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Hawai’i court is asked to expedite Obama birth certificate appeal

March 29, 2009

Andy Martin says a pending appeal raises constitutional and scholarly issues about Barack Obama’s past. The Hawai’i Intermediate Court of Appeals is being asked to expedite an appeal seeking release of Barack Obama’s original, typewritten 1961 birth certificate. Andy Martin says scholars have a right to access historic documents of the American presidency. The Hawai’i Attorney General opposes release. Martin will convene a National Conference on Barack Obama’s Missing Birth Certificate, in Washington April 3-4. See http://www.NationalConferenceOnObama.blogspot.com

THE MOTION:

ANDY MARTIN, J.D.
Post Office Box 1851
New York, NY 10150-1851
Toll-free tel. (866) 706-2639
Toll-free fax (866) 707-2639
Appellant pro se

IN THE
IN THE INTERMEDIATE COURT OF APPEALS OF HAWAI’I
ICA DOCKET NUMBER: 29643

ANDY MARTIN,
Appellant,

v.

HON. LINDA LINGLE, in her
official capacity as Governor;
DR. CHIYOME FUKINO, in her
official capacity as Director
of the Department of Health,

Appellees.
______________________________

MOTION TO EXPEDITE APPEAL

1. Although appellant is proceeding pro se and is not an expert in Hawai’i appellate procedure, he does have considerable experience with appellate tribunals.
The instant appeal poses an important question of national public policy and historical inquiry: should Hawai’i officials be required to make available for biographical research and scholarly inquiry the original, typewritten 1961 birth certificate of President Barack Obama?
2. Appellant has written one book on Barack Obama, Obama: The Man Behind The Mask, which is (or should be) part of the record on appeal, has conducted extensive original research in Hawai’i and is preparing to author a second book on the president. Appellant in sponsoring a national conference on missing records involving the president, http://www.NationalConferenceonObama.blogspot.com.
3. With all due respect to the district Judge, it is difficult to see how a basic historical record, the original “ribbon” copy of the birth certificate of the President of the United States, can or should be concealed from scholarly inquiry or the American people.
4. Appellant has been in contact with the Hawai’i Attorney General and that office opposes expediting this appeal, see attached.
5. Because there is a time lag between filing in this Court and Appellant receiving Notice, he does not know if the record on appeal has been filed yet. In any event, the record is due to be filed or has been filed.
6. This appeal represents review of a straightforward question of law. There was a single hearing in the district court; on information and belief there were and are no disputed questions of fact.
CONCLUSION
Most respectfully, Appellant asks this Court consider the historical significance of this litigation, and to enter an order setting an expedited briefing and argument schedule.
Respectfully submitted,

ANDY MARTIN

CERTIFICATE OF SERVICE

I certify I have served opposing counsel as follows:

Jill T. Nagamine, Esq.,
Deputy Attorney General
425 Queen Street
Honolulu, HI 96813
via Fax (808) 587-3077

on March 28, 2009.

ANDY MARTIN

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3 Comments
  1. The document posted on Factcheck.org is real. The Hawaiian officials stated that is was. Under Hawaiian Statute 338 13.b “Copies of the contents of any certificate on file in the department, certified by the department shall be considered for all purposes the same as the original, subject to the requirements of sections 338-16, 338-17, and 338-18.”

    So what that means is that the original is a COLB, the same as posted. Would Hawaii issue a COLB and a COB to the same person? He either has a COB or COLB not both.

  2. shabba permalink

    All a colb says is that the birth was REGISTERED in Hawaii. If what you’re saying is true, then he doesn’t have a cob and in fact can’t prove he was born in the US. Logically you ca take it a step further and say he wasn’t born in the US, if he was they would have issued a cob and not a colb.

  3. Mitch Donegan permalink

    The COLB clearly states he was born in Hawaii in August of 1961. The COLB is certified and is a prima facie document of his birth certificate.
    The President is a natural born citizen.

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