The Liberty Legal Foundation has filed an appeal with the Georgia Superior Court in the case of Weldon v. Obama, one of the three Georgia lawsuits claiming Barack Hussein Obama to be Constitutionally ineligible to serve as president of the United States or to be included on the Georgia ballot.
It is probably significant that the very act of filing the appeal was fought by the Superior Court clerk’s office which claimed that an additional $2 fee had not been included with Liberty Legal’s paperwork for the filing of separate motions.
Additionally, the Court Clerk invented numerous excuses to prevent the filing, moving from one to the next whenever it was pointed out by Liberty Legal attorneys that none reflected normal court operating procedure. According to Liberty Legal attorney Van Irion, the clerk’s conduct was, in the course of his entire legal experience, “unheard of.”
As a side note, although the paperwork had been provided some 7 days earlier, the clerk’s office failed to inform Liberty that there was a problem. The clerk simply “sat on the petition” and the filing deadline of TODAY would have been missed had Irion not called to make certain the filing had taken place!
The appeal itself is based upon the claim that the “rights of the appellant [had] been prejudiced because the finding of the Secretary of State (was) affected by…error of law.”
That is, Georgia Secretary of State Brian Kemp, who approved Judge Michael Malihi’s Administrative Court decision, had done so in spite of (or due to) mistakes of law made by the Judge in deciding the case.
As Irion states in the appeal, the decision of the Judge “not only violates…precedent and rules of construction, it runs contrary to Supreme Court precedent.”
Specifically, Liberty Legal argues that the decision of the court:
- 1. Violated rules of Constitutional construction
- 2. Misapplied Minor v Happersett (1875 Supreme Court case)
- 3. Ignored the clear definition and precedential status of Natural Born Citizen in Minor
- 4. Ignored the Minor Court’s discussion of other categories of citizens
- 5. Ignored a Minor Court holding concerning the 14th Amendment
- 6. Relied upon the severely flawed Indiana State Court ruling, Ankeny v Governor
Along with the appeal, Liberty filed a preliminary injunction prohibiting the Secretary of State from including Obama on the Democrat primary ballot in March.
Also of importance, although Judge Malihi received a “Motion for Contempt” from Liberty Legal attorney Irion concerning Obama’s willfully ignoring a subpoena and failure to appear at the January 26th Court hearing, Judge Malihi refused to certify the facts of the motion to the Superior Court. In short, he just SAT on it and did nothing, contrary to the CLEAR demands of Georgia law! And NOW the Court claims it no longer has jurisdiction over the motion because the case has moved on from the court!
What will the ruling be on the Petition for Appeal? Given the obvious and overwhelming judicial misfeasance—possibly malfeasance—on the part of Administrative Court Judge Malihi we can rest assured that failure on the part of the Superior Court to overturn will be a clear indication of either bias or cowardice.
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