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]

"Arpaio has confirmed his “Cold Case Posse” investigating Obama’s presidential eligibility will release a preliminary report in February of its findings, which he expects to be “controversial.”

He has described the work that is going on as “a serious law-enforcement investigation” and he said the findings will be “based in facts.” Arpaio said a comprehensive report will be issued shortly after the February preliminary report.

His investigation was launched after local tea-party members expressed their concern to him about the possibility of fraud in the Obama campaign.

The investigators have experience ranging in a number of law enforcement branches, and are volunteers working without expense to Maricopa County taxpayers.

-snip-

The sheriff also confirmed the Obama investigation has broadened beyond an examination of whether or not the birth certificate made public by the White House on April 27 is an authentic document. The probe, he said, is examining Obama’s history in regard to his eligibility to be president under Article 2, Section 1 of the U.S. Constitution.

He said his team has amassed hundreds of pages of documentation and taken testimony from dozens of experts in preparation for a final phase of field investigation

In the interview with WND, he cited a tabloid’s report that the White House is in a “panic” over the investigation.

That report comes from the Globe, which cited sources inside the White House saying that Michelle Obama “is in a panic” over the review by professional investigators.

Arpaio said he has no reason to doubt the report, as the times he has been quoted by the tabloid, the quotes have been accurate.

“Someone must pick up the Globe at the supermarket and deliver it to the White House,” he told WND."

-end snip-

http://www.wnd.com/2011/12/380829/

Michelle in a panic? ;-)

[hoosiermama]

FYI

[hoosiermama]

The point I was making is if he has discovered documents that would help the Georgia case, he should make them available to the judge before he renders his decision at the end of January. February would be too late.

Links or a copy of the above finding should be sent to Sheriff Joe

[bluecat6]

Jay: THESE are the hot sheets?

Kay: Best investigative reporting on the planet. But go ahead, read the New York Times if you want. They get lucky sometimes.

[Deaf Smith]

bump

[Red Steel]

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.

Yes and no, that OBama is not a natural born citizen based on Minor v. Happersett. However, Obama has not even produced 'prima facie' in court anywhere that he was born in Hawaii or even a US citizen by birth.

From

"Attorney Mark Hatfield on behalf of Plaintiffs Kevin Powell and Carl Swensson filed a motion for severance and for separate hearing"

-snip-

"Until the moving party produces evidence or materials which prima facie pierce the pleadings of the opposing party, no duty rests upon the opposing party to produce counter evidence or materials in affirmative supporting of its side of the issue as made by the pleadings. See, eg., Guthrie v. Monumental Properties, Inc. ..."

-end snip-

Obama is going to have to argue that 1898 US v. WKA decision gave him natural born citizenship status in front of a court, but first Obama should prove and establish that he was born in the US as that has not happened. Obama has to get to first base before he even has a chance to score.

[hoosiermama]

thanks, makes things much clearer.

1. He has to prove he was born in US and his parentage (If he uses the FAUX documents of past, he faces other charges.) Can anyone request that the sealed documents be opened?

2. Then he has to prove that he qualifies as a NBC....That should be interesting because he admits his father wasn’t a citizen.

More popcorn please..............

[MileHi]

Suddenly the Hawaii vacation seems “convenient”.

[wxgesr]

Bumping wonderful!

[Danae]

Regardless of the eventual outcome.... this does give me a warm fuzzy... :) Just got to enjoy the moment just a little bit. Because if this does lead where it should, then we should be doing what ever we can to make sure that those who did the leg work, the research, the hours in brick and mortar libraries... American Heroes. They have saved our history for us!!!! You guys know who you are too!

THANK YOU!

[Danae]

LOLZ Ok that got a real giggle out of me.... Michelle in a panic? Oh I don’t see that one panicking, I see a hellova ego being threatened with its own skeletons.... that sort of thing should not be... passed off as irrelevant. I think Michelle deals with things in such a way as to get what she wants. What ever that takes. She will be angry, not scared or panicked.

[Flotsam_Jetsome]

I’ve been disappointed enough times in the past that it’s hard to get excited about new legal developments. In this case however, I’m inclined to be cautiously optimistic. The OBots at ORYR’s site seem to be getting the sharp end of the stick thus far in the comment battles. And there seems to be a surprising lack of ‘bots on this thread, this far into it.
Thanks for the Post, RS.

[Danae]

There is deep worry in Obotland right now. It is beyond their control now!

[Danae]

Isn’t it a pretty sight?

[Flotsam_Jetsome]

“There is deep worry in Obotland right now.”

Hope springs eternal. The way they’ve postured up to this point, Alfred E. Neuman has been seen taking notes on apparent nonchalance. :)

[Red Steel]

Isn’t it a pretty sight?

Yes.

excerpted from Opposition (Counsel Irion) To Defendant's Motion to Dismiss:

"The Democrat Party of Georgia's Constitutional right to determine its membership coexists with Georgia's right to govern Georgia. Georgia code does not interfere with autonomy of the political party's internal decision making because it does nothing to prohibit the parties from submitting any name to the Secretary of State for inclusion in the Presidential primary. The Party is free to submit Saddam Hussein or Mickey Mouse as their next Presidential candidate. However, Georgia is not required to accept such submissions and waste taxpayer money on ballots for such candidates.

Georgia code does not prevent the political parties from submitting any name. Instead code simply determines what the State does with the Party's list of candidates after the Party has forwarded its list to the State. See O.C.G.A Section 21-2 et seq. ... "

And moreover. "It is undisputed that President Obama’s father was never a U.S. citizen. To Plaintiffs’ knowledge Mr. Obama has never denied the fact that his father was not a U.S. Citizen, nor has he ever made any statements contrary to this fact. The U.S. Supreme Court has defined “natural-born citizens” as “all children born in a country of parents who were its citizens.” See Minor v. Happersett, 88 U.S. 162, 167 (1875). The Court in Happersett did go on to state that other sub-categories of people may or may not be within the broader term “citizen.” However, it did so only after specifically identifying the narrower category “natural-born citizens.” Id. The Happersett Court clearly understood and established that “citizen” is a much broader term than “natural-born citizens.” Its discussion of “citizen” does not negate or alter its earlier definition of the term “natural-born citizens.” See Id. at 167-168. This precedent has never been questioned by any subsequent Supreme Court. This precedent is binding.

Because it is undisputed that Mr. Obama’s father was not a U.S. citizen, the Defendant can never be a natural-born citizen, as that term was defined by the U.S. Supreme Court. Therefore, the Defendant cannot meet the Constitutional requirements to hold the office of President. See U.S. Const. Art. II Section 1.5 Georgia election code requires such a candidate to be stricken from any Georgia ballot. §21-2-5. ..."

Van Irion Attorney for Plaintiff.

These are all the players in this multifaceted challenge to Obama in Georgia. All the plaintiff lawyers are taking different attacks avenues against Obama. :-)

[little jeremiah]

Criminals are afraid, underneath it all.

Anger can mask fear.

All I can say is “HA HA HA HA HA”. I hope many more times ultimately.

[Red Steel]

Hope springs eternal. The way they’ve postured up to this point, Alfred E. Neuman has been seen taking notes on apparent nonchalance. :)

Poooor FoggyBot LorenC can't seem to "bum a car ride" to the courtroom to sneer at the Plaintiffs. Opts for the Euro train. ;-)

[bushpilot1]

:)

[cynwoody]

Who wants to bet Oh-damn-ya resigns before the shyte really hits the fan?

Not likely. The Senate is 'Rat, in case you didn't notice. And it takes two thirds of the Senate to remove a president. Not going to happen.

In the unlikely event this gets interesting, it will be about ballot access for 2012, not the removal of a sitting president.