Saturday, January 14, 2012

Birthers May Finally Get Their Day in Court

The question may turn out to be, “Which Republican candidate can best beat Hillary?”

According to an action letter from Proof Positive via Conservative Contacts and the web site of Attorney OrlyTaitz, a Georgia Judge has issued a subpoena demanding Barack Obama appear in court January 26 and produce his original long form birth certificate, passport records, college registration records, and more.

Georgia became the first state to pursue Obama ineligibility complaints, and the end result may keep Barack Obama off the Georgia 2012 ballot.  A number of Georgia voters filed lawsuits questioning Barack Hussein Obama's eligibility to appear on the Georgia Presidential ballot.

Georgia Secretary of State Brian Kemp's office decided to pursue five of the ineligibility complaints.  Each complaint argues that Barack Hussein Obama II is ineligible to appear on the 2012 Georgia Presidential ballot. Secretary Kemp assigned 5 different hearings under five different judges so that the complaints could move forward.

Failure to appear on the Georgia ballot could bring Obama devastating media and cost him 15 electoral votes.

Dr. Orly Taitz, attorney for one of the plaintiffs in the Georgia eligibility cases working their way rapidly through the courts, posted a copy of what is reportedly a subpoena, issued by Judge Michael Malihi of Georgia.

Georgia Judge Michael Malihi ordered Obama's attorneys to appear in court January 26, holding that, according to state law, every federal and state candidate must prove eligibility for office – including Barack Obama.

The White House's badly forged "birth certificate" has not ended the debate on Barack Obama's eligibility. Rather, it has opened the door for further allegations of fraud and ineligibility.  The subpoena demands that Barack Obama personally appear in court on January 26 and bring with him a a "birther's" dream list of official documents that will prove or disprove his eligibility for office.

Unlike previous cases, where only certain documents were requested or discussed, this subpoena issued by Judge Malihi includes every document that serious eligibility experts have been discussing from the beginning. 

The list requires Obama to produce each of the following:
  • Any and all certified birth records including a long form birth certificate.
  • Certified school/university registration records. Certified immigration/naturalization records.
  • Certified passport records
  • Redacted certified Social Security card applications for each of the aliases and other legal names used by Barack Obama, including but not limited to his legal surname when adopted by step-father Lolo Soetoro

In addition, Judge Malihi has reportedly also subpoenaed Hawaii Health Department officials and commanded them to produce an original certified copy of Obama's long form birth certificate.

In an order written January 3, 2012, Malihi ruled that Georgia state law is very clear – any candidate for federal or state office must meet the qualifications of that office and that Georgia electors have the right to challenge those qualifications in court.  Accordingly, Malihi flatly denied Obama's motion to dismiss and scheduled a hearing for January 26.

Obama has some of the highest-rent attorneys in the country working to keep the question of his eligibility for office out of court.  And no wonder, because whether he was born in Hawaii or not, according to binding precedents laid out by the Supreme Court, Barack Hussein Obama II does not qualify as a natural born Citizen.

Georgia resident Kevin R. Powell wrote in his complaint, "Barack Hussein Obama II has publicly admitted his father Barack Obama Sr. was a Kenyan native and a British subject whose citizenship status was governed by The British Nationality Act of 1948.  Barack Obama Sr. never became a U.S. citizen.  Therefore, Barack Hussein Obama II is not now and never can be a natural born citizen of the United States…"

The U.S. Constitution very clearly requires, in a unique usage and application of the term, that the president must be a "natural born Citizen" to be eligible for the nation's highest office.  "Natural born Citizen" is demonstrably held by the Founders in Article II, Section 1 as distinct and different from "Citizen" and even "native born Citizen" – that is, born under jus soli, on native soil.

In the Founding era, the common law view held that a natural born Citizen was born within United States territory to parents who were themselves United States Citizens.

In the 1875 unanimous Supreme Court ruling of Minor v. Happerset, the Supreme Court explicitly held a "natural born Citizen" to be a Citizen whose parents were both U.S. Citizens at the time of the person's birth. 
This finding was, and continues to be, fully consistent with U.S. history in Supreme Court case decisions and with laws enacted and enforced by the United States Congress.

By Barack Obama's own admission, his father was a native of Kenya and was NEVER a U.S. Citizen.  Therefore, Barack Hussein Obama II would, under long-standing custom, common law, and Supreme Court precedent, automatically be ineligible to hold the office of President of the United States.

The January 26th hearing should be a blockbuster.  It is the first in the nation that proposes to consider on the merits whether Barack Hussein Obama II is eligible to be President of the United States of America.

This article was re-written from a letter from Americans United for Freedom,

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