Hawai'i judge sets hearing in Barack Obama birth certificate case

ANDY MARTIN
Executive Editor
ContrarianCommentary.com

“Factually Correct, Not
Politically Correct”

FOR IMMEDIATE RELEASE:

Hawai'i Circuit Judge Bert I Ayabe set a November 18 hearing in Andy Martin's case to release Barack Obama's original, typewritten 1961 birth certificate and any supporting documents


(HONOLULU)(October 29, 2008) Judge Bert I Ayabe Wednesday set a hearing in the case of Andy Martin vs. Linda Lingle, First Circuit for Honolulu, No. 08-1-2147-10.

The hearing is set for November 18, 2008 at 10:30 A.M.

Anyone wishing to contribute to the expenses of this litigation is welcome to do so:
http://CommitteeofOneMilliontoDefeatBarackObama.com

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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

1. 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.
2. Defendants LINDA LINGLE and DR. CHIYOME FUKINO are Governor and Director of the Department of Health, respectively.
3. This Complaint for Declaratory Relief and these proceedings are instituted pursuant to § 632-1, Hawai’i Revised Statutes.
4. 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, ______________________

Respectfully submitted,
ANDY MARTIN
Plaintiff Pro se
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Readers of Obama: The Man Behind The Mask, say the book is still the only gold standard and practical handbook on Barack Obama's unfitness for the presidency. Buy it.
Book orders: http://OrangeStatePress.com. Immediate shipment from Amazon.com or signed copies from the publisher are available.
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FULL DISCLOSURE: I recently decided to oppose Barack Obama's election and became Executive Director of The Stop Obama Coalition, http://StopObamaCoalition.com. By default, I became the national leader of the anti-Obama movement. I am not acting as either a Democrat or Republican. I have had no contact whatsoever with the McCain Campaign. I am not a member of any political organization. The views expressed are entirely independent. I am acting as an American citizen who sincerely believes Obama is not the man we need in the Oval Office. We are going to run a very dynamic and aggressive campaign against Obama. I will continue to write my news and opinion columns for ContrarianCommentary.com. /s/ Andy Martin
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URGENT APPEAL: The Committee of One Million to Defeat Barack Obama is raising money to fight Barack Obama. http://CommitteeofOneMilliontoDefeatBarackObama.com. Please give generously up to the maximum of $100. Our ability to fight and defeat Barack Obama is directly dependent on the generosity of every American."
The Committee of One Million to Defeat Barack Obama limits itself to $100 maximum contributions; there are no bundlers, fat cats or illegal contributions. Obama is opposed to everything America stands for," says Executive Director Andy Martin. "But while Obama has raised more than a third of a BILLION dollars, his opponents have raised virtually nothing. We can't just sit back and expect John McCain to do the job all alone. Americans can either contribute now, or pay later. If we do not succeed, Obama will."
E-mail: contact@CommitteeofOneMilliontoDefeatBarackObama.com
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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.

MEDIA CONTACT: (866) 706-2639 or CELL (917) 664-9329E-MAIL: AndyMart20@aol.com [NOTE: We frequently correct typographical errors and additions/subtractions on our blogs, where you can find the latest edition of this release.]