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Title: Judge says ... Obama can be on --- Georgia ballot
Source:
wnd.com
URL Source: http://www.wnd.com/2012/02/judge-sa ... bama-can-be-on-georgia-ballot/
Published: Feb 3, 2012
Author: Bob Unruh
Post Date: 2012-02-03 19:31:00 by BorisY
Keywords: kicking the can, kicking the can, kicking the can
Views: 12449
Comments: 35
Judge says Obama can be on Georgia ballot Rejects plaintiffs demand to strike name from 2012 election by Bob Unruh Bob Unruh joined WND in 2006 after spending nearly three decades writing on a wide range of issues for several Upper Midwest newspapers and the Associated Press. Sports, tornadoes, homicidal survivalists, and legislative battles all fell within his bailiwick. His scenic photography has been used commercially, and he sometimes plays in a church worship band. An administrative law judge in Georgia today ruled that Barack Obama’s name can be on the state’s 2012 presidential election ballot because he was born in Hawaii, is “native born” and thus also is “natural born” as required by the Constitution. He cited a little-known determination by an Indiana judge. “The Indiana court determined that a person qualifies as a natural born citizen if he was born in the United States because he became a United States citizen at birth,” wrote Michael Malihi, an administrative law judge in Atlanta. “For the purposes of this analysis, this court considered that President Barack Obama was born in the United States. Therefore, as discussed in Arkeny, he became a citizen at birth and is a natural born citizen.” Malihi’s decision came without any evidence being presented by Obama or his lawyer after they refused to participate in the required hearing under a state law that mandates all candidates qualify for the office they seek. The law also allows any voter to raise a challenge, and several did. A hearing was held on their evidence on Jan. 26. Malihi essentially tossed all of the information the plaintiffs and their attorneys presented. “The court finds the testimony of the witnesses, as well as the exhibits tendered, to be of little, if any, probative value, and thus wholly insufficient to support plaintiffs’ allegations,” he said. He was miffed at Obama but decided the case on the merits, as requested by the plaintiffs. “Neither defendant nor his counsel, Michael Jablonski, appeared or answered. Ordinarily, the court would enter a default order against a party that fails to participate in any stage of a proceeding. … Nonetheless, despite the defendant’s failure to appear, plaintiffs asked this court to decide the case on the merits of their arguments and evidence. … By deciding this matter on the merits, the court in no way condones the conduct or legal scholarship of defendant’s attorney, Mr. Jablonski,” he said. The judge ignored plaintiffs’ urging that a request for a contempt citation be issued against Obama for refusing to appear as subpoenaed. The decision can be reviewed by Secretary of State Brian Kemp, who earlier warned Obama and his attorney that to snub the Georgia court system would be at Obama’s “peril.” Mark Hatfield, one of the attorneys who, along with Van Irion, focused on the issue of the definition of “natural born citizen,” said the judge ignored the issue of burden of proof. “If Obama has the burden of proof, and failed to show up, clearly he didn’t carry the burden,” he told WND. “The judge here completely ignores that.” He also noted it was highly unusual for a judge to reach into another state’s repository of court rulings to support his decision when the U.S. Supreme Court itself has made a determination. He said he’s hoping the Georgia secretary of state will evaluate the issue carefully, but he’s prepared to take the dispute to the appeals level. Another attorney, Orly Taitz, represented several plaintiffs and brought in allegations of fake Social Security numbers and alternative names. She said Malihi “makes absolutely no sense.” Under Georgia law, she said, it is up to a candidate to prove his eligibility. “[Obama] proved nothing. He didn’t show up. He didn’t provide evidence,” she said. The decision follows a hearing last week on concerns raised by citizens of Georgia under a state law that allows voters to challenge the eligibility of candidates on the state’s ballot. It is the states that run elections in the U.S., and national elections are just a compilation of the results of the 50 state elections. The state law requires “every candidate for federal” office who is certified by the state executive committees of a political party or who files a notice of candidacy “shall meet the constitutional and statutory qualifications for holding the office being sought.” State law also grants the secretary of state and any “elector who is eligible to vote for a candidate” in the state the authority to raise a challenge to a candidate’s qualifications, the judge determined. Citizens raising concerns include David Farrar, Leah Lax, Thomas Malaren and Laurie Roth, represented by Orly Taitz; David Weldon represented by attorney Van R. Irion of Liberty Legal Foundation; and Carl Swensson and Kevin Richard Powell, represented by J. Mark Hatfield. Cody Judy is raising a challenge because he also wants to be on the ballot. Irion, representing David P. Weldon, had urged the court not to overlook the fact that Obama had been subpoenaed for last week’s hearing. Obama’s attorney, he pointed out, acknowledged the subpoena by asking that it be quashed. But when the judge refused his request, but told a state elections official he would not participate. “Plaintiff Weldon moves this court to refer an order for contempt to the Superior Court for confirmation that defendant Obama is in contempt of court,” the motion says. “Grounds for this motion are that defendant Obama willfully defied this court’s order to appear and testify during this court’s hearing of January 26.” The motion explains that when Malihi refused to quash the subpoena, Obama and his attorney, Jablonski, “requested that the Secretary of State [Brian Kemp] halt the proceedings. … The letter ended with a statement that the defendant and his attorney would suspend all further participation in the proceedings of this court pending response.” Discover what the Constitution’s reference to “natural born citizen” means and whether Barack Obama qualifies, in the ebook version of “Where’s the REAL Birth Certificate?” But after Kemp confirmed later that day that the hearing would continue and said that failing to participate “would be at the defendant’s peril,” Obama and his lawyer still refused to attend. The letter from Obama’s lawyer to the state official, “coupled with the defendant’s willful refusal to comply with an order of this court, represent a direct threat to the rule of law,” the motion says. “The … actions represent a direct threat to the entire judicial branch and the separation of powers.” Willfully ignoring a court subpoena is “unprecedented,” Irion argued. “While past presidents have litigated against subpoenas, in every case those presidents acknowledged and respected the authority of the judicial branch. … In the instant case the defendant did not appeal to a higher court, and instead instructed the Secretary of State that he would not participate. … When the Secretary of State refused to act in an unlawful manner the defendant ignored the Secretary of State, violated an order of this court, and apparently instructed his attorney to act in a manner that violates the professional rules of conduct of this state.” Obama’s action, he said, “amounts to no less than a declaration of total dictatorial authority. Such declaration cannot go without response from this court. Failure to respond to the defendant’s contumacious conduct would amount to an admission that this court and the judicial branch as a whole do not have the authority granted to them under articles III and IV of the Constitution.” The controversy over Obama’s eligibility dates to before his election in 2008. Some contend he was not born in Hawaii and that the birth documentation the White House released in April is a forgery. Others say it doesn’t matter where he was born, as his father never was a U.S. citizen. The Constitution requires presidents to be “natural-born citizens,” and experts say that the Founders regarded it as the offspring of two U.S. citizens. Jablonski had asked Malihi to quash the subpoena, requested by Taitz. When the judge refused, Jablonski wrote to Kemp. The attorney told Kemp that “serious problems” had developed in the hearings “pending before the Office of State Administration Hearings.” Jablonski said, “At issue in these hearings are challenges that allege that President Obama is not eligible to hold or run for re-election to his office, on the now wholly discredited theory that he does not meet the citizenship requirements.” He said the judge had “exercised no control” over the proceeding. “It threatens to degenerate into a pure forum for political posturing to the detriment of the reputation of the state and your office. Rather than bring this matter to a rapid conclusion, the ALJ has insisted on agreeing to a day of hearings, and on the full participation of the president in his capacity as a candidate,” Jablonski wrote. Kemp said the hearing, however, was in line with Georgia law, and he would be reviewing Malihi’s recommendations in the case. He also had a warning about the cost of not showing up for a court hearing. “Anything you and your client place in the record in response to the challenge will be beneficial to my review of the initial decision; however, if you and your client choose to suspend your participation in the OSAH proceedings, please understand that you do so at your own peril.” Top constitutional expert Herb Titus contends that a “natural-born citizen” is born of parents who were U.S. citizens at the time of the birth. The argument also is supported by a 19th-century U.S. Supreme Court decision, Minor vs. Happersett in 1875. The case includes one of very few references in the nation’s archives that addresses the definition of “natural-born citizen.” That case states: “The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners.” An extensive analysis of the issue was conducted by Titus, who has taught constitutional law, common law and other subjects for 30 years at five different American Bar Association-approved law schools. He also was the founding dean of the College of Law at Regent University, a trial attorney and special assistant U.S. attorney in the Department of Justice. “‘Natural born citizen’ in relation to the office of president, and whether someone is eligible, was in the Constitution from the very beginning,” he said. “Another way of putting it; there is a law of the nature of citizenship. If you are a natural born citizen, you are a citizen according to the law of nature, not according to any positive statement in a Constitution or in a statute, but because of the very nature of your birth and the very nature of nations.” If you “go back and look at what the law of nature would be or would require … that’s precisely what a natural born citizen is …. is one who is born to a father and mother each of whom is a citizen of the U.S. or whatever other country,” he said. “Now what we’ve learned from the Hawaii birth certificate is that Mr. Obama’s father was not a citizen of the United States. His mother was, but he doesn’t qualify as a natural born citizen for the office of president.”
Poster Comment: Higher decisions go to higher courts on appeal !
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#1. To: BorisY (#0)
Here you go. This might help! {{{chuckle}}} Never swear "allegiance" to anything other than the 'right to change your mind'!
HOT POTATO If the USSC is forced into a decision obomba is out the door ! cabbage - lettuce - carrots all vegetables ! No one knows what an obomba - tomato is ! Tomato , whether pronounced Tuh-MAY-toh or Tuh-MAH-to, is a delicious, nutritious fruit, more widely known as a vegetable. Corn is a grain !
If you ... don't use exclamation points --- you should't be typeing ! Commas - semicolons - question marks are for girlie boys !
As the saying goes ... he who laughs last --- laughs hardest ! James A Kerner Donofrio's Amicus Brief addresses the Arkeny case which should not even been cited by the judge (AKA obama's lawyer)... This is heading to the courts where it was headed anyways.... Will SCOTUS punt again ?? More like throw an interception !
If you ... don't use exclamation points --- you should't be typeing ! Commas - semicolons - question marks are for girlie boys !
Never swear "allegiance" to anything other than the 'right to change your mind'!
Higher decisions go to higher courts on appeal ! There's the court of no appeal !
If you ... don't use exclamation points --- you should't be typeing ! Commas - semicolons - question marks are for girlie boys !
Good luck with THAT! lol.
Never swear "allegiance" to anything other than the 'right to change your mind'!
funny luck doesn't cut it ! ebonic affirmative action law - science - gospel - govt ralphb That's right tea bag. Blame the invisible commies in your empty skull for everything -- AGAIN. Like your make believe god, day no zists! ha ha ha ha ha! Reply 31 minutes ago in reply to James Ghandi feet of clay - iron ! . KenyanHunter I'm sure all of the Obama trolls will be first in line to get their marks stamped on their hands or foreheads.......... fools, you know not what you are doing. Enjoy eternity in the warm place.
If you ... don't use exclamation points --- you should't be typeing ! Commas - semicolons - question marks are for girlie boys !
jeremyd 1 comment collapsed Collapse Comn man, this is not a racial issue. Its purely a constitutional issue. This type of ruling reflects negatively on ALL AMERICANS!! Dont you get it? The document that I am talking about is the ONLY document that lists our rights as a whole..You, me, and everyother American that is here. This undermines everything our founding fathers had in mind when they broke away from the tyranny of Great Britian. Dont you see that? The president of the Umites States shal have no other allegiance to any other country, other than America and shall ne a Natural Born Citizen. Obama is not, since his father was not a US citizen at his (Obama) birth. There is a serious problem here. I respect the Office of the President, regardless of skin color and the majority of Americans do also. Your racial comments are getting old and no one really cares about that garbage anymore. There are bigger problems than that. Why keep up that argument? It settles nothing and makes people like you look ignorant. I...show more
If you ... don't use exclamation points --- you should't be typeing ! Commas - semicolons - question marks are for girlie boys !
If you put all of the evidence that Obongo was qualified to be on the Georgia ballot as a presidential candidate in a box, you'd have an EMPTY box. The pinhead presented no evidence at all. That does it I'm voting for Ron Paul, how about you?
Obama's watch stopped on 24 May 2008, but he's been too busy smoking crack to notice.
Obomba is a disaster - genetic plague ! Paul would be worse ! ralphb There is no incentive for the liberals to go to war. We are winning every battle in the courts. We are also winning the battle with your brainwashed children. soon you old farts will be feeding the worms. Oh happy dancing day.
If you ... don't use exclamation points --- you should't be typeing ! Commas - semicolons - question marks are for girlie boys !
It's another sad day in Birtherstan.
Post-Conflict Regime Type: Probability of Being a Democracy Five Years After the Conflict Has Ended; Violent Campaigns - 4%, Nonviolent Campaigns - 46%. Erica Chenoweth, Ph.D., Stanford University,
To: rxsid This example of the Prince of France is timely. (( the judge ruled native born - non citizen parents - can be president )) We must be patient in this case. Should the plaintiffs move forward, it WILL make the Supreme Court on its merits. It would be wise for the defendent to bow out prior to November, or the legitimacy of this “first black presidency” will be at risk 100 percent. 290 posted on Friday, February 03, 2012 4:22:49 PM by devattel
If you ... don't use exclamation points --- you should't be typeing ! Commas - semicolons - question marks are for girlie boys !
If you want Obongo for president, move to Kenya! And take the bobsy twins with you !!!
Obama's watch stopped on 24 May 2008, but he's been too busy smoking crack to notice.
The universe was micro engineered I'm not worried about the future ! not by your god either !
If you ... don't use exclamation points --- you should't be typeing ! Commas - semicolons - question marks are for girlie boys !
ayerhabids like him ! Khamenei has been heard to say that the coming of the last Islamic Messiah, the Shiites’ 12th Imam Mahdi, is near and that specific actions need to be taken to protect the Islamic regime for upcoming events. Mahdi, according to Shiite belief, will reappear at the time of Armageddon. Selected forces within the Revolutionary Guards and Basij reportedly have been trained under a task force called “Soldiers of Imam Mahdi” and they will bear the responsibility of security and protecting the regime against uprisings. Many in the Guards and Basij have been told that the 12th Imam is on earth, facilitated the victory of Hezbollah over Israel in the 2006 war and soon will announce publicly his presence after the needed environment is created. They're on to the false flags too ! westernman007 I was told over 6 months ago that the U.S. will false flag an attack on U.S. soil blame Iran and sucker the rest of America into another War. Why not? It has been done before. We sunk our own ship and then blamed Spain. We baited the Japanese to attack Pearl Harbor and then our government with held the information that the attack was on its way. And their is enough proof to believe 911 was another false flag. George Bush senior said in one of his speeches "We need a NEW WORLD ORDER. The puppet masters believe that if we can get into a World War , obozo will be re-elected. Because down thuogh history no sitting president has ever lost an election while at war. http://www.wnd.com/2012/02/iran-warns-world-of-coming-great-event/
If you ... don't use exclamation points --- you should't be typeing ! Commas - semicolons - question marks are for girlie boys !
I'm not taking any advise from this raghead, but feel free to kiss his a$$ if you wish. A false flag attack is a good possibility, worked for Bush! It will backfire (blowback), and be traced back to Karl Rove/Rahm Emanuel and Bill Ayers/Juan McCain. Bring the boys/girls/undecideds home and let the mooselimbs kill each other. It's God's secret plan.
Obama's watch stopped on 24 May 2008, but he's been too busy smoking crack to notice.
The Bible fails to mention the change ! The Bible does not fail to mention the change ... abortion - perversion --- political - spiritual tyranny !
If you ... don't use exclamation points --- you should't be typeing ! Commas - semicolons - question marks are for girlie boys !
It would be wise for the defendent to bow out prior to November, or the legitimacy of this “first black presidency” will be at risk 100 percent. We been hearing that now for years.
Post-Conflict Regime Type: Probability of Being a Democracy Five Years After the Conflict Has Ended; Violent Campaigns - 4%, Nonviolent Campaigns - 46%. Erica Chenoweth, Ph.D., Stanford University,
The birfer dilemma; the Supreme Court can't rule someone born in Hawaii as not being born on Hawaii. The horror... the horror.....
They've certainly tried.
Post-Conflict Regime Type: Probability of Being a Democracy Five Years After the Conflict Has Ended; Violent Campaigns - 4%, Nonviolent Campaigns - 46%. Erica Chenoweth, Ph.D., Stanford University,
Unbelievable. The Judicial Branch is as utterly bereft of legitimacy as the rest of the government. I really don't care whether he's eligible or not; he's a NWO puppet, just like Biden, Hildebeast, Romney, Newt, et al. So whether or not obungler is the front-man for the criminals is moot. But at least this demonstrates the corruption to the sheeple, and strips any vestige of honor.
"If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom, go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen!” -- Samuel Adams --
Orly is an airhead, and probably the worst lawyer in the US. No wonder the usurper is still in office! She's the Sarah Palin of Bulgaria.
Obama's watch stopped on 24 May 2008, but he's been too busy smoking crack to notice.
Someone legally elected to the presidency is no usurper, chowder brain. There was no theft of the office as was the case with the Smirk and Snarl show. I have my criticism of President Obama, but on a personal level, I like him just fine too I might add.
Orly gets smacked down, real good! Georgia - Obama Eligibility - FINAL DECISION of ALJ Mahili, Obama is NBC (3 Feb 2012)
Any lawyer obsessed with trying to deny a native born American of an office he or she is qualified for is cognitively impaired.
Or maybe you don't know what you're talkin' about.
Post-Conflict Regime Type: Probability of Being a Democracy Five Years After the Conflict Has Ended; Violent Campaigns - 4%, Nonviolent Campaigns - 46%. Erica Chenoweth, Ph.D., Stanford University,
Which explains the quality of the lawyers pursuing this.
Post-Conflict Regime Type: Probability of Being a Democracy Five Years After the Conflict Has Ended; Violent Campaigns - 4%, Nonviolent Campaigns - 46%. Erica Chenoweth, Ph.D., Stanford University,
USSC? - it'll never happen "...Plaintiffs asked this Court to decide the case on the merits of their arguments and evidence. The Court granted Plaintiffs’ request..." ...Plaintiffs Farrar, Lax, Judy, Malaren, and Roth contend that President Barack Obama is not a natural born citizen. To support this contention, Plaintiffs assert that Mr. Obama maintains a fraudulently obtained social security number, a Hawaiian birth certificate that is a computer-generated forgery, and that he does not otherwise possess valid U.S. identification papers. Further, Plaintiffs submit that Mr. Obama has previously held Indonesian citizenship, and he did not use his legal name on his notice of candidacy, which is either Barry Soetoro or Barack Obama Soebarkah. (Pl.s’ Am. Compl. 3.) At the hearing, Plaintiffs presented the testimony of eight witnesses 2 and seven exhibits in support of their position. (Exs. P-1 through P-7.) When considering the testimony and exhibits, this Court applies the same rules of evidence that apply to civil nonjury cases in superior court. Ga. Comp. R. & Regs. 616-1-2-.18(1)—(9). The weight to be given to any evidence shall be determined by the Court based upon its reliability and probative value. Ga. Comp. R. & Regs. 616-1-2-.18(10).... "...The Court finds the testimony of the witnesses, as well as the exhibits tendered, to be of little, if any, probative value, and thus wholly insufficient to support Plaintiffs’ allegations..." Source:http://www.canadafreepress.com/images/uploads/Final_Decision_2.3_.2012_.P DF
Years from now, historians may regard the 2008 election of Barack Obama as an inscrutable and disturbing phenomenon, a baffling breed of mass hysteria akin perhaps to the witch craze of the Middle Ages. How, they will wonder, did a man so devoid of professional accomplishment beguile so many into thinking he could manage the world's largest economy, direct the world's most powerful military, execute the world's most consequential job? Imagine a future historian examining Obama's pre-presidential life: ushered into and through the Ivy League despite unremarkable grades and test scores along the way; a cushy non-job as a "community organizer"; a brief career as a state legislator devoid of legislative achievement (and in fact nearly devoid of his attention, so often did he vote "present"); and finally an unaccomplished single term in United States Senate, the entirety of which was devoted to his presidential ambitions. He left no academic legacy in academia, authored no signature legislation as legislator. And then there is the matter of his troubling associations: the white-hating, America-loathing preacher who for decades served as Obama's "spiritual mentor"; a real-life, actual terrorist who served as Obama's colleague and political sponsor. It is easy to imagine a future historian looking at it all and asking: how on Earth was such a man elected president? - Matt Patterson, American Thinker If obomba loses the election buy one gun to fend off the malcontents ... if obomba wins re election buy two guns the next depression will be worse --- you've got a drive through greese monkey running the country using re cycled lube - oil !
If you ... don't use exclamation points --- you should't be typeing ! Commas - semicolons - question marks are for girlie boys !
native born doesn't cut it for natural born constitutional specifications for presidential office ! YOU WEIRDOS ARE MARTIAN BORN ! ebonics usa !
If you ... don't use exclamation points --- you should't be typeing ! Commas - semicolons - question marks are for girlie boys !
If you ... don't use exclamation points --- you should't be typeing ! Commas - semicolons - question marks are for girlie boys !
#2. To: All (#0)
He said he’s hoping the Georgia secretary of state will evaluate the issue carefully, but he’s prepared to take the dispute to the appeals level.
#3. To: Brian S (#1)
(Edited)
#4. To: BorisY (#3)
(Edited)
Indeed...They are going to LAUGH AT YOU!
#5. To: Brian S (#4)
#6. To: BorisY (#5)
#7. To: Brian S (#6)
(Edited)
#8. To: All (#7)
#9. To: BorisY, *Ron Paul for President* (#0)
"We (government) need to do a lot less, a lot sooner" ~Ron Paul
#10. To: hondo68 (#9)
(Edited)
#11. To: BorisY (#0)
#12. To: lucysmom (#11)
#13. To: BorisY, *Yukon neo-Progressive Vermin* (#10)
(Edited)
"We (government) need to do a lot less, a lot sooner" ~Ron Paul
#14. To: lucysmom (#11)
#15. To: hondo68 (#9)
That does it I'm voting for Ron Paul, how about you?
#16. To: BorisY, *Ron Paul for President* (#15)
Khamenei has been heard to say
"We (government) need to do a lot less, a lot sooner" ~Ron Paul
#17. To: BorisY (#0)
#18. To: hondo68 (#13)
#19. To: All (#18)
(Edited)
#20. To: Ferret Mike (#17)
(Edited)
#21. To: BorisY (#12)
We must be patient in this case. Should the plaintiffs move forward, it WILL make the Supreme Court on its merits.
#22. To: lucysmom (#21)
#23. To: BorisY (#20)
#24. To: Ferret Mike (#22)
The birfer dilemma; the Supreme Court can't rule someone born in Hawaii as not being born on Hawaii.
#25. To: BorisY (#0)
#26. To: Ferret Mike (#18)
(Edited)
"We (government) need to do a lot less, a lot sooner" ~Ron Paul
#27. To: hondo68 (#26)
#28. To: All (#27)
#29. To: hondo68 (#26)
#30. To: Capitalist Eric (#25)
But at least this demonstrates the corruption to the sheeple, and strips any vestige of honor.
#31. To: Ferret Mike (#29)
Any lawyer obsessed with trying to deny a native born American of an office he or she is qualified for is cognitively impaired.
#32. To: BorisY (#2)
If the USSC is forced into a decision obomba is out the door !
#33. To: Jameson (#32)
#34. To: Ferret Mike (#29)
(Edited)
Any lawyer obsessed with trying to deny a native born American of an office he or she is qualified for is cognitively impaired.
#35. To: All, freddi, ferret, nalu chink (#34)
YOU WEIRDOS ARE MARTIAN BORN !
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