Friday, December 5, 2008

Obama Fomenting A Constitutional Crisis: Constitutional Lawyer Discusses Ramifications Of Controversy

By John P. Connolly, The Bulletin
12/01/2008

Mr. Vieira said Obama supporters should be the ones concerned about the case, because Mr. Obama's platform would be discredited it he were forced to step down from the presidency later due to his ineligibility, were it to be discovered.
Edwin Vieira, a constitutional lawyer who has practiced for 30 years and holds four degrees from Harvard, said if it were to be discovered Mr. Obama were not eligible for the presidency, it would cause many problems. They would be compounded if his ineligibility were discovered after he had been in office for a period of time.

"Let's say we go a year into this process, and it all turns out to be a flim-flam," said Mr. Vieira. "What's the nation's reaction to that? What's going to be the reaction in the next U.S. election? God knows. It has almost revolutionary consequences, if you think about it."

Mr. Vieira said Mr. Obama's continued silence and avoidance in the release of his birth certificate is an ethical issue because of the dire consequences that could be caused by a possible constitutional crisis.

"If he were my client and this question came up in civil litigation, if there was some reason that his birth status was relevant and the other side wanted him to produce the thing and he said 'no,' I would tell him, 'you have about 15 minutes to produce it or sign the papers necessary to produce the document, or I'm resigning as your attorney,"
said Mr. Vieira. "I don't think any ethical attorney would go ahead on the basis that his client could produce an objective document in civil litigation [and refused to do so]."

Further, Mr. Vieira cited a fraud ruling in a 1977 case called U.S. v. Prudden, which he feels applies in this case.

"Silence can only be equated with fraud when there is a legal and moral duty to speak or when an inquiry left unanswered would be intentionally misleading," the ruling reads. "We cannot condone this shocking conduct ... If that is the case we hope our message is clear. This sort of deception will not be tolerated and if this is routine it should be corrected immediately."

Mr. Vieira said such an ethical question of representing a client who refused to produce such a basic document is important, even in a small civil case. The current question is concerning the man who potentially could have his finger next to the nuclear button. FULL STORY.

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