Farrar Motion to dismiss by Obama is denied

3Jan2012 | MICHAEL M. MALIHI, Judge

[null and void]

See both versions here

BTW, did you notice this isn't news?

This thread is in chat...

[frog in a pot]

You may be correct, but as you know the definition of NBC has two elements which can be examined and tested independently.

Lets look at the first of the elements, the threshold element - “born in the U.S.” It is in each state’s interest to verify that actors within its jurisdiction are U.S. born if so required by that state’s processes.

That is an issue that can be properly addressed by a state; no federal court is required in the process.

You are correct, of course, when you say “depending upon the officials involved this could be another grandstand play”. We will have to see whether Georgia, NH or any other state stands up and protects its statutory election procedures from fraud.

If so, the process could lead to a quick determination of ineligibility. If not, there remains the possibility of examining the second issue – two citizen parentage. This issue is not really a state issue, but rather is one better decided at the federal level inasmuch as it pertains to the interpretation of the U.S. Constitution.

[frog in a pot]

Quick P.S.

Hawaii and the documentation they may offer are not germane to the central question, "Is he eligible to run under Article II?"

KB, consider this as the issue in the instant case:
"Is he eligible to run under the election statutes of Georgia?"
We shouldn't ask Georgia to decide the two parent issue but it sure the hell can enforce its election statutes (which it appears NH is failing to do!).

[Future Useless Eater]

But as a matter of record Georgia should ask Hawaii for the documents - directly! Hawaii law allows for documents to be sent to courts in other states. If Hawaii coughs them up - great. If they do not and deflect the request then double up on the popcorn and put in lots of butter. ...

It already IS time for popcorn THIS WEEK...

         

It is my understanding that this SAME JUDGE had already ordered not only the ORIGINAL birth certificate, but also the 1961 MICROFICHE ROLL containing that original B.C... Fuddy was also COMMANDED to allow a pre-trial deposition THURSDAY January 5th in Honolulu, and I know of no way she can legally justify denying this to a judge in a court case. (Especially after Obama asked to dismiss this and Judge Malihi said NO.)

    SUBPOENA

    TO: Loretta Fuddy, Director of Health, State of Hawaii
    1250 Punchbowl Ave, Room 325, Honolulu, HI 96813

    YOU ARE HEREBY COMMANDED, to appear in court on behalf of [x]Petitioner
    [x]Sworn as a Witness
    [x]Produce the Document on the Attached List:

    Original typewritten 1961 birth certificate #10641 for Barack Obama, II issued 08.08.1961,
    signed by Dr. David Sinclair, Stanley Ann Dunham Obama and registrar Lee, stored in the 
    Health Department of the State of HI from 1961 until now, as well as the microfiche roll
    for August 1961, containing above document. Pretrial deposition will be conducted on January 5,
    2012 at 1250 Punchbowl Ave, Room 325, Honolulu HI 96813, 10 am.

    The court date, time and location are:
    Date: January 16-18
    Time: 9 am
    Location: Administrative Court, state of GA 240 Peachtree str. MW Suite 850, Atlanta, GA 30303, 
              Hon Michael Malihi presiding.

(image of the subpoena is shown here) signed by Michael M. Malihi, Deputy Chief Judge

I read this on the P/E site regarding that subpoena:

"Taitz reported that Deputy Attorney General Jill T. Nagamine wrote a letter to Taitz stating that her client, Fuddy, “will not comply with a a subpoena from Georgia,” which Taitz is attempting to enforce.

Taitz has requested to inspect the original birth record of Barack Hussein Obama as well as the original long-form birth certificate of a deceased infant born in Hawaii on August 4, 1961, Virginia Sunahara, whose long-form birth certificate was not provided to the family and the short-form birth certificate, which was provided, contained a number which was suspiciously out of sequence.

I can't find any posting of Nagamine's response letter, but I think that would shed light on how BADLY Hawaii wants to continue this cover-up, and where it is headed. Maybe Nagamine's response letter strongly influenced Judge Malihi to NOT dismiss the case this week?

I understand that Orly will instead be in Judge Nishimura's court in Hawaii on Friday January 6th, and among other things, try to force Fuddy to comply, via this PETITION FOR A WRIT OF MANDAMUS - Motion for Reciprocal Subpoena Enforcement

Does anyone know more details of how Hawaii responded to that court order for Fudddy to allow pre-trial deposition on the 5th and later appear in GA with those documents?

[Jonty30]

Love it.

I can’t wait to see how this plays out.

[caww]

there should not be a problem for them, should there? All is supposed to "be well" so there should be no problem producing all this, no? But they will fight it, of course.

I stop by your conversations just to keep a pulse on where things are at....though I have grave reservations any closer to these will not prove favorable while Obama is in office....and then there's all the laws after he leaves to protect him further.

Even so in my mind these investigations and court isssues must proceed...despite the intense stalling measure to prevent this for as long as possible.

[GregNH]

Video here and press coverage in comment # 126

[Elderberry]

“BTW, did you notice this isn’t news?

This thread is in chat... “

That’s my fault. I first found this on Orly’s site.
I first tried to post linked to her site and got Gonged.
I should have searched for another source, instead I posted without a linked source. So it got moved to chat.

[Elderberry]

Thanks!

[bluecat6]

"Sure, this aimed at Obama. But whether or not we have a Constitution is a bigger issue."

I am sold on the issue of jus saguinis. So I agree.

But it has always bothered me that the original COLB is a fraud and is easly shown to be via by comparing the Daily KOS scan and the murky Factcheck digital photos.

But since Obama leverages his name sake father he needs to take what comes with that - a lack of eligibility for the office.

[hoosiermama]

Follow the subpoenas

[hoosiermama]

Thanks. FUE

Looks like subpoena is in order. What about reason to seal/the adoption (loss of citizenship)

[hoosiermama]

IIRC birthplace of parents are listed on original documentation. SR listed as AFRICA would disqualify him if not shown he became a citizen before his birth.

SO the original BC is important in determining also the birthplace and citizenship of the parents.

Remember that instead of one of the standard catagories for race SR’s had AFRICA/AFRICAN.

[butterdezillion]

Even with jus sanguinis they’d need to know for sure who the parents are. A person is not allowed to be a witness to their own birth so any claims Obama made in a book or in public is only hearsay. As I understand it.

[OrioleFan]

Nothing to see in news - par for the course WRT Obama.

[hoosiermama]

That's why we keep the records....A person witnessing his own birth is just hearsay, as is anyone testifying to the birth except the mother, Dr or nurse in attendance. A BC just verifies that those witnesses have been documented for future legal action. NOTHING else can take the place of these original eyewitness affirmations.

If in fact the DOH in HI is not cooperating, something is very much amiss.

[butterdezillion]

If so, it could be designed to pre-empt the Cold Case Posse’s report that’s due in February and is allegedly claiming that the microfilms and original BC are needed. Maybe the Obama folks would rather have this judge look at this than Sheriff Joe’s posse so they’re scurrying to make sure it happens that way.

Hard to tell. But given that the judges have all been so rotten thus far, it’s a valid question. Unfortunately, whenever things go how they’re supposed to you can’t help but smell a rat these days because it’s so rare.

Something that occurs to me, though, is this: SCOTUS is compromised. I believe it is John Roberts who is compromised. I’ve given my theories on what may have happened to compromise him as well as the other eligibility judges, John McCain, GWB, Dick Cheney, etc. But looking at Roberts’ claim that the SCOTUS justices can be trusted to know when to recuse themselves - AFTER Sotomayor and Kagan refused to recuse themselves when specifically asked to in the Hollister case (where their own positions were at issue) - I can’t help but think that Roberts is compromised.

If so, the WORST thing that could happen would be to get a case that SCOTUS had to hear. This is why the retired military guys wanted Lakin to drop the whole eligibility thing - because the system is compromised right now and if a decision is forced it will set a binding precedent that will badly damage the country.

We do eventually need to get a ruling on NBC, but it needs to come AFTER the Obama issue is already settled through LAW ENFORCEMENT and criminal investigations. Until the facts are discovered and the fraud is prosecuted, SCOTUS will still be vulnerable to Soros threats regarding this issue.

[butterdezillion]

Exactly, and well-stated.