If Obama wants to be on the ballot in the State of Georgia, he has to prove he is a Natural Born Citizen per the US constitution in the Administative court of Deputy Cheif Judge Malihi on Jan. 26th 2012.
My question to you is: Without presenting in the Georgia courtroom vital records in the form of a physical, paper legal document with a raised seal, how does Obama prove he was born in Hawaii?
Obama will not be at the hearing to be directly examined by Plaintiffs. Obama’s lawyer will present Obama’s COLB with raised seal and registrar’s signature. It will serve a prima facie evidence (evidence to be taken at face value) Obama was born in Hawai’i on Aug 4, 1961.
Prima facie evidence is valid until contradictory evidence is presented, i.e. a witness testifies the birth happened in Africa.
An Administrative Hearing Judge would have to make a determination if the witness stating Obama was not born in Hawai’i was credible. If so, Obama would have to present corroborating evidence he was born in Hawai’i, i.e. an announcement in the newspaper published in 1961.
If the Judge determines the witness is not credible, then Obama’s COLB will be accepted as a fact by the Judge.
The other question is a determination of the definition of a Natural Born Citizen. Obots will tell you it is defined as person born in the US. Plantiffs in this case are claiming the definition is derived from a Supreme Court case in the late 1800’s which describes a Natural Born Citizen as born in the US with two US Citizen parents. Another Supreme Court case in the late 1800’s describes a Natual Born Citizen as a person born in the US with two parents who are not employed as diplomats to a foreign country and are permanently domiciled in the US.
If will be up to the Judge to determine the definition of Natural Born Citizen. If the Judge decides its born in the US, then Obama is eligible and the case is closed. If the Judge decides its born in the US with two US citizen parents, then its up to Judge to determine if both of Obama’s parents are US Citizens at the time of is birth. The COLB indicates Obama’s father’s birthplace but does not say if Obama’s father was a citizen at the time of his birth. Furthermore, the COLB does not indicate whether or not Obama’s father was a Permanent Resident Alien of the US at the time of Obama’s birth.
And then there are issues with Obama’s SSN. But Obama won’t be there to answer any questions about his SSN application when he was 15 or 16 years old. Its possible the Judge may view Obama’s decision not to show up and answer questions about his SSN application as an indication of something fraudulent or he may decide its nothing to worry about and ignore it.
Not that this would slow Birthers down any...
I agree. And I speak as someone who has often pointed out the legal flaws in the eligibility lawsuits.
But what Orly is seeking is not a COLB with a raised seal. She is demanding that her "expert" (a former Kinko's employee-- I kid you not) examine the original paper COLB in Hawaii's files. No court will ever give her that; if Hawai'i produces a COLB with a raised seal, the Full Faith and Credit Clause of the Constitution says that Georgia must accept it.
What is much, much worse is that Hawai'i law (like the law of every state) has a procedure by which a Hawai'i court can enforce an out-of-state Subpoena. Orly made her motion in Hawai'i without citing this law (she relied instead on a rule about enforcing subpoenas issued by a Hawai'i court) and, more importantly, left out at least two, and probably three, of the required steps for enforcing an out of state subpoena.
Personally, I don't think Orly is secretly on OBama's payroll-- I just think she is the least competent lawyer in the country-- but I can understand the people who think so. She couldn't mess this up worse if she wanted to.
My question to you is: Without presenting in the Georgia courtroom vital records in the form of a physical, paper legal document with a raised seal, how does Obama prove he was born in Hawaii?
I’ll venture to guess Debbie Wasserman Schultz will provide a written testament (similar to the Pelosi OCON) stating that the DNC has determined that Barack Hssein Obama II meets the constituional reqirements to be POTUS.
But then she risks implicating herself in a consipracy to defraud the electorate of the US.
being born on US soil is ONE part of the natural born requirement.
the other part is being born of TWO American citizen parents.
the need for the birth certificate was to prove both the location of birth and the citizenship of the parents at the time of his birth. we may all 'known' that his father was kenyan when he was born... but there has never been an official document stating as much
for all those trying to say he's natural born... i'd sure like to know how that's possible with one parent being a foreign citizen