October 5, 2009
Updated – again: MW – I added some of the birth certificate issues and linked as many things as I could. The update list is long but it’s divided up into categories. Things go missing and accidentally get deleted but nothing “expires”. The posts on the front page just get replaced by more recent ones. They can be found in the archives on the right – by topic and month – and there’s the search bar. If you’re just interested in the BC issue then the update link page ia pretty much all you’ll need. To set up a feed to your browser click the orange button and chose your reader or email.
Updated birth certificate posts/videos/lawsuits
Kyle: update on barry’s birth certificate cases
Hi Mrs Williams.
Glad you stopped by. Your questions are not stupid. They get to the heart of why the cases are not being heard. More people like you are tuning in to the birth certificate/eligibility issue, but because of all the probarry propaganda in the MSM, they’re not sure why the cases have “failed”.
None of them failed.
None of them have had a chance to fail.
To fail, one has to be given a chance.
None of the cases have been given a chance.
No chance to fail – can’t fail.
And, believe it or not, the reason they haven’t been given a chance has nothing to do with his birth certificate, where he was born, or who his father was.
So they can continue saying the judges “threw the cases out” when the truth is the judges have never let them in.
The essence of birther rage.
The cases can be grouped according to legal theory but they all boil down to the same thing:
Can anyone compel barry to prove he is eligible?
And the answer thus far is no.
And the reason is “standing”.
No need to get into the specifics of each case. The update link above has a list of all the posts on the issue – probably close to 400. So look down the list and click on whatever.
The “birth certificate” the media keeps referring to is not a birth certificate. Read the posts that discuss the COLB vs the birth certificate. Look at the images for yourself.
I’ll try to answer your questions by giving you an overview. If something’s unclear let me know. I’m not in any way a lawyer or political person or a birther (affectionate) and our site is not affiliated with anyone or anything.
barry has not been proven in case after case to have been born in Hawaii. No one – not even Robert Gibbs – has said what hospital barry was born in and several websites have changed the name of the hospital they originally had listed. barry’s actual physical birthplace is still unknown. And as long as it is unknown, it cannot - by definition – be labeled a myth or a conspiracy.
And much to the consternation of the bots, MSM and Hawaii Department of Health – as long as his actual physical birthplace remains unknown – the birthers are justified in asking.
If he had provided in June 2008 what Dr Fukino is vouching for now (and it checked out), birthers would never have existed.
If he were to release what Dr Fukino has been vouching for (and it checked out), he could get rid of them for good.
The question is: Why hasn’t he – not why should he.
This issue in general is very clear if one is not in denial or trying to protect barry.
Here are some Facts. Ignore the Kenyan (eBay) birth certificates and newspaper birth notices.
But there are lots of twists and turns regarding that COLB digital image(s) he originally posted – whether or not it was forged (YES). Dr Fukino’s changing statements about what is on file. The Hawaii statutes regarding who can get a Hawaii COLB (like a foreign born child). What are his “vital recordS”? Was anything amended? What information does the public have a right to see to? What has HI been trying to hide?
And then there’s the lack of a universal definition of a “natural born citizen”.
[barry admitted on FightTheSmears that he was a "native born" citizen - acknowledging his dual allegiance at birth: UK (Kenya) and US. The issue of dual citizenship was the substance of Leo Donfrio's & Wrotnowski's lawsuits.]
Simple facts:
1) The digital image(s) of the COLB barry posted online has never been vouched for as having been sent by Hawaii or connected to what Dr Fukino vouched for.
2) He has not allowed a disinterested third party to examine the “document” the image was allegedly derived from. Fatcheck.org = directly related to barry + Fight the Smears + Politifact = completely worthless “factcheckers”.
3) He has complete access to his birth certificate. Nothing is stopping him from releasing a copy. He could even authorize you to get a copy.
Okay.
Back to standing.
Here’s the deal.
For a plaintiff to have standing, there must be an injury in fact – something already had to have happened – there has to be a causal relationship between the injury and barry’s ineligibility and there must be a substantial likelihood that a favorable ruling would redress that injury.
Problem being there has been no discrete injury to regular citizens and with military folks the injury is hypothetical.
Hypothetical injury -> no injury -> no causal relationship -> nothing to redress = no standing.
The American People as a whole have the true potential of harm if barry is ineligible, but a single citizen does not have standing because the harm is not limited to them and the Court could not redress a specific harm because it would apply to everyone.
barry’s actions affect us all, but because all of us are involved, none of us can claim a concrete discrete injury.
And barry knew this going in.
Judge Surrick, the judge to hear the first case brought by Democratic voter/citizen Philip Berg, made his ruling based on lack of standing. He said no one citizen has standing and that only Congress had the potential to challenge barry.
Every case after has followed suit.
Then came challenges from former presidential candidates: Alan Keyes/Drake/Robinson from the American Independent Party and Gail Lightfoot, the VP on the Ron Paul ticket. They didn’t have standing either.
The election officials and secretaries of state weren’t responsible for ensuring barry was eligible to be on the ballot and the electoral college had already voted.
So then came the thought that the military might have standing because they are required to follow the chain of command, as well as uphold their oath to defend the Constitution. Retired military (Col Hollister) who is subject to hypothetical recall did not have standing because – the injury is hypothetical.
Then came active and retired military together and then questioning the deployment of retired military volunteering for Afghanistan (Maj Cook) and active military being sent to Iraq (Capt Rhodes).
Neither active or retired military have standing and the Court cannot interfere with military deployment.
The case before Judge Carter (Barnett/Keyes v Obama) has the full gamut – from former candidates for president to retired and active military to oathtakers to legislators – but again none have standing.
Without standing, a case cannot exist, which is why no case has ever made it to the discovery phase to be heard on its merit. If nothing was heard on merit – nothing can be thrown out on merit.
And contrary to bots and the ignorant MSM, no case has ever been thrown out because barry has been proven to be a citizen.
No Court has stated that barry was born in Hawaii or ruled that he is a Natural Born Citizen.
Not even the Supreme Court.
The Director of Health in Hawaii pronouncing barry to be a NBC is absolute madness, especially when she doesn’t seem to know (vs refuses to cooperate) her own state’s statutes.
Not a single court has even asked to examine that worthless COLB, which was actually quoted as a footnote in a Supreme Court filing.
Yes, the Court’s rulings have been filled with inflammatory comments like birthers and birther movements. The judges have ignorantly stated that barry was excessively vetted and that the issue was raised, blogged, texted, twittered and massaged. They have brought up how much was spent on campaigning and noted the fact that no impeachment hearings have been initiated. (If he was never eligible to be president then impeachment doesn’t apply.) They have labeled a case frivolous when no matter what the plaintiff claimed, the Court COULD NEVER RULE on the issue itself (which the Court admitted) because it SHALL NOT INTERFERE with military deployment. And there have been threats of reprimand and financial sanctions.
But none of that means barry was exonerated in any way.
It just means no one is legally capable of challenging barry. No one can compel barry to prove he is eligible because they do not have standing to do so.
Of course, one wonders why anyone would have to compel a man who claims transparency to provide proof he is qualified to be president.
It goes to the issue of burden of proof. It shouldn’t be up the people who voted for him–based on his claims of transparency–to prove he is not qualified.
Just like the onus is not on the employer to provide proof the candidate is not not qualified – the candidate has to provide proof to the employer that he is qualified to do the job.
Let’s say you want to become a UPS driver. One of the three absolute requirements of the job is a valid driver’s license. It’s not up to UPS to investigate your past and prove you are ineligible for the job because you never legally obtained a license. Before you would even be considered for the job, you would be expected to provide a valid license – as in a true document - and back it up with whatever legal documentation was needed/asked for. UPS would then vet it, and if kosher, you could then be placed on the interview list.
Same with barry.
Before his name was placed on the ballot, Nanci Pelosi, acting for the DNC, was supposed to obtain from him a valid copy of his birth certificate — on paper — vet it, and if kosher, allow his name to go on the ballot.
It’s unclear whether barry ever provided a valid birth certificate, whether Pelosi ever looked or asked for one or whether she knew things weren’t kosher all along and was given her position at the convention because she was #3.
[Pelosi's in/actions are the basis for jpjd's suits. And Kerchner/Apuzzo is suing barry Congress, Chaney and Nanci Pelosi.]
The final assurance that barry was constitutionally eligible was the Official Certification of Nomination signed at the Convention.
And what did she do?
She signed two versions of the form – one with the Constitutionally eligible clause – one without. The version with the Constitutional eligibility clause went to Hawaii and the other went to the other 49 states.
Why two forms?
There was no need whatsoever for two different forms and there was no obvious evidence a forgery. The DNC has acknowledged that there were indeed two different forms used but of course refused to stipulate why. The one with the clause would have been acceptable in all 50 states.
If he was eligible, there would be no reason not to use the same form for all 50 states.
But if he was not eligible?
Pelosi uses the clause form only when she absolutely has to — when the state requires that the clause be on the form – in this case, Hawaii.
Simple irony?
I don’t know.
I haven’t seen the forms from Hawaii for 2004 & 2000 to know if they required the clause then.
If not, one has to wonder if they knew barry wasn’t eligible and to cover themselves they forced Pelosi sign a form declaring that he was.
