How Congress was prepped to dismiss ‘birthers’
WND Exclusive BORN IN THE USA?
How Congress was prepped to dismiss ‘birthers’
Research office memo includes FactCheck.org attack
Posted: November 11, 2010
10:15 pm Eastern
By Jerome R. Corsi
© 2011 WND
The Congressional Research Service is a public policy research arm of the United States Congress that is organized as a legislative branch agency within the Library of Congress. It works exclusively for members of Congress, congressional committees and congressional staff in an advisory capacity, answering questions.
The CRS issued a memo to prepare members of Congress to rebut and defuse questions constituents were asking regarding Barack Obama’s presidential eligibility.
CRS staff member Jerry W. Mansfield…confirmed to WND that he authored the June 5, 2009, CRS memo entitled “Qualifications of Barack Obama to Be President of the United States.”
The CRS begins the memo by stating the problem: “Many of the inquiries have questioned why then-Senator, and now President, Obama has not had to produce an original, so-called ‘long’ version of a ‘birth certificate’ from the State of Hawaii, how federal candidates are ‘vetted’ for qualifications generally, and have asked for an assessment of the various allegations and claims of non-eligibility status . Concerning the production or release of an original birth certificate, it should be noted that there is no federal law, regulation, rule, guideline, or requirement that a candidate for federal office produce his or her original birth certificate, or a certified copy of the record of live birth, to any official of the United States government; nor is there a requirement for federal candidates to publicly release such personal record or documentation. Furthermore, there is no specific federal agency or office that ‘vets’ candidates for federal office as to qualifications or eligibility prior to return.”
WND has posted the CRS memo on Scribd.com for download. Attached to the memo was *an attack piece* published by FactCheck.org to dismiss claims that Obama’s short-form Certification of Live Birth, or COLB,…was a forgery. The memo was addressed to Rep. Brian Bilbray, R-Calif., and sent to Jeffrey Post, a staff member in the congressman’s office. Mansfield told WND that he had written the memo to provide responses Bilbray could give to constituents who were peppering his congressional office for a response to eligibility challenges.
Attached to the memo were copies of four articles from the Internet aimed at debunking and dismissing arguments questioning Obama’s eligibility.
The CRS memo surfaced with a fax cover sheet sent by staffer Jeffrey Post from Bilbray’s Washington, D.C., office June 8, 2009, three days after Mansfield authored the memo and compiled the Internet attachments. Mansfield suggests that questions raised about Obama’s eligibility have been conclusively dismissed as Internet falsehoods that are taking on mythical proportions.
WND has reported that Bilbray is on the record saying there is NO NEED for the president to have been born in the United States – or to have two parents who are U.S. citizens – to be a “natural born citizen” and be eligible for the Oval Office.
The controversy over Bilbray’s comments developed when a YouTube.com video was posted. In the video of a television interview on MSNBC’s “The Ed Show,” Bilbray said, “It’s just like people thinking that you gotta be born in the United States to be president. You don’t have to be. That’s a legend. We got to clarify that.”
Mansfield said he “did not conduct any investigation.”
Mansfield was reluctant to talk to the press, and he ended the call abruptly saying, “I am getting contacted by irate people over this memo. It was meant as an advisory to a member of Congress. It was never meant to be released to the public”
The attachment from FactCheck.org was a posting on Aug. 21, 2008, entitled “The truth about Obama’s birth certificate.”
The first paragraph makes clear the piece was aimed at refuting the claim that the COLB was “fake.”
To refute the claim, FactCheck.org cited a statement by Hawaii Department of Health official Chiyome Fukino asserting she and the registrar of vital statistics, Alvin Onaka, had verified that the health department holds “Obama’s original birth certificate.”
Fukino issued a carefully worded statement on Hawaii DOH stationary Oct. 31, 2008, giving the impression that the agency possessed Obama’s “original birth certificate,” even though that is not precisely what she said.
What Fukino said was that she had “personally seen and verified that the Hawaii State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.” [no claim was made that it was a Hawaiian birth record nor that it was in their records but only "on record"]
The key phrase was the qualification “in accordance with state policies and procedures.”
Fukino did not explicitly say she had seen Obama’s original birth certificate or his long-form hospital-generated birth certificate. [That indicates that the statement was drafted with the legal consideration of avoiding a statement that was technically false]
The Hawaii Department of Health in 1961 would issue a Certification of Live Birth on the basis of family testimony, without any additional proof the child was actually born in Hawaii. WND has also reported that the Hawaii Department of Health has refused to substantiate the claim made by FactCheck.org and other Obama supporters that the short-form COLB is an authentic document issued by the Hawaii DOH.
The FactCheck.org claimed the statement “confirmed … Obama was born in Honolulu,” even though Fukino made no such direct claim!
Nor did Mansfield point out in his CRS memo to Bilbray that the Annenberg Public Policy Center that finances FactCheck.org also financed Barack Obama (!) who served as the Chairman of the Chicago Annenberg Challenge in 1995. At that time the CAC made a $482,662 grant to a workshop project headed by Mike Klonsky, a former top COMMUNIST activist who is an associate of former Weather Underground terrorist leader William Ayers, as documented by WND reporter Aaron Klein.
CRS memorandum authored by Jack Maskell, the Legislative Attorney in the American Law Division, April 3, 2008, admits openly that no one – not Congress, not the states and not election officials – ever bothered to check Obama’s eligibility to be president.
Read more: How Congress was prepped to dismiss ‘birthers’ http://www.wnd.com/?pageId=226697#ixzz1QirPAJ00
By Jerome R. Corsi
© 2011 WND
The analysis by the Congressional Research Service, a research arm of the U.S. Congress, openly admits no one in the federal government, including Congress, ever asked to see Obama’s long-form, hospital-generated birth certificate. It explains no one was required to do so.
Read more: Congress report concedes Obama eligibility unvetted http://www.wnd.com/?pageId=225561#ixzz1Qitn75Pv
The CRS memo also admits that federal elections are administered under state law. “The mechanics of elections of federal officials within the several states are administered under state law. The quadrennial presidential election, although required since 1845 to be held on the same day in each state is, in an administrative and operational sense, fifty-one separate elections in the states and the District of Columbia for presidential electors. States generally control, within the applicable constitutional parameters, the administrative issues, questions, and mechanisms of ballot placement and ballot access.”
The next key point is that like federal law, neither do state laws require anyone to examine the birth qualifications of presidential candidates. “In Keyes v. Bowen, the California Supreme Court discussed a suit against the secretary of state that challenged President Obama’s eligibility and the California electoral votes for [the] finding that: ‘Petitioners have not identified any authority requiring the secretary of state to make an inquiry into or demand detailed proof of citizenship from presidential candidates,’ and thus mandamus (a writ of mandate) was not granted. However, although no ‘ministerial duty’ or mandatory requirement exists to support a mandamus action, there may still exist discretionary authority in such elections official.”
A writ of mandamus in this case brought by Ambassador Alan Keyes would have involved a court order being issued by the secretary of state in California demanding Obama produce his long-form, hospital-generated birth certificate to get his name on California’s presidential ballot in 2008.
What the CRS is saying is that since there was no state law demanding Obama show his birth certificate, the court could not demand he do so. It was entirely up to the California secretary of state who had discretion to ask for the document or not ask for the document, depending upon what the California secretary of state, a Democrat for othis election cycle, wanted to do.
The CRS’s conclusion is that Obama could refuse to show his long-form, hospital-generated birth certificate because no state or federal law required him reveal it. The result is that Obama could choose exactly what information – and in what format – he wanted released.
Read more: Congress report concedes Obama eligibility unvetted http://www.wnd.com/?pageId=225561#ixzz1QivLicUo