US law is REQUIRED to be recognized as proof of citizenship unless proof is presented that it is a fraud. No proof was presented that the COLB is a fraud, and the state of Hawaii, which has far more weight with the court than Orly Taitz and her band of witnesses, has far more weight with the courts. So, if they do decided the SoS has the power to determine eligibility, then they will overrule any decision not to put Obama on the ballot based on the evidence provided. And they will explain why, and you’ll have a nice legal opinion explaining just how worthless and laughable the evidence the birthers tried to submit is that will be there for all posterity. In fact, I suspect if the ALJ does his job and bases his opinion on what was submitted, that opinion–which will be in the record–will give ZERO weight to the “evidence,” because it is garbage–it’s speculation and largely irrelevant.

Someone testifying that a PDF of a birth certificate that has been authenticated as genuine by the state of Hawaii has been modified is meaningless. (1) Altering an image of an original sheds no light as to the authenticity of the original. (2) Officials from the State of Hawaii are considered credible and they attest that the birth certificate they have provided is authentic and no court is likely to rule that the state of Hawaii is committing a crime and providing a non-citizen with a fraudulent birth certificate. So unless you have real proof that the president was born elsewhere and thus could not have been born in Hawaii, which no birther has ever managed to find (because it didn’t happen), then you have no case.

Joe Hussein Mama

January 27th, 2012
4:38 pm

Daved Farrar — “Actually, it is my belief that to date the only evidence candidate Obama has presented publically is his “Whitehouse.gov” site. Under the circumstances, would that be enough.”

You are in error.

Mr. Obama submitted a copy of his BC to Congress, along with supporting documentation from the Governor of Hawaii and at least one other state official. There is no requirement or need to make any public posting. Your subsequent claims about raised seals and .jpgs are beside the point and are irrelevant.

“In any case, allow me to point out that in a court of law, as an Administrative Court surely is”

Nope. It isn’t. You really don’t know what you’re talking about here.

“They get the same thing Judge Malihi will be giving candidate Obama, and that is a default judgement”

Nope. Judge Malihi is only empowered to deliver an *advisory opinion,* not an actual judgment. Clearly, you’ve been reposing too much trust in the shoddy legal work and dubious opinion of Ms. Taitz.

“and, in this case, a recommendation that candidate Barack Obama’s name be left off of the Gerogia PPP ballot.”

Judge Malihi has no authority to order such a thing, and you’ve been misled if you believe otherwise.