Posted on 11/21/2008 11:57:26 AM PST by pissant
Perhaps the two worst places to get info on the subject, but hey, enjoy.
“Perhaps the two worst places to get info on the subject, but hey, enjoy.”
Not true. The Home Lands Department of Hawaii will not accept the Certification of Live Birth ( which is what is up on Factchecks website, not a Certificate of Live Birth ). They require the Certificate of Live Birth.
Now as to Prima Facie evidence statement. Prima Facie means "on the face of it" until proven otherwise. With a vault copy - which shows more detail - things can be proven otherwise. That is why the Home Lands Department requests the Certificate of Live Birth and not the COLB. If a COLB is submitted , they have to do further investigation. Notice on the COLB it also says "proof of birth" NOT proof of birth in Hawaii. An example of a prima facie piece of evidence if a xerox copy of a document is submitted in court. "On the face of it " ( prima facie ) that it is an actual copy of the document. If both sides stipulate to it, it is entered into evidence. If one side objects, it is not and the original has to be produced.
Look up the legal definition of standing and that'll tell you.
Pretty much, yeah.
Obama is not applying for Hawaiian Home lands status. That is the only legal situtation requiring more than what he has shown on the web.
There is no federal law nor state law that compels any more than the Certification of Live Birth issued by the state to establish US citizenship and the US Constitution provides no guidance as to how to establish “native born” status. There are no federal laws requiring vault copy, original birth certificates over state issued Certificates of Live Birth in order to become President of the United States.
“Prima Facie,” as it appears on Hawaii Certificates of Live Birth means {in a court of law} “evidence that is sufficient to raise a presumption of fact or to establish that fact in question unless rebutted.”
Someone is going to have to prove to a judge, a jury or Justices that Obama’s COLB is forged, altered or inaccurate. Otherwise, it is acceptable in legal proceedings.
You are right in Prima Facie meaning evidence that is sufficient to raise a presumption of fact or to establish that fact in question unless rebutted. You are wrong in saying that someone has to prove to the Court it is forged, or altered. A COLB is just a summary. It does not contain all the information that the vault copy contains. In the case of Hawaiian law, the mother could have applied for a delayed certificate. This case is not about showing his citizenship, it is about natural born status. Section 23 of the Certificate would show that. It says :"Evidence for Delayed Filing or Alteration" All the plaintiff has to do is challenge the COLB on that fact. It does not contain the information that is sought in the case.Therefore it is not Prima Facie evidence to show natural born status. If under section 23 , it says she was out of the country when he was born - that would show that he is a naturalized citizen ( since according to the laws at the time she was not able to pass on US citizenship to him )
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