Alan Keyes, 2008 American Independent Party candidate, filed a lawsuit in California Superior Court today challenging Barack Obama's right to serve under the Constitution that specifies that candidates for the presidency must be "natural born" citizens of the United States.
The suit demands that Obama produce a certificate of live birth from a hospital in Hawaii to prove his status as natural born. More specifically, the suit petitions the State of California and it's Secretary of State to withhold Californian's electoral votes from Obama at its meeting of electoral delegates in December unless he can provide documentary proof of his "natural born" status.
The suit asserts that the Hawaiian hospital that claims it holds the certificate on file but will not release it has not provided sufficient evidence to show proof of "natural born" citizenship. Under Hawaiian law, a birth certificate can be issued in Hawaii if the parents are citizens of Hawaii but the child does not actually have to be born in Hawaii. The suit asserts that if this was the basis for issuance of Obama's certificate it does not meet the requirement that he be a "natural born" citizen under the United States Constitution. Here is the portion of the petition for writ of mandate that makes that point of contention:
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 “personally seen and verified that the Hawaii State Department of Health has Senator Obama’s original birth certificate on record in accordance with state policies and procedures.” That statement failed to resolve any of the questions being raised by litigation and press accounts. Being “on record” could mean either that its contents are in the computer database of the department or there is an actual “vault” original.Adding to the controversy, a Video has been posted to YouTube that claims Obama was born in Kenya. Someone does not want this man to be president.
75. Further, the report does not say whether the birth certificate in the “record” 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 child’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.
Here is a PDF copy of the lawsuit filed today in Superior Court of California, County of Sacramento. There are purportedly five other lawsuits pending that make the same challenge.
The rides not over. The Right-Wing didn't get to sing and its not over till their fat lady from the Wagnerian opera "does her thang."
This breaking news report has been cross-posted to the writer's blog at:
Open Salon: Southern Perspectives
Open Salon: Southern Perspectives