Another important factor is who has the ultimate burden of proof. As I see it is on Obama once his eligibility is challenged by a Georgia citizen. The burden of proof standard is usually preponderance of the the evidence. The only way the ALJ can rule in favor of Obama on the motion is if he is bought out or threatened. The case has to go to trial on the merits if the ALJ is going to be able to come up with findings of fact and recommendations for the Sec of State.
It's just a hearing. No trial.
I am caught driving without a license in GA.
They impound my car. The Judge gives me a week to come back with a PA license. I come back and tell him he's not entitled to see it, and I intend to drive in his state without one.