Saturday, December 27, 2008

Dispute posted on Court docket twice - Birth Obama

Saturday, December 27, 2008

2nd eligibility conference
scheduled by Supremes
Dispute posted on Court docket twice
after Electoral College votes submitted

Posted: December 26, 2008
10:40 pm Eastern


A second conference has been posted on the docket for the U.S. Supreme Court over the issue of Barack Obama's eligibility to occupy the White House, this one scheduled a week after Congress is to review the Electoral College vote tabulation.

The latest issue posted is a request for an injunction on the election results pending the resolution of a petition for a writ of certiorari filed by attorney Philip J. Berg, a case that is docketed for a similar conference among the justices on Jan. 9.

Berg's original case raises questions about Obama's eligibility and his injunction request first was filed early in December. It was submitted to and rejected by two different justices before it came before Justice Antonin Scalia on Dec. 18. Then just before Christmas the docket was updated to reflect that the motion had been "distributed for conference of January 16, 2009."

(Story continues below)

On Berg's Obama website, he said Congress is scheduled to hear the Electoral College results on Jan. 8. Then on Jan. 9 there's the conference scheduled on Berg's case itself, with the injunction issue to be addressed a week later.

WND has reported Berg's case, one of the first legal challenges to Obama's eligibility to reach the Supreme Court, alleges he cannot constitutionally be inaugurated.

"I know that Mr. Obama is not a constitutionally qualified natural born citizen and is ineligible to assume the office of president of the United States," Berg said in a statement on his website.

"Obama knows he is not 'natural born' as he knows where he was born and he knows he was adopted in Indonesia; Obama is an attorney, Harvard Law grad who taught Constitutional law; Obama knows his candidacy is the largest 'hoax' attempted on the citizens of the United States in over 200 years; Obama places our Constitution in a 'crisis' situation; and Obama is in a situation where he can be blackmailed by leaders around the world who know Obama is not qualified," Berg's statement continued.

"The Supreme Court has listed the case of Berg vs. Obama for 'conference' on January 9," the website said.

"I am appalled that the main stream media continues to ignore this issue as we are headed to a 'Constitution Crisis,'" Berg wrote. "There is nothing more important than our U.S. Constitution and it must be enforced. I am concerned that our courts have not yet decided to look into the merits of our allegations."

WND previously reported on a case brought by Cort Wrotnowski. It fell by the wayside when the justices heard about it in conference but refused to give it a further hearing. That was the same fate handed to a case brought by Leo Donofrio. Both challenged Obama on essentially the same issue: allegations that dual citizenship based on a father who was a British subject and a mother who was an American minor disqualified him for office.

Where's the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, join more than 190,000 others and sign up now!

The high court previously turned down a request from Berg to stop the Electoral College from selecting the 44th president until Obama documents his eligibility for the office.

As WND has reported, more than a dozen lawsuits have been filed over Obama's eligibility to assume the office of the president, many have been dismissed, while others remain pending.

The cases, in various ways, have alleged Obama does not meet the "natural born citizen" clause of the U.S. Constitution, Article 2, Section 1, which reads, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President."

Some of the legal challenges have alleged Obama was not born in Hawaii, as he insists, but in Kenya. Obama's American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.

Other challenges have focused on Obama's citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. Such cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.

Several details of Obama's past have added twists to the question of his eligibility and citizenship, including his family's move to Indonesia when he was a child, his travel to Pakistan in the '80s when such travel was forbidden to American citizens and conflicting reports from Obama's family about his place of birth.

A partial listing and status update for several of the cases surrounding Obama's eligibility to serve as president is below:

Philip J. Berg, a Pennsylvania Democrat, demanded that the courts verify Obama's original birth certificate and other documents proving his American citizenship. Supreme Court conferences on the case and its motions are scheduled Jan. 9 and 16.

Leo Donofrio of New Jersey filed a lawsuit claiming Obama's dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.

Cort Wrotnowski filed suit against Connecticut's secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.

Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public's support.

Chicago attorney Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama's vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.

Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama's eligibility could be confirmed, alleging doubt about Obama's citizenship. His case was denied.

In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.

In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama's citizenship. The case was denied.

In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama's birth certificate. His request for an injuction against Georgia's secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.

California attorney Orly Taitz also has brought a complaint alleging Obama is not a "natural born" citizen and has written an open letter to the Supreme Court asking for the issue to be resolved.
Last month, WND reported the worries over a "constitutional crisis" that could be looming over the issue of Obama's citizenship.

"Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void," argues the Alan Keyes case pending in California, "Americans will suffer irreparable harm in that (a) usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal."

With such high stakes potentially at risk, WND earlier launched a letter campaign to contact Electoral College members and urge them to review the controversy.

That followed a campaign that sent more than 60,000 letters by overnight delivery to the U.S. Supreme Court when one case contesting Obama's eligibility for the Oval Office was pending.

A separate petition, already signed by more than 190,000 also is ongoing asking authorities in the election to seek proof Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution.

WND senior reporter Jerome Corsi had gone to both Kenya and Hawaii prior to the election to investigate issues surrounding Obama's birth. But his research and discoveries only raised more questions.

The biggest question was why, if a Hawaii birth certificate exists as his campaign has stated, Obama hasn't simply ordered it made available to settle the rumors. The image his campaign posted online has been rejected by critics since it is a "certification of live birth," not a birth certificate, and under Hawaii law at the time such certifications were given to parents of children born outside the state.

The governor's office in Hawaii said there is a valid certificate but rejected requests for access and left ambiguous its origin: Does the certificate on file with the Department of Health indicate a Hawaii birth or was it generated after the Obama family registered a Kenyan birth in Hawaii?

Obama's half-sister, Maya Soetoro, has named two different Hawaii hospitals where Obama could have been born. There have been other allegations that Obama actually was born in Kenya during a time when his father was a British subject. At one point a Kenyan ambassador said Obama's birthplace in Kenya already was being recognized.

1 comment:

Ted said...


Since the Supreme Court has now prevented itself from acknowledging the question of whether Barack H. Obama is or is not an Article II “natural born citizen” based on the Kenyan/British citizenship of Barack Obama’s father at the time of his birth (irrespective of whether Barack Obama is deemed a “citizen” born in Hawaii or otherwise) as a prerequisite to qualifying to serve as President of the United States under the Constitution -- the Court having done so at least three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors -- it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice from the United States Department of Justice Office of Legal Counsel as to how to respond to expected inquiries from federal employees who are pledged to “support and defend the Constitution of the United States” as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II “natural born citizen”.

Moreover, each and every member of Congress should be notified that he or she is personally liable (can be sued) for his or her own failure, or the same in conspiracy with other members, to perform what is a ministerial and constitutional duty, that is, to require and/or insist that Presidential electoral votes only be counted for candidates who are “natural born citizens” under Article II of the United States Constitution, the failure of which creates a cause of action for deprivation of claimants’ constitutional rights (as allowed under the Bivens case) against employees of the Federal Government, in this case, to a lawful President and Commander in Chief, and therefore, for deprivation of adequate continuation of the United States as a Constitutional Republic. The constitutionally tortious conduct is not subject to congressional immunity and would be the jettison of Article II of the Constitution by failure to stop and/or object to the counting of electoral votes for Barack H. Obama who has admitted that at the time of his birth his father was a Kenyan/British citizen and not a citizen of the United States of America.

Finally, if 1/20/09 comes and goes with a usurper in the Whitehouse (that is, Obama is definitely NOT an Article II “natural born citizen” -- dad Kenyan/British citizen at BHO’s birth -- albeit he MAY be a 14th Amendment “citizen”) with usurper enablers in Congress and the Supreme Court … God help us because many of the people will -- rightfully and under our Constitution and Declaration of Independence -- endeavor through other means to take back the Government from what is nothing less than a non-constitutional coup d’etat. (SCOTUS now does have the power to forestall that grim yet inevitable scenario, otherwise the blood and possible loss of our Constitutional Republic is SQUARELY ON THEIR HEADS.)