What do you make of the fact that SoS Kobach told the media that the information “matches”? He used Dr. Onaka’s language not his language. He doesn’t seem to be drawing a distinction between “identical” and “matches”.
Maybe the SOS and AG don’t agree with the legal argument made by Klayman.
“Identical” v. “matches” is not the argument made by Klayman.
His argument is available here: http://www.wnd.com/files/2012/09/BauerLetter.pdf
The law is clear. There’s really no argument to be made. MDEC understood Onaka loud and clear also. And if Kobach didn’t buy the argument then why would he ask for verification from Onaka anyway? Why not just say Obama’s birth facts were already verified to Arizona and MDEC?
The wording in Onaka’s verification to Kobach was WORD FOR WORD copied from Kobach’s request, except for changing “is identical to” to “matches”. Any lawyer worth his salt would notice that difference. It was a deliberate change that required effort. And they would notice that it was not Onaka’s initials by the signature stamp AND that the document had no raised seal - all in comparison with MDEC’s verification, which Kobach had said he needed to find out about.
Onaka is doing a good job of signaling to us when something is wrong - like a wink at just certain times. If even I can see this, any lawyer should immediately see this. Kobach is not stupid. He knows exactly what is going on. He thought he was only asking for a verification that Onaka could give, even with a non-valid BC. But Onaka had to balk at even the words “identical to”.
That tells us with even more detail what is going on - that there is “information” missing from the White House image that is contained on the original record. That’s why “matches” can be used but “identical to” can’t. The only 2 items that were left blank on Obama’s White House long-form image were Items 7f (mother’s mailing address) and Item 23 (”Evidence for Delayed Filing or Alteration”).
MDEC was very careful to point out to the judge (when they submitted their verification in court) that “information” only means BIRTH FACTS - just to be sure that they couldn’t be found guilty of trying to claim that the one “item” that refers to the filing status was identical on the WH BC and on the record on file, since it could be shown that they already had reason to know that the record was late and/or altered because Onaka had already confirmed to Bennett that the record was non-valid, by the time MDEC made their request.