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.
I have to admit that your post gives me some hope. But I cannot put enough hope into it. I don’t know if there will be an appeal or not. But until that damned Indiana abomination is challenged, it is GOING to be used as justification until it is gone.
Got to go puke again.
“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 Obamas Pop was not a citizen when Barry was born.”
Maybe I’ve been missing something. Isn’t that a fact that Barry has admitted for many years? Has ANYONE claimed that Obama SR was a US citizen - ever?
What happened to Leo’s amicus brief? Was it ever submitted?
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.
I can't believe you would post something like that.
The only relevant legal issue is where he was born. I have been telling you that for over four years.
The reason this case was lost is because plaintiff's counsel did not give the court the necessary kind of record to find that he was not born in the US.
Where is the court record that the Hawaii birth records identify the person who is actually in the White House?
Where in the record are the affidavits from individuals he told he was born in Kenya?
Simple case. Properly tried, it should have been won.
All this nonsense about his parent's citizenship is just that--irrelevant.