Friday, December 05, 2008

Creative Lawyering

While I was sitting in the library today learning the rules of Evidence, there was a candlelight vigil and protest outside the Supreme Court led by nutjobs who say that Barack Obama is not eligible to be President because he is not a natural born citizen.

Their evidence? "[T]hat a 2007 state of Hawaii reproduction of Obama's birth certification is forged, and that Obama's paternal Kenyan step-grandmother Sarah was in the room when he was born. . . .that a mysterious Muslim imam blessed Obama's birth in Kenya, and that this fact would eventually be revealed, somehow." (DCist) Yeah, what did those federal rules say about reliable evidence?

The funny thing is that the case that the Supreme Court is deciding whether to take is not about where Obama was born. Rather, it's about whether you are a natural born citizen if one of your parents is not. In this case, Obama's father was a Kenyan citizen, which according to the claim, makes Obama a dual citizen. (See WSJ)

While I still think the claim is ridiculous and I doubt that the Court won't grant cert, the Petitioners get points for creativity and at least their claim has an iota of legal interpretation debate, as opposed to the he-said, she-said question of fact claims that simply argue that Obama was born in another country.

Crazy claims arose during the Bush administration, now I cannot wait to see what comes up against Obama- considering that people still think he's Muslim and will be sworn in on the Koran. This is what happens when conspiracy theorists get lawyers.

[picture courtesy of dcist]

1 comment:

Ted said...

Seems the Supreme Court is waiting to hear from me before issuing a decision on Donofrio, so here goes: While the Court is more than loathe to enter this dispute, currently it has no choice (thanks to the audacious one — and I don’t mean Leo, I mean Barack) and the ONLY WAY to bring closure, knowing CLOSURE IS ABSOLUTELY ESSENTIAL before any Presidential inauguration, is to back the original intent of the Constitution, meaning, Obama is NOT an Article II “natural born citizen” (albeit Obama may or may not be a “citizen”, a question heated by the steadfast refusal of the DNC or any of the Secretaries of State to require his birth certificate, which the Court will now not have to confront).