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Obama Citizenship Case A Waste Of Time: Federal Judge

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NEDRA PICKLER | March 5, 2009 06:23 PM EST | AP

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WASHINGTON — A federal judge on Thursday threw out a lawsuit questioning President Barack Obama's citizenship, lambasting the case as a waste of the court's time and suggesting the plaintiff's attorney may have to compensate the president's lawyer.

In an argument popular on the Internet and taken seriously practically nowhere else, Obama's critics argue he is ineligible to be president because he is not a "natural-born citizen" as the Constitution requires.

In response last summer, Obama's campaign posted his Hawaiian birth certificate on its Web site. But the lawsuit argues it is a fake and that Obama was actually born in his father's homeland of Kenya, even though Hawaiian officials have said the document is authentic.

"This case, if it were allowed to proceed, would deserve mention in one of those books that seek to prove that the law is foolish or that America has too many lawyers with not enough to do," U.S. District Judge James Robertson said in his written opinion.

The lawsuit didn't even use Obama's legal name but called him "Barry Soetoro," the name he went by while attending elementary school in Indonesia. It's one of many that has been filed claiming Obama is ineligible to serve as president.

Robertson ordered plaintiff's attorney John Hemenway of Colorado Springs, Colo., to show why he hasn't violated court rules barring frivolous and harassing cases and shouldn't have to pay Obama's attorney, Bob Bauer, for his time arguing that the case should be thrown out.

WASHINGTON — A federal judge on Thursday threw out a lawsuit questioning President Barack Obama's citizenship, lambasting the case as a waste of the court's time and suggesting the plaintiff's a...
WASHINGTON — A federal judge on Thursday threw out a lawsuit questioning President Barack Obama's citizenship, lambasting the case as a waste of the court's time and suggesting the plaintiff's a...
 
 

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- New Ergon See Profile I'm a Fan of Ergon permalink

How do you deal with an Internet Vampire?

    Reply    Favorite    Flag as abusive Posted 07:19 PM on 03/09/2009
- pigeonca See Profile I'm a Fan of pigeonca permalink

Alan Keyes and the rest of his wing-nut coterie need to get Ann Obama's travel records if they have any case at all. As far as I know Mrs. Obama never even had a passport until 1966 when she married Mr. Soetoro and moved to Indonesia. Prove otherwise, or shut up!

    Reply    Favorite    Flag as abusive Posted 06:14 PM on 03/09/2009
- Tommygun264 See Profile I'm a Fan of Tommygun264 permalink

The man was born here in Honolulu, Hawaii at Kapiolani Women's and Children's Hospital, less than two miles from where I am sitting right now. Even all but the lunatic fringe of the racist right wing has acknowledged this FACT. These dead-end losers who deny reality are beyond pathetic and beneath contempt.

    Reply    Favorite    Flag as abusive Posted 09:16 AM on 03/08/2009
- ABeck See Profile I'm a Fan of ABeck permalink

TRULY? Hawaii? Have you seen his actual birth-certificate?
There's ONE thing that nobody is addressing; Barack Obama's father was a BRITISH SUBJECT; didn't get American citizenship; so Obama holds dual-citizenship. He could have done something to remedy this (he would have had to denouce his British citizenship upon his 18th birthday).. , as there is NO record he did, he may not be a US citizen. If you were born here, to a father who was not Amer, YOU'd have dual-citz. Want to be full-out American?, you'd go to the INS to clear it up. Do that and you'd be a US citizen, but, you can't be natural-born; you could not be president. IF it took a law in order for you to get US citizenship, you won't BE eligible to be prez.
IF you hold dual-citizenship (at ANY time, YOU couldn't be Prez. IF you COULD be president, it would mean that Castro, Bin Laden, etc..., could impregnate US woman, said child could be Prez.. -the natural-born citizen clause is IN the constition for that very reason. It IS so that NO president would alegience to another country.
Why can't any JUDGE get this? IS Obama machine able to tie the judges' hands? NO suit;s been heard so, NONE of these suits was dismissed ON MERIT OF THE CASE..
"Our President" NEEDS to prove he's NATURAL-BORN, tho he cannot. He stated this ON his site and nobody cared?

    Reply    Favorite    Flag as abusive Posted 12:07 AM on 03/09/2009
- rf-hawaii See Profile I'm a Fan of rf-hawaii permalink

This is all a bunch of noise. The issue has been decided. The only folks that still care are those hard core cases that voted for the other guy.

    Reply    Favorite    Flag as abusive Posted 01:53 PM on 03/09/2009
- UrbanSlave See Profile I'm a Fan of UrbanSlave permalink

As far as I'm concerned. Barrack H. Obama was born in a manger.

    Reply    Favorite    Flag as abusive Posted 08:24 AM on 03/08/2009
- UrbanSlave See Profile I'm a Fan of UrbanSlave permalink

This is a non issue and like the judge said, a waste of time. What progressive goals does this crap achieve.

    Reply    Favorite    Flag as abusive Posted 08:21 AM on 03/08/2009
- domingoarong See Profile I'm a Fan of domingoarong permalink

Obama was born of a parent "subject to the jurisdiction of the United States"; hence, "natural born." Obama belongs to the still unrecognized category of citizens enclosed between the pair of commas in the citizenship clause--"and subject to the jurisdiction thereof." By inserting the first comma before the coordinator "and," the author is conveying the intention that the phrase "and subject to the jurisdiction thereof" acts as the SECOND of a COMPOUND subject (not as a "qualifying" phrase as read in Wong Kim Ark), worded as an ELLIPTICAL for the complete construction--"and [all persons] subject to the jurisdiction thereof," with the main noun phrase "all persons" omitted rather than repeated for brevity or style.

During the debate (Cong. Globe, 39th Congress, 1st Sess. May 30, 1866), Senator James Doolittle quoted how "the language" was understood to mean--affirming its elliptical structure:

"Mr. DOOLITTLE ... But, sir, the Senator has drawn me off from the immediate question before the Senate. The immediate question is whether the language which he [Senator Howard, the author] uses, 'all persons subject to the jurisdiction of the United States,' includes these Indians. I maintain that it does ..." (p. 2897, 1st col.)

Obama belongs to this category: "All persons subject to the jurisdiction of the United States" at birth or after birth.

(The words "or naturalized" were not included in the clause "agreed to" on May 30, 1866; they were inserted a week later, July 8th (p 3040, 2nd. col.).

    Reply    Favorite    Flag as abusive Posted 04:57 AM on 03/08/2009
- doctordoubt See Profile I'm a Fan of doctordoubt permalink

Way I see it, Obama is more American than most of the rethugs that at this point, are standing in the way of America. He, at least, is trying to help, not hinder. The nay sayers might consider where we'd be under four more years of what's his name. Tax cuts don't help pay an overdue mortgage. Tax cuts don't put food on the table of a family with no address. Tax cuts do allow the big boot to continue to put pressure on the neck of the average individual. He is, at least, TRYING to help thiscountry. If you can't help, get the help out of the way.

    Reply    Favorite    Flag as abusive Posted 04:43 PM on 03/07/2009
- daytimesky2000 See Profile I'm a Fan of daytimesky2000 permalink

Barack Obama was born Aug. 4, 1961, at the old Kapiolani Maternity and Gynecological Hospital in Honolulu, Hawaii.

http://www.obamaconspiracy.org/2009/01/more-testimony-obama-was-born-in-k/

    Reply    Favorite    Flag as abusive Posted 08:44 PM on 03/07/2009
- ABeck See Profile I'm a Fan of ABeck permalink

That's ONE, and only ONE story;
Still, HE was born to an American (and too young to pass on her American citizenship) AND to a Brirish SUBJECT. Obama, on fight the smears site, stated he HELD dual-citizenhip.. ANYONE who holds such cannot legally BE POTUS.. So, who really cares where he was born? I don't care where he was born but DO care what his citizenship status was at that time... , and it was NOT "natural-born",
If he is allowed to procede, it means that MANY people (who should not) can certainly BE president. Would YOU like Saddam Hussein's son; say he had one born to an American woman, in Cali -- or wherever?// Would you WANT an Ude of Koosee to run OUR country? It could be possible as long as this farce is allowed to be perpetuated!!

    Reply    Favorite    Flag as abusive Posted 12:16 AM on 03/09/2009
- lizziesocks See Profile I'm a Fan of lizziesocks permalink

"Robertson ordered plaintiff's attorney John Hemenway of Colorado Springs, Colo., to show why he hasn't violated court rules barring frivolous and harassing cases and shouldn't have to pay Obama's attorney, Bob Bauer, for his time arguing that the case should be thrown out.'

Sweet - that means he's getting ready to fine the heck out of that Hemenway freak.

    Reply    Favorite    Flag as abusive Posted 03:43 PM on 03/07/2009
- onegandolf1 See Profile I'm a Fan of onegandolf1 permalink

Where's that clown who was arguing this non-issue last week?

    Reply    Favorite    Flag as abusive Posted 02:41 PM on 03/07/2009
- jeffrey678 See Profile I'm a Fan of jeffrey678 permalink

The right wing is trying to inspire another Timothy McVeigh. The main street media seems to be ignoring this issue.

    Reply    Favorite    Flag as abusive Posted 02:38 PM on 03/07/2009
- CaptainStormfield See Profile I'm a Fan of CaptainStormfield permalink

My thoughts exactly.

    Reply    Favorite    Flag as abusive Posted 07:00 PM on 03/07/2009
- celticgodess See Profile I'm a Fan of celticgodess permalink

This bunch of lunatics will never concede. They want to diminish President Obama, make him illegitimate, caste a cloud of doubt about him, make the great unwashed and stupid believe that they "know" something that no one else does. I bet that there are republican operatives behind the whole "conspiracy". It is not unusual for the wingnuts to do this. They attacked Clinton all through his term as president, he did give them some ammo to do it. Now, President Obama, he doesn't have anything that they can use against him, so they make crap up. Put out all of this phony outrage and tinfoil hat conspiracies, to cast doubt about him.
Sorry wingnuts, won't work. The American people already decided that they like, even love the guy. They trust and admire his intelligence and his inspirational speaking style and have confidence in his judgement and his plans. He has more integrity in his little finger than the entire republican party.
Don't look for this nasty, ugly and divisive stuff to stop. This is the only way they think they can win. LOL
Sad and pathetic.

Godspeed Obama
Peace

    Reply    Favorite    Flag as abusive Posted 02:23 PM on 03/07/2009
- CaptainStormfield See Profile I'm a Fan of CaptainStormfield permalink

http://www.consortiumnews.com/2009/022809.html
Obama's War with the Right (& Media)
By Robert Parry

    Reply    Favorite    Flag as abusive Posted 07:01 PM on 03/07/2009
- rf-hawaii See Profile I'm a Fan of rf-hawaii permalink

The only way for a minority to hold power in a democracy is to fool the people.

Republicans understand this and blow everything out of proportion in hopes that something will stick. Enough somethings and they just might be able to fool the country again.

The Republicanism of today is a cancer of liars.

    Reply    Favorite    Flag as abusive Posted 02:10 PM on 03/09/2009
- katysax See Profile I'm a Fan of katysax permalink

This made me smile. Many many years ago with Jim Robertson was still a practicing attorney I worked with him for a while. Very down to earth guy and it looks like he still is.

    Reply    Favorite    Flag as abusive Posted 12:39 PM on 03/07/2009
- zkazan See Profile I'm a Fan of zkazan permalink

It wouldn't matter if he was born on Mars and his father in Kenya. His mother was AMERICAN making Barack a 'naturalized citizen'. That's all folks.... American mother, American child. Period.

    Reply    Favorite    Flag as abusive Posted 12:26 PM on 03/07/2009
- geom See Profile I'm a Fan of geom permalink

Obama is a natural born citizen. One has to pass a test to become a "natualized citizen". Which of course means 99% of republicans would not be able to become American citizens.

    Reply    Favorite    Flag as abusive Posted 04:01 PM on 03/07/2009
- wmholt See Profile I'm a Fan of wmholt permalink

Is this true? If the American mother is abroad, is the child still American? I don't know the answer, but I wonder if someone can confirm.

    Reply    Favorite    Flag as abusive Posted 12:43 PM on 03/07/2009
- kbella See Profile I'm a Fan of kbella permalink

Yes. I live in Italy and if I have children with my Italian husband, all I have to do is report their birth to the American Embassy in Italy. They will transcribe their births. They can get passports and everything. It doesn't matter where he was born since his mother was American. All of this nonsense about him not being natural born is ridiculous. One is not "natural born" American if they are born to 2 non-American parents in another country and they later become naturalized citizens.

    Reply    Favorite    Flag as abusive Posted 09:49 AM on 03/08/2009
- daytimesky2000 See Profile I'm a Fan of daytimesky2000 permalink

Barack Obama was born Aug. 4, 1961, at the old Kapiolani Maternity and Gynecological Hospital in Honolulu, Hawaii.

http://www.obamaconspiracy.org/2009/01/more-testimony-obama-was-born-in-k/

    Reply    Favorite    Flag as abusive Posted 08:43 PM on 03/07/2009
- LolaGetz See Profile I'm a Fan of LolaGetz permalink

My two sons were born in the UK. They were issued American birth certificates from the US State Department, which state that they are American citizens born abroad and that they "acquired citizenship at birth." They are "natural born citizens" with an American mother. They are not naturalized. I don't know about other countries, but the consular official at the American Embassy in London stressed to me repeatedly that my children were as "natural born" as if they'd been born on American soil because he wanted to make sure that I understood the difference between "natural born" and "naturalized."

Anyone who believes otherwise should phone the State Department and talk to them about it.

    Reply    Favorite    Flag as abusive Posted 05:09 PM on 03/07/2009
- Bradley Green See Profile I'm a Fan of Bradley Green permalink

The argument is that she was not old enough to confer citizenship to him when he was born. Because his father was not American, if he was not born in the US, then he is not a citizen. This still ignores the argument of whether or not you are "natural born" even if you aren't born in the US.

    Reply    Favorite    Flag as abusive Posted 04:50 PM on 03/07/2009
- Cherie Clark See Profile I'm a Fan of Cherie Clark permalink

My two daughter's were born in Calcutta, India and I am an American their father Indian. They were issued birth certificates which state that they are United States Citizens born abroad and in the case of my youngest daughter she was premature and quite ill and they issued her US passport within days of her birth in case we needed to travel to the US.

    Reply    Favorite    Flag as abusive Posted 04:25 PM on 03/07/2009
- lisalovesamelie See Profile I'm a Fan of lisalovesamelie permalink

Exactly. Unless BOTH parents are not citizens does one then have to be born on our soil. If at least ONE parent is a citizen then it doesn't matter if he was born in Honolulu, Kenya, or Timbuktu, that one citizen parent is all that is needed to be guaranteed citizenship.

    Reply    Favorite    Flag as abusive Posted 12:37 PM on 03/07/2009
- Taiyo See Profile I'm a Fan of Taiyo permalink

Hope this finally shuts those wingnuts up!

    Reply    Favorite    Flag as abusive Posted 12:21 PM on 03/07/2009
- lisalovesamelie See Profile I'm a Fan of lisalovesamelie permalink

Not likely. Stupid is like a disease with them.

    Reply    Favorite    Flag as abusive Posted 12:37 PM on 03/07/2009
- doctordoubt See Profile I'm a Fan of doctordoubt permalink

The good news is that stuuupid is terminal.

    Reply    Favorite    Flag as abusive Posted 04:46 PM on 03/07/2009
- warren57 See Profile I'm a Fan of warren57 permalink

DUH1 Meant."...explains a whole lot of things."

    Reply    Favorite    Flag as abusive Posted 01:33 PM on 03/07/2009
- warren57 See Profile I'm a Fan of warren57 permalink

LOL! Now that explains a whole of things!

    Reply    Favorite    Flag as abusive Posted 01:32 PM on 03/07/2009
- CharlesJ See Profile I'm a Fan of CharlesJ permalink

Actually the Lawyer that is filing this lawsuit as well as his client(s), should be forced to pay not only Obama's legal staff for their time as well as pay all court costs, and resulting cost for all other cases delayed as a result of this case. Talking about a complete waste of our courts time as well as a waste of money. Maybe the judge should consider imposing a stiff penalty and fine against this lawyer and his client(s) for being stupid. Lastly maybe the Obama lawyers should file a law suit against these people as well against any future suits for harassment and waste of personal and professional time.

    Reply    Favorite    Flag as abusive Posted 12:13 PM on 03/07/2009
- lisalovesamelie See Profile I'm a Fan of lisalovesamelie permalink

I agree.

    Reply    Favorite    Flag as abusive Posted 12:38 PM on 03/07/2009
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