Insufficient public interest?

Insufficient public interest?

between the lines

Joseph Farah

Posted: November 24, 2008
1:00 am Eastern

© 2008 World Net Daily

Another lawsuit attempting to obtain a copy of Barack Obama's Hawaiian birth certificate was thrown out Friday by a judge who said there was "insufficient evidence to indicate that the public interest supports" the document's release.

Judge Bert Ayabe upheld arguments from Republican Gov. Linda Lingle's office, which, inexplicably, has fought tooth and nail to protect the birth certificate from public scrutiny even though it remains the key to establishing whether the man elected to be the next president is actually eligible under the Constitution.

Ayabe ruled that Andy Martin, the man who filed the suit, did not have standing under state law because he did "not have a direct and tangible interest in the vital statistic records being sought, namely the birth certificate of President Obama."

Yes, you read that right. The judge in the case not only denied the motion, he also elevated Obama to the presidency before the Electoral College votes and before the Inauguration takes place Jan. 20. Is it any wonder he didn't understand the constitutional issues at stake?

But it is that other excuse for not releasing the document that really has me bugged – "insufficient evidence to indicate that the public interest supports" the release.

Let me point you to Exhibit A in the evidence-of-public-interest department: It is a petition I launched Friday to all controlling legal authorities – Congress, Supreme Court, Federal Elections Commission, Electoral College, etc. – urging scrutiny of the original birth certificate and release of facsimile to the public.

Within 24 hours, 24,000 people had signed up.

Within 48 hours, 48,000 people had signed up.

Do you see a pattern here?

It appears to me that about 1,000 people per hour are signing this petition. I would say that is evidence indicating public interest, wouldn't you?

I tell you this because there are other judges who will be ruling in the days ahead. Even the U.S. Supreme Court is going to review this issue soon. That's why it is imperative that the public makes its voice heard.

You now have that opportunity on this petition.

I urge you to e-mail it to all your friends.

Do you know people concerned about this birth-certificate issue?

Do you know Americans who still care about little matters like constitutional eligibility for presidents?

Do you know others who will put their names to this petition and pass it along?

Then put your name to it and e-mail it to your entire Christmas card list.

I'm not asking you to march in the streets of Washington.

I'm not asking you to send money for a courtroom battle.

I'm not asking you to write to your congressman.

I'm asking you to take about 90 seconds to put your name and e-mail address on the petition and send it to others.

I believe it can make a profound difference.

At the current rate, before the end of December, we'll have 1 million signed up on this petition. We can get there faster if you can help me circulate it beyond WND readers.

I would think a petition of 1 million names would be sufficient evidence of public interest for nearly any judge.

Keep in mind, this has been achieved with no coverage outside WND. If we get some help from talk radio and some of my eminent colleagues in the news media, who knows where it can go.

But they'll take notice more quickly if you get involved. I need this miracle petition to continue to grow at the current pace or faster. Can you help me?

Show them you are watching. Show them you are awake. Show them you do care. Show them you read the Constitution. Show them this is still America, the land of the free, the home of the brave, where the rule of law reigns supreme and the will of the people prevails. Sign the petition.

Spread the word.

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Joseph Farah is founder, editor and CEO of WND and a nationally syndicated columnist with Creators Syndicate. His book "Taking America Back: A Radical Plan to Revive Freedom, Morality and Justice" has gained newfound popularity in the wake of November's election. Farah also edits the online intelligence newsletter Joseph Farah's G2 Bulletin, in which he utilizes his sources developed over 30 years in the news business.

http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=81865


HONOLULU, HAWAII

http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20081121/NEWS20/811210355/1001/localnewsfront

Posted on: Friday, November 21, 2008

Obama certificate lawsuit dismissed
Judge says Net author Martin had no standing to get birth document


By Jim Dooley
Advertiser Staff Writer

A Circuit Court judge has dismissed Internet author Andy Martin's lawsuit seeking to obtain a copy of President-elect Barack Obama's Hawai'i birth certificate.
Advertisement

Judge Bert Ayabe upheld arguments from Gov. Linda Lingle's administration that Martin — a political opponent of Obama — had no standing under state law to obtain a copy of the document.

The decision, issued late Wednesday, first denied Martin's "emergency motion" for production of the birth certificate.

Martin "does not have a direct and tangible interest in the vital statistic records being sought, namely the birth certificate of President Obama," Ayabe wrote.

Martin did not fall into any category of persons defined under state law as having a legal right to the record, said the judge.

Ayabe wrote that Martin also failed to demonstrate that "irreparable harm will occur if the records are not provided to the plaintiff."

And Martin provided "insufficient evidence to indicate that the public interest supports" release of the record, Ayabe ruled.

"There is a reasonable belief that the public would rather preserve confidentiality of vital health records," the judge wrote.

After denying the emergency motion, Ayabe then granted a motion filed by the state attorney general's office for dismissal of the suit.

He cited Martin's "lack of standing" and also ruled that Martin never legally served Lingle and state Health Department director Dr. Chiyome Fukino with a copy of the legal complaint.

Attempts to reach Martin for comment yesterday by telephone and e-mail were unsuccessful.

Fukino has said that her office has been barraged by requests for copies of the birth certificate, driven in part by Internet assertions that Obama was not born in Honolulu or the United States and is not eligible to serve as president.

The Obama political campaign posted a copy of the document on its Web site, but that did not satisfy doubters because the official state seal was not visible and because the official certificate number had been blacked out.

Before the election, Fukino issued a statement saying that she and the registrar of vital statistics had personally examined the birth certificate and found it to be valid.

Martin, a New York-based blogger and self-described head of the "Stop Obama Coalition," moved temporarily to Hawai'i and filed the lawsuit late last month.

Ayabe originally scheduled the first legal hearing for Nov. 7, and Martin then unsuccessfully petitioned the state Supreme Court for an expedited hearing before the Nov. 4 general election.

A brief hearing on the issue was held Tuesday before Ayabe.

Martin said in a Wednesday entry on his blog that he was launching a "national conversation on how to oppose Barack Obama," and the first in a series of meetings on the subject was held Wednesday night at Ala Moana Park.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.