Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Red Steel

Not over by a long shot. This was an administrative court. If a default is entered against Obama, he can appeal to the next higher Georgia Court, then to Appeal Court, then to State Supreme Court, then to US Supreme Court.
He can also petition to have the Default set aside.

He can say that the Court documents were not served correctly. He would have to show that the documents were not served, which obviously would explain why the Court had no ability to enter judgment. This has to be done by way of an ‘Application on Notice’ (motion). Evidence has to be shown to the procedural judge.

He could also try to show that there is some good reason why judgment in default should be set aside. This covers any situation, but is commonly used when service was done properly by Court rule, but still did not come to the attention of the Organizer in Chief (perhaps he was on a long vacation in Hawaii, or campaigning, or playing golf)

Obama could also offer a meritorious defense before the Court sets aside the default judgment.

Again, he would say the Court entered judgment when they were not entitled so to and perhaps it was lost in the mail or by the court, or similar reason, but the Court still attempts to enter judgment. The court staff usually check for things like this, but occasionally things slip through the system.


17 posted on 01/26/2012 12:36:04 PM PST by Sasparilla
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Sasparilla
Not over by a long shot. This was an administrative court. If a default is entered against Obama, he can appeal to the next higher Georgia Court, then to Appeal Court, then to State Supreme Court, then to US Supreme Court. He can also petition to have the Default set aside. ...

But why would he want to? Obama has avoided what he needed to avoid - a ruling based on the merits of the case. The only thing that can bring Obama down, is a ruling by a court of law that Minor v Happersett established precedent on the definition of natural born citizen. In this case he avoided it.

Obama will now argue that SOS Kemp does not have the authority to keep him off the ballot - you saw that argument begin in Jablonski's letter to SOS Kemp. But, Obama will never allow a court to rule on whether or not Minor is precedent on the legal definition of NBC. He can never allow that to happen.
28 posted on 01/26/2012 1:28:21 PM PST by MMaschin
[ Post Reply | Private Reply | To 17 | View Replies ]

To: Sasparilla; Red Steel
Not over by a long shot.

Quite right.

It seems likely defense counsel cares not at all about what may result from this administrative hearing. He impolitely informed the SOS prior to the hearing that the SOS had no authority to take action based on any supposed lack of eligibility of the candidate; and implied, in essence, that the hearing was a waste of time. He backed his position with at least one Georgia case and local statutes. He could afford to be impolite because if the hearing officer indeed lacks subject matter jurisdiction, defense's barely veiled view that it was a kangaroo court has merit.

The fact the SOS allowed the hearing to proceed ought to suggest he believes the case law can be overcome and the statute cited is misapplied; that he is willing to meet head on any lawsuit the candidate brings in a court of law.

That case, of course, will be about GA statutes and not the candidate's eligibility, and that court test will be the point when we should hope the SOS really has his legal ducks lined up.

Unfortunately, it seems there is a path to victory for the candidate in GA; and, if so, they will certainly pursue it.

30 posted on 01/26/2012 1:42:09 PM PST by frog in a pot
[ Post Reply | Private Reply | To 17 | View Replies ]

To: Sasparilla

From what I’ve been informed. If the Secretary of State of Georgia denies Obama’s name on the ballot then Obama has to sue the Secretary of State and win in court to get his name on the ballot.


34 posted on 01/26/2012 2:15:58 PM PST by CarsonChris
[ Post Reply | Private Reply | To 17 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson