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Attorney Hatfield's Response to GA Secretary of State about Judge Malihi's Erroneous Decision
Obama Release Your Records ^ | Tuesday, February 7, 2012; 5:14 AM

Posted on 02/07/2012 11:38:23 AM PST by Red Steel

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To: Harlan1196
@Georgia Code - Evidence - Title 24, Section 24-2-4Where either party introduces part of a document or record, the opposite party may read so much of the balance as is relevant.

Kind of hard to do that if you're not in court, isn't it.

141 posted on 02/09/2012 2:22:07 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Harlan1196
@III. Welden’s CaseA It's the birth certificate that I downloaded from
2 the WhiteHouse.gov website. It's a birth certificate
3 professed to be of Barack Hussein Obama II.
4 Q And do you see an item on line 8 -- I'm sorry,
5 excuse me -- on item 11. Can you read that?
6 A Yes, item 11 says the birthplace is Kenya, East
7 Africa.
8 Q And that's referring to --
9 A That is the birthplace of the father.

142 posted on 02/09/2012 2:26:39 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Harlan1196
@Georgia Code - Evidence - Title 24, Section 24-3-2When, in a legal investigation, information, conversations, letters and replies, and similar evidence are facts to explain conduct and ascertain motives, they shall be admitted in evidence not as hearsay but as original evidence.

I would be concerned if I were Jablonski.

However, as you are also aware, Mr. Jablonski did attempt to "back door" into the record two (2) electronic images of Defendant Obama's purported "long form" and "short form" birth certificates by attaching same to a letter addressed and emailed to you on January 25, 2012, the day before the trial, essentially informing you that he and his client would not appear for trial.

143 posted on 02/09/2012 2:36:15 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36
So you are arguing that birth certificate is not a forgery when it comes to proving that Obama’s dad was born in Kenya but is a forgery when it comes to proving that Obama was born in Hawaii?

Do you really think the judge's mind works like yours? Either the birth certificate is valid or it is not. And when on top of it, Welden’s attorney stipulated that Obama was born in Hawaii then you get the verdict you got.

144 posted on 02/09/2012 2:40:48 PM PST by Harlan1196
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To: Harlan1196
I'm just showing you the rules of evidence. And since you didn't answer the question I'll ask it again...

Are the rules of evidence the same for a hearing as they are for a trial?

145 posted on 02/09/2012 2:43:15 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: MamaTexan
You know that in that context, Law of Nations does not refer to a book title? It was the term used in the 18th century to refer to International Law. Vattel wrote a book on 18th century international law.
146 posted on 02/09/2012 2:43:57 PM PST by Harlan1196
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To: Harlan1196
Here's one for you...
@Georgia Code - Evidence - Title 24, Section 24-1-2The object of all legal investigation is the discovery of truth. The rules of evidence are framed with a view to this prominent end, seeking always for pure sources and the highest evidence.
147 posted on 02/09/2012 2:48:40 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36
So then it makes no sense to stipulate Obama’s birthplace and submit a copy of his birth certificate. It was the plaintiff's evidence after all - it is not the judge's place to correct their mistakes.

You seem to have this image of judges going out to seek only the “purest” sources. I take it you have no practical experience with the judicial system. Judges are busy people - they are not going create work for themselves.

148 posted on 02/09/2012 2:53:31 PM PST by Harlan1196
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To: philman_36
I can understand your reluctance to answer my question. Why answer a potentially damaging question when we can dive into legal miniutia?

If the BC was a forgery as many maintain, then it was not possible to prove that Obama’s father was born in Kenya, correct?

149 posted on 02/09/2012 2:56:59 PM PST by Harlan1196
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To: Harlan1196
You know that in that context, Law of Nations does not refer to a book title?

The Founders did not capitalize non-proper nouns.

150 posted on 02/09/2012 2:57:59 PM PST by MamaTexan (I am a ~Person~ as created by the Law of Nature, not a 'person' as created by the laws of Man)
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To: Harlan1196; philman_36
Do you really think the judge's mind works like yours? Either the birth certificate is valid or it is not. And when on top of it, Welden’s attorney stipulated that Obama was born in Hawaii then you get the verdict you got.

The court didn't see any genuine birf certificate from Obama. and the plaintiffs for Hatfield and Taitz did not stipulate it was Fogbutt. Only a corrupt or stupid judge would accept the crap from Obama on the Internet.

Attorney Hatfield states,

"Defense counsel, in fact, never objected to the Notice to Produce and never moved to quash same. He simply, and purposefully, ignored it.

However, as you are also aware, Mr. Jablonski did attempt to "back door" into the record two (2) electronic images of Defendant Obama's purported "long form" and "short form" birth certificates by attaching same to a letter addressed and emailed to you on January 25, 2012, the day before the trial, essentially informing you that he and his client would not appear for trial."

What?? We see a dishonest OBot Jablonski submitted bull crap through the backdoor.

And more from Hatfield Foggyhead.

"A third significant flaw in Judge Malihi's "Decision" is that he completely failed to make a determination as to the proper placement of the burden of proof, and he failed to apply the burden of proof to his factual and legal conclusions. On January 19, 2012, Plaintiffs Swensson and Powell filed a "Motion For Determination of Placement of Burden of Proof" in which Plaintiffs sought an order of the Court, pursuant to Haynes v. Wells, 273 Ga. 106, 108-109, 538 S.E. 2d 430, 433 (2000), requiring Defendant Obama to affirmatively establish his eligibility for office. Not only did Judge Malihi not rule on Plaintiffs' motion in advance of trial, as was requested by Plaintiffs, but the judge never even addressed or resolved the motion in his final ruling. I do note, however, that the judge did indicate, in an in-chambers meeting at trial with all of the attorneys for the various Plaintiffs, that Defendant Obama probably carried the burden of proof in these proceedings.

The significance of the Court's failure to rule on the burden of proof is immediately apparent. The Defendant and his lawyer failed to attend trial and failed to offer any evidence, and such failures were intentional, as shown by defense counsel's letter of January 25, 2012."


The judge failed in so many areas that the only logical conclusion is that he is corrupt just like the turds who lurk and sleaze at theFogbow.com

151 posted on 02/09/2012 3:00:40 PM PST by Red Steel
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To: philman_36; Harlan1196

Georgia Administrative Procedure Act (Title 50) applies to administrative hearings:

2006 Georgia Code - 50-13-15
50-13-15. In contested cases:

(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil nonjury cases in the superior courts shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under such rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs or if it consists of a report of medical, psychiatric, or psychological evaluation of a type routinely submitted to and relied upon by an agency in the normal course of its business. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;

(2) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original or have it established as documentary evidence according to the rules of evidence applicable to the superior courts of this state;

(3) A party may conduct such cross-examination as shall be required for a full and true disclosure of the facts;

(4) Official notice may be taken of judicially cognizable facts. In addition, official notice may be taken of generally recognized technical or scientific facts within the agency´s specialized knowledge. Parties shall be notified either before or during the hearing, by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency´s experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence; and

(5) Any hearing which is required or permitted hereunder may be conducted by utilizing remote telephonic communications if the record reflects that all parties have consented to the conduct of the hearing by use of such communications and that such procedure will not jeopardize the rights of any party to the hearing.

http://law.justia.com/codes/georgia/2006/50/50-13.html


152 posted on 02/09/2012 3:04:20 PM PST by 4Zoltan
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To: Harlan1196
You seem to have this image of judges going out to seek only the “purest” sources. I take it you have no practical experience with the judicial system. Judges are busy people - they are not going create work for themselves.

Oh geeze, you've got to be the dumbest Commie Foggydumb in existence. "Purest sources" What? The 'judge was tooooo busy" to get into evidence a certified birth certificate from Hawaii but the idiot will accept some bullcrap picture on the Internet.

153 posted on 02/09/2012 3:07:11 PM PST by Red Steel
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To: Harlan1196
You seem to have this image of judges going out to seek only the “purest” sources.
No, I have this image of the Defendant actually bringing into the court the purest documents available as he was ordered.
154 posted on 02/09/2012 3:08:13 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: 4Zoltan
Hey spamObot, here's something for you need to heed.

"And more from Hatfield Foggyhead.

"A third significant flaw in Judge Malihi's "Decision" is that he completely failed to make a determination as to the proper placement of the burden of proof, and he failed to apply the burden of proof to his factual and legal conclusions. On January 19, 2012, Plaintiffs Swensson and Powell filed a "Motion For Determination of Placement of Burden of Proof" in which Plaintiffs sought an order of the Court, pursuant to Haynes v. Wells, 273 Ga. 106, 108-109, 538 S.E. 2d 430, 433 (2000), requiring Defendant Obama to affirmatively establish his eligibility for office. Not only did Judge Malihi not rule on Plaintiffs' motion in advance of trial, as was requested by Plaintiffs, but the judge never even addressed or resolved the motion in his final ruling. I do note, however, that the judge did indicate, in an in-chambers meeting at trial with all of the attorneys for the various Plaintiffs, that Defendant Obama probably carried the burden of proof in these proceedings.

The significance of the Court's failure to rule on the burden of proof is immediately apparent. The Defendant and his lawyer failed to attend trial and failed to offer any evidence, and such failures were intentional, as shown by defense counsel's letter of January 25, 2012."

155 posted on 02/09/2012 3:11:31 PM PST by Red Steel
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To: 4Zoltan

Poor you, you’re looking up stuff for the past while I’m looking up stuff for the future.


156 posted on 02/09/2012 3:13:16 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36

These two clowns 4Dolt and Harlot are Dr. CON and Commie FogBlower posters.


157 posted on 02/09/2012 3:17:36 PM PST by Red Steel
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To: Red Steel
These two clowns 4Dolt and Harlot are Dr. CON and Commie FogBlower posters.
Whew! We're in trouble now!
158 posted on 02/09/2012 3:22:35 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36
But the plaintiffs did it for him. And said it was true.

You are not suggesting that Welden’s lawyer committed a felony by submitting a forged document into evidence, are you?

If it is good enough for the plaintiff then it is good enough. It was their challenge, it was their case.

159 posted on 02/09/2012 3:51:18 PM PST by Harlan1196
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To: Harlan1196
I knew I had seen you somewhere before!

160 posted on 02/09/2012 3:56:05 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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