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DebinPhoenix's Blog

by DebinPhoenix from Cave Creek, Arizona

Last Post 207 days, 9 hours Ago


http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-
0344/HRS0338/HRS_0338-0017_0008.htm

[§338-17.8] Certificates for children born out of State.

(a) Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.

(b) Proof of legal residency shall be submitted to the director of health in any manner that the director shall deem appropriate. The director of health may also adopt any rules pursuant to chapter 91 that he or she may deem necessary or proper to prevent fraudulent applications for birth certificates and to require any further information or proof of events necessary for completion of a birth certificate.

Many BHO supporters have pointed to the newspaper listing of his birth announcement as proof of his birth.  The newspaper listing is merely a vanity listing submitted to the paper since only a few of those appear each day and they are dwarfed by the number of kids actually born in Hawaii.  Just like marriage announcements, only a few are listed in comparison to all of the marriages performed in Hawaii.  Countless individuals have tried unsuccessfully to find anybody who may have worked at the hospitals and delivery rooms in 1961 to recall if such a birth took place.   In order to find out what actually took place regarding the Hawaii state records, the courts will have to demand that those records be opened.

The COLB (Certification of Live Birth) is built from source documents.  The doctor, nurse or midwife has to submit the paperwork to document the trail.  If he was born out of state and the COLB is by the mothers certification then that documentation would be in the record.  Currently, no one person has been able to find a shred of evidence to support the birth.

In BHO's books he talks about a different form of the birth record because he relates of how it included his birth weight.  The document produced by BHO and the DNC does not indicate his birth weight even though the COLB's issued by the State of Hawaii in 1961 did include the birth weight data. 

In Berg’s lawsuit, there are three different and overlapping disqualifying circumstances, any one of which would mean that Obama is not a “natural born citizen.” as the Constitution requires:

First, if Obama was born, not in Hawaii as he maintains, but in 1961 in Kenya, to a father, Barack Obama, Sr. who was a Kenyan citizen and to an American mother, Stanley Ann Dunham, who was an American citizen and 18 years of age at the time of Obama’s birth, Berg alleges, Obama would not have been born--under the U.S. citizenship laws then in effect--a “natural born citizen” of the U.S. and, in fact, the only way Obama could have gotten U.S. citizenship would have been to go through the naturalization process, and becoming a “naturalized citizen,”—and, incidentally, generating a boatload of official government paperwork--being a “naturalized citizen” Berg argues, is not the same thing as being a “natural born citizen” as the Constitution requires, so this would disqualify Obama.

Berg’s lawsuit alleges that, despite what Obama and his half sister Maya told reporters for the same Honolulu newspaper in separate interviews, each gave the name of a different hospital as the site of Obama’s birth.  Yet, there is no evidence to be found of an admission to any Honolulu hospital for Stanley Ann Dunham or for the birth of Obama in any Honolulu hospital, but researchers have found a birth record for a son, named Barack Obama, Jr. born in a Mombassa, Kenya hospital around the date Obama was supposed to have been born, whose father is listed as one Barack Obama, Sr. and whose mother was an American citizen.

The second allegation in Philip J. Berg’s suit, alleges that Obama would also be disqualified (http://tinyurl.com/5y24w2) if he holds citizenship in Kenya and/or Indonesia and if this is so, Berg argues, Obama is not only Constitutionally ineligible to run for President but he is also ineligible to hold his position as a United States Senator.

In his third allegation, Berg argues that Obama lost any U.S. citizenship he might have had and became a citizen of Indonesia--and Berg’s suit alleges that Obama traveled to Pakistan in 1981 on an Indonesian passport issued to him--by virtue of his mother’s marriage to her second husband, Indonesian citizen Lolo Soetoro and her and Obama’s residence in Indonesia. If U.S. law is as Berg states it is, Obama would have had to reapply for American citizenship, sometime after his 18th birthday, by appearing before on officer of the U.S. and swearing an Oath of Allegiance: easily proved if Obama did so, since such an event would, again, generate all sorts of official U.S. documentation; Berg argues that Obama never took this step and, therefore, never regained his U.S. citizenship.

The above data was provided in party by freerepublic.com

 

 

11 Comments |  Add a Comment

Member Comments Total Comments: 11
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dhw1949 read my blog view my photos
Nov 14, 2008 | 7:18 PM

Good post, Deb. Let's keep the pressure on till this charlatan either fesses up or provides some documents. Let's hope the stuff coming from Kenya turns out to be the icing on the cake.

scooterwilliams read my blog view my photos
Nov 14, 2008 | 8:44 PM

I am under the impression that Berg is taking this all the way to the top. If so who does he present this information to etc.

Excellent job Deb. Thanks

KenOfAZ read my blog view my photos
Nov 14, 2008 | 11:53 PM

Notice even the so called "fair and ballanced" press is too liberal to go after this story. The news stations avoiding this story is as big a story as the story itself.
If it is proven that Obama is not legal to be president, ALL the news sources in this country will look like idiots.

DebinPhoenix read my blog
Nov 15, 2008 | 9:46 AM

BHO and the DNC have until December 1st to satisfy the discovery requested in the Berg case. Having over 25 years in corporate litigation, BHO can only delay the production of documents as requested. BHO's Motion to Dismiss was denied so he will have to produce documents at some point.

The Kenyan documents are many but one in particular is very interesting. A ledger that was kept from 1960 - 1963, during the Kenyan government transition (one of many) is among the documents smuggled out of Kenya. Because of the government transition concerns, a ledger was kept of all births during that period. Handwritten information of each live birth, hospital, doctor, birth weight, mother, father and each birth was assigned a number.

chicken-little read my blog
Nov 15, 2008 | 5:32 PM

Debin- altho I wish you were right, I believe that the 12/1 deadline is the Supreme Court for opposing parties to file a response to Berg's Writ:

U. S. SUPREME COURT AWAITS RESPONSE TO
BERG'S WRIT OF CERTIORARI
FROM OBAMA, DNC and Co-DEFENDANTS

(Lafayette Hill, Pennsylvania – 11/07/08) - Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States filed a Writ of Certiorari in the United States Supreme Court on October 30, 2008, requesting review of the United States District Court, Eastern District of Pennsylvania, Judge Surrick’s Dismissal of Philip J. Berg’s lawsuit against Barack H. Obama, Jr., the DNC and the other co-Defendants. Accordingly, the U. S. Supreme Court has set dates in which Barack Obama, the DNC and all co-Defendants are to respond to the Writ, which is on or before December 1, 2008.

chicken-little read my blog
Nov 15, 2008 | 5:35 PM

Debin, what is your opinion regarding Berg's standing to file the action. Again, I'm all for the guy--but I can't help but think this suit should have been handled differently. Also, he has claimed Section 1983 damages...got an opinion on that?

I really pray that he pulls it off, and wish that we could do more to raise this issue and hold them accountable.

chicken-little read my blog
Nov 15, 2008 | 5:37 PM

p.s. the action was dismissed, even though Defendants failed to produce discovery and the facts in the RQ for Admissions would have been deemed admitted but for the dismissal.

DebinPhoenix read my blog
Nov 17, 2008 | 3:16 PM

checken-little:

You are correct on the Dec. 1 deadline not being set for RA and Document Production. My apologies. However, if, in fact, Obama can produce acceptable documentation to the court in support of their answer to the cert. petition...It's game over.

I am very excited for the fact that the Cert. Petition was not rejected and that Souter ruled, in part, demonstrates committment, in my opinion.

Obama can do one of two things now. He can answer and support his answer with the proper documentation. Or, he doesn't have to answer at all. Remember, motions to dismiss aren't allowed here. If Obama can produce a valid birth certificate, now is the time buddy.

But, I believe the defendants will fail to answer the cert. writ. Certs are accepted and reviewed only at the higher court's judicial discretion and arrogance by the defendants in this matter could very well serve to guarantee a writ.

Section 1983 is a reach, at best, to achieve standing.

There are multiple lawsuits where the Plaintiff's, in my opinion, have standing, i.e. Alan Keyes v. Secretary of State, Debra Bowen; this case precludes her from certifying and submitting the electorate votes for the State of California to the Governor. Also, Martin v. Obama, et al., Circuit Court, Honolulu, for the release of birth files, to be heard on November 18th. Martin does lack standing but I think Alan Keyes and his vice-presidential pick certainly can claim it. The focus now seems to be not on the Berg case, but on the cases now filed pressuring the Electorate and the DNC because they fa

DebinPhoenix read my blog
Nov 17, 2008 | 3:18 PM

failed to properly vet Obama.

Sorry. That would be "chicken-little."

chicken-little read my blog
Nov 17, 2008 | 4:12 PM

I pray that the Supremes do us right. Do you have a source where you follow those other cases? I would like to see.

Did you read the Order of Dismissal in Berg? I haven't had time to give it a thorough read, but there was a lot of research put into it, if I remember. Whether that was just covering the judge's tracks to not 'appear' aligned with the dems, I dunno.

Would love your informed [personal, not professional, lol] opinion on it, if you are inclined to read it also. (Too much on our plate and too many fronts to battle, it seems, these days!)

DebinPhoenix read my blog
Nov 17, 2008 | 7:39 PM

I just perused the Memorandum and Order in the lower court case. It appears Berg could have possibly had standing if his Amended Complaint would have been his first. Berg was pretty sloppy with his inability to argue certain points which was due to his not exhausting all avenues to obtain documents.

Lujan, more presently defined, sets out three criteria to prove standing and he grabbed at straws by not introducing the other defendants on his original petition.

The greatest individual quote contained in the Motion to Dismiss was Obama asserting that all of the allegations of not being a natural born citizen were "patently false." I think that was pretty thin and the lower court fell on the standing issue more solidly.

Only time will tell. Also, I can't tell you how I see what has been filed. I think you know how I do it. LOL

I will update after the hearing tomorrow in Honolulu in the Martin v. Obama, et al. case.

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DebinPhoenix

My greatest accomplishment and contribution to this life is my wonderful son, currently serving with the United States Navy, Special Operations.

Member Since: 1/22/2008