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To: Brytani; Wally_Kalbacken
Brytani asked "How does the use of a website by Orly diminish her cause while the use of a website by Obama’s defense team strengthen their case?

First, I'm not sure that's an accurate statement. I just re-read the DOJ's Motion to Dismiss and two replies in Barnett and can't find any mention of the COLB. I checked the docs in Kerchner and couldn't find mention of it there either.

However, I do seem to recall it being mentioned somewhere - but the difference is that, unlike Orly, neither Obama's attorneys nor the DOJ have ever submitted the COLB as evidence that he was born in the United States. If I recall correctly, a passing mention was made that he'd posted a copy of his COLB on his campaign website. That's it. In contrast, Orly submits copies of stuff downloaded from the internet and/or emailed to her -- as EVIDENCE -- without authenticating it at all. That's a huge, big difference.

I also question why judges; who have dismissed eligibility cases from various lawyers, have referenced “fight the smears” or other websites as a reason for dismissal.

That has not happened - in any state or federal court. Judges have mentioned it in passing too. They have never relied upon that information to support their holding. All the holdings have been based on whether the court has jurisdiction - and the facts surrounding Obama's birth have no impact on that question.

Btw...I’m not being a smart ass asking this question, I’ve wondered for a while why so many people object to Orly using websites in her briefs when Obama’s team does the exact same thing.

They're good questions, I think. The upshot is that it is NOT the "exact" same thing - at all. The situations are completely different: Asking a court to accept a website as EVIDENCE is not at all the same thing as mentioning something as background/context.
43 posted on 12/04/2009 9:56:01 AM PST by Sibre Fan
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To: Sibre Fan
Asking a court to accept a website as EVIDENCE is not at all the same thing as mentioning something as background/context.

Yes. I think the Obama defense attorney(s) mentioned the website in a footnote.

63 posted on 12/04/2009 11:40:22 AM PST by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: Sibre Fan

I’m pretty sure when Mario Apuzzo’s case was thrown out the judge cited online sources in the dismissal. I can search Scribbed and see if I can find the case. The one I’m specifically speaking of is where the judge fined Apuzzo and threatened further sanctions if he continued to file frivolous suits.

There have been so many cases it’s hard to keep them all straight - like I said, I’ll search Scribbed to see what I can find plus I can go onto Pacer if needed.

I am absolutely positive websites have been cited from parties other than Taitz.

You’re 100% right that there is a huge difference between citing a website and introducing it into evidence. That is actually one of the reasons I get so infuriated by Obama and his supporters; they constantly point to a .jpg on a website as “proof” Obama is a US citizen.

While that “evidence” would never hold up in a court of law, some consider it as rock solid evidence of Obama’s eligibility while others, including me, find their “evidence” opens up more questions then answers and it is only proves that Obama will not provide authentic, certified documents that would prove his eligibility.


64 posted on 12/04/2009 11:41:42 AM PST by Brytani (Support Lt. Col Allen West for Congress - www.allenwestforcongress.com)
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