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To: autumnraine

No the fix is not in:

http://www.thebulletin.us/site/news.cfm?newsid=20210273

Mr. Vieira explained although legal standing is difficult to get around in Federal courts, the document could be produced in any criminal cases stemming from legislation passed in the Obama administration.

“Let’s assume that an Obama administration passes some of these controversial pieces of legislation he has been promising to go for, like the FOCA (Freedom of Choice) Act,” said Mr. Vieira. “I would assume that some of those surely will have some severe civil or criminal penalties attached to them for violation. You are now the criminal defendant under this statute, which was passed by an Obama Congress and signed by President Obama. Your defense is that is not a statute because Mr. Obama is not the president. You now have a right and I have never heard this challenged, to subpoena in a criminal case, anyone who has relevant evidence relating to your defenses. And you can subpoena them duces tecum, meaning ‘you shall bring with you the documents.’ “

Such a criminal defense would enable the defendant to subpoena any person to testify in court and any person to bring evidence in their possession to the court.

Further, records could be subpoenaed directly, in the case of a birth certificate. Once the record could be subpoenaed, the birth certificate could be examined by forensic experts, who would then be able to testify to the document’s veracity as expert witnesses. Any movement by the judges to make a special exception to the president in a criminal case would hurt the legitimacy of that presidential administration.

“I can’t believe I’m the only lawyer who would think of this,” said Mr. Vieira. “I think any criminal lawyer defending against one of these politically charged statutes is going to come up with this. That means it will never go away until that document is laid down on the table and people say, ‘yes, there it is.’ And therefore they’re caught. If people keep challenging this and the judges out of fear keep saying ‘no, go to jail, go to jail, go to jail’ then that’s the end of the Obama administration’s legitimacy. On the other hand if they open the file and it’s not there, then that’s really the end of the administration’s legitimacy.”


19 posted on 12/01/2008 12:58:17 PM PST by Frantzie
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To: Frantzie

Mr. Vieira wonders who knows the truth about the birth certificate and might have blackmail in mind. I was just wondering the same thing, not from the point of view of blackmail but just potential leaks. Surely there must be a few outside the Obama family? Just like there may well be living people who know the truth about Vince Foster and have yet to be heard from.


38 posted on 12/01/2008 1:03:50 PM PST by 19th LA Inf
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To: Frantzie

clever! but maybe they would find reasons to dismiss the case.

or do something worse if the constitution is truly out the window.


77 posted on 12/01/2008 1:14:17 PM PST by cvq3842
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To: Frantzie
While it may yet come to that, it would also cause major disruptions. Suppose that after inaguration day, one of these cases determines that Mr. Obama (He's no longer a Senator, having resigned) is not eligible. Then what? You expect the House, headed by Nancy Pelosi, to impeach him, and the Senate, headed by Dingy Harrry Reid, to convict and remove him from office? I don't.

Then All Hell Breaks Loose (the disruptions I mentioned above).

175 posted on 12/01/2008 3:21:27 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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