Philip J. Berg’s federal lawsuit challenging Barack Obama to document his US citizenship was dismissed last month in Philadelphia on the grounds that the plaintiff lacked standing.
Now, Alan Keyes, who does possess standing, having himself appeared on the California ballot this year as candidate for president of the American Independent Party, is suing the Secretary of State of California in Superior Court in Sacramento, asking the court to order that she refrain from certifying the election of the democrat party’s individual presidential electors until Barack Obama provides proof of his eligibility with respect to citizenship for the presidency.
Keyes v. Bowen pdf
In case Senator Obama cannot present proper documentation verifying his citizenship, he cannot be elected President of the United States, and SOS (Secretary of State) has a duty to bar the casting of votes by California Electors in support of his candidacy.
67. To avert a constitutional crisis which would certainly accrue after the election through laborious legal challenges, this writ seeks to resolve such complaints. It was incumbent on the candidates to present the necessary documentation confirming his citizenship, but, to date, Senator Obama has failed to do so.
68. At this point, Senator Obama has not allowed independent or official access to his vault (original hospital) birth records and supporting hospital records. Senator Obamaâ€™s citizenship status has been, and is being, challenged in 17 different legal actions in various federal and state courts, which challenges cast doubt on the validity of the electoral process, regardless of outcome, if not resolved prior to the certification of the election by the Electors. SOS is specifically charged with certifying and guaranteeing the validity of official documents and overseeing the elections in California, such that the peopleâ€™s confidence in the fundamental aspect of democracy is maintained. To date, in this regard, SOS has not carried out that fundamental duty.
69. This writ requests a court order barring the SOS from both certifying to the Governor the names of the California Electors, and from transmitting to each presidential Elector a Certificate of Election, until such documentary proof is produced and verified showing that is a â€œnatural bornâ€ citizen of the United States and does not hold citizenship in Indonesia, Kenya or Great Britain. In addition, this writ requests a court order barring the California Electors from signing the Certificate of Vote until such documentary proof is produced and verified showing that Senator Obama is a â€œnatural bornâ€ citizen of the United States and does not hold citizenship in Indonesia, Kenya or Great Britain.
70. Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void, Petitioners, as well as other Americans, will suffer irreparable harm in that an usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal. …
74. A press release was issued on October 31, 2008, by the Hawaii Department of Health by its Director, Dr. Chiyome Fukino. Dr. Fukino said that she had â€œpersonally seen and verified that the Hawaii State Department of Health has Senator Obamaâ€™s original birth certificate on record in accordance with state policies and procedures.â€ That statement failed to resolve any of the questions being raised by litigation and press accounts. Being â€œon recordâ€ could mean either that its contents are in the computer database of the department or there is an actual â€œvaultâ€ original.
75. Further, the report does not say whether the birth certificate in the â€œrecordâ€ is a Certificate of Live Birth or a Certificate of Hawaiian Birth. In Hawaii, a Certificate of Live Birth resulting from hospital documentation, including a signature of an attending physician, is different from a Certificate of Hawaiian Birth. For births prior to 1972, a Certificate of Hawaiian Birth was the result of the uncorroborated testimony of one witness and was not generated by a hospital. Such a Certificate could be obtained up to one year from the date of the childâ€™s birth. For that reason, its value as prima facie evidence is limited and could be overcome if any of the allegations of substantial evidence of birth outside Hawaii can be obtained. The vault (long Version) birth certificate, per Hawaiian Statute 883.176 allows the birth in another State or another country to be registered in Hawaii. Box 7C of the vault
Certificate of Live Birth contains a question, whether the birth was in Hawaii or another State or Country. Therefore, the only way to verify the exact location of birth is to review a certified copy or the original vault Certificate of Live Birth and compare the name of the hospital and the name and the signature of the doctor against the birthing records on file at the hospital noted on the Certificate of the Live Birth.
76. An unprecedented and looming constitutional crisis awaits if a President elected by the popular vote and the electoral vote does not constitutionally qualify to serve in that capacity. In addition if Senator Obama is not a â€œnatural bornâ€ citizen and not eligible for presidency, Senator Obama will be subject to the criminal Provisions of the California Elections Code, stating, â€œAny person who files or submit for filing a nomination paper or declaration of candidacy knowing that it, or any part of it, has been made falsely is punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the state prison for 16 months or two or three years or by both the fine and imprisonmentâ€ (California Elections Code Â§ 18203). …
79 However, there are a number of separate reasons that would make Senator Obama ineligible to serve as President of the United States. On August 21, 2008, Mr. Phillip J. Berg, former Deputy Attorney General of the State of Pennsylvania, filed a legal action against Senator Obama and the Democratic National Committee. With his action, and in the subsequent appeal to the Supreme Court of the United States, Mr. Berg provided documents to the effect that Senator Obama was born in what is now Kenya (the British East African Protectorate of Zanzibar at the time) and that his paternal grandmother was present at his birth. Senator Obama claims that he was born in Hawaii. According to statements made by his half-sister, Maya Soetoro Ng, he was born in Kapiolani Hospital in Hawaii. According to his biography posted on Wikipedia, Senator Obama was born in Queens Hospital in Hawaii. However, he has never provided the original hospital birth certificate from 1961, with the name of the hospital and the name and the signature of the doctor in attendance. All that Senator Obama has posted on his website is a Registry of Live Birth (short version), obtained in 2007, that does not provide the name of the hospital or the doctor. Clearly, one human being cannot be born in three different places. Hawaii Revised Statute 338-178 allows registration of birth in Hawaii for a child that was born outside of Hawaii to parents who, for a year preceding the childâ€™s birth, claimed Hawaii as their place of residence. The only way to know where Senator Obama was actually born is to view Senator Obamaâ€™s original birth certificate from 1961 that shows the name of the hospital and the name and signature of the doctor that delivered him. From August 21, 2008, for over two months, Senator Obama has refused to provide his original birth certificate, even though, in his book, Dreams of My Father, page 26, he states, â€œâ€¦ I found the article folded between my birth certificate and old immunization recordsâ€¦â€ which shows that he clearly has his birth certificate, or that he lied in his book. Particularly telling is the fact that not one single person has come forward, not a doctor, not a nurse, not a hospital administrator, nor anyone else, to state that he or she was present during this birth, except for Obama’s paternal grandmother, who affirmed that she “was in the delivery room in Kenya when he was born Aug. 4, 1961.â€ Additionally, when Mr. Berg served subpoenas on the hospitals mentioned above, Senator Obama refused to sign a consent form that would allow the hospitals to release any of his information. Instead, Senator Obama has hired three law firms to defend himself, and has challenged the action by Mr. Berg on a technicality, claiming that an ordinary citizen does not have standing to bring the suit. This matter is currently being reviewed by the U.S. Supreme Court. The parties in this case have standing to bring this litigation, due to the fact that Dr. Keyes and Dr. Drake, Sr., are candidates on the California ballot for President and Vice President of the United States, and Mr. Robinson is an Elector for the Keyes-Drake ticket, and Vice Chairman of
Americaâ€™s Independent Party, of Fenton, Michigan, which nominated Dr. Keyes for President. He is also a Chairman of the American Independent Party (California), which nominated Dr. Keyes and Dr. Drake for President and Vice President, respectively. Based on the foregoing, it is imperative for SOS to be provided proof that Senator Obama is a â€œnatural bornâ€ citizen.
80. If he was born in Hawaii, there are four (4) other obstacles to Senator Obamaâ€™s eligibility. In and about 1967, Senator Obama moved to Indonesia, took the last name of his stepfather, Soetoro, and went by the name Barry Soetoro. In original legal action filed by Mr. Berg, he presented Senator Obamaâ€™s school registration, showing him registered as Barry Soetoro, Citizenship-Indonesian, Religion Islam, signed by L. Soetoro. From 1945, Indonesia has not allowed dual citizenship and, therefore, Ms. Dunham-Obama-Soetoro, Senator Obamaâ€™s mother, had to relinquish her sonâ€™s U.S.citizenship in order to obtain Indonesian citizenship for him, which would make him ineligible to become a United States President. Additionally, the United States could not allow dual citizenship with Indonesia at that time, as Indonesia did not allow dual citizenship, and it was prohibited by the Hague Convention of 1930, as interfering with the internal affairs of another sovereign Country.
81. In addition, upon return to the United States in and around 1971-1972, Senator Obama would have been required to go to the then current immigration procedures to regain his U.S. citizenship. There is no record of him ever doing that. Even if he had done so, he would be considered a naturalized citizen and not a â€œnatural bornâ€ citizen.
82. Additionally, assuming Senator Obama was born in what is now Kenya, at the time of Senator Obamaâ€™s birth in 1961, (now) Kenya was the British Protectorate of Zanzibar and Senator Obama was automatically accorded a form of British citizenship under Section 32(1) of the British Nationality Act of 1948, effective date January 28, 1949, based on his fatherâ€™s citizenship.
83. Finally, in 1981, Senator Obama traveled to Pakistan, when there was a ban for U.S. citizens to travel to Pakistan. The only logical possibility for him to do so was by using one of his other passports: Indonesian, Kenyan, or British.
84. Based on all of the above, it is the duty of the SOS to obtain proper documentation of Senator Obamaâ€™s citizenship to confirm his eligibility for the office of the President of the United States.
If Keyes, Berg, et. al. are correct in their suspicions, it appears that Americans will have inadvertently elected Joseph Biden president.