“The election may be over..” Oh no it is not. AOL and O need to learn the names of attorneys and Jutsices Donofrio, Vieira, Alito, Scalia, Thomas, Roberts and maybe Kennedy.
From Mr. Edwin Vieira’s column posted today. He has a BS, MS, JD and PhD from Harvard and 30 years in Constitutional law. Any law Obama signs will be void. Any criminal defendant in any case where O signed a law will be able to demand his birth certificate and have forensic expert determine if Obama is a fraud.
“Mr. Vieira explained although legal standing is difficult to get around in Federal courts, the document could be produced in any criminal cases stemming from legislation passed in the Obama administration.”
“Let’s assume that an Obama administration passes some of these controversial pieces of legislation he has been promising to go for, like the FOCA (Freedom of Choice) Act,” said Mr. Vieira. “I would assume that some of those surely will have some severe civil or criminal penalties attached to them for violation. You are now the criminal defendant under this statute, which was passed by an Obama Congress and signed by President Obama. Your defense is that is not a statute because Mr. Obama is not the president. You now have a right and I have never heard this challenged, to subpoena in a criminal case, anyone who has relevant evidence relating to your defenses. And you can subpoena them duces tecum, meaning ‘you shall bring with you the documents.’ “
Such a criminal defense would enable the defendant to subpoena any person to testify in court and any person to bring evidence in their possession to the court.
Further, records could be subpoenaed directly, in the case of a birth certificate. Once the record could be subpoenaed, the birth certificate could be examined by forensic experts, who would then be able to testify to the document’s veracity as expert witnesses. Any movement by the judges to make a special exception to the president in a criminal case would hurt the legitimacy of that presidential administration.
“I can’t believe I’m the only lawyer who would think of this,” said Mr. Vieira. “I think any criminal lawyer defending against one of these politically charged statutes is going to come up with this. That means it will never go away until that document is laid down on the table and people say, ‘yes, there it is.’ And therefore they’re caught. If people keep challenging this and the judges out of fear keep saying ‘no, go to jail, go to jail, go to jail’ then that’s the end of the Obama administration’s legitimacy. On the other hand if they open the file and it’s not there, then that’s really the end of the administration’s legitimacy.”
Regardless of the outcome of the case the USSC should make sure that candidates prove citizenship before running for office.