http://en.wikipedia.org/wiki/Judicial_notice
judicial notice IMO would not apply as the subject the BC is disputed hotly throughout the USA. Even if someone tried then it could be attacked. There is also best evidence rule which would allow for a certified copy then the original microfiche to be entered carrying more weight than a copy off the internet.
Res judicata with one exception I know of (patent infringement) allows different parties to litigate same facts against different defendants. I believe the same would happen for FFC clause in different states because of different eligibilty statutes.
http://en.wikipedia.org/wiki/Res_judicata
The question becomes if he is ruled ineligible in Georgia in (judgement form) will full faith and credit cause that decision to apply in all other 56 states? IMO no, but it sure would be fun seeing the clause jammed back in the obots face which they have been screaming aobut.
The point here is the certified copies were not submitted by Obama or his lawyer, why not? Does nobody want to touch that hot potato? Surely the Obama’s team could have subpoened or even just requested that Fuddy bring the original to court and testify to its authenticity? Why did neither happen?
Ah, that’s true about judicial notice. Although the judge against Lakin took judicial notice of the COLB even though its authenticity was hotly contested, so it might depend on the judge. Judge Denise Lind also did some kind of maneuver, IIRC, to keep Lakin from being able to contest the judicial notice as well, which isn’t supposed to happen.
She also took judicial notice of the certification of the electoral vote although I think that was still being contested by Kerchner (correct me if I’m wrong on that).
The Full Faith & Credit thing is why I’m interested in whether Malihi’s decision will be a ruling that Obama is not eligible, that he had not proven his eligibility, or just that he shouldn’t be on the GA ballot. If he ended up saying that Obama is not eligible because he’s not NBC that should have an impact on other states, I would think.
But then I’m not a lawyer. lol
Here is my problem with all this. Ok, let’s assume a default judgement is indeed rendered and the SOS of Georgia follows it. Ok, so Obama gets notices posted at every poling place in Georgia saying he isn’t eligible and is off the ballot. Ok fine. So the General election comes up and no Democrat is listed, or it is someone written in.
Remember, people do NOT vote for POTUS. They vote to tell their electoral College voters HOW to vote. Well, ever heard of “Faithless electors”? They are electors who vote for a POTUS candidate other than who the voters told them to. They go their own way. At that point, the Georgia electors may well just cast their votes for Obama ANYWAY.
What the heck really happened today?
Let's take a step back and look at the bigger picture.
Barack Obama's eligibility as President is not being questioned by the first two sets of attorneys -- Taitz is a separate case and another matter.
Obama is being sued, as a private citizen, to be required to show that he meets the eligibility standards to appear on a primary ballot in the state of Georgia.
The reason they can do this is that nobody has a "right" to be elected; still less, then, do they have a "right" to appear on the ballot: the political parties and/or the states have various hoops you have to jump through, and various laws.
The first two lawyers said, "He can't be eligible, can he? After all, he himself has admitted that his father was never a citizen. Regardless of where he was born."
And IIRC they submitted a subpoena duces tecum (requiring the production of certain documents, including the birth certificate) to the court. NOT as the left wing trolls would have it, to prove he was born offshore; but to show his father.
Obama didn't show up, preferring to vacation in Phoenix; and his lawyers didn't show up.
When the case didn't go away, Obama and his lawyers did the following:
1) write a letter saying "You can't make me, neener neener." This letter included reference to a case which claimed that the State of Georgia didn't have statutory authority to keep him off the ballot, and concluded by saying "...so showing up is a moot point. We win, 'cuz we said so. So there!"
2) when this didn't work they wrote a similar letter to the Georgia secretary of state.
3) Simultaneously, the treasonous vermin sycophants started the spin machine that Obama was born to single mother yada yada. ("See, I'm an orphan so it doesn't matter who my father was. He died years before I was born anyway wank wank.")
Comes the morning of the hearing, and ...no Obama, no Obama lawyers.
The judge scratches his head and says, "Well, only one party showed up. That means default judgment as to the consequences (he doesn't get on the ballot) but we don't have to rule or take into evidence the substance of any of your claims."
The various lawyers go, "No, your honor, please. We've worked so hard, let us enter some of this into the record."
His honor says "O.K." and off they go.
However, since all three cases were heard by the same judge, but along different (non-coordinated!) lines of attack, each of them argues for a different thing in a way which *might* be used to step on the toes of the others.
And so resident trolls like [censored] and [censored] go around trying to claim that if the documents have been accepted by the judge, then Obama's birth is proven.
Well, no it hasn't simply because they are not original or sworn documents. And findings of fact in one case do not automatically carry over to all other cases.
Similarly, full faith and credit won't apply here simply because there has not been a trial on the merits: one side simply failed to present any evidence, so they will not be given a spot on the ballot, since there is no intrinsic "right" to such and they failed to clear what amount to administrative hurdles.
What *is* important -- if we can get past the propaganda barrage and the RINO fears of a race war -- is, a birth certificate costs, what? Twenty-five bucks, plus another twenty-five for rush deliver? That's less than a pound of Wagyu beef.
Why is he being so secretive? What does he have to hide?
(Not only the birth certificate, but almost *everything* about his past, from ALL sources. As someone pointed out comparing him to Cain and Gingrich, where are Obama's old girlfriends?)
Cheers! Cheers!