Replies

ALJ are assumed to not be prejudiced by evidence or testimony introduced that is later overruled or stricken from the record. For example, an ALJ will accept into evidence a document that is later overruled and dismissed as hearsay. It is assumed the ALJ won’t be prejudiced by seeing the stricken evidence in the adjudication.

If you’ll recall, Obama’s attorney motioned for a dismissal pretrial and the Judge denied the motion with a quip there may be a good reason for dismissal, but none was cited.

I realize the Judge didn’t call it an Order for Summary Judgment, but that’s what it is.

Now, we know the Judge was hinting at a Motion for Summary Judgement by the Defendant. It’s the only logical solution to hearing testimony from the Plaintiff and examining evidence from the Plaintiff and then ruling for the Defendant when the Defendant offered no opposition, testimony or evidence.

“If you’ll recall, Obama’s attorney motioned for a dismissal pretrial and the Judge denied the motion with a quip there may be a good reason for dismissal, but none was cited.”

No. That was the defendant's motion to quash Orly's subpoena for Obama to appear.

“I realize the Judge didn’t call it an Order for Summary Judgment, but that’s what it is.”

Simply wrong. The judge declared that the hearings were held on the merits at the request of all of the plaintiffs. Findings of fact were made and conclusions of law were applied by the judge. A summary judgment is only granted pretrial and only when the moving party can convince the judge that the other party would lose even if their claims were proved true.

“Now, we know the Judge was hinting at a Motion for Summary Judgment by the Defendant.”

No. Judge Malihi was clearly hinting that Obama’s attorney Jablonski should file an amended motion to quash (MtQ) the subpoena for Obama to appear citing some case law in support of the motion...which was missing in the MtQ that the judge dismissed. Jablonski had a week to re-file an improved MtQ following Malihi’s suggestions, but the Obama legal team decided that it was better to pull a no-show and go over the head of the ALJ Malihi and demand that the GA SOS Kemp exercise his discretion to cancel the hearing claiming that it was moot according to some GA statutes.