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Andy Martin Hawaii lawsuit #1 Complaint

October 18, 2008

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

CIVIL NUMBER: 08-1-2147-10
(Declaratory Judgment)
Judge Ayabe

COMPLAINT FOR
DECLARATORY JUDGMENT;
EXHIBIT 1: SUMMONS

ANDY MARTIN,

Plaintiff,

vs.
LINDA LINGLE, in her
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, October 17, 2008

Respectfully submitted,
ANDY MARTIN
Plaintiff Pro se

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21 Comments
  1. http://www.freerepublic.com/focus/news/2110304/posts?page=1

    Andy,

    Thanks for your hard work as American’s have a right to know and evidently FREEDOM of SPEECH does not exist in an Obama purchased Media. The MAIN STREET MEDIA is in the tank for Obama and its evident that he has illegal funds coming from overseas sources that have bought the broadcast and newspapers in America.

    Kudo’s to the Talkers. Rush, Hannity, Boortz, Glenn Beck, Michael Savage, O’Riely, Ann Coulter and Mark Levin. You have carried the water and have tried to Warn,Educate and let us know just How dirty Obama past and how comprimised our future would be if he was elected.

    Keep up the Fight and American goodness will win the Day November 4th.

    [IMG]http://i50.photobucket.com/albums/f310/ncfool/ObamaCrimesScreenShot.jpg[/IMG]
    [IMG]http://i50.photobucket.com/albums/f310/ncfool/SIGNTHEPETITION.jpg[/IMG]

  2. James Schropp permalink

    American Citizenship is a requirement by our constitution. Showing absolute proof should not only be offered by the canidate, but required by the Supreme Court. We must always have the checks and balances our forfathers were so diligent for inforced in government.

  3. Wind River permalink

    I have called my Senators from Maryland to find out just WHO is the responsible party for CERTIFYING the candidates to assure they are Constitutionally QUALIFIED to sit as the President of the United States. They both said the DNC. The DNC told me that the FBI and SS do a background check for their run to be Senator. I told the woman that the QUALIFICATIONS were different. She said no, they weren’t. ?????

    Once I clarified it for her, she said “is this about that lawsuit? Thats nothing.”

    Back to my Senators. I haven’t heard back. A radio host here has been looking for weeks for the responsible party. No luck. It seems NO BODY OF THE GOVERNMENT is responsible to QUALIFY the candidates for the highest elected office in the world.

    I would love to file a suit in Maryland if anybody can give some guidance.
    This is rediculous. It cannot pass. YOU MUST qualify.

  4. kim clift permalink

    Obama is a terrorist, I pray to God people come to their senses before election. FBI needs to have his Grandma Dunham wired for sound, I bet Obama would like to silence her forever.

  5. kim clift permalink

    Michael, our family has purchased 2 ak-47’s with two cases of ammo, do you think we True Americans need more to protect whats our’s? I’m praying hard, loving on my boys and will be voting for McCain. Do you see civil unrest if Obama does not win or someone takes him out? stupid question I know.

  6. tanarg permalink

    OK, hang on. Word is that there’s going to be some rulings by the judge in Philip Berg’s lawsuit against Obama. Go to http://www.americasright.com/ and watch that page Thursday and Friday. There’s a blog entry there now explaining it. It’s too late to get him off the Nov. 4 ballot, but it’s not too late to get him off the ballot that the electors in the states use when they vote officially. There are ways to get this settled, so don’t lose hope yet. I think there are a lot of folk working hard to do this right.

  7. Alex permalink

    I am outraged to say the least. Sarah Palin has been “vetted”, re-vetted, and constantly barraged with BS over her qualifications, etc… yet NO ONE, but NO ONE can seem to get proof of this A-hole’s origin of birth. It should be a Supreme Court MANDATE that this man shows why he beleives he’s an American CITIZEN, a natural-born, American citizen, the number ONE requirement to become the President of the United States.

    I agree with the person above that asks the question: “what if the proof comes out afterwards and it is found he is NOT a citizen”, what then? This recent activity by the DNC is outrageous, criminal, and completely unconstitutional. Say the wrong thing and you’re a racist, overlook the obvious, like these maniacal A-holes continue to do with this joker, and it’s overlooked and the “Democrats criminal business as usual”.

    The double standards the Democrats hold to sickens me and I have ZERO respect for their party….

  8. concerned permalink

    Andy Martin’s legal shenanigans never end.

    What a pathetic stunt.

  9. Jack permalink

    If there is nothing to hide, there is nothing to hide. Obama should come out and ask the Defendants in this case to cough up the birth cert., unless, of course, Barry was not born in Hawaii.

  10. For everyone’s information: Until Jan 31, 2008 a senator only had to give a oral declarations that he was a citzen. If you go onto the US Senate website you can find this information. Only after the above date did they begin to require them to have documentation. So Mr. Obama did not have to prove anything because he was sworn in in 2006. The reason the DNC is backing Obama on this is because the ethic director and the house speaker with be impeached. You couldn’t have writen a book to be any more crooked.

  11. Hmmm I didn’t see any big announcements come out on this will Obama was in Hawaii…maybe there was something to that factcheck.org article after all.

  12. Sissy permalink

    We have laws in this GREAT Country of ours! Our forefathers wrote the U.S. Constitution and the specifically addressed the qualifications of a person who runs for President of the United States of America. These qualifications are: 1. You must be 35 years of age; 2. You must have lived in the United States of America for a period of 14 years or longer; and 3. You MUST be a NATURAL BORN citizen of the United States of America. Our forefathers wanted to make sure that a FOREIGNER could never come in and take over our government. IF Obama cannot prove by way of his VAULT BIRTH CERTIFICATE, then, he is NOT eligible to run for the highest office in our land. WE MUST PROTECT THE UNITED STATES CONSTITUTION!!! IF we allow ONE MAN to ignore OUR CONSTITUTION, then the ones who died to protect the most important Document in our land, will all be in vain!

    I am appalled that neither my Senators nor my Congressmen are even concerned over this development. IF Obama can prove he is a U.S. Natural Born Citizen, then that is fine and we have no crisis. However, if he can’t, and he has had since August since the suit against him was filed, he has just ignored the suit, Berg vs. Barack Obama (if that is his real name) and it is HIS fault we have reached this point.

    I also called the DNC here and they said the lawsuit “was no big deal”. I argued with them, but to no avail. These people and everyone connected with this man, should be sent to jail for not properly vetting this man. We are headed for a Constitutional Crisis for the first time ever….and Obama does not even care! If it weren’t for people like Mr. Berg and the rest of us, joining him, AMERICA would not even have a chance to save and protect our Constitution. Remember, we have LAWS and LAWS are meant to be obeyed!!! PERIOD!

  13. Alan CB permalink

    (Posted by Alan’s wife) If the MOTHER is a United States Citizen, her child even if born in Tim Buk Tu, is qualified for receiving from the United States Department of State, a USA Birth Certificate and is an unqualified citizen.
    I was a US citizen in 1964 when our son was born in Spain, my husband being British. He was issued a United States birth certificate, received from Washington DC. And that – is that.

  14. Alan CB permalink

    By the way, McCain was born in the Panama Canal Zone.

  15. What a bunch of morons. Really. What is most suprising is that neither Hannety or O’Rielly have posted here…..yet.

  16. Papa Bear permalink

    For Alan CB (and his wife):

    You glossed over part of the requirements for natural citizenship to pass from Obama’s mother to him if he were born outside of the US. At least one parent has to be a natural citizen of the US and that parent has to have lived 5 years in the US after the attainment of the age of 16. If Obama’s mother was 18 or 19 at the time of his birth (which she would have been based on the dates given for her birth and Obama’s), and he were born outside of the US, then he is not a natural citizen of the US. His mother could have apply for naturalization on his behalf, but naturalized ain’t good enough. You have to be a natural-born citizen of the US to be President.

    BTW, McCain was indeed born in the Panama Canal Zone, but at that time it was a US-controlled territory. Even if were not, both his parents were US citizens so this condition does not apply to him.

  17. Papa Bear permalink

    And one more thing: one of my children was born in Australia. Since we were both natural citizens, he is too. My wife was also born to US parents outside the States on military duty, so I am quite familiar with the rules on citizenship.

  18. Frances Farrar permalink

    Sunshine wants ANSWERS!
    As an American Citizen I feel that we need to know who has been funding all the cash into Obamas campaign and to see the original birth certificate. You can bet that the media would make a hay day out of all this if this were the McCain campaign we are talking about. Lets be fair Media and find out the answers before we let foreign countries just move into the white house with our blessings!

Trackbacks & Pingbacks

  1. What if Obama’s NOT eligible to become President? « The Mobius Trip
  2. Where’s the Beef, Obama? « The Mobius Trip

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