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To: OldDeckHand

I like your summation. However, do you not agree that Taitz should be heard on the case? If not, who will hear her case? If no one, then it means our Constitution is a living document and will be used at the discretion of the presiding judge.


642 posted on 10/30/2009 10:54:40 PM PDT by taxesareforever (Release Staff Sgt. Frank Wuterich and let him and his family get on with their lives.)
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To: taxesareforever
"However, do you not agree that Taitz should be heard on the case? If not, who will hear her case? If no one, then it means our Constitution is a living document and will be used at the discretion of the presiding judge"

No, I do not. Since the inauguration, this matter is no longer meets the requirements set forth in the principle of justiciability. Since Obama became a sitting President, the only way to remove him is via the Impeachment process.

If the right plaintiff(s) would have come forward before the inauguration, and if an injunction would have been granted temporarily suspending the swearing-in of Obama, then perhaps this is something that could have been handled by the courts.

I would add, however, that even with the right plaintiffs and the right filing date, it would be dubious if there's even enough evidence to support a trial. In American jurisprudence, the burden of proof is on the plaintiff, and that include the burden to demonstrate it has a reasonable case before motions for discovery are granted. To date, I have seen nothing about this case (this case being Obama wasn't born in America) that a court wouldn't summarily dismiss as conjecture, speculation, innuendo and rumor - that's not going to get plaintiffs a "day in court" in the US.

Furthermore, even if it were, Obama has, via his HI Certification of Live Birth, prima facie evidence of his birth in HI. That document, coupled with an affidavit or direct testimony from the appropriate HI officials would be virtually unimpeachable evidence, creating a challenge for plaintiffs that would be insurmountable. Plaintiffs wouldn't make it passed summary judgment, and a court wouldn't violate Obama's right to privacy on a hunch that his vault copy said something different. Plaintiffs would have to present real evidence - not conjecture - that his vault copy actually said something different.

It's a bit of a Catch-22, but American law puts a premium on a right to privacy. It's just the way the law works.

I recognize you'll disagree with this. You're probably convinced that he was indeed born someplace else. But, as a litigator with over 25 years of experience, that's how things would unfold in US federal court, in my estimation.

644 posted on 10/31/2009 9:36:19 AM PDT by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
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