Virginia AG outlines Obama eligibility test

WorldNetDaily ^ | MARCH 16, 2010 | Bob Unruh

[RobinMasters]

A newly released recording reveals a state attorney general explaining how the president's eligibility could be tested in the courts by a lawyer defending a client against an accusation brought under legislation signed by Obama.

The recording of Virginia Attorney General Kenneth T. Cuccinelli puts him on a growing list of elected leaders, members of Congress and state officials who have addressed concerns over Obama's eligibility to occupy the White House.

Cuccinelli released a statement this week that the recording, apparently made either while he was campaigning for the office or shortly after he was elected, was a "hypothetical" answer to a "hypothetical" question.

Officials in Cuccinelli's office did not respond to WND requests for comment today. But earlier in a statement released to Politico, Cuccinelli tried to separate himself from the recording, confirming, "I absolutely believe that President Obama was born in the United States. I don't buy into the claims that he wasn't."

But the audio record makes clear his ideas:

IS ATTORNEY GENERAL KEN CUCCINELLI A BIRTHER

[CharlesWayneCT]

I absolutely believe a lot of things that could theoretically be wrong. Belief is always based on the best evidence available, and it would be foolish to think that you have all the evidence that could ever exist.

So you can’t say that he changed his tune. “I absolutely believe” does not contradict “it doesn’t strike me as beyond the realm of possibility”.

I absolutely believe we are the only life in this universe, but it doesn’t strike me as beyond the realm of possibility that there could be life on other planets — I simply don’t believe there is.

Ken is a great legal mind, and loves to answer legal questions legally.

[kiltie65]

Orly Taitz is running for Atty Gen in California...and if she wins the first thing she is going to do is demand Obama show his eligibility.

[SunkenCiv]

Thanks justiceseeker93.

[El Gato]

I still think that the “birthers” are going at this all wrong. Instead of trying to find ways to have the sitting President prove that his is eligible, we should be focused on making sure that no one is ever able to get that far in the next round of elections.

Both remains an option, and if you don't manage to get the Usurper thrown out on his ash, you keep him from running again. But in the mean time, he'll have done a lot of damage to the country. A whole pot full of it.

[Joe Marine 76]

> “He says basically, someone will break a law that obama signed off on, they will be caught and go to court and say Obama is not president and the law is void. Then Obama will have to prove he was president so the criminal can be prosecuted under his law.” <

I have posted this scenario before. Since Obama is putative “President and Commander-In-Chief” of the United States Armed Forces his signature is on the first/cover page of the Uniform Code of Military Justice.

I dare say that any Soldier, Sailor, Airman, Coast Guardsman, or Marine could question the authority by which they might be tried in a Trial by Court-martial.

Former JAGs: “What say you?”

[Candor7]

Well I don't know about his navel , but I do know for damm sure his a$$haole is sewn shut. All the shite comes out of his mouth!

[OafOfOffice]

The two who refused orders based on Obama’s elibility, they needed to be court martialed first?

[Joe Marine 76]

> “The two who refused orders based on Obama’s elibility, they needed to be court martialed first?” <

I recall that Major Cook didn’t get his “day in court” because the Obama Administration was slick. They just cancelled his orders and then screwed him by taking away his employment with a private contractor. The second case I don’t recall... Barnett?

Here’s a scenario for you, real basic.

Marine Pvt Joe Bagodonuts goes UA (Unauthorized Absence (AWOL for Army)) around January 20, 2009. After thirty days, he’s “Declared Deserter.” He’s stopped by Fitzy the Cop in Boston for public drinking and by a NCIC Check he’s found to be a Deserter from the Armed Forces of the United States.

Pvt Bagodonuts is sent back to Camp Lejeune for Trial by Court-Martial and pleads “Not Guilty” to the Charges and Specifications of Art 86 and 87 because he “Missed Movement” as his Battalion was deploying. He pleads “Not Guilty” because he believes the Prez is not qualified or is ineligible to be Commander In Chief.

How would the Convening Authority, in this case a Commanding General, dispose of the Charges and Specifications? Does the Pvt’s Defense Attorney, on his client’s behalf, have the the cajones to request proof that the Prez is eligible?

Any case pending or in process RIGHT NOW: if a serviceman is JAGed-up he could do the same thing.

Quo Warranto?... “What Authority?” does Barack Hussein Obama through the Commanding General have to try by Court-martial any serviceman for Charges and Specifications of Violations of the UCMJ?

Former JAGs: “What say you?” I’m just brain-storming here.

[OafOfOffice]

I think you got the names right. The first they released from orders, took his DOD job. The second one was pretty much destroyed and ridiculed as someone who simply did not want to fulfill their contract.

How would the Convening Authority, in this case a Commanding General, dispose of the Charges and Specifications? Does the Pvt’s Defense Attorney, on his client’s behalf, have the the cajones to request proof that the Prez is eligible?

If the commander in chief said let it go? Like everything else, Obama takes it as far as he can then when caught he releases them.

[Joe Marine 76]

> “If the commander in chief said let it go? Like everything else, Obama takes it as far as he can then when caught he releases them.” <

Yeah, like a “Roseanne Roseannadana”... “Oh never mind.”

[jamese777]

Under the laws of Hawaii, the Attorney General of Virginia (or any other state, or a US Attorney, or any jurisdiction’s district attorney) can seek a subpoena for Obama’s birth record.

Hawaii Revised Statute 338-18 (b) point 9 states that a birth record can be released to: “a person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction;”

The Attorney General of a state would be such a person.
http://www.capitol.hawaii.gov/hrs2006/Vol06_Ch0321-0344/HRS0338/HRS_0338-0018.HTM

[Yaelle]

BINGO. We need to establish this forever forward by the states. And you are right that all we need is one state, to start.

[jamese777]

I forget which state, but I believe that at least one state has this on the agenda right now. If not, they should.

Forget my state. It’s as blue as MA.

---

Arizona is the state that is considering it but this approach is unlikely to work. The state of Hawaii has already established in law that the short form COLB like the one Obama posted IS the official birth certificate of Hawaii.
Since the federal government accepts the short form COLB of Hawaii (and of many other states) as good enough for the issuance of a US passport, that is all that a Presidential candidate will ever be required to show. The short form has the required constitutional information: place of birth and date of birth. The other constitutional requirement, 14 years residence in the US is not on a birth document.
You can read what the state of Hawaii has to say about their official birth certificate here:
http://www.starbulletin.com/columnists/kokualine/20090606_kokua_line.html

The easiest way to gain access to Obama’s original birth records is via a judge issuing a subpoena for them. I’m surpised that this didn’t happen two years ago.

[FreedomPoster]

I have thought and said the same, and think you are spot on.

I have heard rumblings out there on this, but don’t have a link. But it has come up at the state legislator level.

[TXnMA]

Ritze of OK has it all wrong. His bill does not require candidates for POTUS to present proof that both of the candidate's parents were US Citizens at the time of the candidate's birth.

[Brytani]

5) Someone financed a trip for Barack Obama, SR. to come back to Hawai’i and appear in Hawai’i District Court to complain Barry was adopted without his consent. After the Court voided the Soetoro adoption, the Court ordered a new vital record to be created and “filed” by the Hawai’i DoH stating the facts we know as the online FTS COLB. The Court did not see fit to name a doctor, hospital or administrator. All other information was Court Ordered, i.e. father’s race as African was from a culturally sensitive Judge and not a CDC recommended classification of race.

Source for this - in my research the only verification I’ve found of Obama’s adoption are quotes from his sister and his mothers divorce papers from Soetoro stating two children, one over 18 requiring financial assistance.

Since we know Stanley had two children, the reference on the divorce papers must be to Obama.

[Forty-Niner]

The assumption of Barack Obama to the Presidency of the United States has precipitated a Constitutional Crisis. Most members of Congress, all members of the Supreme Court, and most of the Administration/Law Enforcement/Lawyers etc. know that Barack does not meet the Constitutional requirements for the Office he holds.

The nature of this crisis requires that the Courts move in a careful and deliberate manner keeping in mind the historic and precedent setting nature of removing a sitting President because of his failure to meet the Constitutional requirements to hold that office. All t’s will be crossed and i’s dotted in this case for obvious reasons.

In the dismissal of Alan Key’s eligibility case in Judge Carters California Federal District Court included the suggestion that the proper form and court to bring suit against Obama’s fraud was a Quo Warranto suit filed in the District of Columbia’s Appeals Court. I believe that this course of action was suggested to Judge Carter by Chief Justice Roberts.

It must be remembered that the USSC is not a Trier of Fact, but rather a Judicial Review Court. Their function is to hear cases on appeal from lower courts and to apply constitutional precepts to the case. (Note: that they do not re-argue the facts of the case) No matter how this suit is decided in the DC Appeals court it will wind up in the USSC where the precedent setting ramifications will be carefully weighed.

There is no silver bullet in this matter…..unfortunately; Obama will do an inordinate amount of damage to the fabric of our Republic in the mean time. I believe that it will eventually be adjudicated, and Obama’s Election/Presidency will be found to be unconstitutional.

I sincerely hope that all people involved be prosecuted for the voter fraud they perpetuated upon the US by certifying Obama as eligible for the Office of the President. (Nancy will look much better in Federal Orange than she does holding the Speaker of the House’s gavel, not to mention the piece of mind that that sight would engender.)