I can only think of that Obama OBot lawyers are telling him that he can lie all he wants as long as he does not submit any of those Hawaiian COLBs to a controlling authority. Hawaii still plays dumb by not commenting about "a man in the middle" who puts out the forgeries. And that it is all advertisement where the truth and advertisements of the images of COLBs on websites are mutually exclusive as in invents.
And if all fails, Obama will try to play plausible deniability by claiming his mother told him he was born in Hawaii. Fat chance that would fly.