Normally I would have waited until tomorrow, but today was such an interesting one I thought I'd go ahead and post it now.
The first is a new Congressional Research Service report that does a very good job at slicing, dicing, and making julianne fries of many birtherstani legal "arguments". Including pinning the de Vattelists to a wall. It's unlikely they'll do anything but ignore it, but it should give some ammo to judges, Secretaries of States, and ballot board officials in shooting down some birther nonsense.
We have video of Holy Cao in the wild. New Hampshire once again tells Dr. Orly "No", though her next stop seems to be Georgia and Hawaii. We have a new birther lawsuit by someone who claims not to be a birther, but seems to be well acquainted with their nonsense.
And Lawrence Sellin comes up with a brave new idea - to spam New Hampshire elected officials!
14 November - And Congressional Research Service releases a new report that will be ignored and vilified by the birthers.
(Scribd link here)
"The term “natural born” citizen is not defined in the Constitution, and there is no discussion of the term evident in the notes of the Federal Convention of 1787. The use of the phrase in the Constitution may have derived from a suggestion in a letter from John Jay to George Washington during the Convention expressing concern about having the office of Commander-in Chief “devolve on, any but a natural born Citizen,” as there were fears at that time about wealthy European aristocracy or royalty coming to America, gaining citizenship, and then buying and scheming their way to the presidency without long-standing loyalty to the nation. At the time of independence, and at the time of the framing of the Constitution, the term “natural born” with respect to citizenship was in use for many years in the American colonies, and then in the states, from British common law and legal usage. Under the common law principle of jus soli (law of the soil), persons born on English soil, even of two alien parents, were “natural born” subjects and, as noted by the Supreme Court, this “same rule” was applicable in the American colonies and “in the United States afterwards, and continued to prevail under the Constitution …” with respect to citizens. In textual constitutional analysis, it is understood that terms used but not defined in the document must, as explained by the Supreme Court, “be read in light of British common law” since the Constitution is “framed in the language of the English common law.”
That screaming sound you hear is the de Vattelists going "BURN THE HERETIC!!! BURN HIM WE SAY!!!
"In addition to historical and textual analysis, numerous holdings and references in federal (and state) cases for more than a century have clearly indicated that those born in the United States and subject to its jurisdiction (i.e., not born to foreign diplomats or occupying military forces), even to alien parents, are citizens “at birth” or “by birth,” and are “natural born,” as opposed to naturalized,” U.S. citizens. There is no provision in the Constitution and no controlling American case law to support a contention that the citizenship of one’s parents governs the eligibility of a native born U.S. citizen to be President."
Oh, since when has historical or textual analysis meant anything to a birther?? Why let facts or the truth get in the way of their anti-Obama jihad??
"It may be noted that some have argued that the relevant common meaning of natural born citizen that was prevalent in 18th century America should not be the one that was actually applicable in the American colonies during that time from British statutory and common law, and which was adopted specifically by the states after independence in 1776 (and which, as noted by Justice Story, formed the “foundation” for American jurisprudence), but rather should be recognized as one derived from what has been described as a “philosophical treatise” on the law of nations by a Swiss legal philosopher in the mid-1700s. This particular treatise, however, in the editions available at the time of the drafting of the U.S. Constitution, did not actually use, either in the original French or in English interpretations at that time, the specific term “natural born citizens.” It was not until after the adoption of the Constitution in the United States did a translator interpret the French in Emmerich de Vattel’s Law of Nations to include, in English, the term “natural born citizens” for the first time, and thus that particular interpretation and creative translation of the French, to which the Vattel enthusiasts cite, could not possibly have influenced the framing of the Constitution in 1787."
Which is something that many of us have been trying to point out to the de Vattelists for several years now.
"Furthermore, and on a more basic level, the influence of the work of Vattel on the framers in employing the term “natural born” in relation to domestic citizenship within the Constitution is highly speculative at best, is without any direct historical evidence, and is contrary to the mainstream principles of constitutional interpretation and analysis within American jurisprudence. Although it appears that there is one single reference by one delegate at the Federal Convention of 1787 to Vattel (in reference to several works of different authors to support an argument for equal voting representation of the states in the proposed Congress), there is no other reference to the work in the entire notes of any of the framers published on the proceedings of the Federal Convention of 1787, and specifically there is no reference or discussion of the work at all in relation to citizenship at the Convention, in the Federalist Papers, or in any of the state ratifying conventions.
Well, that's gonna stick sideways in the craw of the de Vattelists.
Oh, right, they'll ignore that too.
"It would appear to be somewhat fanciful to contend that in employing terms in the U.S. Constitution the framers would disregard the specific and express meaning of those precise terms in British common law, the law in the American colonies, and subsequently in all of the states in the United States after independence, in favor of secretly using, without comment or explanation, a contrary, non-existent English translation of a phrase in a French-language treatise on international law."
Which doesn't stop the birthers from believing that fantasy with all the faith in their hate-filled little hearts.
"It should be noted that both documents from the State of Hawaii, that is, the so-called “short form” Certification of Live Birth [the “COLB”], or the certified copy of the longer form certificate of live birth, according to the official declarations of officers of the State of Hawaii, have been officially certified by the state, and are therefore “self-authenticated documents” under Federal Rules of Evidence, as well as “public records” of that state. Under the United States Constitution, a public record of a state is required to be given “full faith and credit” by all other states in the country. Even if a state were to require its election officials for the first time ever to receive a “birth certificate” as a requirement for a federal candidate’s ballot placement, a document certified by another state, such as a “short form” birth certificate, or the certified long form, would be required to be accepted by all states under the “full faith and credit” clause of the United States Constitution.
Something these birther "Constitutionalists" can't seem to recognize or grasp or even understand.
"Although the Supreme Court has never had to address the issue of “natural born” citizenship directly in the context of a challenge to the eligibility of one to be President, the federal courts have discussed the concept on numerous occasions for more than 200 years and have, other than in the Dred Scott decision, consistently relied upon the place of birth, without regard or reference to the status of one’s parents, as the determining factor of natural born citizenship."
And yet you see birthers routinely CITING the Dred Scott decision……gee I wonder why….
14 November - Tracy Dorcey aka "KenyanBornObamaAcorn" does a video of the Israeli-flag drapped, shofar-blowing religious "patriot" Theresa Cao cavorting around on 11 November 2011
Looks like Holy Cao has a big copy of Lucas Smith's fake "Kenyan" birth certificate. And wow, she is massively in her manic phase right now. I suspect Cao needs her meds adjusted. Again.
28 November - The New Hampshire Ballot Law Commission asks Dr. Orly "what part of 'no' did you not understand??"
"For a second time this month, the state Ballot Law Commission on Monday rejected a complaint that challenges whether President Obama’s name should appear on the Democratic Party primary ballot.
On Nov. 18, the five-member Commission rejected a complaint filed by California dentist and attorney Orly Taitz, a leader of the birther movement.
Four days later, Pamela Barnett asked for a reconsideration. The request claimed that a reconsideration by the Commission was a precondition for appeal to the New Hampshire Supreme Court.
But Manchester lawyer Brad Cook, the chairman of the Commission, wrote that state law specifies that the decision of the Commission is final when it comes to declarations of candidacy and nomination papers.
Cook said the request for reconsideration included no new issues of fact or law. The Commission also rejected it because the premise of court review is contrary to the will of the Legislature, Cook wrote."
28 November - And it looks like Dr. Orly's next stop on her ballot jihad is Georgia!
"The office of the Secretary of State of Georgia has accepted a filed complaint challenging the placement of Barack Obama's name on the state's primary ballot of March 6, 2011, as the Democratic Party of Georgia's presidential nominee. Secretary of State, Brian P. Kemp assigned the case to the Administrative Court for a hearing in December.
David Farrar, a resident of Cedartown, Georgia, has challenged the accuracy of Obama's two birth certificates, as well as his Article ll "natural born" Citizenship status. Pre-hearing pleadings are due into the office of Administrative Court Judge, Michael M. Malihi, no later than Dec. 1, 2011.
Dr. Orly Taitz Esq. has signed onto the case as lead counsel."
Well, last time Dr. Orly played in Georgia, she got $20,000 worth of smackdown. Pity all she'll be told is "no" again.
28 November - Right Wing Watch comments on Dr. Orly's New Hampshire trip. Complete with video.
"In a mostly overlooked episode earlier this month, the so-called “Birther Queen” Orly Taitz appeared before the New Hampshire Ballot Law Commission to call for the removal of President Obama from the state’s presidential ballot. Taitz, the Soviet-born lawyer-dentist-real estate agent, has been on a multi-year mission to prove Obama is secretly Kenyan, and no amount of evidence will dissuade her. But she’s not alone – nine members of the NH state house signed on to her complaint.
It came as no surprise to see Taitz embarrassing herself in yet another venue, but I found it remarkable that there are still elected officials willing to lend their names to her effort. Then I watched the video of Taitz’s presentation and the angry antics of the state representatives supporting her, and it made more sense – they’re no better than Taitz."
What's particularly telling in the video is just how nasty Susan DeLemus gets towards Assistant Attorney General Matt Mavrogeorge. All while wearing this big ol' cross around her neck.
Who would Jesus berate?
28 November - Oh look. Another birther lawsuit.
"A local man is asking a United States federal court to help him gain access to information related to the citizenship history of President Barack Obama.
Berryville resident, George Archibald has petitioned the United States District Court for the District of Columbia to compel the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI) and former White House Counsel Robert Bauer to produce documents that Archibald says may provide new insight into whether the President’s mother forfeited his US citizenship when Obama was just six-years-old."
*Faceplant* What part of "Under US law, a minor cannot renounce US citizenship or have it renounced by the parents" do they not get?
Oh, right, the part that says "Wahhh! There's a scary black man in the WHITE house!!!!"
“I’m not a ‘birther,’’’ Archibald said after filing his lawsuit. “I’m simply interested in getting to the bottom of what appears to be stone-walling by the administration against my Freedom of Information request.”
You're not a birther, you just repeat their lies and debunked claims.
"Archibald believes that after Obama’s mother, Stanley Ann Dunham Soetoro, arrived in Djakarta with her young son in 1967, who he says was adopted by stepfather Lolo Soetoro, Barry Obama maintained permanent residency and schooling in Indonesia until 1971 before returning to Honolulu in 1979 to live with his maternal grandparents where he attended high school and later graduated. Archibald contends that Indonesian authorities would have required the young Obama to naturalize in order to remain in the country and attend school.
“The fact that your mother, Stanley Ann Dunham Soetoro, took you [Barach Obama] to live in Indonesia in 1967, at age six, after she had divorced your father and married Indonesian national Lolo Soetoro – where after arrival at Djakarta you both were temporarily refused admission by Indonesian authorities, who balked at your dual U.S.-Kenya nationality,” Archibald said in an open letter to Obama asking the President to release the information requested in the lawsuit.
“Your mother responded upon requirement of the Djakarta government authorities by having you legally adopted as a minor child by your Indonesian citizen stepfather Lolo Soetoro; your adoptive name was changed to Barry Soetoro; your claim to U.S. nationality was renounced; and you were legally naturalized as an Indonesian citizen,” the letter continues."
Yeah, he's a birther alright.
And in comments:
"Sarge
Tuesday November 29, 2011 - 10:55 am
Unfortunately, the exemptions that are in place are such that this stuff will never be released until Obama dies. Only then will we know that we had a Kenyan running things for four years"
Just a hint of racism there.
29 November - And the former chairperson for the New Hampshire Democratic party asks why on earth the GOP leadership in that state can't seem to rein in their birthers?
"Orly Taitz is one, maybe even two, beers short of a six pack"
She's missing an entire brewery.
"There was no shortage of Republican state legislators willing to join her: Al Baldasaro, who as a committee chairman is a member of House Speaker Bill O'Brien's leadership team, Harry Accornero, Laurence Rappaport, Carol and Lucien Vita, Susan DeLemus, Laurie Pettengill, Moe Villaneuve and William Tobin. As embarrassing as it was to have that many state representatives sign onto a crazy conspiracy theory, it was about to get worse, and in an ugly way.
During a break in the BLC proceedings, Rep. DeLemus began berating an assistant attorney general advising the BLC. She then led an angry group following him down a corridor. In a memo, the assistant attorney general described how he and an assistant secretary of state locked themselves in an office to get away from the mini-mob, including state representatives, because he feared for their safety. While they were in the locked office calling for assistance from a cell phone, people pounded on the door, shouting. "
Don't you just love the birtherstani viewpoint on civil political discourse?
"Attorney General Mike Delaney took a strong stand, however, and sent a letter to the State Police asking for an investigation, writing that “No state employee should find himself in this situation.” Unlike O'Brien and Bettencourt, Delaney recognized that threats and a near riot are not acceptable, even if some participants are state legislators. Gov. Lynch's spokesman called the conduct disgraceful, saying “A line has been crossed in terms of civility and decorum that cannot be tolerated.”
It was only after Delaney's request for an investigation and a discussion with Delaney that O'Brien cancelled his meeting with the state representatives. He also asked State House security to conduct their own investigation. However, Bettencourt's initial attempt to deflect attention to Taitz, O'Brien's initial agreement to meet with the representatives to hear their complaints about the BLC, and leadership's continued failure to say one word publicly admonishing Accornero, DeLemus or the others raises the suspicion that but for Delaney's intervention and growing negative press attention, the near riot would have been shrugged off."
Well, yes, yes it would have been.
29 November - Wonkette comments on the New Hampshire elected birthers.
"Here we have always assumed that Orly Taitz was some kind of comic relief goober invented by the universe to break up droll news cycles, but apparently some people still somehow take her seriously! Not real people of course, just a screamy handful of Republican state legislators in New Hampshire, this time, who got so red-faced worked up hollering angry old people words like “TREASON” over and over during a recent/inexplicable public hearing of her aging, withered fantasies that they managed to scare members of the state’s election commission into locking themselves into a room after they unanimously refused to remove Barack Obama’s name from the ballot. "
29 November - Salon reports on Dr. Orly's New Hampshire trip.
"The tired ravings of conspiracy theorists wouldn’t be worth noting at this point but for the fact that an element within the Republican Party continues to unashamedly embrace the Birthers.
The latest flare-up was at a New Hampshire Ballot Law Commission hearing this month, during which dentist/perennial Birther litigant Orly Taitz demanded that Obama be removed from the state’s presidential ballot.
She got support from state Rep. Harry Accornero, a Republican from Laconia, and a former GOP state representative, Dick Marple.
When the commission voted unanimously to keep Obama’s name on the ballot, another Republican state representative, Susan DeLemus, angrily told the Concord Monitor, “Let’s just bury the Constitution now and have a funeral. It just makes me want to throw up.”
29 November - Looks like Dr. Orly is also taking her ballot jihad to Hawaii, according to the draft on her house o' malware. (Malware and redirect warning)
"Joint petition by Attorney Dr. Orly Taitz, Mr. Ron Wong, resident of Honolulu, Hawaii, as well as State Representative of the State of New Hampshire, Larry Rappaport"
Because a representative from New Hampshire has SO much pull in the State of Hawaii.
"Petitioners demand a public hearing seeking modification of elections rules in order to close an existing loophole, which allows an ineligible candidate to put his name on the ballot as a candidate for the U.S. President in violation of the Naural Born Citizen provision. Petitioners are seeking to add a procedure allowing members of the public and U.S. voters to inspect identification records and eligibility records of the presidential and vice presidential candidates, in order to uphold and protect citizens inalienable civil and human right to lawful elections, free of fraud and forgery."
Wouldn't this require a change in state law?? In which case, wouldn't it be up to the legislature of the State of Hawaii to make these changes??
"Exhibit 10(b) shows Barack Obama’s school registration in Indonesia, provided by the Associated Press and acknowledged by Mr. Obama. It lists him using his step father’s last name Soetoro. It is common in South East Asia: Indonesia and India, to blend names together, which might explain Soebarkah, as a blend of Obama’s last name by his step father, indonesian citizen Lolo Soetoro, and his first name Barack, to create a moniker, a blended name Soebarkah.
There is no record of Mr. Obama ever legally changing his name from Soetoro or Soebarkah to Obama. As such he cannot be on the ballot without ascertaining his legal name. One cannot run for the U.S. President under a name, which is not legally his. Until this recent release of Mr. Obama’s mother’s passport records, the name Soebarkah was not known and was not brought forward during the 2008 campaign.
Additionally, in his school registration records, his citizenship is listed as Indonesian, as such, as a foreign national, he cannot be the US President."
Does Philip Berg know you're using his study hall notes again??? Because this is usually his long-since debunked claim.
"Taitz filed multiple legal challenges to obtain access to and inspection of the records in question, however Director of Health Loretta Fuddy and Registrar Onaka, as well the court system in HI are being complicit in the cover up of this forgery and elections fraud and refusing to allow inspection of the original birth certificate allegedly on file in liue of the alleged copy"
Because the elections board will enjoy the fact you accused the court system in the State of Hawaii of conspiracy and treason. For that matter, I'm sure the COURT SYSTEM for that state might want to take note. Don't you have a hearing there shortly???
"5. Taitz was a delegate at the Continental Congress Convention in 2009, where she had a discussion on the matter of Barack Obama’s fraudulent use of the aforementioned Connecticut Social Security number"
Yes, I'm sure they'll take note of a meaningless "Continental Congress Convention" organized by a tax defauder.
"5. Taitz received an affidavit from a witness Linda Jordan, who ran a E-Verify check for the above Social Security number (redacted). According to E-Verify, there is no match between Obama’s name and the Social security he used in his tax returns and his Selective service application."
You mean the e-verify system Jordan used illegally??
"6. Taitz received an e-mail from a US Army officer, Colonel Gregory Hollister, whereby he did an independent check and found, that indeed Obama is using this Connecticut number (redacted). He also, contacted SSNVS (Social Security Number Verification Systems) and found that the number Obama is using was never assigned to him. "
One, Hollister is retired from the US Air Force, not Army.
Two, Hollister accessed that system illegally AND illegally changed Obama's address to his own.
"11. Additionally, many believe, that “Natural Born Citizen,” as it is applied to the U.S. Presidency, means one born in the country regardless of citizenship of the parents."
That is what US law and 200+ years of court cases and rulings have stated, yes.
29 November - From his home in Helsinki, Finland, Lawrence Sellin plays the "war veteran" card to harass New Hampshire some more.
"Joining campaigns in Iowa, Georgia and South Carolina to challenge Barack Obama’s being on the 2012 ballot, COL® Lawrence Sellin, columnist for The Post & Email and earlier for Canada Free Press, has commenced a campaign to contact members of the New Hampshire Legislature to deny Obama’s name being added to the ballot because he is not a “Natural Born Citizen” as required by the Article II, Section I, Clause 5 of the U.S. Constitution (U.S. citizen, born to two U.S. citizen parents)."
"Formerly" of Canada Free Press?? Did Sellin get too crazy and sedition filled even for them??
And remember, up until his "power point" breakdown, he was appearing in Associated Press articles. My how the mighty have fallen.
"Sellin has enlisted a group of hundreds of American patriots and military veterans who are sending emails to the N.H. Legislature. "
So by applying birther math, he's got a few dozen hate-filled malcontents.
And sending emails?? Really?? Is that the best they can do?? Then again, it will give more whiney letters for the Pest and eFail to publish.
29 November - And we have the initial complaint in Archibald v DOJ.
(Scribd link here)
"B. Archibald's FOIA request specified the following, which Hardy did not search, itemize with a Vaughn index as required, and produce to the Plaintiff:
(1) Any and all FBI files on the birth and location of birth of Barack Hussein Obama Jr. (in his name or his childhood name Barry Soetoro);
(2) Obama Jr.'s immigration to the United States (in his name or that of Barry Soetoro), as an infant, with his mother Stanley Ann Dunham;
(3) Obama J r. 's immigration (in his name or that of Barry Soetoro) to Indonesia at age six and forfeiture of his U.S. citizenship in order for him to become an Indonesian citizen as required by Indonesian authorities that did not recognize dual citizenship and be legally adopted by his stepfather Lolo Soetoro;
(4) Obama Jr.'s naturalization to U.S. citizenship (in his name or that of Barry Soetoro) at the time Obama aka Soetoro was an Indonesian citizen;
(5) Obama Jr.' s trip to Pakistan as a college student (in his name or as Barry Soetoro) when travel by American citizens was banned to Pakistan;
(6) the use by Obama Jr. (in his name or in his adopted name Barry Soetoro) of multiple Social Security cards that were not his own or were fake Social Security cards.
For someone who claims not to be a birther, he's certainly bringing up an awful lot of birther memes. Indonesian citizenship myth, check. Fake social security number myth, check. Pakistan travel ban myth, check.
We also have attachments 1 though 6 (Scribd link here), which contains yet another birther myth.
"The public claim of your own paternal step-grandmother Sarah Onyango Obama, third wife of your paternal grandfather Habiba Akumu Obama, who publicly stated in a globally televised interview that she witnessed your birth in Nyanza Province, Kenya, West Africa, in August 1960 --- contradicting your claim and purported documentation that you were born on American territorial soil in Honolulu, Hawaii"
Well, it wasn't a "globally televised interview", but rather an interview with a birther-friendly evangelist. And even then she stated quite clearly that President Obama was born in Hawaii, clearly enough that Berg had to use a creatively edited version in his filings.
For someone who likes to repeatedly claim in his documentation that he's a "career four-time Pulitzer Prize-nominated investigative national and world news reporter, whose career record during the past half-century has been one of beneficial reportage in the public interest as journalist and hook author", he's really piss-poor at checking his facts or information.
Peanuts are OK, but cashews is where it is at.
Orly from the Land of the Fruits and Nuts.
Posted by: SueDB | November 29, 2011 at 07:51 PM
I would very much appreciate if you pointed out not only that birfoons accessed the e-verify system illegally but that any anomalies and flaggings there were the exact result of birfoons using the system (and the selective service registration) fraudulently.
Posted by: Joe Acerbic | November 29, 2011 at 10:05 PM
I second what Joe Acerbic says- birthers claim "Why should it matter that the records were checked illegally if it uncovers a Presidential crime? Which crime is worse?"
It should be pointed out that the info they have was misinterpreted and their conclusions are inaccurate. The illegal access is just the frosting on birther's stupidity cake.
Posted by: obsolete | November 30, 2011 at 01:28 AM
> There is no record of Mr. Obama ever legally changing his name from [...] Soebarkah to Obama.
I really wonder why they are wasting so much effort on an alleged name which they got from a *striked-through* part of a document and which appears nowhere else.
> but that any anomalies and flaggings there were the exact result of birfoons using the system (and the selective service registration) fraudulently
Not just that; but also that the birfer claim that e-Verify says it's not his SSN is also false. E-Verify only says "there's a flag set", but does *not* check the boxes for "never issued" or "mismatch", basically the only results that would've pointed to identity fraud.
Posted by: The Magic M | November 30, 2011 at 02:01 AM