You don;t get discovery unless you can prove you have a sustainable case that has a chance of winning (Federal Rule 56.1) It’s shocking to see so many of my fellow conservatives who are usually more aware of the need for Tort reform and an end to Lawsuit abuse being so very in favor of it in this case.
The Burden of Proof is always with the Plaintiff and right now Orly has exactly ZERO that will stand up in Court. Imagine if the law really worked the way you think it should in this case
you could be accused of anything by any random person without a scrap of evidence, and then be forced to open up and turn over all your most private records (nearly ANYTHING is discoverable-even things that would never in a million years be admissible as evidence)
That is not a world that I for one want to inhabit.
That is not a world that I for one want to inhabit.
Me neither.
OK, fine. What evidence could she possibly have access to that would satisfy the "stand up in court" criteria? The best would be the original Hawaiian birth certificate, but she's denied access to that. Any foreign birth certificate suffers from the access problem as well, either because of similar privacy laws, or what could be called "political interferance". IOW the government of Kenya is not about to release and authenticate a birth certificate for the cousin of their prime minister that would show his cuz ineligible to the office of Presidentof the US.
But if you can't name any theoretical evidence that would be accessable to the plaintifs, then you are using the "rules" to deny them any possiblity of having their case decided on it merits, cause you'll never get to the merits.
Even proving, in a legal sense, BHO Sr was his father and that he was not a US citizen would be impossible under your interpretation of the rules. Visa records, government controls them. Birth certificate (to prove paternity), "private". Marriage license records "private".
You can't deny one side access to all possible admissible evidence and pretend you have a system of justice.
Neither is one where the Constitution is used for so much toilet paper one which I care to live in. With only the emanations from it's penumbra being vigorously enforced.