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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

Attorney Mark Hatfield's Response to Georgia Secretary of State

Brian Kemp About Judge Malihi's Erroneous Decision
Article II Super PAC Email

Greetings,

Kevin Powell and Carl Swensson's counsel, Mark Hatfield, early this morning sent his response to judicial errors of fact and law to Georgia's Secretary of State, Brian Kemp, in response to Judge Michael Malihi's decision in the Georgia ballot challenge.

Click this link to read Attorney Hatfield's response - http://www.art2superpac.com/georgiaballot.html

Below is the ending portion of Attorney Hatfield's 6-page rebuttal letter to the Georgia Secretary of State. Read the whole letter!

"Please note that the foregoing cited errors, omissions, and flaws in Judge Malihi's "Decision" are not intended to be exhaustive, and Plaintiffs specifically reserve the right to raise other claims of error hereafter.

Mr. Secretary, as you deliberate on your final determination of Defendant Obama's qualifications to seek and hold office, I am requesting, on behalf of my clients, that you consider the posture of these matters. Defendant Obama has initiated the submission of his name as a candidate to be listed on the Georgia Democratic Presidential Ballot. Likewise, in accordance with their rights under Georgia law, my clients have raised a challenge to the Defendant's qualifications as a "natural born Citizen" pursuant to Article II of the United States Constitution. The Defendant and his lawyer tried, unsuccessfully, to have my clients' challenges dismissed. The Defendant was then legally served with a Notice to Produce, requiring him to appear at trial and to bring certain documents and items of evidence with him. The Defendant did not object. When the time for trial was imminent, the Defendant's lawyer wrote a letter to you in which he boldly criticized and attacked the judge and in which he stated that he and his client were refusing to come to court. The day of trial, after you warned him that his failure to appear would be at his own peril, the Defendant and his lawyer nevertheless failed to appear for court and failed to comply with the Plaintiffs' valid Notice to Produce. The Defendant thus not only presented no evidence of his own, but he failed to produce significant pieces of evidence to which Plaintiffs were legally entitled. Inexplicably, Judge Malihi, after verbally acknowledging Plaintiffs' entitlement to a "default judgment," then entered an order fully favorable to the recalcitrant Defendant, and to top it off, the judge refused to even acknowledge Plaintiffs' attempts to have Defendant held accountable for his purposefully contemptuous behavior in ignoring Plaintiffs' Notice to Produce.

Doesn't this result sound unreasonable? Doesn't this result appear on its face unfair? Doesn't this result in fact suggest that the Defendant is above the law?

Mr. Secretary, I am respectfully requesting on behalf of my clients that you render a decision in this matter that treats Defendant Obama no different than any other candidate seeking access to the Georgia ballot who fails and refuses to present evidence of his or her qualifications for holding office and who disregards the authority of our judiciary. I request that my clients' challenges to Defendant Obama's qualifications be sustained and upheld.

Finally, in view of the rapidly approaching Presidential Preference Primary in Georgia on March 6, 2012, I respectfully request that you enter a decision in these matters on an expedited basis."


READ THE FULL LETTER DEBUNKING THE DECISION BY JUDGE MALIHI HERE. IT ALSO DEBUNKS CLAIMS MADE BY OTHERS.

Note: An Article II Legal Defense Fund has been established to support legal actions to help reinstate a Constitutional Presidency, per Article II, Section 1. These actions may include civil or criminal complaints, lawsuits in multiple jurisdictions, including, but not limited to: direct eligibility challenges, ballot challenges, indirect suits against third parties, which would seek to clarify eligibility, or inhibit parties from supporting actions that benefit ineligible candidates and/or officials.


TOPICS: Education; Government
KEYWORDS: georgiahearing; georgiasos; malihi; markhatfield; naturalborncitizen
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To: Harlan1196
Nobody stated that it was "the real McCoy".
The testimony was "...professed to be of Barack Hussein Obama II."
Since the Defendant didn't offer up the original document for comparison that was all that could be offered to the court.
41 posted on 02/07/2012 5:19:37 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Mr Rogers

>>...Congress and the states passed an amendment declaring, inescapably, what they believed had always been true under the NBC clause...<<

LOL! If the writers of the 14th had wanted to say Natural-Born-Citizen, they could have done so. The example in Article-II existed and was available for plagiarizing. They chose not to and stated quite clearly, “Citizen”.

Nope, the founders had a commonly held definition for NBC and that was born in a country to two citizen parents. They used that term to give additional integrity to the qualifications for President. That was their clear, unarguable intent. That subsequent black-robed scoundrels and politi-sluts have endeavored to twist and pervert the founders intentions does not change their original intent. It simply means that the those black-robed scoundrels and politi-sluts disregarded, disrespected and held no value in the founders original intent. The country is worse off because of it.

So, legalistically you are right. Revel in the smugness of your argument if you like. But you might as well wallow in a pig-sty for all the good it does you.


42 posted on 02/07/2012 5:32:01 PM PST by jaydee770
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To: Harlan1196
Did you even read the letter from Hatfield?

Simply put, a review of the record in my clients' above -captioned cases reveals no evidence of Defendant's place of birth and no evidence of Defendant's mother's citizenship at the time of Defendant's birth. My clients did not enter into evidence any copy of Defendant Obama's purported birth certificate in these cases.

43 posted on 02/07/2012 5:35:02 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Red Steel
Note: An Article II Legal Defense Fund has been established to support legal actions to help reinstate a Constitutional Presidency, per Article II, Section 1.

Damn. I really should have jumped on the "separating birthers from their money" bandwagon a long time ago. It certainly has been quite lucrative to Joseph Farah. And Orly Taitz spends a lot of time sunning on Waikiki beaches.

Maybe these folks aren't so stupid after all.

44 posted on 02/07/2012 5:45:47 PM PST by Drew68
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To: Harlan1196; tablelamp
A running meme or setting the tone of the debate? Who knows.

@Irion and Hatfield conceded that he was born in Hawaii because the Minor 2 citizen parent theory is based on being born in the US. February 04, 2012

45 posted on 02/07/2012 5:54:09 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Drew68

Are you having trouble standing on your leg?


46 posted on 02/07/2012 5:55:57 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

It’s okay, that one wears his/her/its obamanoid kneepads regularly.


47 posted on 02/07/2012 6:00:29 PM PST by MHGinTN (Being deceived can be cured.)
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To: MHGinTN; Drew68

I meant it more in the manner of “you have no leg to stand on so you take a cheap snipe at others”.


48 posted on 02/07/2012 6:11:18 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: jaydee770

“Nope, the founders had a commonly held definition for NBC and that was born in a country to two citizen parents.”

No. They used natural born subject and natural born citizen interchangeably for a number of years.

“If the writers of the 14th had wanted to say Natural-Born-Citizen, they could have done so.”

Had they done so, there would have been no improvement in understanding. By rephrasing it as they did, they put any attempt by a court to repeat Dred Scott out of reach. In essence, by passing the 14th, they gutted the Dred Scott decision - which used Vattel’s idea instead of the language of the Constitution.


49 posted on 02/07/2012 6:13:25 PM PST by Mr Rogers ("they found themselves made strangers in their own country")
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To: Mr Rogers
Here is what WKA says:

“The real object of the Fourteenth Amendment of the Constitution, in qualifying the words, “All persons born in the United States” by the addition “and subject to the jurisdiction thereof,” would appear to have been to exclude, by the fewest and fittest words (besides children of members of the Indian tribes, standing in a peculiar relation to the National Government, unknown to the common law), the two classes of cases — children born of alien enemies in hostile occupation and children of diplomatic representatives of a foreign State — both of which, as has already been shown, by the law of England and by our own law from the time of the first settlement of the English colonies in America, had been recognized exceptions to the fundamental rule of citizenship by birth within the country.”

----------------------

That may be what WKA says, but we know that interpretation is wrong by going right to the 14th Amendment's source, the Senate Judiciary Committee:

"The provision is, that 'all persons born in the United States, and subject to the jurisdiction thereof, are citizens.' That means 'subject to the complete jurisdiction thereof.' What do we mean by 'complete jurisdiction thereof?' Not owing allegiance to anybody else. That is what it means.Congressional Globe

The DNC has already admitted that Obama was born subject to the British Nationality Act of 1948. Obama owed allegiance to a foreign sovereign at birth.

50 posted on 02/07/2012 6:57:59 PM PST by Rides3
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To: MHGinTN

I respectfully disagree. Please show me in the U.S. Constitution where there are citizenship types classified as “naturalized citizen” and “native citizen”.

You will not find them because they are not there. If they were, they would distinguish their rights as being unique, distinct, and unequal under the Supreme Law of the land (the Declaration of Independence). All Citizens of the United States have the same rights under the Constitution. Natural Born Citizens have all the rights of any Citizen of the United States with the additional privilege of being eligible for the presidency.


51 posted on 02/07/2012 7:06:00 PM PST by devattel
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To: Harlan1196

Malihi opined, “... none of the testifying witnesses provided persuasive testimony”.

Yet, Obots continue with the meme Plaintiffs testified on behalf of the Defendant after Farrar complained the Defendant has not provided verifiable documentation to his satisfaction the Defendant was eligible for the office he was running for.

Consequently, Malihi ordered Defendant to appear in a pretrial Order and provide evidence he was eligible for the office. Why won’t Obama answer questions under Oath concerning his eligibility?

Is is afraid to answer questions under oath, such as:

1) Have you ever been issued a Passport from a country other than the U.S? If so, which country or countries?

2) When you applied for your SSN with the SSA, were you living in the State of Connecticut or did your legal custodian, located in the State of Connecticut, apply on your behalf? What was the name of your legal custodian in Connecticut?

3) After your 18th birthday, did you attend Occidental College as a U.S. Citizen or foreign national?

4) Are you a foreign national, now, or were you issued a Certificate of Naturalization after you completed the naturalization requirements?


52 posted on 02/07/2012 7:10:48 PM PST by SvenMagnussen (What would MacGyver do?)
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To: Red Steel

“Do so at your own peril”...wasn’t this from his memo?????? More hot air, talks cheap you friggin coward.

None of this makes sense.

The Zero regime must be using nuclear option or this government is completely hijacked and overthrown and nobody knows it yet.

This unaccountable puppet is being set up to win again and Romney set up for the perfect fall guy. Part of the RINO establishment wants Zero to win (that is squat in the White Hut illegaly again), period.

More and more it’s apparent we are in pre-restoration/revolution times and this blather is all window dressing, a legal charade, political theater; while the ruling class passes NDAA, attempts to regulate the net, it’s various police forces like FBI noting “anti-government extremists”. There’s gonna be a fight folks. Prepare and let’s win.


53 posted on 02/07/2012 7:40:16 PM PST by TheBigJ
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To: TheBigJ
“Do so at your own peril”...wasn’t this from his memo?????? More hot air, talks cheap you friggin coward.

None of this makes sense.

The Zero regime must be using nuclear option or this government is completely hijacked and overthrown and nobody knows it yet.

Take a careful look at what's being said, here:

Were FBI Agents Carrying Out Orders When They Said That Enforcing the Constitution Regarding Obama Would Cause a Civil War?

Hundreds of millions of U.S. citizens are being held hostage by the threat of a Civil War if anyone dares to successfully challenge Obama's eligibility to be President of the U.S.

54 posted on 02/07/2012 7:57:47 PM PST by Rides3
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To: TheBigJ

What you said.


55 posted on 02/07/2012 7:59:05 PM PST by little jeremiah (We will have to go through hell to get out of hell)
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To: devattel; rxsid

Hows the 1787 edition you touched and read? Seen it lately?

You know..”natural born citizens are born to citizen parents”.


56 posted on 02/07/2012 8:05:26 PM PST by bushpilot1
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To: bushpilot1

As I mentioned before, I have not seen it for quite some time. There are so few copies left, the only one I know in existance publically visible is in the Library of Congress.

Has anyone in the D.C. area visited the Library of Congress to review the document?


57 posted on 02/07/2012 8:13:50 PM PST by devattel
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To: devattel

Keep spittling your crap and maybe your brown eyes will turn blue! ... You already know that if what you claim were true then the founders would not have bothered to state qualification for the office of president as NATURAL BORN CITIZEN, they would have just said citizen, as they use the term in the 14th Amendment, which amendment was written by the guy who stated in Congressional debate that the one class of citizen over which there is no debate is NATURAL BORN CITIZEN.. So back tot he reality and your ridiculous try at limiting everything to what is precisely worded int he Constitution. Agitprop liars like you already know you’re just trying to create confusion. Piddle along now


58 posted on 02/07/2012 8:23:49 PM PST by MHGinTN (Being deceived can be cured.)
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To: MHGinTN
Your statements may be good and well, provided you have the Constitution to support your claims. Please, by all means point out in the U.S. Constitution where there are any other classes of citizenship other than a Citizen of the United States or a Natural Born Citizen.

Knock yourself out, and I wish you luck in your endeavor.

In case you are wondering, I do not believe being born in the United States as being a Natural Born Citizen, so your attack on this premise may be unfounded and a time-wasting exercise.

59 posted on 02/07/2012 8:38:06 PM PST by devattel
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To: devattel

Bless your little heart, you just can’t seem to get confusion started, can you? Stick to those talking points, poor thing, regardless of what anyone responds. Have Nice Day, agitprop.


60 posted on 02/07/2012 8:49:33 PM PST by MHGinTN (Being deceived can be cured.)
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