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Judge Malihi Rules Against Plaintiffs: Says Obama Born In Hawaii Therefore Natural Born Citizen
BirtherReport.com ^ | 2/3/2012 | Kevin Powell

Posted on 02/03/2012 2:19:38 PM PST by GregNH

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To: hoosiermama; GregNH; Red Steel; Danae

Is it being set up for the SCOTUS. Lower judges don’t like to make decisions on major issues.


Then why did Judge Malihi tell the plaintiffs earlier that he would make a default ruling aginst Zero?


141 posted on 02/03/2012 3:30:20 PM PST by little jeremiah (We will have to go through hell to get out of hell)
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To: GregNH

I have heard this as well from a different source.


142 posted on 02/03/2012 3:30:31 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: moviefan8

That bit of evidence was not accepted. That’s what the ruling says. And it was only cited for the father’s place of birth. The evidence to prove that was from different documentation, not Obama’s birth certificate. Try again.


143 posted on 02/03/2012 3:31:26 PM PST by edge919
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To: GregNH

b s
bologna sandwich


144 posted on 02/03/2012 3:31:33 PM PST by tutstar (Want pings to Aaron Klein articles and OWS nonsense?)
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To: FryingPan101; GregNH
"Stunning tragedy for the framers....and for us. Obama aside. It leaves our country vulerable to the very kind of leadership our forefathers attempted to protect us from. Foreign interests."

That's correct. Precisely what the framers were concerned with. And guess what, that specific scenario is now possible.

If simply being born in the U.S. is enough to be considered a "natural born Citizen", then the current Dauphin of France (as considered by the Legitimists) Prince Louis Duke of Burgundy would be considered POTUS eligible.

French Royal Family
Legitimist

Prince Louis was born in New York City, 2010. Yet, his father is a French and Spanish citizen (but not a U.S. citizen) and his mother is Venezuelan.

If the French decided to have another restoration of the House of Burbon, the King of France would be considered POTUS eligible.
Or, if Louis Alphonse were to be elected POTUS 1st...and then the French decided to restore the crown...wow!

Imagine that. The King of France and the President of the U.S. as one in the same.

The judge has just essentially rule that he consideres the current Dauphine of France to be POTUS!


Coat of arms of the Dauphin of France.

I believe the founders and framers would be repulsed by such a notion.

145 posted on 02/03/2012 3:31:37 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: little jeremiah

I already did. About 40 minutes ago.


146 posted on 02/03/2012 3:32:03 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: Tex-Con-Man

Agreed.


147 posted on 02/03/2012 3:32:19 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Fred Nerks

did she actually state “ I offer these witness as experts in the field of X”? Unless the attorney actually asks for them to be recognized as experts and (after any objections) they judge rules they are experts then they are not experts and can not have their testimony be expert witness testimony.


148 posted on 02/03/2012 3:32:34 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: edge919

Yes, they did. Watch the video of the hearing and see my post at #130.


149 posted on 02/03/2012 3:33:32 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Goreknowshowtocheat

Facts are no longer permitted in court.


We have just become a nation of men, not laws.


150 posted on 02/03/2012 3:34:26 PM PST by AFret. ("Charlie don't surf ! ")
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To: philman_36
Look at footnote 4, page 6. And footnote 6 page 10.

Footnote 4.

"definition of this clause has been the source of much debate. See, e.g.,Gordon, Who Can Be President of the United States: The Unresolved Enigma, 28 Md. L. Rev. 1 (1968); Jill A. Pryor, Note, The Natural-Born Citizen Clause and Presidential Eligibility: An Approach for Resolving Two Hundred Yearsof Uncertainty, 97 Yale L.J. 881 (1988); Christina S. Lohman, Presidential Eligibility: The Meaning of the Natural-Born Citizen Clause, 36 Gonz. L. Rev. 349 (2000); William T. Han, Beyond Presidential Eligibility: The Natural Born Citizen Clause as a Source of Birthright Citizenship, 58 Drake L. Rev. 457 (2010)"

Cites recent publications which is usually a red flag because of liberalism infiltration. Go from 1950s and back are likely to much more credible about NBC.

Looking at one cited book above by Jill Pryor ,as I recall, she is a leftist Dem living in Atlanta.

http://www.jstor.org/pss/796518

Infiltrated liberal thought permeates the country - indeed.

151 posted on 02/03/2012 3:35:03 PM PST by Red Steel
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To: bergmeid

I have to agree. There is no way O qualifies as “natural born” by his own admission in his book. I think this decision points out that whoever is at work behind the scenes, pulling the strings, has sufficient power to intimidate judges. I do truly believe that the future of this Republic will be determined at the barrel of a gun - lots of them.


152 posted on 02/03/2012 3:35:10 PM PST by majormaturity
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To: TexasCajun

>>...Isn’t that key facter in being a NBS? ...having two US citizen parents?...<<

The key “factor” in being an NBC (Natural-Born-Citizen) has been defined by the Indiana judge, and now Malihi (who relied upon the Indiana judge’s decision) as merely being born on US soil. Parents citizenship has no bearing.

We have three branches of govt. None is superior to the other — yet we seem to have this common acceptance that once a court rules, it is *final*.

I’d point to Wickard v. Filburn, this eligibility case with Obama and point out that decisions such as these defy simple, common sense.

But then, what is our recourse to right obvious judicial errors?


153 posted on 02/03/2012 3:35:25 PM PST by jaydee770
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To: for-q-clinton
I guess the argument that your dad has to be a US Citizen doesn’t apply any longer.

It never did. This was just some garbage that birthers made up.

154 posted on 02/03/2012 3:35:51 PM PST by Drew68
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To: GregNH

Does this mean that the next president will not be appointing Orly Taitz to the SCOTUS?


155 posted on 02/03/2012 3:37:18 PM PST by trumandogz
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To: MMaschin

Many are with you. And to the tools at the NSC monitoring this site, come and get some.


156 posted on 02/03/2012 3:38:25 PM PST by majormaturity
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To: MMaschin

Many are with you. And to the tools at the NSA monitoring this site, come and get some.


157 posted on 02/03/2012 3:38:37 PM PST by majormaturity
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To: longtermmemmory

‘dumb dumb and beyond dumb.” ????
How dumb are you that you think a default judgement will convinve the SOS to remove obozo’s name from the ballot.
Don’t you see that no matter what we do, they have the ‘power’ to rule anyway they want, or any way obozo tells them to !

It is dumb people like you that don’t do a thing yet point fingers at those who do it!
You are worse than the obots!


158 posted on 02/03/2012 3:38:41 PM PST by chrisnj
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To: BuckeyeTexan

if so, that much is good.

now we see if there was/is an appeal.


159 posted on 02/03/2012 3:38:41 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Red Steel; GregNH; LucyT; Kenny Bunk; WhizCodger; BuckeyeTexan; Spaulding; rxsid; David; ...
“YeS, he used the Indiana Ankeny court ruling from what I read. That thing is Swiss cheese if someone would just step up and challenge the nonsense written in it."

I agree. Malihi punted on his conclusion of law...which is the part of his ruling that can now be appealed all the way to SCOTUS, unlike the dead-end Ankeny case. Hatfield explained exactly why the Ankeny interpretation of Minor was flawed grammatically and in terms of legal construction, as has Leo Donofrio, of course.

The most important thing, IMO, and something that Obama has been trying desperately to avoid, is that Malihi accepted as a finding of fact that Obama’s Pop was not a citizen when Barry was born. Because of this, despite the tears of joy at Fogbow, Barry is now vulnerable being declared ineligible for the first time!

While Fogbowers are congratulating themselves for predicting that Hatfield and Irion threw away a default removal of Barry from the GA ballot by insisting on a hearing (opening the ability for Malihi to evade the default) a default would NOT have established a finding of fact in evidence that Barry's dad was not a citizen.

I don't think Kemp is going to disagree with this recommendation, but that will be incidental once it gets to GA Superior Court. While it will be too late to keep Barry off of the meaningless primary ballot, there is plenty of time for higher courts to act before November.

160 posted on 02/03/2012 3:41:16 PM PST by Seizethecarp
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