Birthers have tried every trick in the book to get a court to rule on the authenticity of Barack Obama’s birth certificate, without much success. A prime reason for the failure is that plaintiffs don’t have standing or they are trying to force a third party to determine authenticity when it’s not their responsibility. Orly Taitz has a new approach.
In the lawsuit styled Taitz v. Mississippi Democrat Party, attorneys Samuel Begley and Scott Tepper submitted copies of Barack Obama’s long and short form birth certificates in their “Motion to Dismiss on the Pleadings,” providing the court with readable copies in response to Taitz’s unreadable copies, and saying (emphasis added):
The Plaintiffs’ claim that President Obama is ineligible because of purportedly “invalid” “identification papers” is frivolous. The Plaintiffs have failed to even claim, or provide any factual allegations to support such a claim, that President Obama was not born in the United States. Moreover, the Court should take judicial notice of the fact that the State of Hawaii has fully verified that President Obama was born in Hawaii, as evidenced by the Hawaii Department of Health press release dated July 27, 2009, in which the Director states that he has seen the original vital records maintained on President Obama, confirming that he was born in Hawaii as a natural born citizen, and the press release dated April 27, 2011, in which the Director stated that she had seen the original birth records of President Obama, and thus attested to the authenticity of the certified copies of the long form birth certificate the Department provided to the President, that further proves the fact that President Obama was born in Hawaii.
Taitz claims that Begley and Tepper knew better than to represent the birth certificates attached to their Motion as authentic because she had provided them with evidence to the contrary. Taitz wants SANCTIONS for fraud! So now there is a substantive argument: did Begley and Tepper knowingly present fraudulent documents to the court? Taitz says:
Begley and Tepper requested for such forgeries to be accepted by the court for a judicial notice and ruling on the pleadings.
Actually, what Begley and Tepper asked the court to take notice of were the public press releases from the Hawaii Department of Health, not the birth certificates.
In any case, the Mississippi Democratic Party Executive Committee has moved to strike the entire sanctions motion with all its exhibits because it contains unredacted social-security numbers. Begley and Tepper take some time pointing out previous instances where courts have taken Taitz to task for this infraction of the Federal Rules of Civil Procedure, 5.2(a).