Posted on 04/17/2011 5:15:50 PM PDT by RobinMasters
John Roberts isn’t going to let it come to his court.
It's not a "smear" when it's the truth. A smear is always a lie, and no one on this side of the aisle is lying about him.
I'm afraid that Trump doesn't pass the smell test for consideration by conservatives and right-thinking Republicans. Not even close.
That said, he's doing a great service for his country by exposing Obama.
Thanks for posting this as it explains why a Nordyke-style black background microfiche copy of the contemporaneous vital record isn't good enough for the Feds. Too much high-quality imaging software out there for counterfeits.
What this statute is describing is a safety paper enhancement of the previous FRE 902 “hearsay exception.” IIRC it is a hearsay exception to allow a certified public vital record, like a BC, to be “self-authenticating.”
FRE:
Rule 902. Self-authentication
Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
(1) Domestic public documents under seal. A document bearing a seal purporting to be that of the United States, or of any State, district, Commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.
(2) Domestic public documents not under seal. A document purporting to bear the signature in the official capacity of an officer or employee of any entity included in paragraph (1) hereof, having no seal, if a public officer having a seal and having official duties in the district or political subdivision of the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine.
(4) Certified copies of public records. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with paragraph (1), (2), or (3) of this rule or complying with any Act of Congress or rule prescribed by the Supreme Court pursuant to statutory authority.
Source: http://www.law.cornell.edu/rules/fre/rules.htm
A Hawaii official doesn't have to show up at the state department or court to testify that the COLB is authentic. The seal and signature stamp of the registrar is sufficient for government purposes for most citizens.
In Obama’s case, self-authenticating means that if there was a court hearing the custodian of the records wouldn't have to show up in court to testify that the data on the computer printed 2007 COLB correctly matches the underlying 1961 long form BC from which the computer image was derived.
But the presumption of self-authentication is only prima facie (at first look) and can be challenged. A request to the court for discovery of the “best evidence” underlying 1961 underlying vital records could be made to a judge based on other evidence which could justify such a request, such as the founder's intent that a candidate for POTUS be held to the highest NBC standard or evidence that Obama was not born in Hawaii or that his birth circumstances were not properly reported to HI officials in 1961.
Whatever the NBC standard is (not yet ruled on by SCOTUS, IMO) it is higher than that of an ordinary citizen which could justify discovery of Obama’s "best evidence" 1961 vital records.
“I’m afraid that Trump doesn’t pass the smell test for consideration by conservatives and right-thinking Republicans. Not even close.”
I don’t trust Trump at this point. If he wants to declare and run and go through the debates with everyone else and put out his agenda then I will take a closer look at him. I would like a more conservative candidate like Bachmann or Cain but we have to win in 2012. Losing is not an option. I will in the end vote for whoever I think can actually win and get rid of Barry. So far Trump is doing us all a favor hammering away at the BC issue. I’m not going to trash him while he’s attacking BHO.
I've read enough documented information about Trump right here on Free Republic, to feel my due diligence on him is complete.
I'm not going to give my vote to someone who gave Rahm Emanuel $50,000 for his Chicago mayoral campaign just months ago. And that's just the tip of the iceberg.
Frankly, I hope he never declares, and simply knocks Obama's lights out for the next couple of months. He's a hero in my book for doing that, but I won't support him for president.
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