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Cornell law professor William Jacobsen and Catholic University law professor Sarah Dugin support my position. Can someone get their phone numbers and check if they would write Amicus Curiae in support of my case, which will be heard in conference by all 9 Supreme Court judges on January 7

Posted on | December 29, 2010 | No Comments

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Cornell Law Professor: “Obama’s strategy of concealing the records and dismissing the ‘Birthers’ as cranks is not working”

Wednesday, December 29, 2010 10:47 AM
From:
“David LaRocque”
Message contains attachments
1 File (111KB)
“It…seems that the supposed intellectual poles have been reversed. People
who supposedly are irrational and driven by hatred demand to see the
evidence.  People who supposedly are rational and driven by dispassionate
intellect demand that the evidence not be seen…
Obama’s strategy of concealing the records and dismissing the “Birthers” as
cranks is not working in the longer term…
There are enormous risks for anyone intellectually honest enough to wonder
why merely asking questions or seeking the truth constitutes a punishable
offense…
How is it that have we reached the point that the most vociferous opponents
of Obama want the same evidence that Obama’s most vociferous defender, the
Governor of Hawaii, wants? ”
Professor William A. Jacobson
December 29, 2010
http://legalinsurrection.blogspot.com/

*********************************************************************
The Bizarre “Birther” Intellectual Dance
<http://legalinsurrection.blogspot.com/2010/12/bizarre-birther-intellectual-
dance.html> 

William A. Jacobson, Associate Clinical Professor, Cornell Law School
December 29, 2010

There is a bizarre intellectual dance taking place around the topic of
Barack Obama’s birthplace. 

The world has been artificially divided into “Birthers” and “anti-Birthers”
when in fact I suspect a large percentage or even majority of the population
is neither, and simply wants all the evidence released so that we can move
beyond the issue.  For most people, who have had to show their own birth
certificates at various points in their lives, the notion that a
presidential candidate should release his or her birth certificate to prove
qualification for office reflects neither pro- nor anti-Obama sentiment, but
a “what’s the big deal?” attitude.

It also seems that the supposed intellectual poles have been reversed.

People who supposedly are irrational and driven by hatred demand to see the
evidence.  People who supposedly are rational and driven by dispassionate
intellect demand that the evidence not be seen.

Isn’t this the exact opposite of what should take place?  Or have the labels
been misapplied?

We can push and probe as to George W. Bush’s military record even though
most of the claims made clearly were crank and politically motivated (and
based on forged documents).  We can lament that 35% of Democrats
<http://www.rasmussenreports.com/public_content/politics/current_events/bush
_administration/22_believe_bush_knew_about_9_11_attacks_in_advance>  as of
May 2007 still believed George W. Bush knew of the 9/11 attacks in advance,
or that Truthers
<http://legalinsurrection.blogspot.com/2009/09/van-jones-and-truthers-are-ma
instream.html>  still claim 9/11 was an inside government job, even though
we have had commissions and investigations which prove otherwise.

We can deal with accusations of John McCain’s alleged misconduct
<http://www.phoenixnewtimes.com/1999-03-25/news/is-john-mccain-a-war-hero/>
during imprisonment even though such suggestions were beyond the pale, and
also questions as to whether McCain’s birth in the Panama Canal Zone
<http://www.washingtonpost.com/wp-dyn/content/article/2008/05/01/AR200805010
3224.html>  disqualified him from the highest office in the land:
The Senate has unanimously declared John McCain a natural-born citizen,
eligible to be president of the United States….

But Sarah H. Duggin, an associate law professor at Catholic University who
has studied the “natural born” issue in detail, said the question is “not so
simple.” While she said McCain would probably prevail in a determined legal
challenge to his eligibility to be president, she added that the matter can
be fully resolved only by a constitutional amendment or a Supreme Court
decision.

“The Constitution is ambiguous,” Duggin said. “The McCain side has some
really good arguments, but ultimately there has never been any real
resolution of this issue. Congress cannot legislatively change the meaning
of the Constitution.”

And when we confront crank and politically motivated theories, we do so with
the best evidence we have available.  And if we don’t have all the evidence,
we go out and get it.

We regularly rebut and rebuke crank theories with evidence, and by pointing
out the lack of evidence to support the theory.  We don’t do what so many
pundits are doing, and saying thing such as “oh, well even if we release the
evidence, they won’t believe it.”

Yes, it’s true that die-hard conspiracy theorists never will be convinced,
but that doesn’t mean we don’t try to convince the large segment of the
population which will be convinced.

Why isn’t everyone who believes the “Birthers” to be driven by hatred and
racism, and motivated by politics, doing what Obama’s family friend and the
new Democratic Governor of Hawaii wants to do
<http://legalinsurrection.blogspot.com/2010/12/so-anti-birther-hawaii-govern
or-is.html> , rebut and rebuke with the best evidence?

I think a large part of this is the fear of being labeled a “Birther,” which
is the functional equivalent of being called a “racist” by the mainstream
media and by organizations such as Media Matters, Think Progress and their
progeny.  As I have pointed out before, you don’t need to doubt Obama’s
birthplace or eligibility to be labeled a “Birther”; just ask Scott Brown
<http://legalinsurrection.blogspot.com/2010/01/coakley-supporters-fabricate-
birther.html> .

We have reached the point that merely expressing normal political and legal
inquisitiveness will result in a charge of Birtherism or racism because it
now involves Barack Obama, even though similar questions as to John McCain’s
eligibility for office were raised in the 2008 election cycle.

I repeat, whiter-than-white John McCain had his eligibility questioned
because of his birthplace, so how is it necessarily racist that the same
thing takes place as to Barack Obama?  The racist charge is just a way of
shutting down the conversation, a convenient excuse for epistemic closure
<http://legalinsurrection.blogspot.com/2010/05/saturday-night-card-game-joan
-walshs.html> .

As I’ve posted before
<http://legalinsurrection.blogspot.com/2009/07/swift-birthers.html> , I
think the circumstantial evidence supports the view that Obama was born in
Hawaii, and there is no credible evidence otherwise.  But to reach this
conclusion, the one thing neither I nor anyone else can honestly say is that
all the evidence has been reviewed.

And personally, I’d love for the records to be released and show that Obama
was born in Hawaii, so as to put this politically losing issue behind us.
I’d much rather focus politically on Obama’s destruction of the health care
system and bankrupting of the country, than be drawn into the birthplace
dance.

But I also have pointed out that Obama’s strategy of concealing the records
and dismissing the “Birthers” as cranks is not working
<http://legalinsurrection.blogspot.com/2010/08/obamas-birther-strategy-has-b
ackfired.html>  in the longer term.  While the charge of Birtherism can be
used by Democrats to shape the political landscape, polling shows that there
is a substantial segment of the population which doubts Obama’s legitimacy
<http://legalinsurrection.blogspot.com/2010/12/obamas-bad-numbers-are-real-h
eadline.html> . 

Instead of evidence and inquiry, we have this bizarre intellectual dance,
driven by fear of being labeled a Birther or racist, in which otherwise
curious reporters, bloggers and pundits try to out-do each other in
proclaiming that they do not want to know what the best evidence shows.  In
order to prove that one is not a “Birther,” is seems that pledging
allegiance to the “anti-Birther” movement is required.

Thus, it is not surprising that even people — like me — who believe Obama
was born in Hawaii are afraid to touch this subject. Trust me, every time I
do a post on this topic I am extremely careful because I know there are
people out there just waiting to twist my words and take things out of
context.

There are enormous risks for anyone intellectually honest enough to wonder
why merely asking questions or seeking the truth constitutes a punishable
offense.

How is it that have we reached the point that the most vociferous opponents
of Obama want the same evidence that Obama’s most vociferous defender, the
Governor of Hawaii, wants? 

And how is it that these opposites who are attracted to the same thing
cannot seem to get what they want?

Update:  Trending, Chris Matthews, David Corn and Clarence Page all say put
the issue to rest and release the original birth certificate (h/t HotAir
<http://hotair.com/archives/2010/12/27/chris-matthews-and-liberal-panelists-
wheres-the-birth-certificate/> ):

http://legalinsurrection.blogspot.com/

http://www.newsmax.com/InsideCover/Obama-birth-certificate-Matthews/2010/12/
29/id/381362?s=al&promo_code=B604-1

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