Eligibility Update: HI AG Response to Questions; “Birther” Infomercial Airs; Kerchner v. Obama Letter to Judge

As I had been reporting, attorney Leo Donofrio has teamed up with “TerriK” (Update: they are peaceably going in separate directions)  in an investigation and potential lawsuit aimed at discovering upon what basis did Hawaii Department of Health Director Dr. Chiyome Fukino declare that Mr. Obama is a natural born citizen.

Today, Mr. Donofrio posted on his web site that the Hawaiian Attorney General Mark Bennett approved Dr. Fukino’s July 27 press release, lending credence to the fact that we, the People, have a right to know the basis for such a claim (much more at the referenced link):

Justin Riggs sent the following email to DoH Communications Director Janice Okubo on July 29, 2009:

From: Justin Riggs [email address redacted]
Date: Wed, Jul 29, 2009 at 12:03 PM
To: …janice.okubo@doh.hawaii.gov, [redacted other recipient]

…Ms. Okubo,

I am currently a masters degree candidate at …

The reason that I am contacting your organizations is that you are, as far as I can tell from my research, the only two groups that have openly stated that President Obama is a natural born citizen (one of the Article II, Section I qualifications for being President). I would like to document how you came to that conclusion: i.e. what the criteria is for your organization, what evidence the candidate provides, etc.
I thank you for your time, and look forward to receiving a response in the near future.

Sincerely,

Justin W. Riggs

Janice Okubo responded later that day:

From: Okubo, Janice S..
Date: Wed, Jul 29, 2009 at 12:20 PM
To: Justin Riggs [email address redacted]…

Aloha Justin,

The statement was reviewed and approved by our Attorney General Mark Bennett. I am unable to provide further comment.

Janice Okubo
Communications Office
Hawaii State Department of Health…

So, we know that Hawaii Attorney General Mark Bennet “reviewed and approved” Fukino’s July 27th press release. Bennet may have prepared the entire press release or perhaps just the “natural-born” part. We don’t know. Okubo states that she is unable to provide further comment, so the rest is a mystery at this point. But we certainly have another public statement here which makes information available to the public.

The public is therefore entitled to all records maintained by Hawaii officials which pertain to this July 29th statement by Okubo. For example, any emails between Okubo and AG Bennett, between Okubo and Fukino, between Bennett and Fukino, Governor Lingle, etc. which guided Okubo’s statement to Justin Riggs must be disclosed along with memos, letters, transcripts, video and telephonic conference recordings and any other records maintained thereto.

The same goes for any records maintained documenting dialogue between Hawaii officials and federal officials as to this issue.

But more important is that all of the above records pertaining to Fukino’s July 27th press release must also be disclosed.

In related news, a concerned citizen forwarded me the following story out of Springfield, Missouri from KY3.com regarding an infomercial concerning “birthers:”

[The following report is a rough approximation of the reporting in the above video]

SPRINGFIELD — Almost nine months into his presidency and there are still groups questioning Barack Obama’s U.S. citizenship.

And now the so-called “birther” movement has taken to the airwaves right here in Missouri.

A fundamentalist Christian group has teamed up with a right-wing legal foundation to put together a half hour infomercial, asking the question: “Where was President Obama born?” The group has aired the ads in cities in seven states, and last week, if you were up late enough, you could’ve seen it in the Ozarks.

It aired at midnight last Thursday on Ky3’s sister station, KSPR. It’s the latest piece of evidence that the “birther” movement is not about to go dark.

“It’s obvious President Obama is trying to hide where he was really born,” blasts the infomercial.

Despite verification from the Hawaii Department of Health that the president has a valid state certificate of birth, Live Prayer.com has teamed up with the United States Justice Foundation to urge people to write $30 checks to help pay for faxes asking every state Attorneys General to launch an investigation.

As a thank-you, recipients will receive a bumper sticker, which reads, “Got birth certificate?”

It may be a fringe movement, but Ky3 Incorporated General Manager Mike Scott said the station will only restrict content if it violates the law or is deemed libelous.

“Obviously, the opinions of this particular program may be a minority of our viewers, but certainly I think this group has the right to express themselves. I don’t think it’s libelous in any fashion,” Scott said.

“A lot of us might feel differently and find fault in what they’re saying — but it’s really not our position to judge that,” he added.
The entire movement has forced Republicans into sticky situations. Congressman Roy Blunt said this summer that the birth certificate issue was legitimate.

I don’t know anyone else that can’t produce one, and I think that’s a legitimate question,” Blunt, a candidate for U.S. Senate, is seen saying on a YouTube video.

Gary Kreep, executive director of the U.S. Justice Foundation said he is not sure if he would be pursuing this issue if John McCain had been elected president.

“I might be, the issue never came up,” Kreep said.

Kreep has doubts about the authenticity of the documents produced thus far.

“If Mr. Obama is not a natural born citizen, then he committed a criminal act in every state he signed nominating papers,” said Kreep in a phone interview with Ky3 News from California.

But dig deeper into Live Prayer’s background and you see uglier motivations.

A video on its website compares President Obama’s promise of “hope and change” to Adolph Hitler’s.

“The people of Germany had no idea that Hitler’s Hope & Change would lead to the death of 60 million people,” says a video posted on the group’s website.

Kreep said he doesn’t endorse Live Prayer’s comparisons of President Obama to Hitler. He said his group has already received between 1500 to 2000 faxes from around the country, calling for an investigation.

The Missouri Republican Party declined to comment on the groups involved or the infomercial. [emphases added]

Kudos to the GM for recognizing that the 1st Amendment is still in force. And regarding the Nazi inferences, I certainly don’t disagree with what the video portrays, especially since it was Madame Speaker who started the whole name-calling frenzy to begin with.

Mario Apuzzo, attorney for Plaintiffs in Kerchner v. Obama, submitted the following letter to USDC Judge Jerome Simandle asking why any response from the Court is now 6 weeks overdue:

Kerchner v Obama & Congress – Doc 39 – Inquiry Letter to Judge Simandle FILED 10-1-09

And The Post & Email’s John Charlton asks the following of the Kenyan ambassador at Rome, hoping for a response:

July 20, 2009

H.E. Mrs. Ann B. Nyikuli,
Ambassador of Kenya to the Italian Republic
Embassy of the Republic of Kenya,
Via Archimede, 164
00197  ROMA

Dear Ambassador,

I am a citizen of the Republic of Italy, but writing to you regarding a question I have about the most famous son of Kenya, the U.S. President Barrack Hussein Obama.

My American friends are telling me that there is a controversy over whether President Obama is the son of Barrack Obama, of the Lulo tribe, in Kenya, or whether he is the son of an American Black civil rights activist, Frank Marshall Davis, in the USA, who resided in Hawaii.

My question is this:  Can you confirm for me that the Government of Kenya has documents of its own which testify to the paternity of Barrack Obama, of the Lulo Tribe, as being the biological father of the U.S.President, Barrack Hussein Obama? And if you can confirm this, what kind of documents are these (adoption, registration of birth, birth certificate, medical records).  I do not want the documents, I only want your confirmation that Kenya has some documents of its own, to claim Obama as a son of the soil.

Please respond in writing, so I can have something solid to refute these silly ideas of my American friends!

Thank you,

[Name and Address redacted] [emphasis original]

See the following links regarding the eligibility saga:

-Phil

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Photo courtesy macprohawaii at flickr

57 thoughts on “Eligibility Update: HI AG Response to Questions; “Birther” Infomercial Airs; Kerchner v. Obama Letter to Judge”

  1. More bull$$it rhetoric and spin from you…I think I’ll take my chances with Kerchner and Apuzzo over your nonsense….you don’t know much about the Constitution because you keep trying to tell people that you don’t have to be “natural born” in order to be POTUS and further more you don’t know the meaning of “natural born”…study the case law and read what the founders intended once the grandfather clause was up….OBOTS still on the Kool-aid are the only ones who accept the FRAUD as POTUS….with every passing day there are fewer and fewer of you who accept him as POTUS…look at the decline of his poll #’s…I have many friends who are now leaving the DemoCRAP party because of his LIES and refusal to show his pertinent documents….I still say Chavez is your man!!!
    ____________________________________________________________________
    I hope you will take your chances with Apuzzo and Kerchner. Their case has no chance if winning. I have seen his evidence and it has throughly been debunked by real lawyers, not DWI lawyers pretending to know about Constitutional law. I never said that you don’t have to be natural born to be President. I said that the Constitution does not state what the definition of natural born is. The Supreme Court in the Wong Kim Ark case stated in the majority opinion that citizenship in this country comes from English Common law, not De Vattel. All of Apuzzo’s so called arugments were used over 100 years ago by George Collins, and he was the losing lawyer in the Wong Kim case. Your problem for whatever case you possibly may cite that may agrue Vattel there are more cases that say English Common law is where our citizenship laws come from. And De Vattel in his so called law of nations never stated that 2 parents needed to be citizens. He actually stated that the father, or one needed to be a citizen. So when Apuzzo fails, and he will, then we will see where the movement goes next.

  2. Black Lion says:
    October 3, 2009 at 10:47 pm

    Jacqlyn Smith says:
    October 3, 2009 at 6:48 pm

    ********************************************************************

    BL…if you had an inkling of an idea about the Constitution you would know that it doesn’t state per say in the Constitution that you must be born to 2 US citizens…..however….it does say you must be a “natural born” citizen…..this interpretation of the Constitution comes from various court cases and the Law of Nations by Vattel…however you already know all this as do all of us here yet you continue to ask for the proof in the Constitution!

    Your rhetoric is more proof than we all need that you are not a TRUE AMERICAN and that you believe the FRAUD in our White House is ABOVE THE LAW….wake up OBOT or move to another country that has a different type of government that isn’t of the people, by the people and for the people….sounds like Chavez is your man!!!!
    ____________________________________________________________________
    I know about the Constitution, and I know that it does not even reference De Vattel. The Supreme Court has already stated in numerous cases that English Common Law was the basis of our Constitution. So continue with your De Vattel fantasy and we will see how far that gets with the SCOTUS.

    De Vattel never states that a natural born citizen had to have 2 citizen parents. Actual translations indicate that he may have meant that only the father need to be a citizen. Meaning you only needed one parent to be a US citizen, which the President has. Either way the English Common law states that you only need to be born in a country to be a natural born citizen. Since the Constitution only defines 2 types of citizens, naturalized and the ones born on the soil of a country.

    So I am not a true American. I guess I will have to change my Birth Certificate which shows that I was born in the United States. Seriously a true American believes in the law. Even when they don’t agree with the results. Most True Americans has accepted that Barack Obama in the 44th President of the United States.

    *******************************************************************

    More bull$$it rhetoric and spin from you…I think I’ll take my chances with Kerchner and Apuzzo over your nonsense….you don’t know much about the Constitution because you keep trying to tell people that you don’t have to be “natural born” in order to be POTUS and further more you don’t know the meaning of “natural born”…study the case law and read what the founders intended once the grandfather clause was up….OBOTS still on the Kool-aid are the only ones who accept the FRAUD as POTUS….with every passing day there are fewer and fewer of you who accept him as POTUS…look at the decline of his poll #’s…I have many friends who are now leaving the DemoCRAP party because of his LIES and refusal to show his pertinent documents….I still say Chavez is your man!!!

  3. Jacqlyn Smith says:
    October 3, 2009 at 6:48 pm

    ********************************************************************

    BL…if you had an inkling of an idea about the Constitution you would know that it doesn’t state per say in the Constitution that you must be born to 2 US citizens…..however….it does say you must be a “natural born” citizen…..this interpretation of the Constitution comes from various court cases and the Law of Nations by Vattel…however you already know all this as do all of us here yet you continue to ask for the proof in the Constitution!

    Your rhetoric is more proof than we all need that you are not a TRUE AMERICAN and that you believe the FRAUD in our White House is ABOVE THE LAW….wake up OBOT or move to another country that has a different type of government that isn’t of the people, by the people and for the people….sounds like Chavez is your man!!!!
    ____________________________________________________________________
    I know about the Constitution, and I know that it does not even reference De Vattel. The Supreme Court has already stated in numerous cases that English Common Law was the basis of our Constitution. So continue with your De Vattel fantasy and we will see how far that gets with the SCOTUS.

    De Vattel never states that a natural born citizen had to have 2 citizen parents. Actual translations indicate that he may have meant that only the father need to be a citizen. Meaning you only needed one parent to be a US citizen, which the President has. Either way the English Common law states that you only need to be born in a country to be a natural born citizen. Since the Constitution only defines 2 types of citizens, naturalized and the ones born on the soil of a country.

    So I am not a true American. I guess I will have to change my Birth Certificate which shows that I was born in the United States. Seriously a true American believes in the law. Even when they don’t agree with the results. Most True Americans has accepted that Barack Obama in the 44th President of the United States.

  4. Black Lion says:
    October 3, 2009 at 5:48 pm

    Melvin E. Holliday says:
    October 3, 2009 at 3:54 pm
    I continue to be amazed at the arguments for and against the subject of constitutionality to hold office of President by Barrack Obama. Not even considering the facts that both his parents were not American citizens which should automatically disqualify him. The failure to produce one legal document of proof is not only amazing but dumbfounding. The reluctance of Obama to bring this situation to a close is mystifying. Were I accused of a crime and I had proof that I was not guilty I would most certainly produce the evidence. There are simple elements here that keep getting hashed over and over for no apparent reason. I won’t be happy until the outcome has been proven one way or another. Obama must realize this so with every passing day he continues to make himself look more and more guilty. He either has an ultimate plan of making everyone involved look bad or he is as guilty as sin and ….we the people will prevail.
    ____________________________________________________________________
    If you could just point out to us where in the Constitution that it states that both of your parents need to be US citizens for a person to be eligible to be President then your statement would make sense. OK, if not the Constitution then a law? Please enlighten us. What is mystifying is how you just make up requirements that are not in the Constitution. And by the way his mother was an American citizen.

    If I was accused of a crime then I agree with you, I would supply evidence of my innocence. However the President is not being charged with a crime and the Constitution has a remedy if you want to charge the President with something, that is Congress. Either way if I recall if you are accusing some of something you should have some evidence. So far there has been no legitimate evidence submitted. And by the way he has released the suffcient evidence to prove where he was born. If you choose not to believe it, then that is up to you and the less than 1% that actually believe that. The bottom line is that he was born in HI and is eligible to be President.

    ********************************************************************

    BL…if you had an inkling of an idea about the Constitution you would know that it doesn’t state per say in the Constitution that you must be born to 2 US citizens…..however….it does say you must be a “natural born” citizen…..this interpretation of the Constitution comes from various court cases and the Law of Nations by Vattel…however you already know all this as do all of us here yet you continue to ask for the proof in the Constitution!

    Your rhetoric is more proof than we all need that you are not a TRUE AMERICAN and that you believe the FRAUD in our White House is ABOVE THE LAW….wake up OBOT or move to another country that has a different type of government that isn’t of the people, by the people and for the people….sounds like Chavez is your man!!!!

  5. Melvin E. Holliday says:
    October 3, 2009 at 3:54 pm
    I continue to be amazed at the arguments for and against the subject of constitutionality to hold office of President by Barrack Obama. Not even considering the facts that both his parents were not American citizens which should automatically disqualify him. The failure to produce one legal document of proof is not only amazing but dumbfounding. The reluctance of Obama to bring this situation to a close is mystifying. Were I accused of a crime and I had proof that I was not guilty I would most certainly produce the evidence. There are simple elements here that keep getting hashed over and over for no apparent reason. I won’t be happy until the outcome has been proven one way or another. Obama must realize this so with every passing day he continues to make himself look more and more guilty. He either has an ultimate plan of making everyone involved look bad or he is as guilty as sin and ….we the people will prevail.
    ____________________________________________________________________
    If you could just point out to us where in the Constitution that it states that both of your parents need to be US citizens for a person to be eligible to be President then your statement would make sense. OK, if not the Constitution then a law? Please enlighten us. What is mystifying is how you just make up requirements that are not in the Constitution. And by the way his mother was an American citizen.

    If I was accused of a crime then I agree with you, I would supply evidence of my innocence. However the President is not being charged with a crime and the Constitution has a remedy if you want to charge the President with something, that is Congress. Either way if I recall if you are accusing some of something you should have some evidence. So far there has been no legitimate evidence submitted. And by the way he has released the suffcient evidence to prove where he was born. If you choose not to believe it, then that is up to you and the less than 1% that actually believe that. The bottom line is that he was born in HI and is eligible to be President.

  6. I continue to be amazed at the arguments for and against the subject of constitutionality to hold office of President by Barrack Obama. Not even considering the facts that both his parents were not American citizens which should automatically disqualify him. The failure to produce one legal document of proof is not only amazing but dumbfounding. The reluctance of Obama to bring this situation to a close is mystifying. Were I accused of a crime and I had proof that I was not guilty I would most certainly produce the evidence. There are simple elements here that keep getting hashed over and over for no apparent reason. I won’t be happy until the outcome has been proven one way or another. Obama must realize this so with every passing day he continues to make himself look more and more guilty. He either has an ultimate plan of making everyone involved look bad or he is as guilty as sin and ….we the people will prevail.

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