January 26, 2009
Hi Terri S.
Thanks for your thoughts. I am responding out here because so many people continue to raise the same questions.
True. Hawaii does not routinely issue long form birth certificates. They issue the computer generated short form COLB.
barry has not never produced his birth CERTIFICATE. He issued a Certification of Live Birth. It certifies that the long form birth certificate exists. That is all.
barry has not allowed anyone to actually see the actual form and the actual raised seal except Kos and Factcheck - both of whom are sympathetic to his cause. Factcheck is run by Annenberg, whose foundation barry served on with bill ayers.
Hawaiian officials never stated that barry was born in Hawaii.
On October 31, 2008, Dr Chiyome Fukino, Department of Health:
Therefore, I as Director of Health for the State of Hawai'i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawai'i State Department of Health has Sen. Obama's original birth certificate on record in accordance with state policies and procedures.
He has a long form that is in accordance with the law. Period. She did not state that he was born in Hawaii. His original birth certificate could show that he was born outside of Hawaii and his COLB would still be in accordance with the law.
Prior to 1972, a COLB could be obtained through uncorroborated testimony by a single family member up until the child turned one - with the only stipulation that the mother lived in a Hawaii at least one year previous to his birth.
Meaning his grandmother could walk down and state barry was born - without tangible evidence from a hospital (foreign or domestic) or a doctor's signature - as long as she could prove barry's mom lived in Hawaii for a year prior to barry's birth.
[§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.
His sister Maya has a COLB. She was born in Indonesia. It has never been disputed. Dr Fukino could make the same statement about Maya's provided her original long form birth certificate was on file. I presume that both her COLB and long form state Indonesia to reflect her actual birthplace - but no one would know for sure unless they looked at both.
barry's online form has Hawaii printed on it - but Dr Chiyoma did not state that Hawaii was the place of birth listed on the long form.
You write: "In ANY lawsuit, the burden of proof is on the person who brings the lawsuit, not the respondent."
That was true in Berg's case thus far. Not so with Col Hollister v barry soetero. Berg is acting as interpleader, which shifts the burden of proof to barry. Instead of berg proving barry is ineligible - barry has to prove he is eligible. The case is also different in that Col Hollister has "standing" whereas Berg did not.
The next issues you raise were in response to the same poster in the thread. It's not that those things don't matter in the general sense - like you said - they do. If you read the whole thing you'd see it meant - all those things aside - barry has still not produced his long form birth certificate and is still paying to defend himself against something that could be cleared up in 24 hours and less than $20.
He has full access to his long form. Hawaii just doesn't send them out as a matter of rule. Short form COLB is enough for them. Some states short form COLB are enough - others the long form has to be presented to even play Little League to verify age or get a license or a passport.
You write: "Now, do you have any facts (not gossip, not innuendo), verifiable facts, that back up your claim that Obama is not eligible to be President of the US?"
I have never made a claim that he is not eligible. I have said he has not proven he is eligible. A candidate for president, as outlined in The Constitution, must prove he is eligible for that office. The Secretary of State is the one who is supposed to demand proof, which is why they were being sued instead of barry in Donofrio, Wrotnowski, Lightfoot and Keyes. And that certification process is farcical. Communist Party presidential candidate Roger Colero, was born in Nicaragua and is thus ineligible to be president and yet his name was on the ballots in some states in 2004 & 2008.
Note: James Harris is the SWP surrogate nominee for President in any states that will not accept Calero as a qualified candidate because he is a not constitutionally eligible.
So after all this, it comes down to the same thing. He has provided only a short form COLB that does not - because of all the things mentioned - definitively prove his eligibility. The Court has ruled that regular citizens have no standing to demand proof, which is why the cases have failed. Col Hollister has standing (he can be recalled to active duty by barry) and the burden of proof is on barry to prove he is eligible, which would entail his releasing his long form birth certificate.
Berg has another case that is under seal - which is curious in itself.
So let's assume barry is 100% eligible. He was born in Hawaii, born in a Hawaiian hospital and the doctor who delivered him is still alive to testify that indeed s/he delivered barry on that date and time and his/her signature could be compared. Let's even go one further and say the nurse and whomever else was in attendance is still alive and took pictures of newly-birthed barry with a newspaper under his chin.
Why hasn't barry just released the long form?
That is the question no one has been able to answer and it is the what it always come down to.
If the COLB is indeed legal, then why has he hesitated to confirm that fact by producing the long form?
Yes, he thinks it's enough, his supporters think it is enough, but voters and a retired USAF Colonel, who might one day have to follow barry's orders, do not.
So why hasn't he just put an end to it?
He is the one in control of these lawsuits and could make them go away.
Why does he continue to spend money defending something he could have taken care of months and hundreds of thousands of dollars ago?
All he had to do was produce it for the first judge in chambers - he didn't even have to show Berg - and the case would have been over. It didn't even have to get that far. He could have dispensed with any doubts the minute questions about his COLB arose.
But he didn't.
And he still hasn't.
Why?
Why is he still spending money defending something that had he wanted to go away - if he really is a natural born citizen - he could have made go away?
Step back and think of it not as people hating or attacking him or whatever else and ask yourself, honestly, why he just hasn't ended it?
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