Update: Judge weighs arguments in Barack Obama ballot dispute; Orly Taitz involved

Ledger Enquirer ^ | 1/26/2012 | Associated Press

[devattel]

ATLANTA -- A Georgia judge has heard arguments and is considering a complaint that seeks to keep President Barack Obama off the state's ballot.

Obama's local attorney Michael Jablonski boycotted Thursday's hearing in Atlanta. Plaintiff's attorneys urged Deputy Chief Judge Michael Malihi to hold him and the president in contempt. The judge didn't set a timeline for a ruling.

About 100 people listened to hours of arguments from the attorneys, who included state Rep. Mark Hatfield, a Waycross Republican.

The complaint contends Obama isn't a natural-born U.S. citizen and therefore should not be on the state's ballot. Similar complaints have been filed in other states with no success.

[opentalk]

I remember this issue when AZ was addressing eligibility, (not a lawyer )Here is another link by the same author regarding AZ in 2010

Arizona Filibuster

...Understand, that once Barack Hussein Obama completes one legal term in office, there is legal standing for any crime which he has completed. Illegal then becomes legal in the eyes of Obama lawyers who will make the courts enforce a new mandate which supersedes the Constitution ..

See, the Constitution states in the Articles that the President must be elected by the States. This means all 50 states now, and not just a majority. A President can not be kept off the ballot for bias reasons, but a State can without documentation proving a candidate is a native, can refuse to run someone who is in violation of the Constitution. That filibuster is as complete as that of the Senate, because one Senator can indeed keep speaking and 99 other Senators can not overrule that Senator.

The Constitution has no clauses in it which states a majority of Congress or States could overrule a State filibustering an election, so that means that power is reserved to the individual states as in the 10th Amendment.

[Lloyd227]

"Now we’re merely awaiting the publishing of this Judge’s ruling which, as previously stated, will be a Default Judgment. "

Sorry, much as I wish it were true, the Judge has NOT issued any ruling or default judgement. Not yet...

[opentalk]

This was a post to the thread back then by libertarian27:

That is an interesting passage.... oBambi is in squatter mode right now

Squatter in Chief

Once the precedence term is set it would no longer be deemed illegal trespass of the office.

Can you take back a covenant precedence in the law as written?

Interesting....

[opentalk]

WND article, precedent case

... according to documentation in the lawsuit, the secretaries of state in California previously have exercised their election authority and have rejected candidates who did not qualify.

“As stated in our previous pleadings herein, former California Secretaries of State have taken legal action to remove individuals from the ballot for failure to comply with the eligibility requirements to serve as President of the United States, although, in those cases, the issue had to do with the ‘age’ requirement, not the ‘natural born citizen,’” the USJF said.

[Lloyd227]

This part about one state withholding their vote is absolutely preposterous Read the 12th Amendment, it's quite clear http://en.wikipedia.org/wiki/Twelfth_Amendment_to_the_United_States_Constitution

[Enterprise]

In essence, plaintiffs presented evidence that Obama was NOT a natural born citizen. The defendant did not present evidence that he IS a natural born citizen. Thus far, in the absence of anything contrary, the judge has the necessary testimony and evidence to rule for the plaintiffs IMO.

From an article reference in post #20:

"So far, things are going exactly according to statute. Frankly, it was very stupid for Obama not to have had at least an intern show up to present something for the record. Why? Because when — not if — this thing escalates, the only things that the State Appellate and/or Superior Courts can consider when reviewing the cases are what’s been entered into the record."

So to me, when the time comes for an appeal, and the Court checks the record, there will be nothing in the record from the defense for them to check.

[melissa_in_ga]

Here’s what I don’t understand. I’ve been puzzling this all morning. If you boycott a hearing, and refuse to appear, and a default ruling is made against you...

HOW CAN YOU POSSIBLY APPEAL?????

[little jeremiah]

From what I gather, they cannot appeal.

[Xyz22]

Sorry, I got a little excited there. Hmmmmm. I still have hope that the judge will follow through and issue a default judgement.

[pickyourpoison]

bookmark

[autumnraine]

So that’s what it’s called when you want to avoid going to court? “Boycotting?” I always thought was “contempt.”

[Plummz]

The real issue in this is a President is not elected to these 49 United States, but Constitutionally must be elected by all 50 states, unless they have seceded from the Union as the Confederates did. Unless an event as that has taken place, the Constitution is not about Electoral Colleges or being ratified by Congress, but it is about the Union electing a President of all 50 states. Understand that any President can loose the popular vote as President Bush had, and win the electoral votes, along with numerous states, but no President can be President of these United States if he is not on the ballot or certified in all 50 states.

This is ridiculous. There is no such requirement. You could have a situation where someone was on the ballot of only one state, won that, threw the election from the electoral college to the House, and won there. That would be perfectly legal. How many state ballots do you think Gerald Ford was on before he was President?

[Georgia Girl 2]

GA SOS Brian Kemp was on a local radio station this afternoon. He said that the next step is for the judge to issue an initial decision in the matter and forward that decision and all supportings docs to Kemp. Kemp will then review all the material and the Judge’s recommendation and make a final decision. He would not speculate any further however he did agree that not showing up to present your case in court is definitely a detriment. My feeling is that Barry will not be on the GA ballot in 2012.

[Plummz]

What’s funny about this is that a number of idiot leftist state legislatures have decided their electors should go to the winner of the national popular vote. What happens when you subtract Georgia from Obama’s nationwide total?

[Georgia Girl 2]

“What happens when you subtract Georgia from Obama’s nationwide total?”

I don’t think it will really make much difference as Obama does not have a snowball’s chance in Hades of winning GA but as they say in the MSM the optics are bad. If Obama cannot get on the ballot in GA and maybe Al and Conn its going to make voters all over the country pause to think about why he isn’t on the ballot. Plus the Republican candidate can just flog him with it incessantly.

[phockthis]

Do you have a link to the actually law for this???

[Plummz]

You missed the point. Reread.

[Talisker]

Here’s what I don’t understand. I’ve been puzzling this all morning. If you boycott a hearing, and refuse to appear, and a default ruling is made against you... HOW CAN YOU POSSIBLY APPEAL?????

The answer is in the definition of "you."

Obama's position is that as the elected head of one of the three aspects of the federal government, the States have no standing to tell him to do anything. And in addition, that this is a federal issue, if it is any issue at all.

If he responded to this court, he would be acknowledging its jurisdiction over him. The only way for him to defend his position is by not responding, in his capacity as president. As such, he need fear no legal repercussions from the courts, State or federal.

And finally, his lawyers will take the position that as an elected president, his qualification for the position has already been approved by the fact of his elected and sworn-in status, and so he is immune from having to deal with the question any longer.

Jurisdiction. Ultimately, it's the only game in town.

[politicianslie]

WHY?

We've all been told Obama is exactly who he says he is.

Remember the plumber? Obama a socialist? Naw, he's a moderate, remember? The MSM told us so.

Obama is a Christian, remember, the MSM told us so and harassed those who questioned who he said he is.

Obama is for jobs, remember, the MSM told us so.

Obama is for energy independence, remember, the MSM told us so.

Obama is for a strong America, remember, the MSM told us so.

ETC.

So who is Obama. I won't even insult you by qoting Obama. The only people still listening to what he says love the fact that "gays" can serve openly in the military. They like that he won't let American companies drill for oil to make us energy independent. They love the fact that Obama says the Canadian oil pipeline is bad for America.

HOW CAN THEY BE SO STUPID to listen to anything this clown says?

The fact that liberals are functional idiots shouldn't surprise anyone anymore. These clowns think it's fine for America to spend 42% every month MORE than the US Government takes in as revenue. And apparently conservatives aren't much smarter. They sit by and let the traitors and the useful idiot liberals do it.

So who is Obama. If I told you, you'd roll your eyes back and think "conspiracy theory silliness."

Obama is NOT who he says he is. Wall Street did not give him $Hundreds of Millions to destroy America. WHO DID?

If you haven't figured it out that all Americans, liberals or conservative, FREEPERS or DUers, it makes no difference; are just too far gone to understand Obama is doing it on purpose.

Go GOOGLE TROJAN HORSE. Read the story and start to think again. It really is far worse than you can imagine. Can you still THINK or do you have to wait for an idiot like Brian Williams to tell you the answer?

SO what is he really doing? Obama is probably not eligible to be POTUS, isn't that OBVIOUS? If he is not on the ballot in Georgia, he calls RACISM, sicks our Attorney General on Georgia, declares the election invalid if he looses, declares martial law, WHATEVER. Obama hates the CONSTITUTION......, he hates American law and he will win if we let him.

[opentalk]

From XII amendment

..in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice.