Let’s talk about evidence concerning where Barack Obama was born. If we were to have a hearing today, what evidence would be submitted to prove that Obama was born in Hawaii?
We have a COLB. Ok, fine. But that does not establish where someone was born, just that they were, in fact, born somewhere.
If the paternal grandmother showed up and testified about his birth in Kenya, that would certainly be evidence that he was not born in Hawaii. There would then be a dispute of fact as to where he was born to be resolved by the factfinder.
Certainly, his long form birth certificate would provide some prima facie evidence of where he was born. But we have not seen it.
The problem is that we do not have ANY prima facie evidence that Obama was born in Hawaii. We have not seen is birth certificate. We have not heard of a single eyewitness (a doctor, nurse, anyone) who was present when he was born in Hawaii or cared for his mother during the pregnancy. We have not heard of any friends of his mother or his family state that they were present when he was born or visited Ms. Dunham in the hospital after the delivery. None. Zilch.
So then it gets to the burden of proof. Who has the burden of proving that Obama was born in the USA and therefore a natural born citizen? If Obama has to prove it by a preponderence of the evidence, I don’t know if he can do it with the documents we have seen. If ordinary citizens have to prove that he was not born in the USA, I don’t know if we have enough info that way either (other than statements that are hearsay).
From Hawaii’s website - Interesting excerpt...They do not even accept the Certification of Live Birth (short form) as proof of birth. They want the long form, the Certificate of Live Birth.
“...In order to process your application, DHHL utilizes information that is found only on the original Certificate of Live Birth, which is either black or green. This is a more complete record of your birth than the Certification of Live Birth (a computer-generated printout). Submitting the original Certificate of Live Birth will save you time and money since the computer-generated Certification requires additional verification by DHHL.”
And you have none that he was born anywhere else. There in lies the rub.