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Malihi overruled by Georgia Secretary of State [extrapolation from 2000 press release]
Georgia Secretary of State ^ | 02-06-2012 | edge919

Posted on 02/05/2012 11:36:44 PM PST by edge919

I just discovered this news release and hadn't seen it reported elsewhere. Our honorable Judge Malihi evidently has a tradition of being overruled by the Secretary of State. Could history repeat itself ... or maybe like the Obots have claimed, this judge is incompetent???

June 7, 2000: Georgia Secretary of State Cathy Cox today ruled that House District 29 candidate Randy Sauder will remain on the ballot as a Democratic candidate in the 2000 General Primary and General Elections. In an order signed today Ms. Cox ruled against a challenge to Rep. Sauder’s candidacy brought by petitioner Marston H. Tuck.

Secretary of State Cox rejected state administrative law judge (ALJ) Michael Malihi’s initial decision in the Sauder matter, which procedurally serves as a recommendation to Secretary Cox, the state’s chief elections official. Ms. Cox found flawed the ALJ’s interpretation of Georgia election law governing the qualification process for candidates, and endorsed the opinion and guidance of Georgia Attorney General Thurbert Baker.

She gives several points of law as to why she rejected the ALJ's decision. This one really stood out:

"First, accepting the view of the ALJ would mean that a candidate can determine his or her own qualifications ... "

Is this not deja vu all over again??


TOPICS:
KEYWORDS: birthcertificate; certifigate; naturalborncitizen; statesos
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To: philman_36
There is another choice and it's the one going on right now...keep him off of the ballot in the first place!

This choice doesn't seem to be working out so well, does it?

41 posted on 02/06/2012 2:19:13 PM PST by Drew68
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To: Fred Nerks
And THAT suggests there’s something there we shouldn’t know, correct?
Maybe. Do you know yet what has been found out about him?
42 posted on 02/06/2012 2:26:12 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Drew68
This choice doesn't seem to be working out so well, does it?
Since that route hasn't been finished to its conclusion it's hard to say just yet.
43 posted on 02/06/2012 2:28:25 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

No...I have been busy in other areas of research. Is there more?


44 posted on 02/06/2012 2:30:35 PM PST by Fred Nerks (FAIR DINKUM!)
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To: philman_36
Since that route hasn't been finished to its conclusion it's hard to say just yet.

No, not really.

In fact, when predicting the outcome of birther lawsuits, I've never been wrong.

45 posted on 02/06/2012 2:35:22 PM PST by Drew68
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To: Fred Nerks
Is there more?
Not much that I've seen. Apparently he's of Iranian descent. That's about it.

It seems that finding out anything about him is about as difficult as finding out anything about the WH resident.

There is something on @Dr. Orly Taitz's website.
Mahmood Malihi is Judge Michael

46 posted on 02/06/2012 2:41:10 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Drew68
In fact, when predicting the outcome of birther lawsuits, I've never been wrong.
There's a first time for everything.
47 posted on 02/06/2012 2:48:03 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: edge919
“It is an established maxim, received by all political writers, that every person owes a natural allegiance to the government of that country in which he is born. Allegiance is defined to be a tie, that binds the subject to the state, and in consequence of his obedience, he is entitled to protection… The children of aliens, born in this state, are considered as natural born subjects, and have the same rights with the rest of the citizens.”
Zephaniah Swift, A system of the laws of the state of Connecticut: in six books, Volumes 1-2 of A System of the Laws of the State of Connecticut: In Six Book, pg. 163,167 (1795)
http://press-pubs.uchicago.edu/founders/documents/a1_2_2s6.html
The following is an enormous list of legal citations, from Obama operatives, but you need to know what you are up against:
http://nativeborncitizen.wordpress.com/natural-born-quotes/
James Madison, The Founders’ Constitution Volume 2, Article 1, Section 2, Clause 2,
Madison:
It is an established maxim that birth is a criterion of allegiance. Birth however derives its force sometimes from place and sometimes from parentage, but in general place is the most certain criterion; it is what applies in the United States; it will therefore be unnecessary to investigate any other.
http://www.scribd.com/doc/79655719/James-Madison-on-Contested-Election-Citizenship-And-Birthright-22-May-1789-House-of-Representatives
48 posted on 02/06/2012 2:52:10 PM PST by Kansas58
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To: Fred Nerks
I guess I was wrong about fishing the other day.

Somebody looks into it and, by God, since it's so easy to find out, the person finds out that Bubba Joe really is from Texas.

49 posted on 02/06/2012 2:53:47 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: null and void

Thanks for the Ping!


50 posted on 02/06/2012 2:57:24 PM PST by Flotsam_Jetsome (If not you, who? If not now, when?)
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To: Kansas58

Amazing! You've learned to make links!

@The Sense of the Senate Resolution was appropriate in that case and it conflicts with nothing I have posted, here.

@Is that Sense of the Senate Resolution law?

51 posted on 02/06/2012 2:57:37 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Kansas58
It is an established maxim, received by all political writers, that every person owes a natural allegiance to the government of that country in which he is born.
So if it turns out that Malihi was born in Iran does that maxim still hold?
52 posted on 02/06/2012 3:04:13 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
Well, the birther crowd must, first, be shown that their own citations, comprehension, interpretation and law are wrong.

Then? You show the Birthers that MOST of the Founders did not agree, at all, with their weird legal theory.

Did you notice that Madison, the FATHER OF THE CONSTITUTION, is quoted as saying that the Constitution is rather silent on matters you claim are so clear cut?
It were to be wished, that we had some law adduced, more precisely defining the qualities of citizen or an alien; particular laws of this kind have obtained in some of the States; if such a law existed in South Carolina, it might have prevented this question from ever coming before us; but since this has not been the case, let us settle some general principle before we proceed to the presumptive proof arising from public measures under the law, which tend to give support to the inference drawn from such principles.It is an established maxim, that birth is a criterion of allegiance. Birth, however, derives its force sometimes from place, and sometimes from parentage; but, in general, place is the most certain criterion; it is what applies in the United States; it will, therefore, be unnecessary to investigate any other. Mr. SMITH founds his claim upon his birthright; his ancestors were among the first settlers of that, colony.”

James Madison

53 posted on 02/06/2012 3:07:21 PM PST by Kansas58
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To: philman_36
Mahmood Malihi...

IS HAWAIIAN? LOL!

54 posted on 02/06/2012 3:13:35 PM PST by Fred Nerks (FAIR DINKUM!)
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To: Kansas58
Zephaniah Swift, A system of the laws of the state of Connecticut: in six books, Volumes 1-2 of A System of the Laws of the State of Connecticut: In Six Book, pg. 163,167 (1795)

Wow, Swift sounds like a good student of English common law, however the charter of Connecticut of 1662 slightly disagrees with his opinion since it strictly emphasizes that the children of other subjects are the ones who become natural-born subjects.

AND FURTHER, Our will and pleasure is, and WEE DOE for vs, our heires and Successors, Ordeyne, Declare and Graunt vnto the said Governour and Company and their Successors, That all and every the Subjects of vs, our heires or Successors which shall goe to Inhabite within the said Colony, and every of their Children which shall happen to bee borne there or on the Sea in goeing thither or returneing from thence, shall have and enjoye all liberties and immunities of free and naturall Subjects within any the Dominions of vs, our heires or Successors, to all intents, Construccons and purposes whatsoever, as if they and every of them were borne within the Realme of England,
James Madison, The Founders’ Constitution Volume 2, Article 1, Section 2, Clause 2, Madison:

It is an established maxim that birth is a criterion of allegiance. Birth however derives its force sometimes from place and sometimes from parentage, but in general place is the most certain criterion; it is what applies in the United States; it will therefore be unnecessary to investigate any other.

Madison's NEXT sentence:

Mr. Smith founds his claim upon his birthright; his ancestors were among the first settlers of that colony.

I'm not chasing after a blog page to see if it has something meaningful. So far, it's two swings and two strikes.

55 posted on 02/06/2012 3:22:06 PM PST by edge919
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To: Fred Nerks
I found this also.
@Dr. Orly Taitz Did Malihi knew Obama? Did they go to school in Boston the same time?

Yes, in Boston also:
US PUBLIC RECORDS INDEX:
Michael M Malihi
Birth Date: 6 Aug 1959
Address: 4 Longfellow Pl Apt 2411, Boston, MA, 02114-2821 (1988)
[30 Irving St Apt 3, Cambridge, MA, 02138-3038 (1986)]

Some interesting questions there.

Aside...This leads me to ask myself whether or not seeking out the background of a public servant, since he has nothing on his biography page, is a racist act or not.
It doesn't seem like it to me.

56 posted on 02/06/2012 3:25:39 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Kansas58

How about you answer the question I posed to you the other day.


57 posted on 02/06/2012 3:27:29 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: edge919
Obama is laughing at you, and at all birthers.
You have no case!

If you would simply pay attention to dates and time lines, you would see that the Common Law of Connecticut NO LONGER APPLIED AFTER RATIFICATION of the Constitution.

You would also see that an expert on the law, from the Revolutionary period, disagrees with you entirely.

You would also see that the Father of the Constitution, James Madison, makes clear that citizenship issues, post Constitution, were still not clear-cut.

Obama will hand you your head on this one.

You are all on a fools’ mission.

There is no Earthly way that you will ever win.

58 posted on 02/06/2012 3:31:30 PM PST by Kansas58
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To: chainsaw
I have no doubt that Romany will fold half way through the campaign.

Romney is not our candidate. At least not yet.

59 posted on 02/06/2012 3:32:02 PM PST by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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60 posted on 02/06/2012 3:36:26 PM PST by TheOldLady (FReepmail me to get ON or OFF the ZOT LIGHTNING ping list)
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