Posted on 03/05/2010 7:56:12 PM PST by InspectorSmith
Ya wanna take a stab at post #105
I WOULD PAY A SUBSCRIPTION!
Even if it is authentic, I understand that people must be terrified. What you request is certainly not easy to accomplish, even if these people exist and are honest and truthful. Fear around Obama’name is a common thing these days. People even die - like that guy with Obama passport breach...
who is gonna stand up and take our country back from these thugs— i dont know bout you but i have had all the hope and change i can stand— and u?
I want to make one thing very clear here.
Seizethecarp has been one of my greatest supporters for some time now. He has never ridiculed me or attacked me. He is an objective thinker and has inside knowledge.
I cannot confirm that his legal theories are correct or incorrect but I can’t tell you that anything he posts on Freerepublic regarding me (Lucas) or the 1961 CPGH Obama birth certificate in done so only in support of the truth.
I admire and respect Seizethecarp in big way. I don’t want anyone here to think that any of his legal opinions are in any way meant as a jab towards me or the cause.
If there’s a true Patriot to be found here on the wavelength of Freerepublic than we need look no further than Seizethecarp.
Freepmail
I found this statement by you:
The Factcheck COLB has also not been authenticated under the FRE, nor have the “best evidence” HI vital records underlying the representations of HI officials, nor has the claim by HI officials that Obama is NBC.
Both Judge Carter and Judge Land with their FRCP Rule 12(b)(6) dismissals for “failure to state a claim” denied standing to the plaintiffs thus precluding the discovery process in which all BC related documents can be authenticated to the extent possible, and witnesses, like Fukino, Obuko, the HI AB and Smith, can be deposed.
Judge Carter said that even if the Smith BC was fully authenticated by Kenya officials, Carter would be unlikely to give greater weight to a Kenya BC over an equally authenticated HI BC.
Judge Carter assumed, without having the HI vital records released, that discovery of those records would not raise questions and issues that might lead to greater weight being given to the Kenyan BC.
For example, the HI vital records may have been amended from showing a Kenya birth location to showing an HI birth location. Subsequent to such an amendment, “properly” filed, HI officials would be legally required to attest to an HI birth for Obama and precluded from making reference to the pre-amendment Kenya birth, such as is shown on the Blaine BC, for example.
Judge Robertson in the Hollister case also granted an FRCP 12(b)(6) dismissal by stating that Obama’s birth location had been Factchecked, blogged and twittered, none of which meets FRE requirements. Robertson, like Carter, precluded any discovery involving actual authentication of HI vital records in the context of HI Territorial Law 57 and statements of HI officials regarding amendments or Obama’s NBC status.
Theoretically (but not realistically), both Carter and Robertson might be overturned for failure to give adequate weight to the possibility that with discovery under the FRE, plaintiffs could prove-up their documents.
http://www.freerepublic.com/focus/f-chat/2427610/posts
In reference to your statement:
In fact, Federal Judge Carter in CA said that even if Kenyan official did certify Lucas Smith’s CPGH BC, he would likely rule in favor of a certified HI COLB, if submitted into evidence.
As you can see, it makes it much clearer, don’t you agree.
Also interesting is a previous statement(Not by you, I believe) but, I will add it here. It is Judge Carters assessment of Lucas Smiths past, as it relates to evidentiary evidence:
Carter was fully aware that Smith had also placed before the court the Kenya BC. Carter did not consider Smith’s well-publicized background and claims about the BC to have impeached him as a witness.
TYPO TYPO TYPO:
It should read that “I CAN TELL YOU that anything he [Seizethecarp] posts on Freerepublic regarding me (Lucas) or the 1961 CPGH Obama birth certificate in done so only in support of the truth.”
Yep I would love to hear Smiths story in this regard once again.
They’re swigging some booze or toking up to find some relief from their anxiety.
let me get with my attorney and find out more smith— i have your account- i will write you back
Thank you.
I read it woofie, do you think those statements are unique? They have been asked for the past year. When Lucas Smith put the KBC in the court system, and then his affidavit of authenticity, he did his part. It is up to the court system to forensicly analyze the document. They have ambassadors to Kenya that get the information from the Hospital thru legal channels. This has not been done. The MSM does not report it, the Democrats demonize anyone who suggests it, and those in power have lost that power for openly questioning his qualifications. More is afoot than we know IMO. Doing all these things will add fuel to the fire of those who have reasonable doubt that he is qualified, but lets be honest here, we are being ignored. It will take us all grilling those running for office in November to oust the incumbents, or make them get answers or be replaced. Period. Its a matter of making it more important for their careers to do what the constituents want, than the leaders of the Democratic Party, or their handlers, and that is it. If you think I will not ask those who run for office in November what they are going to do about it, your wrong. And I hope every person attending every town hall meeting asks the same questions.
I agree, but you don’t know if he has already provided that to the courts.
The official, state of Hawaii, birth certificate does not show those items. An unofficial one from the hospital probably would, and the information *might* be in the hospital records, or those of the doctor, although of course the doctor is likely not around any more, and in those days doctors were more likely to be in single practitioner offices, so who knows what might have happened to their records.
I do not believe that I have insulted InspectorSmith in any way.
I am merely pointing out what has kept Smith's CPGH BC from being introduced as evidence that can be relied on in US federal court.
The federal court judge where Lucas Smith filed this BC in an affidavit said that even if Kenyan authorities themselves authenticated it, he, Judge Carter, would have to give judicial preference to a certified HI COLB, should one be placed in evidence and not successfully challenged in some way.
Judge Carter specifically stated that merely placing an authenticated Kenyan BC into evidence, presumably even with testimony from the hospital administrators, it would not be enough to overcome a certified BC from a state in the US in his court. HI says Obama was born there. Kenya might say Obama was born there. Judge Carter says he, as a US judge, would side with HI absent a reason to question the HI COLB.
That's where the original HI vital records and any amendments come in and where Obama could, in theory, be vulnerable.
If HI is relying on amended vital records that originally reported a Kenyan birth, but were subsequently amended with affidavits to show an HI birth, a judge might rule in favor of the Kenyan CPGH BC, if it were authenticated under the FRE.
For example is Stanley Ann filed and affidavit in support of an amended vital record and COLB for Obama in 1982 saying she fooled her mom who had first reported a Kenyan birth (like the Blaine BC) which was reported in the HI newspapers, but Stanley Ann had only "pretended to her mom" to go to Kenya and now recants and says she "actually" stayed in HI the whole time she was pregnant and gave birth out in a pineapple field.
Do you really think this has not been presented to the SCOTUS? You really need to check the history of the efforts being made to get discovery.
Do me a couple of favors ....see who first posted stories of Smith’s EBay auction on Free Republic.
Also look up what you can about a poster named “Quidam” who was here in 1998/1999.
I will leave Smith and the folks posting here alone as you want desperately to believe.....Its just that once I wanted to believe in Smith and I also wanted to believe in “Quidam” . When you get burned enough times you get a little cynical.
I am so sorry Seizethecarp, I did not really replied to you...sometime I click on reply - it can be abyone, just to open the post page. I apologize for my words. I saw some posts asking for IS to prove with his passport and stuff when he was there et al so I thought that was may be not very important - which is important is to know if we can find a way to authenticate this BC. Sorry for the confusion :-(
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