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To: SeaHawkFan
“Judge tells you he is willing to enter a default judgment, you always take it.”

That depends on what your legal goal is.

If these plaintiffs had taken the default, I believe that Malihi would have ruled that Barry be removed the ballot. If the plaintiffs took the default, Malihi's recommendation to SOS Kemp would not show that Barry was ineligible to be POTUS, but only that he failed to defend having his name on the ballot.

Win, lose or draw, if the default had been taken, there would have been no findings of fact and conclusions of law resulting from a hearing on the merits that on appeal would form the basis of a SCOTUS ruling that Obama was not NBC.

98 posted on 02/06/2012 8:43:39 PM PST by Seizethecarp
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To: Seizethecarp
If the plaintiffs took the default, Malihi's recommendation to SOS Kemp would not show that Barry was ineligible to be POTUS, but only that he failed to defend having his name on the ballot.

Unchallenged allegations of fact are to be accepted as verities. IOW, what you don't deny; you admit.

99 posted on 02/07/2012 7:08:25 AM PST by SeaHawkFan
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