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"allege sufficient facts to state a claim to relief that is 'plausible on its face.'" Read pp 7-9 of the opinion.

Sounds like a judgment call to me. That's what they pay judges for.

But such facts *were* alleged, an apparant Kenyan Birth Certificate, a piece of paper with signature and seal, and the best they could do with an affidavit about it's origins.

I would have left out all that other cr, er stuff, as well. It wasn't germane to the main issue, eligibility to the office of President.

Ms Taitz could tone it down a notch or too, at least this early in the process, and with no jury involved. Later...well they let Edwards channel dead babies in court, so I guess a little hyperbole and emotionalism when going before the jury would be OK.

Sounds like a judgment call to me. That's what they pay judges for. But such facts *were* alleged, an apparant Kenyan Birth Certificate, a piece of paper with signature and seal, and the best they could do with an affidavit about it's origins.

Actually, according to the documents on PACER, the Complaint attached the "Photocopy of Alleged Kenya Birth Certificate issued in 1964 concerning B.H. Obama" -- not the Lucas Smith Kenyan BC, accompanied by his affidavit. However, she must have read Smith's affidavit into the record during the hearing, because it is not attached as an exhibit on any document in the pleadings (on PACER) -- but the Court does discuss it. Even so, the Smith Affidavit does not properly authenticate the document under FRE 902(3).

Were the case ever to get to discovery, Obama would not just print out a copy of the COLB published online and submit it with his affidavit of how he got it. He would provide an "original" stamped copy of the COLB, and in all likelihood, would also provide an affidavit from the appropriate Hawaii DOH official stating that the official is a custodian of records under (cited) Hawaii law; that the records re: Obama were maintained by the DOH according to the law; that attached, certified COLB is a true and accurate copy of the birth records maintained according to that law. Because the COLB is a domestic document, he would not necessarily be required to provide the affidavit under the Rules, but he probably would, to remove all doubt.