“Even the Obots over at Fogbow say over and over that Obama’s attorney should just show up with one of the two alleged “self-authenticating LFBC’s next Thursday and the hearing would be over.”
An attorney needs a witness to submit evidence for admission to the record. For example, the Judge reads the case file number and ask representatives of the parties to introduce themselves for the record. The Judge then says, “Call your first witness.”
I’ve seen posts indicating Obama’s attorney could use the Georgia Democratic Chairman to submit the certified copy of Obama’s COLB, but that calls into question the chain of custody. How did he obtain it? How did he preserve it? Who’s had access to it? In this case, it would probably be disallowed as hearsay.
The only viable way to have a certified copy of Obama’s COLB submitted as evidence is to call Obama as a witness and have him produced it for the Court’s consideration. If admitted, Obama’s attorney could ask Obama how he obtained it. Who’s had access to it? How has he preserved it?
Of course, opposing Counsel would have the opportunity to cross-examine the witness and impeach the evidence through his sworn testimony.
Is this a certified copy of the only birth record you’ve requested from the Hawai’i DoH?
Can you describe the certified copy of any other birth record you’ve requested and received from Hawai’i DoH?
Does the certified copy of the birth record you’ve submitted to the Court as evidence have signatures of witness(es) who attested to your birth?
Did the certified copy of the “long form” you’ve requested have witness(es) who signed statements attesting to the act of your birth?
Why have those witness(es) withdrawn their signatures and attestation from your current birth record?
etc ....
Obama won’t show and his lawyer can’t introduce evidence of his birth certificate without him or a Hawai’i official to submit it.
Dad has said all along he won’t show. The MSM will not cover the results even if the judge denies him a place on the ballot.
I'm not an attorney, but IIRC under the Federal Rules of Evidence no witness is needed to introduce a “self-authenticating document” such as a United States state vital record that is properly certified with a seal and signed.
Such a certified record is presumed to be prima facie (on its face) valid...but can be contested if sufficient cause is presented to the judge.
See:
http://www.law.cornell.edu/rules/fre/rule_902
“Rule 902. Evidence That Is Self-Authenticating
“The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted:
“(1) Domestic Public Documents That Are Sealed and Signed. A document that bears:
“(A) a seal purporting to be that of the United States; any state, district, commonwealth, territory, or insular possession of the United States; the former Panama Canal Zone; the Trust Territory of the Pacific Islands; a political subdivision of any of these entities; or a department, agency, or officer of any entity named above; and
“(B) a signature purporting to be an execution or attestation.”
Orly keeps trying to do this but doesn't seem to know how. At times she seems to think she is in criminal court where the defendant is entitled to a much higher threshold of proof than preponderance of the evidence that you have in a civil proceeding.
If I wanted to submit evidence can I submit it in an affidavit that Orly then presents?
Does an amicus brief contain evidence, or does it just make an argument?
If we’re talking about an affidavit, I’d just need to know how GA requires it to be formatted and submitted, etc. That’s exactly what I need a GA attorney for.