What's Your Evidence?

The Birther Lawsuits: Status & Summary

This Blog was first published in August 2008, when the first "birther" case was filed by Mr. Philip Berg in Federal District Court of the Eastern District of Pennsylvania. It was initially published to fill a void by providing a fact-based analysis of the various birther theories.

Since then, more than 200 additional "birther" cases have been filed. At least 50 such cases have been dismissed, including many cases that the courts dismissed sua sponte, before Defendants were required to respond. Additionally, many new "shocking discoveries" have splattered over the www in the past year, with promises that this time, the "smoking gun" has been found that will prove the birthers right. To date, those believing such promises have been sorely disappointed.

Thankfully, over the last many months, several other great blogs have been published, which debunk birther myths and examine new "evidence" and legal theories offered by the birthers.

Because this blog was initially started to fill a void that no longer exists thanks to these other great blogs, we have discontinued updates on the various birther theories, although we will continue to maintain the research previously published here - see below for an outline of these issues. However ...

For the latest developments, we recommend ...

Subscribe to Jack Ryan's Scribd page to get copies of all the birther court filings and other relevant documents.

Check out Fogbow for the latest birther news.

Blogs:  There are many good ones, and we worry that we might not have named them all, so please let us know if we forgot to list one, but these are our top four choices.

Obama Conspiracy Theories:  This is probably the most comprehensive and current blog addressing various birther theories. Doc Conspiracy addresses much of the information here -- and much much more -- in magazine-syle articles that are easy to read and understand.

Native & Natural Born Citizenship Explored:  This is another blog that provides frequent updates and information on various birther claims. NBC has focused a lot on the military birthers and has some great stuff.

Bad Fiction:  This is the best blog for information on the community of birthers. The blogger provides "this week in birthers" summaries of all the various activities by the birther attorneys, bloggers, and other commentors.

Barackryphal: This blog focuses on a few discreet issues - but the blogger "breaks news" with terrific original research. One primary focus of research on this blog is the claims of and person behind the "Ron Polarik" COLB forgery claims.

Oh For Goodness Sake: This blog combines breaking news in birther land with hilarious commentary on the birther cast and crew.

Thanks so much for all your support!!!

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So far, we have considered the following claims set forth in Mr. Berg's pleadings:

BIRTH CERTIFICATE / FORGERY CLAIMS

• Was Obama's COLB Forged? Did Obama Post a Forged COLB on his Campaign's Website? (Updated 12/30)
  
  
  • More - Polarik's Claims (Updated 12/29)
    
    
  • More - Reports that Obama's COLB is Authentic (Updated 12/30)
    
    
  • Is Factcheck.org in the tank for Obama?  Is Factcheck.org owned by the Chicago Annenberg Challenge?

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KENYA-RELATED CLAIMS

• Was Obama Born in Kenya? Is Obama a Kenyan Citizen?
  
  
• Was Obama Born in Kenya? (Part 2 - Grandmother/Family Claims) (Updated 1/6)

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INDONESIA-RELATED CLAIMS

• Did Obama use an Indonesian Passport to Visit Pakistan? (Updated 1/26)
  
  
• Did Obama Become an Indonesian Citizen when His Mother, Ann Durham, Married Lolo Soetoro, and Moved to Indonesia? 

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CANADIAN BIRTH CERTIFICATE CLAIMS

• Does Obama have a Canadian Birth Certificate? (Note:  Berg does not discuss this claim in his Proposed Amended Complaint.)

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ILLINOIS BAR ADMISSION CLAIMS

• Did Obama Lie on his Illinois ARDC Lawyer Registration Form?

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BERG'S STANDING PROBLEM

• Mr. Berg's Standing Problem 
  
  
• Berg's Standing Problem - Part II 

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 THE NATURAL BORN CITIZENSHIP CLAUSE

1/23 Update: SCOTUS & "Natural Born Citizen":  A compendium of U.S. Supreme Court cases using the term "natural born citizen" in any context) - in light of claims that "native-born" citizenship or "born a US citizen" per the 14th Amendment means something different than "natural born" citizenship per Article II. 

1/5 Update: The "Natural Born Citizenship" Clause:  A compendium of cases and legal scholarship on meaning of "natural born citizenship" - in light of claimsthat a native-born US citizen who has "dual citizenship" at birth does not qualify as a "natural born" citizen under Article II.

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(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!)

Berg v. Obama Citizenship Lawsuit: Status & Summary (Archive Link)

We retained this post because multiple other sites have linked ot it. 

However, we've updated the Status & Summary HERE.

Is Factcheck.org "in the tank for" Obama? Is Factcheck.org owned by the Chicago Annenberg Foundation?

(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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Mr. Berg's supporters frequently assert that you must discount the findings from FactCheck.org because that organization is "in the tank" for Obama and/or that organization is funded by the Annenberg Challenge which is the organization on whose board Obama sat for a number of years.

For example, Mr. Berg himself recently stated publicly, in a recorded video, that "Factcheck.org is owned by Annenberg of Chicago. Annenberg of Chicago is an organization that Obama sat on the board for a number of years ...." See this video (at 3:58).

This claim by Berg is simply - verifiably - untrue, as shown below.

Clarification:  This post is intended solely to address the factually inaccurate claim that Factcheck.org is owned or controlled by the organization upon which Obama served as a Board Member.  It does not address perceived "bias" in reporting on various stories.  As always, bias is "in the eye of the beholder" - i.e., subject to opinion.  This post is intended to address facts.

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Here are the (verifiable) facts.

1. Factcheck.org is a project of the Annenberg Public Policy Center of the University of Pennsylvania ("APPC") (Source: http://www.factcheck.org/about)

Obama has never been ““heavily associated with” or "served on the board of" the APPC. (Neither Berg, nor his supportes have asserted otherwise.)

2. The APPC was established by publisher and philanthropist Walter Annenberg in 1994 “to create a community of scholars within the University of Pennsylvania that would address public policy issues at the local, state and federal levels.” (Source: http://www.factcheck.org/about)

Obama has never been “heavily associated with” Walter (or Leonore) Annenberg. (Neither Berg, nor his supportes have asserted otherwise.)

3. Walter and Leonore Annenberg, also established The Annenberg Foundation, which funds the APPC and issues grants on a wide variety of issues, worth 100s of millions of dollars. (Source: http://www.annenbergfoundation.org)

Obama has never been “heavily associated with” or "served on the board of" The Annenberg Foundation. (Neither Berg, nor his supportes have asserted otherwise.)

4. Mrs. Leonore Annenberg -- the surviving member of the couple who started The Annenberg Foundation -- has endorsed John McCain for president. (Source: http://www.newsmax.com/kessler/ambassador_mccain_/2008/10/05/137538.html)

Obama has never been “heavily associated with” Mrs. Leonore Annenberg who has, in fact, endorsed McCain. (Neither Berg, nor his supportes have asserted otherwise.)

5. The Annenberg Foundation, which funds the APPC and issues grants on a wide variety of issues, worth 100s of millions of dollars, funded the Chicago Annenberg Challenge. (Source: http://www.annenbergfoundation.org/usr_doc/Retrospective.pdf at page 8; http://www.annenberginstitute.org/challenge/sites/chicago.html)

Sen. Obama served on the board of the Chicago Annenberg Challenge. (Source: See footnote sources cited in http://en.wikipedia.org/wiki/Chicago_Annenberg_Challenge)

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Therefore, the “connection” between Obama and Factcheck.org is as follows:

In the 1990s, Obama served on the board of an organization that received funding from a foundation, which

(a) was established and funded by a couple, the surviving member of whom has expressly, publicly, endorsed McCain; and

(b) now provides 100s of millions of dollars of grants to a wide variety of public interest organizations, including the organization (APPC) that runs Fact.check.org.

Therefore, Berg's attempts to discredit Factcheck.org by asserting that it is owned by the Chicago Annenberg Challenge are demonstrably inaccurate.

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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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:

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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? 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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