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Author Topic: 10-23-08 5:09 PM Obama Birth Certificate Issue Goes to Hawaii Supreme Court  (Read 1518 times)
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WhiskeyGirl
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« on: October 23, 2008, 06:34:12 PM »

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Brian Cherry, writing for The New Media Journal, says "The question regarding Barack Obama's eligibility to run for President based on questions regarding his status as natural born United States citizen has reached the Hawaiian Supreme Court."

Andy Martin, an Illinois journalist and Democrat, has petitioned the court to expedite the release of Obama's birth records so that the issue can be put to rest once and for all. Cherry writes, "For months there has been speculation about Barack's birth status among other issues associated with his birth certificate. This has been helped along by the campaign's reluctance to produce uncontestable records of the Senators birth and status as a natural born citizen of the United States. When the Obama campaign did release a scan of Obama's birth certificate its noticeable lack of an embossed seal among other inconsistencies with proper Hawaiian birth certificates simply fueled the speculation of critics."

(snip)The first question that pops into my head is, "Isn't there a process for determining eligibility as soon as someone files the paperwork to become a candidate?" Wouldn't this responsibility fall on the shoulders of the FEC?

Mr. Cherry contributes to the continued speculation about the birth certificate, saying, "Presidential candidate Barack Obama has also indirectly interjected himself into the situation. During the same week that Mr. Martin's request was made to the Hawaiian Supreme court, Barack is suspending his campaign for a few days in order to visit his sick grandmother in Hawaii. Unnamed sources claim that he is bringing along a team of lawyers on this visit to an ailing relative. The Obama campaign has not yet answered our query regarding whether Barack has brought a legal team with him to Hawaii."

(snip)

Politifact.com, a fact check web site, says, "Unlike other documents, Hawaii birth certificates aren't public record. Only family members can request copies, so when the campaign declined to give us one, we were stalled." After the Obama campaign released a copy of the birth certificate, however, Politifact says they went a step further: "We e-mailed it to the Hawaii Department of Health, which maintains such records, to ask if it was real. ‘It's a valid Hawaii state birth certificate,' spokesman Janice Okubo told us." Still, questions persisted.

(snip)

There are plenty of things about Senator Obama that concern me, but his birth certificate is not one of them.

read the whole story here -
http://www.gather.com/viewArticle.jsp?articleId=281474977486793

Tax refunds for presidents, but not birth certificates?
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« Reply #1 on: October 23, 2008, 07:27:10 PM »

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"We e-mailed it to the Hawaii Department of Health, which maintains such records, to ask if it was real.
‘It's a valid Hawaii state birth certificate,'


Quote
Anthony Robert Martin-Trigona, usually known as Andy Martin (born 1945 in Middletown, Connecticut) is an American journalist, perennial candidate, and vexatious litigant. Known for anti-semitic remarks, he once ran for Congress as a Democrat of Connecticut in 1986 with a promise "to exterminate Jew Power," according to the paperwork of one of his campaign committees.
http://en.wikipedia.org/wiki/Andy_Martin_(U.S._politician)

The Man Behind the Whispers About Obama
http://www.nytimes.com/2008/10/13/us/politics/13martin.html?bl
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WhiskeyGirl
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« Reply #2 on: October 23, 2008, 07:41:58 PM »

I believe this will be the next great mystery to capture the imagination of a nation...

"OBC - Obama Birth Conspiracy"

Subject of future documentaries, docudramas, books, and other entertainments.
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« Reply #3 on: October 24, 2008, 02:35:21 PM »


Is this the right one?

Quote

NO. 29414




IN THE SUPREME COURT OF THE STATE OF HAWAI‘I







--------------------------------------------------------------------------------


ANDY MARTIN, Petitioner,

vs.

LINDA LINGLE, Governor, State of Hawai‘i;
DR. CHIYOME FUKINO, in her capacity as Director
of the Department of Health, State of Hawai‘i; and
THE HONORABLE BERT I. AYABE, JUDGE OF THE CIRCUIT COURT
OF THE FIRST CIRCUIT, STATE OF HAWAI‘I, Respondents.







--------------------------------------------------------------------------------




ORIGINAL PROCEEDING
(CIV. NO. 08-1-2147)




ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)


Upon consideration of the petition for a writ of mandamus filed by petitioner Andy Martin and the papers in support, it appears that the issuance by the Department of Health of a certified copy of a vital statistics record to petitioner was not mandatory, but involved the exercise of discretion and judgment. See HRS § 338-18(b) (Supp. 2007) (The department shall disclose vital statistics records to those persons enumerated in HRS § 338-18(b)(1) through (13); otherwise, "[t]he department shall not permit inspection of public health statistics records, or issue a certified copy of any such record or part thereof, unless it is satisfied that the applicant has a direct and tangible interest in the record."). Therefore, petitioner is not entitled to mandamus relief against the respondent public officials. See In Re Disciplinary Bd. of Hawaii Supreme Court, 91 Hawai‘i 363, 368, 984 P.2d 688, 693 (1999) (Mandamus relief is available to compel an official to perform a duty allegedly owed to an individual only if the individual's claim is clear and certain, the official's duty is ministerial and so plainly prescribed as to be free from doubt, and no other remedy is available.); Salling v. Moon, 76 Hawai‘i 273, 274 n. 3, 874 P.2d 1098, 1099 n.3 (1994) ("A duty is ministerial where the law prescribes and defines the duty to be performed with such precision and certainty as to leave nothing to the exercise of discretion and judgment.").

It further appears that the Hawai‘i Rules of Civil Procedure and the Rules of the Circuit Courts of the State of Hawai‘i do not provide petitioner with a clear and indisputable right to a telephonic hearing or an expedited hearing in Civil No. 08-1-2147. Scheduling a hearing for November 7, 2008 and requiring petitioner to personally appear at the hearing was within the discretion of the respondent judge and was not a flagrant and manifest abuse of discretion. Therefore, petitioner is not entitled to mandamus relief against the respondent judge. See Kema v. Gaddis, 91 Hawai‘i 200, 204-05, 982 P.2d 334, 338-39 (1999) (A writ of mandamus is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of alternative means to redress adequately the alleged wrong or obtain the requested action. Such writs are not intended to supersede the legal discretionary authority of the lower courts, nor are they intended to serve as legal remedies in lieu of normal appellate procedures. Where a court has discretion to act, mandamus will not lie to interfere with or control the exercise of that discretion, even when the judge has acted erroneously, unless the judge has exceeded his or her jurisdiction, has committed a flagrant and manifest abuse of discretion, or has refused to act on a subject properly before the court under circumstances in which it has a legal duty to act.). Accordingly,

IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied.

DATED: Honolulu, Hawai‘i, October 22, 2008.


http://www.state.hi.us/jud/opinions/sct/2008/29414ord.htm
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« Reply #4 on: October 27, 2008, 06:28:06 PM »

Obama Refuses to Answer Birth Certificate Lawsuit

http://www.newsmax.com/headlines/obama_birth_certificate/2008/10/24/143882.html?s=al&promo_code=6E2D-1
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