Andy Martin awaits a judicial ruling in his case to obtain the vault copy of Barack Obama's birth certificate. Martin writes on his blog:
>A Honolulu circuit judge heard vigorous arguments in the lawsuit filed by Obama author Andy Martin. Martin is seeking access to Barack Obama’s original, typewritten 1961 birth certificate. The judge reserved judgment.
“We had about a half-hour hearing,” Martin states. “Both the Attorney General and I vigorously presented our respective positions. The Court gave no indication of when or how the ruling could come or what the result will be.
“I have ordered a transcript of the hearing and as soon as it arrives we will post it on our blogs. People should be able to read the arguments in Court. Rather than characterize what was said, I will allow everyone to review the presentation for themselves.
“Tuesday afternoon through the gracious assistance of a local supporter I was able to visit the National Cemetery where the ashes of Barack Obama’s grandfather are interred. The Punchbowl Cemetery is very still, and very moving. I am always brought to deep emotion by the graves of the unknown, known only to God, who answered the call and gave their lives in our service. The famous war correspondent Ernie Pyle is also buried at Punchbowl.
“Sadly, there was no ornamentation or remembrance at the plaque of Stanley Dunham. Obama’s memorialization of his family members seems to be limited to the occasional photo op. I hope to have a detailed column on Madelyn Dunham’s memorial as soon as possible, but Wednesday we will be busily working away in the Courthouse again. We are trying to utilize our time in Honolulu as intensively as possible.
“Wednesday at 5:30 P.M. we will launch our National Conversation on the Future of America under Barack Obama and the future of the anti-Obama movement. We will issue details late Tuesday night. Anyone wanting to attend can just show up.
“We will be taking the National Conversation around the country, to South Florida in November, and Northern and Southern California in December, to anywhere and everywhere people are interested. But we thought we would try our best to launch these informal meetings in Hawai’i, where Obama began, and where the movement to remove him from office in 2012 should also begin.
“All are welcome to join us for a free form discussion,” Martin stated. “If anyone who was in court Tuesday shows up, they can deliver their own impression of what happened.”
Showing posts with label martin v. lingle. Show all posts
Showing posts with label martin v. lingle. Show all posts
Wednesday, November 19, 2008
Thursday, October 30, 2008
Hearing Date Set for Martin v. Lingle
I just received the following press release from Andy Martin:
Hawai'i judge sets hearing date in Barack Obama birth certificate case
>FOR IMMEDIATE RELEASE:
Hawaii Circuit Judge Bert I Ayabe set a November 18 hearing in Andy Martin's case to release Barack Obama's original, typewritten 1961 birth certificate and any supporting documents
(HONOLULU)(October 29, 2008) Judge Bert I Ayabe Wednesday set a hearing in the case of Andy Martin vs. Linda Lingle, First Circuit for Honolulu, No. 08-1-2147-10.
The hearing is set for November 18, 2008 at 10:30 A.M.
Anyone wishing to contribute to the expenses of this litigation is welcome to do so:
http://CommitteeofOneMilliontoDefeatBarackObama.com
---------------------------------------------
ANDY MARTIN
Post Office Box 1851
New York, NY 10150-1851
Toll-free tel. (866) 706-2639
Toll-free fax (866) 707-2639
Temporary Hawai'i
tel. (917) 664-9329
Plaintiff pro se
CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII
ANDY MARTIN, ) CIVIL NUMBER: 08-1-2147-10
) (Declaratory Judgment)
Plaintiff, ) Judge Ayabe
)
vs. ) COMPLAINT FOR
) DECLARATORY JUDGMENT;
LINDA LINGLE, in her ) EXHIBIT 1: SUMMONS
Official capacity as Governor )
Of the State of Hawai'i, )
DR. CHIYOME FUKINO, in her )
official capacity as Director )
of the Department of Health, )
)
Defendants. )
_________________________________
COMPLAINT FOR DECLARATORY JUDGMENT
Plaintiff ANDY MARTIN ("Plaintiff"), pro se, alleges in his Complaint for Declaratory Judgment against the Defendants as follows:
PARTIES, JURISDICTION AND VENUE
Plaintiff ANDY MARTIN is the author of a book on Senator Barack Obama ("Senator Obama"). He has also been writing columns and commentary about the senator for over four (4) years.
Defendants LINDA LINGLE and DR. CHIYOME FUKINO are Governor and Director of the Department of Health, respectively.
This Complaint for Declaratory Relief and these proceedings are instituted pursuant to § 632-1, Hawai'i Revised Statutes.
Venue is proper in this Court pursuant to § 603-36, Hawaii Revised Statutes.
STATEMENT OF CLAIM
1. Plaintiff requested a certified copy of the birth certificate of Senator Obama from the Department of Health and tendered the requisite fee.
2. Defendants refused to provide a copy of said certificate, invoking the confidentiality statutes of the State.
3. The issue of the Senator's birth certificate has become a controversial topic of intense national speculation.
4. As an author who strives for factual accuracy and attempts to conduct thorough research Plaintiff wants a copy of the Senator's birth certificate attested to by the State and not a "certificate" which is posted on a web site and which has been debunked as possibly having been altered.
5. One of the more literate and temperate analyses of the unlawfulness of the Defendants' refusal to issue certified copies of the birth certificate is contained in Exhibit 1 attached hereto.
6. To the extent that the Defendants' files contain or retain original supporting data for the birth certificate, Plaintiff asks that he also be supplied with that information and/or material as well.
7. It is axiomatic that the birth certificate of a presidential candidate is a document of crucial public concern and significance.
8. While Hawai'i statutes call for a balancing or weighing test where production is considered by a court, most respectfully Plaintiff submits that the balance falls entirely on the side of disclosure where the original birth certificate of a presidential candidate is concerned.
DECLARATORY RELIEF SOUGHT
9. Based on the relevant statutes and constitutional law, including Article One, Section 4 ("freedom of the press") and § 92F-15 (e) and § 338-18 (a) (9), Plaintiff asks that the Court direct and order defendants to turn over forthwith a copy of Senator Obama's birth certificate and related files and records, and without any delay.
WHEREFORE, Plaintiff Andy Martin prays for relief as follows:
A. For a declaration by this Court that Plaintiff is an author and writer and is a person to whom the birth certificate of Senator Obama can and should properly be delivered forthwith;
B. For such other relief as this Court deems just and equitable.
Dated: Honolulu, Hawai'i, ______________________
Respectfully submitted,
ANDY MARTIN
Plaintiff Pro se
----------------------------------------------
----------------------------------------------
URGENT APPEAL: The Committee of One Million to Defeat Barack Obama is raising money to fight Barack Obama. http://CommitteeofOneMilliontoDefeatBarackObama.com. Please give generously up to the maximum of $100. Our ability to fight and defeat Barack Obama is directly dependent on the generosity of every American."
The Committee of One Million to Defeat Barack Obama limits itself to $100 maximum contributions; there are no bundlers, fat cats or illegal contributions. Obama is opposed to everything America stands for," says Executive Director Andy Martin. "But while Obama has raised more than a third of a BILLION dollars, his opponents have raised virtually nothing. We can't just sit back and expect John McCain to do the job all alone. Americans can either contribute now, or pay later. If we do not succeed, Obama will."
E-mail: contact@CommitteeofOneMilliontoDefeatBarackObama.com
---------------------------------------------
MEDIA CONTACT: (866) 706-2639 or CELL (917) 664-9329
E-MAIL: AndyMart20@aol.com [NOTE: We frequently correct typographical errors and additions/subtractions on our blogs, where you can find the latest edition of this release.]
Hawai'i judge sets hearing date in Barack Obama birth certificate case
>FOR IMMEDIATE RELEASE:
Hawaii Circuit Judge Bert I Ayabe set a November 18 hearing in Andy Martin's case to release Barack Obama's original, typewritten 1961 birth certificate and any supporting documents
(HONOLULU)(October 29, 2008) Judge Bert I Ayabe Wednesday set a hearing in the case of Andy Martin vs. Linda Lingle, First Circuit for Honolulu, No. 08-1-2147-10.
The hearing is set for November 18, 2008 at 10:30 A.M.
Anyone wishing to contribute to the expenses of this litigation is welcome to do so:
http://CommitteeofOneMilliontoDefeatBarackObama.com
---------------------------------------------
ANDY MARTIN
Post Office Box 1851
New York, NY 10150-1851
Toll-free tel. (866) 706-2639
Toll-free fax (866) 707-2639
Temporary Hawai'i
tel. (917) 664-9329
Plaintiff pro se
CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII
ANDY MARTIN, ) CIVIL NUMBER: 08-1-2147-10
) (Declaratory Judgment)
Plaintiff, ) Judge Ayabe
)
vs. ) COMPLAINT FOR
) DECLARATORY JUDGMENT;
LINDA LINGLE, in her ) EXHIBIT 1: SUMMONS
Official capacity as Governor )
Of the State of Hawai'i, )
DR. CHIYOME FUKINO, in her )
official capacity as Director )
of the Department of Health, )
)
Defendants. )
_________________________________
COMPLAINT FOR DECLARATORY JUDGMENT
Plaintiff ANDY MARTIN ("Plaintiff"), pro se, alleges in his Complaint for Declaratory Judgment against the Defendants as follows:
PARTIES, JURISDICTION AND VENUE
Plaintiff ANDY MARTIN is the author of a book on Senator Barack Obama ("Senator Obama"). He has also been writing columns and commentary about the senator for over four (4) years.
Defendants LINDA LINGLE and DR. CHIYOME FUKINO are Governor and Director of the Department of Health, respectively.
This Complaint for Declaratory Relief and these proceedings are instituted pursuant to § 632-1, Hawai'i Revised Statutes.
Venue is proper in this Court pursuant to § 603-36, Hawaii Revised Statutes.
STATEMENT OF CLAIM
1. Plaintiff requested a certified copy of the birth certificate of Senator Obama from the Department of Health and tendered the requisite fee.
2. Defendants refused to provide a copy of said certificate, invoking the confidentiality statutes of the State.
3. The issue of the Senator's birth certificate has become a controversial topic of intense national speculation.
4. As an author who strives for factual accuracy and attempts to conduct thorough research Plaintiff wants a copy of the Senator's birth certificate attested to by the State and not a "certificate" which is posted on a web site and which has been debunked as possibly having been altered.
5. One of the more literate and temperate analyses of the unlawfulness of the Defendants' refusal to issue certified copies of the birth certificate is contained in Exhibit 1 attached hereto.
6. To the extent that the Defendants' files contain or retain original supporting data for the birth certificate, Plaintiff asks that he also be supplied with that information and/or material as well.
7. It is axiomatic that the birth certificate of a presidential candidate is a document of crucial public concern and significance.
8. While Hawai'i statutes call for a balancing or weighing test where production is considered by a court, most respectfully Plaintiff submits that the balance falls entirely on the side of disclosure where the original birth certificate of a presidential candidate is concerned.
DECLARATORY RELIEF SOUGHT
9. Based on the relevant statutes and constitutional law, including Article One, Section 4 ("freedom of the press") and § 92F-15 (e) and § 338-18 (a) (9), Plaintiff asks that the Court direct and order defendants to turn over forthwith a copy of Senator Obama's birth certificate and related files and records, and without any delay.
WHEREFORE, Plaintiff Andy Martin prays for relief as follows:
A. For a declaration by this Court that Plaintiff is an author and writer and is a person to whom the birth certificate of Senator Obama can and should properly be delivered forthwith;
B. For such other relief as this Court deems just and equitable.
Dated: Honolulu, Hawai'i, ______________________
Respectfully submitted,
ANDY MARTIN
Plaintiff Pro se
----------------------------------------------
----------------------------------------------
URGENT APPEAL: The Committee of One Million to Defeat Barack Obama is raising money to fight Barack Obama. http://CommitteeofOneMilliontoDefeatBarackObama.com. Please give generously up to the maximum of $100. Our ability to fight and defeat Barack Obama is directly dependent on the generosity of every American."
The Committee of One Million to Defeat Barack Obama limits itself to $100 maximum contributions; there are no bundlers, fat cats or illegal contributions. Obama is opposed to everything America stands for," says Executive Director Andy Martin. "But while Obama has raised more than a third of a BILLION dollars, his opponents have raised virtually nothing. We can't just sit back and expect John McCain to do the job all alone. Americans can either contribute now, or pay later. If we do not succeed, Obama will."
E-mail: contact@CommitteeofOneMilliontoDefeatBarackObama.com
---------------------------------------------
MEDIA CONTACT: (866) 706-2639 or CELL (917) 664-9329
E-MAIL: AndyMart20@aol.com [NOTE: We frequently correct typographical errors and additions/subtractions on our blogs, where you can find the latest edition of this release.]
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