Is that the, "oh well, it's already happened" defense? If the gate attendant realized Mohammed Atta shouldn't have been on that flight, but he just walked past her and boarded, should she have just thrown up her hands and said, "He's already in; it'd be too much trouble"?
Because he fooled everyone, and had plenty of others who didn't care whether he was eligible defending him, he should just be allowed to run again without proving eligibility?
So far, there are no Hawaiian officials going to bat for that phony certificate of live birth, saying that this doc proves beyond a shadow of a doubt that he was born in HI. They couldn't. Because they were given out for people who were not born in HI. And because it's just a photocopy. You'd have to see the original and proof the number, etc. There are so many inconsistencies in that document that it cannot be legit, also.
No, it's the "he already proved it" defense. See my profile for a detailed argument as to why his eligibility has already been proven beyond any reasonable dout.