Hearing set for soldier in Obama birth certificate case

CNN ^ | August 6, 2010 8:56 a.m. EDT | By the CNN Wire Staff

[Jonah Vark]

A court hearing is scheduled for Friday in the case of an Army officer who has refused to deploy to Afghanistan because, in his view, President Barack Obama has not proven that he was born in the United States and is therefore ineligible to be president.

[allmendream]

OK then, show me the mechanism whereby an individual can request and receive their Hawaii DOH ‘vault’ copy “long form” birth certificate?

Any Hawaiian FReepers out there able to get the Hawaii DOH to release theirs?

[PeteCat]

I requested a ‘birth certificate’ recently from vital statistics here in Pennsylvania. It is a computer-generated form, not a copy of the original document. It lists the County but not City. Day-month-year but not time. It omits parents names. It does not list hospital, doctor or any other witnesses.

I cannot use it for a passport as it does not contain parents names. It has limited utility depending on the requirements of the requesting agency.

The document that has been presented by the Obama team does not seem to contain the information necessary to determine circumstances of birth.

[philman_36]

OK then, show me the mechanism whereby an individual can request and receive their Hawaii DOH ‘vault’ copy “long form” birth certificate?
You're going in a circle. Find out for yourself. Don't take someone else's word for it like you did with FactCheck and wherever it was you thought that paper copies didn't exist.
Find it out by yourself for yourself. I'm nobody. You've been given a starting point so head out.

[jamese777]

To anyone who knows anything about consitutional law, your statement is categorically false.
The latest example of the noblesse oblige attitude of the federal judiciary is the decision by the federal district court gutting Arizona’s laws, and by diktat ordering Arizona to not enforce it’s `mirror image’ laws of federal immigration and nationalization laws because the feds—under Bush, and now Obama—have adopted an attitude of salutary neglect towards their own laws.
In other words, if the feds aren’t enforcing the law, nobody should enforce the law.

In a trial in which a document is a critical piece of evidence a federal judge with any sense of professionalism and integrity at all would require that federal evidence rules apply, regardless of what the great state of Hawaii opines or any spurious law put forth by those who carry water for Obama. And here that would be the `best evidence’ rule.

---

Birth certificates are considered “self-authenticating” documents under the Federal Rules of Evidence and the Federal Rules of Civil Procedure/Federal Rules of Criminal Procedure. Obama’s short form obtained directly from the state of Hawaii along with a notarized statement of authentification or a sworn deposition from authorized officials of the state of Hawaii should suffice.
Federal Rule of Evidence 1001(3) states “if data are stored in a computer....any printout or other output readable by sight, shown to reflect the data accurately, is an original.” That’s where a letter of authentification or a sworn deposition would come in handy.

In my humble opinion the best way to get to view Obama’s original, long form, vault copy Certificate of Live Birth is via a subpoena. Hawaii Revised Statutes: 338-18(b)(9) allow for a birth record to be released without the permission of the person named on the birth record 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;”

I think more people would be likely to accept a vital record as valid if Obama had nothing to do with its release. A prosecuting attorney could apply for a subpoena from any judge as a part of a Grand Jury investigation into election fraud, document fraud or forgery.

Everyone (71 failed attempts and counting) who has attempted to get at Obama’s birth documents thus far has used the civil (lawsuit) courts to no avail because no one except possibly the John McCain/Sarah Palin campaign or the Republican National Committee would have legal standing to sue. You have to be able to show DIRECT, not indirect injury-in-fact and only McCain got electoral votes like Obama did. With 71 civil suits already dismissed on standing grounds, the professionalism of federal judges never gets tested because there is no evidentiary phase of any trial.
I suggest the criminal courts and a Grand Jury investigation would be a better route to subpoenaing the original document.
Lieutenant Colonel Lakin could possibly be granted the right to depose Hawaii officials. We might know later today.

[allmendream]

Sorry charlie, my statement is absolutely correct.

I refer you to the U.S. Constitution....

“Article IV section 1

Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.”

A ‘short form’ birth certificate is a public record of the state of Hawaii that other states must give “full faith and credit” to. Congress has, by general laws, prescribed the manner of what shall be the minimum requirement for proof of birth - and the Hawaii document meets that standard.

Full faith and credit. I suggest you familiarize yourself better with the U.S. Constitution.

The Federal governments refusal to enforce its own laws or allow Arizona to ‘pick up the slack’ is irrelevant to the full faith and credit clause.

[philman_36]

BTW, don’t end a statement with a question mark. It makes you look unlearned.

[allmendream]

The “Can you” was implied, it was a question not a statement. I.e. “Can you show me?” is the equivalent of “show me?”. Apparently you cannot show me. Missouri is sorely disappointed! ;)

[philman_36]

Hint...hint...
§338-19 Photostatic or typewritten copies of records.
The department of health is authorized to prepare typewritten, photostatic, or microphotographic copies of any records and files in its office, which by reason of age, usage, or otherwise are in such condition that they can no longer be conveniently consulted or used without danger of serious injury or destruction thereof, and to certify to the correctness of such copies. The typewritten, photostatic, or microphotographic copies shall be competent evidence in all courts of the State with like force and effect as the original.

[philman_36]

Poor you. You really don’t have a clue, do you?

[wintertime]

BTW, don’t end a statement with a question mark. It makes you look unlearned.
^^^^^^^^^^^^^^^^^^^^^^^^^

Oh no! A grammar Nazi!

[philman_36]

HRS_0338
Pay particular attention to the section numbers. Those are the numbers after the hyphen.

[wintertime]

Obama’s short form obtained directly from the state of Hawaii along with a notarized statement of authentification or a sworn deposition from authorized officials of the state of Hawaii should suffice.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Fact: Has Obama provided the above? NO!

Fact: It is a simple matter to prove that one is a natural born citizen.

Fact: Obama has gone to considerable effort and spent tax dollars and his own to prevent the release of the common documents that would prove ( or disprove) his natural born status.

Fact: A natural born president would be **HONORED** to promptly prove ( with the **best** evidence) to any soldier or citizen that he was indeed natural born and eligible to be president and Commander in Chief.

Conclusion: That Obama has treated military officers and citizens in the manner that he has, strongly indicates that he is a usurper.

[rolling_stone]

So why wont the US State Department accept short form BC.s from California and at least parts of Texas for proof of citizenship?

[Drew68]

General Larkin is a true American hero.

The flight surgeon who took Lakin's spot is a true American hero.

It's a sad day on Free Republic when we celebrate cowards who weasel out of the military duty they volunteered for.

[philman_36]

How about §338-13 Certified copies.?
(a) Subject to the requirements of sections 338-16, 338-17, and 338-18, the department of health shall, upon request, furnish to any applicant a certified copy of any certificate, or the contents of any certificate, or any part thereof.
It seems to me that an applicant can get a certified copy of everything pertaining to themselves.
Don't, however, take my word for it like you did before only to be proven wrong.
I'm only showing you what the law says. As I understand the law an applicant can get, and release, a long form birth certificate since it's been proven that such documents do in fact exist.
The specificity for doing so? I suggest you ask the Hawaii DOH. They would be a much better source of information than me.

If you don't ask for the Full Monty you won't get it. You only get, apparently, what you ask for.

[jersey117]

He probably didn’t even graduate

[philman_36]

A grammar Nazi!
Ah, well. I thought I was being helpful.

[JoeA]

Well, if the Constitution were followed (a big if), the election would be null, and the house would meet to elect a President.

[Mortrey]

“It’s a sad day on Free Republic when we celebrate cowards who weasel out of the military duty they volunteered for.”

Larkin IS to be admired....
Trolls, like Drew68, are to be reviled.

Birth Certificate thread, and the offal are “on the clock”, again.