Barack
Obama and Andy Martin confront each other in Honolulu
Andy Martin's investigative team provokes a
"suspension" of Obama's campaign and a desperate trip
to Hawai'i by the presidential candidate
The drama builds to a Hollywood "High Noon"
confrontation.
As submitted by:
ANDY MARTIN
Executive Editor
ContrarianCommentary.com
"Factually Correct, Not Politically Correct"
FOR IMMEDIATE RELEASE:
Barack Obama and his nemesis, Obama author Andy Martin, face off in
Honolulu
Martin's Hawai'i investigaiton causes Obama to panic and
suspend his presidential campaign to head off Andy's
stories.
Chicago crusader Andy Martin is on the verge of taking down the
Obama campaign
(HONOLULU, HI)(October 20, 2008) You have to turn to Hollywood and
"High Noon" to find more drama than the confrontation
building in Hawai'i. The good sheriff stands alone against the
Obama Gang. Eliot Ness and the Untouchables? The Long Ranger? Pick
your own hero. Martin vs. Obama explodes into a Hollywood
classic.
I will do my best to defeat Obama even though I essentially stand
alone. I stand tall. All of the protagonists are from Chicago.
Despite ridicule and envy from Chicago's corrupt mainstream
media, I have spent over forty years successfully fighting crooked
politicians like Barack Obama and his Daley Machine cronies.
But take a look at one of the most dramatic time lines in recent
political history.
Two weeks ago on October 5th Sean Hannity aired a program that
terrified the Obama campaign. You can probably see my role at
FoxNews.com or on YouTube. The New York Times itself reported that
the morning after Hannity's program, I became the target of a
massive liberal assault at the Times. On October 6th I wrote a
column predicting that Hannity's show would become the most
important political program of 2008. On direct orders from the
Emperor Obama, the New York Times then unleashed its smear machine
on me.
One week ago, on October 13th, the Times tried to destroy me with a
front-page package of lies, distortions and outright fraud. The
Times failed. My investigative team arrived in Hawai'i and
began to dig, dig, dig.
I also predicted in a column that attacking me was the first big
mistake Obama and the Times had committed. You be the judge of
whether I am being proven correct.
I am still standing and the Times' credibility is going into
the toilet.
Before my team left for Hawai'i I predicted we would bring down
Obama. By sheer coincidence, one TV network was interested in my
mission and has been tagging along with a camera crew.
Monday (today) we petitioned the Hawai'i Supreme Court to order
Obama's secret birth records released.
How did Obama respond? He suddenly discovered that his grandmother,
who had supposedly been released from her hospital a week ago, when
he showed no interest in her, needed his immediate attention. Cool,
calm, collected Obama suddenly suspended his campaign and headed
for Hawai'i.
High Noon.
I have been issuing reports from Hawaii and we are on the streets
digging for the truth. This weekend we issued our story list for
Monday-Wednesday (Monday has been rescheduled-see above).
What has Obama done? Cancelled his campaign and announced he is
jumping on a plane to join Andy Martin in Hawai'i. Welcome
home, Barry (Obama's grandmother calls him
"Barry.")
High Noon in Hawaii.
Barack Obama vs. Andy Martin. The drama builds as we move closer
and closer to disclosing the dramatic truth about Barack Obama.
Was I right when I predicted Obama made a classic mistake when he
attacked me? Will Jim Rutenberg and all of the other Times
slimeballs regret their malicious attacks? You betcha.
Obama did not pay any attention to his grandmother until I showed
up in Honolulu. Suddenly she is the center of his attention. She is
so central to his campaign that he has suspended it! But when Obama
was here last summer he only visited his grandmother for an hour.
One hour! Now he suspends his campaign for her?
Could anyone have predicted a more dramatic series of developing
events? Hannity puts me on the air as the Chicago expert who
confirms the links between Obama and his longstanding
anti-American, terror network. Obama's goon squads immediately
try to smear me in retaliation. The New York Times creates a
front-page story out of 25 and 35 year-old nonsense in a desperate
attempt to discredit and derail my upcoming Hawai'i
investigation.
And Andy Martin's investigative team lands in Honolulu and goes
where no mainstream media have gone before, on the streets of
Honolulu to dig out the secret truths about Barack Obama.
Hawai'i Five-O looks tame by comparison.
I am still standing, fighting, and investigating, right here in
Obamaland. And Hannity's dramatic show on October 5th will
prove to be the turning point in the fight to retake America from
the Obamabots and their crooked clandestine campaign cash (Without
Andy, Hannity's second show on October 19th was dull by
comparison and provoked no response from the Times or Obama).
The day we landed in Honolulu was Obama's D-Day. He can't
scare us. He can't stop us. He can't intimidate us and the
New York Times can't smear us with lies, half-truths and
distortions.
The irony in all of this television drama is that Fox News is not
the network following me around Hawaii. I will leave it to the
network to disclose which one it is.
Barack Obama is looking increasingly like a desperate, doomed
candidate whose Big Lie is about to be exposed.
The New York Times tried to suggest I exaggerate. Do I exaggerate?
Apparently Barack Obama doesn't think so. He knows what I know.
And soon you will know what Obama and I know.
What Obama fears most is that I search for the truth not because I
am associated with McCain (I am not) or because I am a partisan
Republican (I am not a right-winger). Rather I search for the truth
for the sake of the truth, the whole truth and nothing but the
truth. I took an oath as an 18 year old to defend the Constitution
of the United States from its enemies.
Barack Obama is an enemy of the Constitution. He is using tens of
millions of dollars in clandestine campaign cash from unknown
sources to stage an electoral coup d'etat in our nation. That
is why I keep fighting for the truth.
Barack Obama has been lying to the American people. And his Big Lie
is about to be exposed.
Now that his secrets are on the verge of being revealed he has
panicked and suspended his campaign to visit Hawai'i. Do you
believe Obama's explanation for the sudden trip?
Or do you believe me?
Do you believe the smear merchants at the New York Times? Or my
truthful words on Sean Hannity's America?
If Barack Obama is defeated, he will have two people to blame: me
and Sean Hannity.
It doesn't get any better than this.
Stay tuned for High Noon in Honolulu. HERE IS THE ACTUAL
SUPREME COURT PETITION
Petitioner Pro Se
IN THE
SUPREME COURT OF HAWAI'I
SUPREME COURT DOCKET NUMBER: 29414
ANDY MARTIN,
Petitioner,
HON. LINDA LINGLE, in her
official capacity as Governor;
DR. CHIYOME FUKINO, in her
official capacity as Director
of the Department of Health,
HON. BERT AYABE, in his official
capacity as Circuit Judge,
Respondents.
___________________________________
EMERGENCY PETITION FOR WRIT OF MANDAMUS
INTRODUCTION AND PRELIMINARY STATEMENT
The question of the authenticity and public availability of the
birth certificate of Senator Barack Obama (hereinafter
"Obama") has become a source of increasing embarrassment
for Hawai'i Government.
Although Obama has purportedly posted a copy of his birth
certificate on his own web site, and others claim to have posted
other versions, Obama refuses to allow public access to the
official records of the State of Hawaii.
Petitioner is an author and columnist who came to Hawai'i to do
research on Obama's years in Hawai'i. After arriving in
Honolulu, Petitioner decided he needed a copy of the original birth
certificate, as well as any official files relating to the issuance
of said certificate.
The Executive Branch Department of Health has repeatedly and
egregiously mischaracterized the Hawai'i statute governing
access to birth certificates, and did so again on October 17th in a
statement to the Honolulu Advertiser.
Petitioner applies to this Court for an appropriate writ, and
offers two separate avenues of potential relief for the Court to
consider.
I.
JURISDICTION
This court has jurisdiction of this Petition pursuant to HRS
Ã'§ 602-5 (a)(3).
II.
FACTUAL ALLEGATIONS
1. The Petitioner
Petitioner Andy Martin has been writing about Obama for over four
years. Petitioner is the author of the best selling book
"Obama: The Man Behind The Mask."
Petitioner publishes an Internet newspaper,
http://ContrarianCommentary.com, as well as related blogs,
http://Contrariancommentary.wordpress.com and
http://ContrarianCommentary.blogspot.com.
Although Petitioner is not a practicing attorney, he is a respected
public interest and consumer rights litigator, see
http://www.AndyMartin.com. He holds a Juris Doctor degree from the
University of Illinois College of Law.
For example, in 2003 the Pennsylvania Supreme Court granted
Petitioner special leave of court to represent a U.S. Marine in a
landmark case arising under the Soldiers and Sailors Civil Relief
Act of 1940, see http://www.firstrespondersonline.us/director.htm
(see attached).
Petitioner is also highly controversial. His corruption-fighting
efforts in the Illinois courts and federal courts have provoked
intense hostility and counter-reactions from judges who were the
targets of his exposures see http://www.AndyMartin.com. These
judges have sought to vilify and demonize petitioner, and Obama has
sought to use these corrupt techniques to divert attention from
Obama's own questionable personal history.
Petitioner is undaunted.
In Hawai'i, petitioner is accompanied by a network television
camera crew. Thus the bona fide news value of his current
litigation activity is not subject to question.
2. The Respondents
A. Respondent Linda Lingle is named in her official capacity as
Governor and Chief Executive of the Executive Branch of Hawai'i
government.
B. Respondent Dr. Chiyome Fukino is joined in her official capacity
as Director of the Hawai'i Department of Health.
C. The Hon. Bert Ayabe is named in his official capacity as a
Circuit Judge of the First Circuit. As will be shown below, Judge
Ayabe's joinder in this petition does not necessarily involve
any criticism of the judge and reflects the absence of any local
rules to govern the judge's authority.
3. The birth certificate (certificate of live birth)
A. For the convenience of this court, Petitioner has submitted a
copy of the Circuit Court proceedings as a separate Appendix. Those
documents are incorporated by reference in this petition.
B. In summary, Petitioner applied for and was denied a copy of
Obama's birth certificate. Petitioner then commenced a
proceeding in the First Circuit on October 17, 2008 while still
physically present in Honolulu.
C. Petitioner notified Judge Ayabe of Petitioner's limited
availability in Hawaii, and requested or suggested an emergency
hearing.
D. Judge Ayabe responded promptly through his judicial assistant
with a hearing date after the 2008 election on November 7th.
Petitioner was also notified that in order to exercise his rights
and pursue his petition he would have to return from Chicago to
Honolulu, as there was no provision for telephone hearings. (It was
not clear whether the judge viewed the absence of telephone rules
as a preclusion of telephone hearings, or was imposing his own
individual rules of practice).
E. Petitioner was required to file his lawsuit in Hawai'i. No
other court system has jurisdiction of local Hawai'i officials.
Petitioner should be as welcome in the Hawai'i court system as
a Hawai'i citizen would be on the mainland. There are no
artificial boundaries or distinctions under the Privileges and
Immunities Clause of the U. S. Constitution. If Petitioner must be
present in Hawai'i in order to vindicate rights and remedies
under the Hawai'i Constitution and statutes he will be
precluded from doing so.
F. Hawai'i is a sophisticated international business center. It
is simply impractical for parties to be physically present in the
State as a precondition of access to Hawai'i government or the
judicial system.
G. Rule 11 of the Probate Rules provides for "Telephone
Conference Call Hearings." On information and belief there is
no parallel provision in the Civil Rules.
H. Petitioner remains present in Hawai'i through October 22nd
and available for emergency hearings in person.
I. This Court can take its own judicial or official notice that
numerous state and federal court systems provide for telephonic
participation, see e.g. Florida Rules of Judicial Administration
2.530.
III.
RELIEF REQUESTED
This Court can deal with this petition by either one of two
separate approaches.
First, the Court could decide that the Executive Branch's
misapplication and misinterpretation of the relevant statute (see
Exhibit 1 to the Circuit Court Complaint) raises issues of
sufficiently great public and national importance that the Court
will entertain the issues presented as a matter of the exercise of
this Court's original jurisdiction. In that case the writ of
mandamus, if granted, would issue directly to the executive branch
and Judge Ayabe's role would become moot and coram non
judice.
Second, this Court could decide that the Circuit Court should
conduct an expedited hearing, and do so either while Petitioner is
still physically present in Hawai'i or while Petitioner is
allowed to participate on the telephone, directing that the Circuit
Judge either schedule a prompt hearing or ask that the case be
reassigned to a judge who can conduct a hearing before the 2008
election. In that case the writ, if granted, would issue to the
Circuit Judge.
The approach which this Court prefers to adopt is entirely at the
discretion of the tribunal.
IV.
BASIS FOR GRANTING RELIEF
A. The constitutional issue
In Elrod v. Burns, 427 U.S. 347, 373, 96 S. Ct. 2673, (1976) the
Supreme Court stated "The loss of First Amendment freedoms,
for even minimal periods of time, unquestionably constitutes
irreparable injury." The authenticity and contents of a
presidential candidate's birth certificate is at the apex of
First Amendment concerns, Monitor Patriot v. Roy, 401 U.S. 265, 91
S.Ct. 621 (1971)("[I]t can hardly be doubted that the
constitutional guarantee has its fullest and most urgent
application precisely to the conduct of campaigns for political
office.")
To say that a proceeding will not be convened until after the
election is to create the very type of unconstitutional delay
precluded by Elrod, and creates a justifiable public suspicion of a
conspiracy and cover-up by Hawai'i officials.
Elrod does not appear to have been cited by any Hawai'i court
but has been cited numerous times by federal judges in Honolulu,
see e.g. Rapp v. Disciplinary Board, 916 F. Supp. 1525, 1539 (D.
Hawai'i 1996); Walsh v. Honolulu, 423 F.Supp.2d 1094, 1108 (D.
Hawai'i 2006); Swanson v. University, 269 F. Supp. 1252, 1260
(D. Hawai'i 2003); Legal Aid v. Legal Services, 961 F. Supp.
1402, 1417 (D. Hawai'i 1997). Although Petitioner filed his
Circuit Court lawsuit under the Hawai'i Constitution and not
the First Amendment, this Court has previously interpreted those
rights to be coextensive.
B. The procedural issue
There is an anomaly under Hawai'i procedure where probate rules
provide for telephone hearings but civil rules do not. Perhaps this
gap motivated the circuit judge to deny a hearing, or to adhere to
such procedures as a general practice.
Certainly in the modern commercial age, with Hawai'i at the
crossroads of international business, antiquated notions of
physical presence as a precondition for access to Hawai'i
government should be reconsidered. The Privileges and Immunities
Clause of the U.S. Constitution would also appear to lean in favor
of allowing out-of-state litigants from the mainland to be heard by
telephone.
C. The substantive issue
a. The statute
HRS Ã'§ 338-18 (b) limits disclosure of
records to persons having "a direct and tangible interest in
the record." The statute then provides thirteen (13) examples
as illustrative, but not exclusive, including number (9): "A
person whose right to inspect or obtain a certified copy of the
record is established by an order of a court of competent
jurisdiction."
The Respondents have steadfastly misinterpreted the "direct
and tangible interest" standard into one requiring a direct
and tangible "relationship" between the party and the
record. Thus there is a serious abuse of discretion and statutory
misinterpretation by the executive branch. The Respondents have
persisted in this misinterpretation despite notice that their
interpretation of the statute was a misinterpretation, and will no
doubt proffer the same misinterpretation to this Court as their
initial response to this petition.
Researchers, scholars, writers and news media-and Petitioner has
attributes of all of the foregoing-have a "tangible
interest" in many public citizens without any
"relationship" to those persons. Petitioner is sensitive
to privacy issues and identity theft issues. But no one is likely
to try to hold themselves out to be "Barack Obama" using
a birth certificate issued by Respondents.
Nevertheless, the very vehemence with which Hawai'i officials
have misconstrued a state statue, and the manner in which Obama has
attempted to manipulate and control access to his personal records
(see infra), raise legitimate suspicions in the mind of the
public.
b. The waiver and admission issues
Obama claims that he has posted a conformed copy of his birth
certificate on a web site. It is impossible to say whether this
assertion is true, because Petitioner has no official copy to
compare to the Internet version. Obama has not posted any of the
source information or supporting data. If Obama has posted a
version of his birth certificate, it would appear he has waived any
privacy issues and the statutory restrictions on issuance of a copy
to Petitioner no longer apply.
It is indeed a very peculiar state as now exists where Obama claims
he has released his birth certificate or at least his latest
version of the document, and yet claims that no one should be able
to obtain an official copy of the same document from the State of
Hawai'i or review the source information for the certificate.
Waiver would appear to be applicable and render nugatory any
privacy concerns.
Obama has claimed he was born in a Honolulu hospital, but there is
no verifiable evidence to sustain that claim. An examination of
birth records is thus essential to resolve the lingering
doubts.
As judges, certainly the members of this Court are aware that
punctilious concern for accuracy would mandate that any counsel
preparing a case in which the birth certificate was an issue, must
obtain a certified copy and not a copy grabbed off an Internet web
site. As an author and columnist, Petitioner adheres to the same
high standards of accuracy in the search for original truth.
The fact that Obama has in fact posted his birth certificate on the
Internet is a confirmation that he believes that issue is a topic
of legitimate public interest.
D. The common law writ of mandamus
Petitioner has reviewed this Court's jurisprudence concerning
and construing the common law writ of mandamus. Petitioner submits
that the extraordinary facts of this Petition provide a basis for
extraordinary and emergency action. As the attached docket sheet
from the Pennsylvania Supreme Court attests, Petitioner is
experienced in preparing, filing and obtaining relief through
extraordinary writs on an emergency basis.
CONCLUSION
Most respectfully, Petitioner asks this Court to take emergency
action and to grant one of the alternative forms of relief outlined
in this petition.
DATED: October 20, 2008
Honolulu, HI
Respectfully submitted,
ANDY MARTIN
Post Office Box 1851
New York, NY 10150-1851
Andy Martin is a legendary Chicago muckraker, author, Internet
columnist, radio talk show host, broadcaster and media critic. He
is currently based in New York selling his new book, Obama: The Man
Behind The Mask. Andy is the Executive Editor and publisher of
www.ContrarianCommentary.com. © Copyright by Andy Martin 2008.
Martin comments on regional, national and world events with over
forty years of experience. He holds a Juris Doctor degree from the
University of Illinois College of Law.
His columns are also posted at ContrarianCommentary.blogspot.com;
contrariancommentary.wordpress.com. Andy is the author of Obama:
The Man Behind The Mask, published in July 2008, see
http://www.OrangeStatePress.com.
