Bizarre, Constitutional Law, Courts, Military, Politics

Retired Major General Supports Litigation Over Obama’s Birth Status

225px-official_portrait_of_barack_obama53px-US_Army_O8_shoulderboard.svgThe controversy over President Barack Obama continues with an interesting twist: Maj. Gen. Carroll Dean Childers (ret.) and active U.S. Air Force reservist Lt. Col. David Earl Graeff are supporting the litigation. On July 8th, Maj. Stefan Frederick Cook filed the suit July 8th in federal court demanding conscientious objector status and a preliminary injunction based upon his claim that President Barack Obama is not a natural-born citizen of the United States. He argued that, since Obama cannot serve as president of the United States, he cannot order him to deploy as commander-in-chief of the U.S. Armed Forces.

What is curious is the decision by the military to suddenly revoke the deployment orders of Cook. That served to fuel the growing movement spreading this rumor. The government is now claiming that the lawsuit is “moot” since Cook doesn’t have to go to Afghanistan. Cook in turn has added a claim to this lawsuit that he was retaliated against for his lawsuit after he was terminated at Simtech Inc., a Department of Defense contractor.

The addition of a retired major general and active colonel will have more of a promotional and legal benefit for these litigants. It was an unfortunate decision to revoke these orders. The Administration should have fought the lawsuit on the merits rather than try to moot the matter. The optics are perfect for those alleging a grand conspiracy to conceal Obama’s birth certificate (which has been viewed as third parties) and hide his alleged foreign born status.

For the full story, click here.

1,202 thoughts on “Retired Major General Supports Litigation Over Obama’s Birth Status”

  4. So hated is the fact that a Black man is President that our two resident trolls, proven liars both and one outwardly bigoted, just keep throwing the excrement up there praying for it to stick. How sad is it to realize that in their tossing, they wear no gloves and so fill themselves with the base elements they are throwing.

    Both being ignorant of history do not remember Sen. Joe McCarthy, that two quart a day drinker of cheap rye, who couldn’t understand why people were angry at him since all he was doing was “just politics.” He is analogous to Mr. Beck, save that “Tailgunner Joe” actually saw battle, had a decent education and was elected a Senator. Mr. Beck, former DJ and purported graduate of a Community College, bears the similarity of believing that his lies, slander and incitements to violence are all just for ratings (politics) and shouldn’t be taken personally. That the bigoted liar of our two trolls constantly cites him, exposes that bigot as having even less intelligence than his TV mentor and certainly fewer scruples.

  6. Thanks Mike and birther for looking at that.

    One thing about Lucas Smith is apparently he has a lengthy criminal record. I’m always worried about a crook stating he is now reformed and wants to be honest. However I did see his rebuttal to WND’s assessment and must say he did prove his point. Sometimes it takes a crook to show you how not to get scammed. Like the reformed burglars on the discovery channel showing homeowners that they aren’t as safe as they think they are.

    GWMOM, Glen Beck is exposing what is hiding behind the curtain. He reported extensively about ACORN. This is just the start of his campaign.

    http://www.miamiherald.com/news/breaking-news/story/1224631.html

  7. Rule 1005. Public Records

    The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with rule 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given.

    Rule 902.(3) Foreign public documents. A document purporting to be executed or attested in an official capacity by a person authorized by the laws of a foreign country to make the execution or attestation, and accompanied by a final certification as to the genuineness of the signature and official position (A) of the executing or attesting person, or (B) of any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation. A final certification may be made by a secretary of an embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification.

  8. bdaman, I checked the site. Whether the issue is legitimate or not is impossible to determine from your reference. However, it would have nothing to do with a RICO violation in any event.

  9. bdaman writes: This week, by the end of the week, you will see that something that everyone feels in their gut is wrong but nobody’s really exposed it. It’s going to be exposed this week. And, you will see by the end of this week that people will go to jail.”
    Glen Beck

    where are the adults? isn’t it time for them to come home from wherever they have been spending the past 6 months and do something, like ground glen beck for being reckless and irresponsible?
    take away his stage? this isnt freedom of speech and it isn’t political theater. its irresponsible preaching.

  10. Birther, Mr. Smith’s affidavit does not state that he observed Mr. Maganga signing the document. But even if he did, Mr. Smith is not competent to attest to Mr. Maganga’s official position. In addition, Mr. Maganga’s purported signature is not itself authenticated or sworn to in any manner. Your citation to Rule 803 is relevant only to the question of whether public records may be admissible as exceptions to the hearsay rule. There are still authentication requirements to be met. They have not been met in this instance. You also need to refer to Rules 901 and 902(3), as well as the provisions of 18 U.S.C. Sections 3491-3494 and 3505. With all due respect, I have dealt with this issue in the past.

    Although it may be meaningless, I noticed that the dates on the certificate are abbreviated as they would be in this country (e.g., 8/7/1961). I would have expected that the dates would have been abbreviated in the British style (e.g., 7/8/1961). I hope that Mr. Smith didn’t pay a very large bribe because I think the document is another forgery.

  12. bdaman,

    I wouldn’t spend too much time on it. The document displayed is only certifying that the DNC has Obama to be their nominee for the November ballot. It is not a declaration that he meets the qualifications to hold the office.

  13. Mike Appleton and Birther. I am not of a legal mind. Could one or the both of you comment on the legalities of this discovery below. It is mentioned that it’s a violation of the Rico Act.

    Pelosi signed two Official Certifications of Nomination for Obama and Biden at the DNC Convention last August. FIRST ONE (referencing the Constitution) SECOND ONE (WITHOUT ANY REFERENCE TO THE CONSTITUTION

    http://www.sodahead.com/question/612985/pelosi-signed-two-obama-certifications-of-nomination-and-2nd-one-left-out-us-constitution-provision-will-this-lead-her-to-prison-for-fraud-under-the-rico-act/

  14. Mike Appleton said,

    “Although Mr. Smith asserts in the affidavit that the birth certificate was signed by the hospital administrator, he is not legally competent to state that conclusion since he did not personally observe the document being signed and would have no personal knowledge as to the authority of Mr. Maganga.”

    Mike, you are arriving at a conclusion based on assumption. How do you know that Mr. Smith did not see Mr. Maganga sign the document? It is likely that he did observe such. Mr. Maganga signed the document as the chief administrator of the hospital. Are you attempting to claim that Mr. Maganga was not the chief administrator?

    A birth record would fall under Rule 803 “Hearsay exceptions; Availability of Declarant Immaterial”

  15. Mike you are thinking of Birther

    Buddah nice try but the proof is in the pudding and you cant have any pudding if you don’t eat your meat.

  16. bdaman, your question involves rules of evidence. Since this is a federal case, it is governed by the Federal Rules of Evidence. As a general rule, documents offered to prove the truth of their contents are considered hearsay and are inadmissible, unless they satisfy one of the hearsay exceptions. This just means that documents must either be authenticated by testimony of a qualified witness (usually the custodian of the document) or must be self-authenticating under the rules. In this instance Helton Maganga did not sign the affidavit. Although Mr. Smith asserts in the affidavit that the birth certificate was signed by the hospital administrator, he is not legally competent to state that conclusion since he did not personally observe the document being signed and would have no personal knowledge as to the authority of Mr. Maganga. That is why I said that the affidavit means nothing more than that the copy attached to it is a true copy of something given to Mr. Smith.

    In the absence of direct testimony by Mr. Maganga, the authentication of the document as a public record would require compliance with rules and statutes relating to self-authentication of foreign public documents. In general, Mr. Maganga would have to personally attest to the genuineness of the document under penalties of criminal prosecution in Kenya and his attestation would have to be accompanied by consular certification confirming Mr. Maganga’s official authority.

    In sum, Mr. Smith’s affidavit is not admissible for any purpose. That is why I also stated that Ms. Taitz has not done her homework once again. She should never have placed Mr. Smith’s affidavit in the public record, but should have used it as a basis for conducting her own investigation and acquiring the appropriate documents authenticating the certificate. She could also have sought to depose Mr. Maganga in Kenya. Even assuming she can survive the motion to dismiss, I am virtually certain that she will be unable to meet her burden of proof. I am not joking when I say that she is looking at potential sanctions in this case.

  17. How about you cherry pick to attempt to prove a natural phenomena that we can’t control some how equates to a manufacturing process that we CAN control?

    That’s not science. That’s wishful thinking. And I’m not going to waste my time educating you on complex systems vis a vis climatic science and atmospheric composition as it relates to heat retention and albedo either. Gave that lesson once and so did Slarti.

    I won’t because quite frankly you were too stupid to understand it the first time. This is evidenced by your responses, you broken record. Polly want a cracker?

    So come on, you already look like a fool legally and ethically speaking, you Anti-Semitic Birther Troll. Make the picture complete and show us again how ignorant of mathematics you are. I’m sure everyone is waiting with baited breath for the opinion of a such a weak mind and crap analysis based on a desire to preserve the political and economic status quo in the face of facts that tell us to stay the course is to eliminate our species much sooner than later.

    Good show. Kinda like a train wreck if the train were driven by a clown. So come on back when you can stay ON TOPIC, hammerhead. And the topic is BIRTHER NONSENSE. Stick to one delusion at a time and you might not be so confused all the time. But then again, probably not.

  18. How bout this Peer Review Mr. Sunspot are they illiterate or is it you are smarter than the average bear. Change from Buddah to Boo Boo, better yet Bullwinkle.

    Sunspots Do Really Affect Weather Patterns, Say Scientists

    A new study in the journal Science by a team of international of researchers led by the National Center for Atmospheric Research have found that the sunspot cycle has a big effect on the earth’s weather.

    http://reason.com/blog/show/135747.html

  19. Waiting for Vince, Where are you Vince. Dr.C has been writing alot so you should have lots of reference Material. Bring on the comments

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