Obama birth certificate lawsuits

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Obama birth certificate lawsuits are efforts to use both the state and federal courts in order to challenge the constitutional eligibility of Barack Hussein Obama to hold office by questioning his status as a "natural-born citizen". As of today, nearly all court cases have resulted in dismissal.



During the Democratic primaries, supporters of the Hillary Clinton campaign pointed out that there were issues with the validity of Barack Obama's Hawaiian birth certificate, claiming that it was a fake and that Obama was therefore ineligible to run for the presidency.[1] After initially refusing to produce a birth certificate in response to these rumors, the Obama campaign eventually endorsed a document posted on the Daily Kos as authentic.[2] The response is split regarding the birth certificate. Some commentators, such as those at the National Review, are satisfied with the document;[3] however, other analysts claim that the birth certificate is a fake.[4]

On August 21, 2008, Factcheck.org published an article concerning the controversy.[5] According to the article, "FactCheck.org staffers have now seen, touched, examined and photographed the original birth certificate. We conclude that it meets all of the requirements from the State Department for proving U.S. citizenship." In addition, the site posted high-resolution photographs of the birth certificate, which clearly showed the raised seal, stamp of Hawaii state registrar Alvin T. Onaka, and certificate number. The birth date corresponds to a birth announcement published in the Honolulu Advertiser on Sunday, August 13, 1961.[6]

A Philadelphia attorney, Phillip Berg, has filed a lawsuit against the DNC and Barack Obama. Berg maintains that President Obama is not a natural born U.S. citizen or that, if he ever was, he lost his citizenship when he was adopted in Indonesia. Berg also cites what he calls "dual loyalties" due to his citizenship and ties with Kenya and Indonesia. The "dual loyalties" which have not been shown to exist do not violate any constitutional or legal precedents and would make Obama a poor choice for President, but would not have affected his eligibility.

The official Obama campaign website, "Fight The Smears", has confirmed that Obama was a Kenyan citizen until 1982. Berg's lawsuit was challenged by the Obama campaign. Instead of producing the original birth certificate in court and paying a number of legal fees and taking several days out of the candidate's busy campaigning schedule the Obama campaign had the case dropped on the grounds that it lacked any supporting evidence.[7] The fact that Mr. Berg's two arguments were mutually contradictory may also have contributed.

The state of Hawaii announced that the "Certification of Live Birth" document is legitimate and official. Since the state of Hawaii is the issuing body, they have ultimate authority with regards to the matter.[8] Critics rightfully point out such documents actually were issued for children not born in the state.

Adding fuel to the fire is Obama's persistent refusal to release documents that could provide answers. While his supporters cite an online version of a "Certification of Live Birth" from Hawaii.[9]

Bob Schultz with the We The People Foundation said:

"In the end, there is no practical reason why Obama refuses to produce his original birth certificate. He... has a duty to provide evidence that he meets the explicit requirements established by the Constitution."

Nancy Salvato with BasicsProject.org perhaps put it best:

"What perturbs the rest of us is that President Obama has failed to produce a legitimate birth certificate. He has a team of lawyers who are opposing the examination of his sealed records in Hawaii. What he produced was a certificate of live birth... not a birth certificate. The rest of us are appalled at the lack of media examination surrounding the fact that there is no law requiring that a candidate for the highest office in our land produce an authentic birth certificate which proves natural citizenship."


The political action committee 'Obama for America' paid $1,066,691.90 to the Perkins Coie law firm between Oct. 16, 2008 and March 30, 2009, to fight every request to release Obama's original birth records.[10] Partial listing of cases courtesy of WND.com [1]

  • New Jersey attorney Mario Apuzzo has filed a case on behalf of Charles Kerchner and others alleging Congress did not properly ascertain that Obama is qualified to hold the office of President.
  • Pennsylvania Democrat Philip Berg has three cases pending, including Berg vs. Obama in the 3rd U.S. Circuit Court of Appeals, a separate Berg vs. Obama which is under seal at the U.S. District Court level and Hollister vs. Soetoro a/k/a Obama, brought on behalf of a retired military member who could be facing recall to active duty by Obama.[11]
  • Leo Donofrio of New Jersey filed a lawsuit claiming that Obama's dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.
  • Cort Wrotnowski filed suit against Connecticut's Secretary of State, making a similar argument to Donofrio's. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.
  • Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public's support.
  • Chicago attorney Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama's vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.
  • Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama's eligibility could be confirmed, alleging doubt about Obama's citizenship. His case was denied.
  • In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.[12]
  • Also in Ohio, there was the Greenberg v. Brunner case which ended when the judge threatened to assess all case costs against the plaintiff.[13]
  • In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama's citizenship. The case was denied.
  • In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama's birth certificate. His request for an injunction against Georgia's secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.
  • California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters.[14]
  • In addition, other cases cited on the RightSideofLife blog as raising questions about Obama's eligibility:
  • In Texas, Darrel Hunter vs. Obama later was dismissed.
  • In Ohio, Gordon Stamper vs. U.S. later was dismissed.[15]
  • In Texas, Brockhausen vs. Andrade, the then secretary of state Hope Andrade.
  • In Washington, L. Charles Cohen vs. Obama.
  • In Hawaii, Keyes vs. Lingle, dismissed.[16]

Birth Certificate Jokes by the Obama Administration

It is a funny matter to comply with the Constitution, so the administration thinks. They insist on dodging the truth by joking about Obama's birth records.

Robert Gibbs

"Are you looking for the president's birth certificate?" he asked incredulously. "Lester, this question in many ways continues to astound me. The state of Hawaii provided a copy with the seal of the president's birth. I know there are apparently at least 400,000 people – (laughter) – that continue to doubt the existence of and the certification by the state of Hawaii of the president's birth there, but it's on the Internet because we put it on the Internet for each of those 400,000 to download. I certainly hope by the fourth year of our administration that we'll have dealt with this burgeoning birth controversy." [17]

Joe Biden

"You know, I never realized just how much power Dick Cheney had until my first day on the job. I walked into my office, and you know how the outgoing president always leaves the incoming president a note in his desk?" he asked rhetorically. "I opened my drawer and Dick Cheney had left me Barack Obama’s birth certificate." [18]

Dismissal of Lawsuit with Threat of Sanctions

On March 5, 2009, a federal judge appointed by Bill Clinton threw out a lawsuit questioning President Barack Obama's citizenship, lambasting the case as a waste of the court's time. Obama's attorney, Bob Bauer, successfully argued against further looking it to the matter with a dismissal. U.S. District Judge James Robertson said "This case, if it were allowed to proceed, would deserve mention in one of those books that seek to prove that the law is foolish or that America has too many lawyers with not enough to do." [19] In addition, the judge said "the president of the United States had been properly vetted."

Annenberg FactCheck

FactCheck calls itself a non-partisan watchdog, yet it is the same Annenberg organization Obama and Ayers worked with. Plus, Senator Obama steered earmarks to Annenberg's foundation. These are the same people that were granted access to Obama's birth records. California lawyer Dr. Orly Taitz Esq. of Defend Our Freedoms Foundation suggests the records from "Annenberg FactCheck" be subpoenaed "as to how did they claim to have examined Obama's birth certificate and found it valid. Neither the state of Hawaii, nor Obama has ever released such birth certificate and there is no evidence of Obama being born in any hospital in Hawaii."

Nonexistent Media Coverage

The issue has been the subject of scant reporting so far. For example, the AP mocked the request, writing: "In an argument popular on the Internet and taken seriously practically nowhere else." [19]

State of Hawaii

The Republican governor of Hawaii, Linda Lingle refuses to allow anyone to see Obama's birth records. Mysteriously, her state laws are trumping the Constitution, as she hides behind the following, “the spouse or parent of the registrant, a descendant of the registrant, a person having a common ancestor with the registrant, a legal guardian of the registrant, or a person or agency acting on behalf of the registrant." [20] This raises the question of how DailyKos and FactCheck got access.

Campaigns For Public Release

  • WND Petition seeking Barack Hussein Obama's birth certificate
  • Rewardforobamasbirthcertificate.com Reward of $25 million to anyone that can produce Obama's “real” long-form birth certificate
  • Obama birth certificate billboards Nationwide campaign of billboard ads asking 'where's the birth certificate'. As of June 2009, five roadside billboards now carry the message, four of those by WorldNewsDaily.[21]

Obama Lawyer's Letter

Letter to attorneys demanding withdrawal from the birth certificate lawsuit or face sanctions, "Should you decline to withdraw this frivolous appeal, please be informed that we intend to pursue sanctions, including costs, expenses and attorneys' fees..." [22]


See also


  1. http://campaignspot.nationalreview.com/post/?q=ZTgxZmIwNTg0OWVhMWJkODNmZjI4ZjY4Mjg2OWRmNzI=
  2. Obama's Birth Certificate
  3. http://campaignspot.nationalreview.com/post/?q=NWVjN2I1MjlhM2ZjZjRjYzBkODAxZjZkZGQyYWNkMDk=
  4. http://web.israelinsider.com/Articles/Politics/12939.htm
  5. Born in the U.S.A.
  6. http://texasdarlin.wordpress.com/2008/07/23/obama-was-born-in-hawaii-wrong-can-of-worms/
  7. http://neighbors.denverpost.com/viewtopic.php?t=10815605
  8. http://www.honoluluadvertiser.com/article/20081031/BREAKING01/81031064/0/BREAKING04
  9. Justice, Supremes confirm getting eligibility challenge WND, March 24, 2009
  10. $25 million reward offered for Obama’s birth certificate Sonora News, April 29th, 2009
  11. Article Discussion: Obama citizenship suit tossed Denver Post, October 25th, 200
  12. Hearing Thursday in lawsuit doubting Obama's birthplace Israel Insider, October 28, 2008
  13. Carol Greenberg v. SOS Jennifer Brunner - Dismissed America Must Know
  14. Lightfoot v. Bowen Right Side of life
  15. Eligibility Case Archive Right Side of Life
  16. Keyes v. Lingle: Case Dismissed USLaw.com
  17. Obama mouthpiece laughs off birth certificate request WND, May 27, 2009
  18. Biden jokes about Obama's birth certificate at dinner WND, March 22, 2009
  19. 19.0 19.1 Judge Blasts Cases Doubting Obama's Citizenship AP, March 5, 2009
  20. Film to Be Made in Hawaii of Obama's Birth Digital Journal, March 7, 2009
  21. Grassroots sign onto eligibility billboard campaign WND, June 12, 2009
  22. 'Twittered' eligibility case lawyer faces threat of sanctions Worldnetdaily, April 10, 2009

External links