Posted on 10/11/2008 1:40:00 PM PDT by SatinDoll
*BREAKING* Obama Born in Kenya? (New Information) October 11, 2008 by texasdarlin
Coast Provincial General Hospital, Mombasa, Kenya Judah Benjamin’s analysis follows the Foreword.
Foreword: Those who have followed this blog know that our working assumption has been that Barack Obama was born in Hawaii. We have asserted that Obama’s legal name and citizenship changed when he was adopted by Lolo Soetoro, and that the birth certificate published on Obama’s campaign website does not reflect current records. You can read the previous articles referenced at the end of this post to catch up on our analysis.
We now wonder if our assumption about Obama’s birth place was wrong.
I have received information that certified copies of a Kenyan Birth Certificate (BC) for Obama were sent from Kenya, and have been received by three separate individuals. I am told that these documents are certified, with an embossed seal, and display the name of the hospital where Obama was born, as well as witness signatures.
Reportedly this BC reflects information filed Oct. 9 by Philip Berg. See item #18 on this docket, page 10, the relevant language of which, underlined in red, is captured here in a screen shot:
It reads:
…Obama was born at Coast Hospital in Mombasa, Kenya located in Coast Province…
We do not currently have any additional confirmation of this new information. If it is an accurate tip, the implications are disastrous for Senator Obama and his backers. For that analysis, we proceed to Judah Benjamin…
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Barack Hussein Obama II By Judah Benjamin, Guest Author
It has been asserted by a number of sources, including Andy Martin, that Barack Hussein Obama was born in Mombasa, Kenya and not in Hawaii. Philip Berg’s Latest Motion to the Court is more explicit since it gives an exact Place of Birth. I must assume that Berg did not simply pluck the Location out of thin air, Mombasa has more than one Hospital, though Coast Provincial General was the best in 1961.
British Birth Certificates have a Standard Format which has been more or less the same since 1837 and they can only be challenged in a British Court. Kenyan Law is explicit and can only be challenged in a Kenyan Court. Indonesian Law is explicit and can only be challenged in an Indonesian Court. Be clear, if Obama was born in Kenya this is not simply a matter for the US Courts, or US Law.
If he was born in Kenya, and his parents were Legally Married [which on the Preponderance of Evidence they were, his father's first "Marriage" being a Tribal, or Village, Marriage, which was not Legally Recognized] due to the age of his mother he would NOT have been a US Citizen. The Immigration and Nationality Act 1952, 8 U.S.C. 1401. Sec. 301 (g) [Effective November 14, 1986] does not apply, nor does Title III, Immigration and Nationality Act Section 309. [8 U.S.C. 1409].
Unless he has taken the Oath of Allegiance as a Naturalized Citizen since he was 18 years old, and if he was born in Mombasa, Kenya, Barack Hussein Obama II would not be a US Citizen, period. The issue of whether or not he was Natural Born under Article II of the Constitution of the United States would cease to matter and he would need to be Deported as an Illegal Alien.
Impeachment as a Senator would seem not to be necessary since he would never Legally have been one, but Diane Feinstein and the members of the Senate Ethics and Rules Committee would be liable to Impeachment. So would their opposite numbers in the Illinois Senate and the appropriate officials of the Illinois State Supreme Court and Bar, so far as I can see.
If Senator Barack Hussein Obama II was born in The Coast Provincial General Hospital at Mombasa in Kenya at 7.24 PM on August 4th 1961, or at any other time, he is not a Natural Born Citizen of these United States and he never was. Philip J Berg, Esq, is correct, under the Nationality Act of 1940, as Revised June 1952 and in accord with United States of America vs Cervantes-Nava 281 F 3d 501 (2002) and Drozd vs INS, 155 F 3d 81, 85-88 (2d Circuit 1998) Senator Barack Hussein Obama II would not ever have been a Legal US Citizen at all, unless he was Naturalized.
If he was born in The Coast Provincial General Hospital at Mombasa in Kenya any Certificate, or Certification of Live Birth, issued for him by the State of Hawaii is a Fraudulent and Illegal Document. At Birth he would have been a UK and Colonies Citizen and in accord with the Kenyan Constitution he would have become a Kenyan Citizen in December 1963. He would not have been a US Citizen.
Alternatively, his UK and Colonies Birth Certificate issued in Mombasa in August 1961 could be a Fraudulent and Illegal Document. The two BCs would need to be compared. By this I mean the Original Vault Copy of the Hawaiian Birth Certificate and not the Amended, Post Adoption, Copy, Legally available to the Senator, assuming he was, as indicated by the Preponderance of Evidence, Adopted by Lolo Soetoro. This case might also need to go through the UK and Kenyan Courts and becomes a Matter of International Law and Controversy.
If Barack Hussein Obama II was born at The Coast Provincial General Hospital at Mombasa in Kenya at 7:24 PM on August 4th 1961, or at any other time, it is certain that he is not Eligible to hold the Offices of POTUS or VPOTUS and highly probable that he is not Legally entitled to hold the Office of Senator either and that he was not Eligible to be an Illinois State Senator.
In that event the Senate Ethics and Rules Committee, Chair Diane Feinstein, have a problem because they are responsible for the Certification of a Candidate’s Compliance with Constitutional Requirements, a job they would have conspicuously failed to do. Should he be Elected the poisoned Chalice would pass to Nancy Pelosi because as Speaker of the House she, and the House, have the Responsibility to ensure that the President Elect can Effectively be Sworn In and Legally Assume the Office and Duties of the President.
Be very clear here, if Barack Hussein Obama II was born at The Coast Provincial General Hospital at Mombasa in Kenya at 7:24 PM on August 4th 1961, or at any other time, Diane Feinstein’s Committee have already failed in their Duty, as has every Secretary of State in the Union.
Let me repeat myself, if Barack Hussein Obama II was born in The Coast Provincial General Hospital at Mombasa in Kenya at 7:24 PM on August 4th 1961, or at any other time, he is not a Natural Born Citizen of these United States and he never was, he is not even a Citizen by Birth. I had assumed ab initio that Obama was born in Hawaii and that his Hawaiian Paperwork was basically “on the up and up”, I could not conceive that a lie of this magnitude was possible, I thought that the INS would have caught on long since. If he is a US Citizen under these circumstances his Oath of Allegiance must be on Record somewhere. If it isn’t he is not a US Citizen.
Hawaii may Legally be able to Issue a Birth Certificate under these circumstances, according to their own Code, but it would breach of International and Federal Law if they have. It would breach Hawaiian Law if the Place of Birth is spurious.
“[§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.
(b) Proof of legal residency shall be submitted to the director of health in any manner that the director shall deem appropriate. The director of health may also adopt any rules pursuant to chapter 91 that he or she may deem necessary or proper to prevent fraudulent applications for birth certificates and to require any further information or proof of events necessary for completion of a birth certificate.”
So by that section he could get a certificate claiming Hawaiian birth even if he was physically born outside the US but the Place of Birth would need to be correctly recorded.
Understand, the Hawaiian Authorities may be able to Issue a Hawaiian Birth Certificate under these circumstances but they cannot make you a US Citizen. A child born in Kenya to and underage US Female and a UK and Colonies Citizen in 1961 was not born a US Citizen under any US Federal Law, under British Law, or International Law. The only way such an Individual could be a US Citizen in terms of the XIVth Amendment, or any Statute, or Code of US Federal Law is by Naturalization.
Under Common Law no Person can Testify as to their own Place of Birth, this is established Law upheld by stare decisis. Therefore it would be possible, even given the he was born in Kenya, for Obama to claim that he believed a Hawaiian Birth Certificate made him a US Citizen under the XIVth Amendment and that therefore he was acting in Good Faith running for an Office which he was Constitutionally Incapable of Holding. Unfortunately for him, his actions in regard to the Admission of his UK & Colonies and Kenyan Citizenships and his Indonesian Citizenship by Adoption, his frequent apparent Breaches of the Logan Act, his probable breaches of the Hobbs Act, the Hatch Act, USC Title 18 Part One Chapter 63 § 1346 and the RICO Statute make this Defense wholly Untenable, especially when one considers the fact that he holds a JD from Harvard Law. One may throw in the Misprision Statute for good measure. It is difficult to find any action or statement of Obama’s since 1992 that could be used to suggest Good Faith could be used as a Defense in this Case. I am not saying that Obama is Guilty of any of these Felonies or High Misdemeanors, only that his actions and pronouncements are such as to lead to a reasonable suspicion that he may be.
Under INA §349 “2. taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof after having attained the age of eighteen years.” This is an “Expatriating Clause”, if you hold Dual Citizenship and do this you void your US Citizenship. Well Obama campaigned actively for Odinga in Kenya and apparently also took some kind of Luo Tribal Loyalty Oath. He may also have joined Odinga’s party. Of course his Dual Nationality lapsed in 1982 but INA §349 could, perhaps, still apply here, if he was born in Mombasa. It might even be concluded that Obama was providing grounds to restore his Kenyan Citizenship by Prime Ministerial Decree, which is Legal under the Kenyan Constitution. That would certainly look Expatriating to me, but I do not know how a Court would react.
There is indirect reason to believe that this may be true. “2d Session S. RES. 511: Recognizing that John Sidney McCain, III, is a natural born citizen.: In the Senate of the United States.” was Sponsored by Senator McCaskill and co-sponsored by Senators Leahy, Obama, Coburn, Clinton and Webb. Why? Why were Democratic Senators trying to pass a Resolution making Senator McCain undoubtedly Legally Eligible when this issue had already been cleared up in 2000 and again in 2004? And why did Senators McCaskill and Obama reportedly insert the following Clause?
“Whereas previous presidential candidates were born outside of the United States of America and were understood to be eligible to be President;”
This Clause has no particular relevance to McCain and the following Clause, which it is reported McCaskill and Obama attempted to REMOVE shows that:
“; and Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936:”
It seems clear that McCaskill and Obama were attempting to create a blanket Resolution covering ALL Foreign Born candidates. Why do that if not to benefit a Foreign Born Democratic Candidate, who did not have a US Military background?
McCain did not need this resolution, Richardson did not need this Resolution, so far as I can see nobody needed this Resolution unless somebody in the race was born outside the USA and was “Covering his/her Ass” and the only individual in the race that that could apply to was Senator Obama! This in turn would show that the Senator is a liar who has been peddling untruths about his birth for at least 16 years!
Likewise it would explain why Michelle Obama tried trawling the “very single mother” canard. Were he illegitimate there is precedent and Statute that says if his parents were unmarried at the time of his birth he would have become a Citizen of the USA at Birth under Title III of the Immigration and Nationality Act Section 309. [8 U.S.C. 1409]. However, as Miller v Albright, 523 US 420 (1998) demonstrates there is, and was, a split in the Supreme Court as to whether this Law is in fact Constitutional under the XIVth Amendment. A new case might change the precedent. For now it stands.
I do not insist that any of this is true and to me it makes little difference if it is, I hold him Ineligible anyway and have seen no solid Legal Rebuttal of my view from any source, but if he was born in Kenya he has, and can have, no defense of any description and any Document he has from Hawaii is Fraudulent on several levels. To hold the Office of POTUS one must be a Natural Born United States Citizen, if he was born in Mombasa Obama probably isn’t even a United States Citizen much less Natural Born. He would be guilty of Fraud and a list of other offenses and any and all persons who had aided him would be guilty of Misprision, in all probability.
Berg spends a minute on his bio in the video. One thing, uh, it’s Illuminati Productions. But the American Thinker is asking us to take it seriously. We should. Berg is no joke.
Not so. US Code: Title 8, Chapter 12, subchapter III, Part I, Sub-subsection 1401, (g), Effective Dec 24, 1952.
And keep this in mind - Title 8 of the US Code Sect. 1401 - none of this is part of the US Constitution. There are Constitutional scholars who insist that “natual born citizen” means what it has always been interpreted to mean; born here in the U.S.A.
They are entitled to make any challenges they want. McCain's birth can be challenged on similar grounds. The issue has never gone to SCOTUS.
I can tell you that the way citizenship is defined in US Code is the way it is administered here and overseas. Obama either received his citizenship via jus solis if he was born in Hawaii or jus sanguinis if he was born overseas. We can argue what might happen if a President Obama's eligibility for President would be challenged, but given practice, current laws, and the fact that he had been elected would weigh into any SCOTUS decision. I suspect that they would uphold the current practice and not give the Presidency to Biden.
“Thank you AuntB. Ope went to bed already. [Stretching at the porch.] Hey, maybe Mayberry will be saved again?”
I claim no familiarity with the above mentioned persons. lol
Actually, that name was given me by a nephew, when I asked him to sign me up on FreeRepublic....10 years next week!
I hope all the ‘Mayberries’ of this country can be saved. They’re disappearing every day.
Berg and the lawsuit is no joke. I sent the video link to lots of people. One of them apparently an Obama supporter, emailed back a Snopes link to show that it is rumor etc.
I emailed back and said this is a real lawsuit and will be decided by a court not Snopes.
Maybe tying up the election, causing a constitutional crisis, is really the goal. Getting into the White House is secondary but nevertheless desirable.
Curious that Speaker Pelosi would call all the Reps back to the House before the election. Maybe they are planning this, or is it just a coincidence?
By the way, I’m not biting your poisonous apple. Obama isn’t elibible to be President. Hang on to your argyles, ‘cause the next two weeks are going to be bumpy!
Oh we have a Mayberry out here, AuntB. Close to NC state in fact. But the difference is we know how to use our guns here. That’s why we’re a Mayberry. [wink]
Several years ago, some bank robbers hit our main bank. They stopped to buy some beer at a gas station. That’s where we caught them.
Another guy robbed a bank a few years later. He was seen trying to ride a bicycle out of town. Yep. We need to keep vigilant out here. Hardened criminals all around us.
I once did a vanity: “Snopes is an Urban Myth”
Snopes can be full of baloney in ways. I guess it’s getting worse now.
Since the DNC pretended to vett him, it’s up to conservatives now. I’m not resting until he shows us his COLB. [Yawn.] Well, time for bed.
BREAKING NEWS......
I was on the website www.hcsfjm.com (Hillary Clinton Supporters for John McCain) last night around 1-2am. The Administrator Ed Hale, had a post where he had recently collaborated with Philip Berg. That 3 copies of a BC were taken out of Kenya very recently. A price of $1000 was paid for them. They left by individuals leaving Kenya separately to the US. Emails were sent back and forth to confirm the “the packages have left” (meaning that the BC’s have left Kenya) and “the packages have arrived” (meaning that the BC’s have arrived in the states.) It was reported that all of them have arrived in the states safely.
Well, I tried to get on the site today and was greeted with a simple message:
“For security reasons, I have shut the web site down. Thanks for your support.
Ed”
Interesting? Hhhmmmm
This is moving fast FReepers. This has more legs than a centipede on a hot date!
Here is the post I was talking about. It is now on a thread on Hillbuzz.wordpress:
“Ed Hale
Date Posted: Oct 11, 08 - 7:36 PM
IP Address: 98.20.52.126
State your in Texas
I guess the time has come to set the story about Obama Kenya Birth Certificate. I hosted Phil Berg on our No Obama Talk show on August 21, 2008. We then had Phil back on August 28, 2008. At that time I was contacted by one of the HCSFJM member by phone who told me that they were a importer/exporter and they had connection in Kenya. I talked to this person and also talk to Phil about it. We then discussed a plan on how to get the BC to the USA. We knew that Obama would do anything to stop this. We decide that Caren and I would be the decoy. We would announce that this BC would be shipped to Carens work place. Actually the BC was never coming to us. Our member was able to find the BC and it cost $1000.00 to get. There was 3 copies of the BC sent to the USA via 3 different carries to 3 different people.
HCSFJM had a member very near Phil and this was the primary target. I received a email on September 14,2008 from our member. The email said “The packages are on their way”. I knew that the BC had been secured and was enroute to the USA. 3 days later I received another email that said “The package has been delivered”. I knew that our member had deliver the BC to Phil. In addition to Kenya BC, there is 3 certified statement from people who stated they were present when Obama was born. We are seek additional information at this time about Obama US BC. I have had a person who has looked at the “vault” book for Obama original BC form Hawaii. It does not exist.
All Phil Berg want is to have a court hearing and he will introduce that Kenya BC. I have a copy of that BC but I will not post it till I am cleared by Phil.
Do you remember when Phil made the statement on our show “He would talk to the real media which was us”. Now you know why we are able to get Phil on about any time we need him.
Very few people knew about this, Caren, Phil, our 2 HCSFJM members and myself. We had security on this that was unbelievable. No it is a matter of time before Phil get into court. Relax Folks, Obama will never be the president of this country as long as we have people who are willing to put their lives on the line for this great country. I will reveal in due time who those 2 great American (HCSFJM member) in due time. They must remain in limbo as of now for their own security.
I want to thank all of you for your support of this web site. Without you, this would never had occured. When I was talkign about starting a radio show, I had several people tell me I was crazy, but I guess the joke is now on them. I want to thanks the millions of people who listen to me and the gang every weekdday night. Today I am the proudest American alive.”
Very important post you made. Yeah, ‘security reasons’. The entire matter might get scrubbed to prevent riots? If what my gut is telling me on this is true, there could be a ‘clean up crew’ on this.
That would going too far. Dammit! Sure the economy could take a hit from riots if BO is outed on this. But that’s nothing compared to the long term damage.
I smell a rat:
“For security reasons, I have shut the web site down. Thanks for your support. Ed”
http://www.freerepublic.com/focus/bloggers/2103299/posts?page=316#316
I have no doubt that the Clintons were the original source of this info. However, as far as it getting any traction, I think the Clintoons just came to the realization that the media is in the tank for whomever the democrat candidate is. That’s how BillyJeff won in ‘92 and that’s how Obama is winning today. It caught them by surprise that the media didn’t do their job of vetting the candidate. They expected the same kind of intense scrutiny as was given Sarah Palin.
It’s amazing how clueless the top politicos are about the media. That includes billyjeff, Hildebeast, McCain, and most of the RINOs running the GOP.
mark
Thanks for the ping!
Works for me.
I’ve been over at Texasdarlin’s blog reading the 300+ comments on the same subject we’re talking about here on FR.
Surprise! Someone pops up and says, “Did ya’ll know that if the Department of Records in Hawaii can’t find your original vault Certificate of Live Birth (Hawaii’s version of a birth certificate) they issue what is known as a “Certification of Live Birth” instead.”
Obama never had a Hawaiian Certificate of Live Birth.
Regardless of the wording of how to describe the certificate, Obama is stonewalling. McCain shouldn’t raise the ante himself without powerful evidence, but someone has to.
We shall see. Depending on a deus ex machina to win this election is indeed a slim reed.
He needs to prove it. That makes the whole thing more scary.
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