Friday, 4 July 2008
Yesterday, there was an interesting post at Israel Insider questioning whether Daily Kos had been involved in forging the Barack Obama birth certificate Kos posted a few months ago when questions started circulating about where Obama was actually born. A similar looking certificate is now posted at Obama's "Fight The Smears" site. If he was born outside the United States, he would not be eligible to run for President despite one parent (his mother) having been a citizen.
Ares Demertzis sends in the latest on this controversy also from Israel Insider.
Here is the image of the Obama birth certificate released to the public:
Here is a real one scanned:
Posted on 07/04/2008 5:27 PM by Rebecca Bynum
4 Jul 2008
A comment on lgf, a few weeks ago, by a person with some knowledge about Hawaii "Birth Certificates" and "Certificates of Live Birth" indicated that a valid "Certificate of Live Birth" legally replaces a "Birth Certificate" issued at the time of birth. The "Certificate of Live Birth" does not purport to have been issued at the time of birth, but does represent that the actual birth did occur as described, based upon official legal records. To be valid, the "Certificate of Live Birth" does need the embossed seal and registrar's signature, which is lacking on the one posted by daily kos.
I am no lawyer, and perhaps the legal issues are not settled, but I had thought that anyone born a US citizen, which BHO was, as his mother was a citizen, is eligible to become President. If one is required to be born on US soil, my understanding is that John McCain would himself have difficulty, as Senator McCain was definitely born in the Panama Canal Zone.
Nevertheless, in order to legally appear on primary and election ballots across the USA, don't candidates need to demonstrate to relevant election authorities, along with nominating petitions, proof of birth, and all? Or is it just some affidavit, with no proof?
7 Jul 2008
When applying to run in the primaries a candidate does not actually have to prove he satisfies the requirements for office.
Someone posted on the Sean Hannity forums that in some states a presidential candidate only must present signed, notarized affidavits affirming they satisfy all legal requirements for the office:
"And, at the time of filing this declaration, I am legally qualified to assume office if elected."
"that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution"
The declaration of intent for President and Vice President shall be in the following form:
RSA 655:17-b. I, ___________, declare that I am domiciled in the city (or town or unincorporated place) of ____________, county of ____________, state of ________________, and am a qualified voter therein; that I intend to be a candidate for the office of _________________________ to be chosen at the general election to be held on the fourth day of November, 2008; and I intend to file nomination papers by the deadline established under RSA 655:43. I further declare that, if qualified as a candidate for said office, I shall not withdraw; and that, if elected, I shall be qualified for and shall assume the duties of said office. [Declaration of Intent shall be signed by the candidate and notarized by a notary public]
"and I meet or will meet at the time I assume office the applicable age, citizenship, residency and voting qualification requirements, if any, prescribed by the constitutions and laws of the United States and the State of Wisconsin, and that I will otherwise qualify for office, if nominated and elected."
However, a declarer can face perjury charges if he knowingly makes false statements in a notarized affidavit:
"An affidavit is a formal sworn statement of fact, signed by the declarant (who is called the affiant or deponent) and witnessed (as to the veracity of the affiant's signature) by a taker of oaths, such as a notary public. The name is Medieval Latin for he has declared upon oath.
Uses of affidavits include:
* To allow evidence to be gathered from witnesses or participants who may not be available to testify in person before the court, or who may otherwise fear for their safety if their true identities are revealed in court.
* To obtain a declaration on a legal document, such as an application for voter registration, that the information provided by the applicant is truthful to the best of the applicant's knowledge. If, after signing such a declaration, the information is found to be deliberately untrue with the intent to deceive, the applicant may face perjury charges."
Given the information that his birth certification is not a certified document, a legitimate legal case could be made that he may have perjured himself. Then his legitimacy on the ballots for the primaries in those states could be challenged in court, as well as for the future ballots in the general election.
Something similar was done by Obama himself when he had all his challengers in the first election he won in Illinois removed on the grounds that their petitioning signatures could not be validated.