The Constitutional crisis continues to build regarding the upcoming Electoral College for President Elect Barack Houssein Obama. One of the most significant lawsuits surrounding the secrecy of the identity of Barack Obama is the one regarding a request for a vault certified original certificate from the State of Hawaii. This lawsuit like the others around the country would have never been filed if our President Elect had not fought in court to have these records sealed.
We as Americans have not one time been allowed to see his original birth certificate to prove his qualification for the office of the President. We have been given the "spin" from sites like factcheck.org that would maintain we are just pushing an internet hoax- but I have news for factcheck.org- hoaxes do not make their way to the United States Supreme Court for consideration, nor do hoaxes get scheduled for hearings on November 18th, at 10:30 am in the Hawaii Court of Appeals. This is real and this is very possible Constitutional crisis in this country whether the media refuses to cover it or not.
Below is a copy of the filing before the Hawaii Court of Appeals (Judge Bert I Ayabe). This hearing is slated for the morning of November 18th, 2008 at 10:30am. If the plaintiff Mr. Andy Martin prevails, America will prevail as America will be allowed to settle once and for all whether or not Mr. Obama is a qualified candidate to be elected on December 15 during the Electoral College. I have never been "opposed" to the electoral process of electing Senator Obama, I am just one of millions of Americans that do not like to see people use deception to win elections, or use deception to harm others. This man has chosen to have his records sealed, has chosen to fight in court to allow not even one single American to see his original birth certificate. This can only lead to rumor and speculation that there may perhaps be a reason for a candidate to fight to keep his records sealed.
I also think there is an irony regarding his battle to keep his records sealed in that CNN has reported that if you plan on working in his administration, you should be prepared to "bare it all" for the Obama camp. You must submit to background checks, list all social sites, list gun ownership, list any litigious relationships you may have- the list goes on and on. We as Americans cannot seem to produce one American that Senator Obama will not say has "standing" before a court to prove that one person in the entire United States of America who has a legal right to demand that he simply produce a vault original birth certificate.
It still seems like we as Americans are living in a science fiction movie (or some kind of dream) where no one can get a copy of his birth certificate.
Please pray for this country on November 18th that the right decision will be made by the Hawaii Court. Please pray for this country that truth will prevail and we can move past this.
Below is a copy of the court filing regarding Mr. Andy Martin- once again, thanks to Mr. Martin for taking this initiative.
CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII
ANDY MARTIN, ) CIVIL NUMBER: 08-1-2147-10
) (Declaratory Judgment)
Plaintiff, ) Judge Ayabe
)
vs. ) COMPLAINT FOR
) DECLARATORY JUDGMENT;
LINDA LINGLE, in her ) EXHIBIT 1: SUMMONS
Official capacity as Governor )
Of the State of Hawai’i, )
DR. CHIYOME FUKINO, in her )
official capacity as Director )
of the Department of Health, )
)
Defendants. )
_________________________________
COMPLAINT FOR DECLARATORY JUDGMENT
Plaintiff ANDY MARTIN (”Plaintiff”), pro se, alleges in his Complaint for Declaratory Judgment against the Defendants as follows:
PARTIES, JURISDICTION AND VENUE
Plaintiff ANDY MARTIN is the author of a book on Senator Barack Obama (”Senator Obama”). He has also been writing columns and commentary about the senator for over four (4) years.
Defendants LINDA LINGLE and DR. CHIYOME FUKINO are Governor and Director of the Department of Health, respectively.
This Complaint for Declaratory Relief and these proceedings are instituted pursuant to § 632-1, Hawai’i Revised Statutes.
Venue is proper in this Court pursuant to § 603-36, Hawaii Revised Statutes.
STATEMENT OF CLAIM
1. Plaintiff requested a certified copy of the birth certificate of Senator Obama from the Department of Health and tendered the requisite fee.
2. Defendants refused to provide a copy of said certificate, invoking the confidentiality statutes of the State.
3. The issue of the Senator’s birth certificate has become a controversial topic of intense national speculation.
4. As an author who strives for factual accuracy and attempts to conduct thorough research Plaintiff wants a copy of the Senator’s birth certificate attested to by the State and not a “certificate” which is posted on a web site and which has been debunked as possibly having been altered.
5. One of the more literate and temperate analyses of the unlawfulness of the Defendants’ refusal to issue certified copies of the birth certificate is contained in Exhibit 1 attached hereto.
6. To the extent that the Defendants’ files contain or retain original supporting data for the birth certificate, Plaintiff asks that he also be supplied with that information and/or material as well.
7. It is axiomatic that the birth certificate of a presidential candidate is a document of crucial public concern and significance.
8. While Hawai’i statutes call for a balancing or weighing test where production is considered by a court, most respectfully Plaintiff submits that the balance falls entirely on the side of disclosure where the original birth certificate of a presidential candidate is concerned.
DECLARATORY RELIEF SOUGHT
9. Based on the relevant statutes and constitutional law, including Article One, Section 4 (”freedom of the press”) and § 92F-15 (e) and § 338-18 (a) (9), Plaintiff asks that the Court direct and order defendants to turn over forthwith a copy of Senator Obama’s birth certificate and related files and records, and without any delay.
WHEREFORE, Plaintiff Andy Martin prays for relief as follows:
A. For a declaration by this Court that Plaintiff is an author and writer and is a person to whom the birth certificate of Senator Obama can and should properly be delivered forthwith;
B. For such other relief as this Court deems just and equitable.
Dated: Honolulu, Hawai’i, ______________________
Respectfully submitted,
ANDY MARTIN
Plaintiff Pro se”
Monday, November 17, 2008
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3 comments:
As an attorney, as much as I want to see Martin win, his petition has no legs and will got nowhere. He would have got more traction had he just put his time, money and effort into an ancestor research service to find several willing (read $$$) folks who have a common ancestor with Obama and all they would have to saunter into the office that holds Obama’s BC and get it on the spot, as the law of Hawaii mandates those who have a common ancestor be given the BC. I emailed Martin and he knows he can do this, as he responded to my email.
The bottom line is this.....even though it appears that the Presidency for the years 2009-2012 has been hijacked by some very crooked people, the majority of American citizens either do not know or they do not care. I fear it is the latter. Many voted for him because they think they may get $500.00 out of the deal......so sad for our once great nation.
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