Eligibility arguments to get court hearing

Eligibility arguments to get court hearing

In what ultimately could prove to be a turning point in the legal challenges to Barack Obama's eligibility to be president, a federal judge in California has planned a hearing on the merits of a federal court case raising those questions.

According to attorney Orly Taitz, who is working on multiple cases alleging Obama is a "usurper" because he doesn't meet the constitutional requirement that only a "natural born citizen" can be president, U.S. District Judge David O. Carter ruled in a hearing today that her case will move forward.


The hearing was on her motion for a default order against Obama, because although Taitz said she notified him of the action, Obama's attorneys did not make an appearance.

Her complaint was filed against the president on Jan. 20, the day of his inauguration, over his actions before he became president.

Taitz has told WND if her motion for default is granted she immediately would request access to Obama's birth records and other documentation that could determine his eligibility to occupy the Oval Office.

"I have a very clear case," Taitz said. "I think they dropped the ball. They didn't figure out this case filed on Jan. 20th, on the day of inauguration.

The case was filed on behalf of former U.S. Ambassador Alan Keyes, also a contestant in the 2008 presidential race in California, and others. Taitz said the case might have been confused with another Keyes vs. Obama case filed in the state's court system, which was thrown out and now is on appeal.

"I will be asking for the release of his vital records," she has told WND.

The case, which also includes Wiley S. Drake and Markham Robinson as plaintiffs, names as defendant "Barack H Obama also known as Barack Hussein Obama II also known as Barack H Obama II also known as Barry Obama also known as Barry Soetoro."

"Plaintiffs respectfully submit that this Court's order finding or at least strongly suggesting that 4(e) service is insufficient, and requiring 4(i) service, regarding the subject matter of this lawsuit as against the sole served Defendant Barack H. Obama, is manifestly erroneous and plaintiffs accordingly request that the court reconsider its motion," she argued in her motion.

"In the alternative, plaintiffs move and request that this court exercise its sound discretion to certify a question for interlocutory appeal."

She told WND that at today's hearing, the judge issued no orders, but promised that the case would be moved forward and he would address the merits of the dispute. He said there would be no dismissals based on "procedural issues."

The judge said as a former Marine he recognizes the importance of having a constitutionally qualified president.

While no attorneys appeared on Obama's behalf, several members of the U.S. Attorney's office in California were in attendance, and sought to intervene on behalf of Obama over his actions before becoming president.

The judge ordered them to accept service of the lawsuit immediately and then continued the case to an unannounced date.

Taitz told WND, "For first time, we have a judge who's listening."

Multiple WND calls to various branches of the U.S. attorney's offices in California did not generate any response.

Taitz said she has some changes to make in the pleadings, but she was able to fully explain the reasons for her case.

"He [the judge] heard the whole thing," she said.

Keyes also is plaintiff in a separate case making its way through the California state court system. His opinions on the dispute have been captured on YouTube:

"We're either going to stop him, or the United States of America is going to cease to exist," he said. "That's not a laughing matter.'

Taitz' complaint cites Obama individually for his acts before he took office, specifically his refusal to provide the documentation that would show his eligibility.

The question over Obama's eligibility now also is being raised on billboards nationwide.

"Where's The Birth Certificate?" billboard in Pennsylvania

The billboard campaign follows an ongoing petition campaign launched several months ago by WND Editor and Chief Executive Officer Joseph Farah.

The billboards are intended to raise public awareness of the fact that Obama has never released the standard "long-form" birth certificate that would show which hospital he was born in, the attending physician and establish that he truly was born in Hawaii, as his autobiography maintains.

Send a contribution to support the national billboard campaign that asks a simple question: "Where's the birth certificate?"

WND has reported on dozens of legal challenges to Obama's status as a "natural born citizen." The Constitution, Article 2, Section 1, states, "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."

Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama's American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.

Other challenges have focused on Obama's citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.

Complicating the situation is Obama's decision to spend sums estimated in the hundreds of thousands of dollars to avoid releasing a state birth certificate that would put to rest all of the questions.

The "Certification of Live Birth" posted online and widely touted as "Obama's birth certificate" does not in any way prove he was born in Hawaii, since the same "short-form" document is easily obtainable for children not born in Hawaii. The true "long-form" birth certificate – which includes information such as the name of the birth hospital and attending physician – is the only document that can prove Obama was born in Hawaii, but to date he has not permitted its release for public or press scrutiny.

Oddly, though congressional hearings were held to determine whether Sen. John McCain was constitutionally eligible to be president as a "natural born citizen," no controlling legal authority ever sought to verify Obama's claim to a Hawaiian birth.

Although Obama officials have told WND all such allegations are "garbage," here is a partial listing and status update for some of the cases over Obama's eligibility:

• New Jersey attorney Mario Apuzzo has filed a case on behalf of Charles Kerchner and others alleging Congress didn't properly ascertain that Obama is qualified to hold the office of president.


• Pennsylvania Democrat Philip Berg has three cases pending, including Berg vs. Obama in the 3rd U.S. Circuit Court of Appeals, a separate Berg vs. Obama case alleging he wasn't qualified even to be U.S. senator and Hollister vs. Soetoro a/k/a Obama, (now dismissed) brought on behalf of a retired military member who could be facing recall to active duty by Obama.
  
  
• Leo Donofrio of New Jersey filed a lawsuit claiming Obama's dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.


• Cort Wrotnowski filed suit against Connecticut's secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.


• Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public's support.


• Chicago lawyer Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama's vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.
  
  
• Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama's eligibility could be confirmed, alleging doubt about Obama's citizenship. His case was denied.
  
  
• In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.
  
  
• Also in Ohio, there was the Greenberg v. Brunner case which ended when the judge threatened to assess all case costs against the plaintiff.
  
  
• In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama's citizenship. The case was denied.
  
  
• In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama's birth certificate. His request for an injunction against Georgia's secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.


• California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters. She also has brought forward several other cases and has conducted several public campaigns to generate awareness of the issue.
  

• In Texas, Darrel Hunter vs. Obama later was dismissed.
  
  
• In Ohio, Gordon Stamper vs. U.S. later was dismissed.
  
  
• In Texas, Brockhausen vs. Andrade.
  
  
• In Washington, L. Charles Cohen vs. Obama.
  
  
• In Hawaii, Keyes vs. Lingle, dismissed.

In addition, other cases cited on the RightSideofLife blog as raising questions about Obama's eligibility include:

• In Texas, Darrel Hunter vs. Obama later was dismissed.
  
  
• In Ohio, Gordon Stamper vs. U.S. later was dismissed.
  
  
• In Texas, Brockhausen vs. Andrade.
  
  
• In Washington, L. Charles Cohen vs. Obama.
  

WND has reported that among the documentation not yet available for Obama includes his kindergarten records, his Punahou school records, his Occidental College records, his Columbia University records, his Columbia thesis, his Harvard Law School records, his Harvard Law Review articles, his scholarly articles from the University of Chicago, his passport, his medical records, his files from his years as an Illinois state senator, his Illinois State Bar Association records, any baptism records, and his adoption records.