What's Your Evidence?

Was Obama's COLB Forged? Did Obama Post a Forged COLB on his Campaign's Website?

As outlined in more detail below, Mr. Philip A. Berg alleges, in his lawsuit against Obama, that the birth certificate published on Obama's website is a forgery.  (Note:  Berg's complaint has been dismissed, but he is appealing in both the Third Circuit and the Supreme Court.  See here for current status of his appeals.)

12/30 Update:  Several editorial changes were made to conform to related, updated posts.

So, the question is, what's the evidence to support these allegations? 

(Note:  If you are aware of additional evidence, that either supports or refuts the allegations, please submit it through a Comment, and we will update this information accordingly! Thank you!)

Let's break the allegations down:

Allegation		Pleading Citation(s)	Evidence Cited in Pleadings
A	"After many attempts of the public to obtain Obama's Certificate of Birth,....	Complaint ¶ 35; see also TRO Memo at 8.	None.
B	... a Hawaiian Certificate of Live Birth (COLB) was placed on Obama's campaign website."	Id.	None.
C	"However, as posted all over the internet, three (3) independent Document Forensic Experts performed extensive Forensic testing on the Certificate of Live Birth posted on Obama's campaign website."	Id.	None.
D	"The Forensic Expert findings were the Certificate of Live Birth (COLB) was in fact a forgery."	Id.	None.
E	"It was further discovered that this original Certificate of Live Birth which had been altered and forged was issued to Maya Kasandra Soetoro, born in 1970."	Id.	None.
F	"Maya Kasandra Soetoro is Obama's half sister who was born in Indonesia ...	Id.; see also Complaint ¶ 66.	None.
G	...and her birth was later registered in Hawaii."	Id.	None.
H	"The altered and forged COLB ...	Id.	None.
I	... is still on Obama's website located at http://my.barackobama.com/page/invite/birthcert [sic] "	Id.	Link.
J	"Obama clearly shows consciousness of guilt by his actions by posting a forged birth certificate on his website, and by and the falsifications he told to cover his loss of citizenship."	Complaint ¶ 39; see also TRO Memo at 9.	None.
K	"Obama attempted to defraud Plaintiff and the American people by allowing an altered and forged Hawaii Certificate of Live Birth (COLB) to be placed on his campaign website."	Complaint ¶ 66.	None.
L	"Obama was well aware the Government issued COLB was altered and forged as the original document was in the name of Maya Kasandra Soetoro born in 1970."	Id.	None.

Analysis of "Evidence" Available on the Internet

A	"After many attempts of the public to obtain Obama's Certificate of Birth,...."
What's Your Evidence?		Citation	Notes
????	We have found multiple "rhetorical" questions on the internet, but to date have not found evidence of any actual attempts or requests.  However, we recall previously reading that that at least some bloggers may have written e-mails and/or attempted to obtain the birth certificate from the Hawaii Department of Health. 9/22 Update:  Politifact reported that: We tried to obtain a copy of Obama's birth certificate, but his campaign would not release it and the state of Hawaii does not make such records public. (UPDATE: On June 12, 2008, the Obama campaign e-mailed to PolitiFact a copy of the senator's birth certificate. It confirms our findings. See it for yourself here.)	======== 9/22 Update Source: See Politifact.com, Truth-o-Meter.	---
????	We received a comment from Polarik (the person we believe is one of the "experts" identified in Berg's Complaint). While the Comment did not comply with our standards for publishable comments, we note that his comment included the following information:  "My evidence consistgs of three months of solid, irrefutable proof that (a) Obama has never shown his original birth record or his current birth record to the media or to any neutral party..." While Polarik's comment did not provide evidence of any actual attempts or requests, we are including this information as promised. 12/30 Update: For additional information on Polarik's Subsequent Reports (and comments), see here.	N/A ======== 9/22 Update Source:  See Certificate of Live Birth analysis - Part one (Polarik, Sept. 18, 2008)	---
Conclusion: Unclear at time of Filing; True Now.
As noted above, while we have yet not found evidence of such requests, we do believe that at least some bloggers attempted to obtain this information from the Hawaii Dept. of Health. 12/30 Update: TRUE NOW:  In the months since Berg's case was filed, multiple bloggers have reported their attempts to obtain the Birth Certificate. Additionally, the Hawaii Department of Health has commented on multiple requests for the Birth Certificate. See, e.g., "Officials verify birth certificate of Obama; Hawaii's health director steps in after numerous requests for the document," Star-Bulletin, Nov. 1, 2008; Obama's Certificate of Birth OK, State Says; Health Director Issues Voucher in Response to 'Ridiculous' Barrage, Honolulu Advertiser, Nov. 1, 2008 (""This has gotten ridiculous," state health director Dr. Chiyome Fukino said yesterday. "There are plenty of other, important things to focus on, like the economy, taxes, energy." So, in what likely will be a vain attempt to halt the inquiries, Fukino yesterday issued a statement saying that she and the registrar of vital statistics personally inspected Obama's birth certificate and found it to be valid. Will this be enough to quiet the doubters? "I hope so," Fukino said. "We need to get some work done." Fukino issued her statement to try to stomp out persistent rumors that Obama was not born in Honolulu -- and is therefore not a U.S. citizen and thus ineligible to run for president.)

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B	"... a Hawaiian Certificate of Live Birth (COLB) was placed on Obama's campaign website."
What's Your Evidence?		Citation	Notes
True	A copy of Obama's COLB was posted on Obama's campaign website.	See here.	---
Conclusion: True
A copy of the COLB is posted on Obama's campaign website.

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C	"However, as posted all over the internet, three (3) independent Document Forensic Experts performed extensive Forensic testing on the Certificate of Live Birth posted on Obama's campaign website."
What's Your Evidence?
????	Because Mr. Berg does not identify the alleged "Document Forensic Experts," it is virtually impossible to determine the person(s) to whom he is referring. However, we have located two one (but not three) anonymous posters who allege (a) that they are "experts" or "document forensic experts"; and (b) that they peformed "extensive testing" or "performed extensive forensic testing" on the COLB posted on the Obama campaign website.  Both posters have declined to identify themselves, but go by the "screennames" of of "Polarik" and "TechDude." Because the information relating to Polarik and Techdude is rather extensive, we've created separate pages to deal with each person's claims: Analysis of Polarik's Findings Analysis of Techdude's Findings (under construction; check back for links!) 9/22 Update:  Mr. Berg has now identified - at least by screen name - one of the alleged "experts," confirming our assumption that Polarik was one of the three experts Berg referenced was Polarik. See Certificate of Live Birth analysis - Part one (Polarik, Sept. 18, 2008).  On the Berg website, this person identifies himself as "Ron Polarik." 12/29 Update:  However, in publishing a Mr. Berg has published a video of "Dr. Ron Polarik," discussing his claims, video of Polarik discussing his Claims, the Berg site introduced the video as follows:  "This video provides an analysis of Obama's Certificate of Live Birth by Dr. Ron Polarik detailing the factors contributing to his conclusion that the document is not authentic. "Dr. Polarik" is a pseudonym and his identity is obscured in this video." 9/24 Update:  It has been reported to us that a Berg representative has expressly denied that "Techdude" (or "Tech Dude") is one of their experts.  Per the report, "Berg's Assistant" stated:  "Now, just to clear the air, I want to be very clear, Tech dude is NOT one of our Experts. ...[Y]ou don't know who techdue is, however, we do."   Link provided in report (Statement in comments).  As noted in a separate comment (by "SE"), Berg's website posted an article on August 23, titled "Forensic analysis of Obama birth certificate." In that article, Mr. Berg stated:  "My deepest thanks and appreciation our forensic analyst[] & .," and invited the public to read that analyst's full report: "Read the completer (sic) report at Atlas Shrugs" -- which is, in fact, a "Final Report" written by "Techdude."   This article was removed from Berg's site sometime after September 18, but can still be found in Google's cache: Forensic analysis of Obama birth certificate.
FALSE	Other self-identified experts and investigators, most of whom have disclosed their real name and credentials, have determined that the COLB is, in fact, authentic, as summarized here and/or here.
Conclusion: Unclear
We can confirm that two one (but not three) anonymous posters* have published materials in which it is asserted that they are experts or document forensic experts and that they performed extensive forensic testing or performed extensive testingon an Obama COLB. Moreover, multiple attributed and attributable sources have reported that the COLB is authentic, as reported here. *9/24 Update: See note above re: Techdude.

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D	"The Forensic Expert findings were the Certificate of Live Birth (COLB) was in fact a forgery."
What's Your Evidence?
????	Because Mr. Berg does not identify the alleged "Document Forensic Experts," it is virtually impossible to determine the person(s) to whom he is referring. However, we have located two one (but not three) anonymous posters who allege (a) that they are "document forensic experts"; and (b) that they "performed extensive forensic testing" on the COLB posted on the Obama campaign website. Both posters have declined to identify themselves, but go by the "screennames" of "Polarik" and "TechDude." Because the information relating to Polarik and Techdude is rather extensive, we've created separate pages to deal with each person's claims: Analysis of Polarik's Findings Analysis of Techdude's Findings (under construction; check back for links!) 9/22 Update:  Mr. Berg has now identified - at least by screen name - one of the alleged "experts," confirming our assumption that Polarik was one of the three experts Berg referenced was Polarik. See Certificate of Live Birth analysis - Part one (Polarik, Sept. 18, 2008).  On the Berg website, this person identifies himself as "Ron Polarik." 12/29 Update:  However, in publishing a Mr. Berg has published a video of "Dr. Ron Polarik," discussing his claims, video of Polarik discussing his Claims, the Berg site introduced the video as follows:  "This video provides an analysis of Obama's Certificate of Live Birth by Dr. Ron Polarik detailing the factors contributing to his conclusion that the document is not authentic. "Dr. Polarik" is a pseudonym and his identity is obscured in this video." 9/24 Update: It has been reported to us that a Berg representative has expressly denied that "Techdude" (or "Tech Dude") is one of their experts.  Per the report, "Berg's Assistant" stated:  "Now, just to clear the air, I want to be very clear, Tech dude is NOT one of our Experts. ...[Y]ou don't know who techdue is, however, we do."   Link provided in report (Statement in comments).  As noted in a separate comment (by "SE"), Berg's website posted an article on August 23, titled "Forensic analysis of Obama birth certificate." In that article, Mr. Berg stated:  "My deepest thanks and appreciation our forensic analyst[] & .," and invited the public to read that analyst's full report: "Read the completer (sic) report at Atlas Shrugs" -- which is, in fact, a "Final Report" written by "Techdude."   This article was removed from Berg's site sometime after September 18, but can still be found in Google's cache: Forensic analysis of Obama birth certificate.
FALSE	Other self-identified experts and investigators, most of whom have disclosed their real name and credentials, have determined that the COLB is, in fact, authentic, as summarized here and/or here.
Conclusion: Unclear
We can confirm that two one (but not three) anonymous posters* have published their conclusions that an Obama COLB was forged (although not necessarily the COLB file posted on the Obama campaign website). Moreover, multiple attributed and attributable sources have reported that the COLB is authentic. *9/24 Update: But see note above re: Techdude.

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E	"It was further discovered that this original Certificate of Live Birth which had been altered and forged was issued to Maya Kasandra Soetoro, born in 1970."
What's Your Evidence?		Citation	Notes
False	See Conclusion.	See Conclusion.	---
Conclusion: False/Unsubstantiated
We have conducted multiple Google searches, but have been unable to find the original source reporting this, although we found many many posts referencing the Berg complaint itself. We did find this entry at NoQuarter:  Why Is Maya Soetoro's Name on Barack's Phony Certificate of Live Birth? (and a few other entries such as this), which reference a report on TexasDarlin's blog. However, TexasDarlin, noted some issues with TechDude's work (cached here): "All information that we have received from Techdude has been published.  We have not seen the rest of his evidence.  At present, he is unavailable.  Should he not respond promptly, we will remove his statements and findings.  In the future, if we receive all of the documentation he promised and are able to prove that it's credible, we will restore his reports." She subsequently pulled all of Techdude's work off her website. We have not located any blog which continues to espouse this theory, although, as noted above, we've found multiple postings refering to Berg's complaint and/or the retracted original report on TexasDarlin. See also Polarik's analysis of Techdude here (post 45):  (Note: Polarik is the other identified "expert" apparently referenced in Berg's complaint.): "....I broke the news about how TechDude fabricated his evidence and pretty much lied about everything else. I knew it from the beginning, and all the time, I kept it to myself, as a favor to TexasDarling, who had done an "Exclusive" on his work just as Pam Geller had done, as well as Israel Insider, too. He suckered a lot of people an tarnished not only himself, but everyone else who trusted him...." Special Note:  We have not yet located the original report in which Polarik "broke the news" referenced above, and were unable to located it on his blog.  However, we will update this information if and when we find it. Therefore, we conclude that this assertion is false and/or unsubstantiated. 9/24 Update: It has been reported to us that a Berg representative has expressly denied that "Techdude" (or "Tech Dude") is one of their experts.  Per the report, "Berg's Assistant" stated:  "Now, just to clear the air, I want to be very clear, Tech dude is NOT one of our Experts. ...[Y]ou don't know who techdue is, however, we do."   Link provided in report (Statement in comments).  As noted in a separate comment (by "SE"), Berg's website posted an article on August 23, titled "Forensic analysis of Obama birth certificate." In that article, Mr. Berg stated:  "My deepest thanks and appreciation our forensic analyst[] & .," and invited the public to read that analyst's full report: "Read the completer (sic) report at Atlas Shrugs" -- which is, in fact, a "Final Report" written by "Techdude."   This article was removed from Berg's site sometime after September 18, but can still be found in Google's cache: Forensic analysis of Obama birth certificate.

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F	"Maya Kasandra Soetoro is Obama's half sister who was born in Indonesia."
What's Your Evidence?		Citation	Notes
True	According to sources cited in Wikipedia, as well as Obama's memoir, Dreams of My Father, Maya Soetoro is Obama's half sister who was born in Indonesia. Disclaimer:  See Important Note re: Wipedia, here.	Wikipedia - Maya Soetoro-Ng.	---
Conclusion: True/Undisputed
It is undisputed that Maya Soetoro is Obama's half sister who was born in Indonesia.

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G	"...and her birth was later registered in Hawaii."
What's Your Evidence?		Citation	Notes
False	See Conclusion.	See Conclusion.	---
Conclusion: False/Unsubstantiated
We have conducted multiple Google searches, but have been unable to find the original source reporting this, although we found many many posts referencing the Berg complaint itself. We did find this entry at NoQuarter:  Why Is Maya Soetoro's Name on Barack's Phony Certificate of Live Birth? (and a few other entries such as this), which reference a report on TexasDarlin's blog. However, TexasDarlin, noted some issues with TechDude's work (cached here): "All information that we have received from Techdude has been published.  We have not seen the rest of his evidence.  At present, he is unavailable.  Should he not respond promptly, we will remove his statements and findings.  In the future, if we receive all of the documentation he promised and are able to prove that it's credible, we will restore his reports." She subsequently pulled all of Techdude's work off her website. We have not located any blog which continues to espouse this theory, although, as noted above, we've found multiple postings refering to Berg's complaint and/or the retracted original report on TexasDarlin. See also Polarik's analysis of Techdude here (post 45):  (Note: Polarik is the other identified "expert" apparently referenced in Berg's complaint.): "....I broke the news about how TechDude fabricated his evidence and pretty much lied about everything else. I knew it from the beginning, and all the time, I kept it to myself, as a favor to TexasDarling, who had done an "Exclusive" on his work just as Pam Geller had done, as well as Israel Insider, too. He suckered a lot of people an tarnished not only himself, but everyone else who trusted him...." Therefore, we conclude that this assertion is false and/or unsubstantiated. 9/24 Update: It has been reported to us that a Berg representative has expressly denied that "Techdude" (or "Tech Dude") is one of their experts.  Per the report, "Berg's Assistant" stated:  "Now, just to clear the air, I want to be very clear, Tech dude is NOT one of our Experts. ...[Y]ou don't know who techdue is, however, we do."   Link provided in report (Statement in comments).  As noted in a separate comment (by "SE"), Berg's website posted an article on August 23, titled "Forensic analysis of Obama birth certificate." In that article, Mr. Berg stated:  "My deepest thanks and appreciation our forensic analyst[] & .," and invited the public to read that analyst's full report: "Read the completer (sic) report at Atlas Shrugs" -- which is, in fact, a "Final Report" written by "Techdude."   This article was removed from Berg's site sometime after September 18, but can still be found in Google's cache: Forensic analysis of Obama birth certificate.

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H	"The altered and forged COLB ..."
What's Your Evidence?		Citation	Notes
????	See conclusion.	---	---
Conclusion: Unclear
As shown above, we have left the conclusion regarding any forgery as "unclear," especially given that we have been unable to determine who third [two of the three] "independent forensic expert" is are, or what his/her [their] findings are. See also: Analysis of Polarik's Findings Analysis of Techdude's Findings (under construction; check back for links!) 9/22 Update:  Mr. Berg has now identified - at least by screen name - one of the alleged "experts," confirming our assumption that Polarik was one of the three experts Berg referenced was Polarik. See Certificate of Live Birth analysis - Part one (Polarik, Sept. 18, 2008).  On the Berg website, this person identifies himself as "Ron Polarik." 12/29 Update:  However, in publishing a Mr. Berg has published a video of "Dr. Ron Polarik," discussing his claims, video of Polarik discussing his Claims, the Berg site introduced the video as follows:  "This video provides an analysis of Obama's Certificate of Live Birth by Dr. Ron Polarik detailing the factors contributing to his conclusion that the document is not authentic. "Dr. Polarik" is a pseudonym and his identity is obscured in this video." 9/24 Update: It has been reported to us that a Berg representative has expressly denied that "Techdude" (or "Tech Dude") is one of their experts.  Per the report, "Berg's Assistant" stated:  "Now, just to clear the air, I want to be very clear, Tech dude is NOT one of our Experts. ...[Y]ou don't know who techdue is, however, we do."   Link provided in report (Statement in comments).  As noted in a separate comment (by "SE"), Berg's website posted an article on August 23, titled "Forensic analysis of Obama birth certificate." In that article, Mr. Berg stated:  "My deepest thanks and appreciation our forensic analyst[] & .," and invited the public to read that analyst's full report: "Read the completer (sic) report at Atlas Shrugs" -- which is, in fact, a "Final Report" written by "Techdude."   This article was removed from Berg's site sometime after September 18, but can still be found in Google's cache: Forensic analysis of Obama birth certificate.

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I	"[The COLB] ...is still on Obama's web site located at http://my.barackobama.com/page/invite/birthcert [sic] "
What's Your Evidence?		Citation	Notes
True	The COLB is, as of today, still posted on the Obama campaign web site, here.	COLB - Obama Campaign Website	---
Conclusion: True
As of today (September 9, 2008), the COLB is still posted on the Obama campaign website.

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J	"Obama clearly shows consciousness of guilt by his actions by posting a forged birth certificate on his website, and by and the falsifications he told to cover his loss of citizenship."
What's Your Evidence?		Citation	Notes
False	See Conclusion.	None.	---
Conclusion: False/Unsubstantiated
As shown above, we have left the conclusion regarding any forgery as "unclear," given that we have been unable to determine who [two of the three] the third "independent forensic expert" is are, or what his/her [their] findings are. With respect to the one identified expert, see Analysis of Polarik's Findings. However, even if it were determined that a file was forged, Berg has provided no evidence, and we have been unable to locate any evidence indicating that Obama knew of any such forgery.

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K	"Obama attempted to defraud Plaintiff and the American people by allowing an altered and forged Hawaii Certificate of Live Birth (COLB) to be placed on his campaign website."
What's Your Evidence?		Citation	Notes
False	See Conclusion.	None.	---
Conclusion: False/Unsubstantiated
As shown above, we have left the conclusion regarding any forgery as "unclear," given that we have been unable to determine who [two of the three] the third "independent forensic expert" is are, or what his/her [their] findings are. With respect to the one identified expert, see Analysis of Polarik's Findings. However, even if it were determined that a file was forged, Berg has provided no evidence, and we have been unable to locate any evidence indicating that Obama knew of any such forgery.

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L	"Obama was well aware the Government issued COLB was altered and forged as the original document was in the name of Maya Kasandra Soetoro born in 1970."
What's Your Evidence?		Citation	Notes
False	See Conclusion.	None.	---
Conclusion: False/Unsubstantiated
As shown above, we have left the conclusion regarding any forgery as "unclear," given that we have been unable to determine who [two of the three] the third "independent forensic expert" is are, or what his/her [their] findings are. With respect to the one identified expert, see Analysis of Polarik's Findings. However, even if it were determined that a file was forged, Berg has provided no evidence, and we have been unable to locate any evidence indicating that Obama knew of any such forgery.

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Did Obama Lie on his Illinois ARDC Lawyer Registration Form?

As outlined in more detail below, Mr. Philip A. Berg alleges, in his lawsuit against Obama, that Obama lied to the Illinois Supreme Court in his Attorney Registration filing. (Note:  Berg's complaint has been dismissed, but he is appealing in both the Third Circuit and the Supreme Court.  See here for current status of his appeals.)

So, the question is, what's the evidence to support these allegations? 

(Note:  If you are aware of additional evidence, that either supports or refuts the allegations, please submit it through a Comment, and we will update this information accordingly! Thank you!)

Let's break the allegations down:

Allegation		Pleading Citation(s)	Evidence Cited in Pleadings
A	"Further investigation led to Obama's State Bar Registration and Public Disciplinary Record."	Complaint ¶ 36; see also TRO Memo at 8.	None
B	"On the Illinois State Bar Registration and Public Disciplinary Record it specifically asks for 'Full former name(s).'"	Id.	None
C	"Obama put 'None,' when in fact he went by the name Barry Soetoro, and Barry Obama."	Id.	None
D	"It is further believed Obama has used the name Barry Dunham."	Id.	None
E	"Obama lied on the State government form that he signed under the penalty of perjury."	Id.	None

Analysis of "Evidence" Available on the Internet

A	"Further investigation led to Obama's State Bar Registration and Public Disciplinary Record."
What's Your Evidence?		Citation	Notes
Unk?	Apparently, Berg's "investigation" involved internet research leading him to this claim made by several (anonymous) bloggers.	See Obama failed to list other names he has used on his Illinois ARC registration, available on Berg's website.	See Conclusion.
Conclusion: Unable to verify extent of investigation, but apparently inadequate.
As noted above, it appears that Berg did not undertake a reasonable investigation into the allegations raised by various, mostly anonymous bloggers.

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B	"On the Illinois State Bar Registration and Public Disciplinary Record it specifically asks for 'Full former name(s).'"
What's Your Evidence?		Citation	Notes
Unk?	Berg cites a printout of the results obtained from a search for "Barack Obama" in the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois (ARDC-IL).	See Obama failed to list other names he has used on his Illinois ARC registration.	See Conclusion.
False	However, Berg inaccurately claims that the form "asks" for "full former name(s).    In fact, the form displays full former name(s) reported by the attorney: "ARDC Individual Attorney Record of Public Registration and Public Disciplinary and Disability Information as of August 26, 2008 at 12:36:02 PM:"	See ARDC-IL, Attorney Search Results for Barack Obama.	See Conclusion.
	As explained by the ARDC-IL, (a) the "Full Licensed Name" displays the current name under which the attorney is licensed in Illinois; and (b) the "Full Former Name(s) displays any former names under which the attorney was licenced to practice law in Illinois:  "The ARDC master roll of registered attorneys lists a lawyer's name in the same manner as the name appears on the roll of attorneys. The roll of attorneys is a list of all attorneys admitted to practice of law in Illinois. ... A lawyer's name on the Clerk's roll of attorneys is the name under which the lawyer was admitted to the practice of law in Illinois or, if any name changes have been allowed by the Court, the most recent such change." 8/27 Update:  The Illinois ARDC Clerk's Office confirms that The Former Names Field contains only the name(s) of the person previously listed on the Illinois Master Roll of attorneys licensed to practice law in Illinois; and The Former Names Field does not refer to any name(s) adopted prior to becoming licensed to practice law in Illinois; nor does it refer to any informal names used by the attorney at issue.	See ARDC-IL, Lawyer Registration - Request for Name Change. 8/27 Update:  See also "Dissecting, and Refuting, Philip Berg's Perjury Claim," AmericasRight.com	See Conclusion.
	Stated another way, if Alice Attorney gets married (or divorced) and changes her name to Alice Lawyer *after* she's admitted into practice, then she must file a name change with the Illinois Supreme Court. Her prior name -- i.e., the name under which she was admitted -- will show up as a former name. To see this, conduct a search for Michelle Obama - a perfect example - here: the ARDC search for Michelle Obama provides a perfect example of this fact. Her results are as follows: Full Licensed Name: Michelle Obama Full Former name(s): Michelle Lavaughn Robinson	See ARDC-IL, Attorney Search Results for Michelle Obama.  8/27 Update:  See also "Dissecting, and Refuting, Philip Berg's Perjury Claim," AmericasRight.com	See Conclusion.
Conclusion: False; Direct Evidence Contradicts Allegation
Berg's allegation is, quite simply, false. The screenshot produced on his website is a public record of Obama's public ARDC information.  Berg has provided no evidence to support his allegation that Barack had any former legal names. Even assuming facts not in evidence - i.e., that Barack actually had former legal names, Berg has provided no evidence to support his allegation that Barack failed to disclose them to the Illinois Supreme Court.  The ARDC simply does not reflect such information. The ARDC Register website makes clear that the names listed on the attorney register are names under which the person was licenced to practice law in Illinois. To clarify: Assuming that Barack (a) had a different legal name, and -- to take it further, assuming that (b) he disclosed that legal name on his application for admission to the bar, that name would NOT show up on the Lawyer Register website. The purpose of the Lawyer Register is for citizens to be able to search for lawyers and to see, e.g, if they've ever been subject to discipline by the Bar. Thus, if a person practiced under a different name, that other name must be disclosed. (Otherwise, a person who was disciplined could avoid "disclosure" simply by changing his/her name.) Thus, what shows up on the Lawyer Register website is other names that the attorney used during the practice of law. In short, on the issue of whether Obama, assuming he had a different name, disclosed any such different name on his Illinois Bar Application, the screenshot of Obama's record in the Illinois Lawyer Register on Berg's website provides no evidence of that fact one way or the other.

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C	"Obama put 'None,' when in fact he went by the name Barry Soetoro, and Barry Obama."
What's Your Evidence?		Citation	Notes
False	See B, above for both Berg's "evidence" and the facts directly refuting Berg's evidence.	See B, above.	See Conclusion.
Conclusion: False; Direct Evidence Contradicts Allegation
See B, above.

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D	"It is further believed Obama has used the name Barry Dunham."
What's Your Evidence?		Citation	Notes
False	None.	None.	See Conclusion.
Conclusion: Likely False; Not Supported by Any Verifiable Facts
Many blogs refer to Barack Obama as "Barry Durham," but no article has been located containing facts/evidence indicating that Obama actually adopted the legal name of "Barry Dunham."

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E	"Obama lied on the State government form that he signed under the penalty of perjury."
What's Your Evidence?		Citation	Notes
False	See B, above for both Berg's "evidence" and the facts directly refuting Berg's evidence.	See B, above.	See Conclusion.
Conclusion: False; Direct Evidence Contradicts Allegation
See B, above. 9/23 Update:  This conclusion section previously contained an analogy to illustrate a logical problem with Berg's argument.  However, it has been reported to us that Berg and/or his representatives misunderstood the analogy to be an allegation of improper conduct against Berg.  It was in no manner intended as such.  Therefore, we have removed the analogy to prevent any other readers from misunderstanding the point. We generally make our corrections in "markup"/via strikethrough; however, given that reported misunderstanding of the text, we are deleting the comment in its entirety, to ensure that no one else makes that mistake.

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Was Obama's COLB Forged? Did Obama Post a Forged COLB on his Campaign's Website? - Polarik's Claims

As outlined in more detail below, Mr. Philip A. Berg alleged, in his complaint filed against Obama, that "[A]s posted all over the internet, three (3) independent Document Forensic Experts performed extensive Forensic testing on the Certificate of Live Birth posted on Obama's campaign website. The Forensic Expert findings were the Certificate of Live Birth (COLB) was in fact a forgery." (Note:  Berg's complaint has been dismissed, but he is appealing in both the Third Circuit and the Supreme Court.  See here for current status of his appeals.)

So, the question is, what's the evidence to support these allegations? 

(Note:  If you are aware of additional evidence, that either supports or refutes the allegations, please submit it through a Comment, and we will update this information accordingly! Thank you!)

Let's break the allegations down:

---

12/3 Update:

Polarik's YouTube Video:  Mr. Berg has published a video of "Dr. Ron Polarik," discussing his claims, New Video: Dr. Ron Polarik on the authenticity of Obama's COLB, introduced as follows:  "This video provides an analysis of Obama's Certificate of Live Birth by Dr. Ron Polarik detailing the factors contributing to his conclusion that the document is not authentic. "Dr. Polarik" is a pseudonym and his identity is obscured in this video."

• Steve Eddy has issued his analysis of the claims made in the YouTube video here:  Polarik's YouTube Video (Koyaan's Blog). (Updated 12/4)  

Polarik's Latest Report: Polarik has also recently published his "final report," here: Polarik's final report: Obama's 'Born' Conspiracy; Forged images, phony photos, and felony fraud.  (Polarik reported this to us in an 11/22 comment tagged by Typepad as "spam," and, as such, his comment was received just today in the process of cleaning out our spam folder.)

• Dr. Neal Krawetz (real name) has issued his analysis of Polarik's final report here: Bad Science: How Not To Do Image Analysis Part II.

It will take us a bit to break these reports down into an issue by issue analysis. However, as Polarik's new report renders at least some of the information regarding prior reports obsolete, we have removed the information regarding other self-identified experts' analyses of his old reports.  We've included the link to the one other self-identified expert who has evaluated his new report, and will provide links/information to other reports (whether supporting or refuting the current claims) as they are reported to us.  

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9/22 Update: Mr. Berg has now published a revised report issued by "Ron Polarik" See Certificate of Live Birth analysis - Part one (Polarik, Sept. 18, 2008).  Therefore, we have confirmed that Polarik is one of the referenced "experts" on this issue.  We are evaluating Polarik's report and will update this post to reflect that information soon. 

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So, again, the question is, what's the evidence to support these allegations? 

(Note:  If you are aware of additional evidence that either supports or refutes the allegations, please submit it through a Comment, and we will update this information accordingly.  Thank you!)

Let's break the allegations down:

Allegation		Pleading Citation(s)	Evidence Cited in Pleadings
A	Is "Polarik" a qualified "[forensic] expert" pursuant to the Federal Rules of Civil Procedure?	Complaint ¶ 35; see also TRO Memo at 8.	None.
B	Did Polarik evaluate the COLB posted on Obama's campaign website?	---	---
C	Did Polarik conduct "extensive [forensic] testing" on a COLB?	Id.	None.
D	Did Polarik determine that the COLB he evaluated is a forgery?	Id.	None.
E	Have other "experts" confirmed Polarik's findings as accurate?	---	---

Analysis of "Evidence" Available on the Internet

A	Is "Polarik" a qualified " forensic(?) expert" pursuant to the Federal Rules of Civil Procedure?
What's Your Evidence?			Citation
True	Polarik explains his expert qualifications in both the video noted in the 12/3 update, above and elsewhere.		See, e.g., New Video: Dr. Ron Polarik on the authenticity of Obama's COLB
??	12/3 Update:  Berg identifed Polarik as his (or one of his) experts on his COLB forgery claim, and  stated, in his original complaint that "extensive forensic testing" was done on the COLB (see citations above). However, Polarik has taken issue with our use of the term "forensic," commenting: "You repeatedly use the phrase, "forensic testing," in relation to my research, as if I had ever used it, or made any associations to it. The fact of the matter is that I have never claimed to be a "forensic" anything because, to me, "forensic" restricts the focus of the research to finding evidence of criminal activity. The use of the term is also inappropriate, because it obviates the entire sphere of investigative research conducted in hundreds of other fields." (Emphasis supplied) Thus, we've stricken the term "forensic" from this entry.  Polarik contends that he is not a forensic expert.  But see 12/29 update, below.  (As noted above, he describes his expert qualifications, including in the New Video: Dr. Ron Polarik on the authenticity of Obama's COLB and elsewhere.)		(11/22 Comment from Polarik; received 12/3)
??	12/29 Update:  In a comment submitted 12/23, Polarik now does claim to be a forensic expert: "I am the one and only one forensics expert in the field of Hawaiian Certification of Live Birth documnets and document reproduction." (Emphasis supplied)		(12/23 Comment from Polarik)
Conclusion: Unclear
12/3 Update:  Polarik asserts that he is an expert both in the video shown above and in his comments to us.  However, because he uses a pseudonym (at least according to Berg), it is impossible to verify his credentials or to determine whether they meet the qualifications set forth in the Federal Rules of Evidence on Expert Witnesses). See also Bad Science: How Not To Do Image Analysis Part II.  12/29 Update:  As to the issue of whether or not he is a forensic expert, we are unsure how to reconcile his two recent statements on the issue.

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B	Did Polarik evaluate the COLB posted on Obama's campaign website?
What's Your Evidence?			Citation
True	12/3 Update:  Polarik contends that he did and has recently offered information to support his claim, including the following: "To summarize, there was one, and only one, original source image that was forged, and four copies of this source image were distributed to (1) the pro-Obama Daily Kos blog, (2) Obama's Fight The Smears campaign website, (3) Annenberg's Factcheck website, and lastly, (4) the St. Petersburg times Politifact website. On all of these images, there is a telltale "dot" (a piece of dirt left on the scanner glass) that proves they all came from a single source file."		11/22 Comment from Polarik; received 12/3; see also, Polarik's final report: Obama's 'Born' Conspiracy; Forged images, phony photos, and felony fraud.
Conclusion: True
12/3 Update:  We have modified this section to "true," in that Polarik contends that there was only one original source image and so his analysis applies to all images, including the COLB image posted on Obama's website.

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C	Did Polarik conduct "extensive forensic (?) testing" on a COLB?
What's Your Evidence?			Citation
True	12/3 Update:  As evidenced by his most recent report, the multiple prior reports and published comments, and the post-final report publications of clarifications, etc. it is reasonable to conclude that Polarik conducted extensive testing on Obama's COLB.		See Polarik's final report: Obama's 'Born' Conspiracy; Forged images, phony photos, and felony fraud.
??	12/3 Update:  Berg identifed Polarik as his (or one of his) experts on his COLB forgery claim, and  stated, in his original complaint that "extensive forensic testing" was done on the COLB (see citations above). However, Polarik has taken issue with our use of the term "forensic," commenting: "You repeatedly use the phrase, "forensic testing," in relation to my research, as if I had ever used it, or made any associations to it. The fact of the matter is that I have never claimed to be a "forensic" anything because, to me, "forensic" restricts the focus of the research to finding evidence of criminal activity. The use of the term is also inappropriate, because it obviates the entire sphere of investigative research conducted in hundreds of other fields." (Emphasis supplied) Thus, we've stricken the term "forensic" from this entry.  Polarik contends that he is not a forensic expert.  But see 12/29 update, below.  (As noted above, he describes his expert qualifications, including in the New Video: Dr. Ron Polarik on the authenticity of Obama's COLB and elsewhere.)		(11/22 Comment from Polarik; received 12/3)
??	12/29 Update:  In a comment submitted 12/23, Polarik now does claim to be a forensic expert: "I am the one and only one forensics expert in the field of Hawaiian Certification of Live Birth documnets and document reproduction." (Emphasis supplied)		(12/23 Comment from Polarik)
Conclusion: True
12/3 Update:  See discussion above.  12/29 Update:  As to the issue of whether or not he is a forensic expert, we are unsure how to reconcile his two recent statements on the issue.

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D	Did Polarik determine that the COLB he evaluated is a forgery?
What's Your Evidence?			Citation
True	12/3 Update:  See his "final report."		See Polarik's final report: Obama's 'Born' Conspiracy; Forged images, phony photos, and felony fraud.
Conclusion: True
See above - Polarik's report concludes that the COLB was a forgery.

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E	Have other "experts" confirmed Polarik's findings as accurate?
What's Your Evidence?			Citation
????	12/3 Update:  We have been unable to find other self-identified experts to verify Polarik's findings.		n/a
	As to his prior reports, which contained some information and contentions that he's revised in his latest report, several other self-identified experts evaluated Polarik's findings and concluded that they were not valid. Note:  Because we have not yet compared prior reports to new reports, to determine whether the elements of Polarik's new report addressed in prior self-identified experts' challenges to his analysis and findings, we have removed references to those other self-identified experts' analysis at this time.		n/a
????	12/29 Update:  Polarik recently commented as follows: "I am the one and only one forensics expert in the field of Hawaiian Certification of Live Birth documnets and document reproduction. I meet all of the criteria, but if there are any loose ends then they have been tied up by questionable document forensics expert Sandra Ramsey Lines who has corroborated my final report." We have not been able to locate a copy of a report by Ms. Lines corroborating Polarik's forgery claims. However, we were forwarded a link to a declaration that appears to have been filed in a Hawaii case (that has since been dismissed). You can read the full declaration, along with Ms. Ramsey Lines' credentials and background here. In that affidavit, Ms. Ramsey Lines declares that: "Mr.Polarik raises issues concerning the COLB that I can affirm. Software such as Adobe Photoshop can produce complete images or alter images that appear to be genuine; therefore, any image offered the internet cannot be relied upon as being a copy of the authentic document."  (Declaration) She concludes that if an original exists, that original must be examined to obtain a definitive finding of genuineness or nongenuiness. (I.e., stated another way, it is impossible to determine whether an online image is genuine.) In the affidavit, Ms. Lines does not discuss or confirm Polarik's specific findings of forgery * but, rather, as summarized above, states that genuineness cannot be determined based on a digital image. *The only image-specific claim addressed in the Ramsey Lines affidavit is the obliteration of the Certificate No. on the online COLB image. Ms. Ramsey Lines described that aspect as "clearly questionable," and noted: "That number is a tracking number that would allow anyone to ask the question, "Does this number refer to the Certification of Live Birth for the child Barack Hussein Obama II?" It would not reveal any further personal information; therefore, there would be no justifiable reason for obliterating it." (Declaration) With respect to the blacked out certificate number, Factcheck.org reported as follows: "We asked the Obama campaign about the date stamp and the blacked-out certificate number. The certificate is stamped June 2007, because that's when Hawaii officials produced it for the campaign, which requested that document and "all the records we could get our hands on" according to spokesperson Shauna Daly. The campaign didn't release its copy until 2008, after speculation began to appear on the Internet questioning Obama's citizenship. The campaign then rushed to release the document, and the rush is responsible for the blacked-out certificate number. Says Shauna: "[We] couldn't get someone on the phone in Hawaii to tell us whether the number represented some secret information, and we erred on the side of blacking it out. Since then we've found out it's pretty irrelevant for the outside world." The document we looked at did have a certificate number; it is 151 1961 - 010641." See Born in the U.S.A., Factcheck.org; see also image of COLB with certificate number shown, posted by Factcheck.org here.		12/23 Comment from Polarik; Sandra Ramsey Lines Declaration; Born in the U.S.A., Factcheck.org
False	12/3 Update:  However, Dr. Neal Krawetz (real name) has reviewed Polarik's "final report," and concluded that it was based on "bad science." 12/29 Update:  Polarik takes issue with Dr. Krawetz's report here.		See Bad Science: How Not To Do Image Analysis Part II.
False	12/4 Update:  Additionally, Steve Eddy (real name) has reviewed Polarik's YouTube video claims, and concludes that the findings cannot be supported.		See Polarik's YouTube Video (Koyaan's Blog).
See also	Chris Hanson (real name) reported on his detailed analysis of the COLB image file posted on the Obama website. Hanson did not directly address Polarik's claims; however, he conducted his own analysis and concluded that the file was not manipulated improperly.		See Barack Obama Birth Certificate Image Tampering Analysis (from www.xenon.arcticus.com)
See also	Click here for other reports that have concluded that Obama's COLB is authentic and/or that he was, in fact, born in Hawaii. Note, however, that these reports do not expressly address Polarik's specific claims or reports, although some discuss investigations and analysis of the COLB and their determination that the COLB is authentic.		See Reports that Obama's COLB is Authentic.
Conclusion: Unclear
See discussion above.

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Federal Rules of Evidence re: Expert Witnesses

DISCLAIMER:  The information provided below is legal information found to date, but we wish to make clear that we are not providing independent legal analysis on these issues. If and when we find additional legal analysis from a qualified attorney posted online, we will post that information. As noted above, Mr. Berg's complaint alleges that "three (3) independent Document Forensic Experts" evaluated the COLB posted on Obama's website. Therefore, the Federal Rules of Evidence, Rule 702-705 will apply to determine their "expert witness" qualifications as well as their "expert witness" testimony. Rule 702. Testimony by Experts If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case. Notes Rule 703. Bases of Opinion Testimony by Experts The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert's opinion substantially outweighs their  prejudicial effect.  Notes Rule 704. Opinion on Ultimate Issue (a) Except as provided in subdivision (b), testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact. (b) No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matters for the trier of fact alone. Notes Rule 705. Disclosure of Facts or Data Underlying Expert Opinion The expert may testify in terms of opinion or inference and give reasons therefor without first testifying to the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination. Notes

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Is Obama's COLB Forged? Reports that Obama's COLB is Authentic

As outlined in other posts (here), Mr. Philip A. Berg alleges, in his lawsuit against Obama, that "[A]s posted all over the internet, three (3) independent Document Forensic Experts performed extensive Forensic testing on the Certificate of Live Birth posted on Obama's campaign website. The Forensic Expert findings were the Certificate of Live Birth (COLB) was in fact a forgery." (Note:  Berg's complaint has been dismissed, but he is appealing in both the Third Circuit and the Supreme Court.  See here for current status of his appeals.)

We are providing special pages for each of the self-identified experts and their findings.  Thus, we include here the information we have located to date which indicates that, in fact, the COLB reflecting Obama's Hawaii Birth (and published on the Obama campaign website) is authentic.

(Note:  If you are aware of additional evidence, that either supports or refuts the allegations, please submit it through a Comment, and we will update this information accordingly! Thank you!)

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12/30 Update:  Information re: Hawaii DOH statements updated per recently received links/info.

11/3 Update:  We have received information that calls into doubt the veracity of a report regarding a VA lawsuit and, therefore, have removed striking through it pending confirmation. Oct. 30 Update: Virginia Board of Elections reportedly submits "original" COLB to Virginia Court.

Documentation the COLB Reflecting Obama's Hawaii Birth is authentic

The following reports indicate that Obama's COLB, reflecting that he was born in Hawaii, is authentic:  The Hawaii Department of Health (Original Birth Certificate) - 12/30 Updated/New The Hawaii Department of Health (COLB) The Sunday Advertisor [Honolulu, Hawaii] The Star Bulletin [Hawaii] World Net Daily FactCheck.org

The Hawaii Department of Health Confirms that Obama Was Born in Hawaii, as Reflected on Original Birth Certificate

On October 31, Dr. Chiyome Fukino, Director of the Hawaii Department of Health released the following press release:  "There have been numerous requests for Sen. Barack Hussein Obama's official birth certificate. State law (Hawai'i Revised Statutes §338-18) prohibits the release of a certified birth certificate to persons who do not have a tangible interest in the vital record. "Therefore, I as Director of Health for the State of Hawai'i , along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawai'i State Department of Health has Sen. Obama's original birth certificate on record in accordance with state policies and procedures. "No state official, including Governor Linda Lingle, has ever instructed that this vital record be handled in a manner different from any other vital record in the possession of the State of Hawai'i ." See Hawaii DOH News Release, Oct. 31, 2008 (08-93). On November 3, the Chicago Tribune's Swamp reported that Ms. Okubo (Health Department Spokeswoman, per the Press Release) confirmed in both e-mail and telephone interviews that Obama was born in Hawaii: "Seeking to squelch persistent rumors that Sen. Barack Obama isn't eligible to become president because he allegedly was born outside the United States, a Hawaiian official has confirmed she has "personally seen and verified" that the state "has Sen. Obama's original birth certificate" - meaning Obama was born in the Aloha state, and is therefore an American citizen. [Quote from Official News Release, already quoted above.] Does this mean Obama was born in Hawaii? "Yes," said Hawaii Health Department spokeswoman Janice Okubo, in both email and telephone interviews with the Tribune. "That's what Dr. Fukino is saying." Obama Hawaiian-born: Citizen for sure, The Swamp/Chicago Tribune, November 3, 2008. See also, e.g., Officials Verify Birth Certificate of Obama, Star-Bulletin, Nov. 1, 2008 ("The state health director said yesterday she has personally seen and verified Sen. Barack Obama's original birth certificate in an effort to address numerous requests for the document...."); Hawaii Officials Declare Obama Birth Certificate Genuine, Honolulu Advertiser, Oct. 31, 2008: "State officials say there's no doubt Barack Obama was born in Hawai'i. Health Department Director Dr. Chiyome Fukino said today she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama's original birth certificate."); Obama's Certificate of Birth OK, State Says; Health Director Issues Voucher in Response to 'Ridiculous' Barrage, Honolulu Advertiser, Nov. 1, 2008 (""This has gotten ridiculous," state health director Dr. Chiyome Fukino said yesterday. "There are plenty of other, important things to focus on, like the economy, taxes, energy." So, in what likely will be a vain attempt to halt the inquiries, Fukino yesterday issued a statement saying that she and the registrar of vital statistics personally inspected Obama's birth certificate and found it to be valid. Will this be enough to quiet the doubters? "I hope so," Fukino said. "We need to get some work done." Fukino issued her statement to try to stomp out persistent rumors that Obama was not born in Honolulu -- and is therefore not a U.S. citizen and thus ineligible to run for president.")

The Hawaii Department of Health Confirms that the COLB is "A Valid Hawaii State Birth Certificate"

As reported by Amy Hollyfield of PolitiFact, "On June 13, 2008, Obama's campaign finally released a copy, while launching a fact-check Web site of its own, Fightthesmears.com. The site is a direct response to allegations about Obama that won't go away: He's Muslim. He took the oath of office on a Koran. He refuses to say the Pledge of Allegiance. PolitiFact has researched all of these accusations and none of them are true. When the birth certificate arrived from the Obama campaign it confirmed his name as the other documents already showed it. Still, we took an extra step: We e-mailed it to the Hawaii Department of Health, which maintains such records, to ask if it was real. 'It's a valid Hawaii state birth certificate,' spokesman Janice Okubo told us." See "Obama's birth certificate: Final chapter," PolitiFact.com (Jun. 27, 2008) (emphasis added). About PolitiFact. See also "Lawsuit questions Obama's eligibility for office," Washington Times, Aug. 28, 2008, which reported as follows: "Backers of the idea that Mr. Obama isn't a natural-born citizen say Mr. Obama's certification of live birth doesn't quell the issue. They say a certification can be obtained after birth. But the Hawaii State Department of Health said Monday that there is no difference between a certificate and a certification of live birth in the eyes of the state. For instance, either can be used to confirm U.S. citizenship to obtain a passport or state ID, said Alvin Onaka, a research and statistics officer at the Department of Health."

The Sunday Advertisor Published Obama's Birth Announcement in August 1961

A Honolulu, Hawaii newspaper (apparently, the "Sunday Advertiser") published an announcement of Obama's borth on August 13, 1961 - six days after his birth.  See here and here.  Also available here and here. 10/27 Update:  The Honolulu Sunday Advertiser requires proof, via official state-issued birth certificate before printing a birth announcement.  See here ("IMPORTANT: You must attach a photocopy of your baby s official state-issued birth certificate; we cannot print your announcement without it."). We are awaiting written confirmation, but have received verbal confirmation that the practice in 1961 was to report on births based on Health Bureau Statistics only.

The (Hawaii) Star Bulletin Published Obama's Birth Announcement in August 1961

10/21 Update:  Thanks to a reader tip, we have located the copy of the reported Star-Bulletin announcement. See announcement here.  Also available here. Source of annoucement: In posting that annoucement, the user stated as follows: "Here's a copy I made today of the August 14th (could have been the 15th or 16th), 1961 Star Bulletin newspaper showing Obama's birth announcement stored on microfilm at the Hawaii State Library in Honolulu. I had to enlarge it to the point of losing the top of the page with the date and day in order to make it readable. The microfilm is stored in the basement of the library and was in the box marked Star Bulletin Aug 1, 1961-Aug 16, 1961. ..." See here (requires registration). 10/27 Update:  The Star-Bulletin prints birth announcements directly from the Health Department records. See here ("Each Sunday, the Star-Bulletin publishes Oahu vital statistics for marriage licenses and birth certificates filed with the state Department of Health's Vital Statistics System.") We are awaiting written confirmation, but have received oral confirmation that this practice was in place in 1961.

WorldNetDaily reports that the birth certificate is authentic.

The WorldNetDaily has also investigated the claim.  WND (a) found the document to be authentic; (b) uncovered forgeries and alterations made by the purported "experts": "A separate WND investigation into Obama's birth certificate utilizing forgery experts also found the document to be authentic. The investigation also revealed methods used by some of the bloggers to determine the document was fake involved forgeries, in that a few bloggers added text and images to the certificate scan that weren't originally there." See "Democrat sues Sen. Obama over 'fraudulent candidacy'; Lawsuit disputing U.S. citizenship based in part on discredited claims," World Net Daily (Aug. 23, 2008) (emphasis added). Given that WorldNetDaily is the publication for whom Jerome Corsi reports, it defies credibility to argue that that organization is any sort of "pro-Obama" tool. (Jerome Corsi is the person who wrote the widely-discredited anti-Obama book, The Obama Nation. See sources cited in Wikipedia* for more information regarding Mr. Corsi's politics and past publications. See also Important Note re: Wikipedia.

Factcheck.org reports that the birth certificate is authentic.

See Born in the U.S.A., Factcheck.org (Aug. 21, 2008, Updated: Aug 26, 2008; Updated Nov. 1, 2008). While some of those perpetuating the forgery allegation discount Factcheck.org as biased, we note two points: (1) See the other sources, above, which corroborate FactCheck's findings; and (2) Visit Factcheck.org and review their information and make your own judgment as to whether they're pro-Obama.  10/11 Update:  See Is Factcheck.org "in the tank for" Obama? Is Factcheck.org owned by the Chicago Annenberg Foundation?

Was Obama Born in Kenya? (Part 2 - Grandmother/Family Info)

As outlined in more detail below, Mr. Philip A. Berg alleges, in his lawsuit against Obama, that Obama was born in Kenya.  So, the question is, what's the evidence to support these allegations?     (Note:  Berg's complaint has been dismissed, but he is appealing in both the Third Circuit and the Supreme Court.  See here for current status of his appeals.)

(Note:  If you are aware of additional evidence, that either supports or refuts the allegations, please submit it through a Comment, and we will update this information accordingly! Thank you!)

Updated 1/6 to add info re: statement from Sayid Obama (Uncle), saying 1987 was Obama's irst time in Kenya.

Updated 1/3 to remove duplicative information:

See also Was Obama Born in Kenya? Is Obama a Kenyan Citizen? for additional information regarding Berg's allegations that Obama was born in Kenya.

See also Reports that Obama's COLB is Authentic, for information regarding Hawaii DOH confirmation of Obama's Hawaiian birth.

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Let's break the allegations down: 

Allegation		Pleading Citation(s)	Evidence Cited in Pleadings
A	"...Obama's .... half brother and half sister claim Obama was born in Kenya."	Complaint ¶ 17; see also TRO Memo at 2-3.	None.
A1	12/4 Update:  Berg subsequently published two affidavits from individuals who allegedly had a conversation with Obama's grandmother, in which she reportedly stated that she was present at Obama's birth (in Kenya).	See Affidavit of Biship Ron McRae, (Oct. 30, 2008); Affidavit of Rev. Kweli Shuhubia (Oct. 30, 2008); See also YouTube audio tape of conversation, here.	Cited Affidavits.
B	"Reports reflect Obama's mother went to Kenya during her pregnancy; however, she was prevented from boarding a flight from Kenya to Hawaii at her late stage of pregnancy, which apparently was a normal restriction to avoid births during a flight."	Id; see also TRO Memo at 3.	None.
C	"[These reports also reflect that] Stanley Ann Dunham (Obama) gave birth to Obama in Kenya, after which she flew to Hawaii and registered Obama's birth."	Id.	None.

Analysis of "Evidence" Available on the Internet

A	"Obama's .... half brother and half sister claim Obama was born in Kenya."
What's Your Evidence?		Citation	Notes
False	Through a variety of Google searches, we have found dozens (and dozens) of references to this alleged report, but have not located the actual report(s).	---	---
False	1/6 Update:  From Obama Uncle Confirms - not born in Kenya: "In a YouTube video, Barack Obama’s uncle, Sayid Obama, says plainly, and in English, that Barack Obama’s first time in Kenya was in 1987. The following transcript starts at 3:30 in the video. Narrator: Barack Obama first came to visit his father’s grave back in 1987 Sayid Obama: It was his first time in Kenya. I can say it was kind of happiness mixed with some sadness because he was a person coming to see this site of his family and at the same time coming to see where his father was buried." (Emphasis supplied in original transcripted statement).	YouTube Link; Transcript re: same (ObamaConspiracy.org).	---
Conclusion: Unsubstantiated
1/6 Update:  As noted above, while we have found dozens of references to reports that Obama's half- brother and sister claim he was born in Kenya, we have not located the actual reports. Additionally, Obama's uncle, Sayid Obama, has stated that Obama's first time in Kenya was in 1987. Therefore, we conclude at this time that the allegation is unsubstantiated. As noted above, we are actively soliciting additional evidence and, if such information is submitted to us, we will update this post accordingly. 12/4 Update:  A YouTube Video is now available regarding the reported call to Sarah Obama, Obama's step-grandmother.  It is available here. Listening to the full tape, particularly from 5:50-8:00, makes clear that Ms. Obama clarifies that Obama was born in Hawaii.  See also Blog or Die for some interesting analysis of the tape.  (We've uncovered no information regarding the reported claims of Obama's half brother and half sister.)

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A1	Obama's grandmother on his father's side ...claims Obama was born in Kenya.
What's Your Evidence?		Citation	Notes
False	See Conclusion.	YouTube full audio of alleged conversation with Step-Grandmother.	---
Conclusion: Misleading; Audio Tape of Alleged Conversation makes clear that Obama's step-grandmother indicated Obama (Jr. )was born in Hawaii.
12/4 Update:  A YouTube Video is now available regarding the reported call to Sarah Obama, Obama's step-grandmother.  It is available here. Listening to the full tape, particularly from 5:50-8:00, makes clear that Ms. Obama clarifies that Obama was born in Hawaii.  See also Blog or Die for some interesting analysis of the tape.  1/6 Update:  See also YouTube Video of Obama's uncle saying that 1987 was the first time Obama was in Kenya, referenced in A, above..

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B	"Reports reflect Obama's mother went to Kenya during her pregnancy; however, she was prevented from boarding a flight from Kenya to Hawaii at her late stage of pregnancy, which apparently was a normal restriction to avoid births during a flight."
What's Your Evidence?		Citation	Notes
False	See Conclusion.	---	---
Conclusion: We have found no evidence of this alleged report.
Through a variety of Google searches, we have found dozens (and dozens) of references to this alleged report, but have not located the actual report(s).  Therefore, we conclude at this time that the allegation must be false. As noted above, we are actively soliciting additional evidence and, if such information is submitted to us, we will update this post accordingly.

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C	"These reports also reflect that] Stanley Ann Dunham (Obama) gave birth to Obama in Kenya, after which she flew to Hawaii and registered Obama's birth."
What's Your Evidence?		Citation	Notes
False	See Conclusion.	---	---
Conclusion: We have found no evidence of this alleged report.
Through a variety of Google searches, we have found dozens (and dozens) of references to this alleged report, but have not located the actual report(s).  Therefore, we conclude at this time that the allegation must be false. As noted above, we are actively soliciting additional evidence and, if such information is submitted to us, we will update this post accordingly.

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Mr. Berg's Standing Problem

(Note:  Berg's complaint has been dismissed, but he is appealing in both the Third Circuit and the Supreme Court.  See here for current status of his appeals.)

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9/24 Update: As previously noted,

"An Aside:  It bears mentioning that Mr. Berg has a "standing" problem. The upshot is that in order to bring a complaint on constitutional grounds, the plaintiff must have "standing" to sue, which means that s|he must allege an "injury in fact" that bears a relation to the defendant's conduct, and for which a judicial decision will address the injury. Courts have consistently held that voters do not have standing to sue on the grounds that a candidate is ineligible for the position for which s|he is running."

This update has two parts: 

1. Obama/DNC File Motion to Dismiss on Standing Grounds (and other grounds)

First, as expected, Sen. Obama and the DNC filed a motion to dismiss Berg's complaint today. The motion is not yet avilable on Justia, but we expect it to be uploaded there shortly. In the meantime, America's Right has a good summary and a link to a copy of the motion here.

In short, Sen. Obama and the DNC allege that under well-settled precedent, Berg lacks standing to sue, for the same reaons that the court in Hollander v. McCain dismissed the case challenging McCain's eligilbility earlier this year (discussed below).

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2. Recent Cases Addressing the Same Issue

Second, we were informed that another federal court also has considered this issue, in another case brought to challenge Senator McCain's qualifications for the presidency. We are revising this post to include information from both of those cases.

Robinson v. Sec'y of State et al

Hollander v. McCain et al

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Robinson v. Sec'y of State et al, C 08-03836 WHA (N.D. Ca. D.Ct.)

Pleadings available here.

The Complaint

In Robinson, plaintiff sued in his capacity as Presidential Elector and Chairperson-Elect of the American Independent Party, challenging John McCain's eligibility to serve as president. According to the complaint, McCain is not a "natural born Citizen" because he was born in the Panama Canal Zone (to American parents). Thus, McCain is not eligible to hold the office of President under Article II, § 1 of the Constitution. To review the entire complaint, see here (PDF).

The Dismissal of the Complaint - available here (PDF).

The Northern California federal district court dismissed this case on the grounds that Mr. Robinson lacks standing to sue.

According to the court, the Constitution vests Congress -- not individual voters, or even opposing candidates -- with the final authority re: the qualifications of the Presidency.:

Article II prescribes that each state shall appoint, in the manner directed by the state’s legislature, the number of presidential electors to which it is constitutionally entitled. The Twelfth Amendment prescribes the manner in which the electors appointed by the states shall in turn elect the president:

“[t]he electors shall meet in their respective states and vote by ballot for President and Vice-President . . . and they shall . . . transmit [their votes] sealed to the seat of the government of the United States, directed to the President of the Senate; — The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.”

Federal legislation further details the process for counting electoral votes in Congress. 3 U.S.C. 15. Section 15 directs that Congress shall be in session on the appropriate day to count the electoral votes, with the President of the Senate presiding. It directs that designated individuals shall open, count and record the electoral votes, and then present the results to the President of the Senate, who shall then “announce the state of the vote.” Ibid. The statute provides a mechanism for objections then to be registered and resolved:

“[e]very objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made . . . shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision.”

Ibid. The Twentieth Amendment further provides,

“if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be elected, and such person shall act accordingly until a President or Vice President shall have qualified.”

It is clear that mechanisms exist under the Twelfth Amendment and 3 U.S.C. 15 for any challenge to any candidate to be ventilated when electoral votes are counted, and that the Twentieth Amendment provides guidance regarding how to proceed if a president elect shall have failed to qualify. Issues regarding qualifications for president are quintessentially suited to the foregoing process. Arguments concerning qualifications or lack thereof can be laid before the voting public before the election and, once the election is over, can be raised as objections as the electoral votes are counted in Congress. The members of the Senate and the House of Representatives are well qualified to adjudicate any objections to ballots for allegedly unqualified candidates. Therefore, this order holds that the challenge presented by plaintiff is committed under the Constitution to the electors and the legislative branch, at least in the first instance. Judicial review — if any — should occur only after the electoral and Congressional processes have run their course. Texas v. United States, 523 U.S. 296, 300–02 (1998)."

Order Dismissing Complaint at 4-5 (PDF).

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Hollander v. McCain et al, Civil No. 08-cv-99-JL (N.H. D.Ct.).

Pleadings available here.

The Complaint

As with Robinson, the Hollander, plaintiff also challenged Sen. McCain's eligibility to serve as President of the United States, due to his birth in the Panama Canal Zone (to American parents).  However, Hollander filed the case on his own behalf as a citizen/qualifed voter of the United States. To review the entire complaint, see here (PDF).

The Dismissal of the Complaint - available here (PDF).

The New Hampshire federal district court dismissed this case on the grounds that Mr. Hollander lacks standing to sue. As the court noted, "So-called  Article III standing has three requirements: (1) the plaintiff has suffered  an injury in fact, (2) that injury bears a causal connection to the defendant s challenged conduct, and (3) a favorable judicial decision will likely provide the plaintiff with redress from that injury.

The court recognized that "a candidate or his political party has standing to challenge the inclusion of an allegedly ineligible rival on the ballot, on the theory that doing so hurts the candidate's or party's own chances of prevailing in the election." Id. at 11.

However, the court also recognized that "that notion of "competitive standing" has never been extended to voters challenging the eligibility of a particular candidate."  Id..  Thus, the court continued:

"So voters have no standing to complain about the participation of an ineligible candidate in an election, even if it results in the siphoning of votes away from an eligible candidate they prefer. See id. As Gottlieb reasons, only the eligible candidate, or his or her political party, can claim standing based on that injury.
***
McCain's candidacy for the presidency, whatever his eligibility, is "hardly a restriction on voters' rights" because it in no way prevents them from voting for somebody else. In fact, Hollander alleges that he did just that in the New Hampshire Republican primary."

Order Dismissing Complaint at 12-13 (PDF).

After discussion (and rejection) of other standing claims, the court concluded:

"... Hollander remains free to cast his vote for any candidate he considers eligible, including by writing in whichever Republican candidate he believes should be nominated instead of McCain, and to have that vote counted just as much as those cast for the party's official nominee, so his right to the franchise remains intact. See Reynolds v. Sims, 377 U.S. 533, 555 (1964) (defining right as "to vote freely for the candidate of one's choice" without "debasement or dilution of the weight of a citizen's vote"). Difficult choices on Election Day do not translate into judicially cognizable injuries.

This is not to demean the sincerity of Hollander's challenge to McCain's eligibility for the presidency; as discussed supra Part II, that challenge has yet to be definitively settled, and, as a number of commentators have concluded, arguably cannot be without a constitutional amendment. What is settled, however, is that an individual voter like Hollander lacks standing to raise that challenge in the federal courts."

Id at 17-18. (PDF)

Was Obama Born in Kenya? Is Obama a Kenyan Citizen?

As outlined in more detail below, Mr. Philip A. Berg alleges, in his lawsuit against Obama, that Obama was born in Kenya and/or is a Kenyan citizen.   (Note:  Berg's complaint has been dismissed, but he is appealing in both the Third Circuit and the Supreme Court.  See here for current status of his appeals.)

So, the question is, what's the evidence to support these allegations? 

(Note:  If you are aware of additional evidence, that either supports or refuts the allegations, please submit it through a Comment, and we will update this information accordingly! Thank you!)

Updated 1/3 to remove duplicative information:

See also Was Obama Born in Kenya? (Part 2) for additional information regarding Berg's allegations that Obama was born in Kenya, including information regarding the "grandmother" tapes.

See also Reports that Obama's COLB is Authentic, for information regarding Hawaii DOH confirmation of Obama's Hawaiian birth.

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Let's break the allegations down:

Allegation		Pleading Citation(s)	Evidence Cited in Pleadings
A	"Wayne Madsen, Journalist with Online Journal was a contributing writer and published an article on June 9, 2008 ...	Complaint ¶ 20; see also TRO Memo at 3.	None.
B	... stating the GOP sent a research team to Mombasa, Kenya and ...	Id.	None.
C	[Did the GOP, in fact, send a research team to Mombasa, Kenya?]	---	---
D	... located a Certificate Registering the birth of Barack Obama, Jr. at a Maternity Hospital, to his father, a Kenyan Citizen and his mother, a U.S. Citizen.	Id.	None.
E	[Did the GOP, in fact, locate a Certificate Registering the birth of Barack Obama, Jr. at a Maternity Hospital, to his father, a Kenyan Citizen and his mother, a U.S. Citizen?]	---	---
F	At the time of Obama's birth in 1961, Kenya was a British Colony.	Complaint ¶ 21; see also TRO Memo at 3.	None.
G	Legal Conclusion: Under the Independence Constitution of Kenya, Obama became a Kenyan citizen on December 12, 1963.	Complaint ¶ 23; see also TRO Memo at 3.	Citations to Support Legal Argument: None.
H	Chicago-based Internet journalist, broadcaster and critic Andy Martin ...	Id.	None.
I	...states Obama has never renounced his Kenyan citizenship.	Complaint ¶ 23; see also TRO Memo at 3-4.	None.
J	[Did Obama, in fact, need to renounce any alleged Kenyan citizenship?]	---	---
K	Andy Martin further states [that] on Obama's Senate web site, Obama tap dances around his own dual nationality when discussing his father.	Complaint ¶ 23; see also TRO Memo at 4.	None.
L	[Does Obama's Senate website actually address dual nationality?]	---	---
M	[Andy Martin further states that] Obama obviously knows, because his father told the [sic] Obama, that he (Obama) also held/holds Kenyan nationality.	Id.	None.
N	[Did "Obama obviously know[], because his father told the [sic] Obama, that he (Obama) also held/holds Kenyan nationality"]	---	---
O	Legal Conclusion: If in fact Obama was born in Kenya, the laws on the books at the time of his birth stated if a child is born abroad and one parent was a U.S. Citizen, which would have been his mother, Stanley Ann Dunham, Obama's mother would have had to live ten (10) years in the United States, five (5) of which were after the age of fourteen (14). --------------- The laws in effect at the time of Obama's birth prevented U.S. Citizenship at birth of children born abroad to a U.S. Citizen parent and a non-citizen parent, if the citizen parent was under the age of nineteen (19) at the time of the birth of the child. ...	Complaint ¶ 24; see also TRO Memo at 4.	Citations to Support Legal Conclusion: Section 301(a)(7) of the Immigration and Nationality Act of June 27, 1952, 66 Stat. 163, 235, 8 U.S.C. §1401(b), Matter of S-F- and G-, 2 I & N Dec. 182 (B.I.A.), approved (Att y Gen. 1944).
P	At the time of Obama's birth, his mother was only eighteen (18) ....	Id.	None.
Q	Legal Conclusion: Furthermore, if Obama had been born in Kenya, his birth father Barack Obama, Sr. was a citizen of Kenya; therefore, Obama would have automatically become a citizen of Kenya.	Complaint ¶ 25; see also TRO Memo at 4.	Citations to Support Legal Argument: None.

Analysis of "Evidence" Available on the Internet

A	"Wayne Madsen, Journalist with Online Journal was a contributing writer and published an article on June 9, 2008 ...
What's Your Evidence?		Citation	Notes
True	"Wayne Madsen is a Washington, DC-based investigative journalist and nationally-distributed columnist. He is the editor and publisher of the Wayne Madsen Report."	See The Online Journal.	---
Conclusion: True, according to Online Journal
Berg's allegation is consistent with the The Online Journal's description.

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B	"... stating the GOP sent a research team to Mombasa, Kenya and ..."
What's Your Evidence?		Citation	Notes
True	"GOP dirty tricks operatives dispatched to Kenya to dig up any useful "dirt" on Democratic presidential nominee Barack Obama, Jr., and his late Kenyan father Barack Obama, Sr......"	See Wayne Madsen, "GOP dirty tricks machine readies a charge that Obama is not eligible to be president," OnlineJournal.com (June 8, 2008).	---
Conclusion: True
Madsen's online article does, indeed, contain the statement paraphrased by Berg. Note, however, that Berg's description is incomplete, as shown below.

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C	[Did the GOP, in fact, send a research team to Mombasa, Kenya?]
What's Your Evidence?		Citation	Notes
????	Other than Madsen's article, and many blogs referring to the information contained in the article, we have found no evidence that the GOP did, in fact, send a research team to Kenya.	---	---
Conclusion: Unclear
Although we can find no evidence of such a trip, other than Madsen's assertion, political parties may elect to withhold information until a time they deem politically expedient, it is possible that this trip did take place and the GOP has just not yet confirmed it. Thus, we do not know whether this statement is true or not.

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D	"[Madsen reported that the GOP] ... located a Certificate Registering the birth of Barack Obama, Jr. at a Maternity Hospital, to his father, a Kenyan Citizen and his mother, a U.S. Citizen. "
What's Your Evidence?		Citation	Notes
Part True	"GOP dirty tricks operatives dispatched to Kenya .... believe they have found a "smoking gun." In this case, it is a birth certificate from the Kenyan city of Mombasa registering the birth of Barack Obama, Jr., on August 4, 1961. However, the registration is a common practice in African countries whose citizens abroad have families with foreign nationals. Obama was born in Honolulu, Hawaii, to his Ann Dunham of Wichita, Kansas, and Barack Obama, Sr., of Nyangoma-Kogelo, Kenya. False:  Madsen's article does NOT reference the "Maternity Hospital," as alleged by Berg.	See Wayne Madsen, "GOP dirty tricks machine readies a charge that Obama is not eligible to be president," OnlineJournal.com (June 8, 2008).	We have not yet found evidence to support or refut Madsen's contention that such registration is a common practice.
Conclusion: True, but incomplete and misleading
Madsen's online article does, indeed, contain the statement paraphrased by Berg. Note, however, that Berg's description of the artricle fails to include the bolded information shown above.  Thus, while Berg purports to rely on Madsen's article to "prove" one potentially relevant fact, he disingenuously fails to include that part of Madsen's report that conflicts with his theory.

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E	"[Did the GOP, in fact, locate a Certificate Registering the birth of Barack Obama, Jr. at a Maternity Hospital, to his father, a Kenyan Citizen and his mother, a U.S. Citizen?]"
What's Your Evidence?		Citation	Notes
????	Other than Madsen's article, and many blogs referring to the information contained in the article, we have found no evidence that the GOP did, in fact, locate a certificate registaring the birth of Barack Obama Jr. at a Maternity Hospital a research team to Kenya.	---	---
Conclusion: Factual Allegation Likely False; Not Supported by Any Verifiable Facts
Although we can find no evidence that the GOB located a Kenya "certificate registering the birth" of Obama (other than Madsen's unsourced assertion), political parties may elect to withhold information until a time they deem politically expedient.  Thus, it is possible that the GOP located such information and just has note yet released it. Thus, we do not know whether this statement is true or not. See also Reports that Obama's COLB is Authentic, for information regarding Hawaii DOH confirmation of Obama's Hawaiian birth.

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F	"At the time of Obama's birth in [August 4.] 1961, Kenya was a British Colony. "
What's Your Evidence?		Citation	Notes
True	"British exploration of East Africa in the mid-1800s eventually led to the establishment of Britain's East African Protectorate in 1895. *** Kenya became independent on December 12, 1963, and the next year joined the Commonwealth."	See U.S. Department of State; see also Kenyan Embassy: History of Kenya	---
Conclusion: True, per US State Department
According to the US State Department and multiple sites, this statement is accurate.

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G	LEGAL ARGUMENT: "Under the Independence Constitution of Kenya, Obama became a Kenyan citizen on December 12, 1963. "
DISCLAIMER:  The information provided below is legal informaton found to date, but we wish to make clear that we are not providing independent legal analysis on these issues. If and when we find additional legal analysis from a qualified attorney, we will post that information. FactCheck.org analyzes this issue as follows: When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom's dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.'s children: British Nationality Act of 1948 (Part II, Section 5): Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth. In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom and Colonies (or the UKC) by virtue of being born to a father who was a citizen of the UKC. Obama's British citizenship was short-lived. On Dec. 12, 1963, Kenya formally gained its independence from the United Kingdom. Chapter VI, Section 87 of the Kenyan Constitution specifies that: 1. Every person who, having been born in Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Kenya on 12th December, 1963... 2. Every person who, having been born outside Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Kenya by virtue of subsection (1), become a citizen of Kenya on 12th December, 1963. As a citizen of the UKC who was born in Kenya, Obama's father automatically received Kenyan citizenship via subsection (1). So given that Obama qualified for citizen of the UKC status at birth and given that Obama's father became a Kenyan citizen via subsection (1), it follows that Obama did in fact have Kenyan citizenship after 1963. So The Rocky Mountain News was at least partially correct. But the paper failed to note that the Kenyan Constitution prohibits dual citizenship for adults. Kenya recognizes dual citizenship for children, but Kenya's Constitution specifies that at age 21, Kenyan citizens who possesses citizenship in more than one country automatically lose their Kenyan citizenship unless they formally renounce any non-Kenyan citizenship and swear an oath of allegiance to Kenya. Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.  9/8 Update: The U.S. State Department website confirms that: Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.) See Acquisition of U.S. Citizenship By a Child Born Abroad (hat tip: 21stCenturyThinker, at FreeRepublic.com.)
Conclusion: Appears to be Correct Conclusion of Law
As discussed above, the legal analysis found to date is consistent with Berg's allegation. Note, however, that that same analysis concludes that Obama lost his UK/Kenyan citizenship long ago and, therefore, is not a dual citizen.

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H	"Chicago-based Internet journalist, broadcaster and critic Andy Martin ..."
What's Your Evidence?		Citation	Notes
True	According to Mr. Martin's web blog, he is an "Internet writer/columnist/investigative journalist, located in Chicago, Illinois.	Mr. Martin's "About Me" Page	---
Conclusion: True, according to Mr. Martin
Mr. Martin describes himself as Berg alleges. For more information regarding the veracity of claims made by Mr. Martin, consider the sources cited in Wikepedia regarding him. See also Wikipedia as Evidence for cautionary note.

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I	"[Andy Martin]...states Obama has never renounced his Kenyan citizenship."
What's Your Evidence?		Citation	Notes
True	In a press release announcing an upcoming press conference, Mr. Martin stated the following: "... Andy Martin will hold a news conference Friday, February 9th at 11:00 A.M. to announce that U. S. Senator Barack Obama is a citizen of Kenya and became a citizen of Kenya under the Independence Constitution of Kenya in 1963. Obama has never renounced his Kenyan citizenship. He is also a U. S. Citizen. "Under the Independence Constitution of Kenya, Obama became a Kenyan citizen on December 12, 1963. He has never renounced his Kenyan citizenship. On his senate web site, Obama tap dances around his own dual nationality when discussing his father. Obama obviously knows, because his father told him, that he also held/holds Kenyan nationality. "Friday we will blow Obama out of the water with disclosure of his lifelong deceit and concealment. ...And it is inconceivable that Obama Sr. never told his son that he was a Kenyan national. Why has 'junior' hidden this information for decades?" Martin will demand Friday. "The American people, when deciding who to support for president, have a right to know if their 'president' is also a citizen of Kenya and owes dual loyalty to Kenya because he has never renounced his Kenyan citizenship. "Further, I defy Obama or any of his flacks to defeat or deny the historical constitutional facts on which our blockbuster disclosures are based. We have nailed Barry O with his own hidden truths once again."	Senator Barack Obama is a citizen of Kenya, Part One, by Andrew Martin on Political Gateway, Feb. 8, 2007.	See Conclusion.
Conclusion: True, as far as it goes.
Mr. Martin made the allegations that Mr. Berg alleges he made. Note, however, that efforts to locate a transcript, any report on the press conference, or "Part Two," with details and the promised evidence to support claims made in Part One" have failed. This may be due to the legal analysis reported by FactCheck.org, discussed above, which demonstrates that Mr. Obama lost his Kenyan citizenship automatically and, thus, was not required to renounce that citizenship. For more information regarding the veracity of claims made by Mr. Martin, consider the sources cited in Wikepedia regarding him. See also Wikipedia as Evidence for cautionary note.

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J	LEGAL ARGUMENT: [Did Obama *need to* renounce any alleged Kenyan citizenship?]
DISCLAIMER:  The information provided below is legal informaton found to date, but we wish to make clear that we are not providing independent legal analysis on these issues. If and when we find additional legal analysis from a qualified attorney, we will post that information. As discussed above, FactCheck.org has analyzed the law as follows:  But the paper failed to note that the Kenyan Constitution prohibits dual citizenship for adults. Kenya recognizes dual citizenship for children, but Kenya's Constitution specifies that at age 21, Kenyan citizens who possesses citizenship in more than one country automatically lose their Kenyan citizenship unless they formally renounce any non-Kenyan citizenship and swear an oath of allegiance to Kenya. Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.
Conclusion: Appears to be WRONG Conclusion of Law
As discussed above, FactCheck.org has analyzed the law and determined that Obama lost Kenyan citizenship when he became an adult. Thus, there was no "need" to renounce it.

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K	"Andy Martin further states [that] on Obama's Senate web site, Obama tap dances around his own dual nationality when discussing his father."
What's Your Evidence?		Citation	Notes
True	In a press release announcing an upcoming press conference, Mr. Martin stated the following: "... On his senate web site, Obama tap dances around his own dual nationality when discussing his father. Obama obviously knows, because his father told him, that he also held/holds Kenyan nationality. ..." [For quote in context, see above.]	Senator Barack Obama is a citizen of Kenya, Part One, by Andrew Martin on Political Gateway, Feb. 8, 2007.	See Conclusion.
Conclusion: True, as far as it goes.
Mr. Martin made the allegations that Mr. Berg alleges he made. Note, however, that efforts to locate a transcript, any report on the press conference, or "Part Two," with details and the promised evidence to support claims made in Part One" have failed. This may be due to the legal analysis reported by FactCheck.org, discussed above, which demonstrates that Mr. Obama lost his Kenyan citizenship automatically and, thus, was not required to renounce that citizenship. For more information regarding the veracity of claims made by Mr. Martin, consider the sources cited in Wikepedia regarding him. See also Wikipedia as Evidence for cautionary note.

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L	[Does Obama's Senate website actually address dual nationality?]
What's Your Evidence?		Citation	Notes
????	Unknown - See Conclusion	---	---
Conclusion: Circular Argument & Assumes Facts Not in Evidence
Mr. Martin failed to identify what specific portion of Mr. Obama's website he felt was "tapdancing," in the cited press release. Moreover, because we have not been able to locate a transcript, any report on the press conference, or "Part Two," with details and the promised evidence to support claims made in Part One" have failed.  Thus, it is impossible to analyze the accuracy of this claim.

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M	"[Andy Martin further states that] Obama obviously knows, because his father told the [sic] Obama, that he (Obama) also held/holds Kenyan nationality."
What's Your Evidence?		Citation	Notes
True	In a press release announcing an upcoming press conference, Mr. Martin stated the following: "... Obama obviously knows, because his father told him, that he also held/holds Kenyan nationality." [For quote in context, see above.]	Senator Barack Obama is a citizen of Kenya, Part One, by Andrew Martin on Political Gateway, Feb. 8, 2007.	See Conclusion.
Conclusion: True, as far as it goes.
Mr. Martin made the allegations that Mr. Berg alleges he made. Note, however, that efforts to locate a transcript, any report on the press conference, or "Part Two," with details and the promised evidence to support claims made in Part One" have failed. This may be due to the legal analysis reported by FactCheck.org, discussed above, which demonstrates that Mr. Obama lost his Kenyan citizenship automatically and, thus, was not required to renounce that citizenship. For more information regarding the veracity of claims made by Mr. Martin, consider the sources cited in Wikepedia regarding him. See also Wikipedia as Evidence for cautionary note.

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N	[Did Obama obviously know[], "because his father told the [sic] Obama, that he (Obama) also held/holds Kenyan nationality"]
What's Your Evidence?		Citation	Notes
????	See Conclusion	---	---
Conclusion: Unclear
Mr. Martin failed to identify what evidence he had to support the contention that (a) Mr. Obama Sr. told Mr. Obama Jr. that he had/has dual citizenship; or (b) that by virtue of his father's alleged statement, he "knew" of such citizenship. Moreover, because we have not been able to locate a transcript, any report on the press conference, or "Part Two," with details and the promised evidence to support claims made in Part One" have failed.  Thus, it is impossible to analyze the accuracy of this claim.

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O	LEGAL ARGUMENT: "If in fact Obama was born in Kenya, the laws on the books at the time of his birth stated if a child is born abroad and one parent was a U.S. Citizen, which would have been his mother, Stanley Ann Dunham, Obama's mother would have had to live ten (10) years in the United States, five (5) of which were after the age of fourteen (14).
[Berg states this basic conclusion at least two different ways in his pleadings. Alternative statement:  "Because Obama's mother was only 18 at thie time of his birth, she] did not meet the residency requirements under the law to give her son (Obama) U.S. Citizenship. The laws in effect at the time of Obama's birth prevented U.S. Citizenship at birth of children born abroad to a U.S. Citizen parent and a non-citizen parent, if the citizen parent was under the age of nineteen (19) at the time of the birth of the child. Obama's mother did not qualify under the law on the books to register Obama as a 'natural born' citizen. Obama would have only been naturalized and a Naturalized citizen is not qualified and/or eligible to run for Office of the President. U.S."] DISCLAIMER:  The information provided below is legal informaton found to date, but we wish to make clear that we are not providing independent legal analysis on these issues. If and when we find additional legal analysis from a qualified attorney, we will post that information. Statute: Mr. Berg cites Section 301(a)(7) of the Immigration and Nationality Act of June 27, 1952, 66 Stat. 163, 235, 8 U.S.C. §1401(b) to support this claim, but this appears to be an error, as §1401(b) provides as follows: "The following shall be nationals and citizens of the United States at birth: ***(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;" That provision has no apparent relevance to Mr. Berg's claims. It appears that Mr. Berg meant to reference 8 U.S.C. §1401(g), which currently provides as follows: The following shall be nationals and citizens of the United States at birth: ***(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than [10] five years, at least [5] two of which were after attaining the age of fourteen years:..... According to Legislative Notes, Pub. L. 99, 653 (1986) substituted "five years, at least two" for "ten years, at least five." According to the Notes, this amendment applies to "persons born or after November 14, 1986." Case Law: Mr. Berg cites Matter of S-F- and G-, 2 I & N Dec. 182 (B.I.A.) approved (Attorney Gen. 1944).  A copy of the actual case has not yet been located.
Conclusion: Unclear, but irrelevant.
We have found no source yet supporting Mr. Berg's interpretation of the law, although Snopes, the urban legends website asserts that the claim is bogus. See Snopes - Native Son. While Snopes has no legal analysis, we agree with its conclusion that Obama was born in Hawaii, given that (a) there is no evidence that Obama was born in Kenya; and (b) there is evidence, "real" evidence that would be accepted by Court that Obama was born in Hawaii. Therefore, even if the legal analysis is correct, the conclusion that the law operates to deprive Obama of U.S. citizenship fails.

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P	"At the time of Obama's birth, his mother was only eighteen (18) ..."
What's Your Evidence?		Citation	Notes
True?	According to Time Magazine and multiple other sources, Ann Durham, Barack Obama's mother, was born November 29, 1942. We found no references disputing this birthdate. According to Mr. Obama's birth certificate,* he was born August 4, 1961.	"The Story of Barack Obama's Mother," Time Magazine, Apr. 9, 2008; Barack Obama's Birth Certicate, as posted on www.barackobama.com.	See Conclusion.
Conclusion: Apparently True
Assuming the above-referenced statements are true, Ms. Durham was 18 at the time of Mr. Obama's birth. *Note:  We are well aware of Mr. Berg's allegations that the birth certificate displayed on Mr. Obama's website is a forgery. We will address those claims in an upcoming post. See also, discussion above, regarding evidential weight of currently-existing information

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Q	"Furthermore, if Obama had been born in Kenya, his birth father Barack Obama, Sr. was a citizen of Kenya; therefore, Obama would have automatically become a citizen of Kenya."
DISCLAIMER:  The information provided below is legal informaton found to date, but we wish to make clear that we are not providing independent legal analysis on these issues. If and when we find additional legal analysis from a qualified attorney, we will post that information. See G, above.
Conclusion: Appears to be Correct Conclusion of Law
As discussed above (G), the only legal analysis found to date is consistent with Berg's allegation.

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Does Obama have a Canadian Birth Certificate?

As outlined in more detail below, Mr. Philip Berg alleged, in his lawsuit against Obama, that  that a  Canadian Birth Certificate published on the internet, showing "Barack Hussein Obama, Jr."  (Note:  Berg's complaint has been dismissed, but he is appealing in both the Third Circuit and the Supreme Court.  See here for current status of his appeals.)

10/7 Update:  Berg filed a proposed Amended Complaint on October 6.  In that complaint, he drops references to the Canadian birth certificate.  We retain this entry for historical purposes.

So, the question is, what's the evidence to support these allegations? 

(Note:  If you are aware of additional evidence, that either supports or refuts the allegations, please submit it through a Comment, and we will update this information accordingly! Thank you!)

Allegation		Pleading Citation(s)	Evidence Cited in Pleadings
"There is a Canadian Birth Certificate posted on the Internet in the name of Barack Hussein Obama, Jr.; however, the date of birth shows to be August 23, 1961."		Complaint ¶ 22; see also TRO Memo at 3.	None

Analysis of "Evidence" Available on the Internet

"There is a Canadian Birth Certificate posted on the Internet in the name of Barack Hussein Obama, Jr.; however, the date of birth shows to be August 23, 1961."
What's Your Evidence?		Citation	Notes
False	It is true that a (anti-Obama) website posted a birth certificate, with the name "Barack Hussein Obama, Jr. and with the date of birth shown to be August 23, 1961," as alleged by Berg. However, the birth certificate is clearly and expressly, a spoof: "So this is all the Barack Obama BC birth certificate mess everyone needs to help him out with as he is more qualified with the above birth certificate to be Canadian Prime Minster than the one DailyKos has issued in June 2007 in being an American President. At least with the above, there is probably a real one in Vancouver to back it up. Barack Obama, BC, (British Columbia) BCE, (Before Conning Everyone) and AD (Angelic Diety). He seems to be a man of all history, past, present and future depending on the script.  Post Script: One might note that Dudley Dooright signed Barack's birth certificate, so we know this one is real too as it is posted online."	See Obama's 'Birth Certificate', Rense.com	Note that the photo at issue is not of a "birth certificate" for "Barack Hussein Obama, Jr." Rather, it is for "Barack Hussein Mohammad Obama Jr."
--	We could find no other "birth certificate" purporting to be a Canadian Birth Certificate, with the name "Barack Hussein Obama Jr." posted on the internet.
Conclusion: Demonstrably False
As noted above, it is clear - both on the face of the actual photo looking like a birth certificate, and in the article publishing the photo -- that the document is not real - that it was a spoof.

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