From NBC's Domenico Montanaro
Virginia Attorney General Ken Cuccinelli is recorded by the Virginia blog "Not Larry Sabato" as appearing to try to find a legal way to contest President Obama's citizenship.
Cuccinelli's office has not yet returned a phone message and e-mail seeking a response. *** UPDATE *** Cuccinelli's office sends along this response to First Read in Cuccinelli's name:
"I absolutely believe that President Obama was born in the United States. I don't buy into the claims that he wasn't. On the recording, I was asked a hypothetical legal question, and I gave a hypothetical legal answer in response.
"As I said previously, this issue was not a part of my campaign, and it is not part of what I am doing now as attorney general.
(Hat tip: Ben Smith.)
Here's what Cuccinelli says, per the audio: (transcript after the jump)
QUESTIONER: Um, what can we do about Obama and the birth certificate thing, 'cause that's--?
CUCCINELLI: It'll get tested in my view when he signs a law and someone is convicted of violating it, and one of their defenses will be it's not a law if someone qualified to be president isn't signing it.
QUESTIONER: Is that something you can do as attorney general, can you like-, can you do that or something?
CUCCINELLI: Well, only if there's a conflict where we're suing the federal government for a law they've passed. So it's possible.
QUESTIONER: Cause we're talking about the possibility he was not born in America.
CUCCINELLI: Right, but at the same time, under Rule 11, federal Rule 11, we gotta have proof of it.
QUESTIONER: How can we get proof? [laughing]
CUCCINELLI: Well, that's a good question -- not one that I've thought a lot about, cause it hasn't been a part of my campaign. But someone's going to have to come forward with nailed-down testimony that he was born in Place B, wherever that is. The speculation is Kenya.
CUCCINELLI: And that doesn't seem beyond the realm of possibility.