Stathol wrote:
I agree. That's why we have this thing in a legal system called "discovery". And here's the legal catch-22 that you're championing -- you don't get go through discovery at all if the judge simply refuses to hear the case based on standing.
Exactly. You need to actually have a reasonable claim before you can get to that point. No one has a reasonable claim. There is no credible evidence to show that there could be a conspiracy to defraud the American public about his birth. None. If there was, a warrant could be issued for his arrest, search warrants could be issued, subpoenas, etc.
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No, he is not guilty until proven innocent, and no he has not abdicated his right to due process. Due process and discovery is all that's being asked for, here.
That is not true at all. Due process is what is killing these frivolous lawsuits. They go to court, they show that they have no credible evidence, and that they have no standing to sue, and they are tossed out on their ear.
Due process is what is at work here. It's not being denied.
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That said, in accepting the office of the president, a candidate is proclaiming that (s)he meets the eligibility requirements.
Which he proved. He provided his certificate of live birth, his Social Security number, and that's enough. He was of age and born in the United States of America.
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As such, it is their burden of proof to establish the veracity of their own claims.
Which he did.
Orly Taitz claims that the President *lied* about where he was born, and that he was born in Kenya. That is an entirely new accusation and must be backed up with evidence, evidence she has never been able to provide.
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Because the important point in all of this that you seem to be missing is that by the precedent being established by these courts, he was not obligated to do even that.
That isn't the precedent being established by the courts. The courts are judging based on past legal prescedent that the plaintiffs 1) have no standing to sue and 2) have no credible evidence to base their accusations on.
This is not a dangerous prescedent. It is a foundation of our law and how it works. These precedents do not deny the citizens the right to challenge something like this entirely, however, citizens still have to have credible evidence to back up their claims and they need to be able to have standing, like in any other court case.
This is due process.
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So even if it's all a moot point for Obama in particular, surely you can see why this is a bad precedent at least for future hypothetical presidential candidates. I think you're being entirely myopic on the issue because the litmus test happens to be Obama.
This is a fine precedent. It's been around for a very long time. If you lack credible evidence, your case gets tossed. If you lack standing, your case gets tossed.
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It feels like all the people who want limited government really just want government limited to Republicans.
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