JUDGE ORDERS OBAMA TO PRODUCE
BIRTH CERTIFICATE
By Jon Christian
Dryer
October 3, 2008
On September 29, 2008 US District Court Judge R. Barclay
Surrick, the federal magistrate for the Eastern District of
Pennsylvania ruled in the matter of Philip J. Berg vs Barack
Hussein Obama, et al as the world was distracted by the $700
billion subprime mortgage crisis. Obama signed a breathe of
relief as the mainstream media chose to ignore the question:
"Can Senator Barack Hussein Obama legally seek the office of
President of the United States ?"
The flap began in June when National Review's Jim Geraghty
raised the question and asked the Obama Campaign to release a
copy of his birth certificate in order to prove that he
actually was born in the United States . (Reports
had previously surfaced claiming that Obama's Kenyan
grandmother, Sarah Hussein Obama, told reporters that Obama
was not born in Hawaii , but in Kenya . She reportedly told
reporters that when her son, Barack Hussein Obama, Sr.
returned to Kenya he was accompanied by a pregnant white wife
who was close to term.)
Obama's family did not take to Stanley Ann Dunham Obama well
according to Sarah Obama because she was white. Shortly after
she arrived in Kenya Stanley Ann decided to return to Hawaii
because she did not like how Muslim men treated their wives in
Kenya . However, because she was near term the airline would
not let her fly until after the birth of her baby.
Obama's grandmother said the
baby was born in Kenya and that shortly after Barack Hussein
Obama, Jr. was born, Stanley Ann returned to Hawaii.
Purportedly, when she arrived back in Hawaii , Stanley Anne
registered her son's live birth as an event which had just
happened-in Hawaii . This supposition is based on the
appearance, shortly after Nov. 6, 2007, of a Hawaiian birth
certificate that was issued, as a duplicate birth certificate,
by the State of Hawaii to a US Senator who requested it.
While the Internet screamed that the birth certificate, which
appeared on the Obama Campa ign's "Fight The Smears" website
and was also downloaded and used by far left blogger Markos
Zuniga on his website, Daily Kos, it was not an electronic
image concocted by Daily KOs as was hypothesized by a
self-described cyvbersleuth who uses the cyber pseudonym
Techdude. It was the real McCoy-even if it was issued as a
political favor to a prospective Democratic presidential
candidate by a Democrat official in Hawaii .
The county clerk who issued
the document, which purports to be a copy of an original
document, was date stamped "Nov. 6, 2007" on the reverse side
of the birth certificate in blue ink which bled through and is
visible on the front of the electronic image.
Attorney Philip J. Berg, the former head of the Montgomery
County . Pennsylvania Democratic Party and a former member of
the Democratic State Convention and, reportedly a Hillary
Clinton supporter, wanted to learn the truth from the myriad
of rumors that also suggested that Sen. Obama may also have
been a citizen of Indonesia . The only consistent part of the
story was Stanley Ann returning to Hawaii to claim he had been
in the United States and was a US citizen.
In his ruling, Judge Surrick
noted that the "...cause came before the United States
District Court Judge, Honorable R. Barclay Surrick on
defendant Barack Hussein Obama and the Democratic National
Committee's motion to dismiss." The order continued, "Having
reviewed the motion and plain tiff's opposition to said motion
and for good cause shown, it is hereby ordered that the motion
to dismiss pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) is
denied. It is further order of this court that the following
discovery is to be turned over to plaintiff within three (3)
days.
1. Obama's "vault" version (certified copy of his "original"
long version) birth certificate; and
2. a certified copy of Obama's Certificate of Citizenship;
3. a certified copy of Obama's oath of allegiance."
In his original filing, Berg specifically asked for those
three items. Berg told the court that "...at the time
Plaintiff's complaint was filed, Plaintiff was requesting
protections from the court in order to stop Obama from being
nominated by the DNC as the Democratic Presidential Nominee as
Obama is not eligible to serve as President of the United
States. However, Obama was nominated by the DNC...For that
reason, Plaintiff must amend his complaint and will be
amending this complaint to file a First Amendment
complaint...."
Berg argued that he felt it was the role of the Federal
Election Commission to ensure that presidential and
congressional candidates are eligible to hold the positions
for which they were seeking, and that those candidates run a
fair and legitimate campaign. "In vetting the presidential
candidate," Berg argued, "the DNC and the FEC are required to
ensure the eligibility requirements pursuant to our
Constitution are met and the Presidential nominee, if elected,
is qualified and eligible to serve pursuant to our United
States Constitution. In order to be eligible to run for the
Office of President of the United States , you must be a
"natural born" citizen.
"There appears to be no
question that Defendant Obama's mother, Stanley Ann Dunham,
was a US citizen. It is also undisputed, however, that his
father, Barack Obama, Sr., was a citizen of Kenya . Obama's
parents, according to divorce recorded, were married on or
about February 2, 1961.
"Defendant Obama claims he
was born in Honolulu , Hawaii . on August 4, 1961 and it is
uncertain in which hospital he claims to have been born.
Obama's grandmother on his father's side, his half-brother and
half-sister all claim Obama was born not in Hawaii but in
Kenya . reports
reflect that Obama's mother traveled to Kenya during her
pregnancy; however, she was prevented from boarding a flight
from Kenya to Hawaii . at her late stage of pregnancy (which
apparently are normal restrictions, to avoid births during
flights). By these reports, Stanley Ann Dunham Obama gave
birth to Obama in Kenya , after which she flew home and
registered Obama's birth. There are records of a "registry of
birth" for Obama, on or about August 8, 1961 in the public
records office in Hawaii ."
Berg's investigators revealed that Obama's own half-sister
Maya Soetoro-with whom he was raised-seemed not to know where
her own brother was born. In the Nov., 2004 interview by the
Rainbow Newsletter Maya Soetoro said Obama was born on Aug. 4,
1961 at Queens Medical Center in Honolulu , Hawaii . In
February, 2008 Maya was interviewed by the Star Bulletin. This
time she told reporters that Obama was born on August 4, 1961
at the Kaliolani Medical Center for Women and Children.
On June 9, 2008 Wayne Madsen,
a journalist with Online Journal published an article in which
he said a research team went to Mom bassa, Kenya and located a
Certificate registering the live birth of Barack Hussein
Obama, Jr. to his father, a Kenyan citizen and his mother, a
US citizen.
Berg's argument to the court was that under the US Nationality
Act of 1940, Section 317 (b), a minor child follows the
naturalization and citizenship status of his or her custodial
parent. In Obama's case,
Berg argued, a minor child follows the naturalization and
citizenship status of his or her custodial father. Obama's
Indonesian stepfather, Lolo Soetora signed a statement
acknowledging Obama as his son, giving Obama natural
Indonesian citizenship, which explains the name "Barry Soetoro"
and his citizenship listed as Indonesian. Loss of
US citizenship, under US law in effect in 1967 required that
foreign citizenship be achieved through "application." Which,
according to Berg, is precisely what happened to Obama when
his mother married Soetoro and the family moved to Indonesia .
When Obama and his mother
moved to Indonesia , Obama had already been enrolled in
school-something that could not have happened under Indonesian
law if Soetoro had not signed an acknowledgment (the
application) affirming that Obama was his son, it deemed his
son to an Indonesian State citizen. (Citizenship of
Republic of Indonesia, Law No. 9 of 1992 dated 31 mar. 1992,
Indonesia Civil Code): "...State children of Indonesia
include: (viii) children who are born outside of legal
marriage from foreign State citizen mother who are
acknowledged by father who is Indonesian State citizen as his
children and that acknowledgment is made prior to children
reaching 18 years of age or prior to marriage; Republic of
Indonesia Constitution, 1945." Furthermore, under Indonesian
law, if a resident Indonesian citizen married a foreigner-in
this case, Lolo Soetoro marrying Stanley Ann Obama-she was
required to renounce her US citizenship.
In his lawsuit, Berg
demanded a copy of Obama's Certificate of Citizenship, a
document Obama must have applied for to regain his
citizenship-which was lost in Indonesia . He will have that
document only if the proper paperwork was filed with the US
State Department when Obama returned to Hawaii in 1971 since
that is the only way Obama could regain his US "natural born"
status. Berg is convinced that Obama was never naturalized in
the United States after his return. Obama returned to his
maternal grandparents in Hawaii without his mother. Since she
i s the only one who could have filed for the reinstatement of
his citizenship, it is unlikely it ever happened. If it did,
his Certificate of Citizenship would affirm his right to seek
the office of President. Without it, Barack Obama is just
another resident alien who can't legally hold his seat in the
US Senate.
© 2008 Jon C. Ryter - All Rights Reserved
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