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Andy Martin's Obama Birth Certificate Suit Dismissed

According to the HonoluluAdvertiser.com, Andy Martin's suit filed in Hawaii to obtain a copy Of Barack Obama's birth certificate has been dismissed.

Judge Bert Ayabe upheld arguments from Gov. Linda Lingle's administration that Martin - a political opponent of Obama - had no standing under state law to obtain a copy of the document.

The decision, issued late Wednesday, first denied Martin's "emergency motion" for production of the birth certificate.

Martin "does not have a direct and tangible interest in the vital statistic records being sought, namely the birth certificate of President Obama," Ayabe wrote.


Ayabe wrote that Martin also failed to demonstrate that "irreparable harm will occur if the records are not provided to the plaintiff."

And Martin provided "insufficient evidence to indicate that the public interest supports" release of the record, Ayabe ruled.

"There is a reasonable belief that the public would rather preserve confidentiality of vital health records," the judge wrote.


After denying the emergency motion, Ayabe then granted a motion filed by the state attorney general's office for dismissal of the suit.

He cited Martin's "lack of standing" and also ruled that Martin never legally served Lingle and state Health Department director Dr. Chiyome Fukino with a copy of the legal complaint.

Fukino has said that her office has been barraged by requests for copies of the birth certificate, driven in part by Internet assertions that Obama was not born in Honolulu or the United States and is not eligible to serve as president.

Before the election, Fukino issued a statement saying that she and the registrar of vital statistics had personally examined the birth certificate and found it to be valid.

(Note folks that NO ONE says WHERE Obama was born, just that he had a valid COLB)

1 comment:

Ted said...

You gotta hear this 90 minute blogradio on why the media has a blackout of the looming Obama Birth Certificate Constitutional Crisis:

http://politicalpistachio.blogspot.com/2008/11/why-is-obamas-birth-certificate-still.html

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