Interview, Orly Taitz: Chief Justice Roberts Calls Conference on Obama Challenge: Lightfoot v. Bowen

Chief Justice John Roberts has sent a full-throated challenge of Barack Obama’s presidential eligibility to conference: Lightfoot v. Bowen (SCOTUS docket page). I.O. interviewed Lightfoot lead attorney, Orly Taitz at 2:20pm CT, today, minutes after she learned of this move.

Taitz believes, “This is Chief Justice Roberts telling the Congress… the other eight Justices, that there is a problem with this election.”

The Lightfoot case has legal standing, due to litigant, Libertarian Gail Lightfoot’s vice presidential candidacy in California. It also address two major issues of legal merit: 1. Obama’s failure to provide legally evidentiary documentation of citizenship and American birth and, 2. his United Kingdom citizenship at birth, passed to him by his Kenyan father when that nation was a British colony. (Other current challenges also submit that Obama’s apparent status as an Indonesian citizen, as a child, would have caused his American citizenship to be revoked.) This case is therefore considered the strongest yet, to be heard by the Supreme Court. Obama challenger, Philp Berg had previously been granted conference hearings, scheduled this Friday, 1/9 and on 1/16.

Roberts was submitted this case on 12/29, originally a petition for an injunction against the State of California’s Electoral College vote. His action comes one day before the Congress is to certify the Electoral College votes electing Barack Obama, 1/8. The conference called by Roberts is scheduled for 1/23. Orly Taitz is not deterred by the conference coming after the inauguration, which is to be held 1/20, “If they find out that he was not eligible, then they can actually rescind the election; the whole inauguration and certification were not valid.” The strongest time for legal and judicial rulings are generally after the fact.

Taitz reacts to this new event as a project manager, “We’ll continue working, one step at a time. Now we need to get the word out to all the media, congressmen, senators.” It remains to be seen whether the “major media” will deign to cover this story, or continue to mainly report news that is negative as it pertains to natural born Citizen actions addressing Obama.

“They will hear the case, then, if they find out… Obama was elected fraudulently, they will find out the whole process was not valid.” Taits calls this conference itself an important hearing and then, “I think that we’ll have four Justices, then it will go to oral arguments and all American Citizens will be able to hear the case.” In such a conference, four Supreme Court Justices of the nine must vote for certiorari — to have a full review generally including a public hearing. However, the Lightfoot filing is not at this point a petition for a writ of certiorari. In theory, the court may issue an order of the court regarding the process, or pertaining to a then, apparent President Obama’s standing.

Taitz stressed that the public must know immediately about matters that may have been hidden in Barack Obama’s candidacy, citing one example, that, “Most of the country has no clue that one relative can go to the state of Hawaii and sign an affidavit that ‘my relative was born a citizen’” and thus gain an Hawaiian birth certificate for that person, even if he were born abroad. That is the same kind of birth certificate that Barack Obama has not allowed to be seen, but which Hawaiian state officials have reported exists in privately held state records.

The earlier Lightfoot petition to the California State Supreme Court for a stay of that state’s Electoral College election had been denied at that level.

One of many potentially odd twists to monitor in this electoral process is that as of Friday, 1/2, the National Archives had received Electoral College votes from only twenty-four of fifty states, not nearly enough votes for Congress to count, tomorrow for an election.

Investigating Obama will continue to monitor this and related cases, and link to news and examinations of them, from other newsworthy sites. The Web site of Orly Taitz relates her perspective, further. Readers are free to repost or excerpt this article.

Obama’s Kenyan Birth Evidence to be Revealed…Final Update

Update 1/1/2009, 3:36am CT - In his 7:45pm Plains Radio broadcast, this last night, Ed Hale backed down from his prior assertion of having gained even uncertain information about the Barack Sr. / Stanley Ann divorce decree containing language referring to Barack Jr. as being born in Kenya. Instead, Hale referred to an apparently tricky recollection… of an indeterminate person… referring to such a document’s generally referring to the place of birth of the children of the divorced parents. That is not what I heard from Mr. Hale on the 31st.

Two people reported during the broadcast that they had contacted Hale’s private investigator yesterday, who indicated he did not thoroughly read the documentation and does not know how it addresses Barack Obama Jr. — nor did he make a copy for himself. It would appear that Hale will receive a valid copy of this decree, probably Friday, 1/2. What it states will be what it states. He promises to post and report, as described below.

While my article maintains a journalistic separation from the principals of this story and is a report of statements of others on the matter, I believed it worthy of “pushing out” to readers and those who would faithfully relay the story. That worth appears less merited at this point and I apologize for that, to them and you. However, this should mean the first public viewing of that divorce decree. If it does not include information pertinent to Barack Obama’s birth, at least that will be known. And that is more than may be said of President Elect Obama’s actual birth certificate. This also seems fitting for a politco who advanced to the U.S. Senate along a path of the convenient “mainstream media” reporting of scandals from two of his opponents’ own divorce records and an “outing” of a family member of another; sauce for the goose.

I.O. emphasizes that place of birth aside, Barack Obama is clearly and thoroughly not a natural born Citizen and is therefore specifically ineligible to be our United States President. This is due to his U.K. citizenship at birth, passed from his father. That is referred to below and explained in the article, “The Donofrio ‘Natural Born Citizen’ Challenge.”

I.O. also observes that even a valid hard copy of the kind of certificate of birth that Obama has ostensibly submitted is not the kind of birth certificate which is required for numerous purposes. Further, it is suspect that Obama has invested what some say is approximately $1M to keep his actual, Hawaiian birth certificate undisclosed — seemingly thematic with “pleading the Fifth.” At the very least, it would officially document his father and that is one wheel off his bike to the White House.

<<<<<<<<<<<<> I.O.<>>>>>>>>>>>>

A private investigator in Hawaii has uncovered the divorce decree for Barack Obama’s father and mother, which indicates they had “one child under the age of eighteen, born in Kenya.” That is the report of Ed Hale of PlainsRadio.com, an Internet radio site which has focused upon the natural born Citizen challenges to Obama’s presidential eligibility.

Hale announced this during his evening Internet broadcast on PlainsRadio.com, Tuesday, 12/30 and confirmed it with I.O. in an online interview, later that night. He reported that certified copies of this documentation have been sent from Hawaii by the investigator to himself and four others. Hale is to receive his copy today, Wednesday, 12/31 and plans to post it graphically on the site, during the day. He will also discuss this on a special Internet broadcast, between 6pm and 10pm Central Time, tonight. [I.O., 12/31, 2:30pm CT: Ed Hale has sent an email stating that his delivery has been delayed until Friday, 1/2. We wait another day for what he has to show. We can be patient in light of how long we wait for Barack Obama to admit the truth of his ineligibility per Article II (and show us the whole truth of his actual Hawaiian birth certificate, besides).] The site streams audio as soon as it is accessed via Web browser.

 

The Texan Internet entrepreneur relates he got fed up with the lack of documentation on Obama and decided to discuss ideas with his radio audience. His offer to hire an investigator was met with piecemeal sums of money from listeners to his broadcasts. Hale said some of the information one would expect to find was not available. For example, documentation from Obama’s mother, Stanley Ann’s divorce to her second husband, Lolo Soetoro had vanished. Hale speculates, the reason this forthcoming 1964 divorce decree had not also been “scrubbed” could be that the divorce had been filed not by Obama’s mother, but by Barack H. Obama, Sr. Thus, it may have been overlooked by any plumbers for Obama.

Hale does admit to incomplete certainty of his investigator’s work until he receives it, partially due to the PI’s accent, the telephone connection, and his slight hearing impediment. However, he is very confident of what he will receive during the day. Mark S. McGrew, who writes about Obama’s natural born Citizen problems for Pravda.ru, accompanied Hale in his broadcast and also expressed confidence. McGrew had sought publication in numerous American news outlets, but they turned down his articles referring to Obama’s apparent ineligibility. Russia’s Pravda however, decided his effort to find and report the truth was not to be redlined.

As often related, Barack Obama, due simply to his U.K. citizenship at birth via his Kenyan father, is not a natural born Citizen of America, by definition and the original intent of that term. The Supreme Court has turned down cases which make this point, but according to a September decision in a lower federal court (regarding John McCain’s eligibility problem) this would be due to a question of jurisdiction, until Congress is to certify the Electoral College vote on January 8. Further action is to occur, after this date. You may read about this in previous I.O. articles and the sites linked in its sidebar.

Meanwhile, on the question of Obama’s place of birth, professionals dealing with documents and forensic evidence have testified that the online “certificate of live birth” provided by Obama is not identifiable evidence of American birth. Now, if Obama’s parents’ divorce decree states that he was born in Kenya (as his Kenyan grandmother has repeatedly stated) the second epistemological wheel is coming off his vehicle to the White House.

Will Congress pay attention and do its Constitutional duty?

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Also see: WorldNetDaily - Eligibility case finds ’standing’? New suit claims unique state law enables citizens to demand proof

Updated 11/20/08 - the Birth Certificate Question is still Unanswered. Original post: Could this be the REAL reason Obama is in Hawaii? (Update - The Plot Thickens?!)

UPDATE 12/19/08: WorldNetDaily is reporting:

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.’…Continue reading on WorldNetDaily >>

MORE UPDATES ON 11/20/08: Maggie is reporting: Supreme Court to Conference on Obama’s Citizenship: Write Now and Political Pistachio has commentary (hat-tip Red Dirt Report)

UPDATE 11/20/08: LifeSiteNews is reporting:

November 19, 2008 (LifeSiteNews.com) - A Sacramento Supreme Court petition filed on behalf of Alan Keyes and others has asked the Secretary of State to withhold the state’s 55 electoral votes from the December Electoral College tally until President-Elect Barack Obama proves he is eligible to take office.

The court document joins a host of litigation questioning Obama’s eligibility in as many as 15 states, with confirmed cases in Ohio, Connecticut, Washington, New Jersey, Pennsylvania, Georgia and Hawaii, and unconfirmed reports from Utah, Wyoming, Florida, New York, North Carolina, Texas, California and Virginia, according to WorldNetDaily.

All the cases reported to have failed were dismissed due to the plaintiff’s lack of standing, without the court actually investigating the complaint.

Meanwhile, on Tuesday, in the case that Berg brought before the Supreme Court, The FEC has waived its right to respond in the Petition for a writ of certiorari (Due by 12/1/08). (See Docket for 08-570)

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UPDATE 10/25/08: Maggie’s Notebook is reporting:

Philip Berg’s lawsuit against Barack Obama and the DNC has been dismissed in a Philadelphia Federal Court.

Jeff Schreiber at America’s Right is reporting that Judge Surrick finds that Berg lacks “standing,” (more)

(also on Wake Up America)

UPDATE 10/23/08: Maggie, of Maggie’s Notebook has been researching and phoning her U.S. Senators to find out what can be done to “validate a candidate’s natural-born citizenship status before filing for the office of The President.” Find out what she was told, here.

UPDATE 10/23/08: Phillip Berg, who has filed a more well-known lawsuit for Obama’s birth and education records, has put out the following video to explain his case (Nancy Morgan, of Right Bias, has more information):

UPDATE 10/23/08: Andy Martin now believes Obama’s biological father is Frank Marshall Davis, his communist mentor. Interesting theory…read the details, here. Also, Joan Swirsky of the Canada Free Press has a good rundown of the Obamamess’ birth woes, here. (So, Obama - Who’s your Daddy?!)

UPDATE 10/21/08: We received the following from Paulie, of Paulie’s Point:

“Take it from a Chicagoan who knows that anything is conceivable when it comes to Barack Obama. What actually bothers me the most is the petitioner and so-called writer Andy Martin.

“Martin is certifiable nut-job. Who runs for office every chance he gets. He also threatens to sue anyone and everyone who criticizes him and writes about his well-documented anti-Semitic tirades and other offensive behavior. Yours truly has been threatened by him on numerous occasions.

“If Martin wants to travel to Hawaii and give Obama a hard time, who am I to stop him. Even a broken clock is right twice a day.”

ORIGINAL POST 10/21/08: Barack Obama is currently on a temporary leave from his campaign, visiting Hawaii - we’ve been told that he’s there to visit his ailing grandmother. Debbie, of Right Truth has more info about Obama’s grandmother:

Sen. Barack Obama is taking off two days from his campaign this week for an urgent visit to his ailing grandmother in Hawaii. Madelyn Dunham, 86, has apparently been ill for some time now, in and out of the hospital recently. It is only natural that Obama would want to spend some time with her. I want to say that our prayers go out to Mrs. Dunham at this time.

By all indications she was a good mother and good grandmother…Continue reading on Right Truth >>

However, Andy Martin, who is writing an anti-Obama book, and has been trying to get information about Obama’s birth records has filed the following in the state of Hawaii this week:

Tuesday, October 21, 2008

Hawai’i Supreme Court Petition

ANDY MARTIN

Post Office Box 1851

New York, NY 10150-1851

Toll-free tel. (866) 70-6-2639

Toll-free fax (866) 707-2639

Temporary Hawai’i contact:

Cell phone (917) 664-9329

Petitioner Pro Se

IN THE

SUPREME COURT OF HAWAI’I

SUPREME COURT DOCKET NUMBER: 29414

ANDY MARTIN,

Petitioner,

HON. LINDA LINGLE, in her

official capacity as Governor;

DR. CHIYOME FUKINO, in her

official capacity as Director

of the Department of Health,

HON. BERT AYABE, in his official

capacity as Circuit Judge,

Respondents.

___________________________________

EMERGENCY PETITION FOR WRIT OF MANDAMUS

INTRODUCTION AND PRELIMINARY STATEMENT

The question of the authenticity and public availability of the birth certificate of Senator Barack Obama (hereinafter “Obama”) has become a source of increasing embarrassment for Hawai’i Government.

Although Obama has purportedly posted a copy of his birth certificate on his own web site, and others claim to have posted other versions, Obama refuses to allow public access to the official records of the State of Hawaii.

Petitioner is an author and columnist who came to Hawai’i to do research on Obama’s years in Hawai’i. After arriving in Honolulu, Petitioner decided he needed a copy of the original birth certificate, as well as any official files relating to the issuance of said certificate.

The Executive Branch Department of Health has repeatedly and egregiously mischaracterized the Hawai’i statute governing access to birth certificates, and did so again on October 17th in a statement to the Honolulu Advertiser.

Petitioner applies to this Court for an appropriate writ, and offers two separate avenues of potential relief for the Court to consider.

I.

JURISDICTION

This court has jurisdiction of this Petition pursuant to HRS § 602-5 (a)(3).

II.

FACTUAL ALLEGATIONS

1. The Petitioner

Petitioner Andy Martin has been writing about Obama for over four years. Petitioner is the author of the best selling book “Obama: The Man Behind The Mask.”

Petitioner publishes an Internet newspaper, http://ContrarianCommentary.com, as well as related blogs, http://Contrariancommentary.wordpress.com and http://ContrarianCommentary.blogspot.com.

Although Petitioner is not a practicing attorney, he is a respected public interest and consumer rights litigator, see http://www.AndyMartin.com. He holds a Juris Doctor degree from the University of Illinois College of Law.

For example, in 2003 the Pennsylvania Supreme Court granted Petitioner special leave of court to represent a U.S. Marine in a landmark case arising under the Soldiers and Sailors Civil Relief Act of 1940, see http://www.firstrespondersonline.us/director.htm (see attached).

Petitioner is also highly controversial. His corruption-fighting efforts in the Illinois courts and federal courts have provoked intense hostility and counter-reactions from judges who were the targets of his exposures see http://www.AndyMartin.com. These judges have sought to vilify and demonize petitioner, and Obama has sought to use these corrupt techniques to divert attention from Obama’s own questionable personal history.

Petitioner is undaunted.

In Hawai’i, petitioner is accompanied by a network television camera crew. Thus the bona fide news value of his current litigation activity is not subject to question.

2. The Respondents

A. Respondent Linda Lingle is named in her official capacity as Governor and Chief Executive of the Executive Branch of Hawai’i government.

B. Respondent Dr. Chiyome Fukino is joined in her official capacity as Director of the Hawai’i Department of Health.

C. The Hon. Bert Ayabe is named in his official capacity as a Circuit Judge of the First Circuit. As will be shown below, Judge Ayabe’s joinder in this petition does not necessarily involve any criticism of the judge and reflects the absence of any local rules to govern the judge’s authority.

3. The birth certificate (certificate of live birth)

A. For the convenience of this court, Petitioner has submitted a copy of the Circuit Court proceedings as a separate Appendix. Those documents are incorporated by reference in this petition.

B. In summary, Petitioner applied for and was denied a copy of Obama’s birth certificate. Petitioner then commenced a proceeding in the First Circuit on October 17, 2008 while still physically present in Honolulu.

C. Petitioner notified Judge Ayabe of Petitioner’s limited availability in Hawaii, and requested or suggested an emergency hearing.

D. Judge Ayabe responded promptly through his judicial assistant with a hearing date after the 2008 election on November 7th. Petitioner was also notified that in order to exercise his rights and pursue his petition he would have to return from Chicago to Honolulu, as there was no provision for telephone hearings. (It was not clear whether the judge viewed the absence of telephone rules as a preclusion of telephone hearings, or was imposing his own individual rules of practice).

E. Petitioner was required to file his lawsuit in Hawai’i. No other court system has jurisdiction of local Hawai’i officials. Petitioner should be as welcome in the Hawai’i court system as a Hawai’i citizen would be on the mainland. There are no artificial boundaries or distinctions under the Privileges and Immunities Clause of the U. S. Constitution. If Petitioner must be present in Hawai’i in order to vindicate rights and remedies under the Hawai’i Constitution and statutes he will be precluded from doing so.

F. Hawai’i is a sophisticated international business center. It is simply impractical for parties to be physically present in the State as a precondition of access to Hawai’i government or the judicial system.

G. Rule 11 of the Probate Rules provides for “Telephone Conference Call Hearings.” On information and belief there is no parallel provision in the Civil Rules.

H. Petitioner remains present in Hawai’i through October 22nd and available for emergency hearings in person.

I. This Court can take its own judicial or official notice that numerous state and federal court systems provide for telephonic participation, see e.g. Florida Rules of Judicial Administration 2.530.

III.

RELIEF REQUESTED

This Court can deal with this petition by either one of two separate approaches.

First, the Court could decide that the Executive Branch’s misapplication and misinterpretation of the relevant statute (see Exhibit 1 to the Circuit Court Complaint) raises issues of sufficiently great public and national importance that the Court will entertain the issues presented as a matter of the exercise of this Court’s original jurisdiction. In that case the writ of mandamus, if granted, would issue directly to the executive branch and Judge Ayabe’s role would become moot and coram non judice.

Second, this Cour