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From NBC’s Pete Williams
When the justices of the U.S. Supreme Court meet on Dec. 5th, in their regular private conference to decide which cases to hear, two lawsuits that have captivated a segment of the blogosphere will be up for discussion.
Both urge the court to consider claims that President-elect Obama is not qualified to be president, because he is not a natural-born American citizen.
Persistent concerns about the qualifications of both major party candidates rank among the oddest aspects of 2008's historic campaign.
Article II, Section 1 of the Constitution provides that "No person except a natural born citizen" is eligible to be president. John McCain's status was questioned because he was born in the Panama Canal Zone and various theories have been advanced to cast doubt on Obama's.
Lawsuits over the inclusion of their names on state general-election ballots popped up around the country and were quickly dispensed with by local courts. But two challengers have pursued their cases to the Supreme Court.
Pennsylvania lawyer Philip Berg claims that the circumstances of Obama's birth are vague and that he may have been born in Kenya. Obama's mother, Berg asserts, later flew to Hawaii to register the birth.
Leo Donofrio, a New Jersey lawyer, contends that election officials in his state failed to ensure that only legally qualified candidates were placed on the ballot. Obama may have been born in the United States, Donofrio argues, but "natural born" status depends on both parents being American citizens. Obama's father was Kenyan.
The justices are unlikely to take up these cases for a host of reasons, not the least of which is the invitation to overturn the results of an election in which more than 66 million Americans voted for Obama. An equally high hurdle is the issue of whether Berg or Donofrio have the legal right to sue claiming a violation of the Constitution.
In dismissing Berg's complaint, a federal judge in Pennsylvania found that he failed to meet the basic test required for sustaining a lawsuit, because he couldn't show how the inclusion of Obama's name on the ballot would cause him -- apart from others -- some particular harm. Berg's stake, the judge said, "is no greater and his status no more differentiated than that of millions of other voters."
Other courts presented with similar challenges have reached the same conclusion, ruling that there is no general legal right to sue over the Constitution's eligibility requirements. Federal courts typically reject claims of legal standing based simply on a litigant's status as a voter or taxpayer.
The Obama campaign had hoped to end the controversy last spring by releasing his actual Hawaii birth certificate. But that prompted further questions about its authenticity, which were compounded when state authorities in Hawaii said they could not vouch for it, because they were constrained by the privacy laws.
Then, on Oct. 31st, the director of Hawaii's Department of Health issued a statement, proclaiming that he had personally seen and verified that the state has "Sen. Obama's original birth certificate on record," which shows that he was born there.
Obama should be thrown in Gitmo if he is proven to be an illegal candidate, because he is just as dangerous as the terrorists in Al Qaeda.
A one-time vice presidential candidate who is considered an expert on the U.S. Constitution says it is up the electors from the 50 states to make certain President-elect Barack Obama is a natural-born U.S. citizen before they cast votes for him in the Electoral College Dec. 15.
"If they do their duty, they would make sure that if they cast a vote for Mr. Obama, that Mr. Obama is a natural-born citizen," Herb Titus, the Constitution Party's running mate to Howard Phillips in 1996, told WND today.
"I think it should be resolved. The duty is in the Electoral College. Every Obama elector that is committed to casting a vote on the 15th of December, they have a constitutional duty to make certain whether Mr. Obama is a natural-born citizen," he said.
If the electors fail their duty and Obama proves ultimately to fail the eligibility requirement of the U.S. Constitution, there would be only the laborious, contentious and cumbersome process of impeachment available to those who would wish to follow the Constitution, he suggested.
The issue of Obama's citizenship has been in the news for weeks as multiple legal claims have asserted the Democrat is not a natural-born U.S. citizen. There have been claims he was born in Kenya, that he's a British subject because of his father and that he lost his citizenship in Indonesia.
Whereas, by requirement of the United States Constitution, Section 2, Article 1, no one can be sworn into office as president of the United States without being a natural born citizen;
Whereas, there is sufficient controversy within the citizenry of the United States as to whether presidential election winner Barack Obama was actually born in Hawaii as he claims;
Whereas, Barack Obama has refused repeated calls to release publicly his entire Hawaiian birth certificate, which would include the actual hospital that performed the delivery;
Whereas, lawsuits filed in several states seeking only proof of the basic minimal standard of eligibility have been rebuffed;
Whereas, Hawaii at the time of Obama's birth allowed births that took place in foreign countries to be registered in Hawaii;
Whereas, concerns that our government is not taking this constitutional question seriously will result in diminished confidence in our system of free and fair elections;
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Did President-elect Barack Hussein Obama commit a federal crime in September of this year? Or did he never actually register and, instead, did friends of his in the Chicago federal records center, which maintains the official copy of his alleged Selective Service registration commit the crime for him?
It's either one or the other, as indicated by the release of Barack Obama's official Selective Service registration for the draft. A friend of mine, who is a retired federal agent, spent almost a year trying to obtain this document through a Freedom of Information Act request, and, after much stonewalling, finally received it and released it to me.
But the release of Obama's draft registration and an accompanying document, posted below, raises more questions than it answers. And it shows many signs of fraud, not to mention putting the lie to Obama's claim that he registered for the draft in June 1979, before it was required by law.

Why is it that the media is not reporting this huge issue and investigation? The American people are clueless sheep....
A case that challenges President-elect Barack Obama's name on the 2008 election ballot citing questions over his citizenship has been scheduled for a "conference" at the U.S. Supreme Court.
Conferences are private meetings of the justices at which they review cases and decide which ones to accept for formal review. This case is set for a conference Dec. 5, just 10 days before the Electoral College is scheduled to meet to make formal the election of Obama as the nation's next president.
The Supreme Court's website listed the date for the case brought by Leo C. Donofrio against Nina Wells, the secretary of state in New Jersey, over not only Obama's name on the 2008 election ballot but those of two others, Sen. John McCain and Roger Calero.
Former presidential candidate Alan Keyes and others filed a court petition in California asking the secretary of state to refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office.
The disputes all cite "natural-born citizen" requirement set by the U.S. Constitution.
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http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=81484


Zeituni Onyango, 56, referred to as "Aunti Zeituni" in Obama's memoir, was instructed to leave the United States by a U.S. immigration judge who denied her asylum request, a person familiar with the matter told the AP late Friday. This person spoke on condition of anonymity because no one was authorized to discuss Onyango's case.
Information about the deportation case was disclosed and confirmed by two separate sources, one of them a federal law enforcment official. The information they made available is known to officials in the federal government, but the AP could not establish whether anyone at a political level in the Bush administration or in the McCain campaign had been involved in its release.
Onyango's refusal to leave the country would represent an administrative, non-criminal violation of U.S. immigration law, meaning such cases are handled outside the criminal court system. Estimates vary, but many experts believe there are more than 10 million such immigrants in the United States.
The AP could not reach Onyango immediately for comment. No one answered the telephone number listed in her name late Friday. It was unclear why her request for asylum was rejected in 2004.
Onyango is not a relative whom Obama has discussed in campaign appearances and, unlike Obama's father and grandmother, is not someone who has been part of the public discussion about his personal life.
A spokeswoman for U.S. Immigrations and Customs Enforcement, Kelly Nantel, said the government does not comment on an individual's citizenship status or immigration case.
Onyango's case—coming to light just days before the presidential election—led to an unusual nationwide directive within Immigrations and Customs Enforcement requiring any deportations prior to Tuesday's election to be approved at least at the level of ICE regional directors, the U.S. law enforcement official told the AP.
The unusual directive suggests that the Bush administration is sensitive to the political implications of Onyango's case coming to light so close to the election.
Kenya is in eastern Africa between Somalia and Tanzania. The country has been fractured in violence in recent years, including a period of two months of bloodshed after December 2007 that killed 1,500 people.
The disclosure about Onyango came just one day after Obama's presidential campaign confirmed to the Times of London that Onyango, who has lived quietly in public housing in South Boston for five years, was Obama's half aunt on his father's side.
It was not immediately clear how Onyango might have qualified for public housing with a standing deportation order.

A Pennsylvania lawsuit alleging that Barack Obama is not a “natural-born citizen” of the United States took an unusual twist this week, after a federally mandated deadline requiring Obama’s lawyers to produce a “vault” copy of his birth certificate expired with no response from Obama or his lawyers.
The lawsuit, filed by former Pennsylvania Deputy Attorney General Philip J. Berg — a self-avowed supporter of Hillary Clinton — alleges that Barack Obama was born in Kenya and is thus “ineligible” to run for president of the United States. It demands that Obama’s lawyers produce a copy of his original birth certificate to prove that he is a natural-born U.S. citizen.
Berg's suit and allegations have set off a wave of Internet buzz and rumors, though Obama could easily have put the matter to rest by providing the federal court with the basic documentation proving he is eligible to take the oath of a president. But Obama has apparently decided to deny the court and the public that documentation.
The Constitution provides that any U.S. citizen is eligible to become president if the person is 35 years of age or older and is a natural-born citizen; that is, born in the territorial United States.
By failing to respond to the Request for Admissions and Request for the Production of Documents within 30 days, Obama has “admitted” that he was born in Kenya, Berg stated this week in new court filings.
Berg released a long list of “admissions” he submitted to Obama’s lawyers on Sept. 15, and asked that they produce documents relating to Obama’s place of birth and citizenship.
Instead of responding, lawyers for Obama and the DNC asked the court to dismiss the case. But Judge R. Barclay Surrick of the Eastern District of Pennsylvania has issued no ruling in the case that would have given Obama’s lawyers more time.
“There are lots of legal ways to stonewall,” a well-placed Republican attorney told Newsmax, who was not authorized to comment officially on the case. “But failing to respond is not one of them.”
“The first thing they teach you in law school,” he added, “is don’t put a complaint like this in a drawer. That’s how a nuisance case can become a problem.”
The 30-day deadline for defendants to comply with a discovery request is set forth in the Federal Rules of Civil Procedures.
“It all comes down to the fact that there's nothing from the other side,” Berg said after he filed a motion on Thursday for summary judgment.
“The admissions are there. By not filing the answers or objections, the defense has admitted everything. [Obama] admits he was born in Kenya. He admits he was adopted in Indonesia. He admits that the documentation posted online is a phony. And he admits that he is constitutionally ineligible to serve as president of the United States.”
In a contentious case, lawyers on both sides will haggle over the production of documents, and will frequently go beyond the deadlines, several lawyers told Newsmax.
“The rules are more often complied with in the breech rather than the observance,” a senior trial attorney who has close ties to the Democrat Party, but is not involved in the current case, told Newsmax.
“Lawyers frequently do not return telephone calls or meet discovery deadlines because of sheer inadvertence. Therefore, we do not consider a failure to respond as a ‘violation,’” he said.