When the Obama team argues that the short form is enough she will undoubtly bring up that the short form that he presented was available to those not born in HI. At the very least he will require a certified orignal of the short form with the Seal etc.
My non-lawyer reading of the FRE is that the HI short form, if the Obama team shows the judge a copy with the raised seal and signature, is “self-authenticating” meaning to me that Fukino doesn't have to show up in court and testify to its authenticity. I expect that only if Orly first authenticates a Kenya BC in discovery will judge Carter then order release of the HI “vital records”, perhaps only in camera (in judge's chamber).
From Rule 902 Self-authentication:
“Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
(1) Domestic public documents under seal.—A document bearing a seal purporting to be that of the United States, or of any State, district, Commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.”
http://federalevidence.com/rules-of-evidence#Rule902
Orly’s Lavender BC purports to be an original that can be forensically authenticated as having been created in 1964 without relying to Kenyan authentication.
Unfortunately, Smith’s BC is a certified photocopy executed in 2009 with a seal and a signature stamp of the current hospital administrator Maganga, which is not as credible as having an actual signature would have been. Trying to obtain “official” Kenyan validation with testimony from Maganga or other Kenyan officials sufficient for the document to be admitted into federal court as evidence looks problematic to my non-lawyer eye reading FRE 902:
Rule 902. Self-authentication
“(3) Foreign public documents. A document purporting to be executed or attested in an official capacity by a person authorized by the laws of a foreign country to make the execution or attestation, and accompanied by a final certification as to the genuineness of the signature and official position (A) of the executing or attesting person, or (B) of any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation. A final certification may be made by a secretary of an embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification.”
http://federalevidence.com/rules-of-evidence#Rule902
The faction of Obama’s cousin, Odinga, lost the last election and an important sounding position of “Prime Minister” was created for Odinga as a consolation prize after his followers rioted. The president, KIBAKI, has the real executive power in Kenya, but Odinga’s is the largest party faction in the parliament. It is hard to discern whether the ruling party would be more inclined to hide Obama’s BC, possibly for blackmail or to preserve the national pride in Obama if Odinga’s opposition still has that pride after the riots, or whether the ruling party would see any benefit in helping bring Obama down. Odinga’s followers could hold the threat of riots against the Kenyan gov’t.
From CIA Worldbook:
chief of state: President Mwai KIBAKI (since 30 December 2002); Vice President Stephene Kalonzo MUSYOKA (since 10 January 2008);
head of government: President Mwai KIBAKI (since 30 December 2002); Vice President Stephene Kalonzo MUSYOKA (since 10 January 2008); note - the roles of the president and prime minister are not well defined at this juncture; constitutionally, the president remains chief of state and head of government, but the prime minister is charged with coordinating government business
cabinet: Cabinet appointed by the president and headed by the prime minister, who is the leader of the largest party in parliament
election results: President Mwai KIBAKI reelected; percent of vote - Mwai KIBAKI 46%, Raila ODINGA 44%, Kalonzo MUSYOKA 9%
https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html