There is nothing on the COLB or the LFBC that is being disputed - so why would it need to be entered into evidence?
The argument is if the legal definition of the term 'natural born Citizen' includes citizens who were not born of 2 US citizen parents.
Since the fact that Obama was born in Hawaii, and that his father was never a US citizen is not in dispute, the COLB and LFBC has no relevance.
The only thing that is relevant is what the legal definition of NBC is. The easiest way for Judge Malihi to punt this out of his court, would have been to find a way to grant the defendants Motion to Dismiss. Since he denied the Motion to Dismiss, there really doesn't appear to be a way for this case to end that does not result in a legal definition of what exactly a NBC is.
The plaintiffs really are in a good position to argue that NBC does not include native born children of alien parent(s).
One of the reasons why a court might be willing to take this issue on, and punt the other "arrest Obama for treason" cases, is that this argument does not only effect Obama, or Democrats, there are nationally prominent Republicans (Rubio and Jindal) who would suffer from the same ruling. That may give the court a way to deflect the impartiality rhetoric.
This case will not result in Obama releasing an original BC, or anything else. What this case may do, is have a court rule that Minor v. Happersett is existing precedent on what the definition of NBC is.
There is nothing on the COLB or the LFBC that is being disputed - so why would it need to be entered into evidence? The argument is if the legal definition of the term 'natural born Citizen' includes citizens who were not born of 2 US citizen parents.
Since the fact that Obama was born in Hawaii, and that his father was never a US citizen is not in dispute, the COLB and LFBC has no relevance.
Yes and no, that OBama is not a natural born citizen based on Minor v. Happersett. However, Obama has not even produced 'prima facie' in court anywhere that he was born in Hawaii or even a US citizen by birth.
From
"Attorney Mark Hatfield on behalf of Plaintiffs Kevin Powell and Carl Swensson filed a motion for severance and for separate hearing"
-snip-
"Until the moving party produces evidence or materials which prima facie pierce the pleadings of the opposing party, no duty rests upon the opposing party to produce counter evidence or materials in affirmative supporting of its side of the issue as made by the pleadings. See, eg., Guthrie v. Monumental Properties, Inc. ..."
-end snip-
Obama is going to have to argue that 1898 US v. WKA decision gave him natural born citizenship status in front of a court, but first Obama should prove and establish that he was born in the US as that has not happened. Obama has to get to first base before he even has a chance to score.
