Obama certificate lawsuit dismissed

[kskiska]

Source: Honolulu Advertiser

A Circuit Court judge has dismissed Internet author Andy Martin's lawsuit seeking to obtain a copy of President-elect Barack Obama's Hawai'i birth certificate.

Judge Bert Ayabe upheld arguments from Gov. Linda Lingle's administration that Martin — a political opponent of Obama — had no standing under state law to obtain a copy of the document.

The decision, issued late Wednesday, first denied Martin's "emergency motion" for production of the birth certificate.

Martin "does not have a direct and tangible interest in the vital statistic records being sought, namely the birth certificate of President Obama," Ayabe wrote.

Martin did not fall into any category of persons defined under state law as having a legal right to the record, said the judge.

(snip)

Before the election, Fukino issued a statement saying that she and the registrar of vital statistics had personally examined the birth certificate and found it to be valid.

Read more: http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=2008811210355

[CaliforniaPeggy]

1. Good news!

I really wish we could put this one to rest forever! :grr:

[trueblue2007]

6. Yehaaaaaaaaaaaaaaaaaaaaaaaaa

[Lasher]

34. It hasn't been on account of a lack of evidence.

Here, use these in your next 'reply to all':

Snopes:

Obama is a natural-born citizen.

He has furninshed a Cirtification of Live birth and it is not a forgery.

FactCheck.org:

Obama's birth cirtificate has been disclosed.

It is not a forgery.

TruthOrFiction.com

Obama was not born in Kenya. He was born in Hawaii and it was a US state at the time. His mother was eligible to give birth to a US citizen.

About.com:

Obama is a natural-born citizen of the US.

Truth Fights Back:

Obama was born in the US.

He is a natural-born citizen.

Obama Fact Check:

Obama is a natural-born citizen.

[EmperorHasNoClothes]

2. Proof that the birth certificate doesn't exist!

It's all a massive cover-up, I tells ya!!!

:sarcasm:

[ecstatic]

3. I'm pissed that they even had to verify that it was valid

WTF? Did they verify McCain's birth certificate as well?

[Sirveri]

7. It's a legal requirement for the highest office in the nation.

It's kind of important that things like this ARE verified. I suspect McCain's was as well, though likely with less scrutiny.

[Hekate]

14. I'd never in my life heard of such a thing before Obama ran for president. Humbug.

In the past half-decade, however, certain Republicans have touted getting RID of the Constitutional requirement on behalf of Arnold Schwarzenegger. I think it very much depends on whose ox is being gored.

Hekate

[Land Shark]

24. The issue is not "citizenship" it is NATURAL BORN -- a huge technicality

their idea of "natural born" is that if you have one or two US citizen parents vacationing in Canada, or the same stationed on a military base abroad, you are NOT qualified to be President even though you are a citizen. It's the most technical, stretched, flimsy basis to try to overrule the choice of the people who had a chance to consider the issue, primary and general, and rejected it. If it were a fundamental individual right, or went to the core of our ability to control our own government, that would be one thing, but fine dubious technicalities is another.

[lolly]

28. Not exactly

If your parents are both US citizens, and you're born while they're on vacation in Timbuktu, you're still a natural born citizen.

[No Elephants]

36. Don't confuse laws made by Congress with the clause in the Constitution that requires

the President to be a natural born citizen. Only the Supremes get to say what the Constitution means, not Congress. The Constitution gives Congress the ability to make laws, including naturalization laws, but those laws have nothing to do with qualification under the Constitution to be POTUS.

[Warren Stupidity]

17. Please list all of the previous occasions when

a president-elect or a serious candidate for president had his or her birth certificate officially verified.

[Sirveri]

30. My guess is that it's part of the vetting process.

I don't think any candidate is allowed to run if they can't prove that they're elligible for the position.

I have to provide proof that I'm legally entitled to work in the US when I apply for jobs too. So my guess is that every single candidate submitted it when they announced their primary bid.

Do I have proof, no, not really, but it makes sense to me. The fact that some people are trying to use it to bash Obama isn't much of a surprise either. They'll bash him for anything that's remotely possible.

[Warren Stupidity]

33. There is no official vetting process

You can guess all you want but there is no formal application procedure for 'running for president'.

[Land Shark]

20. That's an insult to the American people (the ones who replaced King George in 1776)

The American "we the people" are SOVEREIGN, the only legitimate source of power and collectively the ultimate power. We the people created the Constitution to limit the powers of government and protect individuals as against government (the Bill of Rights, other rights reserved).

THe Constitution does not apply to limit the power of the People. That turns the Constitution on its head, weaponizes the Constitution, and uses it against the people's choice.

The Constitution doesn't even protect us a bit from Corporations, because it doesn't apply to limit private sector powers.

We the People, the Constitution is our baby. There have been several Representatives and Senators who served being too young for the office. That's another birth certificate issue, if you think about it.

We have to put up with a bezillion broken campaign promises, wars we don't want, constitutional violations amuck, torture, and the Constitution's considered a matter of opinion. So, it's "important" that technicalities override the will of the people, or that they attempt to override the will of the people?

THe People are Sovereign -- the exception is fundamental and inalienable individual rights. That's not the case here.

[Sirveri]

31. I agree that it's stupid. But it's also the rules, you can't blame others

for using the rules to THEIR advantage. The CA GLBT community is using the RULES to try and overthrow prop 8 based on what is essentially a technicality. I mean the majority might have voted for 8 right, so the GLBT community should just lay down and take it right. The people are sovereign right? We both know that's BS. If they(anti-Obama people) want to waste time and money on something that was already given to the presidential election committee, go ahead. The fact of the matter here is that Obama followed the rules, he was eligible, and these people are retards. But they do have the RIGHT to challenge it in court.

[No Elephants]

38. Actually, this case says that the plaintiff lacked standing, which means

he does NOT have the right to challenge it in court.

[Sirveri]

44. Right, because the issue had already been settled by CREDIBLE

authority. This is and has been a settled issue and they're just blowing smoke. But they do at least have the right to blow as much smoke as they want, no matter how annoying and stupid it is. It makes me feel sorry for them, not demand a change so that nobody can use the courts.

[No Elephants]

37. The people ratified the Constitution. There is a process for amending the Contstitution, which

also requires the people. You do not amend the Constitution simply by electing someone like Ahnuld. And ratification of an amendment requires more than a simple majority of those who went to vote in November.

Would you claim that electing someone who wants to abolish free speech, for example, amends the Constitution?

[No Elephants]

35. Yes, but there is no doubt at all the McCain was NOT born in the U.S.

[saracat]

9. Actually, they did. I remember his having to produce it and have it verified because he was born on

a military base. This was an issue in 2000(1999) AFAIR.

[Ken Burch]

15. They couldn't. The stone tablet was too heavy to lift.

And nobody can read cuneiform anymore.

[No Elephants]

39. LOL

[Ms. Toad]

18. Well...now that you mention it, yes.

there were at least questions raised as to whether McCain was eligible to become president because McCain was not born in the United States: http://www.iht.com/articles/2004/06/02/expats_ed3_.php , http://www.nytimes.com/2008/07/11/us/politics/11mccain.html

[bluestateguy]

4. These people just keep on suing and suing

Can't there be some kind of blanket court order to bar all lawsuits concerning this frivilous subject?

[eleny]

5. Well, one of these guys is going before the SCOTUS

Justice Souter is handling it.

[scytherius]

11. It's actually before Thomas now who has it set for hearing on whether

to grant the Writ of Cert. I think it's set for Dec 5. If 4 judges vote to grant the writ than a hearing is set. I would be quite surprised if they grant it (this is just standard procedure by the way so don't read anything into it.). And even if theny DO grant it, it's only to hear the issue of whether or not there is standing for a court to have a hearing on the merits.

These guys probably embarrass conspiracy theorists.

[PatGund]

13. Both of you are right...

Souter is handling Berg's case

Thomas is handling Domofrio's case.

[eleny]

16. I forgot about it going to Thomas - thanks

[Land Shark]

21. Berg's case dismissed by Souter on 11/3 per supremecourtus.gov

[mzmolly]

8. They sue while complaining about frivolous lawsuits no less.

:crazy:

[merh]

27. Don't you know, lawsuits are only frivolous if injured plaintiffs are trying to recover

damages and/or hold their doctors responsible for malpractice. :eyes: :freak:

[JDPriestly]

10. Alan Keyes brought a lawsuit in California.

Alan Keyes Lawsuit: "Obama, Prove You're A Natural-Born Citizen Before You Take Office"

Former presidential candidate Alan Keyes (pictured) and other members of the American Independent Party have filed suit in California Superior Court to stop the the California Secretary Of State from giving its 55 electoral votes to President-Elect Barack Obama until documentary evidence is provided that proves he is a natural-born citizen of the United States and thus meets the U.S. constitutional requirement to take office. The certified Electoral College tally occurs next month. The Keyes v. Bowen petition for writ of mandate can be read here.

There have been other legal challenges filed in 17 other states, but all of the ones reviewed thus far (all of them haven't been reviewed yet) have been dismissed because the plaintiffs were judged to lack standing to bring suit. However, Mr. Keyes, who is conservative, was the American Independent Party candidate for president and thus may be considered to have standing to bring charge as a plaintiff.

http://www.bookerrising.net/2008/11/alan-keyes-obama-must-prove-he-is.html

Keyes' complaint suggests that Obama could not be president if he has dual citizenship. That is not what the Constitution says. In fact, some of our early presidents may, arguably, have had dual citizenship. You don't lose your citizenship in some countries even if you become a citizen of a new country. Some countries impose the duty of military service or a financial substitute on those the countries consider to be citizens even though the individuals consider themselves to be Americans.

There is utterly no evidence that Obama was born anywhere other than the United States. Hawaii was a state at the time Obama was born. There is no evidence that his mother gave birth to him outside the U.S. Keyes' challenge is just silly.

If Obama was born in the U.S., he is an American citizen. That's all it takes. Lots of Americans born abroad are natural born U.S. citizens and some of them have dual citizenship (if one of their parents was the citizen of a different country). I know this because my children were born overseas and I had to apply for an American passport when they were babies. We would have been told a long time ago if Obama's mother had gotten a U.S. passport for him shortly after his birth. Didn't happen. Even babies have to have passports to travel into the U.S. That was as true then as it is now.

This lawsuit is a nuisance and a waste of taxpayer money.

[Land Shark]

23. The facts around this don't matter, the sovereign We the People ratified/assumed the risk

If you think about it, we have to live with serious broken campaign promises of major magnitude, unwanted wars, etc., and no power of recall of the president -- we're stuck for four years.

So Alan Keyes, supported by almost no one, things he can overrule the People on an issue raised and dismissed by the people -- they tried mightily and got zero traction on it.

[PatGund]

12. And he STILL hasn't mentioned it on his blog..... :-)

That's anti-semite Andy Martin for you though.

What's funny is the "We The People Foundation" want to have a forum at the National Press Club next month with ALL the lawyers that have filed suit on this matter. They also plan to send copies of all the lawsuits to the members of the Electoral college.

Yeah, send them a batch of dismissed cases Good luck with that

[Number23]

19. Anyone who thinks that this will stop the Freepers and the fools who support them

will soon learn that this means NOTHING in terms of defeating their idiotic quest for "da troof."

If anything the more lawsuits that get thrown out, the more these lunatics will start suing. I don't think folks will let this foolishness go until one of these @ssholes actually does jail time for clogging up the courts with BS.

[agent007]

22. The loony had it coming

Obama's birth certificate is authentic and no one can prove otherwise.

[Lars39]

25. Welcome to DU,agent007

:toast:

[Land Shark]

26. Agent 007 welcome to DU post #1 -- but it doesn't matter what gets "proved" here

The issue was raised in the campaign and rejected. We sure get the downside of being stuck with presidents for four year terms who lie us into wars and so forth. We can't enforce campaign promises like "warranties" -- only at the polls and via impeachment, there is no recall. We get our politicians "as is" after the campaign practices of "kicking the tires".

The real crime here is the crime against democracy. They want to weaponize the Constitution and use it against the sovereign We the People when no fundamental individual rights are implicated, nor are fundamental rights of public participation implicated.

Several people have served in the House and Senate who were "unqualified" under the Constitution's age requirements, -- another birth certificate issue. They served their full terms.

[No Elephants]

40. Which people served in the House and Senate who were unqualified? No one challenged? Not even

the person who ran against them?

[kestrel91316]

41. Time for you to start naming names of anyone who served in Congress

who was not legally qualified. Oh, and explain why their opponents sat back and said nothing about it. Because their opponents are the ones with standing to challenge them.

[47of74]

29. Ha ha right wingers...now go crawl back in your holes.

[silverojo]

32. The Freeptards are, no doubt, shitting themselves

And I'm ROTFLMAO! :rofl:

[NutmegYankee]

42. This will never go away - Never stop

It has become a conspiracy theory! Just like JFK or 9/11, no amount of evidence and fact will ever stop them from seeking "Truth". They will continue until they die of old age.

[IndianaGreen]

43. It's a cottage industry, just like the Arkansas Project was

These people have nothing to offer the country other than what we got for the past 8-years.