Judge David Carter
Federal Judge David Carter has set a date of January 26, 2010 for a lawsuit questioning Barack Obama‘s eligibility to hold the office of President of the United States based on his “natural born” status.
Judge Carter dismissed Obama attorney team requests for a dismissal of the case, cutting them off several times and saying that “this is a very serious case” which must be resolved quickly for the sake of American troops stationed overseas in the battlefields of Iraq and Afghanistan.
Witnesses report that Obama’s two attorneys left the 90-minute hearing looking “defeated and nervous.”
Judge Carter ordered early discovery for the trial back on Sept. 15th. The issue of early discovery means Obama’s lawyers must produce documents, including his hospital records, birth certificate, name of doctor, and all of the signatures, proving his natural born status within 30 days.
Should the case actually go to arguments before Judge Carter, it will be the first time the merits of the case will be heard in an open court.
Related posts:
It is about time to get this situation solved and published for certain.
"Hospital: Kapiolani Medical Center for Women & Children"
Why does he quote a different hospital in his book?
And WHO CARES where he was born – he is not a natural born citizen since he was governed by the British at birth as he admits. Natural born – subject to the jurisdiction of – in law meaning subject ONLY to the jurisdiction of. He is ineligible due to his father's citizenship, or lack thereof.
TY.
But see? He will have plenty of time to finish us off before then. Look at what damage he has done since January.. WOE came upon the USA and all her citizens on that day. Even the ones who are still too blind to see it.
Wanda, LOL: “But see? He will have plenty of time to finish us off before then.” I’m still laughing.
Please remember to cover Judge Carter in prayer. There’s no telling what the Chicago mobsters would plan to do in their desperation. Now the rubber meets the road. Justice has resurrected.
The Dems passed a resolution so that John McCain could legally run for President, as we all know he was BORN in PANAMA!
POTUS 44′s B/C has been posted by him online for more than one year! LOL
It’s a vast Conspiracy…poof! easily solved using E-Verify, reaffirms and further validates ’44′s Hawaiian birth.
http://hawaii.gov/health/vital-records/vital-records/vital_records.html E-Verify provides $5 Vault Copy B/C verification of the stated & posted facts anyone can call or email the State of Hawaii, Department of Vital Records @ 808) 586-4533, email at vrinfo@doh.hawaii.gov to verify the validity of the Hawaiian certified B/C as has been posted.
Certificate Number 151 1061 010641
Child Name: Barack Hussein Obama
Mother Name: Stanley Ann Dunham
Father Name: Barack Hussein Obama
D.O. B. August 4, 1961 at 7:24 P.M.
City of Honolulu
Island of Oahu
County of Honolulu
Hospital: Kapiolani Medical Center for Women & Children
NOTE: you must also provide them with your name, address and all pertinent contact information including your ID or Drivers License Number.
http://www.politico.com/news/stories/0209/19450_Page3.html
Also proves that the valid B/C has been posted online since last year & has been verified to be a VALID copy of President Obama’s B/C., the US Supreme Court, Secret Service, US Capital Police, et al have also affirmed this long ago!
Even WNutD! Confirms POTUS Obama’s VALID B/C: “8/23/2008 Drew Zahn a separate WnetD investigation into the Obama Birth Certificate utilizing forgery experts also found the document to be AUTHENTIC.”!
Here is the CERTIFIED COLB that birthers “Say that they want to see” http://www.factcheck.org/UploadedFiles/birth_certificate_5.jpg _1-9.jpg are also available for your inspection.
Pundit:: You keep spewing the same garbage that is nonsence.
Obama's long form birth certificate has NEVER been released. The only thing released is a affirmation that the hospital and state have the long form.
Why does this remain hidden when the issue would all go away if Obama just released the actual long form that would have been filled out and filed when he was born.
As to the gentleman who says Obama is not a natural born citizen, you have been brainwashed by the right wing fringe.The Fourteenth Amendment as construed in the case of United States vs. Wong Kim Ark (169 D. 8. 649) provides that every person born within the territorial limits of the United States, even though his parents be aliens, and of a race the members of which are by law excluded from naturalization, are natural-born citizens. Under certain circumstances persons born outside the territorial limits of the United States are deemed natural-born citizens, as for example, children of American citizens visiting or traveling abroad. The father must, however, at some time have resided in the United States. Only natural-born citizens are eligible to the offices of President and Vice-President. See Citizenship In The United States; Naturalization, Law of. References: G. W. Garner, Intro, to. Pol. Sci. (1910), ch. xi; F. Van Dyne, Citizenship of U. S. (1904).”
The SCOTUS has already ruled several times on the definition of “natural born citizen” (PERKINS v. ELG; US v. Wong Kim Ark.)
It is without question that a citizen born on US soil is natural born. The US Code also defines provisions under which foreign born children are natural born. All we have now is a case of semantics, and the citizenship brigade trying to redefine long-understood definitions of natural born citizenship by creating arbitrary terms in an attempt to find a rope with which to hang Obama. Any “citizen at birth” is natural born. There is no intermediary classification between natural born and naturalized. You’re either one, the other, or not a US citizen.
If they want to change that, they’ll have to create a new law. No amendment would be required, as nowhere in the Constitution is natural born defined. Any law that gets passed won’t have any bearing on Obama, though. Congress will make certain of that.
But let’s just pretend that this isn’t insane, and consider that Obama may have been born in Kenya even though his mother was NEVER in the country. The argument has been that Obama’s mother would have to have been at least 19 (5 years of presence in the US after age 14) in order to pass natural born citizenship to baby Barry due to differing laws for married or unmarried mothers overseas. But even if he was born in Kenya, his mother & father’s marriage in the US was illegal and not recognizable by the US. So he was born out of wedlock, and the natural born laws require only 1 year of physical US presence by an unwed mother prior to birth overseas.
The other claim is that he lost his citizenship when his mother married Lolo Soetoro in Indonesia and Lolo adopted him, despite the lack of any proof whatsoever that he was ever officially adopted. They claim that he first lost citizenship because his mother did by marriage, effectively passing her citizenship to him and renouncing his US citizenship – WRONG. And then lost it through adoption by Lolo – WRONG. You have to voluntarily and deliberately renounce citizenship, and you can still obtain citizenship in another country with the intent of remaining a US citizen. So any adoption or marriage would not have automatically renounced citizenship, especially for a minor child unaware of what was going on.
The laws straight from the State Department website regarding all of this are listed below.
[b]Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother[/b]: A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309© INA if the mother was a U.S. citizen at the time of the child’s birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.
Lindsey Graham was correct. Birthers are nuts.
The Constitution says:
"No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States."
Originalism forbids interpretation. It says the document is what it is. We'll never know what the Framers meant, so the safest thing to do is exactly what they say.
Now let's talk about the phrase "a Citizen of the United States at the time of the adoption of this Constitution."
According to the clear letter of the law of the United States Constitution, Barack Obama can't be president, even if he was born in Hawaii, because Hawaii wasn't a state when the Constitution was adopted.
In 1788.
For their own impenetrable but absolutely unambiguous reasons, the Framers made a rule that says you can only be president if you were born in one of the original 13 colonies.
Read it again. It's not just about where you were born. It says you can never be president unless you were alive in 1788. "No person except a natural born Citizen, or a Citizen of the United States, AT THE TIME OF THE ADOPTION OF THIS CONSTITUTION, shall be eligible to the Office of President;"
I'm not saying we can't nullify the election. I'm just saying we can't do it without interpreting the Constitution. And we can't interpret the Constitution, because then we'd be no better than one of those activist judges who legislates from the bench.
Good! Now after President Barack Obama's citizenship is proven to be legitimate, lets demand that Richard Gage's testimony (http://www.ae911truth.org/downloads/29_Structural-Civil_Engineers_2009-06-17.pdf) be heard in his court. If the judge refuses, then you know it's a partisan witch hunt on the part of Carter.
You Obots will post ANYTHING to protect your straw dog! If that was really pulled from E-Verify then we are really in trouble because it would mean E-Verify is not reliable. How would E-Verify get information no one else has been able to get for over a year. If they actually did post this then that opens the door to the Freedom Of Information Act. We get to see where they got their information and can see how E-Verify qualifies 32 million illegal aliens. Personally I believe it'd BS!
YABADABADOO! If the "Annointed one" is convicted of fraud, Biden is gone, pelosi is gone, Howard Dean is gone and someone (possibly Hillary) is put in place until a QUALIFIED candidate can be elected. poetic justice if it is Hillary, sine Michelle was the main reason she wasn't picked as VP!
I can't help by being impressed by a lack of rigor in looking at this issue. America and most countries have several different ways of awarding citizenship. For most countires including America, simply being born on American soil allows you to claim citizenship. However, if one or both of your parents are from another country, you can also claim citizenship in that country. Back in the 60's when Obama was born, American law provided that the child born on American soil could claim citizenship. Obama could also claim citizenship through his mother who was an American. Had he wanted to, he could have investigated British and Kenyan citizenship based on his father's citizenship. But he didn't as based on his actions, he has seen himself as American. As long as it can be shown that he was born here in Hawaii, then he satisfies the constitutional requirements.
Frankly, he has shown himself to be an American. I find it interesting that as most of us we are decendants or immigrants ourselves (Native Americans would be exempt from this), we should be welcoming of other immigrants and their children. Or are so ungrateful for the blessings that have been given to us that we don't want to share them?
iseethetruth, does he really give a different hospital in his book? Which book, and what hospital does he name?
Also, I was always taught that anyone born in the U.S. was a Natural Born Citizen. Can you tell me why that's not true?
Pundit… It is my understanding that both John McCain’s parents were citizens of the US for more than 5 years after the age of 16. Therefore, McCain didn’t need any special resolution. He qualified by the rules and well within guidelines. Whereas, Obama’s mother was only 18 when she gave birth to him in Kenya. (Even if she had given birth in Hawaii… it was not a US state at that time.)
Obama needs to step down or be put down.
I found this on thebirthers site…It really helped me to feel confident about
who is qualified to be POTUS…
Since our federal common law starts with Vattel’s Law of Nations it is natural that we look there first to see if the meaning of a natural born citizen can be found that would satisfy the concerns of our Founding Fathers.
Lo and behold, we find in Book One, Chapter Nineteen the following,
§ 215. Children of citizens born in a foreign country.
It is asked whether the children born of citizens in a foreign country are citizens? The laws have decided this question in several countries, and their regulations must be followed.(59) By the law of nature alone, children follow the condition of their fathers, and enter into all their rights (§ 212); the place of birth produces no change in this particular, and cannot, of itself, furnish any reason for taking from a child what nature has given him; I say “of itself,” for, civil or political laws may, for particular reasons, ordain otherwise. But I suppose that the father has not entirely quitted his country in order to settle elsewhere. If he has fixed his abode in a foreign country, he is become a member of another society, at least as a perpetual inhabitant; and his children will be members of it also.
http://thebirthers.org/misc/MakeThemNBCs.html
Obama was elected President. He submitted a COLB that is the legal form of proof of birth in Hawaii. The Congress voted unanimously to congratulate Hawaii on 50 years of statehood and declared it to be the birthplace of Obama 378-0. It is virtually impossible to overturn this situation.
The State of Hawaii has certified that the President was born in the State of Hawaii, in the city of Honolulu. What is then required is to determine if the certified record of birth that the State of Hawaii has provided is sufficiently proven under the law to be held as valid? The question becomes; ‘Is the short form Birth Certificate that was issued by the state of Hawaii sufficient to prove birth in the United States?’ The ‘Full Faith and Credit’ section of the Constitution provides that Congress may prescribe the manner in which the records of a state may be proved.
In order to determine what threshold of proof is for ‘Birth Certificates’ we must look at what the laws passed by the Congress have to say in this regard. There is no specific law that has been passed by Congress that is directly aimed at proving the authenticity of a state issued Birth Certificate, but there is clear guidance in this matter. Congress has specifically authorized a means for a citizen to prove citizenship, and this authority has been provided under a General Law. In 2000, Hawaii went to a paperless system and had to receive approval from Congress to use a “short-form” and to eliminate the “vault” or “long form” entirely.
The Congress has granted the Secretary of State, and by implication the Department of State, the authority to issue Passports under US Code, Title 22, Chapter 4. The granting of authority to the Department of State to issue a Passport implies that the authority to prescribe the manner in which citizenship must be proved has also been granted.
When this authority has been granted to a federal Department or Agency, the rules that the Department or Agency will use are then promulgated as regulations. These regulations are maintained as part of the Code of Federal Regulations (CFR). The Department of State has issued regulations under CFR22.51.42 that state the following requirements for a citizen to prove birth in the United States:
(a) Primary evidence of birth in the United States. A person born in the United States generally must submit a birth certificate. The birth certificate must show the full name of the applicant, the applicant’s place and date of birth, the full name of the parent(s), and must be signed by the official custodian of birth records, bear the seal of the issuing office, and show a filing date within one year of the date of birth.
The State of Hawaii has issued a Birth Certificate that meets all of the requirements of CFR 22.51.42. That Birth Certificate is certified by the State of Hawaii, and is considered proven by the Laws of the United States. It will be up to anyone who challenges its authenticity to prove, by a preponderance of the evidence, that the Birth Certificate is actually invalid. The Certification of Live Birth provided by Obama is LEGAL under Federal law for passports, drivers licenses, running for office, etc.
There is a very high standard of proof that must be met in order to override the Constitutional ‘Full Faith and Credit’ standard granted to the State of Hawaii in this matter. That standard of proof would require that the complainant show proof that there was an actual fraud committed by the State of Hawaii in the certification of that Birth Certificate, or that the certificate itself was fraudulent. Either way, the burden of proof rests with the complainant. Merely making accusations that this may have happened is not sufficient.
This would be true even if a foreign power were to present a Birth Certificate that was claimed to show birth in another country. Under the standard of ‘Full Faith and Credit’ that is specifically provided for in the Constitution, the public records of the State of Hawaii would take precedence over the public records of any foreign power. In order to meet the required burden of proof, the foreign record would not only have to be proven as true, but also the State of Hawaii’s record would have to be proven separately as false.
Demanding President Obama’s birth certificate is the 21st century version of 19th century demands of newly freed slaves: SHOW ME YOUR PAPERS. And when they did they were still lynched. Because hatred makes you blind. You Birthers have zero chance of displacing Obama from the presidency and your stomping your feet like a little girl (or boy) won’t change a thing. It just makes you look stupid.
this is good, it will prove one way or the other, end of story! ( oh and btw, mccain was born on a military base, that is the same as being born on american soil … i dont care for mccain, but i have to point out the obvious) bottom line is, exactly where was his mother located the moment she gave birth. no arguements needed, just an answer. i personally believe he was probably born in a hawaiian hospital, i just dont think that things would have gone this far if not so. but, i dont know for sure, and we do need to settle this matter. so both sides bring your evidence and we will see what happens.
No, Judge Carter has not denied the Motion to Dismiss. It will be heard on Monday, October 5, and he made it clear that the scheduling of the trial is tentative pending the outcome of that hearing.
Stay tuned!
The records and this question needs to be answered. Obama was never vetted for the Office of the President. Producing a copy of a photograph of a Certification of Live Birth is not vetting. Every person that voted for Obama assumed that the Democratic Party had done its job and vetted Obama before they placed his name on the primary ballot. It is clear that was not done. Try and find any statement from the Democratic National Committee verifying they vetted Obama. That is what is driving this. Obama’s sealing his records and refusing to produce his vault birth records have only added fuel to this fire.
If discovery is opened it should only take 90 days to obtain the records and experts can then examine them and an answer given on this question.
iseethetruth.
You're full of it
America just wants to know the TRUTH. Why not let us all see the actual “Birth Certificate”…. not just a documnet stating that he is alive. Why the secrecy?
i am glad to see this if he isnt a citizen then start impeachment.
You would think that if he had a valid B/C, his attorneys would have surely thought to present it to the court before they were told to hit the road and get the proper documents to verify this so it COULD HAVE be thrown out. But NOoooooo!!
Apparently they did not do this. Idiots. I think I would find different attorneys if I were President Obama.
We are faced with a Constitutional crisis. A foreign occupier is ruling America! He, and his stooges are trying to hide that truth. And to those dimwits on the left who use the term “birthers”, these are the same morons who believed every conspiracy theory about the Bush family. Remember, the book, “The October Surprise” by Gary Sick? Now who’s crazy? You have to show your b.c. to get a passport, ect. WE are the ones who have a right to see it!
Funny. I thought the hearing on the motions to dismiss was scheduled for next Monday.
If he had nothing to hide would have produced the documents way long ago. To have it get to this tells me that there is a fox in the hen house…or white house..lol. They’d better do some carbon testing on the ink on those documents as me thinks some forgery could be in the works. Carbon testing will let us know how hold the document is. Again..if he had nothing to hide would have produced these documents without the need for a trial..or any court involvement.
oh yeah..and NO copies allowed !!! We want to see the original document.
All you people are idoits!
I cannot believe that this has gone on this far.
How about charging Chaney for lying? How many people had died because of the Bush, Chaney doctoraine, how about the tourture?
And only thing you guys have to bitch about is a birth certificate that was verified to be real.
GIVE IT UP YOU CRAZY,STUPID,RIGHT WINGERS. HE IS THE PRESIDENT. YOU ARE ALL RACISTS PIGS. YOU ARE WHAT IS RUINING THIS COUNTRY .YOU PEOPLE ARE ALL NUTS. AND YOU KEEP LISTENING TO THE OTHER NUTS, BECK,OREILLY,HANNITY,RUSHBO. MY GOD WAKE UP AND USE YOUR BRAINS. YOU ARE ALL GETTING BRAINWASHED.
With the birthers and other whackjobs, it seems that the time has come for Democrats and other “true patriots” to take up arms against the birthers, rightwing zealots, Xtian Nut Jobs, and take back this country. It is further time to allow succession and/or kicking states out of the United States. 1st Send Texas back to Mexico.
compelling case Karla. Maybe you should have gone with Barry to Copenhagen. Chicago may have gotten the 2016 nod.
In his book “The Audacity of Deceit”, he quotes that he was born in Queen’s Medical Center, Honolulu.
As you can see, this is a different hospital to
“Hospital: Kapiolani Medical Center for Women & Children”
Why the difference???
i will add, wong kim ark never commented on “natural born citizen” in its findings – it only settled on the fact that the plaintiff was a citizen because there was no need to go any further because he was not running for president.
in addition the 14th amendment at no point mentions natural born citizens, it speaks only of citizenship.
as someone highligted earlier, “natural born citizen” is clearly different to just “citizen”, otherwise the framers would never have used the term and would just have written citizen instead. obviously they knew they were not nbc’s also which is why they added the clause to allow citizens at the time of the constitution’s signing to be grandfathered in and eligible for president, for without that clause none of the framers nor any of their peers at the time would have qualified.
to them nbc was already a clearly understood term, so you need to get insight into their thinking. there are numerous letters between them that both make it clear the intent of the the term itself, and also the intent to follow of law of nations. this is all a complexx subject but the best explanations appear to be now found at puzo1.blogpost.com – go read it, it is compelling.
Erecks' math skills scare me! Hawaii was not a state when Obama was born…. now perhaps i'm confused, but Hawaii became part of the Union in 1959, Obama was born in 1961… By my reconning, that would make him born a citizen.
Dr. Maloney, The 14th ammendment says no such thing. It says those born in the USA are citizens, NOT NATURAL BORN CITIZENS…. there is a big difference. A regular Citizen may be in congress but not a president. A president is held to a higher standard & must be a “natural born citizen.”
God protect Judge David Carter.
October 5, 2009 may be celebrated some day as Constitution Restoration Day.
Why has obama spent 1 million dollars to cover up his birth certificate?
It’s about time someone brought up this issue. He is completely unfit to run this country. He has very little political experience, he’s a Marxist and a Socialist, and now were finally concluding the fact that he’s wasn’t born here. And for those who voted for him, when will you realize your mistake? When the country is reduced to a more unnorganized version of the USSR?
The Bible says, "By their fruits, ye shall know them." It is clear from comments made by BHO that he wants to "fundamentally change" America and that he wants to address redistribution of wealth, something he claims the Constitution remains silent on. Neither of these goals is consistent with the Founders' intent or the traditions of this country. He has ignored contract law, which Congress is constitutionally mandated to protect, by taking ownership interest in GM; he has taken ownership interest from the Indiana State pension and transferred it to the unions in his bankruptcy proceedings of GM; he has intruded government hegemony into private business, he is proposing strong arming the coal industry into bankruptcy, he is proposing draconian taxation of energy, he is transferring the sovereignty of the American people to an international body of corruption and self interest, he has surrounded himself with radical, America-hating "progressives" to effect his "fundamental change of America", he is using public funds through the NEA grants to benefit his propaganda machine, etc., etc. His birth status is interesting; his refusal to produce the actual long form and his expenditure of funds to protect all his records, including his university records, is troubling. What does he have to hide?
If he is legitimately a natural born citizen, why all the fuss? I think it is just a distraction. The answer, while interesting, couldn't make him any less American than his actions already do. The Founders hoped for a moral people who could be self governing thus mitigating the heavy and arbitrary hand of general government. We see the result when corruption and self interest are allowed place in our representatives and those who keep them in power. We will either suffer from tyranny of the few or tyranny of the masses unless we return to constitutional principles. Supplying proof that he is a "natural born citizen" is a formality he should be able to live with and end the speculation and rhetoric.
Even if they deem him a U.S citizen I will bet the little Communist lied on his college forms to get a free ride.
Its simple, show the certificate of birth and prove your status. One problem with our law, is everybody makes it complicated.
Karla…please explain then why Obama has spent over 1 million dollars in hiding his records… It cost me 874.00 to file a chapter 13. These are papers that file a motion with the court. That means a lot of work. how much does it REALLY cost to insulate records?
Obviously Dr. Maloney, Judge Carter is fully aware of the Full Faith and Credit Clause…you have forgotten that he was requested to present an arguement addressing a request much earlier this year as to his eligibility. Obama’s attorneys never responded to this request…. and by law he had to. Furthermore, Im reasonably sure that Judge Carter can do his job without you..he has gone to law school. You dont need to remind him of the law. You sir, dont even bother to address the matter of Obama’s dual citizenship with Indonesia… and this IS a verifiable fact. He is not eligible for the presidency , and he will be thrown out.
sniff… I smell nutters.
What is all the racist crap about Obama being black and whites are prejudiced. HEY! OBAMA is half white, so what is the crap about racism
Jomama
A new video is out on YouTube about the words – Natural Born Citizen – Three Little Words. Definitely worth watching. Here is the link:
http://www.youtube.com/view_play_list?p=B278681E2…
M Publius Goat
http://countryfirst.bravehost.com/phpBB3/viewforu…
ok 2 things,just say he a plain ole black man that bowed to japans emp,who would replace him seems how everyone in his appointed postions are reneered nul and void,would it be the republican party,it would have to be at the snap of the fingers or would gorge bush come back till it was revolted?
It is about time for this to go before a judge. The Birth Certificate that Pundit says all the birthers want to see is shown on a link to his site. Wrong, Wrong. The birthers want to see the real birth certificate not the certificate of birh. They also want to see if the 14 or 16 Social Security numbers are his or others, and if they are his why? They want to see some college records, as to nationalality and so forth. this is the most secretive president to ever reside in the White House.
I hope to God he is a U.S. citizen. If not this proves that the democrat party is trying to dismantle our American Constitution and has been taken over by the socialists. In the 50's we were told that the communists wanted to take over the the government just as they did in Russia but try to make it bloodless. They would prefer to do it from the inside. Since the late 60's with Hubert H. Humphry and all there latter socialist presidential hopefulls like George McGovern, Eugene McCarthy, Jimmy Carter, Walter Mondale, they have been trying to distroy our country and way of life to surplant it with a socialist/communist type government. They try to do it through our schools, and public offices. Since the 60's they have managed to take God out of our country and replace it with mother nature the god of the Druids and pagans. God help America.