Natural Born Citizen – A Place to Ask Questions and Get the Right Answers

April 30, 2010

Atty Apuzzo and CDR Kerchner on Jeff Kuhner Show in Wash DC – Friday, 30 Apr 2010 @ 1 PM EST

Atty Mario Apuzzo and CDR Kerchner were guests on the Jeff Kuhner Show on WTNT 570 in Washington DC hosted by Jeff Kuhner on Friday, 30 April 2010, at 1:00 p.m. EST.

Direct link to WTNT 570 in Washington DC:
http://www.talk570.com/index.php

Link to podcast of the show: http://www.kerchner.com/protectourliberty/jeffkuhnershow20100430.wav

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, see this site and help the cause: http://www.protectourliberty.org

P.S. Why concerned Americans have good reasons to doubt whether Obama was born in Hawaii:
http://puzo1.blogspot.com/2010/04/concerned-americans-have-good-reason-to.html
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April 27, 2010

Benjamin Franklin in 1775 thanks Charles Dumas of the Netherlands for sending him 3 more copies of the newest edition of Vattel’s Law of Nations

Another founder of our nation and framer of our Constitution, Benjamin Franklin, was also quite familiar and well versed with the writings of Vattel as early as 1775 when he wrote to Charles Dumas in the Netherlands and thanked him for sending Franklin 3 copies of the newest edition of Vattel (in French). Franklin commented to Dumas that his personal copy was in heavy demand by the other delegates to the Continental Congress meeting in 1775. Dumas had recently edited and published a new addition of Vattel (in the original French) in the Netherlands. Franklin and most of the founders were fluent in French which was the diplomatic language of that time. Dumas also made comments in his writings to Franklin about Vattel’s enlightened writings and vision for a new form of government for a nation where the people were sovereign and the unique opportunity for its application to the affairs in America in the colonies splitting from Great Britain. The words found in our Declaration of Independence mentioning the “Laws of Nature” and the phrase mentioning unalienable rights such as “life, liberty, and pursuit of happiness” are right out of Volume 1 of Vattel. As are the words of seeking a more perfect union in the Preamble of our Constitution were also inspired by the teachings and writings of Vattel. Thus it is quite evident that the founders read and used Vattel extensively. Here is a reprint of the letter from Franklin to Dumas thanking him for sending the books.

Benjamin Franklin to: Charles William Frederic Dumas

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Dear Sir,
Philadelphia, 9 December, 1775.

I received your several favors, of May 18th, June 30th, and July 8th, by Messrs. Vaillant and Pochard;(1) whom if I could serve upon your recommendation, it would give me great pleasure. Their total want of English is at present an obstruction to their getting any employment among us; but I hope they will soon obtain some knowledge of it. This is a good country for artificers or farmers; but gentlemen of mere science in les belles lettres cannot so easily subsist here, there being little demand for their assistance among an industrious people, who, as yet, have not much leisure for studies of that kind.

I am much obliged by the kind present you have made us of your edition of Vattel. It came to us in good season, when the circumstances of a rising state make it necessary frequently to consult the law of nations. Accordingly that copy, which I kept, (after depositing one in our own public library here, and sending the other to the College of Massachusetts Bay, as you directed,) has been continually in the hands of the members of our Congress, now sitting, who are much pleased with your notes and preface, and have entertained a high and just esteem for their author. Your manuscript “Idee sur le Gouvernement et la Royaute” is also well relished, and may, in time, have its effect. I thank you, likewise, for the other smaller pieces, which accompanied Vattel. “Le court Expose de ce qui s’est passe entre la Cour Britannique et les Colonies,” bc. being a very concise and clear statement of facts, will be reprinted here for the use of our new friends in Canada. The translations of the proceedings of our Congress are very acceptable. I send you herewith what of them has been farther published here, together with a few newspapers, containing accounts of some of the successes Providence has favored us with. We are threatened from England with a very powerful force, to come next year against us.(2) We are making all the provision in our power here to oppose that force, and we hope we shall be able to defend ourselves. But, as the events of war are always uncertain, possibly, after another campaign, we may find it necessary to ask the aid of some foreign power.

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Source: http://etext.lib.virginia.edu/etcbin/toccer-new2?id=DelVol02.xml&images=images/modeng&data=/texts/english/modeng/parsed&tag=public&part=459&division=div1

CDR Charles Kerchner
http://puzo1.blogspot.com
http://www.protectourliberty.org
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P.S. See this prior post I made about President George Washington consulting Vattel as America’s new President in 1789:
http://puzo1.blogspot.com/2010/04/george-washington-consulted-legal.html
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April 25, 2010

Concerned Americans Have Good Reason to Doubt that Putative President Obama Was Born in Hawaii

The New York Times on April 21, 2010, did a story entitled, Obama and the ‘Birthers’ in the Latest Poll, by Dalia Sussman and Marina Stefan. http://thecaucus.blogs.nytimes.com/2010/04/21/obama-and-the-birthers-in-the-latest-poll/. The article reported that “[i]n a recent New York Times/CBS News poll, 58 percent said Mr. Obama was born in the United States. That leaves a significant minority who said they thought he was born in another country (20 percent) or said they did not know (23 percent).” Question No. 50 in the poll was: “According to the Constitution, American Presidents must be ‘natural born citizens.’ Some people say Barack Obama was NOT born in the United States, but was born in another country. Do YOU think Barack Obama was born in the United States, or was he born in another country? Born in US 58 Another country 20 DK/NA 23.” Hence, these numbers show that 43 percent do not believe that Obama was born in the United States. The New York Times article is written in such a way as to give the reader the impression that Obama has convincingly proven that he was born in Hawaii and that those who do not believe that Obama was born there are misinformed and poorly educated. What the authors of the article fail to realize or refuse to report is that concerned Americans have very good reasons to doubt that Obama was born in Hawaii.

One might wonder why so many Americans are not convinced that Obama was born in Hawaii as he claims. Let us review the evidence pro and con on his place of birth being Hawaii or Kenya.

Was Obama born in Hawaii? What is the evidence for and against?

Obama supporters provide the following evidence as proof that Obama was born in Honolulu, Hawaii and that he is therefore a born “citizen of the United States” under the Fourteenth Amendment. First, Obama must be an Article II “natural born Citizen” in order to be eligible to be President. I have written that showing that he is a Fourteenth Amendment born “citizen of the United States” without more is not sufficient to show that he is a “natural born Citizen.” Second, in any event, Obama must at least prove that he is a born “citizen of the United States” before he can prove that he is a “natural born Citizen.” The comments in parenthesis are my response to the proffered evidence:

(1) He was a State and U.S. Senator (although we do not know what type of vetting was done for those offices);

(2) Obama posted on the internet a copy of what his supporters call his “birth certificate” (although the image is only of a 2007 Certification of Live Birth [COLB] computer form, which is a computer generated and easily forged form that was posted online in 2008 which is not a true Birth Certificate and is not a typed contemporaneous birth certificate from 1961 which would have the name and signature of the delivering doctor or witnesses to the birth. No witnesses or hospitals have ever attested to Obama being born in Hawaii.);

(3) John McCain and Hillary Clinton would have told us he was not born in Hawaii during the primary and presidential campaigns (although they might have had political and racial reasons for not doing so);

(4) The media would have discovered his not being born in Honolulu (although the media was afraid to properly vet Obama because of not wanting to be labeled racist);

(5) The FBI, CIA, and other security agencies would tell us if he was not born in Hawaii (although we do not know if they can legally even raise the question and who among them would);

(6) The Electoral College elected him President (although electors under most state statutes are beholden to their political party);

(7) A majority of Americans elected him President (although many of them may not have known of the constitutional issue of or even cared about where he was born);

(8) Congress confirmed his election (although political party politics and race sensitivity could have motivated it to avoid addressing the issue);

(9) Obama is currently the sitting President (although that defacto status is not proof of where he was born);

10) No court has told us that he was not born in Honolulu (although no court has granted discovery or reached the merits of the question of where Obama was born);

(11) Obama has traveled internationally allegedly on a U.S. passport (although he has not ever publicly produced one);

(12 The Hawaiian Department of Health has confirmed that he was born in Hawaii (although its statements are incomplete and inconclusive and they have never confirmed the online COLB computer form image is genuine); and

(13) There exists a birth announcement in two local Honolulu newspapers printed in August 1961 (but these announcements alone do not prove that Obama was born in Honolulu. See No. 20 below).

Those concerned Americans who question where Obama was born provide the following evidence as proof that Obama has not conclusively proven that he was born in Hawaii:

(1) Obama’s step-grandmother, Sarah Obama, told Bishop McRae, who was in the United States, during a telephonic interview on October 12, 2008, while she was in her home located in Alego-Kogello, Kenya, that was full of security police and people and family who were celebrating then-Senator Obama’s success story, that she was present to witness Obama’s birth in Kenya, not the United States (the English and Swahili conversation is recorded and available for listening). She was adamant about this fact not once but twice. The conversation which was placed on speaker phone was translated into English by “Kweli Shuhubia” and one of the grandmother’s grandsons who were present with the grandmother in the house. After the grandmother made the same statement twice, her grandson intervened, saying “No, No, No, He [sic] was born in the United States.” During the interview, the grandmother never changed her reply that she was present when Obama was born in Kenya. The fact that later in the same interview she changed her statement to say that Obama was born in Hawaii does not change the fact that she initially stated twice that she was present when Obama was born in Kenya. One would think that a grandmother would know whether she was present or not at the birth of her American Senator and U.S. Presidential candidate grandson;

(2) The Kenyan Ambassador to the United States, Peter N.R.O. Ogego, confirmed on November 6, 2008, during a radio interview with Detroit radio talk-show hosts Mike Clark, Trudi Daniels, and Marc Fellhauer on WRIF’s “Mike In the Morning,” that “President-Elect Obama” was born in Kenya and that his birth place was already a “well-known” attraction;

(3) Ms. Odhiambo a Member of the Kenyan Parliament said in session and recorded in the official record of the Kenyan National Assembly on 5 Nov 2008 on page 3275 that Obama was a son of the soil of their country;

(4) Several African newspapers said in 2004 that Obama was born in Kenya. Also see this more recent one in Ghana. Africa’s press knows what the American media refuses to investigate. There have also been other reports in the media that Obama was born in Kenya. A good list of these reports may be found at http://www.wnd.com/index.php?fa=PAGE.view&pageId=138293 where actual screen shots of the stories may be viewed;

(5) Obama’s wife, Michelle Obama stated in a video taped speech she made a couple years ago that Kenya is Obama’s home country. During a speech that Michelle gave to an audience of Lesbian, Gay, Bisexual, and Transgender (LGBT) delegates at the 2008 Democrat Party Convention on the topic of getting tested for HIV and in showing that Obama leads by example, Michelle Obama told them: “He has also spoken out against the stigma surrounding HIV testing, which is still plaguing so many of our communities, which you all know–a lot of that is due to homophobia. Barack has lead by example. When we took our trip to Africa and visited his home country in Kenya, he took a public HIV test for the very point of showing the folks in Kenya that there is nothing to be embarrassed about in getting tested.” “Home country” is defined as “the country in which a person was born and usually raised, regardless of the present country of residence and citizenship.” http://www.allwords.com/word-home+country.html. It is highly suspicious that Obama’s transcripts of Michelle’s speech now do not contain the reference by Michelle to Kenya being his “home country.” http://www.thepostemail.com/2010/04/03/obamas-facebook-page-omits-michelles-home-country-of-kenya-remark/. Obama’s facebook page has a transcript of her “home country” speech. The transcript omits the “home country” wording and says this instead: “He has supported full funding for the Ryan White CARE Act and has pledged to implement a national HIV/AIDS strategy to combat the continuing epidemic in the United States. He has also spoken out against the stigma surrounding HIV testing, a stigma tied all too often to homophobia. And he’s led by example: On our trip to Kenya, (omission) we both took a public HIV test.” The words “Barack’s home country” are omitted;

(6) NPR public radio archived story says Obama in Kenyan-born;

(7) No hospital in Honolulu has yet to confirm that he was born there. One would think that given that Obama is the first African-American President elected in the U.S., that his birth in any hospital would be an historic event. One would also expect the birth hospital to be boasting about the birth there and naming the wing of the hospital where Obama was allegedly born after him. Why would any such hospital not make its claim to Obama and even publicize the event to increase its exposure and marketing appeal? It is only reasonable to ask oneself why all the secrecy and mystery?;

(8) Obama and his sister stated different Honolulu hospitals at which he was allegedly born. In a November 2004 interview with the Rainbow Newsletter, Maya told reporters that her half-brother, then Sen. Barack Obama, was born on Aug. 4, 1961, at Queens Medical Center in Honolulu. Then in February 2008, Maya told reporters for the Honolulu Star-Bulletin that Obama was born at the Kapi’olani Medical Center for Women and Children which is also located in Honolulu. Obama claims he was born in Kapi’olani Medical Center;

(9) Obama has refused to give consent to Kapi’olani Medical Center for it to release minimal documents confirming he was born there as he claims;

(10) No witness with any personal information has come forward to confirm he was born in Honolulu;

(11) New Mexico Gov. Bill Richardson publicly stated during the 2008 campaign that Obama was an immigrant;

(12) Obama has refused to release to the public his education, work, and travel documents (including passports he used for international travel);

(13) Obama’s kindergarten records have allegedly disappeared;

(14) Obama’s application to the Franciscus Assisi Primary School in Indonesia states he was an Indonesian citizen;

(15) Obama has only produced for public viewing a 2008 computer image of an alleged computer generated June 6, 2007 Certification of Live Birth (COLB) which contains no independently verifiable information to corroborate his alleged birth in Honolulu as would be found on a Certificate of Live Birth (Birth Certificate). Why would Obama have asked the State of Hawaii for the COLB in 2007?  What was his need back then for the document?  FactCheck.org web site has this to say about the COLB: “The document is a “certification of birth,” also known as a short-form birth certificate. The long form is drawn up by the hospital and includes additional information such as birth weight and parents’ hometowns. The short form is printed by the state and draws from a database with fewer details. The Hawaii Department of Health’s birth record request form does not give the option to request a photocopy of your long-form birth certificate, but their short form has enough information to be acceptable to the State Department. We tried to ask the Hawaii DOH why they only offer the short form, among other questions, but they have not given a response.” FactCheck did provide an “Update,” on August 26, when they stated: “We received responses to some of our questions from the Hawaii Department of Health.” They go on to explain they did get some clarification from them to “some” of their questions. But they do not address why DOH did not answer their question as to why DOH “only offer the short form” COLB. http://www.factcheck.org/elections-2008/born_in_the_usa.html. It is unbelievable that a fact-checking organization such a FactCheck (actually a reading of their “objective” information on this issue shows that they are quite biased and prejudiced on the issue in favor of Obama) would allow such an important matter to just die with the excuse that the DOH did not provide a response to their request for information. Would any reasonable person call that responsible and thorough fact investigation? Hawaii Department of Heath has “affirmed that no paper birth certificate records were destroyed when the department moved to electronic record-keeping in 2001.” http://www.wnd.com/index.php?pageId=105347. For an explanation as to who at the FactCheck organization allegedly handled and photographed the COLB and “authenticated” the document (Jess Henig and Joe Miller) go to http://www.theobamafile.com/_eligibility/AnnenbergFactCheckers.htm;

(16) Various experts on documents and digital images state the digital image of the alleged 2007 computer generated Certification of Live Birth (COLB) placed on the internet by Obama’s campaign in 2008 and the alleged underlying document later pictured on the internet is a forgery;

(17) Obama refuses to produce a contemporaneous birth certificate created in 1961;

(18) Hawaii Health Department has publicly released incomplete and inconclusive information which Obama supporters claim shows that Obama was born in Honolulu. Anyone who is only relying on the fact that Hawaii officials do not say that Obama was born in any place other than Hawaii is missing the point which is what sufficient and credible proof exists that Obama was born in Hawaii. We do not know what evidence Hawaii is relying on to simply say that he was born in Hawaii. If the underlying root “evidence” is fraudulent, then anything Hawaii says is of no value and surely not evidence that Obama was in fact born in Hawaii. In other words, in such a case, Hawaii would be picking fruit from a poisonous tree.

Section 338-5 of the Hawaiian statute provides: “§338-5 Compulsory registration of births. Within the time prescribed by the department of health, a certificate of every birth shall be substantially completed and filed with the local agent of the department in the district in which the birth occurred, by the administrator or designated representative of the birthing facility, or physician, or midwife, or other legally authorized person in attendance at the birth; or if not so attended, by one of the parents. The birth facility shall make available to the department appropriate medical records for the purpose of monitoring compliance with the provisions of this chapter. [L 1949, c 327, §9; RL 1955, §57-8; am L Sp 1959 2d, c 1, §19; HRS §338-5; am L 1988, c 149, §1].”

Obama alleges he was born in Kapi’olani Medical Center. At no time during the ongoing public debate about whether Obama was born in Hawaii has any official from Hawaii at least informed the pubic that Obama’s alleged vital records show that his birth certificate from 1961 was “completed and filed” with the health department in Honolulu by some official of that hospital or a physician or midwife associated with that institution. If Obama was born in a hospital as he claims, we cannot reasonably believe that his birth certificate would have been completed and filed by one of his parents. Additionally, under this statute, Hawaii has the power and authority to obtain medical records from Kapi’olani Medical Center to confirm Obama’s alleged Hawaiian birth. At no time did Hawaii inform the American public that it in fact confirmed with that hospital that Obama was in fact born there which it can do under the cited statute. Hawaii has withheld this underlying evidence from the public. This withholding of evidence is a grave matter given that there exists such reasonable doubt as to whether Obama, the putative President and Commander in Chief of our military might, was in fact born in Hawaii.

We will know what the underlying evidence is about Obama’s alleged birth in Hawaii only if we can examine Obama’s contemporaneous birth certificate from 1961 which is readily available since Obama claims he was born in Kapi’olani Medical Center in 1961. That root document will tell us the name of the hospital in which he was born and the name of the doctor or midwife who delivered him. Those pieces of information are highly corroborative of the place and time of birth, for they provide a whole other dimension of contemporaneous facts that would support Hawaii’s or anybody else’s bare statement as to the place and time of Obama’s birth.

Under Section 338-5, any birth certificate has to be completed and filed by some institution (hospital) or person (doctor, midwife, or parent). This statute also shows that Hawaii has the authority to confirm any reported birth by examining medical records. While Hawaii pretends to have come clean with the American public, it did not even provide such basic information or conduct such due diligence which would at least give the public greater assurance that Obama’s birth record is genuine;

(19) In 1961 it was not very difficult for a family member to defraud the State of Hawaii by registering and claiming a child was born there when he or she was not and obtain a Hawaiian birth certificate;

(20) A newspaper birth announcement from local Honolulu newspapers was simply a confirmation that the Honolulu health department “registered” a birth as occurring there based on what someone told them. Given Hawaii’s very lax birth registration laws in 1961, without independent contemporaneous evidence and non-family member witnesses, the registration of a birth as having occurred in Hawaii does not 100% prove the birth actually occurred there. The placement of the identical birth announcements in the Star-Bulletin and Honolulu Advertiser does not prove that Obama was born in Hawaii. The only thing the ads do is confirm that someone at the time told the newspapers that Mr. and Mrs. Barack H. Obama had a son, who was born on August 4, 1961. Simply telling a third party that someone was born in a certain place and at a certain time is not conclusive evidence that the birth in fact occurred there at that time. Corroborating evidence is needed to support such a statement. For in-hospital births such as is alleged for Obama, such evidence would be naming the hospital in which the child was born and the doctor who delivered the child. The birth ads that appear in the two newspaper are identical in content, with the same format and the same chronological order. The ads do not contain the name of the baby, for it does not give the name of the “son.” The ads were not placed by the family but rather were generated by the Hawaii Health Department which would explain the format of the ads and why the same exact information appears in two separate newspapers. Finally, common sense tells us that if someone defrauded the Hawaii Health Department regarding whether Obama was born in Hawaii, the ads would be based on fraudulent information and would prove absolutely nothing. The August 13, 1961 ad in the Honolulu Sunday Advertiser announcing the Obama birth along with the August 16, 1961 ad in the Honolulu Advertiser announcing the Nordyke twins birth can be viewed at http://obamatrueandfalse.com/2010/04/16/true-1961-birth-announcements-reported-by-hawaii-bureau-of-health-statistics/. Note the heading of both of the ads says “Health Bureau Statistics” which confirms that the information was provided to the newspaper by the Hawaii Health Department and not any family member;

(21) The proffered online image of the Certification of Live Birth (COLB) put on the internet states in the lower left corner a date of “Filing” the birth registration. It does not state that the birth registration was “Accepted.” Computer generated COLBs obtained for other people registered in Hawaii have the word and date “Accepted” in that field. See these examples compared to Obama’s COLB. This implies the birth registration was never finally accepted and that additional information on the birth registration was requested by the state but never received. If the state questioned the evidence in 1961 provided by the family to register the birth as occurring in Hawaii, that is all the more reason now to investigate the birth registration method and statements provided to the Health Department by the family back in 1961. What evidence was missing such that the registration was never “Accepted;”

(22) There is no public drive to commemorate Obama’s place of birth. This is even more suspect given that so many people are questioning his place of birth. One would think that Obama’s supporters would want to make a public event out of commemorating his place of birth so that those who question his place of birth (who Obama supporters disparagingly call the “birthers”) could be put in their place once and for all;

(23) No government, political, security, or police agency or media entity has confirmed for the American people that Obama was born in Honolulu;

(24) Attorney Phil Berg has filed with a Federal Court an affidavit in which an investigator recounts how he went to the hospital in Mombasa, Kenya and was told by officials there that Obama was born in that hospital;

(25) Susan and Gretchen Nordyke (“the Nordyke twins”) were born at Kapi’olani Maternity and Gynecological Hospital Aug. 5, 1961, one day after Obama was allegedly born at the same facility on August 4, 1961. These twins produced for the public copies of their long-form birth certificates, otherwise known as a Certificate of Live Birth, issued by the Hawaii Department of Health. The Nordykes’ certificates include information missing from the short-form document that Obama published online (a Certification of Live Birth or know as a COLB), including the name of the hospital where the babies were born and the name of the attending physician that delivered them. Apart from the fact that it is clear that a long-form Certification of Live Birth actually exists for the same time when Obama was born, the twins’ birth certificates also raise an issue regarding sequential numbering of Hawaii birth certificates. One would reasonably assume that the Nordyke twins’ certificate number on their birth certificate should be higher since their birth would have occurred after Obama’s and their birth also increased the population. Susan Nordyke was born at 2:12 p.m. Hawaii time and was given No. 151 – 61 – 10637, which was filed with the Hawaii registrar Aug. 11, 1961. Gretchen Nordyke followed at 2:17 p.m. and was given No. 151 – 61 – 10638, which was also filed with the Hawaii registrar Aug. 11, 1961. The Obama Certification of Live Birth (COLB) shows his certification number to be 151 1961-010641, which is three numbers later from the last born twin rather than being a number earlier than the first born twin. Raising more questions is the fact that Obama’s birth was registered with the Hawaii registrar three days earlier, Aug. 8, 1961. How could his birth be registered earlier than the twins but be given a certificate number later than the twins? Another question is why the middle figure in Obama’s purported registration is 1961, indicating the year of birth, while the Nordykes’ is merely 61? WND was unable to receive a response from Hawaii officials regarding the state’s procedure for issuing registration numbers and their providing a reasonable answer to these questions. The Nordyke twins birth certificate story was fully reported at http://www.wnd.com/index.php?pageId=105347;

(26) A debate on the adoption of a new Constitution took place in the House of the National Assembly of Kenya on Thursday, March 25, 2010. The Official Report of that House, dated Thursday, March 25, 2010, provides the details of that debate. One of the speakers during that debate was The Minister for Lands, Mr. Erengo. Ironically, he expressed that “[i]f we do not live by the values and principles contained in this Constitution, all that is contained in this Constitution will be of no significance….” He continued saying that Kenyans must follow the rule of law and especially the Constitution, stating that the “unmaking of Kenya began by disregard and non-compliance of the law. We ended up in a dictatorship that we had to fight for so many years….” He further explained that under the new proposed Constitution, the “Executive authority of the President . . . is derived from the people….” He then explained that Kenya must overcome its problem of elements of its population excluding people from participating in Kenyan life because of ethnic factors. He asked that all Kenyans unite, regardless of ethnic or tribal affiliations, stating: “The other thing that we are addressing through devolution is exclusion. What has made us suffer as a nation is exclusion. Once people feel excluded, even when you want to employ a policeman or constable or you want to build a dispensary, it must come from the centre. In the colonial days, these things were being done on the ground and they could give bursaries and build roads. I commend devolution. Those who fear devolution are living in the past. They are being guided by their ethnic consideration and objectives. They are living in the past. If America was living in a situation where they feared ethnicity and did not see itself as a multiparty state or nation, how could a young man born here in Kenya, who is not even a native American, become the President of America? It is because they did away with exclusion. What has killed us here is exclusion; that once Mr. Orengo is President, I know of no other place than Ugenya. That is why we were fighting against these many Presidencies in the past. I hope that Kenya will come of age. This country must come of age. People want freedom and nations want liberation, but countries want independence.” Mr. Erengo’s statement to the Kenyan Assembly in session is recorded in the official record/minutes of the Kenyan National Assembly meeting on the 25th of March, 2010, that the President of the USA was born in Kenya and is not a native born American. Scroll down to page 31 in the official record of the Kenyan Assembly meeting of 25 March 2010. There we have it clearly stated by a current member of the Kenyan Cabinet that Obama was born in Kenya and is not a “native American.” It is unbelievable that a high-ranking member of the Kenyan government would make such a matter-of-fact statement, given the debate that is raging in the United States about whether Obama was born in Hawaii or Kenya. The full report may be found at http://www.scribd.com/doc/30293518/Minister-in-Kenyan-National-Assembly-on-25-March-2010-states-Obama-born-in-Kenya-See-page-31. The speech of Mr. Erengo starts at page 29 and ends at page 31. The above quote is found on page 31;

(27) Another Kenyan Minister on April 14, 2010, made a statement about Obama’s origins and says that Obama should repatriate himself to Kenya. “What commitment did they make about compensation and more importantly, the biggest artefact [sic] in the USA today that belongs to this country is one Barrack Obama. How does he intend to repatriate himself or part of the money that is realized from all the royalties that he is attracting across the whole world?” Kenyan Minister Khalwale Asks When Obama Will Repatriate Himself @ Jefferson’s Rebels http://jeffersonsrebels.blogspot.com/2010/04/kenyan-minister-khalwale-asks-when.html.

None of these factors alone would be sufficient to disprove that Obama was born in Hawaii. But the totality of them raises legitimate doubts which Obama should dispel by providing corroborating evidence supporting his claim that he was born in Hawaii. That evidence must be more than just posting in 2008 a computer image of an alleged 2007 COLB which at best is only prima facie evidence that he was born in Hawaii, for it does not contain the name of the birth hospital in Honolulu or of the delivering doctor there or other corroborating evidence.

Given America’s military might and who her current enemies are, Americans know that an attack upon America will most likely not come from without but rather from within. They also know the amount of power that the President and Commander in Chief of the Military wields and how that power affects their lives every day. Given these circumstances, it should not be difficult to understand why Americans, concerned for their life, liberty, safety, security, tranquility, and property, want to protect themselves by making sure that their President and Commander in Chief was born in Hawaii as he claims he was and that he is a “natural born Citizen” to whom they can entrust their very lives.

It is Obama who chose to run for President. We cannot imagine that he does not realize that he has no reasonable expectation of privacy as to his place of birth and as to what he has done in his life. Regardless of where Obama was born, he has lost what he probably perceives to be nothing more than a little birth certificate game given that he has disrespected so many Americans who have every right to know who their President is. Obama is supposed to be a constitutional scholar. Maybe he never learned or he forgot that the President works for and answers to the people who under our Constitutional Republic are the sovereigns. Obama’s refusal to provide basic credible information showing where he was born can only leave us thinking what is Obama hiding.

Mario Apuzzo, Esq.
April 25, 2010
http://puzo1.blogspot.com/
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A comment about the Hawaiian birth certification issue by Commander Kerchner:
Birth certificate registration fraud is more common than people realize. Here is an example of how people born in other countries were being falsely registered as born in the USA.

Birth Registration Fraud. It’s Been Done Before. As reported by WND.com
http://www.wnd.com/index.php?fa=PAGE.printable&pageId=107200

Charles Kerchner
Commander USNR (Retired)
http://www.protectourliberty.org/
####

April 23, 2010

George Washington Consulted the Legal Treatise "Law of Nations" as America’s New President

A historical account from the times of what the newly sworn in President George Washington was doing with the legal treatise and reference book Law of Nations in New York in 1789.

There was a news account recently that President George Washington borrowed the legal reference book “Law of Nations or Principles of Natural Law” and never returned it to the library in New York and now owes a huge past due fine on that book. This new current events story ties into the importance of that book to George Washington and the other founders. Attached is an image and an the account what the new President was doing with the book in 1789 in New York. The new President was found consulting that book by visitors to his office in New York in 1789.

New York was then the capital of the USA. See attached highlighted section of the history book, This Was New York, The Nation’s Capital in 1789, by Monaghan & Lowenthal, published by Books for Libraries Press of Freeport NY. I have a copy of this rare book. But it can also be viewed online at Google’s book site.
The Law of Nations by Vattel is a very important legal treatise and was very important to the founding of our nation and writing the Constitution. It was first published in 1758. The Law of Nations is mentioned in our Constitution in Article I, Section 8. The “Law of Nations or Principles of Natural Law” which is its full name was the preeminent legal treatise of the last half of the 1700s and was depended on heavily by the Revolutionary Patriots in the founding of our nation. Benjamin Franklin cited that it was being heavily used during the Constitutional Conventions when he received three new copies of the newest circa 1775 edition from the editor Dumas in Europe. And John Jay the 1st Chief Justice of the U.S. Supreme Court cited it often. This legal book was cited many times by the various U.S. Supreme Courts in the 1800s and much of it became the common law of our land via Supreme Court decisions citing the wisdom conveyed in this book.

And it is this legal treatise by Vattel which defines who the “naturel” citizens are, i.e., the “natural born Citizens” of a country, i.e., a person born in the country to two citizen parents of that country. This was the law of nature and Vattel codified it in his book Law of Nations or Principles of Natural Law. This book was the source of the wisdom which prompted John Jay to write to George Washington, presiding officer of the Constitutional Convention in the summer of 1787, and request that the requirement of “natural born Citizenship” be put into the new Constitution as an eligibility standard for the office of the President and commander of the military, for future holders of that office after the original generation past, to minimize any chances of foreign influences on that singular most powerful office in our new nation.

The founders and framers in their wisdom anticipated the day would come when a citizen of the world funded by foreign money would attempt to take over America. That day has come. Obama is not a natural born Citizen of the USA. He was born a subject of Great Britain. He is not Article II, Section 1, Clause 5 constitutionally eligible to be the President and Commander in Chief of the military for exactly the reasons John Jay stated to George Washington in the summer of 1787.

Obama is a Usurper in the Oval Office and must be removed by We the People.

CDR Charles Kerchner
Pennsylvania
http://puzo1.blogspot.com
http://www.protectourliberty.org
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P.S. See this post for another founder and framer who sought answers from Vattel:
Benjamin Franklin in 1775 thanks Charles Dumas of the Netherlands for sending him 3 more copies of the newest edition of Vattel’s Law of Nations
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April 17, 2010

The Court and Congress Expected the Other to Resolve the Obama Eligibility Question

On Thursday, April 15, 2010, Hon. U.S. Supreme Court Justice Clarence Thomas was giving testimony before the House Appropriations Subcommittee on the issue of the composition of the United States Supreme Court. The hearing was broadcast on C-Span. Subcommittee Chairman, Rep. Jose Serrano, D-NY (now the most senior Member of Congress of Puerto Rican descent), and he were having a pleasant exchange. Rep. Serrano was explaining to Justice Thomas how he feels “a little uneasy” despite much of the dismay of his friends on the “left” about having a hearing for the Supreme Court because of the respect that he has for the Court. He added that it was “humbling” but that the public understood the importance of what the Court does and the impact that it has on the future of our country. Justice Thomas thanked Rep. Serrano for his words. Rep. Serrano then jumped in and commented on Justice Thomas’ view on who can sit on the Supreme Court. The following exchange occurred:

Rep. Serrano: I’m glad to hear that you don’t think that there has to be a judge on the Court because I am not a judge. I have never been a judge.

Justice Thomas: And you don’t have to be born in the United States. So you never have to ask, answer that question (smiling).

Rep. Serrano: Oh, really?

Justice Thomas: Yeah (the audience laughing).

Rep. Serrano: So, you haven’t answered the one whether I can serve as (Justice Thomas interjecting) President but you answered this one (smiling).

Justice Thomas: We’re evading that one (laughter from Justice Thomas and the audience). We are giving you another option (more laughter from Justice Thomas and the audience).

Rep. Serrano: Thanks alot.

Justice Thomas: Thank you, Mr. Chairman.

Rep. Serrano: Mrs. Emerson.

Mrs. Emerson, Ranking Members, then starts to address Justice Thomas as he continues to laugh.

The YouTube video may be viewed at http://www.youtube.com/watch?v=O7qEH-tKoXA.
A biography on Rep. Serrano may be found at http://serrano.house.gov/Biography.aspx.

What does all of this mean in relation to Obama’s eligibility question? What is the message behind all the joking, laughter, and body language that can be viewed on the video? From Justice Thomas’ first mentioning that one does not have to be born in the United States to sit on the U.S. Supreme Court, it appears that Justice Thomas is telling Congress that the Court is angry with Congress for allowing Obama to sit as President even though there is a reasonable doubt as to whether he was born in the United States. Rep. Serrano read the real message of Justice Clarence’s statement and let him know about it, saying “Oh, really.” Rep. Serrano did not like Justice Thomas blaming Congress for the mishandling of the matter so he shoots back at Justice Thomas by telling him the Court failed to answer the Obama eligibility question when it should have but now is answering the question of whether someone who is not born in the United States can sit on the U.S. Supreme Court. From this comment we can conclude that Congress did not believe that it was its job to answer the question of whether Obama is eligible to be President and expected the judicial branch of government to answer that question. This is borne out by the many letters that Congressmen wrote to concerned Americans on the question of what was being done to address the issue of whether Obama was eligible for the Presidency. Justice Thomas then answered that the Court is “evading that one” and giving Congress “another option.” Here we can see that the Court is telling Congress that it avoided addressing the Obama eligibility issue so Congress could resolve it through the political process, giving Congress some other unknown “option” to resolve the crisis. We can only speculate what that other “option” is at this point. Needless to say, it appears that both Congress and the Court are angry at each other for the constitutional crisis that each accuses the other to have caused regarding the Obama eligibility question.

The Obama eligibility issue has run its course through the political process. We can reasonably expect Obama to run for a second term. We surely do not want to repeat during Obama’s second run for President what occurred during his first. We cannot reasonably expect to resolve the question of whether Obama was born in Hawaii and the meaning of the “natural born Citizen” clause by way of Americans voting at the polls. This issue is not going away. It is dividing our nation and needs to be decided as soon as possible. There is now no other way to resolve the question of Obama’s eligibility other than through the legal process. As Chief Justice John Marshall so well taught in many of his important U.S. Supreme Court decisions, there is no doubt that the judicial branch of government is well equipped and capable of deciding this critical issue of constitutional law and by doing so will not interfere in the work of the other two branches of government. The Kerchner et al v. Obama/Congress et al case which is now pending in the Third Circuit Court of Appeals in Philadelphia with a tentative merits hearing date of June 29, 2010 gives the judicial branch of government the prime opportunity to put this constitutional crisis finally to rest one way or the other.

Mario Apuzzo, Esq.
April 17, 2010
http://puzo1.blogspot.com/
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P.S. Read the comments made on March 25, 2010, by Minister of Lands, Mr. James Orengo, Member of the Kenyan Parliament on the issue of Obama’s country of birth during a session of the Kenyan National Assembly:
http://puzo1.blogspot.com/2010/04/current-minister-of-kenyan-government.html

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