Judge Malihi Denied Obama's Motion to Dismiss in GA Ballot Challenge: More Orders Issued

ObamaRelease YourRecords ^ | Tuesday, January 3, 2012; 9:39 AM

[Red Steel]

Judge Malihi Denied Obama's Motion to Dismiss in Georgia Ballot Access Challenge: Granted Powell's and Swensson's Motion for Separate Hearings
Farrar-Welden-Swensson-Powell v Obama, Motion to Dismiss by Obama is Denied, Georgia Ballot Access Challenge

Excerpts from Judge Michael Malihi in the Order for Obama's Motion to Dismiss:

"Statutory provisions must be read as they are written, and this Court finds that the cases cited by Defendant are not controlling."

"Code Section 21-2-5(a) states that "every candidate for federal and state office" must meet the qualifications for holding that particular office, and this Court has seen no case law limiting this provision, nor found any language that contains an exception for the office of president or stating that the provision does not apply to the presidential preference primary."

"Accordingly, this Court finds that Defendant is a candidate for federal office who has been certified by the state executive committee of a political party, and therefore must, under Code Section 21-2-5, meet the constitutional and statutory qualifications for holding the office being sought."

Other Orders from Judge Michael Malihi are as follows;

Farrar-Welden-Swensson-Powell v Obama, Motion to Take Depositions Denied, Georgia Ballot Access Challenge

Farrar-Welden-Swensson-Powell v Obama, Motion to Sever Granted, Georgia Ballot Access Challenge

Please visit Article II Super PAC for the complete Orders here: http://www.art2superpac.com/georgiaballot.html

[djf]

Well, we know one thing for certain.

THERE WAS NO SUCH THING AS A PDF IN 1960!!!!

Immediately file a motion to get it tossed and GO BACK TO THE ORIGINAL DOCUMENTS!!!!

[bksanders]

Obozo’s Appointees would have to recuse…

[DrDude]

While that is true, I think this Judge will be more astute than most. If he was in the tank he would not have made this decision. If this Judge uses the basic argument that whatever the common person would need to prove, BIG O is gone. He couldn’t get a driver’s license, voter id card, etc, They should probably use the standard set by Homeland Security where ordinary citizens have to provide their life history to fly within the USA. That would be fitting for this guy. I wouldn’t worry about accepting other states ID.
Anyone can see what they want to see. This Judge is apparently had enough of this crap. I just got a Certified copy of my son’s BC to apply for driver’s permit. It cost me $20 and it took less than a minute. I did notice they now have signs that only parents with ID or the person can get a BC without a court order giving standing. I am in NJ. Signs were not there 2 years ago.

[fwdude]

Obozo’s Appointees would have to recuse…

Didn't think of that. But will they?

[goldi]

You had to pay $20! I got a raised seal copy of mine in 2002 when I wanted to fly and it cost me $1 or $2, I forget which.

[Red Steel]

They can demand the original microfilm.

No tickey, no laundry. GTF out of our White House Mr. Sobarkah.

Sometime next month Sheriff Arpaio's Posses is suppose to come out with their Obama investigation. They have alluded to that they have something of significance. Possibly a hearing delay or a continuance is in order until then.

[hoosiermama]

Does anyone know what documentation and case history support this case?

Always hold my breath when Orley is involved....sigh

[DrDude]

The BC’s used to be $5 a few years ago in NJ. Then the State took over and everything has to be on a standard state form. It does have a raised seal and is certified but the price went up quickly. should not be a problem for Big O. Most people tip that mych for a round of golf w/ cart. He’s been playing golf for free for 4 years.

[Triple]

in this instance the judge split the case, the seemingly sharpest attny is no longer arguing alongside Orly. (PS - I respect her tenacity, but she seems to be a bit sloppy.)

[Hotlanta Mike]

What document are you referring to? That’s what fogbots would like to make you believe.

A bc from Hawaii, whether valid or not, cannot make Obama “constitutionally elegible”.

[Red Steel]

Georgia Citizen wants me to correct you, but I’m just going to give you a link to his post at ORYR.

http://obamareleaseyourrecords.blogspot.com/2012/01/judge-malihi-denied-obamas-motion-to.html?showComment=1325626488586#c2493679535278502749

[Hotlanta Mike]

May Fogbotgeddon be upon them...

[Red Steel]

Read post #9. Judge Malihi details why he DENIED Obama’s Motion to Dismiss.

[PA-RIVER]

THERE WAS NO SUCH THING AS A PDF IN 1960!!!!

Good point.

For office of the president, Hawaii DOH should be ordered to dump every document they have on this guy. Everything that's sealed should be ordered unsealed. If he's been adopted, to damn bad. We have a right to see it if he wants the presidency and all the golf and Hawaii vacations that comes with it.

[PA-RIVER]

Soebarkah’s house of cards is shaking.

[Joe Marine 76]

You wrote: “Better watch your step, Judge, or Obama will hold you indefinitely without trial.”

“Opposition Research” has probably already begun on the good judge, sorry to say.

We’ll see what happens: he’ll be threatened, brow beaten or black-mailed by Obama myrmidons and tuck his tail. Just saying.... it’s “The Chicago Way.”

I’m sad for Our Nation.

[Red Steel]

The judge could dismiss if he accepts Obamas evidence. The ruling is just stating that he has to submit evidence.

Yes possible, and I have little doubt that Obama will attempt to submit to the court, if forced, an abstract, short-form COLB that Hawaii constructed from the computer data. That data is BS since it was constructed from a statement from Obama's grandma Dunham or some other witness in accordance with Hawaiian law. ...Hawaii could have even accepted Obama's word for it just a few years ago. Who knows but Hawaii and Obama and his lawyers. LoL. The data is garbage as in "GIGO" - 'Garbage In Garbage Out' in old computer lingo, and the plaintiffs have to insist for the microfilm roll and the original long form birth certificate that was initiated by the doctor and hospital.

Lawyer Hatfield should argue before Malihi by pointing out this BIG Hawaiian law loophole against Obama. As Hawaii has taken the "word" of birth witnesses.

[Smokeyblue]

This VERY good news!

[hoosiermama]

Someone needs to send this information to Sheriff Joe. He might want to send information to the Justice as a “friend of the court”

[MMaschin]

There is nothing on the COLB or the LFBC that is being disputed - so why would it need to be entered into evidence?

The argument is if the legal definition of the term 'natural born Citizen' includes citizens who were not born of 2 US citizen parents.

Since the fact that Obama was born in Hawaii, and that his father was never a US citizen is not in dispute, the COLB and LFBC has no relevance.

The only thing that is relevant is what the legal definition of NBC is. The easiest way for Judge Malihi to punt this out of his court, would have been to find a way to grant the defendants Motion to Dismiss. Since he denied the Motion to Dismiss, there really doesn't appear to be a way for this case to end that does not result in a legal definition of what exactly a NBC is.

The plaintiffs really are in a good position to argue that NBC does not include native born children of alien parent(s).

One of the reasons why a court might be willing to take this issue on, and punt the other "arrest Obama for treason" cases, is that this argument does not only effect Obama, or Democrats, there are nationally prominent Republicans (Rubio and Jindal) who would suffer from the same ruling. That may give the court a way to deflect the impartiality rhetoric.

This case will not result in Obama releasing an original BC, or anything else. What this case may do, is have a court rule that Minor v. Happersett is existing precedent on what the definition of NBC is.