For the first time in dozens of court cases challenging Barack Obama’s eligibility to be president, a judge has ruled that Obama must, in order to be a candidate on the Georgia ballot for president in 2012, meet the constitutional demands for candidates for the office.
A hearing has been scheduled later this month for evidence on the issue that has plagued Obama and his presidency since long before he took office. At issue is the constitutional requirement that a president be a “natural-born citizen.”
The ruling came on January 3, 2012 from Judge Michael M. Malihi of the Georgia state Office of State Administrative Hearings.
Georgia state law requires “every candidate for federal” office who is certified by the state executive committees of a political party or who files a notice of candidacy “shall meet the constitutional and statutory qualifications for holding the office being sought.”
Georgia also grants the secretary of state and any “elector who is eligible to vote for a candidate” in the state the authority to raise a challenge to a candidate’s qualifications, the judge determined.
While Obama’s attorney, Michael Jablonski, had argued that the requirements didn’t apply to candidates for a presidential primary, the judge said that isn’t how he reads state law.
“Statutory provisions must be read as they are written, and this court finds that the cases cited by [Obama] are not controlling. When the court construes a constitutional or statutory provision, the ‘first step … is to examine the plain statutory language,” the judge wrote. “Section 21-2-1(a) states that ‘every candidate for federal and state office’ must meet the qualifications for holding that particular office, and this court has seen no case law limiting this provision, nor found any language that contains an exception for the office of president or stating that the provision does not apply to the presidential preference primary.”
Update: December 12, 2013 – Top official in Obama birth mystery killed:
The key Hawaii official, Loretta Fuddy, in the dispute over Barack Obama’s birth certificate – who lifted state restrictions to allow the White House to present the document to the public – has died in a plane crash on Wednesday, December 11, 2013.
Fuddy, 65, made national news in April 2011 when she verified the authenticity of certified copies of President Obama’s birth certificate. Obama had requested the release to curb claims by so-called “birthers” that he was born in Kenya and not eligible to be president.
Fuddy had been on health department business on a private aircraft. The company, Makani Kai, said it was was their first fatality.
Recently Fuddy had been working on the state’s Obamacare website.
“Our hearts are broken,” Gov. Neil Abercrombie said in a statement. “Loretta was deeply loved and respected. She was selfless, utterly dedicated and committed to her colleagues in the Department of Health and to the people of Hawaii. Her knowledge was vast; her counsel and advice always given from her heart as much as from her storehouse of experience.”
When he took office in 2010, Abercrombie, who claimed to have had a relationship with Obama’s parents in Hawaii as a fellow student, vowed to settle the birth certificate dispute once and for all. He finally gave up, however, insisting he didn’t have the necessary legal authority.
Abercrombie told the Honolulu Star-Advertiser regarding Obama’s birth documentation: “It actually exists in the archives, written down.”
Later, Obama asked for copies of the document, and under Fuddy, the state instantly waived a long-claimed ban on reproducing long-form birth certificates. On Fuddy’s instructions, copies were produced and delivered to Judith Corley, a private attorney for Obama.
Fuddy had written to Obama: “We hope that issuing you these copies of your original Certificate of Live Birth will end the numerous inquiries received by the Hawaii Department of Health to produce this document.”
Immediately after the delivered copy was posted on the White House website, however, numerous computer graphics and software experts (including Getting at the Truth) declared it fraudulent.
We have shown that the White House computer image of Obama’s birth certificate had been fabricated piecemeal by human intervention, rather than being copied from a genuine paper document.
More recently, Grace Vuoto of the World Tribune reported that among the experts challenging the birth certificate is certified document analyst Reed Hayes, who has served as an expert for Perkins Coie, the law firm that had been defending Obama in eligibility cases.
“We have obtained an affidavit from a certified document analyzer, Reed Hayes, that states the document is a 100 percent forgery, no doubt about it,” Zullo told the World Tribune.
“Mr. Obama’s operatives cannot discredit [Hayes],” the investigator told the news outlet. “Mr. Hayes has been used as the firm’s reliable expert. The very firm the president is using to defend him on the birth certificate case has used Mr. Hayes in their cases.”
The Tribune reported Hayes agreed to take a look at the documentation and called almost immediately.
“There is something wrong with this,” Hayes said.
Hayes produced a 40-page report in which he says “based on my observations and findings, it is clear that the Certificate of Live Birth I examined is not a scan of an original paper birth certificate, but a digitally manufactured document created by utilizing material from various sources.”
“In over 20 years of examining documentation of various types, I have never seen a document that is so seriously questionable in so many respects. In my opinion, the birth certificate is entirely fabricated,” he says in the report.
Investigator Douglas J. Hagmann of the Northeast Intelligence Network reported this month that in October an affidavit was filed in a court case, under seal, that purportedly identifies the creator of the Obama birth certificate.
He said Douglas Vogt, an author and the owner and operator of a scanning business who also has an accounting background, invested over two years in an investigation of the authenticity of document.
Vogt, along with veteran typesetter Paul Ivey, conducted “exhaustive research of the document provided to the White House Press Corps on April 27, 2011 – not the online PDF, a critical distinction that must be understood,” Hagmann said.
“Using their combined experience of 80 years in this realm, they conducted extensive examinations of the ‘copy’ that was used as the basis for the PDF document. They acquired the same type of equipment that was used back in the late 1950s and early 1960s in an attempt to recreate the document presented as an ‘authenticated copy’ proving the legitimacy of Barack Obama. Instead, they found 20 points of forgery on that document and detail each point of forgery in the affidavit,” wrote Hagmann.
“Even more interesting, Mr. Vogt claims to have identified the ‘signature’ of the perpetrator, or the woman who created the forged document, hidden within the document itself. Her identity, in addition to the identity of other conspirators and their precise methods are contained in a sealed document supplementing the public affidavit.”
“The police, correctly, passed the file to the state’s attorney general, a ‘Democrat,’ who did nothing about it,” he said.