Though Georgia Administrative Judge Michael Malihi claimed to have issued a decision based upon “the law as well as the evidence,” we now know he made proper use of neither. For the Judge had no evidence in the Court record upon which to base his assertion of “fact” that Obama “was born in the United States.” And the Indiana Appeals Court decision to which Judge Malihi looked for his ONLY guidance made a thoroughly incorrect interpretation of existing case law.
In short, Judge Malihi’s decision wouldn’t pass muster in a first year law school classroom.
“The court can only rest its finding of fact on evidence that is part of the court record.” This is a rule of evidence of the superior court as stated by Attorney Mario Apuzzo. Yet only plaintiff’s evidence was contained in Malihi’s Court record and the Judge concluded that their claims were “not persuasive.” As Apuzzo puts it, “surely the court did not use those “insufficient” documents as evidence of Obama’s place of birth.”
So how exactly was Judge Malihi permitted, in a proper legal manner, to state in his decision “the following facts are considered: 1) Mr. Obama was born in the United States…”?
But just as disturbing as basing “fact” on evidence he didn’t have is the Judge’s choice of an incorrectly reasoned and decided Indiana case as the basis of his decision.
As in the case before Malihi, the 2009 Indiana case “Ankeny v Governor” involved a suit by plaintiffs who claimed Obama did not meet the Article ll, “natural born citizen” requirement of the United States Constitution.
Although there is no definition of “natural born citizen” in the Constitution, there is a Supreme Court case in which the term “natural born citizen” is clearly defined.
Writing for the unanimous majority in the 1875 SC case Minor v Happersett, Chief Justice Waite stated:
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.
Minor goes on to state:
Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first.
So Minor made it clear that “natural born citizens” are born in the United States to parents who are US citizens. And those born in the US to parents who may not be citizens, may or may not be citizens themselves. Note there is NO question of “natural born” status in this second example, but merely citizenship.
However, the Ankeny Court decided that Minor did not really define “whether a person who is born within the United States of alien parents is considered a natural born citizen,” claiming that the SC “left the issue open.”
The Indiana Court then went on to conflate Article ll of the Constitution with the 14th Amendment which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States…”
“The United States Supreme Court has read these two provisions in tandem…” states the Ankeny Court with a total lack of evidence for its claim. It then makes the INCREDIBLE leap that although the language contained in Article ll and the 14th Amendment is completely different and although the 14th Amendment doesn’t speak of “natural born” citizens at all, the Supreme Court has somehow decided that anyone born in the United States is a “natural born citizen.”
It is this nonsensical bit of legal legerdemain upon which Judge Malihi relies in deciding Barack Obama is qualified to be on the Georgia ballot, writing “as discussed in Arkeny, [sic] he became a citizen at birth and is a natural born citizen.”
But these represent only a couple of the remarkable errors made by Judge Malihi in his Obama Decision. Coach is Right will present others over the next few days, along with the progress of appeals this decision is guaranteed to evoke.
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If this thinking qualifies in the Judge’s mind as legal then why did he not ask to see a valid BC by the defendant in order to put a stop to the fact in evidence?
Because the defendant told him to go pound sound and he wasn’t coming to his court. So it’s obvious this judge was bought and paid for and the plaintiffs must just go onward and upward.
The judge was advised that the case was being submitted to him on a fiction and that he should get the facts before deciding. He took the path of a slothful coward.
Of course, the birthers were idiots to submit the case on “facts” stipulated by agreement with Obama. They should have known that if Obama were willing to stipulate to factual propositions, they were a lie.
See my main comment.
THIS LAKEY JUDGE AND GEORGIA WERE BOUGHT OFF BY THE USURPER FOR THE SUM OF TWO NUCLEAR REACTORS THIS IS OCOMMIES AMERICA
Southern Co. has received approval from the U.S. Nuclear Regulatory Commission
to build two new nuclear reactors in Georgia. The approval marks the first for a
nuclear power project in the U.S. in more than three decades.
if ever I am subpoenaed to appear in a court of lawhahaha ,I hope its from Mailih bench so I know I dont have to pay any attention to it, I can just throw in in the trash next to obamas subpoena and our constitution
I fully agree, obammy using pay to play, as usual !!!!
unfortunately if you are supoenaed you would not have two nuclear reactors in your back pocket to wheel and deal – http://www.upi.com/Top_News/US/2012/02/09/NRC-approves-new-Georgia-nuclear-reactors/UPI-15691328818621/
With 5 more states planning similar actions, the country could get another 10 noclear plants
This is another case of ,A MIND IS A TREEIBLE THING, the judge has one braincell an it it dying of lonelyness !!!
It’s not entirely the fault of the judge.
The parties stipulated to lies and called them facts.
Still, it seems to me that the judge should have had the wit to discover the facts or force the parties to disclose the relevant and material evidence – Obama’s DNA, his original birth certificate, and all evidence of Obama’s volition and intent in becoming naturalized as a citizen of Indonesia.
See my main comment.
Please emphasise that the Indiana case brought by governor Daniels was not allowed to be heard because the judge determined (as in all the other cases related to the eligibility issue) that he did not have standing to bring the case forward.
wertzfe,
Right! And the Indiana Appeals Court made it clear that the trial court had dismissed the plaintiff’s case quite properly for “failure to state a claim upon which relief can be granted.”
It’s interesting, though, that the Appeals Court did everything in it’s power to criticize, diminish, ridicule and make the plaintiff’s look as ridiculous as possible, even calling them “birthers!” It also wandered around the whole issue of “natural born” status, writing a 19 page ruling in support of the trial court’s dismissal. In short, it wanted to create as much precedent as possible for other courts to rule Obama is natural born.
Birthers, those who believe Obama was ineligible at the time of his birth, have unfortunately made a fetish of this notion and helped considerably to make themselves look foolish by fallacious and inept reasoning.
If anybody ever gets around to discovering the relevant and material evidence, it will be proved that Obama was a natural born citizen at the time of his birth. Of course, until that’s done, Obama’s eligibility is not proved. If really pressed, Obama will disclose his original birth certificate under seal and subject to a non-disclosure order, in order to keep his secret that his birth father was not the alien black Luo tribesman he claims.
The real issue is Obama’s loss of citizenship, which requires extensive investigation, time for which is running out as we dither over non-issues with regard to the birther fetish of ineligibility at birth.
See my main comment.
Sounds just like this Judge was bought off by the ” O B U M E R – - – THE ANOINTED ONE – - – Justice Department led by none other than ERIC ” THE GREAT ” hOLDER.
Will any other states havwe the forsight to take on this ABOMBINATION of the DEMOCRATIC Party called
( RATS )?
I don’t think he was bought off at all.
I think he was THREATENED.
I think our entire Congress has been threatened. I believe that civil war is imminent, because we have an illegal, criminal THUG in the White House whose tactics are like those of the mafia. If American citizens do not take steps to get this bastard out we will never have another free election! Look at what Obama’s little pet OWS fleabaggers are planning; to march into every major American city on May 1st, which is apparently some special Marxist day, which is why it was chosen. I believe it will be THEY who fire the open salvoes in the coming war – at the behest of George Soros, who was ‘cackling with glee’ when he said they would become violent. He wasn’t making a statement, he was ORDERING them.
Mark my words.
“You can get more with a kind word and a gun than you can with just a kind word.” Al Capone
The proposition that the Malihi decision was bought for the price of two nuclear reactors may not be far from the truth. Such would be in perfect alignment with Chicago style political thuggery in which the Anointed One and his lackeys are indisputably steeped. Obedience to the rule of law? What law? Haven’t you heard. He, they, are the law. Subpoenas or court summonses apply not to them but to we the peasants throughout the land, their everlasting servile subjects, who must conform to the rule of law as handed down by the Anointed One, or else! It is becoming quite clear that Malihi’s court was a sham of jurisprudence, the proverbial kangaroo court if you will, headed by a perfectly normal incompetent bureaucrat, Malihi, whose judgement was so pathetically impaired and his written decision so flawed as to cause a first year law student to wonder if the fool can actually dress himself let alone competently preside over a duly convened court of law. The answer to such a pondering is quite simply, NO!
I am more interested in action than rhetoric.
What next?
WHO needs to do WHAT?
How do we keep this item alive?
Is it up to Van Irion, Taitz, Hatfield to field appeals?
Have they?
What can/Should I/you do next?
I will post separately my letter to Gov N Deal of Georgia; even though it reeks of namecalling.
Vent your spleen.
What we have needed all along was an exhaustive investigation of the facts, which the House RINOs refused to initiate over a year ago, after the People gave them the power to do so.
It might require a general strike to force Congress to do what it should have done more than a year ago.
Once it’s disclosed that Barry’s not black, prosecution of investigation should be much easier.
See my main comment.
Open Letter to Gov Nathan Deal
This contact information was obtained from an independent website after unsuccessfully trying to get it from the ga state website , from non-available chat agents, and from a tel call which was promptly cutoff at 6pm – midstream.
The website that works is
http://people.smu.edu/rhalperi/governors.html
Georgia Governor Nathan Deal
Office of the Governor
203 State Capitol
Atlanta, GA 30334
RE: GA Ballot Challenge Case
Sent via USPS and Fax to 404-656-1776/ 404-657-7332
Gov. Deal,
Here in SC we are experiencing a terrible stench.
It has been tracked to your Secretary of State’s office.
Apparently Mr. Brian Kemp has been sharing his bed with Mr. Michael Jablonski.
I am reasonably tolerant of consenting adults; until I am the one getting ….well, if you want plain language, call me… but it is , politely, fornicated.
The net result is that “the fix was in”.
You need to determine why your Secretary of State failed to recuse himself or his subordinate when he had a clear conflict of interest.
To have a defendant’s attorney on your advisory board and not act is inexcusable; criminal.
The “decision” rendered by Mr. Mahili and supported by Mr. Kemp reeks of corruption to the 100th power.
As a result, Georgia is the laughing stock of America with one great black eye.
If you feel any obligation to remove this stain on your State, you will step in immediately to overturn the “decisions” pending full review by your AG; with proper attention to timeliness.
In hopes that GA has character and pride, I await your action
Regards,
Please join me in letting Gov Deal know how you feel.
I wrote an email to Governor Deal why don’t you all write to him until he sees the light that we the people are sick and tired of corruption for money kickbacks by our rich President, and who made him rich???
I got my email back so maybe he shut it down
Mark my word!?!?!? Obama will never give up the presidency job even if he loses in 2012 and the crooked politicians, judges and the democrat party would cause a race war and havoc in this country. He will be our dictator of the U.S. for life so be prepared for a war within this country.
Wasn’t it obvious that Judge Malihi issued a subpoena to Obama, and he arrogantly ignored it with no legal consequences that the man was either ignorant of the law, or in Obama’s “pocket”. I opt for the latter.
Didn’t Obama’s attorney verbally spit in the face of the law, and Hizzoner with the remarks he made tio the effect that he could take the subpoena and shove it? If Obama had to stand on his own merits, he would soon come tumbling down. Everything that he says or does, I believe, and I have said this many times before,k are orchestrated by what I like to refer to as the puppet masters…and one in particular, George Soros. Our electorate does not instill great hope into my heart. I pray that they will prove wrong at least once.
Why are we allowing this fraudulent despot any latitude at all? He is obviously, laughing at this whole country being overwhelmed at his lies and his ability to take over the highest position in our country. He does not possess a legitimate birth certificate; he does not have a legitimate social securith number and he refuses to explain himself. If anyone else of a different color maybe had done this, there would have been an impeachment a long time ago. Why are we standing still for this behavior? In order for the rest of us to obtain a job, we had to have a socila security card from the state where we resided, a birth certificate and or a photo I.D. This man should receive nothing short of an impeachment before he totally destroys our country. According to Chief Justice John Marshall, “Any act of Congress that goes against the constitution is illegal and void” .
The American Eagle Has Been Replaced In The State Of Ga. By Judge Mahili, Yikeess, The American Skunk Has Replaced The Eagle As The New Symbol Of The American Pres Imposter Obama It Is 1/2 Black And 1/2 White And Everything It Touches “Stinks” Chi-Town Politics In Action In The State Of Ga. Thanks Brian Kemp Sec Of State And Remember You Lay With Obama Dogs You Will Get Fleas. God Bless America And Sheriff Joe Arpaio With Susan Daniels And Orly Taitz.
Questionman…YOU are the racist! We are all human beings first before we are male or female, black or white. Yes, unfortunately there are some people driven to hate just because of something as insignificant as ones color. That is like hating someone because they have short hair instead of long. YOU use it as an attack tactic when you do not like what someone is saying. Since you are using this issue, all you seem to care about is his black side. He is half white. Why do you not focus on that – because you are racist. He should represent both sides. What do you say to the blacks who are upset with his policies? It is not his birth we are concerned about, but his father’s. Look up a historian named David Ramsey from 1749-1815. He is an authority from that time period who can best define Article II. He wrote the definition of Natural Born Citizens. For some reason, many of you are blind to the fact that Obama has no love for this country but that is the environment he was raised in. For example, do you think we should let the son of an Ambassador from Iran, just because the son was born here, become our President? Do you think he would have our best interest at heart or would his loyalty be with his parents, their belief system and their country? There was a reason our Founding Fathers inserted this clause. Read “The Roots Of Obama’s Rage.” It will help to understand the way he thinks and why he feels the way he does towards America. Or are you to filled with rage and anger to try and understand and reason with?
In the Sate of Georgia it is still run byu Carter, he is Obama Sr. and wanted to punish the American people when he was President, Don’t forget he was was the first Trilateral President we had. As long as thew Democrats are in charge the American people wilkl only see hared times no freedom amd no money. That is wwhy the State of Georgia backed off. Every Democrat is a Traitor to the United States of America.
hi Indigestionman,
I see you are back under a new name. You just cant seem to give up on your racist rants can you? Are you going to grace us again with your normal profanity laced hate filled rhetoric? Give it up, boy, your are out numbered.
hahahah
You talking to me, troll?
You and your puppeteer Obama, using lies and half truths, and the implicit threat of race war, to avoid a true evaluation of his eligibility, are the cynical hypocrites using racist propaganda to turn Americans against one another and keep Obama on the ballot.
Unfortunately, the birthers facilitate your fraud by accepting the lie that Barack Hussein Obama was in fact the father of Barry the B – child whose birth parents never intermarried to legitimate him – d. Barry’s original birth certificate – not a cropped or masked picture of his adoption certificate – confirmed by DNA analysis will prove that Barry’s birth parents were both U.S. citizens, neither of them Negro. Already the comparison of Barry’s DNA with that of close male relatives of Obama the alien Luo tribesman show to a reasonable degree of scientific certainty that it is biologically impossible for Barry to be the son of Obama the alien black Luo tribesman, exposing as hoaxes the racist campaign autobiography “Dreams from My Father: A Story of Race and Inheritance” and the partial picture of his amended birth certificate, required in adoptions, showing his adoptive parents, which Barry trotted out on 27 April 2011. The latter is a forgery in the sense that it is not what Obama claims it to be – his original birth certificate.
I have said from the minute that the “Judge” caved in that a lot of money changed hands. People should start watching the “Judge’s” bank account and spending habits. He is probably a very very rich man right now.
I expected better analysis from Doug Book. He should know better. He has been well advised.
From what little I’ve seen to date, the birthers have still not focused on getting the relevant and material facts. They are ignoring the probable facts to focus on fiction that raises a phony legal issue.
They are deluded by the notion that Obama’s father was an alien Luo tribesman. Trouble is, he ain’t the father. He adopted Obama at birth. Comparison of Obama’s DNA with that of close male relatives of the alien Luo proves to a reasonable degree of scientific certitude that Obama is not the son of the alien Luo. Other reports confirm that there remains an undisclosed original birth certificate showing that Obama was the son of two U.S. citizen parents. The original birth certificate, confirmed by Obama’s DNA, will show him to have been a natural born U.S. citizen at the time of his birth, as indicated by Dr. Fukino in her statement of 27 July 2009.
So the position that Obama was ineligible at birth because he had an alien father is bunk. The alien thought to be his birth father, claimed by Obama to be his birth father, wasn’t.
By propounding this false notion, in the foolish and mistaken hope of a quick fix, the birthers put the judge in the position of excluding a man erroneously believed to be half Negro from the ballot because of a Negro man he misrepresents to be his father. The judge fears civil strife and criticism if he does so, so he adopts a frivolous legal interpretation of “natural born citizen” to keep Obama on the ballot.
Obama refuses to release his original birth certificate, releasing an incomplete picture of his adoption certificate instead, for two reasons:
- To conceal the fact that he is not half Negro, the basis of his political career.
- To evade the investigation of his naturalization as a citizen of Indonesia as a lad, which was probably confirmed as an adult. While people fuss about non-issues regarding his eligibility at birth, they pay no attention to his potential loss of U.S. citizenship, which would cost him his eligibility if proved. He can’t be a natural born U.S. citizen if he is not a U.S. citizen at all, even though he was a natural born U.S. citizen at birth.
There is also a tendency to fall into error once a decision is reached regarding eligibility at birth, as if that determines eligibility for all time., As indicated, status at birth can change. If U.S. citizenship is lost, eligibility to the Office of President is lost.
The real eligibility issue is the effect of Obama’s Indonesian naturalization on his American citizenship. The U.S. State Department explains the effect of foreign naturalization, a potentially expatriating act, as is a conviction for treason:
POTENTIALLY EXPATRIATING ACTS
Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:
1. obtaining naturalization in a foreign state [my italics] (Sec. 349 (a) (1) INA);
2. taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);
3. entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-
commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);
4. accepting employment with a foreign government if (a) one
has the nationality of that foreign state or (b) an oath or declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);
5. formally renouncing U.S. citizenship before a U.S. diplomatic or consular officer outside the United States (Sec. 349 (a) (5) INA);
6. formally renouncing U.S. citizenship within the U.S. (but only under strict, narrow statutory conditions) (Sec. 349 (a) (6) INA);
7. conviction for an act of treason (Sec. 349 (a) (7) INA).
ADMINISTRATIVE STANDARD OF EVIDENCE
As already noted, the actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship. The Department has a uniform administrative standard of evidence based on the premise that U.S.
citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to a declaration of allegiance to a foreign state, serve in the armed forces of a foreign state not engaged in hostilities with the United States, or accept non-policy level employment with a foreign government.
See http://travel.state.gov/law/citizenship/citizenship_778.html.
If people would seek the facts instead of striving for a quick and easy result on the basis of a stipulated fiction, and subpoena Obama’s original birth certificate and his DNA and the considerable mass of conflicting evidence regarding his potential loss of U.S. citizenship, state secretaries of state would have a basis for informed and rational decisions with regard to his eligibility.
Until the facts are thus disclosed, Obama is likely to continue playing the birthers like a toreador plays a bull, and they will, out of faulty analysis and ignorance, continue to suffer ignominious defeats.