In this astounding tour-de-force, Donofrio sums it all up. I am in awe.
However, this Amicus Curiae brief would be better read by the SCOTUS, not heard in an Administrative Hearing. Even if his ruling finds for the plaintiffs in the matter, Judge Mahili cannot order the relief they seek. The real test here is not in the Hearing Room. It is in the hearts and minds of the GA Officials who have within their power ....RIGHT NOW ... to strike the Mombasa MF from the ballot, as does every SOS in the 57 states. All Mahili can do is give them more legal basis for doing the right thing ... more than they need, if truth be told.
IMHO, all of us, including Leo, have gotten this thing Bass Ackwards. It is not us who should be bringing suit against Obama. It should be Obama in the role of Plaintiff, seeking relief from the SsOS who bar him from the ballot in their various states on Article II grounds.
It is he who has "standing." The courts would have then to decide what a "Natural Born Citizen" is. If The ALJ finds for the plaintiffs in this hearing, that should be the signal gun for the start of the contest, but by the cold light of legal dawn, Mahili can actually do very little for us
Obama has eluded capture as a defendant. Therefore, he must be made the plaintiff if we are to get justice.
And the GA SOS has already weighed in. Don't think he is in a humor to be trifled with.
Sounds like a Plan!
Excellent observation.
The approach has been prevent any other legal actions from getting to the 'discovery' phase. Thus, the only thing argued would be what was put out on partisan blogs like Fact Check, Daily KOS, etc. Note that there has never really been a legal counter punch to the the claims. And if the claims are so off there would be lots of opportunity to sue for things like defamation.
But what is happening in Georgia is not a trial, it is not even a civil suit. It is merely exercising mundane legally defined election procedure. If and even now it is still a big IF the SoS declare Obama ineligible and it is upheld on appellate review then the roles reverse. To fix this the candidate would need to become the plaintiff. Something they are not apparently at all prepared to do.
By not showing up at all today the strategy seems to be to hunker down and pray for a favorable decision. They will not even have a real chance at the appellate level since they will have no evidence on the formal record. And will not have an opportunity to introduce additional since that is not part of the defined, mundane appellate process in Georgia election law.
Even though White House Insider says all the main players are atheists that may change. All they can do now is pray for a favorable SoS decision. So the atheists may have found God today. As the real war saying goes - 'there are no atheists in foxholes'.
And today they are simply hunkered down in a foxhole as the shells drop today excising the only strategy apparently available - praying.