Charles F. Kerchner, Jr, Lowell T. Patterson, Darrell James LeNormand, and Donald H. Nelsen, Jr.,
Barack Hussein Obama II, President Elect of the United States of America, President of the United States of America, and Individually; United States of America; United States Congress; United States Senate; United States House of Representatives; Richard B. Cheney, President of the Senate, Presiding Officer of Joint Session of Congress, Vice President of the United States and Individually; and Nancy Pelosi, Speaker of the House and Individually,
Did you know that “on November 4, 2008, Obama defeated John McCain in the general election with 365 electoral votes to McCain’s 173″. That’s what the lawsuit says. Not quite sure why, though. It’s inclusion does raise the fact to fantasy ratio quite a bit.
He even trots out the ambassador tape and cites as authority WorldNetDaily. I’d take the Wikipedia over WND any day. It has the fake foreign registration in Hawaii thing.
Oh lookie! “Obama also stated publicly that he traveled to Pakistan in the 1980s. But such travel was forbidden to American citizens at that time.” Attorney Mario Apuzzo, you better pray no court reads this or at the very least you’ll have a very bad day.
You can read Kerchner v. Obama here on Obama Conspiracy Theories.
You know, I really hate answering these crappy lawsuits. They insult my intelligence and I’m angry that I have to put up with them. But since this seems to be the suit du jur. The allegations against Obama start at point 32 ((numbers from 2nd Amended Complaint). I’ll quote the lawsuit in italics.
32. Obama has not met his burden or otherwise adequately proving that he is an Article II “natural born Citizen” of the United States of America.
The lawsuit does not argue that such a burden exists.
33. Unlike all previous elected Presidents of the United States that were born after 1787, Obama is not an Article II “natural born Citizen” of the United States of America.
No reason given.
34. Obama has not met his burden or otherwise adequately shown that he was born in the Unites States of America.
While there is no such “burden”, the President did offer a copy of his Hawaiian birth certificate on the web and to an independent fact checking organization.
35. Obama’s campaign posted the electronic image of a “Certification of Live Birth” (COLB) online in June 2008 after numerous questions arose regarding his birth place and citizenship status, but this document is not the best evidence (ENDNOTE 9) and does not sufficiently prove that he was born in Hawaii because at the time of his birth Hawaii granted such documents to parents whose children were born outside the United States. Obama’s spokespeople and lawyers have routinely called a Certification of Live Birth (COLB) a “Birth Certificate” which is a false statement. Rather than producing the original and authentic, long-form, Certificate of Live Birth (BC) in support of any of his motions to dismiss actions filed against him, he has incorrectly asked the courts to take judicial notice of public news reports that are erroneous, misleading, and incomplete as proof that he was born in Hawaii.
Endnote 9. One reason to doubt the online posted Certification of Live Birth’s (COLB’s) validity is that at least two document examiners opine that the digital image and the source documents to make the images were forged. This doubt alone is sufficient to require Obama to produce the original long form birth certificate. Additionally, even the United States Supreme Court warns that electronic orders may contain “computer-generated errors or other deviations from the official printed versions.” Indeed, the Court does not trust computer-generated documents and requires a follow up of them with its paginated versions in paper print. Furthermore, in cases of discrepancies between the print and electronic versions of orders, the print version controls. http://www.supremecourtus.gov/orders/08ordersofthecourt.html Surely, the plaintiffs are therefore justified in demanding that defendant Obama, the sitting President of the United States, produce for public inspection and examination by expert document examiners the paper version of his original Certificate of Live Birth (Birth Certificate) rather than a questionable digital computer image of a document Certification of Live Birth (COLB) that he and/or his campaign have/has published to the world and upon which he relies to prove that he is an Article II “natural born Citizen.”
Somehow the fact that the COLB says “Location of Birth: Honolulu” has gotten lost. The key mistake here is: “at the time of his birth Hawaii granted such documents to parents whose children were born outside the United States.” That simply is not true, as shown in my article Barack Obama’s Birth Certificate Doesn’t Really Say He Was Born in Hawaii. The COLB is prima facie evidence that Obama was born in Hawaii. While the COLB is computer printed, it is also manually sealed and stamped by the state certifying its accuracy. Courts routinely use certified machine copies all the time.
36. Under Hawaiian law, a computer-generated Certification of Live Birth (COLB) is only prima facie evidence of a birth event and is not a Certificate of Live Birth (Birth Certificate).
The COLB is not a Certificate of Live Birth; it is a certified copy of a Certificate of Live Birth. The COLB is prima facie evidence OF WHAT IT SAYS, namely “Location of Birth: Honolulu”. And the COLB is most definitely a “birth certificate” in every sense of the word. It even says “THIS CERTIFICATE” down at the bottom. It is prima facie evidence of a birth event, for an infant named Barack Hussein Obama II on August 4, 1961 in Honolulu.
There are over 300 of these freaking points!
37. When we consider the following contradictory evidence, the prima facie quality of the Certification of Live Birth (COLB) must fall.
38. The Hawaii Department of Home Lands does not accept a Certification of Live Birth (COLB) as conclusive evidence for its Homeland program. From its web site: “In order to process your application, DHHL utilizes information that is found only on the original Certificate of Live Birth, which is either black or green. This is a more complete record of your birth than the Certification of Live Birth (a computer-generated printout). Submitting the original Certificate of Live Birth will save you time and money since the computer-generated Certification requires additional verification by DHHL.”
The information that DHHL “utilizes” relates to the parent’s age and their birth place, something irrelevant to the question of where the President was born. One simply cannot get around the fact that the COLB is prima facie evidence OF WHAT IT SAYS, namely “Location of Birth: Honolulu”. [Update: the DHHL web site now points out that the COLB is accepted, and that the state no longer issues the old photocopy Certificates of Live Birth.]
39. The Certification of Live Birth (COLB) does not provide the name of the hospital where the birth occurred, the name of the doctor or other person assisting in the birth, or other independently verifiable contemporaneous facts, all of which are vital corroborating evidence as to where a birth has taken place.
The COLB is prima facie evidence. Any attorney knows that needs no corroborating evidence. There is no requirement for independently verifiable contemporaneous facts. This was 47 years ago. Those folks may well be dead, and if not why would they remember an obscure birth almost five decades ago?
40. The Hawaiian law that existed in 1961 when Obama was born (Chapter 338-178 Hawaiian Statues which applied for all births prior to 1972), which allowed parents to register their foreign born babies in Hawaii, was lax in terms of assuring the integrity of the documents and did not adequately safeguard against fraud in the process.
This is a total misstatement of the law, which reads in full:
[§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.
(c) The fee for each application for registration shall be established by rule adopted pursuant to chapter 91. [L 1982, c 182, §1]
Note the “L 1982″ which means the law was passed in 1982 (not “existed in 1961″), 21 years after Obama’s birth was registered. Do you see anything about “prior to 1972″ there?
41. On October 31, 2008, Hawaii Health Department Director Dr. Fukino made a public statement that she has “personally seen and verified that the Hawai’i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.” But this statement does not, however, verify that Obama was born in Hawaii, and as explained above, under Hawaiian law, policies, and procedures it is quite possible that Hawaii may have a birth record of a person not born in Hawaii or the United States.
Hawaiian law prohibits the disclosure of information from a Birth Certificate. The statement by Dr. Fukino is therefore the most that could legally be said. However, the fact that the Director chose to say anything at all is extraordinary, and clearly consistent with Obama’s being born in Hawaii (and not with his being born anywhere else). As shown in the article Barack Obama’s Birth Certificate Doesn’t Really Say He Was Born in Hawaii it is not possible for Obama to have been born elsewhere and registered in Hawaii in 1961, and even if foreign registrations had existed in 1961, the birth certificate says Barack Obama was born in “Honolulu” and contrary to what some people say, Honolulu is in the United States, not Kenya. [Update: Dr. Fukino has since issued a statement unambiguously stating that President Obama was born in Hawaii.]
42. The document image posted on the internet is a scan of the Certification of Live Birth (COLB) document that can be easily manipulated and changed using modern computer software technology. The public and independent document examiners have not been allowed by Obama to see, handle, or examine the source paper document, the COLB.
The staff of FactCheck.org, an independent public organization were allowed to view and take close-up photographs of the COLB.
43. The last two document examiners opine that the digital image and the source paper documents COLB used to make the images were forged. This doubt alone is sufficient to require Obama to produce the original, long form, Certificate of Live Birth (Birth Certificate).
Oh, and who might those two document examiners be? You don’t even know who they are, and whether they are “document examiners”. I’m sure the judge will explain to you that this is not admissible.
44. Obama’s Kenyan paternal step-grandmother, Sarah Hussein Obama, “a very intelligent and educated citizen of Africa, a former teacher and respected evangelist throughout Africa” (October 27, 2008 Affidavit of Bishop Ron McRae), on October 16, 2008 stated twice to the repeated question that she was present at Obama’s birth in Mombasa, Kenya, per Affidavits of Bishop Ron McRae and of Rev. Kweli Shuhubia (actual name withheld for safety reasons) filed in the legal action by Philip J. Berg v. Barack Hussein Obama et al., Fed. Cir. D.PA., Civil No: 08-cv-04083. According to Kweli Shuhubia’s affidavit, upon being pressured by family members who were present during the interview, she changed her statement and then said Obama was born in Hawaii. The step-grandmother never recanted that she was present during Obama’s birth and neither Obama’s grandmother nor anyone else present during the interview could explain how the step-grandmother could be present during Obama’s birth if he was born in Hawaii.
How can there be an affidavit when the testimony is not sworn, and how can it be sworn under an assumed name? There is no “affidavit”, only an anonymous claim. This is discussed here in the article: Obama’s Grandmother says he was born… but the short of it is that the Berg transcript is edited to say something other than the original tape says (full version at the preceding link). An independent transcript of the tape shows that it clearly says Barack Obama was born in Hawaii. And I think we are entitled to ask whether Kweli Shuhubia “signed” the affidavit with a fake name out of fears for his safety or fears of a perjury conviction. YouTube videos of Obama’s uncle state that Obama was in Kenya for the first time as an adult.
45. Following Kweli Shuhubia’s interview with Obama’s step-grandmother, he traveled to Mombasa, Kenya to the hospital where Obama was born. He then states in his affidavit: “I interviewed personnel at the hospital in which Senator Obama was born in Kenya. I then had meetings with the Provincial Civil Registrar. I learned there were records of Ann Dunham giving birth to Barack Hussein Obama, III in Mombosa [sic], Kenya on August 4, 1961. I spoke directly with an Official, the Principal Registrar, who openly confirmed the birthing records of Senator Barack H. Obama, Jr. and his mother were present, however, the file on Barack H. Obama, Jr. was classified and profiled. The Official explained Barack Hussein Obama, Jr. birth in Kenya is top secret.”
An affidavit by someone with a fake name is not evidence. And why is the registrar’s name not given? Very suspicious. Given that Barack Obama was registered in Hawaii on August 8, an August 4 birth date in Kenya is barely credible.
Do you see a pattern emerging here? Document examiner won’t give a real name. Kenyan “bishop” won’t give a real name.
46. The Kenyan Ambassador to the United States, Peter N.R.O. Ogego, acknowledged on November 6, 2008 during a radio interview with Detroit radio talkshow hosts Mike Clark, Trudi Daniels, and Marc Fellhauer on WRIF’s “Mike In the Morning,” when specifically asked about “President-Elect Obama[‘s]” birth place that he was born in Kenya and that his birth place was already a “well-known” attraction. http://www.worldnetdaily.com/index. php?fa=PAGE.view&pageId=82031. The Ambassador later said that he believed that the interviewers were asking him about Obama’s father and not the son.
This is a joke right?
Ogego’s assistant insisted he was speaking about Barack Obama Sr., and not President-elect Obama.
WND asked, “Is Obama’s birthplace in Kenya?”
The woman replied firmly, “No.”
47. Obama’s half sister, Maya Soetoro Ng, and Obama have made conflicting statements concerning in which Hawaiian hospital he was born. She says he was born in Kapiolani Hospital in Hawaii but Senator Obama in his biography posted on Wikipedia says he was born in Queens Hospital in Hawaii.
There is no biography by Senator Obama on the Wikipedia, and the Wikipedia article on Barack Obama says:
Barack Obama was born at the Kapi’olani Medical Center for Women & Children in Honolulu, Hawaii, United States
48. There is no Hawaiian hospital that has verified and confirmed that baby Obama and/or his mother were present in any such hospital at the time of Obama’s alleged birth in Honolulu.
The Privacy Rule pursuiant to the Health Insurance Portability and Privacy Act of 1996 precludes hospitals and health professionals from releasing such information. [Update: However, at the 100 Anniversary celebration of the Kapi'olani Hospital, Congressman Abercrombie of Hawaii read a latter from President Obama declaring that he was born there.] [Update: the Wikipedia article now says Obama was born at the Kapi'olani Maternity and Gynecological Hospital (the former name for Kapi'olani), which just goes to show how useless the Wikipedia is as evidence. Any fool can change the Wikipedia.]
49. Attorney Philip Berg has served subpoenas on the hospitals mentioned by Obama and his half sister as the place where Obama was born to obtain the medical records which would show the fact of Obama being born in either one of them but Obama has refused to sign the consent that the hospitals need to release the documents.
There is no evidence anyone asked Obama to sign release forms, nor any evidence such medical records still exist after 47 years.
50. Not a single person has come forward, not a doctor, nurse, hospital administrator, nor any one else who may have been a witness to Obama’s alleged Hawaii birth.
It was unremarkable birth 47 years ago. A report that Dr. Rodney West commented on Obama’s birth appeared in the Buffalo News. Dr. West died last year at age 98.
51. For reasons known only to him and relying on state privacy laws, Obama has refused to publicly release his original Certificate of Live Birth (BC) even though in his book, Dreams from My Father, he stated that he has it.
Obama released a certified copy of his birth certificate in June 2008, which is prima facie evidence that he was born in Honolulu.
52. Fightthesmears.com, Factcheck.org, and Snopes.com have not provided any credible and sufficient corroborating evidence on the birth place issue after the questionable COLB was posted on the internet and discredited by at least two digital image and document examiners.
Internet should be capitalized. FactCheck.org sent staff to physically examine and photograph the COLB. (See Factcheck.Org – Born in the USA.) The two examiners are fictional characters. One (techdude) stole his published credentials from a real person, and most Obama critics have disowned him. The other Roland Polarik published altered images in order to “prove” forgery. Polarik too is a fictional person. Both examiners are shown to be frauds by: Bad Science: How Not To Do Image Analysis and Bad Science: How Not To Do Image Analysis Part II.
53. Obama has refused all efforts to have him release the following documents, relying on sealing of records and/or privacy laws: Punahou High School records, Occidental College records, Columbia College records, Columbia Thesis paper, Harvard College records, Selective Service Registration, medical records, Illinois State Senate records, Illinois State Senate schedule, Law practice client list, Certified Copy of the original, long form, Certificate of Live Birth (Birth Certificate), Harvard Law Review articles that were published, University of Chicago scholarly articles, exit and entry immigration records covering all of Obama’s travels out of the United States; passports; and record of baptism, if any;
First, no competent authority has asked for ANY of these documents, so exactly who has Obama refused them to? Second, what relevenace is all of this to the question of Obama’s birthplace?
54. Obama stated publicly in San Francisco to a group of voters in 2008 that he traveled to Pakistan and we know that at the time such travel was prohibited to Americans using an U.S. passport.
The travel ban to Pakistan is a bald-faced lie, first told, as far as I know by Janet Porter in an article published by a right-wing propaganda web site, WorldNetDaily. This is proved both by contemporary newspaper reports of travelers to Pakistan, and an official State Department memo about obtaining visas (in 1981 the year of the travel). See: Barack Obama traveled to Pakistan on an Indonesian passport (updated).
55. Obama has used various other names in the past, one of which is Barry Soetoro and there is no known evidence that he did any legal name change to Barack Obama.
There is no evidence of a legal name change to Barry Soetoro.
56. Other than a lone and questionable newspaper birth announcement, there does not exist one known corroborating document of any kind showing that Obama was born in Hawaii.
There were TWO birth announcements, and neither is “questionable”. And there is also an official Hawaiian birth certification that says “Location of Birth: Honolulu”.
That July posting contained a photocopy of what is most likely the first mention of Barack Obama ever published –” a tiny, one-line birth notice in the Sunday, Aug. 13, 1961, edition of The Honolulu Advertiser:
“Mr. and Mrs. Barack H. Obama, 6085 Kalanianaole Highway, son, Aug. 4.”
The exact same notice appeared the following day in the Honolulu Star-Bulletin. The numerous birth announcements above and below the Obama listing also were identical in both papers, which were unaffiliated, competing publications.
57. Obama has remained silent and has not declared publicly after his COLB was put into question that he was born in Hawaii.
He’s busy being president. Seriously, why would he say something after presenting evidence good enough for any court in the country?
58. It has been reported through various media channels that the Kenyan government has sealed Obama’s Kenyan records. http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=79174
WorldNetDaily is a far right propaganda channel, not a media channel. See article Public Enemy Number One for some of WorldNetDaily’s lies.
Did I say there were 300 of these things?
59. No member of the media, political party, the Executive Branch of Government, Congress, other political institution, Judiciary, or law enforcement entity has publicly stated that he or she has any independently verifiable and credible source documents that show that Obama was born in Hawaii.
Barack Obama provided a certified copy of his birth certification which is prima facie evidence that he was born in Honolulu.
60. New Mexico Governor Bill Richardson publicly stated during the 2008 campaign that Obama was an “immigrant.”
Another joke? It was obviously a figure of speech. And how would Bill Richardson be an authority on where Barack Obama was born?
61. Despite all the law suits that have been filed against Obama, he continues to refuse to release his original, long form, Certificate of Live Birth (Birth Certificate) and has opted instead to spend large sums of money using lawyers to defend himself and to cause the courts and litigants to expend large amounts of time and resources pursuing litigation against him and other third parties. He relies on procedural and other threshold arguments such as jurisdiction, justiciability, standing, political question, separation of powers, mootness, and ripeness rather than simply produce his original Certificate of Live Birth (Birth Certificate) and make a motion for summary judgment with prejudice as to the merits so that no other future cases can be brought against him and others on that issue which would then put an end not only to the ongoing drain of money, time, and other resources but also to the great public outrage that continues to brew regarding his birth place controversy.
It is the plaintiffs and attorneys who are wasting the public resources with meritless lawsuits, like this one.
Notably, courts throughout the nation have dismissed similar suits filed by others. See, e.g., Wrotnowski v. Bysiewicz, 958 A.2d 709, 713 (Conn. 2008) (dismissing case regarding Obama for lack of statutory standing and subject matter
jurisdiction); Stamper v. United States, 2008 WL 4838073, at *2 (N.D. Ohio Nov. 4,2008) (dismissing suit regarding Obama and McCain for lack of jurisdiction); Roy v. Fed. Election, 2008 WL 4921263, at *1 (W.D. Wash. Nov. 14,2008)
(dismissing suit regarding Obama and McCain for failure to state a claim); Marquis v. Reed, No. 08-2-34955 SEA (Wash. Super. Ct. Oct. 27, 2008) (dismissing suit regarding Obama); Hollander v. McCain, 566 F. Supp. 2d 63, 71
(D.N.H. 2008) (dismissing suit regarding McCain on standing grounds); In re John McCain’s Ineligibility to be 011 Presidential Primary Ballot in P., 944 A.2d 75 (Pa. 2008); Lightfoot v. Bowen, Case No. S 168690 (Cal. Dec. 5, 2008) (Original Proceeding) (denying Petition for Writ of Mandate/Prohibition and Stay regarding Obama); Robinson v. Bowen, 567 F. Supp. 2d 1144, 1147 (N.D. Cal. 2008) (dismissing suit regarding McCain for lack of standing and lack of a state court remedy); Constitution Party v. Lingle, 2008 WL 5125984, at * I (Haw. Dec. 5, 2008) (unpublished) (dismissing election contest challenging Obama’s Nov. 4, 2008 victory); Martin v. Lingle, No. 08-1-2147 (Haw. Oct. 22, 2008) (Original Proceeding) (rejecting original writ petition regarding Obama on several grounds); Cohen v. Obama, 2008 WL 5191864, at *1 (D.D.C. Dec. 11,2008) (dismissing suit regarding Obama on standing grounds); Donofrio v. Wells (N.J. 2008) (Motion No. AM-0153-08T2 before the N.J. App. Div.).
62. This Himalayan mountain of contradictory evidence is sufficient to cause the prima facie presumption of the COLB to fall.
You can add zero to zero all day long and it still come out zero.
Following points are repetitions. I will have mercy on myself on on the reader by skipping ahead except for mentioning one endnote.
12. From Hawaii’s official Department of Health, Vital Records webpage: “Amended certificates of birth may be prepared and filed with the Department of Health, as provided by law, for 1) a person born in Hawaii who already has a birth certificate filed with the Department of Health or 2) a person born in a foreign country” (applies to adopted children). A parent may register an in-state birth in lieu of certification by a hospital of birth under HRS 338-5. Hawaiian law expressly provides for registration of out-of-state births under HRS 338-17.8. A foreign birth presumably would have been recorded by the American consular of the country of birth, and presumably that would be reflected on the Hawaiian birth certificate. Hawaiian law, however, expressly acknowledges that its Case system is subject to error. See, for example, HRS 338-17. Hawaiian law expressly provides for verification in lieu of certified copy of a birth certificate under HRS 338-14.3. http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0338/. Even the Hawaii Department of Home Lands does not accept a Certification of Live Birth (COLB) as conclusive evidence for its homestead program. From its web site: “In order to process your application, DHHL utilizes information that is found only on the original Certificate of Live Birth, which is either black or green. This is a more complete record of your birth than the Certification of Live Birth (a computer-generated printout). Submitting the original Certificate of Live Birth will save you time and money since the computer-generated Certification requires additional verification by DHHL.” Additionally, at the bottom of the Certification of Live Birth (COLB), it states: “This copy serves as prima facie evidence of the fact of birth in any court proceeding.” Under the concept of prima facie evidence, the presumption that the fact exists fails when evidence contradicting that fact is presented and in such case the interested party needs to present other competent evidence to prove the existence of that alleged fact. If he fails to do so, the alleged fact is not proven, even if the opposing party produces no further evidence. To date, Obama has presented no additional evidence other than the internet image of his Certification of Live Birth (COLB) regarding where he was born. Hence, the prima facie validity of the Certification of Live Birth (COLB) must fail and Obama should be compelled to produce other objective, credible, and sufficient evidence of where he was born.
First, Obama is under no compulsion to provide any document in the first place. The rest are citations of Hawaiian law are misstatements, typically of laws that didn’t exist in 1961 when Obama was registered. This garbage is dealt with in my article Barack Obama’s Birth Certificate Doesn’t Really Say He Was Born in Hawaii.
Section 71 picks up with the argument that Obama is not a natural born citizen because his daddy was a Brit. Sounds like a good time to break this into another article, Kerchner v. Obama and the WHOLE COUNTRY, Part 2.