There's nothing to indicate the judge was actually going to issue a default judgment. The plaintiffs did NOT says they wanted the case to be decided ONLY on their arguments and evidence.
“Ordinarily, the Court would enter a default order against a party that fails to participate in any stage of a
proceeding. Ga. Comp. R. & Regs. 616-1-2-.30(1) and (5). Nonetheless, despite the Defendant's failure to appear, Plaintiffs asked this Court to decide the case on the merits
of their arguments and evidence. The Court granted Plaintiffs’ request.”
The issue is that their evidence made Obama’s case for him. Obama would have agreed with everything Irion and Hatfield said about him - yes, in fact Obama senior was not a US citizen. What the judge rejected was the “two citizen parents = NBC” argument. And that the judge decided on by researching pertinent case law as he was entitled to do.
“There’s nothing to indicate the judge was actually going to issue a default judgment.”
Further, had Judge Malihi entered a default judgment, and recommended that the GA SoS remove Obama from the ballot, there is no guarantee the SoS would have done so. The Dems’ media stooges would have unleashed a 24/7 attack campaign to pressure the SoS, saying that he would be cheating the President on a mere technicality, would be rigging the election for partisan reason, would be responsible for riots, etc. Default would have been the dream scenario from Malihi’s perspective.