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Judge Malihi Rules Against Plaintiffs: Says Obama Born In Hawaii Therefore Natural Born Citizen
BirtherReport.com ^ | 2/3/2012 | Kevin Powell

Posted on 02/03/2012 2:19:38 PM PST by GregNH

We just spoke with plaintiff Kevin Powell and he reports Judge Malihi has ruled against the Plaintiffs and stated in his order that Obama was born in Hawaii and therefore Obama is a natural born Citizen.

(Excerpt) Read more at obamareleaseyourrecords.blogspot.com ...


TOPICS: Government
KEYWORDS: birthcertificate; certifigate; ga; georgia; malihi; naturalborncitizen; obama
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To: Greenperson; David

I made several attempts at a reply, and cancelled them all...of course you are right, David. And it is sad, Greenperson. Now we can get on with the next phase. Who is he, who were his parents, where was he born? And what was his name at birth?
Because his mother wasn’t SAD, the place of birth wasn’t Hawaii, and his father wasn’t the son of a kenyan goat herder.


351 posted on 02/03/2012 8:31:30 PM PST by Fred Nerks (FAIR DINKUM!)
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To: freepersup

“Thank you for the emotionally devoid opinion. Very basic to grasp. My personal opinion that is also devoid of emotion and is basic to grasp is that the judge is compromised.”

I tend to agree with you about the judge. Believe me, I myself am not emotionally devoid. I’m sick to my stomach, along with many others who love our country.


352 posted on 02/03/2012 8:31:56 PM PST by Greenperson
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To: David

Thanks, David. I was trying to apply some good, old common sense to a situation that didn’t seem so difficult but turned out to be a BIG MESS. A Constituional Amendment would be a start but wouldn’t fix this now. And this needs fixing NOW.

Can you explain “He has vulnerability’s on the place of birth and parentage issues.”? I know it’s been discussed on FR whether or not Stanley Dunham and/or BHO,Sr. are his real parents. Is that what you mean?


353 posted on 02/03/2012 8:37:03 PM PST by azishot
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To: butterdezillion

I’m with you, butterdezillion.


354 posted on 02/03/2012 8:37:48 PM PST by Greenperson
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To: GregNH

How does this fit vs the rumor out of the courtroom that the judge called the attorneys into his chambers and told them, since neither the defendant nor his attorney showed for the hearing, he would issue a default, but they wanted to proceed with the hearing and present evidence ?


355 posted on 02/03/2012 8:38:22 PM PST by EDINVA
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To: Chewbarkah
The English common law was "Christian only, and their entire system of Government was based upon their unique view of natural law being issued directly from Jesus Christ as enforced by the English monarch." Something that would have been rejected by the framers and clearly an affront to the 1st amendment. Anyone who wasn't a Christian was not considered a natural born Subject of the King, even IF they were born IN the country.

Our Constitution forbids the establishment of religion, while respecting the rights of all persons to worship God or nature as they like. The English common law is in direct polar opposition to our Constitution, in that infidels were considered enemies of the state. In Calvin’s Case, which is universally recognized as having established the English common law with regard to the jus soli rule, the decision makes it perfectly clear that the English common law presumed infidels would never be converted to Christianity, and it specifically states that they are subjects of devils.

Hence, one could be born on English soil, in the King’s castle even, to parents who loved the King, but if the parents weren’t Christian, they could not be natural-born subjects. Instead, they were considered enemies of the King, because they refused to believe that the King was God’s monarch on Earth. This is not “natural law” to anyone who wasn’t Christian.

The English common law’s uniquely Christian definition of natural law governs the English common law concept of natural subjection/natural allegiance. And that is why the English common law definition of “natural-born subject” can never be judicially recognized as synonymous with “natural-born citizen”. Such a construction of Article 2, Section 1, would be directly repugnant to the 1st Amendment.


http://naturalborncitizen.wordpress.com/2012/01/24/the-english-common-law-definition-of-natural-law-is-not-part-of-the-law-of-nations/

Relavent details, here:
http://www.scribd.com/doc/79112841/AMICUS-BRIEF-by-Leo-Donofrio-in-Georgia-Presidential-Eligibility-Case

b.t.w. the Law of Nature, natural law, is non denominational. It's one of the reasons why the framers went with it instead of the Christian only English version.

356 posted on 02/03/2012 8:39:04 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: visually_augmented

Yes, you are correct I misunderstood. My apologies as ive seen your posts before and they are always cogent. I was not thinking clearly and just wanted to post out of frustration, I am in some form of shock. With evidence of criminal behavior being entered into a court of LAW I mistakenly thought that THEY would not be able to sweep it away with so little effort


357 posted on 02/03/2012 8:40:59 PM PST by Dane Holden (nation of men)
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To: rxsid

Sounds like one day we’ll have “little Pedro” who was born here to 2 illegals run for president. Is that what the founders wanted? (Why did I even ask that?)


358 posted on 02/03/2012 8:41:31 PM PST by azishot
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To: tired_old_conservative

I believe then that you are a competent lawyer, and since your name for posts implies that you are retired, you should have a stable retirement despite an economy that is really crimping my lifestyle. perhaps you could become an activist for what you know in your heart and mind to be true. I spoke to Orly when all this was just starting, just to let her know she had support out there and she pleaded with me to get involved.
However, im just a guy, barely getting by. I have nothing to offer, I cant initiate anything. I am just a natural born citizen old enuf that they taught nbc to me in third grade, but whose talents in this arena mean nothing. All I can do is support and inform my fellow americans.
I often wonder why Orly is so alone in her activities as well as the so few law suits.
How, in this huge nation we have so few with means and ability fighting for our country?
its bigger than just eligibility, we are following this pied piper as a nation into unheard of debt. We are selling ourselves out because we are so meek? because we dont care about the lives of our children? I cannot figure out why there are not 10,000 law suits! instead our entire nation with literally millions of lawyers and we muster less than 100 brought by a handfull. In the face of tyranny. Give me liberty or not, dont care either way is the order of the day. Where is our outrage


359 posted on 02/03/2012 8:41:53 PM PST by Dane Holden (nation of men)
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To: Seizethecarp

We agree that the HI DOH birth records “released” for Barry are bogus. Barry has been fighting tooth and nail to prevent a trial on the merits which would enter his HI DOH LFBC image into a court record as a “finding of fact.”

Something on that HI LFBC is extremely damaging to Barry’s eligibility...such as EVERYTHING?

Re: “EVERYTHING”: What do our resident legal eagles know - or consider - about what the ramifications to Barry would be if it were proven that he was born north of Seattle, specifically, in Canada?

There is so much evidence from so many avenues that points to Canadian birth.

What would his US citizenship status be if he was born in Canada to a British subject father and US citizen mother?


360 posted on 02/03/2012 8:42:44 PM PST by GGMac ((lesson learned re Obie: parse every sentence, every word, every gesture, every photo))
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To: Harlan1196

I find it interesting that a n00b is telling us what the judge did, as if the n00b assumes the authority to tell us what the judge did without telling us what the obama team did to instruct the judge without the plaintiff’s being privy to the instructions. It takes a special sort of enmey to play apologist for treachery. There is a certain smell about you, n00b.


361 posted on 02/03/2012 8:45:47 PM PST by MHGinTN (Being deceived can be cured.)
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To: Harlan1196

This same judge, in a previous ballot issue, stated that the onus is on the CANDIDATE to PROVE eligibility. Obama did not and never has proved his eligibility. We simply do not know who he is. If he is eligible, then WHY does he continue to hide his proof?

It is not up to the plaintiffs to prove that he’s not eligible. In the same way that someone doesn’t automatically get a job without supplying proof of qualification, like college transcripts, references, proof of experience, test results, etc.


362 posted on 02/03/2012 8:48:18 PM PST by Greenperson
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To: Harlan1196

At least you can spell the name of the case right. Ankeny, not Arkeny. Malihi got it wrong, while he was pulling cases out of his rear.


363 posted on 02/03/2012 8:50:32 PM PST by Greenperson
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To: Responsibility2nd
Judge Malihi was bought and paid for from the get go. Or threatened.

If he was threatened his life isn't worth much yet. It's called sewing up loose ends. If I were in his place and threatened I would immediately call a press conference and tell the world that I and/or my family was threatened. If we are dead then such and such has done it. Obama's people are corrupt and evil and have threatened my life if I don't do what they want me to.

If he did this if he or his family came to harm than they would be fingered. He might be safer that way than as a loose end. He could still come out with the truth.

364 posted on 02/03/2012 8:50:32 PM PST by Bellflower (The LORD is Holy, separated from all sin, perfect, righteous, high and lifted up.)
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To: Harlan1196; MHGinTN

The judge pulls one out from the wrong state of Indiana. Hatfield may have a field day taking apart the worthless drivel that is written in Ankeny from the Indiana court, but this judge compounded his mistake by elevating Ankeny over the US Supreme Court holding in Minor v. Happesett. Although I don’t expect the judiciary on appeal to be honest since most have spines of jellyfish across the US. However, we all know what the truth is here and it’s not with Obama.


365 posted on 02/03/2012 8:58:47 PM PST by Red Steel
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To: azishot
Indeed. It defies logic and common sense.

A dual national, one owing allegience to a foreign country, is eligible...but a naturalized citizen who renounced their foreign allegience is not.

What kind of sense does that make? It's like Alice in Wonderland stuff.

Crazy what's going on in this country.

366 posted on 02/03/2012 8:58:52 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Bellflower
"If I were in his place and threatened I would immediately call a press conference and tell the world that I and/or my family was threatened. If we are dead then such and such has done it. Obama's people are corrupt and evil and have threatened my life if I don't do what they want me to."

If he were to do that, his decision (either way) would be immediately called into question as being influenced while under duress.

367 posted on 02/03/2012 9:03:16 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Fred Nerks
I recall that moment at the end of her presentation, when Orly handed all her material to the bench. I thought then, what an important moment that was. After YEARS of effort, finally comes the moment when she must have felt a great sense of relief.

Yeah...like the suitcase full of documentation Orly gave to Chief Justice Roberts some time ago......he said he would "look at it"............crickets.

368 posted on 02/03/2012 9:03:59 PM PST by spokeshave (Mitt will release his tax returns when 0bambi releases his Birth Certificate and grades)
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To: 4Zoltan
“What happened to Leo’s amicus brief? Was it ever submitted?”

Yes, it was admitted into the record and will be there for Kemp to reconsider and for the appeals...as well as an additional new one from Leo picking apart Maliki’s efforts to morph the word “citizen” magically into the words “natural born citizen”!

369 posted on 02/03/2012 9:05:10 PM PST by Seizethecarp
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To: The Cajun

DIY for the judge...not to you!


370 posted on 02/03/2012 9:05:20 PM PST by Hotlanta Mike (TeaNami)
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To: PA-RIVER
“Let me repeat.

My daughter has an American BC and has foreign citizenship at birth. She is legally entitled to have two passports, serve in a foreign military, and then run for president of the United States.

My daughter can stand in front of the American people and promise to send half of our assets to another country if elected while waving her foreign passport on election day, and be qualified as a natural born citizen in the USA.”

So what?

If your daughter grows up here and imbibes a love for this country, she will have the chance to communicate that to voters and act upon those beliefs, if elected. What's wrong with that?

If she chooses to promise to send half of America's assets to another country, she would be a nitwit and her chance of winning the election nil. So your point is moot.

Eligible and electable are two different things. The first is an artifact of birth. The second is a question of convictions that must be successfully demonstrated to at least half the people.

I'm not frightened of your daughter, and I wish her well.

371 posted on 02/03/2012 9:07:25 PM PST by tired_old_conservative (.)
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To: al44
“Wouldn't the Kim decision have to be overturned for Obama to be declared ineligible?”

Not if correctly read, IMO. I don't agree with the plain English reading of Minor v. Happersett by the Ankeny court as cited by Malihi. The word “citizen” in the key sentence doesn't magically transform into “natural born citizen” and wouldn't even make sense in context, IMO. I await the appeals!

372 posted on 02/03/2012 9:12:31 PM PST by Seizethecarp
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To: Greenperson

It’s no enough to ask the lawyer if he/she thinks her witnesses are experts. There is a specific legal process for establishing expertise in each jurisdiction, generally strengthened in the last thirty years due to valid conservative concerns about “junk science.”

It’s obvious from their resumes the witnesses offered by Orly would not have met the required standard.


373 posted on 02/03/2012 9:12:57 PM PST by tired_old_conservative (.)
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To: rxsid; bitt; GregNH

Thanks for the ping Bitt.

Does this not feel like something akin to a declaration of war on the American people?

I just wonder what would happen if we social media’d this to the extreme through Twitter and Facebook? I mean people who have not talked about this stuff because they were just waiting for the courts to do the right thing, what if everyone on this thread just went berserk on social media keeping this in front of Americans every waking minute?

I also wonder what would happen if we said to the progressives, “okay, you made your bed, now your going to lie in it.” and then we proceeded to put up Rubio/Jendal for Prez./VP. Jumped with all our force behind them, and stacked the deck down-ballot? Then when all get in office, use ever law they passed to make conservative the norm. You know...freedom OF religion, not FROM...conception is where life begins...marriage means one man and one woman...honest days work for an honest days pay...bitterly cling to guns and religion...

This judge got Komen’d. Progressives really don’t need to gloat. It isn’t going to be fun for anyone when this type of government we now have reaches it’s logical conclusion.


374 posted on 02/03/2012 9:13:51 PM PST by daisy mae for the usa
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To: Seizethecarp
I await the appeals!

Hatfield is a competent lawyer. It's going to be nice seeing him take apart the Obama opposition.

375 posted on 02/03/2012 9:15:35 PM PST by Red Steel
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To: this is my country
“This sucks, bigtime.

Now what happens to the petition that Orly Taitz was granted by Judge Malihi to supoena records from Hawaii?”

There is no such thing. It was a figment of Orly's imagination. She doesn't understand legal process.

376 posted on 02/03/2012 9:15:45 PM PST by tired_old_conservative (.)
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To: Aagcobb

Congress is not the trier of crimes. Law enforcement prosecutes crime. This has always been a law enforcement issue, except for the definition of NBC. If Obama shot a person in cold blood it would not be Congress that would take him away in handcuffs, and it should not be Congress that takes him away in handcuffs for forgery, perjury, and several other crimes that he and his cohorts have committed.


377 posted on 02/03/2012 9:18:16 PM PST by butterdezillion
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To: Dane Holden
Well, I'm not retired yet, but I've been contemplating it more after a huge spate of work the last six months.

I respect your feelings on this matter, but the reason more lawyers don't take it up is because it doesn't really offer any opportunities for success. The issue of standing is all but insurmountable in most cases. As long as Hawaii says Obama was born there, the full faith and credit clause requires other states to accept that. And the interpretation of law as cribbed by the Georgia judge from Arkeny is accepted as a given in the profession. You simply aren't going to find many, if any, judges willing to entertain the two-citizen parent theory. And there's no way the Supreme Court will buy it.

Whatever one may personally believe, those are the cards dealt. Believe me, if this case was viable, there would be a number of high profile attorneys seeking fame from it. That there aren't says it all.

378 posted on 02/03/2012 9:25:55 PM PST by tired_old_conservative (.)
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To: tired_old_conservative

“If she chooses to promise to send half of America’s assets to another country, she would be a nitwit and her chance of winning the election nil.”

Well there you go. Just as the Founding Father’s envisioned it.

Bwahhhh. Really? Really?


379 posted on 02/03/2012 9:27:26 PM PST by Smokeyblue (Obama's got NBC problems and birth certificate problems - a bad case of Cluster F**ked.)
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To: Hotlanta Mike
OK, we're on the same page than concerning the “judge”.
380 posted on 02/03/2012 9:27:26 PM PST by The Cajun (Palin, Free Republic, Mark Levin, Newt......Nuff said.)
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To: butterdezillion

I believe Congress would have to impeach him first. Here in Kentucky, the Kentucky Supreme Court held that the Governor was immune from criminal prosecution until removed from office, and that kind of immunity probably applies to the Presidency as well. Nevertheless, there is no excuse for why the House never issued subpoenas to get Obama’s records.


381 posted on 02/03/2012 9:29:59 PM PST by Aagcobb (I take the Constitution seriously)
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To: butterdezillion

“Like Judge Carter, Judge Malihi woke up one recent morning with a bloody horse’s head in his bed, and decided to save his life and his paycheck instead of uphold the law and rule properly in favor of the Constitution for the united States of America.”

http://drkatesview.wordpress.com/

Jeeze! It’s damned hard to be optimistic after this.


382 posted on 02/03/2012 9:30:28 PM PST by Mortrey (Impeach President Soros)
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To: tired_old_conservative
Pls read all of it.. "its own preservation". Your boy is in power damn with the preservation of the country. "A society cannot exist and perpetuate itself unless its citizens are born from citizens" Photobucket
383 posted on 02/03/2012 9:38:25 PM PST by bushpilot1
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To: Red Steel
Remember how we were told over and over that the NBC language in Minor as cited in WKA was dicta?

Now Malihi cites the ludicrous Ankeny case which treats the Minor NBC language as a holding BUT fails the parse the plain words and grammar of the key “citizen” sentences correctly in context and suddenly this makes Barry an NBC!

The Minor-deniers claim that since SCOTUS never reached whether Minor was POTUS eligible, the NBC language was dicta, but when looking at WKA these same Minor-deniers agree with Ankeny and Malihi that even though SCOTUS did not reach NBC status for WKA, the so-called dicta from Minor cited in WKA (construed magically together with the 14A) is now interpreted to be a HOLDING sufficient to make Barry an NBC.

384 posted on 02/03/2012 9:38:42 PM PST by Seizethecarp
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To: Smokeyblue
If you're surrounded by people who would vote for someone who promised to send half of America's assets to another country, I suppose that's your problem. But you should work on developing a wider range of associates.

And yeah, the Founding Father's weren't children. They knew all kinds of idiots would run for office. That's why they created contending centers of power within the government. But they also were well aware that if people lost all common sense, no set of rules would save them.

385 posted on 02/03/2012 9:40:06 PM PST by tired_old_conservative (.)
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To: tired_old_conservative
Photobucket
386 posted on 02/03/2012 9:42:53 PM PST by bushpilot1
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To: Aagcobb

If that’s the case then this country has never been anything but a criminal enterprise.

Was Blago removed from office before being arrested?

This is a very serious question and NOT hypothetical: What if all the members of Congress were arrested at the same time?


387 posted on 02/03/2012 9:44:19 PM PST by butterdezillion
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To: azishot; LucyT; Fred Nerks; Brown Deer
Can you explain “He has vulnerability’s on the place of birth and parentage issues.”? I know it’s been discussed on FR whether or not Stanley Dunham and/or BHO,Sr. are his real parents. Is that what you mean?

See Fred's #351.

388 posted on 02/03/2012 9:47:06 PM PST by David
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To: bitt

Thanks for the ping!


389 posted on 02/03/2012 9:47:28 PM PST by Alamo-Girl
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To: Red Steel

Did he accept it as prima facie evidence? An internet PDF that doesn’t even show a seal? What rule of evidence allows that?!

It was a mistake for the plaintiffs to submit that PDF as if it meant anything.


390 posted on 02/03/2012 9:51:34 PM PST by butterdezillion
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To: Seizethecarp

Truth and integrity is not a strong point in our judiciary when dealing with political issues.

Their lack of honesty cuts across the spectrum of political issues that end up in their courts. Take Obamacare court cases for instance. Half of the judge opinions misconstrue the intent and meaning of the Constitutional ‘Commerce Clause’ that the government can mandate citizens to buy health insurance, and be fined or taxed if citizens choose not to buy into government mandated health care.


391 posted on 02/03/2012 9:56:07 PM PST by Red Steel
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To: Capt. Tom

There is something strange about this ruling and even perhaps the judge. For one thing the ruling as posted does not recognize any parentage at all. For another thing that a judge would make a decision based on SC of Indiana when there was evidence presented to the contrary on another higher USA court decision in conflict shows prejudice/preference . Another thing is that these kind of decisions appear to be orchestrated after a display of court fairness i.e. Carter and and the one in Washington. Something is going on that is way beyond and above the people of the USA whether that is money or fear or something else is crucial to the future of the USA. I found it interesting that this evening on Hannity Trump spoke out that there is so much unknown about Obama


392 posted on 02/03/2012 9:57:13 PM PST by noinfringers2
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To: GregNH
There's a career wrecker. What this judge did was worse than a captain running a ship aground. He needs to go back to a municipal court handling traffic tickets. Even that may be beyond his competency.
393 posted on 02/03/2012 9:58:54 PM PST by Myrddin
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To: Fred Nerks

The East West center was not built when Ann Dunham and the Kenyan met in the East West center.


394 posted on 02/03/2012 10:00:23 PM PST by bushpilot1
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To: butterdezillion

Well I would have known better than to give any black robe an easy out after seeing how they play footsie with these cases over the last 4 years. Irion had many other ways to introduce evidence about Obama’s claim that his father was a Kenyan citizen.


395 posted on 02/03/2012 10:03:59 PM PST by Red Steel
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To: devattel

The Supreme Court is compromised. Chief Justice Roberts said he trusted the justices to know when to recuse themselves - right after Kagan and Sotomayor had been asked and expressly refused to recuse themselves from a conference to decide whether to hear a case where their very jobs were at issue.

The only greater conflict of interest I can think of is a judge deciding whether she should prosecuted on murder charges.

At that point any doubts I had about whether Roberts was compromised were gone. No judge who still had his integrity would have been OK with Sotomayor and Kagan hearing whether they can keep their own jobs. None.

The retired military guys who encouraged Lakin to not press the eligibility issue were right: the system is too compromised right now to come up with anything but trash.

What we need to find out is why. What does Soros hold over all these people’s heads? Until we take away the power he holds over even “conservatives” we will get nowhere. That is the real story that needs to be discovered, proven, and told. That is where this nation sinks or swims.


396 posted on 02/03/2012 10:04:14 PM PST by butterdezillion
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To: tired_old_conservative

“grows up here and imbibes a love for this country,”

Ah...the living and breathing Constitution. Imbibing, no less. LOL

No thanks. I’ll take the Constitution as written by the Founding Fathers.


397 posted on 02/03/2012 10:04:54 PM PST by Smokeyblue (Obama's got NBC problems and birth certificate problems - a bad case of Cluster F**ked.)
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To: Smokeyblue

No one said anything about a living, breathing Constitution.

Imbibe: to receive into the mind and retain (imbibe moral principles)

If you did not imbibe a love for this country and its principles while growing up, I feel sorry for you. But it would explain some things on this thread.

Still hard to top someone begging us to be terrified of his daughter, though.


398 posted on 02/03/2012 10:11:28 PM PST by tired_old_conservative (.)
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To: tired_old_conservative
Photobucket
399 posted on 02/03/2012 10:13:15 PM PST by bushpilot1
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To: tired_old_conservative
Photobucket
400 posted on 02/03/2012 10:15:33 PM PST by bushpilot1
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