Links in “API”

I’ve attempted to aggregate a number of news-worthy items into a single post today. As such, here’s a quick table of contents of what you can expect to see in this entry:

• Leo talks about what it means to be a “natural born citizen” on Lan Lamphere’s site; I’ve also included a link to Mr. Lamphere’s audio archives of Leo’s interviews
• Ron Polarik, PhD, releases his final report on an empirical investigation of Barack Obama’s alleged birth certificate that has been spread across the Internet; there’s an updated listing of all paperwork that has been suppressed or is still unknown concerning Barack Obama
  • ***NOTE***: Lan Lamphere is now saying this is a fraud
  • New YouTube video available
• A great posting from The Prophet of Wrath on the “Manchurian Candidate”
• Has African Press International been found out?

Read on…

To start, Leo Donofrio posted an excellent piece on Lan Lamphere’s site (I’m going to reproduce it here, in full, for the fact that many strange things have been happening with Leo’s works lately; Mr. Lamphere, let me know if this is a problem!):

This blog post below contains the single most controlling legal precedent establishing Senator Barack Obama’s ineligibility to be President under the Constitution. So I am leaving this blog post at the top of the blog for the next few days. Please study its simple premise.)

Don’t be distracted by the birth certificate and Indonesia issues. They are irrelevant to Senator Obama’s ineligibility to be President. Since Barack Obama’s father was a Citizen of Kenya and therefore subject to the jurisdiction of the United Kingdom at the time of Senator Obama’s birth, then Senator Obama was a British Citizen “at birth”, just like the Framers of the Constitution, and therefore, even if he were to produce an original birth certificate proving he were born on US soil, he still wouldn’t be eligible to be President.

The Framers of the Constitution, at the time of their birth, were also British Citizens and that’s why the Framers declared that, while they were Citizens of the United States, they themselves were not “natural born Citizens”. Hence their inclusion of the grandfather clause in Article 2, Section 1, Clause 5 of the Constitution:

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;

That’s it right there. (Emphasis added.)

The Framers wanted to make themselves eligible to be President, but they didn’t want future generations to be Governed by a Commander In Chief who had split loyalty to another Country. The Framers were comfortable making an exception for themselves. They did, after all, create the Constitution. But they were not comfortable with the possibility of future generations of Presidents being born under the jurisdiction of Foreign Powers, especially Great Britain and its monarchy, who the Framers and Colonists fought so hard in the American Revolution to be free of.

The Framers declared themselves not eligible to be President as “natural born Citizens”, so they wrote the grandfather clause in for the limited exception of allowing themselves to be eligible to the Presidency in the early formative years of our infant nation.

But nobody alive today can claim eligibility to be President under the grandfather clause since nobody alive today was a citizen of the US at the time the Constitution was adopted.

The Framers distinguished between “natural born Citizens” and all other “Citizens”. And that’s why it’s important to note the 14th Amendment only confers the title of “Citizen”, not “natural born Citizen”. The Framers were Citizens, but they weren’t natural born Citizens. They put the stigma of not being natural born Citizens on themselves in the Constitution and they are the ones who wrote the Document.

Since the the Framers didn’t consider themselves to have been “natural born Citizens” due to their having been subject to British jurisdiction at their birth, then Senator Obama, having also been subject to British jurisdiction at the time of his birth, also cannot be considered a “natural born Citizen” of the United States.
Barack Obama’s official web site, Fight The Smears, admits he was a British Citizen at birth. At the very bottom of the section of his web site that shows an alleged official Certification Of Live Birth, the web site lists the following information and link thereto:
FactCheck.org Clarifies Barack’s Citizenship

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.

Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.”

That is a direct admission Barack Obama was a British citizen “at birth”.

My law suit argues that since Obama had dual citizenship “at birth” and therefore split loyalties “at birth”, he is not a “natural born citizen” of the United States. A “natural born citizen” would have no other jurisdiction over him “at birth” other than that of the United States. The Framers chose the words “natural born” and those words cannot be ignored. The status referred to in Article 2, Section 1, “natural born citizen”, pertains to the status of the person’s citizenship “at birth”.

The other numerous law suits circling Obama to question his eligibility fail to hit the mark on this issue. Since Obama was, “at birth”, a British citizen, it is completely irrelevant, as to the issue of Constitutional “natural born citizen” status, whether Obama was born in Hawaii or abroad. Either way, he is not eligible to be President. Should Obama produce an original birth certificate showing he was born in Hawaii, it will not change the fact that Obama was a British citizen “at birth”.

Obama has admitted to being a British subject “at birth”. And as will be made perfectly clear below, his being subject to British jurisdiction “at birth” bars him from being eligible to be President of the United States.

As I have argued before the United States Supreme Court, the 14th Amendment does not confer “natural born citizen” status anywhere in its text. It simply states that a person born in the United States is a “Citizen”, and only if he is “subject to the jurisdiction” of the United States.

Article 2, Section 1, Clause 5 of the Constitution of the United 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; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.”

The most overlooked words in that section are: “…or a Citizen of the United States, at the time of the Adoption of this Constitution…” You must recall that most, if not all, of the framers of the Constitution were, at birth, born as British subjects.

Stop and think about that.

The chosen wording of the Framers here makes it clear that they had drawn a distinction between themselves – persons born subject to British jurisdiction – and “natural born citizens” who would not be born subject to British jurisdiction or any other jurisdiction other than the United States. And so the Framers grandfathered themselves into the Constitution as being eligible to be President. But the grandfather clause only pertains to any person who was a Citizen… at the time of the Adoption of this Constitution. Obama was definitely not a Citizen at the time of the adoption of the Constitution and so he is not grandfathered in.

And so, for Obama or anybody else to be eligible to be President, they must be a “natural born citizen” of the United States “at birth”. It should be obvious that the Framers intended to deny the Presidency to anybody who was a British subject “at birth”. If this had not been their intention, then they would not have needed to include a grandfather clause which allowed the Framers themselves to be President.

Here’s the link to Lan Lamphere’s audio archive of his interviews with Leo Donofrio.

Via freerepublic.com (and the posting there is very long with lots of images; you can see reports on the report at Lan Lamphere’s site as well as the full report on Dr. Polarik’s blog on TownHall.com ) we have Dr. Ron Polarik’s final report on Obama’s birth certificate. The following is from theobamafile.com:

The Born Conspiracy

By Ron Polarik, PhD

Dr. Polarik’s final report is the culmination of over four months of intensive, empirical research, the sole purpose of which has been to determine if the images and photographs posted on the Internet are true reproductions of a genuine document purported to be Obama’s original birth certificate.

In his report, Dr. Polarik provides conclusive and irrefutable evidence that the Certificate of Live Birth (COLB) image created and distributed by Obama’s campaign to the Daily Kos, Annenberg’s Factcheck, and the St. Petersburg Times, and Politifact, is, unquestionably, a false identification document.

Furthermore, there is conclusive and irrefutable evidence that the photos taken by Annenberg’s Factcheck, in collusion with the Obama campaign, are themselves, false identification documents, having been made from the same false identification document image, as well as from additional false identification documents created for the same purpose; namely, to proffer these false identification documents as true reproductions of a genuine, Hawaii-issued and certified, “Certification of Live Birth” document, and thereby, intentionally deceive the American public into believing that Barack Hussein Obama is a natural-born citizen of the United States, and thereby, fully qualified to become their President. 

Sadly, mainstream media have totally ignored this inconvenient truth and are not even been willing to even look at this birth certificate issue.  They are all still in-the-tank for Obama, but even more so now that he is in line to be President.  They all bought into the lies and fraudulent documents proffered up as evidence on Obama’s qualifications.  They have been too quick to label as “trash” or “garbage” any legitimate questions asked about Obama’s real birth certificate.  Even high-ranking governmental officials in the state of Hawaii where Obama was allegedly born, won’t reveal what’s on Obama’s original birth certificate.  All they have said is that they have it.  They have not said (1) where Obama was born, (2) when Obama was born, or (3) even to whom Obama was born.

The answer to “What’s on Barack Obama’s real, original birth certificate” ranks right up there with some of the great mysteries of our time — and that is really hard to swallow.  That a man, with a dubious background, has been elected to the highest office of the greatest superpower in the world without ever having to prove who he says he is!  That is not “nutty,” that’s just plain insane!

With all that said, and without further ado, I present to you my final and complete report on Barack Obama’s bogus birth certificate, The Born Conspiracy.

Dr. Polariks’ Final Report

WARNING:  This explosive report is BIG with many large images.  If you do not have high-speed Internet access, go get a cup of coffee when you click the link.

Incidentally, theobamafile.com updates the listing of all of the documentation that is presently unknown or sealed from the public, pertaining to Barack Obama:

The American People want to know, who sent you?

Obama has lived for 48 years without leaving any footprints — none!  There is no Obama documentation — no records — no paper trail — none — this can’t be an accident.

Original, vault copy birth certificate — Not released
Certificate of Live Birth — Released – Counterfeit
Obama/Dunham marriage license — Not released
Soetoro/Dunham marriage license — Not released
Soetoro adoption records — Not released
Fransiskus Assisi School  School application — Released
Punahou School records — Not released
Selective Service Registration — Released – Counterfeit
Occidental College records — Not released
Passport (Pakistan) — Not released
Columbia College records — Not released
Columbia thesis — Not released
Harvard College records — Not released
Harvard Law Review articles — None (maybe 1, unsigned?)
Baptism certificate — None
Medical records — Not released
Illinois State Senate records — None
Illinois State Senate schedule — Lost
Law practice client list — Not released
University of Chicago scholarly articles — None

The blogger, The Prophet of Wrath, has written an excellent posting on their perspective of the entire saga of Barack Obama.

And, finally, African Press International — as reported by ConWebBlog — is probably a true farce.

Philip Berg responds to the recent CT SOS lawsuit dismissal in Jeff Schreiber’s latest posting:

“At this point, we’re waiting and hoping and praying that Justice Souter rules in our favor and delays tomorrow’s election,” said Berg, mentioning as well that he filed a supplemental argument with the Court today. “They have the power. The United States Supreme Court has the power. They stopped the count in Florida in 2000, I was there in the panhandle when they stopped the count.”

…

“The odds are slim,” Berg said. “If the election goes on tomorrow as planned, we start going after the Electoral College on Wednesday. December 15 becomes our deadline. There’s still time. The Electoral College requires that a candidate be eligible, so we’re not stopping, that’s for sure.”

Hence why it’s a positive development that 24 electors of the Electoral College were planning to file suit today regarding Sen. Obama’s eligibility. Berg also noted he’ll continue to pursue his present course of action even if Sen. McCain wins.

And yes, API is still adamant that they’re going to get their Michelle Obama tape out to the public, no matter what media outlet it takes to do so (yup, they’re still at it). Click on the link to also see the emails they’ve purportedly sent between themselves and Fox News.

Is API working a fraud? Don’t know, but I’ve also heard rumors that since API is making users register to comment on their site, more and more spam emails are showing up in Inboxes.

Things that make you go, “Hmmm…”

-Phil

API now says they’re getting ready to sue Fox News and that Philip Berg will be a part of their US counsel.

For probably a month now, we have seen that African Press International has touted a particular tape/audio they claim to have in their possession that they say is of Michelle Obama talking about how Sen. Obama was born in Hawaii and that there’s no law in the US that will prevent him from being President. Allegedly, it is “revealed” to say that Sen. Obama’s potential guest list at the White House — should he become President — would include Kenyan PM Raila Odinga, and potentially higher-ups (they don’t say specifics) from Iran and Venezuela (naturally, one’s imagination could be piqued as to whom they’re describing).

Now, it appears, the real question is the following:

Which tape are they talking about?

Today, Jeff Shreiber had mentioned (near the bottom of his posting):

By the way — yes, I mean SARAH Obama. The so-called Michelle Obama tapes were from African Press International and, in my opinion, were a hoax from the get-go. Sarah Obama is Barack Obama’s grandmother. Berg has a tape, in Swahili, of a conversation between Barack’s Kenyan grandmother and someone over there (name withheld because of apparent security concerns) on the night of the last election, during which Sarah says that, yes, her famous grandson was born in Kenya. 

He told Michael Savage, about a week ago, that he would release the Sarah Obama tape “in the next day or two.” At the time, I think he intended to, but has not yet–as far as I know–received the affidavit from the Kenyan source. When I speak with him, I’ll ask him.

Now, Dean (better known by some as “Music Producer”) has observed back and forth with me that what Jeff is talking about — the Sarah Obama tape — is the tape actually in Philip Berg’s possession, where the bombshell is as what Jeff describes, above.

I may now have to go on record as saying that the tapes that API continues to purportedly have are illegite. Like Jeff, it would be quite the surprise if they actually exist, but I’ve always based my belief in its existence (the Michelle Obama tape, that is) on Mr. Berg having had it in his possession, but apparently I was wrong on that one. Therefore, to me, there’s next to no evidence that API even has such a thing.

I will nevertheless continue to monitor API for further updates.

-Phil

The story:

Censuring Obama’s grandmother: She is being censured by the police so that she does not say anything – a slip of a tongue may occur – that may reveal the identity and birth place of her grandson. If she were to say something in the line of – another citizenship, or that he was born in Kenya or Hawaii  and adopted by a foreigner, and Obama is elected, that may create a constitutional crisis in the US because that will open for lawsuits to ensure Obama is not sworn in as President.

This is a big surprise for the old woman who loves to talk to the local and international media about her grandson who may take over as the first black ruler in America. The Kenya police must have been instructed by the highest offices in the land to stop her from giving interviews between now and the election day.

The report says she will be allowed to speak to the media on the 5th of November – a presumption that she will be telling the media of the grandson’s victory in America. It is understood that she has assembled a delegation of 30 people and tickets already paid for in order to travel to the US on the 6th of November to attend what they say will be Obama’s victory celebration. This is like counting chicken before the eggs hatch.

 

Kenya: Obama’s family halts media interviews

Nairobi (Kenya) – The Kenya family of US Democratic presidential candidate Barack Obama has halted all media engagements until after the US presidential election on November 4.

The move has been taken to give Obama’s paternal grandmother, Mama Sarah Onyango Obama a break, according to a family member Mr Said Obama. In the recent past, a battery of local and international journalists have been visiting the home on a daily basis to seek interviews from the 85-year old granny.

But Mr Said Obama said the family would open up to the media on November 5, a day after the elections.

And on Wednesday, Siaya District police chief Mr Johnston Ipara said security officers would restrict entry to the home to ensure the family privacy is guaranteed

“People who visit the family’s home in K’Ogelo will be restrained from conducting interviews to the family members,” he said

Mr Ipara added the move was taken to ensure that people, especially the media, do not pre-empt the outcome of the US elections by using comments from the family members.

“We do not want Mama Sarah Obama to be disturbed at the moment she needs time to monitor the elections as they unfold,” said Ipara.

He said all visitors to the home would be thoroughly screened by the police before being allowed in.

Meanwhile, Obamamania continued to grip Kisumu town and its environs as hawkers cashed in on the craze to sell branded T-shirts, caps and badges.

Dancehalls have also recorded a high number of songs recorded in vernacular languages in praise of the US presidential candidate whose father was Kenyan.

————–

API/source.The Nation (Kenya) – October 29, 2008.

I did a cursory search for the “API/source.The Nation (Kenya)” source but didn’t find anything.

-Phil

To answer my own question, only time will tell. I do know, however, that this subject is beginning to percolate around the blogosphere, even though it’s being reported by African Press International, the same outfit that has claimed — for nearly 2 months — to have a tape/audio of Michelle Obama going off at the mouth for 53 minutes, yet with zero evidence to show for it…

Here’s API’s updated story (as originally posted on 9-NOV-2008):

The Imam who came forward to assist in the search of Barack Obama’s identity left Kenya secretly last night, and will arrive in the UK this morning. He will meet with a US contact person who will assist him in recording an asylum statement in the UK after handing over the documents that caused the blessing of Obama when he was born and to confirm the origin of the name Hussein.

The man will join relatives in the UK because his life will be in danger if he were to return to Kenya after removing the documents from the Mosque’s archives and taking them out of the country. The man has been informed about the on-going case filed in  the US Supreme Court by attorney Philip Berg challenging Barack Obama’s citizenship.

When the man heard that Jerome Corsi was in Kenya a few months ago, he took a decision to try and meet him, but had to travel back to Mombasa from Nairobi on hearing that Corsi had been bundled and taken to the airport on deportation orders.

The Imam is the grandson of the late Imam who blessed Barack Obama when he was born in Mombasa on the 4th of august 1961.

While in the UK, the Imam and the American contact person will visit Amnesty International before handing himself over to the authorities where he will formally deliver his application for asylum. The contact man has arranged so that they get an official from Amnesty international to accompany them to the home office desk where he will inform them on he dangers that will face him if he were to return to Kenya after delivering the documents on Obama.

This may now bring to close the speculations on Obama’s citizenship and the secrecy on where he was born.

API will dispatch a detailed letter in support of the Imam’s - application for asylum and protection  – to the UK Home Office Secretary later today. The letter will be made available on the site here, but minus the names of the Imam.

API’s also reporting that the birth document is now in safe hands.

Thanks also to Israpundit for covering this issue.

Folks, I don’t know what to make of all of this. A part of me still can’t believe I’m devoting an entire blog posting of my site to what could turn out to be a low-life sham-of-a-story. What’s worse (yes, I think it could be a worse reason), all of this from API could be a distraction from the Electoral College Suit, Berg v. Obama, Donofrio v. Wells, and the SOS Lawsuits.

So, I’ll continue to post what I think is news-worthy, and hope we can continue to press forward in confidence with those things that are actually in hand, versus what hasn’t had any evidence to substantiate it to date.

-Phil

For those who are still following this story, African Press International has two different posts with their latest claims.

API has been making claims to have evidence of Michelle Obama voicing off in a recorded interview for more than a month now, but no evidence to substantiate it. Maybe it’s about time for API to simply post portions of the audio on their site and be done with it (if it truly exists).

You can read some excerpts by reading more in this posting…

Today afternoon, API took a bold step to give Fox News Network a six hours ultimatum to decide on an immediate release of the tape - “that the tape be aired as soon as possible, latest tomorrow the 3rd of November if it has to have any value in connection with the US Presidential elections taking place on Tuesday the 4th of this month.

In a strong worded letter dictated by API’s Canadian Counsel, Fox News Network has been given the ultimatum to come to its senses and respect the agreement reached in New York on the 28th of October.

…

Any denials by any one in Fox News Network that seeks to embarrass API will not be taken lightly. Any such denials will be treated as a breach of contract and API will not hesitate taking legal action against the Network. We view the tape as a very important instrument that will serve to enlighten a number of people whose total interest is to have a leadership that earns their trust and will serve them diligently no matter what their beliefs are in today’s America.

…

API may decide to ignore the existing agreement if the engaging counsel is in agreement with API’s intended final approach that will enable the necessary steps to be taken in order to find other means to ensure the contents is made public immediately.

On Counsel’s advice, API gave Fox News Network an ultimatum yesterday (Sunday 2. November).

…

API will have a meeting in the morning  with Counsel in order to look for the best solution, thereafter take a decision and inform Fox News Network on the new direction to be followed in order to have the contents of the tape to be made public before the voting day. In the Process, and for the new plans to sail smoothly, and succeed, Fox News Network, if they do not accept to follow the new plan of action, will be asked to accept the cancellation of the existing agreement amicably in order to avoid any future disagreements that may arise and force the parties to move to the courts demanding compensation.

There has been interest on this site (and others) concerning updates on the various Secretaries of State lawsuits currently pending. I have been in contact with most of the principles in the various lawsuits and have received various bits of info that I will be posting here by this evening (it looks like Jeff is also on top of this as well). In the meantime, more news from API…

-Phil

From API:

Many people have been occupied with the Michelle Obama tape, wondering whether it will be made public by Fox News Network.

API would like to inform the readers that the denials by some people that there is no agreement to air the tape has no basis in truth.

API has a valid agreement with Fox News Network. The negotiation was done secretly between API’s 3 representatives and Fox News Network represented by two people. If any one comes out there and denies that we have a deal, such denials must be ignored.

The parties involved in the negotiations exchanged many emails in a 8 days period and that resulted in a written agreement. API is pleased to have Fox News Network as a partner on the Michelle Obama tape issue.

Despite denials by some people, we assure the readers that the tape, according to the agreement, is supposed to be aired by 2 Fox News Network shows, namely: The Sean Hannity Show and On the Record show by Greta Van Susteren.

We assure the readers that if Fox News Network does not do as stipulated in the agreement, API will breach the secrecy deal stating that – there shall be no publicity of the details in the agreement page, by any of the parties involved in the deal. If that happens, API will make public all the email correspondences and the whole agreement with Fox News Network.

If things do not go as planned between API and Fox News Network, API will ensure that the contents of the tape will be released one way or another so that the People who have believed in us will continue putting their trust on us. The release of the tape is also important for API’s credibility

So stay tuned and listen to the tape very soon.

Jeff reports that Philip Berg is still prepared to move forward in his lawsuit at the Supreme Court that he hopes will order President-elect Obama to release his vault copy birth certificate:

Today, attorney Philip Berg disseminated a press release reminding all that, despite the results of Tuesday’s election, his lawsuit against now President-elect Barack Obama is alive and well. As it stands now, the United States Supreme Court is awaiting a response which may or may not come from Obama, the DNC and Federal Election Commission by December 1, 2008.

“I look forward,” Berg said in the release,”to receiving Defendant Obama’s response to the Writ and am hopeful that the U.S. Supreme Court will review Berg v. Obama. I believe Mr. Obama is not a constitutionally-qualified natural-born citizen and is ineligible to assume the office of president of the United States.”

As far as I know, the respondents–Obama, DNC and FEC–are not required to respond, and may decline to do so out of confidence that the Court will simply deny Berg’s Petition for Writ of Certiorari. The U.S. Supreme Court receives approximately 8,000 such petitions each year, and only hears between 70 and 120 or so.

Berg, of course, is hopeful that the court will do the right thing, saying that our constitution hangs in the balance, and requiring the president-elect to submit his information would “avert a constitutional crisis.”

In slightly other news (though truly nothing new on this front), API continues to be adamant that they are “doing our best. It is not over yet” with respect to the tapes they allegedly possess. As always, we’ll see.

-Phil

Philip Berg has posted the presser on his website:

For Immediate Release: – 11/07/08

U. S. SUPREME COURT AWAITS RESPONSE TO
BERG’S WRIT OF CERTIORARI
FROM OBAMA, DNC and Co-DEFENDANTS

(Contact information and PDF at end)

(Lafayette Hill, Pennsylvania – 11/07/08) – Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States filed a Writ of Certiorari in the United States Supreme Court on October 30, 2008, requesting review of the United States District Court, Eastern District of Pennsylvania, Judge Surrick’s Dismissal of Philip J. Berg’s lawsuit against Barack H. Obama, Jr., the DNC and the other co-Defendants. Accordingly, the U. S. Supreme Court has set dates in which Barack Obama, the DNC and all co-Defendants are to respond to the Writ, which is on or before December 1, 2008.

Mr. Berg remarked today, “I look forward to receiving Defendant Obama’s response to the Writ and am hopeful the U. S. Supreme Court will review Berg v. Obama. I believe Mr. Obama is not a constitutionally-qualified natural-born citizen and is ineligible to assume the office of President of the United States.”

Mr. Berg’s case, Berg vs. Obama was dismissed from the United States District Court for the Eastern District of Pennsylvania, Docket # 08-cv-4083 for lack of standing. Mr. Berg filed a Writ of Certiorari for review of the case and an injunction to stay the election pending review. Justice Souter denied the injunction. It is expected that the Court will decide whether or not to review Berg v. Obama after the Defendants file their response, and Mr. Berg has replied to the Defendant’s response.

The Defendants’ response is due by December 1^st and Mr. Berg’s reply will be submitted thereafter.

API is reporting that the Mombasa Imam who claims to have blessed President-elect Obama with the “Hussein” name is travelling to the UK to record a statement and hand over certain “blessing” documents.

Like I and others have said before, all of these claims are great on the part of API, but until we see verifiable evidence, we’re still left with vapor.

Also, WorldNetDaily continues to cover Berg v. Obama.

-Phil

From Jeff this morning, we start off with the Third Circuit Court of Appeals response:

Philip Berg’s attempt to delay the election until after Illinois Sen. Barack Obama produces his birth certificate and other documentation proving his constitutional eligibility to serve as president of the United States has been rebuffed by the Third Circuit Court of Appeals. This afternoon [October 31], Circuit Judge Thomas Ambro denied the Emergency Motion for an Immediate Injunction to Stay the Presidential Election of November 4, 2008 Pending Resolution of the Petitioner’s Appeal filed by Berg two days ago.

Sorry, but I don’t think anyone would have actually kept the general election from occurring solely based on what is factually known on this issue, so I personally see this is a bit of a non-starter. Here’s the actual denial paragraph:

DENIED. For the reasons ably expressed by the District Court —and not addressed in Plaintiff-Appellant’s Emergency Motion— it appears that Plaintiff-Appellant lacks standing to challenge Senator Barack Obama’s candidacy for the Presidency of the United States. Accordingly, Plaintiff-Appellant has not shown a likelihood of success with respect to his appeal.

Philip Berg responded thusly:

“The Third Circuit took the wrong position, again saying that I don’t have standing,” he said. “If I don’t have standing, then nobody does. Nobody does. It’s not right. I am doing my best to stand up for the rights of every American citizen to question, according to basic provisions of our constitution, the eligibility of the man who very likely could be elected the next president of the United States in four days’ time.”

“Judge Surrick said that nobody had that right,” Berg said, noting that the district court judge suggested that Congress “should set up a mechanism for this sort of thing in the future.”

“We’re not dealing with the future, though,” Berg said. “This election is in four days, and now we’re leaving the hopes and wishes of all citizens who want the constitution followed with the Supreme Court.”

Regarding the standing issue, Mr. Berg has mentioned in certain court papers that, per Vermont v. United States, 529 US 765 (2000):

[t]he United States Supreme Court has held … that a private citizen such as the relator herein has standing to bring an action under the False Claims Act as this.  Thus, there can be no valid assertion whatsoever that the relator does not have standing to bring this instant action. The United States Supreme Court has expressly held otherwise.

Berg uses this to conclude, in part, the following:

Upon his wrongful election, defendant has received payment from the United States Government, specifically from the United States Department of the Treasury, of a salary as a United States Senator.  This payment of a salary to defendant Obama results from his submission of a false claim, within the full meaning of the False Claims Act, that he is a United States citizen entitled to a salary as a United States Senator.  He is not, as he cannot legally hold this federal office by virtue of his not being a United States citizen.

This would be a fascinating twist, if all of this comes to fruition and proves that Sen. Obama is not truly a US citizen.

Speaking of birth certificates, there are a couple of things happening. The first as reported by Jeff and the AP (via HonoluluAdvertiser.com):

State officials say there’s no doubt Barack Obama was born in Hawai’i

Health Department Director Dr. Chiyome Fukino said today she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama’s original birth certificate.

Fukino says that no state official, including Republican Gov. Linda Lingle, ever instructed that Obama’s certificate be handled differently.

She says state law bars release of a certified birth certificate to anyone who does not have a tangible interest.

Some Obama critics claim he was not born in the U.S.

Earlier today, a southwest Ohio magistrate rejected a challenge to Obama’s citizenship. Judges in Seattle and Philadelphia recently dismissed similar suits.

Berg responds accordingly:

“If they’re verifying that they’re having a birth certificate, they’re looking at it in violation of the governor’s instructions that nobody should be looking at it,” Berg said, referencing recently-refuted reports that Hawaii Gov. Linda Lingle, a republican and reportedly close friend of vice presidential candidate Sarah Palin, had sealed all records connected with Barack Obama. “Either way, I can only assume that they’re only referring to the forged Certificate of Live Birth posted across the Web until I see otherwise.”

Which is interesting to note (“…nobody should be looking at it”), as Andy Martin suggests that HI officials affirmed the existence of a previously-unseen original COLB (Certificate of Live Birth):

(HONOLULU)(November 1, 2008) Internet powerhouse Andy Martin has ignited a firestorm in Hawai’i over Barack Obama’s bogus “original” birth certificate. Martin won a stunning victory Friday afternoon (October 31st) when the State of Hawai’i backed his assertion that there was an original, “typewritten, 1961″ birth certificate, called a “Certificate of Live Birth” or “COLB” in Hawai’i, that no one has previously seen. Hawai’i officials retrieved and examined the document after Martin filed a lawsuit seeking access to the historic 1961 original.

Obama has falsely claimed to have placed the “original” on the Internet. Factcheck.org has falsely claimed to have seen this document and posted it on the Internet; that is not true. CNN has falsely ridiculed Martin.

…

“My lawsuit started a firestorm in Hawai’i. The circuit judge has set a hearing for November 18th (a report in the Honolulu Advertiser for November 1st for an earlier hearing date of November 7th is inaccurate; that date was cancelled).

…

“Now Obama, Factcheck.org and CNN have been exposed as liars. I said there was a ‘secret,’ original, typewritten birth certificate that had never been disclosed, and that document was the original COLB, not the phony ‘original’ that CNN placed before its viewers.

“Why would Hawai’i officials review the vault document at the Eleventh Hour if my lawsuit wasn’t causing a furor in Hawai’i state government? Why? The Friday before the election?

“Mine is the only logical, rational, properly prepared lawsuit that has been filed to open Obama’s secret records. I sued in the proper state in the proper court against the proper officials for the proper remedy. And they are responding properly. The judge has properly, although not as quickly as I would have preferred, set a hearing to consider my claims. I have not filed outrageous or exaggerated pleadings.

“I merely sought access to a document based on its scholarly and news value and because I had been tipped by my sources inside state government that Obama was lying. My network of informants within state government helps me and guides me. Others filed lawsuits outside Hawai’i that have either been dismissed or discredited. My ‘little engine that could’ is chugging along.

Mr. Martin is intending to have a news conference at the southeast corner of Huron and Webash Streets in Chicago at 3:00pm today (Saturday, November 1).

My sources also tell me that HI Gov. Linda Lingle is in receipt of information that alleges that Sen. Obama’s birth certificate (the one ordered to be sealed) is not only counterfeit, but written and typed by a certain intelligence office outside of the US. This would obviously be a serious national security issue if the allegations are true.

On the tape issue front, Jeff writes accordingly:

“I have the [Sarah Obama] tape,” Berg said. “The transcript of the tape is in the Supreme Court filings, along with the two affidavits from the individuals.”

The audio of the tape will be released, Berg said, as soon as he “reviews some legal issues.”

To me, his answer sounded a bit like it had come from the editor-in-chief of African Press International, who stalled and made excuses and continued to dig himself and his “news organization” into the hole after refusing to produce audio evidence of a purported conversation with Michelle Obama, during which the would-be First Lady purportedly said a few off-color comments. I smelled a fraud when the API story first came out, and I didn’t much like hearing the “legal issue” excuse on this one as well. So I pressed Berg on it.

“The tape exists,” he said. “I have it. The transcript and affidavits have been included with the filings at the Supreme Court.”

Now, as far as I know, the Supreme Court procedurally cannot accept evidence save for what is in the record from the lower court. This is, after all, a review and not a new proceeding. Still, Berg is adamant that he is doing the right thing.

“We are proceeding on the basis that I have standing and that Barack Obama does not meet the qualifications to serve as president of the United States. Hopefully, the Supreme Court will see that,” he said. “Listen, there’s an easy way to handle this. There’s been an easy way to handle this from the beginning. Ideally, the Supreme Court should issue an order on Monday morning that Obama submit all information by 5:00 p.m. on Monday afternoon or have his name stricken from the ballot. I hold out hope that the Supreme Court, the people charged with upholding the United States Constitution, will do what they can to avert a certain constitutional crisis.”

API continues to assert today that Fox News will be airing their Michelle Obama tape and that they were originally approached by Fox News:

The negotiation was initiated by Fox News Network not API. This point has to be understood and that means they are interested in doing the right thing.

API was contacted by Fox News Network the same day the story broke out on the 15th of October. Negotiations started the same day in the UK and a week later it moved to New York in order to streamline the facts that each party involved had raised.

“The agreement on, and verification of Michelle Obama tape was concluded on the 28th October at 10.00 am (N.Y time), in Fox News Network Offices, 18th floor, located at 1211 Ave of the America’s in New York”

Therefore, the tape will be aired by the Sean Hannity Show and Greta Van Susteren Show as stipulated in the agreement. The agreement states clearly that the tape will be aired before the elections that takes place on November the 4th. [emphasis theirs]

At this point, i would completely believe Mr. Berg over his Sarah Obama tape than I would over API, as we now know that Berg’s tape is in the SCOTUS’ possession. I will continue to cover what API says in this regard about their purported evidence in case something does come to fruition from all of their claims.

API has broken some more news today, claiming that the Michelle Obama audio will be airing in 24 hours via “The Sean Hannity Show” and Fox News’ “Hannity and Colmes” and “On The Record With Greta van Susteren:”

Many have been wondering about what will happen to the Michelle Obama tape, now that API has received death threats for planning to have the tape aired. Death threats mounted after API refused an offer of 3 million US dollars by Senator Obama’s Campaign manager.

There has been speculations that Fox News may deny that there is an agreement already reached that gives the them permission to air the tape. The public who are aware of the existence of a tape should be aware that some elements in our society would not like the message in the tape to come out.

The agreement stipulates that any information on the day and hour the tape will be aired will only be announce 15 minutes to the airing time. This was agreed upon to avoid any pressure being directed to Fox News Network by individuals who would want to get the details about the tape in question.

The airing of the tape can take place any time from this day and due to its sensitivity, people who will inquire from Fox News and API for details will either get a no comment answer or that there is no agreement on the table.

We are aware of the fact that some people made inquiries today by emailing or telephoning Fox News and may have been disappointed with the answers they got. API is not here to mislead anyone and takes the responsibility to inform its loyal readers that the tape will be aired unless pressure wins over any of the parties involved, of which case that will amount to a breach of contract.  Such a thing is unacceptable because API is committed to let the American people get the information in the tape and judge for themselves what value it may have in their political lives.

Although the parties had agreed that the particular shows going to air the tapes should not be made public before 15 minutes to airing of the tapes, public pressure has forced us to make this revelation earlier than we should.  Both parties, API and Fox are in agreement that no further details will be released on the subject.

 While we struggle to have the Michelle Obama tape, the McCain camp is struggling to have another tape that has information relevant to the campaign. The taped conversation has Mr obama when he was dining with friends considered radicals and supporters of terrorism.

-Phil