Obama wasn't involved in O'Brien v. Gross. Your earlier comment was that the court put the burden of proof on Obama, but this isn't the case. What happened is that Orly tried to use this citation to put the burden of proof on Obama. The rest of your post is irrelevant. The actual decision in Georgia was not based on putting ANY burden of proof on Obama, as I already noted.
You’re not reading my messages carefully.
Judge Malihi quoted Haynes v. Wells in the O’Brien v. Gross. I mentioned it to demonstrate Judge Malihi’s philosophy on a candidate/respondent duty to prove eligibility when a challenge is properly made to his/her eligibility for the office. Haynes v. Wells is quoted in many candidate eligibility cases by various Judges. It is a standard.
Orly cited O’Brien v. Gross in a letter to the GA SoS as an appeal to overturn Judge Malihi and in an appeal to GA Superior Court. She should have cited the O’Brien v. Gross in a Motion for Summary Judgement to Judge Malihi and have Obama declared ineligible for GA ballot placement.
You can’t admit it, but you’re wrong. Obama, through an authorized agent, attested he was eligible for the office of POTUS. The standard is for the candidate to appear and prove their eligibility when properly challenged. Judge Malihi ruled Obama had been properly challenged and ordered him to appear to prove eligibility and give the plaintiffs an opportunity to impeach his evidence and testimony.
Specifically, Obama’s COLB is dated Aug 4, 1961. Indonesia, a sovereign state, does not recognize Obama’s rights to privacy. Consequently, St. Francis of Assisi, Djakarta, Indonesia, provided Obama’s school record to an AP photographer. The AP photographer published Obama’s record which indicated his legal name and nationality on Jan 1, 1968 was Barry Soetoro, Indonesian. Orly’s clients were entitled to have Obama answer and be cross-examined about his post-1961 biography.