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Statements have been made in the public domain that if Obama was not born in Hawaii but rather in Kenya, that he actually committed a crime involving fraud. That leads me to think that if that were true, then Obama has a Constitutional and state common law right to avoid further self-incrimination and to remain silent. That could explain why he has neither talked publicly nor wants to talk in any court of law about where he was born. But his right to remain silent would not extend to withholding his original Certificate of Live Birth. Disclosure of documents is not testimonial (coming from a person's mouth) and his 5th Amendment and state common law right to remain silent and to not incriminate himself would not prevent such disclosure. This leads me to the main point.

Obama at present finds himself in a trilemma: (1) Does he state publicly that he was born in Hawaii if he knows he was not and thereby "perjure" himself in the court of public opinion should the truth be eventually discovered? If he so swore under oath before Congress or any court of law, it would be actual perjury. (2) Will he produce his original birth certificate which may show and will he tell the public the truth that he was not born in Hawaii but rather Kenya and thereby betray his natural instinct of self-preservation and his life-long ambition to be President of the United States? or (3) Does he remain silent as to where he was born and continue to refuse to release his original birth certificate and thereby earn the contempt of those in the public who believe that he has not convincingly proven that he is a "natural born Citizen" and eligible to be President? I submit that Obama has made the third choice.

The consequences for Obama are the least drastic and he gains the most benefits under the choice involving remaining silent and not producing his original birth certificate which is exactly what he has done to date. There are at least two reasons for this:

(1) To date, no court of law has been willing to accept any case challenging his "natural born Citizen" status. The courts have dismissed law suits against him for reasons of jurisdiction, standing, political question, justiciability, and for reasons unknown. These procedural obstacles have allowed him to escape having to defend the underlying merits of the claims against him which would necessarily involve his having to make declarations under oath as part of legal discovery and before the court itself in case of a trial. He will simply continue to pursue this procedural strategy, for being so successful will allow him to maintain his silence and not produce his original birth certificate with the cost to him personally of only having to pay his team of lawyers. This strategy explains why he is willing to spend enormous amounts of his own money and resources for his legal defense (maybe not even his own money if he can make a case that he can use his campaign contributions to meet the costs involved) and cause private individual plaintiffs and public institutions (courts and public entity defendants) to spend theirs with no end in sight. This strategy also provides great impetus to the sales of his past and future books, thereby further filling up his coffers. This strategy also explains why he is not willing to simply spend less than $100.00 and produce his original birth certificate for the benefit of those Americans who want to see it. Lastly, this strategy provides an answer to the question of, assuming that Obama in the end simply produces his original birth certificate which shows he was born in Hawaii, why would Obama risk the public then perceiving him as one who played a dirty little game for the sake of aggrandizing his own image and increasing his profits.

(2) Obama wants (i) people who simply voted for him, (ii) people who are apathetic to the eligibility issue or because of ignorance, fear, or self-ambition refuse to address it; and (iii) people who in good faith believe he is eligible to be President (these categories may overlap), to believe that all the law suits and internet chatter questioning his eligibility to be President is political sour grapes, racism, or "tinfoil hat" conspiracy nonsense. These "explanations" for this outcry against him provide great camouflage for his silence and refusal to release his original birth certificate. This strategy limits any contempt backlash to only those who oppose him on the eligibility issue and to no one else, thereby greatly reducing the price associated with the public contempt component. The benefits Obama gains from stonewalling compared to the price he has to pay for complete disclosure makes the choice to refuse to speak about where he was born and to produce his original birth certificate most attractive for Obama. The stakes are high in this game for the Office of President. Obama has shown that he has the arrogance and audacity to play the game any which way he wants simply to win that Office and greatly profit thereby. The question for many concerned Americans who doubt whether he is eligible to be President is what they can do to get the nation’s political, legal, and social institutions to adequately and honestly investigate and decide whether he is indeed qualified to be President. Obama’s strategy is now preventing these Americans from learning the truth about whether he is eligible to be President. The ball is in the court of those who challenge Him.

© Mario Apuzzo, Esq. January 3, 2009

1 posted on 01/03/2009 1:58:36 PM PST by Puzo1
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To: Puzo1; LucyT

Er, ping?


2 posted on 01/03/2009 2:02:54 PM PST by fanfan (Update on Constitutional Crisis in Canada.....Click user name)
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To: Puzo1

I’d love to see a reporter stand up at one of his press conferences and simply ask:

“Where were you born? What hospital? Will you give immediate approval so we can confirm this through third party official state, municipal, hospital and other governmental agencies?”


3 posted on 01/03/2009 2:05:09 PM PST by johnnycap
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To: Puzo1

Welcome to Free Republic.

Question: Do you think the SC will hear the Berg case? Or Dr. Keyes? Or will this go nowhere?


4 posted on 01/03/2009 2:06:13 PM PST by Responsibility2nd
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To: Puzo1
Good read, but I believe the real reason is below:

There appears to be an unprecedented level of collusion between numerous political power brokers on both sides of the political divide, elected and appointed officials on both the federal and state levels, as well as members of the corporate media.

It is interesting if not alarming to take a few steps back in an effort to gain a wider perspective, and finding unusual alliances and political 'bed partners' among various members this group.... Some events... have taken place within the past several years ... that have effectively changed or otherwise had a direct impact on the social and geopolitical landscape of America and its power structure.

A few examples include such things as NAFTA (North America Free Trade Agreement), the SPP (Security and Prosperity Partnership) treaty, border and immigration issues, the PATRIOT Act, the Global Poverty Act of 2007, the management of the oil "crisis," the most recent economic crisis and the remedies enacted, and the recent G-20 economic summit, where President Bush essentially provided economic oversight of U.S. economic institutions to the European Union.

The goal is the North American Union (NAU) by 2010, thus selling out America as we know it.

The NAU is just part of this global geopolitical agenda. The other part, of course, would be to have the other continents condense into Unions, such as Africa, South America, and the Middle East.

Obama is their pick. They believe because of his Arabic name and the color of his skin, he will be able to draw Africa and the Middle East (ME) under Western elitist influence. They surmise this is imperative as both the ME and Africa are engaging China more-so than the West.

Furthermore, Africa and the ME, when combined, account for 2/3 of the world’s energy resources.

The quest for a Middle Eastern and African Union is at the top of the list, and they believe Obama is the best choice to make that happen.

Allot of this information is layed out by the founder of the Council of Foreign Relations and a top foreign policy advisor to Obama - Zbigniew Brzezinski.

In his book, The Grand Chessboard, Zbigniew states that is imperative to get control of the Middle East and Africa in order to achieve a one-world Western, yet Marxist, dominated government. His logic is based on the fact that by securing Africa and the ME, Russia and China would have no choice but to go along with the West in terms of facilitating this one world government owned and operated by the Western Elite.

5 posted on 01/03/2009 2:07:25 PM PST by jetxnet
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To: Puzo1

Very nicely stated counselor.

Do you believe it possible that he can be forced to show the actual birth certificate prior to Jan 20?


6 posted on 01/03/2009 2:08:51 PM PST by Coachm
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To: Puzo1
Good post! Welcome to FR!

Lamh Foistenach Abu!
7 posted on 01/03/2009 2:17:19 PM PST by ConorMacNessa (HM/2 USN, 3/5 Marines, RVN 1969. St. Michael the Archangel defend us in battle!)
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To: Puzo1
WelcomeTo FreeRepublic!
8 posted on 01/03/2009 2:18:21 PM PST by ButThreeLeftsDo (FR......Monthly Donors Wanted)
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To: Puzo1

Placemarker for later, after my football addiction is sated.


10 posted on 01/03/2009 2:25:54 PM PST by MHGinTN (Believing they cannot be deceived, they cannot be convinced when they are deceived.)
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To: Puzo1

Something tells me it says “muslim” on the bc under religion.


12 posted on 01/03/2009 2:29:37 PM PST by anniegetyourgun
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To: Puzo1

13 posted on 01/03/2009 2:31:43 PM PST by Diogenesis
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To: Puzo1

Welcome to FR! Excellent post! Now if we can find some people with the gonads to enforce the law. Frankly, when it comes to official government lawlessness, people with the authority to act turn their back and don’t act.

Does this make those people accomplices in conspiracy by shirking their duty to serve and protect the Constitution and the laws of the USA?

I believe it does. and it will require citizen arrests en masse, and newly organized courts that displace the corrupt courts. A monumental task. But totally dooable and legal under the US Constitution IMHO.


15 posted on 01/03/2009 2:44:25 PM PST by o_zarkman44 (Since when is paying more, but getting less, considered Patriotic?)
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To: Puzo1
If we let a person who is not Constitutionally eligible
to become the POTUS just because he is black, then
we truly are a racist nation.
16 posted on 01/03/2009 2:45:35 PM PST by Cyber Ninja (His legacy is a stain OnTheDress)
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To: Puzo1

BTTT.


18 posted on 01/03/2009 3:00:16 PM PST by TBP
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To: Puzo1

We know why Obama is not speaking of his BC, what we all want to know is “What are the reasons why SCOTUS, SENATE, AND THE HOUSE will not force him to play his hand and release his real original birth certificate.” They have the power, what are the actual reasons for not making sure he is a NATURAL BORN CITIZEN. IT’S THE LAW.


19 posted on 01/03/2009 3:02:13 PM PST by nbhunt
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To: Puzo1

Here’s my pet theory. Obama’s mother, upon returning from Kenya, took Obama and his Kenyan record of birth to a hospital in Hawaii to get his certification of live birth. My guess is that his mother didn’t know that she was too young for Obama to qualify as a citizen. It’s likely the hospital people didn’t know or didn’t care about the fine points of the law. Obama grew up under the mistaken belief that he was a US citizen. In fact he might not have known where he was born or that he isn’t a citizen right up until he ran for president. He could have been knee deep into the game before discovering he was committing the biggest fraud ever perpetrated upon the American people. This version would work better had Obama’s grandmother and siblings remained silent about the details of his birth, details that have the only ring of truth in this sorry affair. Still, it’s possible that Obama had never heard the truth about his birth place from his grandmother, either grandmother. Now they have been silenced by the murderous thug Odinga, probably at Obama’s bidding. Some of our PC, sanitized politicians and judges have probably began to figure this whole thing out, but they have to think about the embarrassment and upheaval the truth would cause, be damned the Constitution, a mere document of minor, historic interest. Once it is buried, people who doubt Obama’s citizenship will go down in history as kooks on the JFK assassination scale, worse than the idiots who blame Bush for 911. I’m proud to be numbered amongst the crazies who want Obama to come clean and make the details of his birth transparent.


21 posted on 01/03/2009 3:06:45 PM PST by pallis
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To: Puzo1
The mystery seems to be ever present. Would it not be quite simple to remedy the question by producing the actual document? I agree he suffers from a perplexing dilemma that involves a level of complexity that can not be explained.

I suspect there are bigger players who are calling the shots. There has long been talk of a shadow government in our midst and it appears now that it may in fact be present. Never has there been a POTUS elect who lacks the degree of experience, especially now, to lead the USA it the very dangerous nature of the world today.

I fear we will see the beginning of the dismantling of America all too soon. I dare say our children's children will live in a far different country and world. GOD help us all....

By he way, Welcome to Free Republic....

22 posted on 01/03/2009 3:06:53 PM PST by Born In America (Warning: Use liberals only under close conservative supervision.....)
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To: Puzo1
I suspect the theory that 0bama attended college as a foreign student may have some relevance. His insistence on keeping his school records, as well as his birth certificate locked up may be because of this.
25 posted on 01/03/2009 3:16:31 PM PST by The Sons of Liberty (In memory of Liberty and Freedom: July 4, 1776 - November 4, 2008 - Pray for the USA)
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To: Puzo1

Welcome to Free Republic, that is a damn fine post.

I cannot help but consider that at some point just before 0bama announced his candidacy for the Presidency, that SOMEbody in his inner circle, someone who knows him (Bill Ayers?) had to pose the question “what about the citizenship issue?”

Political campaign managers do not want to be surprised. They don’t want to be caught flat footed with sudden questions about “isn’t it true that Senator 0bama is not Constitutionally eligible to serve as President?”

I mean, look at that video of Bill Richardson when he states in unequivocal terms that “0bama is an immigrant”, there is no waffling, no qualification, Richardson made that statement but it never got any major airplay in the media, and it is the media that has served as 0bama’s ‘sword and shield’ in deflecting attacks, and counterattacking those who dare question ‘The One’.

And like all conspiracies, there has to be at least one or more individuals who will not keep silent, and for undetermined reasons (at this point), they may yet come forward to tell the truth about the matter.

Here’s what we know:

Nobody except for the Governor of Hawaii and a handful of state officials have actually seen the ‘vault’ copy of 0bama’s original birth certificate issued in 1961.

No hospital, medical center or clinic in Hawaii has been willing to state that 0bama was born in their facilities in 1961.

No doctor, nurse, or medical professional, working or retired, has come forward to say “I delivered Barack Hussein Obama, and the delivery was in Hawaii”.

The only public notice of birth was a paid-for classified in an obscure Honolulu paper, apparently placed by a family member. Legally, it has all the standing of Monopoly money.

There has been a concerted effort by 0bama and his enablers to conceal as much information as possible from the public, so far as the birth certificate, in addition to school, medical, passport records, etc.

All of the above (and more) serve only to demonstrate that 0bama is someone with something to hide.


30 posted on 01/03/2009 3:28:11 PM PST by mkjessup
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To: Puzo1
After the House certifies the Electoral vote on Jan 8, every single American citizen will now have standing and can bring a civil suit against Obama and/or the DNC.
33 posted on 01/03/2009 3:41:42 PM PST by Polarik (Polarik's Principle:" A forgery created to prove a claim will repudiate that claim")
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To: Puzo1

Everyone know he was born a hermaphrodite and he chose to have it sewn shut so big deal hes a man now so get over it


34 posted on 01/03/2009 3:47:04 PM PST by al baby (Hi mom Mr. Obama, are you aware that Sarah Palin took on her own partyÂ’s establishment in Alaska a)
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