Obama faces new court appeal over claims birth certificate is 'doctored or fake'By Daily Mail Reporter
- Certificate printed on wrong colour paper, claim 'birthers'
- Appeal faces legal hurdles and fresh tide of public support for Obama
Despite the president providing the the full long-form document last week, the 'birthers' - fronted by Donald Trump - have taken their case to a federal appeals court in Southern California.
They claim the birth certificate had been doctored; that the document's serial number was out of sequence, the typing wasn't aligned, and it was printed on green paper instead of white paper like other Hawaiian birth records of that era.
But it was unclear how far their arguments would go, given the previous failed lawsuits on the issue and concern from the court about whether the latest claim was filed too late to be considered.
Not again: Despite producing his birth certificate, President Barack Obama is being challenged by the 'birther' movement which has taken its case to the appeals court in California
Wrong colour: The birthers claim that the paper on which the certificate is printed is the wrong colour - proof that it is faked or doctored
Obama's production of the vital record was aimed at quashing any lingering doubt among critics who contend he shouldn't have been elected because he couldn't prove he was a U.S. citizen - a prerequisite for the nation's highest office.
But it has not deterred Orly Taitz, an lawyer at the forefront of the birther movement.
On Monday, Taitz told a three-judge panel of the ninth Circuit Court of Appeals that the long-form birth certificate released by Obama is 'not a true and correct image.'
'It's very inventive computer art,' she said.
Taitz and attorney Gary Kreep, on behalf of more than 40 plaintiffs, are seeking to revive a lawsuit challenging Obama's citizenship that was dismissed by U.S. District Judge David Carter in late 2009.
They asked the panel to remand the case to Judge Carter in Orange County.
Judge Carter dismissed the case on the grounds that the federal court system was not the proper venue to challenge a president's election.
Non believers: Potential presidential candidate Donald Trump has tried to make great play out of the issue but he has been mocked by Obama in recent weeks - yet the 'birthers' are still pursuing their case
The appeals panel seemed to agree, wondering how the lawsuit could have merit, given that it was filed after the election and after Obama had already taken office.
'You did not file a claim at the time when the kind of relief you would be talking about might be plausible,' said Judge Raymond Fisher.
'It doesn't do anything for your candidates now.'
It isn't yet known when the judges will rule on the case.
Obama had released a standard short form of his birth certificate before he was elected in 2008.
EnlargeHe produced his full birth certificate last week amid growing doubts about his birth in the U.S. after a New York Times-CBS News poll found that 45 per cent of adult Republicans said they believed he was born in another country or weren't sure.
Supplementary evidence: The White House also released correspondence from the state of Hawaii certifying the birth certificate
In releasing the document, Obama said he hoped the nation could focus on more serious issues.
Donald Trump, who has considered a presidential bid in 2012, took credit for forcing the president's hand.
Taitz said she believes the birth record was falsified and said she wants to travel to Hawaii with a forensic expect to look at Obama's records.
Both Taitz and Kreep have been unable to convince courts around the nation that their lawsuits have any merit.
Among their arguments are claims that Obama may have dual citizenship and that he allegedly used multiple Social Security numbers.
Taitz was ordered by a federal judge in Georgia two years ago to pay a $20,000 fine, calling her lawsuit against the president frivolous and the litigation an attempt to misuse the court system to push a political agenda.
Taitz sued in Georgia federal court on behalf of Army Capt. Connie Rhodes, who sought to avoid deployment to Iraq by claiming Obama wasn't born in the U.S.
Other plaintiffs in the case include conservative activist Alan Keyes, libertarian vice presidential write-in candidate Gail Lightfoot and other members of the military.
Assistant U.S. Attorney David DeJute acknowledged the courts may be the proper venue had a lawsuit challenging a candidate's citizenship been filed before an election.
'I think a candidate can challenge the qualification of another candidate, assuming of course that candidate does so in a timely manner,' said DeJute.
For the birther movement, the Ninth Circuit appeal is a difficult platform in which to make its argument.
Not only are plaintiffs arguing before one of the nation's more liberal courts, they face bad timing with the recent release of Obama's birth certificate and the announcement that terrorist Osama Bin Laden was killed by U.S. forces, which gives Obama political strength.
New hurdle: As well as the existing legal problems with the 'birthers' case, it now also faces a wave of popular support for Obama following the death of Osama Bin Laden
Kreep said the case is unprecedented and shouldn't be taken lightly by Obama or the courts.
'We have a man who, whether it's true or not, arguably is not a citizen or at least a naturally born citizen of the United States and is not eligible to serve,' said Kreep.
'The only recourse for the people is the courts.'