Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Cicero
“Exactly. All he had to do was require that Obama make his birth information available to the court. If Obama denies that the Kenyan birth certificate is legitimate, then he can prove it by providing his Hawaiian birth records to the court.

“That is not unreasonable. It would be required in almost any situation where the facts are in question. For example, Obama’s birth records were provided to the divorce court judge when his mother divorced his father, although they have since mysteriously disappeared from the divorce file.”

We don't know what the missing page is from the Dunham-Obama divorce file. In HI, marriage records are protected from public disclosure, so the missing page could have been the Dunham-Obama marriage record. Subsequently HI has disclosed that a “vital record index” for the marriage exists, so it might have been the missing page. It also could be Barry's vital record of birth, also disclosed to exist, but not released by HI.

Unfortunately, under the Federal Rules of Evidence (FRE), a COLB short form, such as the one with minimal information (lack of location, hospital and doctor) that the Obama campaign gave to Factcheck, if submitted to Judge Carter would have been legally “self-authenticating” and sufficient to prove Obama’s HI birth, absent legally admissible rebuttal evidence.

Unfortunately, under the FRE, as a foreign BC, Smith's Kenya BC for Obama is not “self-authenticating”. Thus it required official authentication from Kenya which was not put before Judge Carter by Taitz.

Bottom line, an HI COLB will get into evidence under the FRE in any federal court and be accepted on its face as proof of HI birth unless refuted, while a Kenya BC without official Kenya government authentication cannot refute an HI COLB, cannot be relied on by a federal court judge and won't raise a requirement that it be refuted by Obama.

Transparency is electing to release documents that one is entitled to withhold in the interest of removing any appearance of improper or illegitimate action. Obama is shamelessly violating his promise of transparency as he declassifies and releases formerly top secret docs going back decades while refusing to release his own original HI vital records just because he is entitled to.

74 posted on 01/01/2010 12:04:43 PM PST by Seizethecarp
[ Post Reply | Private Reply | To 56 | View Replies ]


To: Seizethecarp

You honestly make me laugh and get angry at the same time. YOU are a complet and utter gasbag!!


119 posted on 01/01/2010 9:53:09 PM PST by Canadian Outrage (Conservatism is to a country what medicine is to a wound - HEALING!!)
[ Post Reply | Private Reply | To 74 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson