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To: OldDeckHand

If Obama submited a COLB as evidence the defense would have a right to discovery that may lead to admissible evidence to counter the document. Every thing would be open as to his citizenship and NBC status IMO.


644 posted on 08/31/2009 8:54:16 PM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
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To: rolling_stone
"If Obama submitted a COLB as evidence the defense would have a right to discovery that may lead to admissible evidence to counter the document"

Under FROE 902 (1)(4)(11) rule, they might be able to challenge it, but discovery wouldn't necessarily be granted. That rule is pretty clear what qualifies as an official record. So long as appropriate notice was given to opposing counsel, I believe a certified copy, with seal and signature would be admitted into evidence, without much fanfare.

If it was challenged, this is how we'd see either sworn testimony or an affidavit from HI official to authenticate such a record. That testimony of authenticity - if provided by HI official - would be a HUGE hurdle to get past. As a practical matter, it's tough to argue that a certified copy isn't genuine and accurate if the certifying official swears that it is.

Seals are important on official government records. They carry tremendous legal weight and aren't there merely for decoration. FWIW.

647 posted on 08/31/2009 9:13:57 PM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: rolling_stone
"If Obama submited a COLB as evidence the defense would have a right to discovery that may lead to admissible evidence to counter the document. Every thing would be open as to his citizenship and NBC status IMO."

I reread your post. Are you suggesting that a military court is going to compel Barack Obama to provide his birth certificate or certified copy? Yeah, that's not going to happen.

I thought you were speaking about the possibility of one of these civil suits being litigated on the merits. That's the only place we'd possibly see Obama submit any kind of document, and even that is unlikely.

648 posted on 08/31/2009 9:17:29 PM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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