WASHINGTON, June 29, 2012 – A third hearing in a lawsuit challenging President Obama’s eligibility to appear on the Florida ballot is being held this morning, Friday June 29 in Tallahassee. The hearing comes on the last day of a critical week for the Obama Administration, which included yesterday’s Supreme Court health care ruling and a vote by the U.S. House of Representatives to hold Attorney General Eric Holder in Contempt of Congress.
President Obama through his attorneys filed a motion to strike the amended complaint, and the plaintiff, a Florida voter represented by Attorney Larry Klayman, has filed an opposition to the motion to strike.
Judge Terry Lewis, noted for presiding over the 2000 Florida election results dispute between George W. Bush and Al Gore, is assigned to the case in Leon County Florida Circuit Court.
The second amended complaint, Michael C. Voeltz versus Barack Hussein Obama and Ken Detzner, Secretary of State of Florida, also refers to defendant Barack Obama as “aka Barry Soetoro”. Barry Soetoro is the name which appears on President Obama’s Indonesian school records.
Amended Complaint: “No physical, paper copy has been produced”, “not born in the United States”
The amended complaint (See PDF exhibit) states on page 3 that “No physical, paper copy of the actual long form birth certificate, or any other identifying document, has been produced in order to establish Barack Hussein Obama’s birth within the United States”.
The amended complaint then states that “Barack Hussein Obama’s failure to produce an actual birth certificate, or other identifying document, is because he was not born in the United States.”
Although challenges to President Obama’s eligibility to hold office have been presented in a number of states, so far no judge has allowed a case to move into discovery, a pre-trial phase of a lawsuit in which the parties can request evidence, take depositions, request documents and issue subpoenas.
If Judge Lewis denies President Obama’s motion to strike the amended complaint, the case moves forward and closer to discovery, opening the door to the possibility President Obama’s Hawaii birth records could come under scrutiny of the court,
Judge to Plaintiff: “Can you amend that he was born outside of the jurisdiction of the United States?”
Judge Lewis asked Attorney Klayman during the second hearing on June 10, 2012 “if I give you leave to amend can you amend that he was born somewhere outside of the jurisdiction of the United States?” to which the reply was yes.
Although President Obama’s attorney Mark Herron implored Judge Lewis not to allow the plaintiff to file an amended complaint alleging that President Obama was born outside the jurisdiction of the United States, Judge Lewis responded by stating “I made a note that you (plaintiff) would like to amend…I would not have done that if I thought there was nothing you could amend.”
First Complaint: Focus on “Natural Born Citizen” clause of Constitution
The original complaint focused on questions over President Obama’s eligibility under Article Two, Section One, Clause Five of the Constitution, which states that “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President”.
President Obama’s legal team, led by Mark Herron, argued during the second hearing before Judge Lewis that the lawsuit should be dismissed because President Obama has not yet been nominated as the official Democratic Party candidate for President. “There has been no nomination to office, there has been no election to office,” Herron told Judge Lewis.
Florida Secretary of State Detzner maintains the position of President Obama’s lawyers that the Florida eligibility lawsuit should be dismissed.
Barack Obama Senior, who is identified as President Obama’s father in the President’s memoir “Dreams from My Father” and on the “long form” Hawaii Certificate of Live Birth posted to the official White House website, was a citizen of the British Colony of Kenya.
Because Hawaii officials have never made President Obama’s original birth records in Honolulu available to the public, the media, or any election officials, questions remain over what is in the records.
A new documentary film “Dreams from My Real Father” directed by Joel Gilbert, argues that President Obama’s father is Frank Marshall Davis, a political activist in Honolulu identified by informants in FBI memos as being a member of the Communist Party USA. Gilbert, a Los Angeles filmmaker who according to his website graduated from the London School of Economics and holds a MBA from George Washington University, highlights physical and speech trait similarities between President Obama and Davis, and presents a cache of racy photographs he argues are of Barack Obama’s mother, Stanley Ann Dunham, purportedly taken by Davis. Gilbert claims that window measurements recently taken at Davis’s former house in Honolulu confirm the location.
As first reported in Communities @WashingtonTimes.com, officials with the Hawaii Department of Health refused to confirm to Arizona Secretary of State Ken Bennett that the Certificate of Live Birth posted to the White House website is a “true and accurate representation of the original record in your (Hawaii’s) files”, instead stating that “information matches”. Secretary Bennett nonetheless accepted the “Verification of Birth” letter provided to him by Hawaii officials. The Verification of Birth sent to Arizona omitted Barack Obama’s date of birth.
The Maricopa County Sheriff’s Office (Ariz.) Cold Case Posse announced at a March 1, 2012 press conference hat there is probable cause the Certificate of Live Birth posted on the White House web site is a forgery.
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