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Context of 'July 30, 2009: Military Reporter: Army ‘Refused to Be Baited’ in Birther Deployment Lawsuit'

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Obama’s birth certificate, obtained from the Hawaii Department of Health.Obama’s birth certificate, obtained from the Hawaii Department of Health. [Source: FightTheSmears (.com)]Senator Barack Obama (D-IL), running for the Democratic nomination for president, releases a digitally scanned copy of his Hawaiian birth certificate. His campaign is responding to persistent rumors that he is not a legitimate American citizen. In the process of releasing the certificate, Obama’s campaign also launches a Web site called Fight The Smears, devoted to debunking the allegations that, among other things, Obama is not a citizen, he is a closet Muslim, he took his oaths for political office on a copy of the Koran, he refuses to say the Pledge of Allegiance, and other falsehoods. As Obama was born in Kapiolani Maternity & Gynecological Hospital in Honolulu at 7:24 p.m. on August 4, 1961, his birth certificate comes under Hawaiian state law, and those laws state birth certificates are not public records. Only the individuals, or immediate family members, may request copies. The copy of the birth certificate released by the Obama campaign confirms that his name is legitimately “Barack Hussein Obama,” not “Barack Muhammed Obama,” “Barry Soetoro,” or other claimed variants, and states that Obama’s mother is Stanley Ann Dunham, an American, and his father is Barack Hussein Obama, an “African.” The birth certificate release only inflames the “birther” claims that Obama is hiding his true citizenship, religion, political alliances, and other such personal facts (see June 27, 2008). [St. Petersburg Times, 6/27/2008; St. Petersburg Times, 7/1/2009; Honolulu Advertiser, 7/28/2009]

Entity Tags: Barack Obama, Ann Dunham, Kapiolani Maternity & Gynecological Hospital, Barack Obama, Sr

Timeline Tags: Domestic Propaganda, 2008 Elections

A photograph of the actual Hawaiian birth certificate of Barack Obama, being held by FactCheck (.org) writer Joe Miller.A photograph of the actual Hawaiian birth certificate of Barack Obama, being held by FactCheck (.org) writer Joe Miller. [Source: FactCheck (.org)]FactCheck (.org), a non-partisan arm of the Annenberg Public Policy Center of the University of Pennsylvania, certifies that its experts have verified that the birth certificate released by Senator Barack Obama (D-IL) is valid (see June 13, 2008). Since the release of the digitally scanned image, a firestorm of controversy (see July 20, 2008) has erupted over the authenticity of the certificate, even after Hawaiian officials verified its validity (see June 27, 2008) and the discovery of a printed birth announcement from a Honolulu newspaper (see July 2008). FactCheck notes that much of the controversy has been sparked by author Jerome Corsi, whose recent book Obamanation makes a host of negative claims against Obama (see August 1, 2008 and After), and who has told a Fox News interviewer that the birth certificate the campaign has is “fake” (see August 15, 2008). FactCheck releases the following statement: “We beg to differ. FactCheck.org staffers have now seen, touched, examined, and photographed the original birth certificate. We conclude that it meets all of the requirements from the State Department for proving US citizenship. Claims that the document lacks a raised seal or a signature are false. We have posted high-resolution photographs of the document as ‘supporting documents’ to this article. Our conclusion: Obama was born in the USA just as he has always said.” The actual certificate is in the hands of Obama campaign officials in Chicago, FactCheck reports, and has the proper seals and signature from Hawaiian registrar Alvin Onaka.
Certificate Meets Requirements for State Department Passport Issuance - FactCheck reports: “The certificate has all the elements the State Department requires for proving citizenship to obtain a US passport: ‘your full name, the full name of your parent(s), date and place of birth, sex, date the birth record was filed, and the seal or other certification of the official custodian of such records.’ The names, date and place of birth, and filing date are all evident on the scanned version, and you can see the seal above” in a photograph reproduced on FactCheck’s Web site.
'Short Form' Certificate - The copy possessed by the Obama campaign is called a “short form birth certificate.” The so-called “long form” is created by the hospital in which a child is born, and includes additional information such as birth weight and parents’ hometowns. The short form is what is provided by Hawaiian officials upon receiving a valid request for a birth certificate: It “is printed by the state and draws from a database with fewer details. The Hawaii Department of Health’s birth record request form does not give the option to request a photocopy of your long-form birth certificate, but their short form has enough information to be acceptable to the State Department.”
Scan Artifacts - The digitally scanned version released by the Obama campaign does indeed show “halos” around the black-text lettering, prompting some to claim that the text may have been copied onto an image of security paper. However, FactCheck writes, “the document itself has no such halos, nor do the close-up photos we took of it. We conclude that the halo seen in the image produced by the campaign is a digital artifact from the scanning process.”
Date Stamp, Blacked-Out Certificate Number - The digital scan also contains an unusual date stamp and a blacked-out certificate number. Campaign spokesperson Shauna Daly explains that the certificate is stamped July 2007 because that is when Hawaiian officials produced it for the presidential campaign. The campaign did not release a copy until mid-2008, leading some to speculate that the date stamp proved the digital scan was a forgery. Of the certificate number, Daly says that the campaign “couldn’t get someone on the phone in Hawaii to tell us whether the number represented some secret information, and we erred on the side of blacking it out. Since then we’ve found out it’s pretty irrelevant for the outside world.” FactCheck writes, “The document we looked at did have a certificate number; it is 151 1961 - 010641.”
'African' Father - Obama’s father, Barack Obama Sr., is listed on the certificate as “African,” sparking claims that Obama is actually of Kenyan citizenship. Kurt Tsue of the Hawaii Department of Health tells FactCheck that the father and mother’s race are told to officials by the parents, and thusly “we accept what the parents self identify themselves to be.” FactCheck writes: “We consider it reasonable to believe that Barack Obama Sr. would have thought of and reported himself as ‘African.’ It’s certainly not the slam dunk some readers have made it out to be.”
Differences in Borders - The “security borders” on the digital scan do indeed look slightly different from other examples of Hawaii birth certificates. Tsue explains: “The borders are generated each time a certified copy is printed. A citation located on the bottom left hand corner of the certificate indicates which date the form was revised.” He also confirms that the information in the short form birth certificate is sufficient to prove citizenship for “all reasonable purposes.” [FactCheck (.org), 8/21/2008]

Entity Tags: Kurt Tsue, Barack Obama, Barack Obama, Sr, Annenberg Public Policy Center, Alvin Onaka, Hawaii Department of Health, Shauna Daly, Jerome Corsi, FactCheck (.org)

Timeline Tags: Domestic Propaganda

Hawaii’s Director of Health Dr. Chiyome Fukino says she and the registrar of vital statistics, Alvin Onaka, have personally verified that the Hawaii Department of Health holds Senator Barack Obama (D-IL)‘s original birth certificate (see June 13, 2008, June 27, 2008, July 2008, and August 21, 2008). Fukino says that she has “personally seen and verified that the Department of Health has Senator Obama’s original birth certificate on record in accordance with state policies and procedures.” Fukino and Onaka thereby verify that Obama is, indeed, an American citizen. Fukino releases the statement in an attempt to stem the tide of conspiracy theories that assert Obama is not a US citizen—“birtherism”—and therefore cannot be eligible to be president. Fukino adds that no state official, including Governor Linda Lingle (R-HI), ever issued instructions that Obama’s certificate be handled differently. Hawaii state law prohibits the release of the so-called “long form” birth certificate to anyone who does not have a tangible interest; state law says that the “short form” the state releases to its citizens, and that Obama has long ago made public (see June 13, 2008), is legal and valid in and of itself. State courts in Ohio, Pennsylvania (see August 21-24, 2008), and Washington State have recently dismissed court challenges to Obama’s citizenship. [FactCheck (.org), 8/21/2008; Associated Press, 10/31/2008] Fukino tells a Honolulu reporter: “This has gotten ridiculous (see July 20, 2008). There are plenty of other, important things to focus on, like the economy, taxes, energy.” Asked if this “[w]ill be enough to quiet the doubters,” Fukino responds: “I hope so. We need to get some work done.” [FactCheck (.org), 8/21/2008]

Entity Tags: Chiyome Fukino, Linda Lingle, Alvin Onaka, Hawaii Department of Health, Barack Obama

Timeline Tags: Domestic Propaganda

Alan Keyes.Alan Keyes. [Source: WorldNetDaily (.com)]Alan Keyes (R-IL), the unsuccessful presidential candidate who ran under the American Independent Party banner, files a petition, Keyes v. Bowen, with the Superior Court of California in Sacramento. The action is filed by Gary Kreep of the United States Justice Foundation on behalf of Keyes, along with well-known “birther” lawyer Orly Taitz. Two California electors, Wiley S. Drake and Markham Robinson, are also named with Keyes in the action. Keyes’s “Petition for Writ of Mandate” claims that President-elect Barack Obama (D-IL)‘s US citizenship is unproven (see (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, and October 30, 2008) and therefore he must be stopped from taking office until it is proven one way or the other. “Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void,” the petition states, “Petitioners, as well as other Americans, will suffer irreparable harm in that (a) usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal.” The petition requests that Secretary of State Debra Bowen be prevented “from both certifying to the governor the names of the California Electors, and from transmitting to each presidential Elector a Certificate of Election, until such documentary proof is produced and verified showing that Senator Obama is a ‘natural born’ citizen of the United States and does not hold citizenship of Indonesia, Kenya, or Great Britain.” It continues with a request for a writ barring California’s electors from signing the Certificate of Vote until documentary proof is produced. The defendants include Bowen, Obama, Vice President-elect Joseph Biden (D-DE), and the 55 California electors. The petition uses a fraudulently edited audiotape (see October 16, 2008 and After) as primary evidence that Obama was born in Kenya and is therefore ineligible to be president. Referring to the tape’s transcript, and a previously dismissed lawsuit by Philip Berg (see August 21-24, 2008) currently using the same audiotape to justify an appellate reversal, Keyes writes, “Mr. Berg provided documents [to the Supreme Court] to the effect that Senator Obama was born in what is now Kenya… and that his paternal grandmother was present at his birth.” The petition states as a “fact” that Obama’s paternal grandmother stated that “she was present during [his] birth… [she] affirmed that she ‘was in the delivery room in Kenya when he was born Aug. 4, 1961.’” The suit asks that the court issue an immediate injunction prohibiting California’s 55 electors from voting for Obama in the upcoming Electoral College vote on December 15, 2008, which would prevent Obama from being officially declared president. Keyes’s writ asks that documentary proof be received and verified by the California secretary of state that the allegations are false and that Obama is affirmatively proven to be a “natural born citizen” by a series of tests not required of any previous president-elect. Investigative blogger Greg Doudna will speculate that Keyes’s extraordinary actions have been sparked in part because he has now been twice defeated by Obama in elections; Obama defeated him in an Illinois election for US Senate in 2004. [Keyes et al v. Bowie et al, 11/13/2008 pdf file; WorldNetDaily, 11/14/2008; Sacramento Union, 11/15/2008; Greg Doudna, 12/9/2008 pdf file] After filing the lawsuit, Keyes tells a reporter: “I and others are concerned that this issue be properly investigated and decided before Senator Obama takes office. Otherwise there will be a serious doubt as to the legitimacy of his tenure. This doubt would also affect the respect people have for the Constitution as the supreme law of the land. I hope the issue can be quickly clarified so that the new president can take office under no shadow of doubt. This will be good for him and for the nation.” [Sacramento Union, 11/15/2008]
'Pure Garbage' - An Obama spokesperson tells WorldNetDaily: “All I can tell you is that it [the petition] is just pure garbage. There have been several lawsuits, but they have been dismissed.” [WorldNetDaily, 11/13/2008]
Affidavit from Phony 'Computer Graphics Expert' - Self-described “computer graphics expert” “Dr. Ron Polarik,” a conservative blogger, records a video (that blurs his face and disguises his voice) explaining how the actual Obama birth certificate was forged using Photoshop. Polarik submits an affidavit in support of the filing, but because he signs it “XXXXXXXXXXX,” the affidavit is inadmissible. Kreep later tells a reporter, “If it ever comes down to it, we’ll use his real name.” [Washington Independent, 7/24/2009] The Berg lawsuit also used material supplied by Polarik. Computer forensics expert Dr. Neal Krawetz later determines that Polarik’s analysis is a clumsy fraud perpetuated by an amateur with no real expertise. [Neal Krawetz, 11/25/2008; Washington Independent, 7/24/2009; Hacker Factor, 2011] Libertarian lawyer Loren Collins later traces a timeline of what he will call Polarik’s “ever-changing resume,” and questions Polarik’s claims to his several doctorates and areas of expertise. [Loren Collins, 7/7/2009] Collins later discovers that “Polarik” is actually a man named Ronald Jay Polland, who holds a doctorate in instructional systems, has experience conducting surveys and statistical reports, operates a one-man consulting firm in Florida, and describes himself on his MySpace page as an “[e]xpert advisor on relationships, romance, and… dating.” Polland’s resume, unlike “Polarik’s,” claims no expertise in document forensics, computing systems, or graphics. [Loren Collins, 7/29/2009] Krawetz will learn that Polland claimed to use a pseudonym on the Internet because “he fears threats from Obama supporters.” [Neal Krawetz, 11/25/2008]

Entity Tags: Debra Bowen, Loren Collins, Gary Kreep, Greg Doudna, Joseph Biden, Markham Robinson, Neal Krawetz, Barack Obama, Wiley S. Drake, Alan Keyes, Philip J. Berg, Orly Taitz, US Electoral College, United States Justice Foundation, Ronald Jay Polland

Timeline Tags: Domestic Propaganda, 2008 Elections

A lawsuit filed by failed presidential candidate Alan Keyes and handled by lawyers Orly Taitz and Gary Kreep (see November 12, 2008 and After) is dismissed by the Superior Court of California. The lawsuit asked that since President Obama’s US citizenship is “unproven,” the court bar him from serving as president until the issue is “resolved.” [Superior Court of California, 3/13/2009] Appeals of the lawsuit, going all the way to the California Supreme Court, will be dismissed as well. [Disposition: Keyes v. Bowen, 2/2/2011]

Entity Tags: Barack Obama, Orly Taitz, Gary Kreep, Alan Keyes

Timeline Tags: Domestic Propaganda, 2008 Elections

Lawyer Orly Taitz (left) and Army Reserve Major Stefan Cook, during an interview for a television news crew.Lawyer Orly Taitz (left) and Army Reserve Major Stefan Cook, during an interview for a television news crew. [Source: Anna Raccoon (.com)]US Army Reserve Major Stefan Frederick Cook says he should not be deployed to Afghanistan because President Obama is not a US citizen and therefore lacks the constitutional authority to order troops to do anything. Cook’s counsel, “birther” lawyer Orly Taitz (see November 12, 2008 and After and March 13, 2009), files a request in the US District Court for the Middle District of Georgia asking that the court bar Cook from deploying, and seeking conscientious objector status for her client. Taitz says in the filing that Cook believes Obama is not a natural-born citizen of the United States (see June 13, 2008, August 21, 2008, October 30, 2008, and July 28, 2009) and therefore has no obligation to obey orders from his superior officers that generate from Obama. Moreover, the filing says, Cook “would be acting in violation of international law by engaging in military actions outside the United States under this president’s command.… simultaneously subjecting himself to possible prosecution as a war criminal by the faithful execution of these duties.” Cook is ordered to mobilize for active duty tomorrow. He is to report to MacDill Air Force Base in Tampa, Florida, and then report to Fort Benning, Georgia, for overseas deployment. A week later, the Army revokes Cook’s deployment orders, instead ordering Cook to await an upcoming hearing on his court filing. Army Public Affairs Officer Lieutenant Colonel Maria Quan says that reservists such as Cook have the right to ask for revocation of their orders up to the day they are scheduled to report for active duty, but adds that Cook has not asked for such revocation. The Army has learned that Cook volunteered for deployment in May 2009, while simultaneously conferring with Taitz to file the complaint. [Columbus Ledger-Enquirer, 7/14/2009; Columbus Ledger-Enquirer, 7/14/2009] Cook has posted on the Free Republic, a far-right Web site and forum, for six years under the moniker “roaddog727.” As early as March 2010, Cook had exchanged emails with Taitz, suggested that he was one of a number of plaintiffs in a class-action lawsuit challenging Obama’s citizenship, and had posted a long discourse on Obama’s lack of citizenship on the Free Republic. Taitz has repeatedly solicited soldiers to take part in her anti-Obama lawsuits. [Washington Independent, 7/14/2009; Mudville Gazette, 7/15/2009] On July 16, the day of the hearing, Cook is joined in the complaint by retired Army Major General Carol Dean Childers and active reserve Air Force Lieutenant Colonel David Earl Graeff. The government says that because Cook’s orders have been revoked, the complaint filed by Taitz is “moot”: “The commanding general of SOCCENT (US Special Operations Central Command) has determined that he does not want the services of Major Cook, and has revoked his deployment orders.” Taitz revises the complaint to add Childers and Graeff to the suit, “because it is a matter of unparalleled public interest and importance and because it is clearly a matter arising from issues of a recurring nature that will escape review unless the Court exercises its discretionary jurisdiction.” The lawsuit now says the injunction is necessary to encompass the possibility of Cook receiving future orders for deployment as well as to address and prevent “negative collateral consequences such as retaliation against” Cook. The filing notes that Cook lost his job at defense contractor corporation Simtech because of the lawsuit, and complains that Cook is the target of “gossip” from people who believe he was “manipulating his deployment orders to create a platform for political purposes.” [Columbus Ledger-Enquirer, 7/16/2009] Federal judge Clay Land dismisses the suit, siding with the defense which calls the lawsuit “moot.” Land rules: “Federal court only has authority of actual cases and controversies. The entire action is dismissed for lack of subject matter jurisdiction.” Cook says after the ruling: “I love the Army and I want to continue to serve in the Army. If we can establish that [Obama] is in fact president of the United States legally, I’m on the airplane the next day over to Afghanistan… if they cut my deployment orders, so I can do the job that I want to do.… If one cannot establish the validity and legality of the order… we would be following illegal orders and subject to prosecution. I could be prosecuted by the Uniform Code of Military Justice and if captured I would not be privy to protections under the Geneva Convention.” [Columbus Ledger-Enquirer, 7/16/2009] Taitz claims victory. The military has shown its cards “and they have nothing to play with,” she says. “By revoking the orders, it’s clear to anybody. Think reasonably: Why would the military undermine itself by revoking its orders?” She says the Army revoked Cook’s orders because the government could not prove in court that Obama was born in the United States and is therefore the legitimate commander in chief. CENTCOM spokesman Lieutenant Commander Bill Speaks calls Taitz’s claim “ridiculous” and Cook’s position “a bizarre conspiracy theory. Suffice to say [that revoking the orders] is certainly not an acknowledgement or validation in any way of his claims.” [Stars and Stripes, 7/30/2009]

Entity Tags: Orly Taitz, Maria Quan, Clay Land, Carol Dean Childers, Free Republic, Bill Speaks, US Department of the Army, Stefan Frederick Cook, David Earl Graeff, Barack Obama

Timeline Tags: US Military, Domestic Propaganda

Hawaii’s health director, Dr. Chiyome Fukino, releases a second statement that verifies President Obama was indeed born in Hawaii on August 4, 1961, and therefore is a valid US citizen. Fukino is responding to persistent rumors that Obama is not a valid US citizen and therefore is ineligible to serve as president. The statement reads: “I, Dr. Chiyome Fukino, director of the Hawaii State Department of Health, have seen the original vital records maintained on file by the Hawaii State Department of Health verifying Barack Hussein Obama was born in Hawaii and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago.” Fukino released a similar statement before the 2008 presidential election (see October 30, 2008), which was derided by “birthers” who are convinced Obama is not a true American citizen. CNN’s Lou Dobbs has demanded to see Obama’s “long form” birth certificate, even though Hawaiian law states that all such documents remain under lock and key and are not publicly released; Dobbs continues to push the “birther” story on his nightly talk show, even though CNN’s US president Jon Klein has told Dobbs’s staffers that the issue is a “dead” story. Birthers dispute the fact that Obama was born in Kapiolani Maternity & Gynecological Hospital in Honolulu on August 4, 1961, despite the release of a verified copy of the certificate (see June 13, 2008, June 27, 2008, and August 21, 2008), court rulings, and statements by Fukino and Hawaiian Governor Linda Lingle (R-HI). [Honolulu Advertiser, 7/28/2009]

Entity Tags: Chiyome Fukino, Barack Obama, Lou Dobbs, Linda Lingle, Kapiolani Maternity & Gynecological Hospital, Jon Klein

Timeline Tags: Domestic Propaganda

Stars and Stripes, the official news outlet for the US military, publishes an analysis of a lawsuit filed by Army reservist Major Stefan Cook, who asked a court to stop his deployment to Afghanistan because of his doubt that President Obama is a US citizen and therefore lacks the authority of commander in chief. The lawsuit was dismissed after the Army rescinded its deployment orders for Cook (see July 8-16, 2009). Stars and Stripes reporter Megan McCloskey writes: “[T]he Army reservist’s intention appeared not so much to fight for America as to fight against President Barack Obama, in furtherance of a bizarre conspiracy theory.… Cook is one of the so-called ‘birthers,’ a small group of activists who subscribe to a fringe conspiracy theory alleging that Obama was not born in the United States and therefore cannot legally serve as president. The conspiracy theory, proven false by numerous media investigations as well as officials in the state of Hawaii where Obama was born (see June 13, 2008, August 21, 2008, October 30, 2008, and July 28, 2009), first surfaced early in the presidential campaign, but in recent months it has continued to fester on the Internet.” McCloskey theorizes that the lawsuit was engendered by Cook’s attorney, “birther” lawyer Orly Taitz (see November 12, 2008 and After and March 13, 2009), in order to “gain [her] a few more minutes of screen time on the cable news networks. Taitz, a Russian-born dentist who got her law degree online, is the public face of the birthers. She has been trying to get the conspiracy theory heard in court since before the election. So far, all of the lawsuits brought by the birthers have been summarily dismissed.” The Army, McCloskey writes, “refused to be baited” by this lawsuit. Lieutenant Colonel Holly Silkman, a spokesperson for SOCCENT (US Special Operations Central Command), says Cook’s critical engineer billet could not be “hijacked by further legal wrangling.” Cook was scheduled to deploy on July 15, and his position cannot sit empty. The officer Cook was supposed to replace “is going to have to remain in Afghanistan a while longer,” Silkman says, and adds that the Army is working to find a replacement: “No one has been identified yet, but it is a priority fill, so we’re working on it and expect to fill it soon. Engineers are in high demand.” Taitz, interviewed by McCloskey, tells the reporter: “I have one question: Why would any member of the US military risk his life or take any orders… from someone who is refusing to prove he is the legitimate president? We can’t stand for the arrogant, obnoxious behavior of Obama. He wants to defraud the whole nation.” Taitz refuses to allow McCloskey to interview Cook. Brandon Friedman of VoteVets (.org), a political action committee seeking to elect veterans of the wars in Iraq and Afghanistan to public office, says of Cook: “That’s not leadership. That’s not the way Major Cook was trained and brought up in the Army. You don’t leave a unit like that, and you certainly don’t do it because you’re trying to make a political statement.” [Stars and Stripes, 7/30/2009]

Entity Tags: Holly Silkman, Barack Obama, Brandon Friedman, Stefan Frederick Cook, US Department of the Army, Orly Taitz, Stars and Stripes, Megan McCloskey

Timeline Tags: US Military, Domestic Propaganda

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