Andy Martin has just responded to the judge’s ruling on his Lawsuit, PETITION FOR WRIT OF MANDAMUS, requesting access to Obama’s birth certificate and other records on file with the Hawaii Health Department.
Judges ruling:
“THIS COURT TREATED THE EMERGENCY MOTION FOR ORDER TO SHOW CAUSE AS A MOTION SEEKING EMERGENCY INJUNCTIVE RELIEF AS
PLAINTIFF WAS SEEKING TO OBTAIN THE BIRTH RECORDS FOR PRESIDENT OBAMA.
FIRST, THE COURT POINTS OUT THAT THE ISSUANCE OF A PRELIMINARY INJUNCTION SEEKS EXTRAORDINARY RELIEF.
IN HAWAII, A 3 PRONG TEST IS APPLIED IN DETERMINING WHETHER PRELIMINARY INJUNCTIVE RELIEF SHOULD BE GRANTED AS
STATED IN LIFE OF THE LAND V ARIYOSHI, 59 HAW. 156 (1978). THE 3 ELEMENTS ARE:
1. IS THE PLAINTIFF LIKELY TO PREVAIL ON THE MERITS?
2. DOES THE BALANCE OF IRREPARABLE HARM FAVOR THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER OR INJUNCTIVE RELIEF,
AND
3. DOES THE PUBLIC INTEREST SUPPORT THE GRANTING OF THE INJUNCTIVE RELIEF SOUGHT?
AFTER REVIEWING THE PLEADINGS, THE MOTION FOR ORDER TO SHOW CAUSE, THE MEMORANDA OPPOSING THE MOTION, THE EXHIBITS,
AND OTHER WRITTEN SUBMISSIONS, AND CONSIDERING THE ARGUMENTS OF COUNSEL AND PLAINTIFF, PRO SE, THE COURT FINDS AS
FOLLOWS:
BASED ON THE LIMITED AMOUNT OF EVIDENCE PRESENTED, THE COURT FINDS THAT IT IS UNLIKELY THAT PLAINTIFF WILL PREVAIL
ON THE MERITS AS IT APPEARS THAT THE PLAINTIFF DOES NOT HAVE A DIRECT AND TANGIBLE INTEREST IN THE VITAL STATISTIC
RECORDS BEING SOUGHT, NAMELY THE BIRTH CERTIFICATE OF PRESIDENT OBAMA. PLAINTIFF ALSO DOES NOT FALL WITHIN THE
CATEGORY OF PERSONS WHO MAY BE ENTITLED TO THE RECORDS AS ENUMERATED IN HRS 338-18(B). IN ADDITION, HRS 92-13
PROVIDES THAT DISCLOSURE OF GOVERNMENT RECORDS IS NOT REQUIRED WHICH, PURSUANT TO STATE LAW, ARE PROTECTED FROM
DISCLOSURE.
REGARDING THE SECOND ELEMENT OF IRREPARABLE HARM, THE COURT FINDS THAT PLAINTIFF HAS NOT PRESENTED ANY EVIDENCE TO
THIS COURT THAT IRREPARABLE HARM WILL OCCUR IF THE RECORDS ARE NOT PROVIDED TO THE PLAINTIFF.
IN ADDITION, THERE IS INSUFFICIENT EVIDENCE TO INDICATE THAT THE PUBLIC INTEREST SUPPORTS THE GRANTING OF THE
RELIEF SOUGHT AND THERE IS A REASONABLE BELIEF THAT THE PUBLIC WOULD RATHER PRESERVE THE CONFIDENTIALITY OF VITAL
HEALTH RECORDS.
THEREFORE, THE EMERGENCY MOTION TO SHOW CAUSE IS DENIED. DEFENDANTS’ COUNSEL TO PREPARE FINDINGS OF FACT AND
CONCLUSIONS OF LAW.
IN ADDITION, THE COURT GRANTS DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT FOR THE REASONS STATED IN THE
PRIOR RULING AS WELL AS FOR THE REASONS RAISED IN THE MOTION AND SUPPORTING MEMORANDA, INCLUDING LACK OF STANDING
AND INSUFFICIENT SERVICE OF PROCESS ON THE DEFENDANTS.
DEFENDANTS’ COUNSEL TO PREPARE ORDER.”
Andy Martin’s response:
“FOR IMMEDIATE RELEASE:
INTERNET POWERHOUSE ANDY MARTIN PLANS TO APPEAL DISMISSAL OF BARACK OBAMA’S BIRTH CERTIFICATE LAWSUIT, SAYS HE HAS NOT YET RECEIVED A COPY
MARTIN SAYS JUDICIAL SYSTEM REFLECTS “CALLOUS DISREGARD” FOR THE AMERICAN PEOPLE
(NEW YORK)(November 21, 2008) For those of you who are not familiar with the peculiar highways and byways of the judicial process, welcome to the strange ways of the court system in Hawai’i. Apparently my lawsuit in a Honolulu state court has been dismissed.
Unfortunately, I have not seen a copy of the decision. Despite the significance of the court order, I was not given a courtesy notice when it was entered in Honolulu, apparently late Wednesday, although I was in Honolulu all day on Wednesday.
Thursday all day I was traveling back to New York and was unavailable. I did not get back to New York until 8:00 A.M. Friday.
I was alerted by a reader’s e-mail that something had happened, and went to the Honolulu Advertiser’s web site where I found a complete story, http://www.honoluluadvertiser.com/article/20081121/NEWS20/811210355/1001/localnewsfront.
Obviously I was unable to respond to phone calls while in the air, and when I checked my e-mails today the Advertiser reporter had not left a phone number to call him back.
The Court did not fax my office a copy and so I have no immediate way of seeing a copy of the decision. I assume the Advertiser’s news report is a fair summary of the decision.
Depending on what the response is to a fund appeal, I will certainly appeal this decision to the Hawai’i Intermediate Court of Appeals. The trial court’s interpretation of the relevant statute appears to be a wooden reading of the law. The claim that there is a lack of historical significance to the birth certificate of a president of the United States is a classic example of how utter nonsense can exist in the judicial system.
I will solicit input from my audience as to whether they feel that pursuit of the appeal is a worthwhile venture and will proceed accordingly.
I understand how 150 million Americans are frustrated by the callous disregard which the court system has shown for access to vital, basic information about Barack Obama, the “mystery man” who has been elected president by the “Mainstream Media of the United States.”
However other than this mild criticism, I believe it is more appropriate to proceed through the judicial process, and that is the course I intend to follow on the issue of access to Barack Obama’s original, typewritten 1961 original birth certificate.”
Read more from Andy Martin here:
It seems unreal that bo has gotten this far without being pressed for his birth certificate. It seems that if there was nothing to hide, the Court and bo would have no problem providing the American people with the proof & moving forward. Why all the mystery? Who is bo that the liberal left has deemed him above the law? I pray that you continue your efforts to expose bo.
appeal Andy
appeal
How many more legal attempts must the American people be subjected to before WE THE PEOPLE understand there is an open and blatant attempt to take our government over, What we are witnessing is a bloodless coup.
How else can a NORMAL person explain the total absence of any media coverage of attempts to insure the president-elect conforms to all Constitutional requirements for that office.
How else can a normal person explain why not ONE SINGLE ELECTED OFFICIAL come foprward to challenge Obama on his birth status, even though all elected official have taken an OATH to DEFEND and PROTECT the Constitution?
How else can a normal person explain why the American voter is compelled to take Obama’s word concerning his birth status, when all evidence clearly shows he IS NOT qualified to be President?
This charade is no longer a question of wheather Obama is qualified to be President, it’s already a question of wheather our country will have a CONSTITUTION to guide us by in the future.
Every politician who now turns a b vlind eye to this issue knows if Obama is not required to prove he is qualified to be President must also know Obama will be a Usuper in office. As such he will place every military person in a position of great harm, every treaty he sings will not be valid, every bill presented to him for signature will be invalid. Our government will be in termoil, unless he thinks he can CHANGE out Constitution to his likeing. I do not believe the American people will stand for that!
It is now up to the last stand at the Supreme Court to force this Usuper to produce documents proving he is eligible for the office he seeks. Surely there is ONE true American who can stand up to this highjacking of our country.
Finally do I think there has been a conspiracy. You do not have to be a rocket scientist to see there has been. The answer lies in what has been written above. The greater question has to be WHY? WHY now, WHY him, WHY should our country go down like this? WHY is everyone so anxious to let this happen?
Are we seeing the end of our government which has worked so well for over 230 years? Is the Constitution of the United States of America, for all intent purposes, now to become a dead issue? Has Obama driven the poisoned nail in it’s coffin? We will know the answer to that question if Obama is allowed to take the OATH of office on 20 Jan 2009 without providing proof he deserves the title according to our laws.
If so, there are true patriots in America who will not go gently into the night!
According to THE TIMES magazine, I understand he is being compared to Jesus. Evidently a lot of people have not read the Bible. He may be a false prophet or even worse, but he certainly is NOT Jesus, the Messiah, or anything or anybody they want to compare him to. He is a smooth talking fraud whom so far has lied and cheated his way to the top. One of these days everything is going to catch up with him, and he may need Jesus then.
I’m starting to think that regardless f the truth no judge is ging t even consider this case r any of the others. I hope it fares better at the SCOTUS.
if this man is sworn in he will begin makng changes that our founders feared and all true patriots may have to rebel.
CQ
You gotta hear this 90 minute blogradio on why the media has a blackout of the looming Obama Birth Certificate Constitutional Crisis:
http://politicalpistachio.blogspot.com/2008/11/why-is-obamas-birth-certificate-still.html
I guess Obama took care of the Hawaii supreme court while he was there for his sick grandmother. Andy Martin never had a chance. No matter how valid the case,, the judges will still either deny or dismiss them. I’m beginning to get really scared now. No one has a chance of coming up against this two-bit thug from Chicago who has never acomplished anything but an atmosphere of mystery and secrecy. Who the heck is he anyway – Hilter?
Obama and Al Capone.
Both connected to crime and corruption in Chicago.
Al Capone was convicted on a technicality, something totally unexpected.
Obama….will it be something totally unexpected, something small?
“Pride goeth before destruction.”
It’s amazing that he’s been elected President but has not confirmed that he is a US citizen. There should be more of a background check done to prove citizenship when you’re running for President.
Appeal
I read somewhere about an interview on Youtube with Colin Powell.
Must have been recently.
Where he said something about a coming crisis in January.
Does anybody have heard that/ have that link?
What if this is a set up by Bush to stay in power?
Obama got the smooth ride, because he is the perfect target.
The democrats are just to stupid to see.
Constitutional Crisis- Martial Law.
Has anybody thought this way?
I am definetely in shock that BO got this far and how he did it and that people actually see all that in him.
I was for Hillary and he has just cheated her out of the way. Jesus? I beg You pardon?
He is a selfabsorbed poser.
I found the link
Powell on a crisis in January
http://www.youtube.com/watch?v=pLPOeQZdHYw
CW…Leo just updated his blog!!! Looks like the NJ/Judge has not filed some proper paperwork that could jeopardize the Supreme Court case???? Can you say CORRUPTION ?!?!?!?!?!
The train has already left the station and is going about 90 miles a hour. The only way to stop this train is by MASSIVE protest!!
Look what hapened to Prop 8 in CA. The voters said no to gay marriages and what did the gays do…. PROTESTED and PROTESTED. Now it appears that the will of the people will once again go to the CASC Black Robe Society. This is an outrage, even girlyman Arnold has stated that prop 8 should be overturned. Forget what the people want. We are ALL being sucked into a black hole.
As a way to protest, go to web site “World net Daily” and sign the petition DEMANDING Obama produce his birth certificate!
A 100,000 signatures would be nice, but a MILLION would be better!!
If we are ever harmed by Obama can we sue these judges ?
Tonight the entire site http://www.blogtext.org went down and Lans show had several crashed servers?Have these sites and radio stations been “hacked”???? Man, this thing is getting really freaky 😦 I’m a little concerned for Leos life 😦 I mean his case has the potential of completely crushing Obama and the DNC and every other corrupt organization in the world that donated to this cause. I mean hundreds of millions if not billions of dollars are at stake here!!!
I sure hope the FBI is watching him 😦 I’m really afraid for this man 😦
We are free citizens of the GREATEST REPUBLIC in history!
Every historian knows that original and authentic documents plug the holes in tales of friends and foes.
Why are Abraham Lincoln’s Gettysburg Address (“government of the people by the people and for the people”), and 2nd Inaugural Address (“with malice towards none with charity for all”) carved in stone on the walls of the Lincoln Memorial? Because they both went AGAINST the grain of our nation’s history, yet they radically changed the course of our nation’s history!
We are free citizens of the GREATEST REPUBLIC in history!
And the majority of us voted for Barack Obama: we took upon ourselves to change the course of our nation’s history!
And, as we stand here on the threshold of the change we freely chose — WHAT? We are here left waiting . . . waiting . . . waiting!
The original and authentic document that should plug the holes in the tales of foes –WHERE is it?
Are we to conclude that the REAL reason that it has not been released, is that there is NONE to release?!
We are free citizens of the GREATEST REPUBLIC in history! Are YOU, Barack Obama, as you claim, TRULY one of us?
If you are, now you PROVE IT, or step aside!
Because, without that PROOF, we, THE FREE CITIZENS OF THE GREATEST REPUBLIC IN HISTORY, will know that you are not.
Obama has all the power. We are in a world of trouble.
I guess the Constitution is out the window.
If a president-elect is keeping secrets, that, alone is proof of harm to our constitution and the people. The judges are corrupt and part of a world movement to destroy our constitution and take over our country.
There IS evidence that OB is NOT qualified to be president.
Appeal, you just may get lucky and find a judge who is honest.
APPEAL
off subject
Been researching Paulson lately… his “crisis alarm” rang at such an opportune time for BO…. feels too contrived to me. Especially when he knows if the USA hiccups, the rest of the world pukes.
While his history is on both sides of the fence, you can’t get more liberal than being on the board for the Nature Conservancy.
This WHOLE thing stinks. Our politicians are either not smart enough to figure it out, or they are too lazy.
Oops! Early morning TYPO — Sentence should read “TRULY one of, by and for us” referring, of course, to Lincoln’s Gettysburg Address.
However, the situation remains the same: Obame has not produced a SINGLE WITNESS to where he was born.
It’s at the point now where it looks like the STATE of HAWAII is NOT going to release the evidence prepared by witnesses, because they have NO evidence prepared by WITNESSES! And, it sure looks like Barack Obama has NO evidence prepared by WITNESSES, either!
To sum all of this up, the only WITNESS he has is his Kenyan grandmother, saying his was born in Kenya, and as someone already has (perceptively) noticed, “grandmothers do not lie!” That’s the sum total of all of the witnesses we’ve got!
Instead, what this GREATEST REPUBLIC on earth has standing in our midst, is someone trying to buy a way into the White House and the control of Congress!
Hi CW,
Here’s Leo Donofrio’s “last edited” web page; Nov 21, 2008 @8:25 pm, before his site went down. This is a Google cached page, so don’t worry about the IP address that appears in the web address.
http://64.233.169.132/search?q=cache:ScQJM5XMP68J:www.blogtext.org/naturalborncitizen/+http://www.blogtext.org&hl=en&client=safari&gl=us&strip=1
Thanks CW.
Thanks Lurker, This is insane. Why are the obots spending all this time, money and effort to scrub all of these sites if Obama is actually eligible. That in it self is proof that he is NOT eligible. I just tried to listen to last nights show on plains radio with Leo, it also will not come up. Now I am going to try and listen to Lans radio show with Leo. Hope I have better luck.
This is starting to sound like the Terri Schiavo case, only ONE BIG DIFFERENCE: they covered that up claiming “husband rights.” But this case they are completely disregarding all USA citizens entire USA and the Constitution.
So basically what I am hearing is if they do not uphold the Constitution and all laws thereof; they render the Constitution null and void AND THEREBY RENDER OBEYING THE LAWS THEREOF. But if the Constitution is invalid, then monster Obama’s authority is also null and void.
It’s happening in slow motion so the masses don’t get wind of it. We see it. But basically through the years the media has somehow become a powerful arm of the government, if it ain’t on the MSM then it doesn’t exist.
Either way, I denounce Obama and all who are with him and I will not bow or recognize any authority thereof.
What’s next, distributing the wealth and microchips and an image being erected of Obama for worship? Don’t laugh, it’s really not that hard to imagine.
Make sure your passports are current and if you don’t have one, spend the $100 and get one.
But by all means keeping fighting the good fight.
Do they really call him “President Obama”?
How is that possible? As far as I understood, a majority of the electors voted in the recent elections are those dedicated to Obama, but from there to calling him “President” already is quite a faux-pas for someone who is supposed to be judging and writing legal opinions. He isn’t technically even president elect yet. President-designate would be about as close as one could LEGALLY claim at this moment. And since we are trying to discuss legalities, the court opinion would seem totally inappropriate.
It would show a clear lack of understanding of the electoral process, which would clearly lead to a complete misunderstanding of the interest of the plaintiff.
The people behind the concealment are literally playing with a time bomb. If they think for one minute millions of Americans are going to sit idly by while the constitution is wrested from them they are sorely mistaken. They need to deal with this issue prior to his coronation. There will absolutely be civil unrest in this country the likes that has never been seen before. This is just a simple observation on my part but anyone with two brain cells to rub together can see it coming.
ATTN: The Supreme Court CANNOT duck Obama’s Birth Certificate Constitutional Crisis — listen to the entire 90 minute blogradio program (and learn why the media has a blackout on the issue) — the messiah will NOT become President:
http://politicalpistachio.blogspot.com/2008/11/why-is-obamas-birth-certificate-still.html
We are indebted to you sir for your efforts. Stay the course by all means!
Thank you for your kind words.
It has been a lot of work but I am honored to be a part of this effort.
I could not have accomplished nearly as much without the help from so many concerned Americans.
We are all in this together.
God bless.
We the people have the right to know who Obama really is and if he meets the Constitutional requirements to be our president. It seems that so far nobody has the “standing” to check whether the birth certificate in Hawaii is legal. Are we already in a Marxist country where people have no “standing”, no rights?
Word Net Daily announced the launching of an online petition designed to enlist the public’s help in demanding evidence of Barack Obama’s constitutional eligibility for the office of the presidency. http://www.wnd.com/index.php?fa=PAGE.view&pageId=81585
The electronic petition calls on all controlling legal authorities to take seriously the matter of where and when and to whom Obama was born and whether he qualifies as a “natural-born American citizen,” according to Article 2, Section 1 of the Constitution.
With a corrupt media that criminally contributed to brainwash Americans so they would elect a Marxist president, people like Andy Martin, Philip Berg and Alan Keyes who defend the U.S. Constitution at the risk of being destroyed by that media are courageous. They deserve the gratitude of all thinking Americans.
Most Americans were FOOLED. Almost everything about Obama is FAKE, including possibly his birth certificate. The Obama image was manufactured by a very expensive campaign, financed mostly by U.S. enemies such as George Soros.
Just who is Obama? From information Obama has tried to hide, what we know is that Obama is a Marxist who hates America, just like his parents, mentors relatives, friends and associates.
When not reading professionally written speeches, Obama’s Marxism was revealed by words such as “spread the wealth.” In the last debate, Obama repeated Chavez’s propaganda against Colombia, the only true friend the U.S. has in Latin America. Obama is already harming our friends and harming our country!
Many Americans turned out to be as clueless as the most ignorant Venezuelans, Bolivians and Ecuadorians who believed in CHANGE and YES WE CAN and now see that CHANGE means change toward Marxism, loss of freedom and rights, and greater poverty, despair and corruption. And YES WE CAN means Marxists CAN fool people.
It seems Soviet defector Yuri Bezmenov was right when he warned that, through media manipulation, Americans would be brainwashed and would allow their country to be taken over by Marxists: http://www.dailymotion.com/video/k6KUDv1wzraWhwlBt1
If Obama does not have a legitimate U.S. birth certificate, the Court must decertify the election. Americans have the right to be protected from Marxists planted by U.S. enemies to destroy us.
Andy,
Please proceed. However, you may want to reconsider the basis of your suit. You could
have better standing if you claim that under the freedom of information act, all you need is verification that either of the two hospitals
HAVE records which they need to protect
relating to BHO on Aug 4, 1961. If they
do have records, it is a good thing for BHO.
If they do NOT have records, he could have been born under tha aid of a “midwife” possibly in Hawaii. You really do NOT need to see the records. You need NOT ask for access to such
records. What you need to know is whether the hospitals are doing their work or whether they are adding confusion to the public.
Joseph
Antonio Sosa,
Standing (or not) should not hold us back.
You cannot have just anybody who wants, file some complaint relating to how the constitution is being interpreted. If you had asked that your
name be placed on the ballot, you would have
“standing” because (you could claim) Barack
Obama is not qualified. In this respect, Alan Keyes does have standing. However, most
lawyers will tell you that the term “standing”
is not a true legal issue anyway. We need to
move on. You and I can write to our representatives and ask that they petition
for BHO to produce actual (long form) documents about his birth in Hawaii.
Perhaps, you could suggest to Philip Berg to try finding people who have real reasons
for filing suit against BHO in states which have
a high number of electoral votes and then
helping these people file proper law suits.
Joseph
against BHO.
Don’t worry, after the Obamessiah becomes Supreme Ruler, he will abolish all Birth Certificates.
We will only have Earth Certificates on which we are forced, at gunpoint, to pledge our undying allegience to Mother Earth as created by Lord Obama.
I have a relative that works in Washington, He works for the Security Dept. The proper people have seen the birth certificate, including the Republicans. This is a dead cat and doesnt merit any further investigation. Lets move one so Republicans can rebuild their trust in America and possibly win in 2012, I just hope Palin has nothing to do with it.
Alex, What birth Certificate did they see? Was it an actual Certificate with Parent’s and Doctor’s Signatures? If you are referring to the fraud on line, not good enough.
Here is an interesting conversation!