Judge: Hearing Monday For Obama Identity Fraud Case; Obama Selective Service Fraud?

BirtherReport.com ^ | April 16, 2013 | US Dist. Judge Morrison C. England

[Seizethecarp]

Pursuant to Local Rule 230(g), the Court will hear oral argument regarding both California Defendants’ and Federal Defendants’ Motions to Dismiss on April 22, 2013 at 10:00 am in Courtroom 7. The Court will allot each party--Plaintiffs, California Defendants, and Federal Defendants--a maximum of 30 minutes of oral argument. Oral argument will be limited to: (1) mootness, (2) standing, (3) political question doctrine, (4) the Speech and Debate Clause, and/or (5) service of process on defendants. No witnesses and/or exhibits will be permitted or considered at the hearing. Plaintiffs’ “Motion to Recuse Counsel for Defendants and Motion to Expedite under Local Rule 144” (ECF No. 102) currently set for April 18, 2013 is VACATED in light of the hearing on the motions to dismiss. A new hearing date will be set for said motion if necessary. IT IS SO ORDERED.

[Ray76]

HIDOH has never certified a true and correct copy.

[dude911]

The May 22, 2012 Hawaii “Verification of Birth”, signed by Hawaii State Registrar Onaka, includes the following statement:

“I verify that the information in the copy of the Certificate of Live Birth for Mr. Obama that you attached with your request matches the original record in our file”.
(RE:Washington Times)

Matching the original record, and certifying that the document attached was issued by the HI DOH, is two different things. Onaka did not certify that all of the information matched, nor did he certify that the document was the one issued by his office, nor dispute any claims to the contrary which are easily found in the public domain. The omission of the certification that the document, which was a copy of the LF BC posed on the official White House web site, leaves open the legal challenge to forgery and fraud.

The records in Hawaii can be something completely different. The state law bars these people from disclosing any information that Obama himself did not disclose. This is a weasel clause so to speak, so that if/when the facts of this case do get to criminal complaints, the officials at the HI DOH are covered.

[dude911]

Yet, the fact that, if true, a crime of forgery was committed, obligates the Judge to refer that for criminal prosecution. The failure of the DoJ to clear this up, in the interest of the People of the United States, instead of clumsy cover-ups to hide any potential question of criminal acts, flies in the face of justice. The same thing goes with the SSN, both now and in every previous case that these issues have been raised.

It is, literally, treason. One must consider that any person who allegedly would take action to usurp the office of PoTUS to be an enemy of the USA. That person, and every other person who aids and abets that act, are guilty of Treason.

[dude911]

Nice try, but face it, when these Judges fail to apply the full extent of legal precedent, and refuse to acknowledge evidence that implicate that a criminal act may have occurred, then the whole body of cases you presented, many of which are dependent upon error and omission, are bogus.

When the Judicial Branch fails to recognize its own errors, and builds case after case on un-litigated and unconfirmed assumptions, then its not Justice, but a political hot potato that they keep kicking down the road.

[dude911]

This goes to the point that the Sect of State, and the AG, and every office attending to the case at hand, has a primary duty to insure that any criminal act in this case is prosecuted to the full extent of the law under both State and Federal jurisdiction. They are representatives of the people of the State of California, not the candidates, nor to any political affiliations that are popular at the given time of the event. The State is obligated to the protection of the people who are it's citizens, and those who are employed by the State do not have an option to waver from that duty. The omission to perform that duty, when they have received information that indicates that a crime against the people may have occurred, makes them derelict in their performance of duty. If a political agenda is apparent in their actions, they should be prosecuted right along side with the individuals that they are trying to protect.

The Judge should have an obligation to insure that the people's interests are protected as well. The fullest benefit possible to the plaintiffs in this case should be give above and beyond the positions held by the defendants in this case, and in the event of any possible conflict of interests, either personal or in the professional conduct of these people, the plaintiff should be allowed to proceed.

[4Zoltan]

The Hawaii statute is not set up to certify an image, it is to verify the occurrence of the vital event and the facts associated with that event.

§338-14.3 Verification in lieu of a certified copy. (a) Subject to the requirements of section 338-18, the department of health, upon request, shall furnish to any applicant, in lieu of the issuance of a certified copy, a verification of the existence of a certificate and any other information that the applicant provides to be verified relating to the vital event that pertains to the certificate.

(b) A verification shall be considered for all purposes certification that the vital event did occur and that the facts of the event are as stated by the applicant.

(c) Verification may be made in written, electronic, or other form approved by the director of health.

The DOH verifies two things - the existence of the record and the facts of the record. Which they have done on all three verifications they have issued. They are not required to verify that the pdf is a true copy or was issued by the DOH or to dispute any claims being made about the pdf.

§338-14.3 (b) is pretty plain in its language. The verification is certification that the vital event [birth in Hawaii] did occur and that the facts associated with the event are as stated.

[Seizethecarp]

“Yet, the fact that, if true, a crime of forgery was committed, obligates the Judge to refer that for criminal prosecution.”

Unfortunately, this will not be an evidentiary hearing to assess any claims of proof of a crime. It concerns only the five points the judge listed.

Bottom line: Was this case “over” (can a federal court intervene) AFTER Barry was inaugurated yet again?

Only if Dr. Taitz can persuade the judge that the court still has jurisdiction and her plaintiff has standing could the case move on to discovery and trial on the merits.

[Nero Germanicus]

Just because a Letter of Verification doesn’t use your preferred language does not invalidate the authenticity of the document. Every Trier of Fact and every state’s Chief Elections Official who has received a Hawaii Letter of Verification in Lieu of Certified Copy has accepted it as official confirmation. None have said “I need this to say ‘true and correct.’”
The Hawaii state registrar can be subpoenaed and asked directly under oath if the Long Form Birth Certificate is “true and correct.”

[Nero Germanicus]

Criminal acts are not adjudicated via civil lawsuits. If crimes have been committed, the criminal courts are where they should be heard. No one has filed a criminal complaint over the last five years.

[Ray76]

My “preferred language”? That is how copies are certified.

An “abstract” is all that has been offered.

[Nero Germanicus]

Did the Secretaries of State of Arizona and Kansas accept the Hawaii Letters of Verification and use them to clear Barry for the Kansas and Arizona ballot? Yes they did.
Did US District Court Judge Henry Wingate accept a Hawaii Letter of Verifcation as an exhibit in a Motion for the defense in Orly Taitz’s Mississippi eligibility challenge? Yes he did. Has he acted on the Motion yet? No, he hasn’t.

[Seizethecarp]

“All there is is an allegation of forgery and the state of Hawaii says that the whitehouse.gov image matches the original birth certificate in their files.”

All:

The first part of the above statement is false. Sheriff Arpaio’s Posse has made what I regard to be a credible allegation of criminal conspiracy between Hawaii officials and the person or persons who forged the pdf file purporting to be a LFBC on the White House website. I am a retired Certified Fraud Examiner (CFE).

The apparent complicity of Hawaii officials in this conspiracy has so far effectively prevented legal discovery of the original 1961 vital records by forcing all state secretaries of state and courts to honor Hawaii’s “authentication” under the “full faith and credit” clause of the Constitution.

This apparent criminal firewall in HI can be breached if one or several state AG’s or the House launches a criminal investigation of the forgery that the Posse says is “beyond any doubt.”

[Seizethecarp]

“All there is is an allegation of forgery and the state of Hawaii says that the whitehouse.gov image matches the original birth certificate in their files.”

All:

The first part of the above statement is false. Sheriff Arpaio’s Posse has made what I regard to be a credible allegation of criminal conspiracy between Hawaii officials and the person or persons who forged the pdf file purporting to be a LFBC on the White House website. I am a retired Certified Fraud Examiner (CFE).

The apparent complicity of Hawaii officials in this conspiracy has so far effectively prevented legal discovery of the original 1961 vital records by forcing all state secretaries of state and courts to honor Hawaii’s “authentication” under the “full faith and credit” clause of the Constitution.

This apparent criminal firewall in HI can be breached if one or several state AG’s or the House launches a criminal investigation of the forgery that the Posse says is “beyond any doubt.”

[rxsid]

No court, aside from the Indiana court, has stated in their findings that Barry is a natural born Citizen.

In fact, that Indiana decision admitted that WKA (both parents of whom were considered perminantly domociled here) wasn't determined to be a natural born Citizen, yet they used that case as their guidance. Pretty stunning and clearly in error.

[Nero Germanicus]

Post 35 in this thread lists seven state and federal courts that have ruled Obama to be a natural born citizen.

[MHGinTN]

Are you sure these courts ‘ruled’ him an NBC, rather than not allowing a case to test that ‘theory’? And yes, I am aware of the ‘ankely’ foolishness from IN.

[dude911]

Any judge who is aware of criminal acts should refer them to prosecutors.

Period.

[dude911]

No.

The case was initiated prior to inauguration.

Got any more cheese, or is it all mold?

[dude911]

read what I wrote

then use your head

or are you really that shallow?

[Ray76]

The Certificate of Live Birth is certified as a "true copy or abstract"

The Verification Letter (AZ) verifies that the information in WH COLB PDF "matches the information contained in the original Certificate of Live Birth". It certifies that "information contained in the vital record on file with the Department of Health was used".

The Verification Letter certifies that the vital record on file with HI DOH was used to verify that the WH COLB PDF "matches". Onaka is telling us that the WH COLB PDF is not a true and correct copy, but that the information "matches". In other words the WH COLB PDF is an abstract which omits information.