Just joining the scrum. Hypothetical: Tomorrow (when there’s free beer) someone steps forward and declares that he was paid by the DNC to forge the long form birth certificate put forward for public view by the White House. He produces incontrovertible evidence including a photocopy of the funds transfer to his personal bank account by the DNC treasurer. What if any Judicial or Congressional actions should follow?
Nothing Judicial can happen until the President is impeached and convicted. Impeached by the house, convicted by the Senate.
Then, and only then can criminal proceedings move forward on the issues of breaking the law and false / forgery documents.
There is no doubt that the Judicial system can be directly involved in ascertaining the validity of the documents and make judgement on the document. Which dozens of attempts have been made to no avail. Either no standing, or no jurisdiction or no case. I don’t even think any case ever proceeded on merits and merely moved forward using ‘appeal abuse’ from people like Orly Taitz, and the YoHos hanging around Sheriff Arapio.
What the Birthers want is to fabricate a coup by circumventing the Constitution by claiming rights for the SCOTUS that simply don’t exist in the political process of elections and in order for them to do so they’re doing what is the equivalent of saying the certain provisions of the Constitution are Unconstitutional.
But the judicial system has been avoiding this precisely because they know that as soon as Obama was elected, took the oath of office that that was it. It left the smooth plains of the legal and into the dark forest of politics.