From Dr. Orly:
Wednesday, December 31, 2008
OBAMA HAS NOT MET HIS BURDEN OF PROVING HE WAS BORN IN HAWAII
By now, many of us know about the Certification of Live Birth (COLB) that Obama posted on the internet in June 2008 as proof that he was born in Hawaii. This document was touted by fightthesmears.com and factcheck.org as sufficient proof that he was born in Hawaii. Later on we learned about Hawaiian law in effect at the time of Obama's birth that allowed parents or guardians of babies born in a foreign country to register the foreign births in Hawaii and to receive a COLB as evidence of that registration. We also learned that only the original Certificate of Live Birth (BC), issued by the birth hospital, provides, among other things, the name of the hospital where a baby was born and the name of the attending physician that delivered the baby. We learned that the Department of Hawaiian Home Lands (a state agency that happens to detail the difference) states:
In order to process your application, DHHL utilizes information that is found only on the original Certificate of Live Birth, which is either black or green. This is a more complete record of your birth than the Certification of Live Birth (a computer-generated printout). Submitting the original Certificate of Live Birth will save you time and money since the computer-generated Certification requires additional verification by DHHL.
After learning this information many concerned Americans had doubts about whether the COLB was sufficient proof that Obama was in fact born in Hawaii. But apart from the lax Hawaii law, there is another important point to understand about the COLB.
If one reads the document, one will see that at the bottom it states: "This copy serves as prima facie evidence of the fact of birth in any court proceeding."
The important words here are "prima facie evidence." "Prima facie" is a Latin phrase meaning "on its first appearance" or "by first instance." It is evidence which is adequate, if not invalidated, to confirm a particular intention or fact. It is evidence that is sufficient to raise a presumption of fact or to establish the fact in question unless rebutted. A prima facie case may be insufficient to enable a party to prevail if the opposing party introduces contradictory evidence. In other words, it basically means that on the face of it or on the surface there is enough evidence to prove the alleged fact, unless and until the alleged fact is contradicted...Continue Reading
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