Date Accepted by State Registrar (1930)
Another Date Accepted by State Registrar (1977)
And of course, Barry's Date Filed by Registrar
Posted on 01/08/2010 7:30:02 AM PST by rxsid
So, who will let them know they have been mistaken?
Yes. Unfortunately, the work of an inexperienced lawyer...who definitely has a "big heart", but is just too green with the whole process.
"Did they count on this old law never being found?"
I suspect they thought it wouldn't be located in a timely fashion.
"Why isn’t it available online either at the official HI website or Cornell’s? Or, apparently, in any of the DC law school libraries?"
Great questions. IMO, it appears to be a relatively obscure legal book, that most would not normally pay too much attention to. Not too much call for that book, outside this issue. Many folks concerned with this issue have been searching for it, for some time now.
That all changes now with being able to point to the specific law on the books that WOULD apply to a 1961 Barry birth.
The truth eventually makes it's way to the light of day. Hopefully, more truth will do so sooner rather than later.
Date Accepted by State Registrar (1930)
Another Date Accepted by State Registrar (1977)
And of course, Barry's Date Filed by Registrar
Posted: January 08, 2010
8:34 pm Eastern
President Obama's official spokesman deflected a question today about the president's alleged place of birth.
At the White House press briefing, Les Kinsolving, WND's correspondent there, asked, "While he was in Hawaii, did the president visit the hospital where he was reportedly born, which is which one?"
Spokesman Robert Gibb deflected.
"I don't believe I saw any pool reports of hospital visits," he said.
..."
I first got an OR driver’s license in 1982. It lapsed at some point, and in 1992 I got another one. It has the date 1982 as the first time I got an OR licenese (can’t remember what the exact wording is). So even though it lapsed, it still says the first date I got an OR license. I’ll have to look at another state DL I have to see if it’s the same on that one.
It sounds as thought 1995 is the first IL DL he got with that name.
Its unavailability made me wonder if Sandy Berger was on the case!
I suspect this may be a bit of psy-ops by Apuzzo and Kerchner to create the impression that they don’t take it seriously. It seems too obvious to me that the footnote and reference to the 1982 statute could have been added later. Amendments and corrections are to be made to the face of the document in the file per the statute.
At this point, it is not Apuzzo and Kerchner or Hemenway and Hollister that matter, but D’Onofrio and the Chrysler dealers. p>
D’Onofrio was in the dual citizen-only camp claiming that non-US birth was CT, but he suddenly became extremely interested in the birth location a few months ago. Going back to last March Apuzzo and D’Onofrio were aligned briefly against trying to gain release of Obama’s HI BC:
D’Onofrio quoted from The Right Side of Life:
“I contacted Mario after both reading his pleadings in the Kerchner v. Obama case, and listening to his interviews. I was impressed by the level of detail his pleadings brought forth. The intelligence and passion for the Constitution shown by Mr. Apuzzo and his plaintiff, Mr. Kerchner, were evident in the interviews they have given. They both recognize that the main issue is centered on Obama being a British Subject and that the birth certificate issue, while important, is ancillary to Obama’s admission that the British Nationality Act of 1948 governed his birth status regardless of whether he was born in Hawaii.”
Hmmm...D’Onofrio’s interest in Obama’s BC may well have started at about the same time this Blaine BC appeared! Could the Blaine BC, provided to D’Onofrio by Charlton, have inspired D’Onofrio’s sudden interest in the HI vital record index?
In my expectation, Hemenway’s Law 57 request for judicial notice, while important to get on the record, won’t get him standing. Only D’Onofrio seems to have a chance to gain quo warranto standing (per Judge Carter...refuted by DOJ), so I am daring to get a bit hopeful that D’Onofrio has the Blaine BC and is prepared to use it or gain discovery of it.
PTL for that!!!
http://www.freerepublic.com/focus/f-news/2422326/posts
Read the first paragraph after the elipses. It says that the judge below acknowledged having jurisdiction (i.e., Hollister had standing) based on interpleader laws. That is subject to review/reversal by the Court of Appeals, but at this time, (as I understand it) Hollister DOES have standing.
Maybe a lawyer can clarify, but that is my understanding.
interesting post
Hey Sven, the whole Indonesian deal, as salacious and evidentiary of our man’s fraudulent character as it may be, has nuthin’ to do with nuthin”.
My understanding (not a lawyer) is that jurisdiction is the ability of the court to hear the matter while standing is the eligibility of the plaintiff to bring the matter to that court. These are two distinct, separate gates that a case must get through. One is applied to the court, the other to the plaintiff.
When a court rules it has jurisdiction over the subject matter of a case, that has no effect on whether a particular plainfiff has standing to bring that subject matter against a particular defendant. That is a separate matter for the court to decide before the case can proceed to trial.
Prior to inauguration, lots of courts decided that they had jurisdiction to hear eligibility cases, but none to my knowledge, granted standing. Either the plaintiff was ineligible or the defendant was the wrong defendant or the court was unable to fashion a remedy, or the issue “wasn't ripe” because the electors hadn't voted etc.
Now that the inauguration has passed, and no challenge was perfected (filed and served) in the two weeks or so between when the electors voted and the inauguration, one federal judge, Judge Carter says that only a quo warranto in the DC Circuit is available as a jurisdiction to challenge Obama’s eligibilitiy. That quo warranto jurisdiction, if accepted by the DC Circuit, will then still require a separate assessment by the Circuit as to whether any plaintiff has standing to bring the quo warranto.
Read the first paragraph after the elipses. It says that the judge below acknowledged having jurisdiction (i.e., Hollister had standing) based on interpleader laws. That is subject to review/reversal by the Court of Appeals, but at this time, (as I understand it) Hollister DOES have standing.
Maybe a lawyer can clarify, but that is my understanding."
Right. Attorney Hemenway show's in their reply brief why/how the lower court found standing and thus jurisdiction. The case was dismissed for "lack of claim."
Regarding Donofrio...I read a response from him early on that on the Chrysler case...he was only proceeding with the clients "best interest's" in mind and that they (the clients) were not primarily concerned with the eligibility issue. As I read it, a QW would only be filled IF the BK case did not result in the dealers having their dealerships re-instated. We heard some chatter out there that this past week was going to be the week that the QW was going to be filed. It appears that didn't happen, as it also appears that the QW will only be filed after the BK case(s) fails to result in the dealers getting their business back (or perhaps some other "deal" for compensation).
“Lack of claim” is an element of standing applied to the plaintiff, not an element of jurisdiction applied to the court.
Once jurisdiction is accepted by the court, to gain standing, one of the elements the plaintiff must show the court is a claim in controversy that the court can remedy. “Failure to state a claim” is legal shorthand for failure to request a remedy or lack of remedy that the court can apply within its jurisdiction.
It appears to me that once Obama was inaugurated, the court where Hollister filed lost jurisdiction. Only a limited category of plaintiffs (not appearing to include Hollister) can currently have standing to challenge Obama’s eligibility in quo warranto in the DC Circuit.
When my son gets up I will look at his. He accidentally let his lapse. Moving and stuff.
I think you can drive on a out of state DL for a certain period of time usually. Cont. could mean continued from out of state license?!
What I find interesting is the timing he decided to get his Illinois DL. Maybe the name was Soetoro too.
I have been worried about this. If the government, acting to protect Obama, offered a sufficient cash settlement and the dealers took it, quo warranto would almost certainly be dropped by the dealers as a condition of the settlement.
BTW, The dealers don't want to reopen their dealerships, they want settlement money, per the lead plaintiff. The Chrysler dealerships were shut down immediately, unlike the GM dealerships that are on a phased schedule that can be canceled by arbitration.
It is possible that the quo warranto has been put on hold and kept as a threat to motivate a cash settlement, but Anderer, the Chrysler dealer seen on Cavuto really seemed to want to punish Obama and didn't seem likely to settle for a few pennies on the dollar for having his franchise given to a competitor who was a Democrat contributor.
It is not at all clear how meaningful funding for a settlement could be obtained from the legal entity that is still in bankruptcy. The bankruptcy judge would have to admit a huge mistake (a fraud on the court said D’Onofrio) and the redistribute the assets of the bankrupt entity taking away assets allocated to other creditors and giving them to the Chrysler dealers. I just don't see the wherewithal for a settlement there for the Chrysler dealers.
At a minimum, any settlement would take time lots of court proceedings. D’Onofrio was fully aware of this when he said he would file the quo warranto right around New Years Day. If you look at the 12-29-09 interview with Anderer on Cavuto that game is very much on and I thought I saw a “quo warranton” gleam in Anderer’s eye.
There could be many reasons why D’Onofrio might want to delay quo warranto for a few days or weeks to tweak it to make it better. Also for maximum publicity impact, the world isn't really back from the holidays until this Monday. Quo warranto isn't much good as a threat to pressure for a cash settlement unless it can actually get filed in the DC Circuit with arguments that some portion of the Obama DOJ team regards as credible. So I fully expect that it is coming soon.
The other night however, I noticed the wording on the 1982 revision which also included territorial Hawaii. Then I realized at any point in time Obama's parents could have filled out forms for Obama's citizenship. Not natural born citizenship, but citizenship.
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.
Thanks for your posting of this by the way.
Perhaps this has already been discussed, but, if so, I missed it:
I find it very interesting that the purported source of this document is named “Blaine,” which is also the middle name of one of those who signed it.
Relatives? Could the signatory still be alive and have access to the original?
Long shot, but very interesting.
Ethically speaking, Donofrio is obliged to represent his clients. If they are made whole in an out of court settlement, The WQW would not be necessary, nor necessarily in their best interests. This one's about car dealers' money, not about usurpation of office
The fact that the threat of a WQO might work to spring the cash might be useful in a future case.
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