Sorry, but this is nonsense. One way to file a motion to dismiss is called "Motion to dismiss based upon documentary evidence" where the documentary evidence "establishes a defense to the asserted claims as a matter of law." In one of Obama's cases, his defense advised judicial notice of the factlack dot org website, which is odd because they could have submitted the actual birth certificate as an exhibit.
When Senator McCain and the Republican National Committee were sued on the grounds that John McCain’s birth in Panama made him ineligible, neither lawyers representing Senator McCain nor the Republican Party submitted his birth certificate to the Court.
McCain's birth certificate was irrelevant to the motion because Hollander's complaint was that McCain was not an NBC regardless of whether he was born in Colon Hospital or at the hospital on the submarine base. This is different than Obama's sitatution because his place of birth would make a difference while McCain's would not.
Sorry, but this is nonsense. One way to file a motion to dismiss is called “Motion to dismiss based upon documentary evidence” where the documentary evidence “establishes a defense to the asserted claims as a matter of law.” In one of Obama’s cases, his defense advised judicial notice of the factlack dot org website, which is odd because they could have submitted the actual birth certificate as an exhibit.
“McCain’s birth certificate was irrelevant to the motion because Hollander’s complaint was that McCain was not an NBC regardless of whether he was born in Colon Hospital or at the hospital on the submarine base. This is different than Obama’s sitatution because his place of birth would make a difference while McCain’s would not.”
The fact remains that McCain and the RNC did not submit a birth certificate in evidence in Hollander v McCain. They too went for a motion to dismiss for lack of standing.
Why play a high hole card on the first round of betting?