You would be correct, if this was a criminal action .......... but it's a civil action. Anyhow, If he was going to assert that type of defense, he should have claimed his 5th amendment rights in his first response to the action.
Soooooo, produce the documents Zero!
He does not have to claim the Fifth Amendment to a CIVIL action. That is where this whole thing comes off the rails. All he really needs to do is shut up. It MUST be a CRIMINAL investigation wherein a LEGAL WARRANT can be issued for documents relevant to this case. THE STATE OF HAWAII would then be forced to either produce a VALID birth certificate, or affirm that there is no such document.
There IS ample cause to suspect a fraud has been perpetrated precisely BECAUSE he has steadfastly refused to produce valid documents, AND no Secretary of State required the proper proof of citizenship before Obama was allowed to be on any state’s ballot.
A sitting judge must issue a proper warrant based on all the facts in the case.
Sorry...did anyone hear ZERO take the Fifth?