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To: frog in a pot
Assuming, as you do, the COLB presented on FactCheck is authentic, what is your opinion as to how the “birther” movement should proceed?

1. Keep raising court challenges re: BHO's authority to issue assorted orders. The soldier who did so got it exactly right, and while the issue was diverted, the diversion raised a lot more questions than it answered. The core problem is establishing "standing", which is solvable. One case alone won't do it, we need LOTS of such cases - enough to statistically overcome the judicial bias against such a case.

2. Establish viable legal concern that a COLB is not sufficient proof of US birth, necessitating revealing the long form original. The idea has been kicked around a LOT, but nobody has enunciated it in a legally viable form.

3. Go to Kenya and other relevant countries to elicit copies of any relevant documents. Most likely they have been erased, but so long as he's in power keep scouring the bureaucratic world for disqualifying evidence.

How do propose that Obama resolve that issue without asking Hawaii to provide Congress with a verifiably authentic copy of his BC?

He won't. Those who have power to act decisively & immediately on the issue have, somehow, been persuaded that either he's legit or to not go there. Until he is compelled to satisfy a court by showing the long-form BC, he won't show anybody anything. There is no reason for him to resolve the issue - he's POTUS, he can ignore those demands unless SCOTUS compels him to.

If he's legit, he can let the issue stew indefinitely, and hand over the proof when it suits him. One tactic in war is get your opponents to waste inordinate resources on petty goals. If he has a proper long-form BC, he can let his opposition burn political capital struggling to enforce demands, only to embarrass them in the end.

If he's disqualified, he has no incentive to comply. Even if SCOTUS demands it, he can play long stalling games, and pull the classic line "that is their ruling, now let them enforce it." Only Congress can legally remove him from power, which the current occupants are not inclined to do. Even a hard-right Congress may hesitate to depose a seated albeit disqualified POTUS, as doing so would cause enormous upheaval; many would rather just ride out what little time would be left and move on from there.

The only way he'll show it is if there is adjudicated proof he's disqualified - not circumstantial evidence as we have now, it must be PROOF to wit a Kenyan BC.

Keep looking. Get the legal ducks lined up and press the issue in many courts. Allegations of faked COLBs are interesting and motivating, but hardly constitute legal proof. Keep stirring up interest, keep pressing so that the suspicious responses mount and garner more interest. And realize that he, as the most powerful man in the world, has a lot more motivation & resources to stay in power than we do to get him out - it will not be an easy victory.

31 posted on 07/22/2009 10:47:16 AM PDT by ctdonath2 (John Galt was exiled.)
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To: ctdonath2; LucyT

Well, thank you for that. One could guess you are a retired college professor.
Let me sort out the facts in your dissertation and respond in line.

“Assuming, as you do, the COLB presented on FactCheck is authentic, what is your opinion as to how the “birther” movement should proceed? “

1. Keep raising court challenges re: BHO’s authority to issue assorted orders.
The soldier who did so got it exactly right, and while the issue was diverted, the diversion raised a lot more questions than it answered.
Ans: We all agree with that statement and it is fairly set out above. In progress.

2. Establish viable legal concern that a COLB is not sufficient proof of US birth, necessitating revealing the long form original.
Ans: “viable legal concern”? Given Hawaii’s expressed position, a court would likely take judicial notice of the matter.

3. Go to Kenya and other relevant countries to elicit copies of any relevant documents. Most likely they have been erased, but so long as he’s in power keep scouring the bureaucratic world for disqualifying evidence.
Ans: In progress, perhaps completed.

“How do (you) propose that Obama resolve that issue without asking Hawaii to provide Congress with a verifiably authentic copy of his BC? “
He won’t.
Ans: Of course, he won’t. It is not possible to do so.

There is no reason for him to resolve the issue - he’s POTUS,
Ans: Disagree. He has much at stake politically, Yellow Dogs, and border line voters and even disillusioned supporters. He and his handlers are racing the clock.

he can ignore those demands unless SCOTUS compels him to.
Ans. The USSC will make no such ruling which you concede below. The Congress certified O as the President and it is the body to revoke that certification.

he can let his opposition burn political capital struggling to enforce demands, only to embarrass them in the end.
Ans: See above. Why would anyone who was qualified run the risk of presenting a forged document to a court of law, or to the public, while at the same time vigorously defend against being compelled to produce authentic documents?

Even a hard-right Congress may hesitate to depose a seated albeit disqualified POTUS, as doing so would cause enormous upheaval;
Ans: Disagree. He and the Dem-controlled Congress are taking a sharp turn to the left and they have given us fair warning of that in pre-election writings and statements.

Allegations of faked COLBs are interesting and motivating, but hardly constitute legal proof.
Ans: Misleading. Allegations do not constitute legal proof of any issue. Demonstrating forgery of identification documents, however, is very useful to a finding of criminal fraud at both state and federal levels.

it will not be an easy victory.
Ans: Regarding victories in general, many FReepers have been there, done that. No problem.

To summarize:
The significance of the forged document is to point out that no one, including Congress, has any basis for concluding O is a U.S. citizen. This must be viewed against an abundance of circumstantial evidence that points to the conclusion O is not a U.S. citizen.

With the exception of military suits, you essentially advocate business as usual and at the same time you seem resigned to our political fate.

This thread advocates taking action that is immediately available. That action is to point out the Congress failed to act in accordance with 3 USC 15; which is a substantial Constitutional defect. If the issue is presented by a member to the Congress, and Congress does not responsibly correct the defect - which it almost certainly will not - the issue can be presented to the USSC.

If the USSC agrees with the petitioners, Congress is then on notice it is in violation of the Constitution. Granted, Congress may continue to irresponsibly chose to do nothing. In such event the voters, if not the general public, will decide the matter.


32 posted on 07/22/2009 12:01:38 PM PDT by frog in a pot (It's a myth, folks. The frog will jump out and he will be pi$$ed. Ever had big warts?)
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