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Thursday, January 27, 2011

- The Two Issues Regarding Obama's Eligibility to be President - by Obama Eligibility Attorney Mario Apuzzo -

There are two open issues regarding whether putative President Obama is eligible to be President. One is place of birth. Consider that in all the law suits filed against Obama and others on the place of birth issue, including the Kerchner v. Obama/Congress law suit (which also argued that regardless of place of birth, Obama is not and cannot be a “natural born Citizen” because he was not born in the United States to a U.S. citizen father and mother), Obama never once produced any birth certificate (neither his Certification of Live Birth known as the COLB nor his long-form, hospital generated Certificate of Live Birth) for the court which would have put an end to the birth place issue. Why did he pursue a legal strategy (e.g. standing, political question, and other justiciability defenses) which only worked in the short term rather than just produce the birth certificate which would finally end the birth place controversy?

Why spend so much private and public money and resources fighting the same issue over and over again? Even now, over two years after the 2008 election, we see the same place of birth issue raised in various contexts. It has risen in the military context with LTC Terry Lakin, who is serving 6 months in federal prison for defending the Constitution by wanting to assure that Obama is a “natural born Citizen.” We see it in ObamaCare litigation. Now some states are also moving to require proof of birth as part of a presidential candidate's requirements to get on the ballot. Hawaii Governor Abercrombie has recently revived the birth place issue, vowing to find the birth certificate and put an end to the debate. But we have seen that he found no birth certificate.

So, there is no end to the issue of Obama’s place of birth. Should we not blame Obama himself for this issue still existing? After all, the Constitution says that he must be a “natural born Citizen.” Is not the burden on him to satisfy that requirement?

Why has Obama allowed this issue to continue unabated? Why have all the Department of Justice attorneys repeatedly taken the same approach in defending Obama, i.e., fighting jurisdiction (standing) and raising any other justiciability defense? Why have to fought so hard to prevent any litigant to have discovery so that a copy of the birth certificate could be obtained? Why have they to this day never produced a copy of any birth certificate in any court which would have put an end to the birth place issue not only in that court but in all other courts present and in the future?

While the courts have not been too kind to the "birthers," why has not one court even mentioned the fact that not one court in the whole nation has yet to see Obama’s alleged birth certificate?

We even have had an Indiana court in Ankeny v. Governor of the State of Indiana, 916 N.E.2d 678 (Ind. Ct.App. 2009), declare that “persons born within the borders of the United States are ‘natural born Citizens’ for Article II, Section 1 purposes, regardless of the citizenship of their parents.” But the court never even raised the issue that there was no proof before the court that Obama was "born within the borders of the United States." In fact, the Ankeny court, while dismissing the plaintiffs' case, never ruled that Obama was "born within the borders of the United States." Nor did it rule that he was a "natural born Citizen."

How can a modern and advanced nation such as the United States, a leader of the free world, a model for constitutional republican government, find itself in such a situation? We have been debating the issue of Obama’s place of birth publicly and in the courts for over 2 years and we as a nation still do not know with any reasonable degree of certainty whether Obama was born in the United States. The place of birth issue is not a conspiracy issue, but rather only one demanding conclusive proof that Obama was born in Hawaii.

But apart from the place of birth issue, we also have the question of whether Obama is an Article II "natural born Citizen." Assuming that he was born in Hawaii, does Obama meet the definition of an Article II "natural born Citizen?" The Framers' constitutional scheme, historical evidence (e.g. Emer de Vattel's The Law of Nations, Section 212), and U.S. Supreme Court precedent (e.g. Minor v. Happersett, 88 U.S. 162 (1875) show that the American common law definition of an Article II "natural born Citizen" has its basis in natural law and the law of nations and not the English common law. That definition, which to this day has never been changed, is a child born in the country (or equivalent such as being born abroad to parents in the service of their nation) to a U.S. citizen father and mother.

There is no factual dispute that when Obama was born in 1961, wherever that may be, he was born to a father who under the British Nationality Act of 1948 was a British subject/citizen and that Obama himself by descent from his father was born a British subject/citizen. Not only was Obama's father not a U.S. citizen when Obama was born, but his father never became a U.S. citizen nor was he even ever a domiciliary or permanent resident of the United States.  These undisputed facts show that Obama is not and cannot be an Article II "natural born Citizen."

So, there are two open issues: was Obama born in Hawaii and if he was, is he an Article II "natural born Citizen." Assuming that Obama runs for re-election, how will our nation address these issues in the 2012 presidential campaign and election? Will Congress, other political institutions, the media, and candidates exhibit political and moral courage and tackle these issues once and for all or will they like so many others have done just turn a blind eye to the Constitution and the rule of law and continue with business as usual?

Mario Apuzzo, Esq.
January 27, 2011
#### Source.

Visit the Birther Vault for the long list of evidence against Hawaii officials and all of the people questioning Obama's eligibility; [].

Check out the different Obama COLBs posted online by Obama's campaign. Also, if you missed it, meet the only 2 people to examine the COLB(s), and one of them wasn't Bill O'Reilly or Anderson Pooper;

1) Daily Kos COLB; 

2) Fight the Smears COLB; 

3) COLB with seal; 

4) COLB without seal; 

All should view the research compiled at this site;

Confirmed: Hawaii Department of Health is Aiding and Abetting Obama & Gangs Forged Certification of Live Birth, Got Final Nail in the Coffin!? -Details at Source.

Flashback from the Right Side of Life; Meet the only 2 people to ever "examine" Obama's SHORT-FORM COLB's.

The two employees who were granted access to Obama’s bogus Certification of Live Birth (COLB) are NOT document examiners or experts. Joe Miller has a Ph. D. in Political Philosophy — so he’s a political operative — while Jess Henig has an M.A. in English Literature — I’m not sure her dye-job is a political or esthetic statement.They are a couple of partisan Obots — just what you’d expect — Jess took the photos presented on their webpage and did all of the writing, while Bob basically held the COLB open for Jess to photograph — suitable work for a Ph. D.

Those two are completely unqualified to perform any kind of forensic examination of any document, and knows it — and so do Henig and Miller.

FactCheck does say their, “representatives got a chance to spend some time with the ‘birth certificate,’ and we can attest to the fact that it is real and three-dimensional and resides at the Obama headquarters in Chicago.” In my mind, that clearly shows they were working with and for the Obama Campaign and that Obama and his people are involved in this lie. Much more HERE.

And this; - Blogger manipulates birth certificate image, undermining Obama claims - Jay McKinnon, a self-described Department of Homeland Security-trained document specialist, has implicated himself in the production of palpably fake Hawaii birth certificate images similar to the one endorsed as genuine by the Barack Obama campaign, and appearing on the same Daily Kos blog entry where the supposedly authentic document appears. Much more HERE and HERE.

And this oldie; Hawaii Officials refuse to verify president's online COLBs images released by Obama's campaign and
In response to a direct question from WND, the Hawaii Department of Health refused to authenticate either of the two versions of President Obama's short-form Certificate of Live Birth, or COLB, posted online – neither the image produced by the Obama campaign nor the images released by Janice Okubu, the public information officer for the Hawaii DOH, also had no explanation for why Dr. Fukino's initial press release last October and subsequent press release also avoided declaring the posted images to be of authentic documents., an organization funded by the same left-leaning Annenberg Foundation that also employed Barack Obama and former Weatherman radical bomber Bill Ayers, produced a short-form Obama COLB that was very different in appearance than the campaign released. Source. And much more HERE.

Forgery is nothing new to the Obama campaign, via Debbie Schlussel; Obama’s Selective Service Draft Registration Raises Serious Questions.
Did President-elect Barack Hussein Obama commit a federal crime in September of this(last) year? Or did he never actually register and, instead, did friends of his in the Chicago federal records center, which maintains the official copy of his alleged Selective Service registration commit the crime for him?
It’s either one or the other, as indicated by the release of Barack Obama’s official Selective Service registration for the draft. The full investigative report is HERE.

And via Give us Liberty; EXPLOSIVE...more proof that AKA OBAMA is a fraud and very likely not even an American citizen!... - Obama conspiracy – It’s no longer just a theory - A man who fails to register with SS before turning 26 may find that some doors are permanently closed. This is a must read HERE.

Bonus; CONFIRMED: Published Bogus Fact Regarding Obama’s British/Kenyan Citizenship. We can report that it has been conclusively established – the report contains false information. – Inaccuracy #1: Obama’s Kenyan Citizenship did not expire on Aug 4, 1982. was absolutely wrong when they reported Obama’s Kenyan citizenship expired on Aug 4, 1982. – Inaccuracy #2: While Obama’s status as a British citizen may have been short lived, failed to state that his status as a British subject was not short lived. Research has discovered multiple legal mechanisms which have the potential to establish that Obama is now a full citizen of Kenya as well as the United Kingdom, the European Union, the Commonwealth of Nations and the Republic of Indonesia. Source.

Confirmed: - Democratic Party of Hawaii would not certify in 2008 that Obama was constitutionally and legally eligible for the Office of President - Source.

Visit the Birther Vault for the long list of evidence against Hawaii officials and all of the people questioning Obama's eligibility; [].
Irrefutable Proof that Obama is Not Eligible to be President of the United States, the Facts Don't Lie!
Obama Not a Natural Born Citizen w/Venn Diagram-24Jan2011 Wash Times Natl Wkly pg 5
Hawaii Sr Election Clerk-Obama Not Born in any Hawaii Hospital-Wash Times Natl Wkly-20100621 Pg 5


  1. So far it is business as usual. But I feel the tide is now turning. Drudge has been highlighting eligibility headlines for days now. That is tens of millions of new eyes being focused on the crucial issue.

    For the sake of the rule of law they better do something.

  2. I suppose the NBC question covers the possible adoption of Barry by Lolo Soetoro and Barry's citizenship being stated on school papers from Indonesia as "Indonesian"? Possibly the only school records Barry did not get locked-up show him with Indonesian citizenship.

    What do all the looked-up records ahow? Along with a real long-form BC, at this point all the records must be opened to settle this issue.

    We cannot allow the charade/fraud to continue.

    Our future as a Constitutional Republic depends on it. Those who are fighting against the release of Barry's records are evil..and this includes the media such as Fox News....and our useless slugs in Congress.

  3. Elected office holders, the judiciary, and law enforcement nation wide are intent on not doing anything about an illegal alien occupying the White House. Everyone and their mother knows Barry is a fraud and ineligible to serve as President. We have all been betrayed and the betrayal continues every day.

  4. its going to be hard to run again when az and a few other states are making it a law that he must prove hes a natural born citizen...expect a fake birth cert to surface....

  5. KAGAN intimately involved in obama eligibility cover up and must be impeached immediately !

  6. to late for a forged birth certificate. obama would have to change who his father was. it needs to have 2 american citizens listed on it to make him eligible and a natural born citizen. the kenyan father from africa named as father will not help him.

  7. The states can pass all the bills on eligibility they want. None will keep Barry from being elected a second term. The reason is because all of our laws mean nothing to him, and, apparently, to no one else either. These people only understand one coarse of action. I'm not that smart, but even I can see this is the case.

  8. RE: "The states can pass all the bills on eligibility they want. None will keep Barry from being elected a second term...."

    If the Judiciary Branch will continue, what Alen Keyes calls "dereliction of duty", a forged bc will be certified as good by the States and the plaintiffs challenging it will not have Standing. He is counting on the Judiciary Branch' protection. Otherwise he would not run.

  9. Wow. So much excellent independent research has been matched by so much deliberate avoidance of the issues by establishment journalists. Thank you for your excellent site and links.


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