Obama eligibility: NJ ALJ ducks issues
SNIP
But the judge shocked Apuzzo when, at about 7:30 p.m., he called Apuzzo to tell him that the Obama campaign had prevailed on both points. Said the judge, according to Apuzzo:
“As far as I’m concerned, Obama was born in Hawaii.”
Apuzzo could not explain how Judge Masin could rule that way, after observing in open court that neither Obama nor his surrogates had shown that he was born in Hawaii.
Within two hours, according to a deadline that Masin gave him, Apuzzo filed an exception to Masin’s ruling. Apuzzo took exception to the following:
Judge Masin ruled that Obama was born in Hawaii with no evidence on record, after acknowledging that fact during the hearing.
Judge Masin ruled that Obama need not comply with statute to show that he is eligible, solely because he need not “consent” to someone circulating a nominating petition for him.
The judge suggested that Obama might have to show eligibility later. He laid no basis for such a ruling.
The judge misread the precedents and gave short shrift to the historical evidence that the Framers of the Constitution defined “natural-born citizen” as one born in-country to two citizen parents. Apuzzo devoted half of his 30-page exception to this analysis alone.
Apuzzo plans to appeal directly to the Appellate Division of the New Jersey Superior Court. He earlier told CNAV that he was ready to argue before the State and even United States Supreme Courts if he had to.
Mario didn’t present his evidence of forgery:
“I called Brian Wilcox to testify as an internet image expert. Mr. Wilcox was going to testify on how the Obama April 27, 2011, long-form birth certificate has been altered and manipulated either by computer software or by a human or both, producing a forged documents, and that since the image is not reliable, we need to see the original paper version. Obama’s lawyer objected to my proffered testimony. I then offered that I would not need to have Mr. Wilcox testify, provided that Obama stipulated that the internet image of his birth certificate could not be used as evidence by either Judge Masin or the New Jersey Secretary of States and that he presented to the court or the Secretary of State no other evidence of his identity or place of birth.”