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All That Is Wrong with Georgia State Judge Michael M. Malihi’s Decision (that Obama is NBC)
Natural Born Citizen - A Place to Ask Questions and Get the Right Answers ^ | February 3, 2012 | Mario Apuzzo

Posted on 02/04/2012 10:04:54 AM PST by Seizethecarp

The Court held: “For purposes of this analysis, this Court considered that President Barack Obama was born in the United States. Therefore, as discussed in Arkeny [sic meant Ankeny], he became a citizen at birth and is a natural born citizen.”

But there is no evidence before the Court that Obama was born in the United States. The court can only rest its finding of fact on evidence that is part of the court record. The judge tells us that he decided the merits of the plaintiffs’ claims. But he does not tell us in his decision what evidence he relied upon to “consider[]” that Obama was born in the United States.

The court did not engage in its own thoughtful and reasoned analysis of the meaning of an Article II “natural born Citizen,” but rather relied only upon Ankeny v. Governor of the State of Indiana, 916 N.E.2d 678 (Ind. Ct.App. 2009), transfer denied, 929 N.E.2d 789 (2010), a state-court decision which erred in how it defined a “natural born Citizen.”

The court says that Ankeny is persuasive. The court does not show us why Ankeny is persuasive other than to just provide some quotations from the decision. On the contrary, upon close analysis, we can see that Ankeny is far from persuasive on the definition of a “natural born Citizen.” The court’s decision can only be as sound as the Ankeny decision may be. But an analysis of that decision shows that it was incorrectly decided as to its definition of an Article II “natural born Citizen.”

(Excerpt) Read more at puzo1.blogspot.com ...


TOPICS: Conspiracy; Government; Politics
KEYWORDS: certificate; naturalborncitizen; obama
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Looks like an excellent appeals brief!
1 posted on 02/04/2012 10:05:02 AM PST by Seizethecarp
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To: LucyT

ping to Apuzzo setting up the appeal...


2 posted on 02/04/2012 10:06:20 AM PST by Seizethecarp
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To: Seizethecarp
The Constutional Meaning Of "Natural Born Citizen"
3 posted on 02/04/2012 10:11:07 AM PST by sourcery (If true=false, then there would be no constraints on what is possible. Hence, the world exists.)
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To: Seizethecarp
The Constutional Meaning Of "Natural Born Citizen"
4 posted on 02/04/2012 10:11:13 AM PST by sourcery (If true=false, then there would be no constraints on what is possible. Hence, the world exists.)
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To: Seizethecarp

bttt


5 posted on 02/04/2012 10:21:03 AM PST by TEXOKIE (... and HAPPY NEW YEAR to all FREEPERS EVERYWHERE!)
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To: Seizethecarp

I knew the fix was in on this one. No way this goes anywhere.


6 posted on 02/04/2012 10:21:14 AM PST by Bloody Sam Roberts (Do all He commands. Receive all He promises.)
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To: Seizethecarp
Apuzzo - Surely, the court did not use those “insufficient” documents as evidence of Obama’s place of birth. Nor does the judge tell us that he used those documents for any such purpose. The judge also does not tell us that the court took any judicial notice of any evidence (not to imply that it could). The judge did find that Obama has been certified by the state executive committee of a political party. But with the rules of evidence of superior court applying, this finding does not establish anyone’s place of birth. Hence, what evidence did the judge have to rule that Obama is born in the United States? The answer is none.


It was the Obama fairy from La La Land that told him so.

7 posted on 02/04/2012 10:26:55 AM PST by Red Steel
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To: Seizethecarp

All that is wrong?

It means the executive does not answer to the judiciary, and Holder’s actions confirm that.

We now live in a banana dictatorship. With occasional machete attacks, too. Now, we wait for the necklace burnings to start.


8 posted on 02/04/2012 10:49:43 AM PST by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto.)
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To: Seizethecarp
But there is no evidence before the Court that Obama was born in the United States. The court can only rest its finding of fact on evidence that is part of the court record. The judge tells us that he decided the merits of the plaintiffs’ claims. But he does not tell us in his decision what evidence he relied upon to “consider[]” that Obama was born in the United States.

The judge is either...

1)a MARXIST LOVING MORONIC DEMOCRAT

2)Drunk

3)STUPID

or

4)ALL OF THE ABOVE!!

9 posted on 02/04/2012 10:50:47 AM PST by ExCTCitizen (If we stay home in November '12, don't blame 0 for tearing up the CONSTITUTION!!)
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To: Red Steel

All his life people have been treating Little Barry as if he’s different, singular, unique, amazing, and all around better than everybody else. To say Barry believes it is like saying the Pope believes he’s Catholic.

The best, kindest and most humane thing that could happen to Barry is if for once in his life an adult looked him in the eye and said, ‘As a matter of fact, rules DO apply to you. There’s not one set that governs the ‘little people’, and an entirely different set for you.’

So far it hasn’t happened. The MSM, the Obots and all Obama’s other flying monkeys are undergoing delirious convulsions of joy that Barry has once again been deemed above the law. They should be careful what they wish for. There is only so much elitist treatment any Narcissist can receive before their psyche implodes. No way, at this rate, Obama makes it to Nov w’out making a gaffe even his most faithful knee-padders can’t cover for. Then his more astute sycophants [if there are any] will wish Malihi had shunted Barry to ground...but it will be too late then.

We already saw one instance that would have destroyed a GOPer. I.e.: Obama told a woman it was ‘interesting’ that her husband couldn’t find work. This is Narcissist-speak for ‘your husband is a loser’. The MSM covered for that stupid, callous and obnoxious remark in their usual blindly bovine way. When the tsunami gaffe happens, they’ll go down w Obama and all the other detritus.


10 posted on 02/04/2012 11:05:45 AM PST by Fantasywriter
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To: ExCTCitizen

OR

Got a phone call telling him what would happen to his family if he didn’t change his tune.


11 posted on 02/04/2012 11:06:15 AM PST by UCANSEE2 (Lame and ill-informed post)
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To: ExCTCitizen

... Or scared out of his oath of office and handed down what he was told to release. I find the ‘Arkeny slip to be informative, as in his screwed brain was hung up on the Ark decision missused in the Ankey ruling, or he was leaving a clue to threatened Arkancide.


12 posted on 02/04/2012 11:06:51 AM PST by MHGinTN (Being deceived can be cured.)
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To: Seizethecarp

The lawyers in the Georgia case need to seriously consider hiring Mario to brief and argue their cases on appeal.


13 posted on 02/04/2012 11:20:31 AM PST by iontheball
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To: Seizethecarp

BTW, when one reads the Ankeny decision, it reads so much like the arguments demoncrats made in their several efforts to negate the Article II requirement of ‘natural born citizen’ (which have occurred over a decade or more in congressional efforts to amend the Constitution without using the Constitutional method) that I am wondering how many of those involved in crafting the Ankeny deceit were staff members of democrats who previously in congress tried to change the requirement? The democrat party is a criminal enterprise and they have been seeking any means to negate the restricting Constitution. With the anti-Constitutional ruling in Ankeny they appear to have finally managed to cancel what they worked to cancel but couldn’t through congress critter meddling. [Are there any good working guillotines anywhere in this nation?]


14 posted on 02/04/2012 11:27:22 AM PST by MHGinTN (Being deceived can be cured.)
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To: MHGinTN

I am wondering how many of those involved in crafting the Ankeny deceit were staff members of democrats who previously in congress tried to change the requirement?

______________________________________________
That is what happened in the California case with Judge Carter. Remember the Bauer law firm in Seattle sent a law clerk down to work for Carter and then the case went south from there. I wonder who wrote Judge Malihi’s so called decision.


15 posted on 02/04/2012 11:36:28 AM PST by iontheball
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To: MHGinTN; LucyT; Red Steel; GregNH; Kenny Bunk; BuckeyeTexan
“...I am wondering how many of those involved in crafting the Ankeny deceit were staff members of democrats who previously in congress tried to change the requirement?”

It gets worse! Right in the middle of this GA eligibility hearing, Obama nominates Jill Pryor, author of a law journal article cited by Malihi, to the 11th Circuit...the circuit that would hear the appeal if (when) the GA SOS is sued for allowing/removing Obama from the GA ballot!

http://www.dailyreportonline.com/Editorial/News/singleEdit.asp?l=100450406112

quote Thursday, January 05, 2012
ABA vets Pryor for seat on 11th Circuit
Bondurant partner seems to be White House's latest pick for long-vacant seat.

It appears the White House has landed on Atlanta litigator Jill A. Pryor as its new choice for Georgia's vacant seat on a federal appeals court.

Fulton County Superior Court Senior Judge Melvin K. Westmoreland told the Daily Report that he recently received an inquiry about Pryor from the American Bar Association committee that rates White House nominees for the federal bench. He said the ABA committee's representative wrote to say the committee was evaluating Pryor because she is being considered for a position on the 11th U.S. Circuit Court of Appeals.

The administration of President Barack Obama has struggled to fill a Georgia-based spot on the 11th Circuit vacated in August 2010 by Judge Stanley F. Birch Jr., who retired.

end quote

16 posted on 02/04/2012 11:40:04 AM PST by Seizethecarp
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To: Seizethecarp

pissed-off bookmark.


17 posted on 02/04/2012 11:54:35 AM PST by Mortrey (Impeach President Soros)
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To: Seizethecarp
As I have mentioned ad-nauseum here, Mr. Malihi clearly does not understand grammar. Otherwise, he would know that Amendment XIV can never be used to substitute "Natural Born Citizen" with "Citizen of the United States".
18 posted on 02/04/2012 11:55:23 AM PST by devattel
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To: Seizethecarp
It appears the White House has landed on Atlanta litigator Jill A. Pryor as its new choice for Georgia's vacant seat on a federal appeals court.

The "Court" cited Obamaiod who whitewashed history. Time for the payoff.

19 posted on 02/04/2012 12:11:20 PM PST by Red Steel
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To: Seizethecarp
Putting the deception on the record in the Ankeny ruling is too close to the way the democrats tried to change the meaning with congressional bills that all failed. In that regard I consider the establishment of the Ankeny decision worse than the current utilization of that evil. I am really convinced that the corruption is so deep and now so ingrained that the Republic has ended ... not with a bang but a whimper, slouching to Gomorrah with Sodom at the flank.
20 posted on 02/04/2012 12:15:23 PM PST by MHGinTN (Being deceived can be cured.)
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