Political Hotsheet
By

Kevin Hechtkopf /

CBS News/ December 28, 2010, 2:27 PM

New Hawaii Governor to Take on Birthers

Neil Abercrombie

Neil Abercrombie speaks to the media outside the White House earlier this month.

/ SAUL LOEB/AFP/Getty Images
Hawaii Gov. Neil Abercrombie is vowing to end the "birther" controversy once and for all.

Birthers are those who believe President Obama was not born in the U.S., despite a mountain of evidence to the contrary. They have long demanded that the state of the Hawaii release the president's original birth certificate, which is not allowed under state law.

Now, Abercrombie says in multiple interviews that he is determined to find a way to release more information about Mr. Obama's birth in an attempt to silence the critics.

"This has to do with the people in Hawaii who love him, people who loved his mom and dad. This has to do with the respect of the office that the president is entitled to," Abercrombie told CBS affiliate KGMB over the weekend.

The governor, a former Democratic congressman who was elected governor last month and took office just a few weeks ago, told CNN yesterday that he directed his attorney general and the state's Health Department director to determine what he is legally able to do to release more documentation "as quick as we can."

The Obama campaign in 2008 posted a "certification of live birth" online, an official document from the state. An original long-form birth certificate is by law not public record in Hawaii, though the director of the Hawaii state Department of Health at the time she had "personally seen and verified" the original. But that did little to stop rumors and conspiracy theories which have persisted among birthers.

Obama's birth on Aug. 4, 1961, at the Kapiolani Maternity and Gynecological Hospital was also recorded in two separate birth announcements in local newspapers.

Abercrombie made clear in the CNN interview that there was nothing Mr. Obama or the White House could do to either expedite or stop his process. In fact, the White House may not want to bring up the issue again, and administration officials would not comment on the governor's remarks in response to a request from CBS News.

"No, no, no - it's not up to the president," Abercrombie said in the CNN interview. "It has nothing to do with the president. It has to do with the people of Hawaii who love him, people who love his mom and dad." (see the CNN report at left)

Abercrombie, 72, said this is was a personal issue for him since he was friends with Mr. Obama's parents while they lived in Hawaii.

"It's an insult to his mother and father," he told KGMB. "How would anybody like to have their mother and father in that kind of a situation? I was friends with his mom and dad."

"It's a matter of principle with me... I was here when he was born," he told CNN.

"His father was one of the first scholarship students coming to the United States and he came to the University of Hawaii, which we were very proud (of)," the governor added. "We became good friends."

But despite his efforts, Abercrombie knows he might not be able to silence all those who have a "political agenda."

"We have to take a look at what we can do with that," he told KGMB. "But I can't imagine that we can't find some way to see to it that those who are honest about it, that don't have a political agenda could have no further argument about it."

© 2010 CBS Interactive Inc. All Rights Reserved.
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WinstonCourt says:
This isn't Obamas' REAL KENYAN, AFRICA birth certificate?:
http://www.fourwinds10.com/siterun_data/government/obama_government/news.php?q=1295295488

look down the page to find the pics of it, which can be read.
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WinstonCourt says:
This isn't Obamas' REAL KENYAN, AFRICA birth certificate?:
http://www.fourwinds10.com/siterun_data/government/obama_government/news.php?q=1295295488

look down the page to find the pics of it, which can be read.
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LawyerSpeaksUp says:
First of all: I believe Obama is a "natural born citizen" per the Constitution.

Second: I believe that poster "umbrelladoc" misconstrues Perkins v. Elg because in that era, the naturalization of an immigrant husband conferred naturalization upon his wife and his children. The laws that separated wives and children from this derivative claim to U.S. citizenship didn't pass until later on.

Third: I believe that Obama was born in Hawaii, and that it's pretty far-fetched to attribute Kenya as a birthplace. Notion seems to have first been advanced by Phil Berg, who was both a Hillary supporter and a 9/11 Truther before his attention to Obama's birthplace took him on some new legal cause.

Fourth: I believe that to be a "natural born citizen" one must have parents who are both U.S. citizens by the time of one's birth, even if that birth is on American soil.

Fifth: This is the interesting point. Based on my research into Kenyan law about "statutory marriages" (codified by the colonial government) versus "tribal marriages" (recognized by Kenya's court system), I believe that Obama's father was not legally free to marry Stanley Dunham in 1961 in Hawaii. Since "tribal marriages" in Kenya do not produce a paper trail like "statutory marriages" do, Obama's mother was forced to pursue a divorce from Obama, Sr. in 1964 due to lack of a Kenyan marriage license that would otherwise have supported her case as one suitable for an annulment.

Conclusion: Obama was born on U.S. soil. Obama had only ONE parent to draw citizenship from, and that was his American-born, U.S. citizen mother. The 1948 British law in effect at the time would have denied Brit citizenship to the child of a British colonial father who was not "legitimately married" to the mother. Possibly for the sake of his children, he didn't want to portray their grandmother as an unwed mother. But Michelle Obama herself, while on the campaign trail in July 2008, did come right out and say that Stanley Ann Dunham was "very much a single mother" and I regard that as a sign that the Obamas (both lawyers) did their research to be assured that Barack's bona fides to serve as POTUS could be legally vindicated if there were ever a successful court challenge.
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umbrelladoc says:
prsmithsr - You want answers - I'll give you answers. You have your theory based on Vattel, despite that evidence that James Madison favored the jus soli interpretation of common law. But we can have dueling theories, what holds is not what either one of us thinks, but what the court says.

US Supreme Court Perkins v. Elg.
Miss Elg was born in Brooklyn, New York, on October 2, 1907. Her parents, who were natives of Sweden, emigrated to the United States sometime prior to 1906, and her father was naturalized here in that year. In 1911, her mother took her to Sweden, where she continued to reside until September 7, 1929. Her father went to Sweden in 1922, and has not since returned to the United States. In November, 1934, he made a statement before an American consul in Sweden that he had voluntarily expatriated himself for the reason that he did not desire to retain the status of an American citizen and wished to preserve his allegiance to Sweden.

In 1928, shortly before Miss Elg became twenty-one years of age, she inquired an American consul in Sweden about returning to the United States and was informed that, if she returned after attaining majority, she should seek an American passport. In 1929, within eight months after attaining majority, she obtained an American passport which was issued on the instructions of the Secretary of State. She then returned to the United States, was admitted as a citizen and has resided in this country ever since.

Page 307 U. S. 328

In April, 1935, Miss Elg was notified by the Department of Labor that she was an alien illegally in the United States, and was threatened with deportation. Proceedings to effect her deportation have been postponed from time to time. In July, 1936, she applied for an American passport, but it was refused by the Secretary of State upon the sole ground that he was without authority to issue it because she was not a citizen of the United States.

---
The cross-petition of Miss Elg, upon which certiorari was granted in No. 455, is addressed to the part of the decree below which dismissed the bill of complaint as against the Secretary of State. The dismissal was upon the ground that the court would not undertake by mandamus to compel the issuance of a passport or control by means of a declaratory judgment the discretion of the Secretary of State. But the Secretary of State, according to the allegation of the bill of complaint, had refused to issue a passport to Miss Elg "solely on the ground that she had lost her native born American citizenship." The court below, properly recognizing the existence of an actual controversy with the defendants(Aetna Life Ins. Co. v. Haworth, 300 U. S. 227), declared Miss Elg "to be a natural born citizen of the United States," and we think that the decree should include the Secretary of State as well as the other defendants. The decree in that sense would in no way interfere with the exercise of the Secretary's discretion with respect to the issue of a passport, but would simply preclude the denial of a passport on the sole ground that Miss Elg had lost her American citizenship.

The decree will be modified accordingly so as to strike out that portion which dismisses the bill of complaint as to the Secretary of State, and so as to include him in the declaratory provision of the decree, and as so modified the decree is affirmed.

Modified and affirmed.

Got that?

Marie Elg was born of Swedish parents in New York. Her father was naturalized before she was born, But her mother was not. Her mother took her back to Sweden when she was 4, and did not return until she was 22. Her father renounced his American citizenship. Yet, the appellate court decreed that Marie Elg was a "natural born citizen" and this decree was *affirmed by the Supreme Court*

Obama's case is stronger. His mother was a citizen, and remained a citizen, and Obama only spent 4 years of his childhood abroad, from ages 6 to 10.

Here we have an actual Supreme Court decision, using the actual term, natural born citizen, in a case where an actual person was born of two parents, one a citizen, one not a citizen, in the United States. And that person is a natural born citizen.

Perkins v. Elg has not been overturned.

So, the law in the United States, in 2010, or 2008 for that matter, is Barack Obama is a Natural Born Citizen.
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san850 says:
President Obama's American citizenship has been validated by Secret Service, FBI, CIA, NSA, and Homeland Security, yet the birther buffoons still question it. You folks need to get a life and move on to your next conspiracy theory...you have worn this one out. Perhaps you could find out what planet your conservative "darlings" came from, i.e. Sarah Palin and Christine O'Donnell for starters.
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nearl451 says:
Abercrombie. What is the point. Birthers won't believeany evidence tht you present, so what's the point? Whatever you do release will just be the next stepping stone tothe next continuance of keeping this BS issue alive.
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LIBERALS-lie says:
just show us the certificate and the debate ends...

A president hiding his birth certificate and screaming transparency
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jimbom121 replies:
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ummm, try a Google search...you'll find it.
san850 replies:
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That's too simple for the birther buffoons, jimbom.
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hancul6 says:
It is interesting that this 'birther' issue was brought up again by a Democrat Governor. Why is that and why is the birth certificate of the President of the United States not out in plain view so there are no questions? Why are people up in arms about it and bent on keeping it private? If it isn't a big deal then just show the real thing. Frankly, I don't care if he is or not. I do care if he is not and our President. Maybe that's why the secrecy! Or maybe it's just because our government has gotten so big and the bureaucrats so powerful that they believe they are above the rules that apply to the common, decent citizens of the United States and need no integrity to run this country.

I was born in Hawaii just a couple of years before Obama and have a copy of my birth certificate with the embossed Hawaiian seal, the doctor's name, my parent's names and the hospital. I use it to certify my identification in cases that call for it. We had to submit birth certificates of my sons (born in Hawaii) so they could play little league baseball. I produced my birth certificate when I got my passport. What's the big deal? You mean to tell me that Barack Obama has never had to produce his birth certificate for any reason under any circumstance and is not in possession of it? Give me a break. Sounds like a sham to me. If it isn't then just, show the dam birth certificate and get on with it.
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jimbom121 replies:
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ummm, try a Google search...you'll find it.
san850 replies:
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Get a grip, hancul6...do you suffer from a victim complex or something? Or perhaps you are reading too many comics about "big, bad conspiracies"? FYI, his citizenship has been validated by everyone who matters...FBI, CIA, NSA, Homeland Security, and more...so why do you think it matters that YOU see a copy? If you were shown a certified copy, you would still not be content and still say that it was fake and another "conspiracy". Grow up!
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EdwardHotel says:
Obama supporters always react with crazy comments (space alien, Socialist..etc). Let us see the Birth Certificate and College records and we'll be the 1st to say OK; it is that simple.

I'm starting to sound like Chris Matthews... oh no!
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jimbom121 replies:
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ummm, try a Google search...you'll find it.
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EdwardHotel says:
This is very odd; we have been told for the last 2 years that we have seen the Birth Certificate. I guess we have been lied to.

What was presented was a 'Certification of Live Birth" all that says is he was born, not where. His half-sister has a certificate of live birth and she admits being born in Indonesia.
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Chili-dog1 replies:
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"What was presented was a 'Certification of Live Birth" all that says is he was born, not where."
===================

On the Hawaiian COLB form, what part of "CITY, TOWN OR PLACE OF BIRTH" don't you understand? Seriously.
Chili-dog1 replies:
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"His half-sister has a certificate of live birth and she admits being born in Indonesia."
================================
Being half right only makes you a half wit. Yes, his sister was born in Indonesia, and no, his sister does not have a Hawaiian COLB.
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