Judge questions Orly Taitz claims to have Obama birth certificate in hearing ...

During a hearing in U.S. District Court Monday, an attorney for an Army officer fighting deployment to Iraq questioned Barack Obama’s legal right to serve as president, asserting he was born in Kenya, not Hawaii.

Judge Clay Land, inquisitive throughout the 90-minute hearing, said he will issue a decision on Capt. Connie Rhodes’ request for a temporary restraining order by noon Wednesday.

Rhodes was represented by Orly Taitz, a California lawyer and a national figure in the “birther” movement that claims Obama does not meet the qualifications to be president.

California attorney Orly Taitz, the president of the Defend Our Freedoms Foundation, stands on the steps of the Columbus federal courthouse Friday with what she claims is a copy of a birth certificate for President Barack Obama from Mombass, British Protectorate of Kenya.

Maj. Rebecca Ausprung, with the Department of the Army, Litigation Division in Washington, told Land this case was about Rhodes, not Obama.

“There was a lack of any reference to Capt. Rhodes,” Ausprung said. “This case is about Capt. Rhodes and her deployment.”

Taitz kept going back to Obama’s birth certificate. Twice she called Obama a “usurper.”

California attorney Orly Taitz, the president of the Defend Our Freedoms Foundation,
stands on the steps of the Columbus federal courthouse Friday with what she claims is a copy of a
birth certificate for President Barack Obama from Mombass, British Protectorate of Kenya.

4 posted on 09/14/2009 1:39:52 PM PDT by a fool in paradise (I'm no racist, I oppose the political agenda of Harry Reid, Nancy Pelosi, and Bill Ayers as well.)

“Who has the burden of establishing that the president of the United States is not eligible to serve in his office?” Land asked Taitz.
The judge pointed out that burden fell on Rhodes because she sought the restraining order to stop her deployment.

Fine. Let's roll.

Can someone please explain to me the legal basis for the lawsuit? Seems to me that unless the deployment order came directly from the TOTUS or at his request, Maj. Ausprug is obligated to follow the deployment order or risk a dishonorable discharge and perhaps imprisonment.

Clearing the Smoke on Obama’s Eligibility: An Intelligence Investigator’s June 10 Report
"The Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii
In the State of Hawaii, back in 1961, there were four different ways to get an “original birth certificate” on record.
BC1. If the birth was attended by a physician or mid wife, the attending medical professional was required to certify to the Department of Health the facts of the birth date, location, parents’ identities and other information. (See Section 57-8 & 9 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961).

BC2. In 1961, if a person was born in Hawaii but not attended by a physician or midwife, then all that was required was that one of the parents send in a birth certificate to be filed. The birth certificate could be filed by mail. There appears to have been no requirement for the parent to actually physically appear before “the local registrar of the district.”
It would have been very easy for a relative to forge an absent parent’s signature to a form and mail it in.
In addition, if a claim was made that “neither parent of the newborn child whose birth is unattended as above provided is able to prepare a birth certificate, the local registrar shall secure the necessary information from any person having knowledge of the birth and prepare and file the certificate.” (Section 57-8&9)
.... there is and was no requirement for a physician or midwife to witness, state or report that the baby was born in Hawaii.

BC3. In 1961, if a person was born in Hawaii but not attended by a physician or midwife, then, up to the first birthday of the child, a “Delayed Certificate” could be filed, which required that “a summary statement of the evidence submitted in support of the acceptance for delayed filing or the alteration [of a file] shall be endorsed on the certificates”, which “evidence shall be kept in a special permanent file.”
The statute provided that “the probative value of a ‘delayed’ or ‘altered’ certificate shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.” (See Section 57- 9, 18, 19 & 20 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961).”

BC4. If a child is born in Hawaii, for whom no physician or mid wife filed a certificate of live birth, and for whom no Delayed Certificate was filed before the first birthday, then a Certificate of Hawaiian Birth could be issued upon testimony of an adult (including the subject person [i.e. the birth child as an adult]) if the Office of the Lieutenant Governor was satisfied that a person was born in Hawaii, provided that the person had attained the age of one year.
(See Section 57-40 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961.)
In 1955 the “secretary of the Territory” was in charge of this procedure. In 1960 it was transferred to the Office of the Lieutenant Governor (“the lieutenant governor, or his secretary, or such other person as he may designate or appoint from his office” §338-41 [in 1961]).

In 1982, the vital records law was amended to create a fifth kind of “original birth certificate”. Under Act 182 H.B. NO. 3016-82, “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 the 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.”
In this way “state policies and procedures” accommodate even “children born out of State” (this is the actual language of Act 182) with an “original birth certificate on record.”

hey thats one of the tactics out of “Rules for Radicals”

Rule 5: Ridicule is man’s most potent weapon. It’s hard to counterattack ridicule, and it infuriates the opposition, which then reacts to your advantage.

Dont discuss the merits of the arguement...attack the other side...nice touch

Maj. Rebecca Ausprung, with the Department of the Army, Litigation Division in Washington, told Land this case was about Rhodes, not Obama.

Completely wrong major.

The case is to determine if Obama can legitimately hold presidential office under the US Constitution Natural Born Citizen clause. If Obama is not a legitimate US President, than he cannot be the Commander in Chief of the United States Armed Forces, and therefore cannot lawfully give orders for the military to follow.

Strange thing on image #2, why is the information not in metric? Kilograms instead of pounds, centimeters instead of inches? I can’t find where Kenya ever used IUs (Imperial Units) and most of the UK only uses IUs for traffic signs, not this type of documentation.

The check off for Obama on natural citizenship was conveniently REMOVED.

n the 1970s, most British Commonwealth nations changed from the Imperial system of units to the metric system.

Completely wrong major.

We'll see about that.

“This is not a forum to lay ground work for a press conference,” Land said. “This is a court of law.”

Does not sound like Judge Land is quite taken with Orly's legal wizardry.

Gr. Britain didn’t even begin planning for the metric system until 1965.

If this is a copy of an original, it would be in IUs.

I thought that was only for distance measurement, other weights and measures were changed off of that from the Weights and Measures Act of 1922? (they were using the Dutch system before which is slightly different than IUs but close and same naming conventions as IUs)

Only need one case to go to discovery. Eventually, your hero Obama is going to get his comeuppance.

And what I wrote is correct.

20 posted on 09/14/2009 1:53:36 PM PDT by secret garden (In a time of universal deceit, telling the truth is a revolutionary act. - George Orwell)

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