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To: rxsid

I dont know if this has been posted page 74 on gets into the meat of what happens if he is sanctioned (discovert, mitigated damages) it clearly explains DOJ had a duty to give discoverable materials to end the many suits.

http://www.scribd.com/doc/34567772/03-09-4209-Appeal-Atty-Apuzzo-Files-Kerchner-Response-to-Court-s-Show-Cause-Order-for-Damages-Costs


12 posted on 07/20/2010 3:23:27 PM PDT by rolling_stone
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To: rolling_stone; All
From the Appeal:

While proof of where and when Obama was born may not be relevant to whether he may run for the political office of President given his First Amendment rights to make a political statement, it is surely relevant once he wins the electoral college vote on the question of whether he qualifies for that office under Article II, Section 1, Clause 4 and the Twentieth Amendment. I cited these First Amendment cases in our Brief. Obama under Article II, Section 1, Clause 4 is duty bound to conclusively prove where he was born and that he is at least 35 years of age before executive power may constitutionally vest in him under Article II, Section 1, Clause 1. This is a burden of proof that he and only he has and which he must satisfy in order to show that he as the President-Elect is eligible to be President under Article II, Section 1, Clause 4 and therefore deserves to be confirmed by Congress under the Twentieth Amendment.

Because of his need to satisfy the place and date of birth requirements of the eligibility clause, it is also not reasonable to maintain 82 that Obama has a reasonable expectation of privacy as to the place and date of his birth. Additionally, Obama did post in 2008 on the internet for the public to view a scan of an alleged 2007 Certification of Live Birth (COLB). Hence, Obama also waived any reasonable expectation of privacy, if any, that he may have had as to the place and date of his birth. Hence, documents proving such facts are also not privileged.


16 posted on 07/20/2010 4:07:53 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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