“Are you punting your point about the FRE already?? You brought it up and now you’re querying about whether the lawsuits got to the evidence phase?? And you do understand that Obama could have presented the requested birth certificate INSTEAD of filing a motion to dismiss?? Tell me you understand that.”
The “E” in FRE stands for “evidence.” Judges don’t accept evidence at a pretrial phase and no lawyer in their right mind allows their client to go to trial when they can get a lawsuit dismissed.
When Senator McCain and the Republican National Committee were sued on the grounds that John McCain’s birth in Panama made him ineligible, neither lawyers representing Senator McCain nor the Republican Party submitted his birth certificate to the Court. They submitted pretrial motions to dismiss on grounds of lack of standing by the plaintiff, Fred Hollander.
Mr. Hollander, the plaintiff, DID submit a copy of a McCain birth certificate with a “Plaintiff’s Sur-Reply In Opposition To The Motion Of Defendants Senator John McCain And The Republican National Committee To Dismiss The First Amended Complaint.”
Unfortunately, the birth certificate submitted by the plaintiff turned out to be a forgery which said that McCain was born in Colon, Panama and not at Coco Solo Naval Air Station’s Family Hospital within the Panama Canal Zone.
Senator McCain did show a copy of his real birth certificate to one reporter for the Washington Post named Michael Dobbs.
Sorry, but this is nonsense. One way to file a motion to dismiss is called "Motion to dismiss based upon documentary evidence" where the documentary evidence "establishes a defense to the asserted claims as a matter of law." In one of Obama's cases, his defense advised judicial notice of the factlack dot org website, which is odd because they could have submitted the actual birth certificate as an exhibit.
When Senator McCain and the Republican National Committee were sued on the grounds that John McCain’s birth in Panama made him ineligible, neither lawyers representing Senator McCain nor the Republican Party submitted his birth certificate to the Court.
McCain's birth certificate was irrelevant to the motion because Hollander's complaint was that McCain was not an NBC regardless of whether he was born in Colon Hospital or at the hospital on the submarine base. This is different than Obama's sitatution because his place of birth would make a difference while McCain's would not.