It applies to Barry because there is something wrong with his BC also - a reason why it is not legally valid, as revealed by Onaka. I think Maskill probably knows that, and may have been told to cover that base in his memo.
Maskill is trying to claim that a delayed birth certificate is prima facie evidence. Hawaii statute, however, specifically says that the probative value is determined WHEN THE LATE/ALTERED BC IS PRESENTED AS EVIDENCE. Until Obama actually presents his record as evidence in a legal proceeding it has NO legal value (This is contrasted with the statute which says that Certificates of Hawaiian Birth - which had a prescribed legal procedure in order to be issued - and BC’s completed within the first year after birth are PRIMA FACIA evidence). Maskill’s point from this case is overruled by Hawaii statute which governs the evidentiary value of their own legal records.
“Maskill is trying to claim that a delayed birth certificate is prima facie evidence. Hawaii statute, however, specifically says that the probative value is determined WHEN THE LATE/ALTERED BC IS PRESENTED AS EVIDENCE.”
Appearance is reality for the Obama-coddling MSM, courts and GOP-e and the appearance of the WH LFBC pdf is that it is NOT late or altered but is an image of a vital record that was signed by an attending MD and registrar in the beginning of August 1961. So far HI courts, the final controlling authority over interpreting HI state law, have protected the prima facie appearance of the pdf and also Onaka’s appearance of having authenticated it.
Yes, the actual vital record in the vault might be late or altered, but that is not the appearance of the presented (not legally released) White House pdf. As long as a halleluiah chorus of state and federal judicial, legislative and executive branch controlling authorities bow down to this golden calf of a forged image, Barry’s defense is impenetrable.
Only new verifiable facts that can be proved up by a plaintiff before the House or in federal criminal or civil court can make progress at this point, IMO.