Birther Movement Suing to Have President Obama Removed from Fla. Ballot

It's a debate that continues to rage among right-wing political circles - is President Obama's birth certificate the real thing and is he qualified to live in the White House?

The president says 'yes'.

"We're not going to be able to solve our problems if we get distracted by sideshows and carnival barkers."

But his critics say they don't buy it, and they're suing to kick him off the Florida ballot.

"This is a political hot potato."

In a hearing Monday, attorney Larry Klayman told a judge Obama's birth certificate isn't the only issue. The president's father, Barack Obama Senior, was never an American citizen.

Klayman says that fact alone means the president isn't a 'natural born citizen' and, under the constitution, can't run for re-election.

"The framers wanted a situation where the president, in terms of his background, in terms of his links to the United States, wanted someone who was born in this territory to two citizen parents," Klayman said.

Obama lawyer Mark Herron calls that ridiculous. He says nowhere in the constitution does it say a 'natural born citizen' has to have American-born parents.

"Those statements conflict with the United States Supreme Court opinions, as well as other opinions of other courts who have considered this issue," Herron said.

Until now, the birther movement's been nothing more than political theater, but with the lawsuit, Florida's 29 electoral votes could be on the line, and with them, the outcome of the November election.

That's a fact not lost on Erin Sullivan. She traveled all the way from Manatee County to witness the hearing.

"His father was not an American Citizen, not at any time," she said. "It's not even a question of whether it was after he was born. He was never an American citizen, and Mr. Obama's not qualified to be president of the United States."

If the lawsuit winds up going to trial, we may hear from some controversial figures, including an outspoken Arizona sheriff who's formed what he calls a 'cold case posse' to look at Obama's birth certificate. The posse's finding - it's a fraud.

It's now up to Leon County Circuit Judge Terry Lewis to rule on whether there's enough evidence to send the birther lawsuit to trial. That decision could come as early as this week.

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