Posted on 02/09/2012 9:10:05 AM PST by Oldpuppymax
On February 3rd a much anticipated decision was issued by Georgia Administrative Judge Michael Malihi, recommending that Secretary of State Brian Kemp allow Barack Hussein Obama to appear on the state ballot as a candidate for President.
Given previous rulings by Judge Malihi in the Obama case, many had assumed things might go badly for the acting president.
Yet the judge’s 10 page decision could hardly have done more to accommodate defendant Obama and his attorney, especially in light of their having ignored court orders, subpoenas and the hearing itself.
And many of those who have reviewed Judge Malihi’s decision find it to be supported by neither fact nor law.
Of the statements made by the judge in his decision, the following are among the most objectionable to legal observers:
1.) “This decision is entirely based on the law, as well as the evidence and legal arguments presented at the hearing.” (1) p3
In actuality there was NO evidence “presented at the hearing,” in response to subpoenas or submitted pre-trial upon which Judge Malihi could base his decision, as Barack Obama provided nothing, either in documentary or verbal form. Yet Malihi states “the following FACTS are considered: 1.) Mr. Obama was born in the United States; 2.) Mr. Obama’s mother was a citizen of the United States at the time of his birth…” (my caps) (1) p6
From what evidence placed in the court record did Malihi obtain these “facts?” No one seems to know.
2.) “The Court finds the decision and analysis of Arkeny [sic] persuasive.” (1) p7
Ankeny (misspelled throughout the decision by Malihi) was a 2009, Indiana case brought by two plaintiffs who claimed Obama was not qualified to be president on the same grounds as used by at least one plaintiff in the Georgia case...
(Excerpt) Read more at coachisright.com ...
ping
Maybe you misspell Arkeny to let the rest of the world know you’ve got a gun to your head and either way, your signature or your brains will be on that ruling.
I can't imagine anyone of any intelligence believing that the ruling would have been any different from the one that Malihi handed down last Friday.
Reminds me of Reba’s words.
He was on his way home from candletop
Been two weeks gone and he thought he’d stop
At webs and have him a drink for he went home to her
Andy wo-lo said hello
He said hi what’s a doing
Wo said sit down I got some bad news that’s gonna hurt
Said Im your best friend and you know that’s right
But your young bride aint home tonight
Since you been gone she’s been seeing that amos boy seth
He got mad and he saw red
Andy said boy don’t you lose your head
Cause to tell you the truth Ive been with her myself
Andy got scared and left the bar
Walking on home cause he didn’t live far you see
Andy didn’t have many friends and he just lost him one
Brother thought his wife mustve left town
So he went home and finally found the only thing
Daddy had left him and that was a gun
He went off to andys house
Slipping through the back woods quiet as a mouse
Came upon some tracks too small for andy to make
He looked through the screen at the back porch door
He saw andy lying on the floor
In a puddle of blood and he started to shake
The georgia patrol was making their rounds
So he fired a shot just to flag em down
And a big bellied sheriff grabbed his gun and said
Whyd you do it?
The judge said guilty in a make believe trial
Slapped the sherrif on the back with a smile and said
Suppers waiting at home and I got to get to it
They hung my brother before I could say
The tracks he saw while on his way
To andys house and back that night were mine
And his cheatin wife had never left town
And that’s one body thatll be found
You see little sister don’t miss when she aims her gun
That’s the night the lights went out in georgia
That’s the night that they hung an innocent man
Don’t trust your soul to no back woods southern lawyer
Cause the judge in the towns got bloodstains on his hand
“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
On the contrary. It has been pointed out several times. One of the attorneys entered a copy of 0bama's birth certificate into evidence, using it to support that BHO Sr. wasn't a citizen. None of the other attorneys present objected.
You are right.
Anyone with a brain knew the “fix” was in.
If this country is to be saved, it will be “ the appeal to heaven” that saves it. Nothing else has the power to overcome the great evil that is about.
Irion was the only attorney in that case and he presented the evidence. How do you stipulate that the facts in your own evidence are correct? Stipulations are for those who DIDN’T present the evidence, and Obama did not stipulate in court that the facts on the “birth certificate” were accurate. None of the other attorneys were a party in his case so they didn’t even have an opportunity to contest it, as you well know.
Furthermore, where is that birth certificate right now, that Irion submitted? When did Malihi see and feel the seal on it? When did Irion validate the chain of custody - explain how he got that certified copy of Obama’s birth certificate, and who all had had custody of it before him?
Malihi invalidated Orly’s “expert witnesses” because they were not properly certified. And he argued that even a paper copy of a Passport Office document was not legally probative. So tell me what steps either Irion or Malihi did to authenticate any birth certificate for Obama that was presented as evidence. Show me in the procedure where the provenance of the document, the custody of it, the authenticating features such as a raised seal, etc were dealt with at that hearing.
Judge Malihi’s ruling in this case sets a VERY, VERY, VERY bad legal precedent. He has now paved the way in GOLD and PLATINUM for ANY defendant in a legal proceeding to arrogantly ignore the court’s requirements and walk away with a ruling in their favor.
IOW, the rule of law has been turned on its ear because a defendant NO LONGER has to offer ANY testimony or evidence in order to receive a judgement in their favor.
The way that the law operates in the US is predicated not only on the written laws, but the result of legal proceedings that establish precedents for future cases.
In this one proceeding, the judicial system in America has been trashed and completely dismantled.
I felt kinda bad before the hearing because I said I had a really bad feeling about what was about to transpire.
And then when the judge said he was going to enter a default judgment I made pineapple cream and coconut cream pie for my family to celebrate that there was an honest judge in America after all.
I think I’ll make another batch of pies so we can vomit them up this time. Like Malihi vomited up justice.
That post should be framed in gold all over the country.
I’ve spent a lot of time wrangling with these lawless critters and feel very confident to say that the lawlessness is so entrenched in EVERY foundation of this country that nothing short of a miracle of God can save us at this point.
The boa is wrapped around this country’s neck and its squeezing already has our eyes bugging out. Unless the Lord sees and has mercy on us, we are dead. We need to repent and beg for a miracle - for a rescue that is beyond anything we could do for ourselves.
Malihi didn’t need probative evidence because his decision was based entirely on “judge’s knowledge”.
Obama is dependent on a sharia ruling in order to even be on the GA ballot.
There is a pattern emerging recently that confirms reports from earlier. I posted about it at http://www.freerepublic.com/focus/news/2843995/posts?page=88#88 .
That the complainants would choose the jurisdiction, choose the judge and then insult him after losing the case doesn’t speak all that well of the strength of their case, or the quality of their counsel.
That the complainants would choose the jurisdiction, choose the judge and then insult him after losing the case doesn’t speak all that well of the strength of their case, or the quality of their counsel.
One of us is missing the point. Malihi's ruling has the weight of a legal ruling in a court of law and, as such, has established a new legal precedent. We can go back and forth about sharia law and other such topics (which I consider to be strawman arguments), but they have no impact on this ruling.
Even though Malihi is considered an administrative law judge, he is still a member of the judiciary and his rulings have the same effect as that of any other court.
IOW, this isn't about Obama, this is about the obliteration of our judicial system by a judge who ruled in favor of a defendant who neither presented a defense nor bothered to appear as instructed by the court.
I am not a lawyer, but as I understand it, when you enter a document into evidence, you are agreeing as to its validity unless you state at the time to the contrary. In this situation, Irion was using the certificate to make his case.
So at least one plaintiff agreed to the validity with no objections from the other attorneys present as to the validity of the document. Perhaps one of the freeper lawyers could enlarge upon this?
On the other hand, the rules are that expert witnesses must be certified as expert.
Ankeny is an anagram for “Kenyan”. Things that make you go hmmmmm.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.