Give me a break. You don't think the Dems or even the GOPe would bring this up in the general election if Cruz is nominated?
You don’t think Dems might be a little shy of birther issues while Obama would still be in office? A trial on this matter begets a discovery phase. Discovery allows for compelling evidence to support your case via precident instances.
Cruz would be within his rights to subpoena Obama’s records. Even if Cruz was blocked, ithe attempt would put Obsms legitimacy on the front page with Cruz’s.
Couple that with the growing dissatisfaction with Obama’s signature law, it could be quite a hornets’ nest for the Dems.