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Selective Service Update: Another FOIA Request

06/8/2009

As a follow-up to my recent Selective Service update posting, I received the following information from a concerned citizen by the name of William along with further analysis from a Plaintiff in some of the eligibility lawsuits.

This link pulls up a snapshot of the FOIA letter that William received on April 1, 2009. He relayed the following information to me regarding his query with the Selective Service:

I am a computer network specialist free lance here in … CA.

I have been following the BHO Birth Cert issue and cases for a year.

I don’t necessarily believe that the SS Form is a forgery, nor do I necessarily believe that BHO is of foreign birth. The fact is we simply don’t know anything because no one is allowed to have complete access to any documents of substance for examination.

I am investigating this [the SS issue] and others because I am a believer in government accountability and open access. Further, on something as simple as a birth certificate, or rather, proof of native or natural born status, should be a simple matter, but it is not.

It is quite possible that BHO was born in HI; just as it is possible that he was born in Kenya. It is also possible that, even if BHO proves that he is natural born, that he attended Occidental college under an Indonesian passport while also having registered for Selective Service as an American citizen.

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Obama’s COLB: State May Not Recognize, Long Form No Longer Produced

06/8/2009

Via TheObamaFile.com, the Hawaiian Department of Home Lands currently has more stringent guidelines for being eligible for certain State programs than many in the opposition require for being President:

There are two categories of documents used in determining eligibility: primary and secondary.

Primary Documents

The primary documents used to show you are of age and a qualified native Hawaiian are:

  • A certified copy of Certificate of Birth;
  • A certified copy of Certificate of Hawaiian Birth, including testimonies; or
  • A certified copy of Certificate of Delayed Birth.

You will need the certified birth certificates for:

  • Yourself
  • Your biological father; and
  • Your biological mother

The state Department of Health, (DOH), Vital Records Section, records documents by island and district (geographically) and by the date of the event (chronologically).

If your biological parents’ documents don’t clearly prove that you have at least 50 percent Hawaiian ancestry, you will also need certified birth certificates for:

  • Your biological father’s parents; and
  • Your biological mother’s parents.

In order to process your application, DHHL utilizes information that is found only on the original Certificate of Live Birth, which is either black or green. This is a more complete record of your birth than the Certification of Live Birth (a computer-generated printout). Submitting the original Certificate of Live Birth will save you time and money since the computer-generated Certification requires additional verification by DHHL. [final paragraph emphasis mine/TheObamaFiles']

Hawaii Home Lands won’t take it, but Obama insists it certifies him to be Commander-in-Chief.

Here is an example what a long-form, Certificate of Live Birth looks like:

The final paragraph of the above “Primary Documents” section ends accordingly:

If you are adopted, your biological birth record is probably sealed. In this instance, DHHL staff may be able to assist you in getting the ethnicity of your biological parents. [emphasis mine]

So much for the opposition fighting over the use of the word, “sealed” to allegedly “falsely” describe the fact that Mr. Obama doesn’t allow public access to his background documentation.

There’s more. The Star Bulletin reports that you cannot receive a certificate of live birth from the great State of Hawaii any longer:

The state Department of Health no longer issues copies of paper birth certificates as was done in the past, said spokeswoman Janice Okubo.

The department only issues “certifications” of live births, and that is the “official birth certificate” issued by the state of Hawaii, she said.

And, it’s only available in electronic form.

Okubo explained that the Health Department went paperless in 2001.

“At that time, all information for births from 1908 (on) was put into electronic files for consistent reporting,” she said.

Information about births is transferred electronically from hospitals to the department.

“The electronic record of the birth is what (the Health Department) now keeps on file in order to provide same-day certified copies at our help window for most requests,” Okubo said.

Asked for more information about the short-form versus long-form birth documents, Okubo said the Health Department “does not have a short-form or long-form certificate.”

“The birth certificate form has been modified over the years and decades to conform to national standards and models,” she said.

Okubo also emphasized the certification form “contains all the information needed by all federal government agencies for transactions requiring a birth certificate.”

She added that the U.S. Supreme Court has recognized the state’s current certification of live birth “as an official birth certificate meeting all federal and other requirements.”

The issue of what constitutes an official Hawaii birth certificate received national attention during last year’s presidential campaign. Those who doubted Barack Obama’s American citizenship called the copy of the Hawaii birth document posted on his campaign Web site a fake.

Asked about that document, Okubo said, “This is the same certified copy everyone receives when they request a birth certificate.”

We found a discussion of “the truth about Obama’s birth certificate” on the Web site FactCheck.org — www.factcheck.org/elections-2008/born_in_the_usa.html.

The organization describes itself as “a nonpartisan, nonprofit ‘consumer advocate’ for voters that aims to reduce the level of deception and confusion in U.S. politics.”

It says a “certification of live birth” is, in fact, a short-form official birth certificate. Information included in the document might differ from state to state.

Nevertheless, Hawaii has previously claimed to have Mr. Obama’s original birth certificate on hand. And, as WorldNetDaily points out, the above Star Bulletin article raises more questions than answers:

…Obama’s “citizenship” was never the question raised during the campaign or after the election. The issue raised by WND has consistently been that Obama failed to prove he was actually born in Hawaii and thus constitutionally qualified to become president as a “natural born citizen” – which requires that the birth took place in the United States.

The qualifications for the Hawaiian Home Lands program require a certified copy of a standard birth certificate – also known as the “long-form certificate” filled out in the hospital and including details such as the name of the hospital and the attending physician. …

According to Hawaii’s Department of Health spokeswoman Janice Okubo, the state only issues “certifications” of live births since 2001 when the health department went paperless. It is only available in electronic form, she said. …

She did not explain how those needing a standard long-form birth certificate to qualify for programs such as those offered by the Department of Hawaiian Home Lands or to establish proof of eligibility to be president could be fulfilled. She said the U.S. Supreme Court has recognized the state’s current certification of live birth “as an official birth certificate meeting all federal and other requirements.” She did not, however, cite any specific rulings, and the Supreme Court has not taken up the issue of whether the certification of live birth would qualify a presidential candidate as eligible under the “natural born citizen” clause.

Many of members of the public commenting on the Star Bulletin column raised similar questions:

  • “I’m fifty years old and I need to apply for a passport,” wrote one. “So I scan some representation of COLB onto my Facebook page. If I take my laptop to the DMV, can I just open my laptop to show my web page to the clerk who will then verify my citizenship and issue me a legal passport? I’m sorry but some documents need a paper trail.”
  • “To be president you need to be a ‘natural born citizen,'” said another. “That means you are born in this country of ‘parents that are citizens.’ Note that both ‘parent’ and ‘citizen’ are plural. His father was a British subject and, yes, under the laws of both the United States and the UK at the time [when] he was born, Obama’s citizenship was passed by descent of the father. These are the facts. We have laws and no one is above them.”
  • “There seems to be a great deal of secrecy surrounding this whole situation,” said another. “I’ve read that he has three legal teams keeping his info private. He has also had all hiscollege records sealed. So this is transparency and change? Why all the mystery?”

See the following links regarding the eligibility saga:

-Phil

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Thomas Paine: The Bicentennial Revolutionary

06/8/2009

The following posting from TenthAmendmentCenter.com is so poignant to today’s federalist struggles that it warrants being re-posted in its entirety. As you read it through, keep in mind the absolute importance of the 9th and 10th Amendments to the American Constitution, in that rights are conferred by the Creator upon the individual and not the State:

Editor’s Note: June 8, 2009 marks the 200th anniversary of the death of a hero.  Thomas Paine was actively involved in both the American and French Revolutions and is best known for his major worksCommon SenseThe Rights of Man and The Age of Reason.

But, Paine was more than just a pamphleteer for the cause of freedom. He was a serious political philosopher, as the following excerpt from The Rights of Man demonstrates.

Society is a Blessing, But Government is Evil
by Thomas Paine

A great part of that order which reigns among mankind is not the effect of government. It had its origin in the principles of society, and the natural constitution of man. It existed prior to government, and would exist if the formality of government was abolished. The mutual dependence and reciprocal interest which man has in man and all the parts of a civilized community upon each other create that great chain of connection which holds it together.

The landholder, the farmer, the manufacturer, the merchant, the tradesman, and every occupation prospers by the aid which each receives from the other, and from the whole. Common interest regulates their concerns, and forms their laws; and the laws which common usage ordains, have a greater influence than the laws of government. In fine, society performs for itself almost everything that is ascribed to government.

To understand the nature and quantity of government proper for man it is necessary to attend to his character. As nature created him for social life, she fitted him for the station she intended. In all cases she made his natural wants greater than his individual powers. No one man is capable, without the aid of society, of supplying his own wants; and those wants acting upon every individual impel the whole of them into society, as naturally as gravitation acts to a center.

But she has gone further. She has not only forced man into society by a diversity of wants, which the reciprocal aid of social affections, which, though not necessary to his existence, are essential to his happiness. There is no period in life when this love for society ceases to act. It begins and ends with our being.

If we examine, with attention, into the composition and constitution of man, the diversity of talents in different men for reciprocally accommodating the wants of each other, his propensity to society, and consequently to preserve the advantages resulting from it, we shall easily discover that a great part of what is called government is mere imposition. …

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Kerchner v. Obama: Court is “working on it”

06/8/2009

Mario Apuzzo, attorney for Plaintiffs in Kerchner v. Obama, had filed a Declaration Opposing Defendants’ Motion to Extend Time to Answer or Otherwise Move as to the Amended Complaint Returnable June 1, 2009 (a brief background can be found here). He posted an update concerning the status of this case today:

There are many who want an update on what is going on with the court in the Kerchner case. The court listed the defendants’ (Obama, USA, Congress, Senate, House, Cheney, and Pelosi) motion for a second extension of time to answer or otherwise move as to the amended complaint for June 1, 2009. Not receiving any decision from the court as of June 5, 2009, I contacted Judge Schneider’s law clerk on June 5, 2009. She advised me that the June 1, 2009 date was a tentative date, with the court being able to decide the motion either before or after the date. She told me that the defendants’ motion was still pending and that “they” were working on it. She was not able to give me any more specific information as to when we can expect a decision.

I know that many of you are frustrated and have lost faith in the integrity of our legal system. I know that many of you do not believe that, given that we are so far post election and the lack of any support from our political leaders, institutions, and mainstream media, a court will have the moral and legal courage to do what you believe to be justice. But at this point, we can only believe and hope in a court honoring the Constitution and the rule of law by upholding the original intent of the Founding Fathers on the question of what is an Article II “natural born Citizen.” …

Under the British Nationality Act of 1948, Obama’s father became a British subject when he was born in Kenya. When Obama Jr. was born in 1961, his mother was a U.S. citizen and his father a British subject. At the time of his birth, his father, being in the U.S. only on a temporary basis to study, was not even a permanent resident or immigrant. When Obama was born, under the same British Nationality Act of 1948, he automatically became a British subject by decent from his father. Obama Jr., having a British father and being born a British subject himself, along with presumably being a United States citizen under a liberal and probably erroneous interpretation of the 14th Amendment (if he was born in the U.S.), was born with multiple allegiances and therefore fails the law of nations test and is not eligible under Article II to be President.

Moreover, given how Obama has so far comported himself and poorly represented the interests of the United States internationally, I doubt that he knows and appreciates that he “ought therefore to love [America] . . .” and “express a just gratitude to it, and requite its service as far as possible by serving it in turn.” Vattel.

Only our courts and eventually the U.S. Supreme Court are able to tell America what a “natural born Citizen” is, as envisioned by the Founding Fathers. The fate and future of and what type of nation America is going to be is all in their hands. In our Constitutional Republic, we have to allow due process to take its course and wait for their decision.

A primer on eligibility can be found here; Mr. Obama’s “sealed from public view” background documentation can be found here; a current listing of citizen grand jury updates and eligibility lawsuits can be found here.

-Phil

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