Martin v. Lingle: Motion to Dismiss Granted
Andy Martin, as Plaintiff in Martin v. Lingle, sought to have the Hawaii Circuit Court to grant him access to Barack Obama’s original, 1961 “vault” copy birth certificate. On November 18, 2008, shortly after the Court agreed to take the case under consideration, the Court granted the Defendants their motion to dismiss the case.
Full text of the Minutes (Case 1CC08-1-002147) available below…
From americamustknow.com:
THIS COURT TREATED THE EMERGENCY MOTION FOR ORDER TO SHOW CAUSE AS A MOTION SEEKING EMERGENCY INJUNCTIVE RELIEF AS PLAINTIFF WAS SEEKING TO OBTAIN THE BIRTH RECORDS FOR PRESIDENT OBAMA.Â
FIRST, THE COURT POINTS OUT THAT THE ISSUANCE OF A PRELIMINARY INJUNCTION SEEKS EXTRAORDINARY RELIEF.ÂIN HAWAII, A 3 PRONG TEST IS APPLIED IN DETERMINING WHETHER PRELIMINARY INJUNCTIVE RELIEF SHOULD BE GRANTED AS STATED IN LIFE OF THE LAND V ARIYOSHI, 59 HAW. 156 (1978). THE 3 ELEMENTS ARE:Â1. IS THE PLAINTIFF LIKELY TO PREVAIL ON THE MERITS?Â2. DOES THE BALANCE OF IRREPARABLE HARM FAVOR THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER OR INJUNCTIVE RELIEF, ANDÂ3. DOES THE PUBLIC INTEREST SUPPORT THE GRANTING OF THE INJUNCTIVE RELIEF SOUGHT?ÂAFTER REVIEWING THE PLEADINGS, THE MOTION FOR ORDER TO SHOW CAUSE, THE MEMORANDA OPPOSING THE MOTION, THE EXHIBITS, AND OTHER WRITTEN SUBMISSIONS, AND CONSIDERING THE ARGUMENTS OF COUNSEL AND PLAINTIFF, PRO SE, THE COURT FINDS AS FOLLOWS:ÂBASED ON THE LIMITED AMOUNT OF EVIDENCE PRESENTED, THE COURT FINDS THAT IT IS UNLIKELY THAT PLAINTIFF WILL PREVAIL ON THE MERITS AS IT APPEARS THAT THE PLAINTIFF DOES NOT HAVE A DIRECT AND TANGIBLE INTEREST IN THE VITAL STATISTIC RECORDS BEING SOUGHT, NAMELY THE BIRTH CERTIFICATE OF PRESIDENT OBAMA. PLAINTIFF ALSO DOES NOT FALL WITHIN THE CATEGORY OF PERSONS WHO MAY BE ENTITLED TO THE RECORDS AS ENUMERATED IN HRS 338-18(B). IN ADDITION, HRS 92-13 PROVIDES THAT DISCLOSURE OF GOVERNMENT RECORDS IS NOT REQUIRED WHICH, PURSUANT TO STATE LAW, ARE PROTECTED FROM DISCLOSURE.ÂREGARDING THE SECOND ELEMENT OF IRREPARABLE HARM, THE COURT FINDS THAT PLAINTIFF HAS NOT PRESENTED ANY EVIDENCE TO THIS COURT THAT IRREPARABLE HARM WILL OCCUR IF THE RECORDS ARE NOT PROVIDED TO THE PLAINTIFF.ÂIN ADDITION, THERE IS INSUFFICIENT EVIDENCE TO INDICATE THAT THE PUBLIC INTEREST SUPPORTS THE GRANTING OF THE RELIEF SOUGHT AND THERE IS A REASONABLE BELIEF THAT THE PUBLIC WOULD RATHER PRESERVE THE CONFIDENTIALITY OF VITAL HEALTH RECORDS.ÂTHEREFORE, THE EMERGENCY MOTION TO SHOW CAUSE IS DENIED. DEFENDANTS’ COUNSEL TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW.ÂIN ADDITION, THE COURT GRANTS DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT FOR THE REASONS STATED IN THE PRIOR RULING AS WELL AS FOR THE REASONS RAISED IN THE MOTION AND SUPPORTING MEMORANDA, INCLUDING LACK OF STANDING AND INSUFFICIENT SERVICE OF PROCESS ON THE DEFENDANTS.ÂDEFENDANTS’ COUNSEL TO PREPARE ORDER.Â***A COPY OF THE MINUTE ORDER WAS PLACED IN ATTORNEY COURT JACKET FOR; JILL NAGAMINE AND A COPY MAILED TO MR. ANDY MARTIN.***
It’s interesting that the Court calls Barack Obama “President Obama,” not “President-Elect Obama” or the like. Also, notice the statement “…there is a reasonable belief that the public would rather preserve the confidentiality of vital health records.” In my opinion, clearly this Court does not understand — and Andy Martin did not properly convey the importance of — the office of the Presidency, that it has certain eligiblity requirements that other officeholders do not have to meet.
One battle down, but the war is clearly still on (Berg v. Obama, Donofrio v. Wells).
-Phil
Phil: I had e-mailed Andy on 10/16 suggesting if his Team could find out
anything on the "residence" issue under Hawaii Law 338-17.8
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch...
I noticed that he used 338-18 in his "case".
Maybe 338-17.8 should be added, and, or investigated.
Another Issue I just thought of is, Investigating Obama's 2 children's
Birth Certificate's with the "Parent's" , Full Names, Address, "RACE", etc..
Maybe there are less restriction's on getting the info in Illinois than Hawaii?
Anyone who might know may "comment". Dan
Poppet,
If I recall correctly I think Andy Martin has done some research along the lines you’re speaking.
contrariancommentary.blogspot.com is one site to start.
-Phil
“Searching for a Exact Date”
I have been “Searching” for the EXACT DATE when Stanley Ann Dunham, or her Parent’s, became Resident’s of Hawaii. So far, I have only been able to find that she Graduated High School from Mercer Island, WA in 1960. I’ve read that she was not to Happy to go Hawaii. If Ann was registered to go to the University of Hawaii she most likely would have started classes in September 1960.
Hawaii State Law’s require that a Resident has to have lived there for at least “one” year.
[§338-17.8] Certificates for children born out of State. (a) Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.
(b) Proof of legal residency shall be submitted to the director of health in any manner that the director shall deem appropriate. The director of health may also adopt any rules pursuant to chapter 91 that he or she may deem necessary or proper to prevent fraudulent applications for birth certificates and to require any further information or proof of events necessary for completion of a birth certificate.
If Obama was born on August 04, 1961 and (mother)filed for a Birth
Certificate on August 08, 1961, that would mean that
Ann Dunham (a minor) and. or, her Parent’s would have to have taken residence prior to August 04, or, 08 in 1960.
If they took residence in Hawaii “AFTER” August 04, 1960 she would not meet the one year residence that is required.
I have searched numerous website’s to no avail.
Many websites, including wiki-pedia (which can be alltered)
only include the year, not a factual date which could be
questioned. I would wonder if “state or Federal Tax Record’s can be searched for the “True” dates that the
Dunham Family became Legal Resident’s of Hawaii. The
BC of Obama might not have been Legal.
If “anyone” can find this information, it might be very usefull. Also, there are conflicting date’s regarding the
“Marriage” of Ann Dunham & Obama Sr., and if ever
took place, or was even Legal. Please “comment” if you
find any “exact” info. In my Opinion, there are “Huge” cover up’s for Obama, who if “actually” becomes President, He will most likely be submitted to Blackmail and Extortion. (Already starting) Maybe (FOIA) can be used. Thank’s, Dan
[...] Andy Martin, Plaintiff in his case Martin v. Lingle, today vowed to appeal the Hawaii Circuit Court’s Dismissal to the Hawaii Intermediate Court of [...]
Biden_…:
I think it is true that the onus of verifying Presidential candidate eligibility falls to the respective Secretary of State, not the to Governor, per se. This is why it seems so incredulous that Leo’s NJ SOS literally assumed that all candidates — even the one clearly born in Nicaragua! — were eligible to be on NJ’s ballot.
The Secretary of State would be the officeholder who has sworn to uphold the Constitution’s requirements for elected officials. There may be other similarly-sworn officers, but as far as I know, that’s where you start.
-Phil
Quick though, I will need to research, but want to start the thinking person wheels on this topic. After this case, Gov. Lingle is definitely on official notice there could be a problem with the details on the vault BC even though Hawaii Health Department Director Dr. Chiyome Fukino said it was valid.
Could there possibly be some type of Dereliction of Duty charge against Gov. Lingle if she does not purse the issue on behalf of the state of Hawaii before Hawaii’s Electorial’s cast their vote? It’s a stretch, I know.
Who do these court appointed judges think they are–denying the American people Standing on our Constitution—they are nothing but chicago thugs as well. I thought when the FBI took down the mafia, all would be well ——— these self appointed GODS that are making decisions for us is dangerous for their own lives.
I don’t doubt that some American or better yet, some group not only takes down Obama but his entire so called staff.
This, for crying out loud is America and these judges are denying us our rights. Is this whats coming in 09?
Who-will stand tall enough against these judges to make them do the peoples will. I have never seen anything like this in my entire life.
My father gave 32 yrs of his life, and ours to keep our country a democracy, spending all those years in the USN. How dare this terrorist and his thugs come along and take our rights away from us. How dare our justice system take away our rights.
This guy makes my skin crawl just looking at those black and dead eyes. The eyes of a terrorist. Why is this happening and who is behind this?
Anyone else remember how easily they managed to subpoena Rush Limbaughs health records when they were fishing for evidence against him?
Again, the case is being dismissed as lack of standing. Furthermore, I find that it is strange that the jugde’s comment “President Obama”. In my opinion, the judge is in cahoot w/ Obama. Obama’s trip to Hawaii was more than just sealing his records. I wonder if Andy Martin take his case to the Supreme Court.
Obama is definitely, in my humble opinion, not a US natural born citizen. No one would go through this much to conceal their BC if there is nothing to hide. Our court system is setting a very dangerous president for future elections.