Appeal Filed: Case No. 2012CV211398 DAVID FARRAR VS. BARACK OBAMA

SUPERIOR COURT, Fulton Co. Ga. ^ | 2/13/2012

[Elderberry]

________________________________________ In the SUPERIOR COURT Fulton County, Georgia Case No. 2012CV211398

DAVID FARRAR, LEAH LAX, CODY ROBERT JUDY, LAURIE ROTH VS. BARACK OBAMA, SECRETARY OF STATE

Filed on 02/13/2012

Case Type: APPEAL

Judge: Cynthia D. Wright

Current Status: Filed

Defendant

Defendant Attorneys

Obama, Barack

Secretary Of State

Plaintiff

Plaintiff Attorneys

Farrar, David 2059 CAVESPRINGS ROAD CEDARTOWN, GA 30125 Pro Se Taitz, Orly 29839 SANTA MARGARITA PARKWAY SUITE 100 RANCHO SANTA MARGARITA, CA 92688

Events and Orders of the Court

02/13/2012 MOTION

02/13/2012 CASE INITIATION FORM

02/13/2012 PLAINTIFF'S ORIGINAL PETITION

[edge919]

Presuming the judge had actually entered a default judgment, the only party who could appeal would be Obama, to which the STATE would then have to defend against the appeal, not the current plaintiffs. This means it would have been up to the Secretary of State to defend its judgment and the plaintiffs arguments and evidence never get seen nor heard. Obama likely wins the appeal and the plaintiffs would be left out completely ... TWICE.

[MMaschin]

The plaintiffs REJECTED the default judgment and requested that the case be decided solely on the merits of their arguments and evidence.

The problem is that the judge made his decision on evidence that was not admitted.

There were three seperate cases, and the the judge agreed to seperate them. One of the cases - the first by Van Irions stipulated to the authenticity of Obama's birth certificate, and that he was born in Hawaii.

Even though there were three copmpletely seperate cases, the judge only issued ONE ruling. In this ruling he stated that Obama had been born in Hawaii. He based his ruling on this even though there was absolutly NO EVIDENCE presented to base this upon - at least for the other 2 cases.

It might be argued that Orly entered Obama's BC into evidence when she argued that it was fraudulent, but where the president was born never came into evidence in the case braught by Hatfield - his is the one that has a good chance of winning on on appeal.

[edge919]

And notice the judge qualifies the so-called "offer" of a default judgment. He said "ordinarily" the court would enter an order against a party that fails to participate in "any stage" of a proceeding. Sorry, but this is a meaningless comment. He could still have issued the same ruling by citing "Arkeny" [sic] which was never presented by the plaintiffs ...

The issue is that their evidence made Obama’s case for him.

This is false. The judge said their evidence had no probative value.

Obama would have agreed with everything Irion and Hatfield said about him - yes, in fact Obama senior was not a US citizen.

Sorry, this is baseless speculation.

What the judge rejected was the “two citizen parents = NBC” argument.

... without having a legal precedent upon which to make the rejection.

And that the judge decided on by researching pertinent case law as he was entitled to do.

IOW, he invented his own interpretation of what it means to be a natural-born citizen and simply "considered" that Obama was born in the United States without having any probative evidence to support the consideration.

[edge919]

The one bad thing is that this is Orly’s appeal that was linked in the OP. Even though she’s the least competent of the attorneys, she was apparently the quickest to file an appeal. Hopefully she subpoena the Kenyan coward again.

[Harlan1196]

Irion and Hatfield did not contest Obama’s birthplace. Irion went as far as to stipulate that Obama was born in Hawaii and entered Obama’s BC into evidence. Hatfield did not contest Obama’s birthplace - both cases argued that Obama was ineligible because Obama Sr was not an American citizen.

These two plaintiffs challenged Obama’s eligibility on a very specific point - his father's citizenship. As they had the burden of proof, they had to prove their case. Which, ironically they did successfully as they proved that Obama’s father was born in Kenya. Unfortunately for them the judge rejected the “NBC = two citizen parents” argument.

So from the judges perspective the only issue in front of him was the citizenship of Obama’s father. Obama’s birthplace was stipulated in one case and ignored in the other. So there was no requirement for Obama to prove where he was born.

As for Orly, her massive incompetence in presenting her witnesses and evidence made anything she had to offer irrelevant.

[Danae]

Zell Miller is one of the few democrats I actually like. If he ran for POTUS, I might actually consider voting for him.

Look up “Zell Miller and Spitballs” on Youtube. One of the BEST speeches EVER. http://www.youtube.com/watch?v=C58YAONY_hE He gave the keynote speech at the GOP convention in 2004 for George W Bush.

I just have no faith in the Judiciary.

[Danae]

Thanks for the ping!

[Harlan1196]

It will be interesting to see whose interpretation of events wins as these appeals play out.

My bet is they go nowhere.

[Danae]

Hatfield et al. didn’t offer Obama’s birth certificate as evidence. They offered a copy of it which is NOT prima facie evidence of birth in Hawaii.

Hatfield et al. did not CHALLENGE the idea he was born in Hawaii, there is a specific legal difference in that.

[Harlan1196]

Since they did not challenge Obama’s eligibility on the issue of his birthplace or did they challenge it, proving Obama’s birthplace was irrelevant to these hearings.

Irion entered a BC into evidence and stipulated that Obama was born in Hawaii. Since such a stipulation has to be acceptable to the judge and no one challenged it, it is perfectly clear why the judge accepted without question Obama’s birthplace. Looks like a tactical error on the part of the plaintiffs.

[philman_36]

Learn to read.
It would seem that I already know how to do that, else how could I have responded to your reply.

I didn't say what the basis of the appeal was.
Perhaps you should read what you wrote again...

They’re appealing Judge Malihi’s and Secretary of State Kemp’s infirm decision that Barry Soetoro is a natural-born citizen on the basis of dicta from an Indiana Appeals Court that never actually declared Obama to be a natural-born citizen.

I gave the basis of the ALJ's and SoS's decision.
Then you did a poor job of writing what you had only intended to say as you say far more than that.

[Harlan1196]

The judge only rejected Orly’s evidence - that was in the section:

“Evidentiary Arguments of Plaintiffs Farrar, et al.”

The other two plaintiffs were rejected because the judge disagreed with the “NBC = two citizen parents”. That is the next section:

“II. Application of the “Natural Born Citizen” Requirement

[edge919]

What Van Irion say to stipulate that Obama was born in Hawaii?? Where’s the direct quote??

[philman_36]

And that the judge decided on by researching pertinent case law as he was entitled to do.
Did the judge use the highest opinions available in his research of pertinent case law as he should have done?
A SCOTUS case does rank higher in precedent than a State court, doesn't it?

[philman_36]

As they had the burden of proof, they had to prove their case.
Not according to Georgia law. The person desiring to be placed on the ballot has to prove their eligibility. Shall I cite that particular law or do you already know it?

[philman_36]

My bet is they go nowhere.
Your powers of prognostication are questionable. You've already claimed the case would "go no further" and yet an appeal, which is the case going further, has been filed.
Not a good track record so far.

[FroggyTheGremlim]

So now with the appeal, will the evidence still go on record?

[edge919]

It would seem that I already know how to do that, else how could I have responded to your reply.

By NOT responding. Notice you're the only person here who is confused by what was posted.

[edge919]

The judge only rejected Orly’s evidence - that was in the section:

Do you think these things through before posting?? Why would the birth certificate be rejected in Orly's case but accepted in the other??

The other two plaintiffs were rejected because the judge disagreed with the “NBC = two citizen parents”.

... except that the judge had no legal precedent to go by, just misinterpreted dicta.

[philman_36]

You must be a horse since you're standing elbow/thigh deep in water and yet you refuse to drink. 18 Q Showing the witness what has been marked for
19 identification as Plaintiff's 1. Are you familiar with that
20 document?
21 A Yes.
22 (The document referred to was
23 marked for identification as
24 Plaintiff's Exhibit Number 1.)
25 Q What is it?
1 A It's the birth certificate that I downloaded from
2 the WhiteHouse.gov website. It's a birth certificate
3 professed to be of Barack Hussein Obama II.
4 Q And do you see an item on line 8 -- I'm sorry,
5 excuse me -- on item 11. Can you read that?
6 A Yes, item 11 says the birthplace is Kenya, East
7 Africa.
8 Q And that's referring to --
9 A That is the birthplace of the father.

Limited intent.