Orly Taitz gets Joy Behar very nervous about Obama’s birth certificate

Orly Taitz goes toe-to-toe with Joy Behar about Obama’s birth certificate.

The Hawaiian Investigation of Obama Birth Certificate Attestations & Realities: TerriK, Donofrio, et. al.

Strand Magazine
~ ‘magazine’ or compendium if you prefer, of the strands of evidence

Hawaii has an open records law, similar to the federal “Freedom of Information Act.” A few individuals are looking for equal justice under that law. The articles below are suggested, roughly in this order, to understand the events, aspects, and nuances of the attempts to discover what the alleged “Hawaiian Birth Certificate” of Barack Obama actually is and what has been done with it, by whom, over the years.

Arthur Conan Doyle originally wrote his Sherlock Holmes stories as serials, published in a magazine. That art imitates the real life of a journaled investigation.

As of 10/4/2009

1. “Let’sProve Obama Was Born in Hawaii, So We Can Move Onto His British Birth,” prologue by Leo Donofrio, 9/20/2009
2. “Pending Litigation: Hawaii Confirms that Obama’s Vital Records Have Been Amended,” initial thesis regarding TerriK’s initial investigation, by Leo Donofrio, 9/21
3. “TerriK Investigation: Foreshadowing,” by Leo Donofrio, 9/29
4. “TerriK Investigation – Part 1: Hawaii Department of Health Directors Fukino and Okubo Are Guilty of Misdirection,” by Leo Donofrio, 9/24
5. “Okubo Refuses Another Citizen’s Request to Comply with Hawaii Law,” by John Charlton, 9/ 24
6. “Hawaii D0H Official, Janice Okubo Places Her Thumb Directly in the Giant’s Eye,” by Leo Donofio, commenting on John Charlton’s work, 9/25
7. “TerriK Investigation, Part 2: OIP Staff Attorney Linden Joesting’s Response to TerriK’s Appeal Appears To Confirm That The DoH Maintains Amended Vital Records For President Obama,” by Leo Donfrio, 9/26
8. “Is Fukino’s Office in Open Rout?” by John Charlton, 9/30 (Republished in Donofrio’s Natural Born Citizen, 9/30, for those who wish to explore comments)
9. “TerriK Investigation, Part 3: Hawaii AG Mark Bennett Approved Fukino’s Natural-Born Citizen Statement; All Records Should Be Made Public According To Law,” Leo Donofrio, 10/1
10. “Leo Donofrio is No Longer Spokesperson for TerriK,” by Leo Donofrio, 10/2
11. “DoH Reverses Course – Releases Index Data for President Obama, Stanley Ann, and Barack, Sr.; No Records for Maya Exist,” by Leo Donofrio, 10/2
12. “Okubo Caught Again: Admits Providing False Information Regarding DoH Maintenance of Divorce Records,” by Leo Donofrio, 10/3
13. “Okubo has Really Got Herself in a Pickle Now,” by John Charlton, 10/4
14. “Our Worst Nightmare Confirmed: Obama’s COLB Lacks Legal Veracity; What now?” by MissTickly (a.k.a., “TerriK”) 10/4 [I.O. ed., painting the picture, presenting the premise of her inquiries]

New in this Update

1. “Rejected? (See Update)” by MissTickly, 10/7 [ed., laying out her communications with the State of Hawaii, in orderly fashion]
2. “Waaaaa! Was Obama a baby on August 4, 1961?” by MissTickly, 10/8 [ed., more odd ways of wording things, from Team Hawaii]

Further reading may be done at The Right Side of Life.

There you have it, for now, with a few more strands, knots, and loose ends, all hanging on the back side of the tapestry — the side upon which we are presently kept.

Listen to MissTickly, a.k.a., TerriK on “The Awakening,” this Monday evening, 10/12, 9-11pm ET,,, 6-8pm PT (and 4-6pm in Hawaii) and ask her your questions.

Listen to Leo Donofrio on “The Awakening,” archived from Monday evening, 10/5 9-11pm ET,,, 6-8pm PT (and 4-6pm in Hawaii).

Barack Obama Kenyan Birth Certificate at Coast Province General Hospital

This video shows a copy of Barack Obama’s birth certificate from Lucas Smith who went to Kenya to retrieve it. Judge for yourself.

 

Joseph Farah is offering a $10,000 reward to anyone who can prove he or she was present at the birth of Barack Obama

Joseph Farah is offering a $10,000 reward to anyone who can prove he or she was present at the birth of Barack Obama.

To collect the reward, the subject must:

1. Agree to an interview with WND journalists;
2. Provide persuasive evidence, such as pictures, documents or verifiable details;
3. Agree to a polygraph test.

To find out more, visit WorldNetDaily.net

 

Obama Birth Certifcate Controversy Continues

To date, Barack Obama has not provided a real birth certificate.  No witnesses (i.e., doctor, nurse, etc.) exist to verify his birth.  He may not be qualifed to be president.

 

And The POT(US) Calls The Kettle Black

President Obama said the US had “failed to appreciate Europe’s leading role in the world”.

I was shocked to find out that Anti-Americanism is running rampant. Perhaps I should change my source of news to Pravada, TASS, or the DailyKOS like Obama. Or perhaps he is reading one of the papers in Arabic that the Wahhabi’s publish.

What happened for those who missed it is that the liberal press demonized a sitting President and the rest of the world joined in because they were quaking in their boots over radical fanatics and the fear that they too maybe attacked or have their precious oil cut off. Twice Russia has used petro-power to make former satellite States toe the Party line and cut off gas to Europe so they couldn’t complain. Then the American voters elected an empty suit puppet.

Obama apologizing to the World for America. I guess things like WW1, WW2, being the backbone of NATO while financially waiving all war debts of Europe, the charity of America and every good thing we do and have done mean little to a man who doesn’t know how many States there are. Admittedly he did mention that to just blame America for the world’s ills was foolish.

“But in Europe, there is an anti-Americanism that is at once casual, but can also be insidious. Instead of recognising the good that America so often does in the world, there have been times where Europeans choose to blame America for much of what is bad.

A “Constitutional Scholar” who has no idea what that precious document says but wants to rewrite it. He wants to model a new constitution on European Socialism and he says it must contain “redistribution of wealth”.

Obama…the man who thinks he can hide his heritage, his college records, his birth certificate and his ties to Communists, radical Islam, Black Liberation, and every other left wing organization. The man that fails to understand the meaning of deterrent. The man who wants to disarm not only the people of the United States but the Armed Forces. The man who thinks that the law doesn’t apply to him. The man who has proven that the American voters are stupid.

Throughout the election campaign Obama projected nothing but arrogance while thinking Americans clung to their “Religion and their guns”. Even the Pope noticed BHO’s arrogance and the Vatican voiced their objections.

This is a man who loads his Cabinet up with tax cheats and scofflaws; a man who lies about anything and everything. He is now trying to throw Israel under the bus. He is a spineless leader who is advocating that this Country be subjugated to the New World Order. This is a man who wants to make nice, nice with nations that support and fund terrorism. This is a man who thinks that just because he was elected POTUS the entire world must not question him about anything. They should just follow him. This is a man who is keeping enemy lists. This is a man who doesn’t want banks paying back TARP monies because then he wouldn’t have control.

ALL
^POWER TO THE PEOPLE POTUS!

I don’t blame the First Lady of France for not wanting to kiss him, that face of his has been kissing derrieres for so long and no telling where it had been lately.

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Ghost Ranger, Tex’s first novel, is now available on Lulu and Amazon.

 

 

 

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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 Court could decide that the Circuit Court should conduct an expedited hearing, and do so either while Petitioner is still physically present in Hawai’i or while Petitioner is allowed to participate on the telephone, directing that the Circuit Judge either schedule a prompt hearing or ask that the case be reassigned to a judge who can conduct a hearing before the 2008 election. In that case the writ, if granted, would issue to the Circuit Judge.

The approach which this Court prefers to adopt is entirely at the discretion of the tribunal.

IV.

BASIS FOR GRANTING RELIEF

A. The constitutional issue

In Elrod v. Burns, 427 U.S. 347, 373, 96 S. Ct. 2673, (1976) the Supreme Court stated “The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.” The authenticity and contents of a presidential candidate’s birth certificate is at the apex of First Amendment concerns, Monitor Patriot v. Roy, 401 U.S. 265, 91 S.Ct. 621 (1971)(“[I]t can hardly be doubted that the constitutional guarantee has its fullest and most urgent application precisely to the conduct of campaigns for political office.”)

To say that a proceeding will not be convened until after the election is to create the very type of unconstitutional delay precluded by Elrod, and creates a justifiable public suspicion of a conspiracy and cover-up by Hawai’i officials.

Elrod does not appear to have been cited by any Hawai’i court but has been cited numerous times by federal judges in Honolulu, see e.g. Rapp v. Disciplinary Board, 916 F. Supp. 1525, 1539 (D. Hawai’i 1996); Walsh v. Honolulu, 423 F.Supp.2d 1094, 1108 (D. Hawai’i 2006); Swanson v. University, 269 F. Supp. 1252, 1260 (D. Hawai’i 2003); Legal Aid v. Legal Services, 961 F. Supp. 1402, 1417 (D. Hawai’i 1997). Although Petitioner filed his Circuit Court lawsuit under the Hawai’i Constitution and not the First Amendment, this Court has previously interpreted those rights to be coextensive.

B. The procedural issue

There is an anomaly under Hawai’i procedure where probate rules provide for telephone hearings but civil rules do not. Perhaps this gap motivated the circuit judge to deny a hearing, or to adhere to such procedures as a general practice.

Certainly in the modern commercial age, with Hawai’i at the crossroads of international business, antiquated notions of physical presence as a precondition for access to Hawai’i government should be reconsidered. The Privileges and Immunities Clause of the U.S. Constitution would also appear to lean in favor of allowing out-of-state litigants from the mainland to be heard by telephone.

C. The substantive issue

a. The statute

HRS § 338-18 (b) limits disclosure of records to persons having “a direct and tangible interest in the record.” The statute then provides thirteen (13) examples as illustrative, but not exclusive, including number (9): “A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction.”

The Respondents have steadfastly misinterpreted the “direct and tangible interest” standard into one requiring a direct and tangible “relationship” between the party and the record. Thus there is a serious abuse of discretion and statutory misinterpretation by the executive branch. The Respondents have persisted in this misinterpretation despite notice that their interpretation of the statute was a misinterpretation, and will no doubt proffer the same misinterpretation to this Court as their initial response to this petition.

Researchers, scholars, writers and news media—and Petitioner has attributes of all of the foregoing—have a “tangible interest” in many public citizens without any “relationship” to those persons. Petitioner is sensitive to privacy issues and identity theft issues. But no one is likely to try to hold themselves out to be “Barack Obama” using a birth certificate issued by Respondents.

Nevertheless, the very vehemence with which Hawai’i officials have misconstrued a state statue, and the manner in which Obama has attempted to manipulate and control access to his personal records (see infra), raise legitimate suspicions in the mind of the public.

b. The waiver and admission issues

Obama claims that he has posted a conformed copy of his birth certificate on a web site. It is impossible to say whether this assertion is true, because Petitioner has no official copy to compare to the Internet version. Obama has not posted any of the source information or supporting data. If Obama has posted a version of his birth certificate, it would appear he has waived any privacy issues and the statutory restrictions on issuance of a copy to Petitioner no longer apply.

It is indeed a very peculiar state as now exists where Obama claims he has released his birth certificate or at least his latest version of the document, and yet claims that no one should be able to obtain an official copy of the same document from the State of Hawai’i or review the source information for the certificate. Waiver would appear to be applicable and render nugatory any privacy concerns.

Obama has claimed he was born in a Honolulu hospital, but there is no verifiable evidence to sustain that claim. An examination of birth records is thus essential to resolve the lingering doubts.

As judges, certainly the members of this Court are aware that punctilious concern for accuracy would mandate that any counsel preparing a case in which the birth certificate was an issue, must obtain a certified copy and not a copy grabbed off an Internet web site. As an author and columnist, Petitioner adheres to the same high standards of accuracy in the search for original truth.

The fact that Obama has in fact posted his birth certificate on the Internet is a confirmation that he believes that issue is a topic of legitimate public interest.

D. The common law writ of mandamus

Petitioner has reviewed this Court’s jurisprudence concerning and construing the common law writ of mandamus. Petitioner submits that the extraordinary facts of this Petition provide a basis for extraordinary and emergency action. As the attached docket sheet from the Pennsylvania Supreme Court attests, Petitioner is experienced in preparing, filing and obtaining relief through extraordinary writs on an emergency basis.

CONCLUSION

Most respectfully, Petitioner asks this Court to take emergency action and to grant one of the alternative forms of relief outlined in this petition.

DATED: October 20, 2008

Honolulu, HI

Respectfully submitted,

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

So, what’s the REAL reason for the trip? Time will tell. Meanwhile, we do wish the Obamas and Dunhams a meaningful, memorable visit, and our prayers are with Mrs. Dunham during this difficult time.

Also see: Contrarian Commentary

Hat-Tip John Lillpop

The Birth Certificate: The New Administration’s Stain on the Blue Dress (Updated)

UPDATED 12/15/08: The Supreme Court has declined to hear any of the cases presented, and the Electoral College as officially made Barack Hussein Obama our President Elect, regardless of his eligibility. This is a very sad day in America.

UPDATED 12/8/08: The Donofrio case has been rejected and will not be heard by the Supreme Court but the Berg case is still pending.

ORIGINAL POST 12/4/08: Here it is again. Yes, we’re all tired of hearing about it. Yes, it seems like a question with a painfully simple answer: Where were you born, Mr. Obama?

I guess it depends on what the meaning of “where” is, right?

Although the Republican establishment and even most of the prominent “new media” refused to even touch this issue in time to really save our country from another Clintonian-style humiliation before the eyes of the world, the issue isn’t going away.

Lawsuits are mounting – some reasonable and some silly. Some bloggers, like Maggie’s Notebook have done a great coverage on the topic (the FHK Archive is here), and WorldNetDaily has been all over it (be sure to check the extensive list of “previous stories” for full coverage). Also see, The Obama File.

Obama has once again shown contempt for the American public by simply not responding to requests to produce the vault copy of his birth certificate, to prove he’s a natural-born citizen, to explain why his grandmother thinks he was born in Kenya, to explain why his older relatives disagree over which Hawaiian hospital he was supposedly born in, and now, why none of the hospitals in Hawaii have record of him being born there.

Meanwhile, there are some indications that preparations have been underway in Chicago since 2006 to simply do away with that pesky “natural born” clause in our Constitution. That’s probably just a coincidence. /sarc.

Will this birth certificate (or absence of one) will prove to be the stain on that blue dress that just won’t go away? Probably, but the more important question is will history show it to be Obama’s Waterloo, or America’s Trojan horse?

Hat-Tip to Andrew of the Red Dirt Report, and TXPoet of Ft. Hard Knox for helping provide the links in this latest update.

Shocker: Obama’s Presidential Ineligibility Makes the Media!

What could be more mainstream than this?

From their site:

Obama – Born in the USA?

PRESIDENT-elect Barack Obama is being rocked by a series of shocking new lawsuits charging his election was illegal! GLOBE’s special report reveals why some national leaders believe his Hawaiian birth certificate was forged – and that America’s next commander-in-chief was born in Kenya, which could doom his presidency. It’s must reading.

From the point of view of the dominant Marxstream Media, this is the venue to handle Obama’s ineligibility to be U.S. President. Take yours home today! Then a different issue comes out a week later and that’s it. Let the “respected” media go and stay dark.

Who needs to get involved with futile attempts at refuting his disqualification, due to his father? I mean, how can a guy claim he hadn’t inherited a foreign citizenship and allegiance by his foreign father, when it’s a well-known biographical fact? But, that’s just the ticket! Best to put the hide in plane sight strategy to work, instead.

So, Obama confesses to his U.K. birthright — right on his own Web site — just puts it out there in that cool, matter-of-fact, Obama way. The meta-message is, “If the idea this would disqualify me weren’t ridiculous, why would I have run for president in the first place? Of course I’m qualified. I mean, Constitution? I have a Harvard J.D. in this stuff.” He sure can gain people’s confidence — and that is the sign of a great leader, right?

And then, we get some of the media players to discredit, besmirch, and otherwise ridicule the “birther-truthers,” the few and the odd, and he has it made! It’s in the book — you know, the Alinsky book (rule 5, if you’re keeping track). And Granduncle Trotsky’s playbook too, as long as the end justifies the means, of course. And the masterstroke is for this to work so well that even some conservative pundits run up and hop on the ridicule train. Chuggin’ that hot air from the useful-idiots-dot-com. LOL!

Constitutional, natural born Citizenship crisis? Who needs to know?

Just make it all about a perpetually withheld birth certificate, while… with a mix of impatience and pity… anyone bestirred is comforted back into slumber by the “validity” of the (meaningless) certificate already released by Obama online. Let the story hang there — on a huge, lurid headline, FRONTPAGE: GLOBE.

That’ll put the unwashed masses in their place, while we elites continue preparing our “rule.” After all, “We are the ones we’ve have been waiting for.” Man, it’s cool that line got the big ovations — confirmed the whole thing.

And if we disintegrate the U.S. Constitution in the process, so much the better! As Barack said in the Public Radio interview, that archaic document gets in the way of our redistribution model.

Best to get that Constitution out of the Obama way.

What If Obama is Ineligible?

What If Obama is Ineligible?

Imagine a fraudulent President, I think you can,
A bogus election won by an ineligible man.

My apologies to John Lennon for the above. I have been following the circumstances of Mr. Obama’s eligibility to run for President for some time now. I have watched the arrogant Courts say that a citizen has no business complaining about it and is not impacted by a fraud. I am now seeing multiple lawsuits about Obama’s birthplace and/or his eligibility.

As far as I can determine there is no procedure in place for:

A. Vetting a Presidential Candidate for a security clearance background.
B. Replacing a fraudulently elected President after election.

If the Supreme Court of the United States invalidates the 2008 Presidential Election then we must consider what happens after that.

Does Joe Biden then become President? From a legal standpoint I would say no, they ran as a pair with the criminal fraud choosing his running mate. Voters were voting for the ticket. If the entire primary procedure were invalidated because of Obama’s fraud Biden would not even be in the running.

Do we hold new elections? This would on the surface seem the fair thing to do except it would take time and who would be in control until the new elections and transitions? Would Congress leave President Bush in charge or would they appoint Nancy Pelosi as Interim President? President Bush by law can not serve more than two terms, but can he be an Interim President for the next (approx.) two years until the next President is elected? How would this affect the term of the next President? Would they be allowed to serve a full 4 year term? Could Congress appoint VP Cheney as Interim President? If the Supremes made their decision before the Electoral College vote and based up their interpretation of “natural-born citizen” neither McCain nor Obama was eligible then the Electoral college would they have to vote for one of the other third party candidates; Barr, Keyes, Nader, McKinney, Jay or Baldwin? Would they be free to vote for whomever they choose? This would mean we would have a President that the people did not elect. The same would be the result if Nancy Pelosi were sworn in as Interim.

Realizing that we are at war and realizing that the Country is undergoing an economic crisis any decision by the Supreme Court against Obama would create a Constitutional Crisis something unforeseen by the Founding Fathers, something for which we have no guidelines! And to think this all could have been avoided by requiring all Presidents to be investigated for a security clearance like we do all our NCOs in the military and showing those results to the voting public.

Also see:

• Eligibility dispute, Part 2,scheduled by Supremes
• Wrotnowski v. Bysiewicz
• The Birth Certificate: The New Administration’s Stain on the Blue Dress