OBAMA HAS NOT MET HIS BURDEN OF PROVING HE WAS BORN IN HI

Natural Born Citizen ^ | 12/31/08 | Mario Apuzzo, Esq.

[Calpernia]

OBAMA HAS NOT MET HIS BURDEN OF PROVING HE WAS BORN IN HAWAII

By now, many of us know about the Certification of Live Birth (COLB) that Obama posted on the internet in June 2008 as proof that he was born in Hawaii. This document was touted by fightthesmears.com and factcheck.org as sufficient proof that he was born in Hawaii. Later on we learned about Hawaiian law in effect at the time of Obama's birth that allowed parents or guardians of babies born in a foreign country to register the foreign births in Hawaii and to receive a COLB as evidence of that registration. We also learned that only the original Certificate of Live Birth (BC), issued by the birth hospital, provides, among other things, the name of the hospital where a baby was born and the name of the attending physician that delivered the baby. We learned that the Department of Hawaiian Home Lands (a state agency that happens to detail the difference) states:

In order to process your application, DHHL utilizes information that is found only on the original Certificate of Live Birth, which is either black or green. This is a more complete record of your birth than the Certification of Live Birth (a computer-generated printout). Submitting the original Certificate of Live Birth will save you time and money since the computer-generated Certification requires additional verification by DHHL.

After learning this information many concerned Americans had doubts about whether the COLB was sufficient proof that Obama was in fact born in Hawaii. But apart from the lax Hawaii law, there is another important point to understand about the COLB.

If one reads the document, one will see that at the bottom it states: "This copy serves as prima facie evidence of the fact of birth in any court proceeding."

Source: FightTheSmears

The important words here are "prima facie evidence." "Prima facie" is a Latin phrase meaning "on its first appearance" or "by first instance." It is evidence which is adequate, if not invalidated, to confirm a particular intention or fact. It is evidence that is sufficient to raise a presumption of fact or to establish the fact in question unless rebutted. A prima facie case may be insufficient to enable a party to prevail if the opposing party introduces contradictory evidence. In other words, it basically means that on the face of it or on the surface there is enough evidence to prove the alleged fact, unless and until the alleged fact is contradicted.

What does all this mean? Obama has presented his COLB as proof that he was born in Hawaii. That document itself states that it is only "prima facie" evidence of that fact. As we have seen under the definition of "prima facie," the presumption that the fact exists fails when evidence contradicting that fact is presented. When evidence contradicting the alleged fact is presented, the interested party needs to present other competent evidence to prove the existence of that alleged fact. If he fails to do so, the alleged fact is not proven, even if the opposing party produces no further evidence.

Many concerned Americans have provided the public domain with evidence which contradicts the COLB's statement that Obama was born in Hawaii. They have presented the following:

- the existence of the lax Hawaiian law that existed at the time Obama was born which allowed parents to register their foreign born babies in Hawaii;

- Obama's grandmother's statement that her grandson was born in Kenya and that she was present during that birth;

- the Kenya Ambassador to the United States, Peter N.R.O. Ogego, confirmed on November 6, 2008 during a radio interview with Detroit radio talk-show hosts Mike Clark, Trudi Daniels, and Marc Fellhauer on WRIF's "Mike In the Morning," that "President-Elect Obama" was born in Kenya and that his birth place was already a "well-known" attraction;

- the conflicting statements of Obama and his sister concerning in which Hawaiian hospital he was born;

- the failure of any Hawaiian hospital to confirm that Obama and/or his mother were present in any such hospital at the time of Obama's alleged birth in Honolulu;

- Director of Hawaiian Department of Heath, Fukino, said she has “personally seen and verified that the Hawaii State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures," but she failed to say that the certificate shows that Obama was born in Hawaii;

- fightthesmears.com's and factcheck.org's current silence on the issue;

- the lack of any other corroborating document showing that Obama was born in Hawaii;

- the refusal of Obama to release for inspection his past documents (college and law school records and passports) which would shed some light as to where he was born;

- the failure of Obama to declare publicly after his COLB has been put into question that he was born in Hawaii;

- and Obama relying on state privacy laws to block the release of a certified copy of his birth certificate.

This mountain of contradictory evidence is sufficient to cause the prima facie presumption of the COLB to fall. Obama therefore now has the burden to come forward with competent evidence to prove that he was born in Hawaii. To date, he has failed to come forward with that evidence. Hence, under these circumstances, how can the American people in good faith conclude that Obama was born in Hawaii which makes him a "natural born Citizen" and therefore eligible to be President? How can Obama in good conscious take the oath to be President on January 20th when so many Americans have put forward all this contradictory evidence regarding where he was born and he refuses to come forward with any other convincing evidence (like a certified copy of his original birth certificate) showing that he was born in Hawaii? Obama should do the right thing for everyone's sake and produce the evidence of where he was born.

(c) Mario Apuzzo, Esq.
Jamesburg, New Jersey
December 31, 2008

[Calpernia]

Good legal commentary on COLB

[mad_as_he$$]

Nobody who can do anything about it cares and it is clear the fix is in.

[Eye of Unk]

Personally I think its time to prepare for damage control, with Obama being disqualified it obviously means many things will have to be done to repair the mistakes his administration has caused.

First off is the indefinite hold on re-naming airports, schools and roads after him.

Public funding of effigies, statues, busts or monuments should be immediately halted.

Appointees are to be held in stasis until after reviews of being qualified to hold positions.

Preparations need to be made for a possible new election with serious instructions that all candidates now meet the Constitutional requirements before being nominated by the electoral college and will have all documents available to the public for verification.

I can go on for an hour or two but I will be nice and let more qualified minds prevail or to clarify any mistakes I may have just made.

[EnglishOnly]

“Obama should do the right thing for everyone’s sake and produce the evidence of where he was born. “

I agree, but to the BHO camp that seems to present a huge problem. That problem is called the “Truth”.

Question is this; How long can this Charade go on until the Truth is known?

[Diogenesis]

[The Sons of Liberty]

Personally I think its time to prepare for damage control

The more pressing thing will be to prepare for the riots and looting - stock up on ammo.

[waxer1]

I do believe the truth will come out. Unfortunately it will come out while he is in office.

What a mess that will be. I don't know why, even for obama supporters we don't nip this in the bud now and find out one way or another.

Like I said above, when the truth comes out it will be a very messy situation.

[mad_as_he$$]

Yup.

[Doug TX]

I listened to a recent Tom Tancredo radio interview and he flat out doesn’t care because he doesn’t believe anything will be done about it.....what a defeatist, loser mentality. Instead of leading, he’s in the peanut gallery with his thumb up his you know what. Now he can get back to chasing illegals out of the US....what irony.

[K-oneTexas]

I agree. The article is good and the questions raised still apply.

All other ‘responsible parties’ (DNC, RNC, State’s AG’s, FEC, State Courts) have all claimed it is someone else duty to vet a Presidential Candidate vs the Constitutional requirements.

IMHO, I do not see the USSC entering the fray. The only thing to do is suffer through this period and change Congress at the mid-term and in 4 years and then make changes to force the courts and executive agencies to do their jobs.

Hard task though. Clinton holdovers will be even harder to root out later and Obama holdovers will also become entrenched.

If the USSC lets gives him a pass we are truly up the pervebial creek. Paddles optional!

[gigster]

All new demolition and construction on Mount Rushmore will cease.

[Iowan]

Thanks for the update, Calpernia

Ping.

[getmeouttaPalmBeachCounty_FL]

Thanks for the ping.

I wonder if Mendoker’s bakery is still in Jamesburg. My dad loves Mendoker’s.

[PhilDragoo]

To Mario Apuzzo's Eleven Contradictions add Ron Polarik's proof the COLB was forged--QED America is burdened with:

[FreeAtlanta]

Can you also require all these morons with Obama stickers to take them off their cars? These idiots probably have a problem spelling anything but Obama. sad.

[apocalypto]

bump!

[Polarik]

He gets an "F" from me for Failing to know the Facts about Obama's COLB.

"What does all this mean? Obama has presented his COLB as proof that he was born in Hawaii."

"the failure of Obama to declare publicly after his COLB has been put into question that he was born in Hawaii."

Are you kidding me? Since he failed to grasp the "prima facie" evidence of document fraud: that Obama did not "present" a real COLB at all, but a manufactured, BOGUS COLB, he needs to go back to Square One, and put FORGED PROOF OF BIRTH as the first thing on his numbered list.

Ever since I discovered that the COLB was bogus, I did not need to play the "He's not a natural-born citizen" card.

My "Ace in the hole" has always been the evidence of document fraud because a natural-born US citizen would never produce a forged document to prove that he is a natural-born US citizen.

That's both a conundrum and an oxymoron.

[Calpernia]

I see it as boxing him in for both arguments. The Obama camp still won’t own up to publishing a forged doc. The still want to stand on the COLB as legit.

But, to stand on the COLB as proof, he can’t because of “prima facie”.

I like boxing in liars. They run out of places to go.

[little jeremiah]

BTTT.