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Judge Malihi Rules Against Plaintiffs: Says Obama Born In Hawaii Therefore Natural Born Citizen
BirtherReport.com ^ | 2/3/2012 | Kevin Powell

Posted on 02/03/2012 2:19:38 PM PST by GregNH

We just spoke with plaintiff Kevin Powell and he reports Judge Malihi has ruled against the Plaintiffs and stated in his order that Obama was born in Hawaii and therefore Obama is a natural born Citizen.

(Excerpt) Read more at obamareleaseyourrecords.blogspot.com ...


TOPICS: Government
KEYWORDS: birthcertificate; certifigate; ga; georgia; malihi; naturalborncitizen; obama
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To: philman_36
Look at footnote 4, page 6. And footnote 6 page 10.

Footnote 4.

"definition of this clause has been the source of much debate. See, e.g.,Gordon, Who Can Be President of the United States: The Unresolved Enigma, 28 Md. L. Rev. 1 (1968); Jill A. Pryor, Note, The Natural-Born Citizen Clause and Presidential Eligibility: An Approach for Resolving Two Hundred Yearsof Uncertainty, 97 Yale L.J. 881 (1988); Christina S. Lohman, Presidential Eligibility: The Meaning of the Natural-Born Citizen Clause, 36 Gonz. L. Rev. 349 (2000); William T. Han, Beyond Presidential Eligibility: The Natural Born Citizen Clause as a Source of Birthright Citizenship, 58 Drake L. Rev. 457 (2010)"

Cites recent publications which is usually a red flag because of liberalism infiltration. Go from 1950s and back are likely to much more credible about NBC.

Looking at one cited book above by Jill Pryor ,as I recall, she is a leftist Dem living in Atlanta.

http://www.jstor.org/pss/796518

Infiltrated liberal thought permeates the country - indeed.

151 posted on 02/03/2012 3:35:03 PM PST by Red Steel
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To: bergmeid

I have to agree. There is no way O qualifies as “natural born” by his own admission in his book. I think this decision points out that whoever is at work behind the scenes, pulling the strings, has sufficient power to intimidate judges. I do truly believe that the future of this Republic will be determined at the barrel of a gun - lots of them.


152 posted on 02/03/2012 3:35:10 PM PST by majormaturity
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To: TexasCajun

>>...Isn’t that key facter in being a NBS? ...having two US citizen parents?...<<

The key “factor” in being an NBC (Natural-Born-Citizen) has been defined by the Indiana judge, and now Malihi (who relied upon the Indiana judge’s decision) as merely being born on US soil. Parents citizenship has no bearing.

We have three branches of govt. None is superior to the other — yet we seem to have this common acceptance that once a court rules, it is *final*.

I’d point to Wickard v. Filburn, this eligibility case with Obama and point out that decisions such as these defy simple, common sense.

But then, what is our recourse to right obvious judicial errors?


153 posted on 02/03/2012 3:35:25 PM PST by jaydee770
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To: for-q-clinton
I guess the argument that your dad has to be a US Citizen doesn’t apply any longer.

It never did. This was just some garbage that birthers made up.

154 posted on 02/03/2012 3:35:51 PM PST by Drew68
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To: GregNH

Does this mean that the next president will not be appointing Orly Taitz to the SCOTUS?


155 posted on 02/03/2012 3:37:18 PM PST by trumandogz
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To: MMaschin

Many are with you. And to the tools at the NSC monitoring this site, come and get some.


156 posted on 02/03/2012 3:38:25 PM PST by majormaturity
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To: MMaschin

Many are with you. And to the tools at the NSA monitoring this site, come and get some.


157 posted on 02/03/2012 3:38:37 PM PST by majormaturity
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To: longtermmemmory

‘dumb dumb and beyond dumb.” ????
How dumb are you that you think a default judgement will convinve the SOS to remove obozo’s name from the ballot.
Don’t you see that no matter what we do, they have the ‘power’ to rule anyway they want, or any way obozo tells them to !

It is dumb people like you that don’t do a thing yet point fingers at those who do it!
You are worse than the obots!


158 posted on 02/03/2012 3:38:41 PM PST by chrisnj
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To: BuckeyeTexan

if so, that much is good.

now we see if there was/is an appeal.


159 posted on 02/03/2012 3:38:41 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Red Steel; GregNH; LucyT; Kenny Bunk; WhizCodger; BuckeyeTexan; Spaulding; rxsid; David; ...
“YeS, he used the Indiana Ankeny court ruling from what I read. That thing is Swiss cheese if someone would just step up and challenge the nonsense written in it."

I agree. Malihi punted on his conclusion of law...which is the part of his ruling that can now be appealed all the way to SCOTUS, unlike the dead-end Ankeny case. Hatfield explained exactly why the Ankeny interpretation of Minor was flawed grammatically and in terms of legal construction, as has Leo Donofrio, of course.

The most important thing, IMO, and something that Obama has been trying desperately to avoid, is that Malihi accepted as a finding of fact that Obama’s Pop was not a citizen when Barry was born. Because of this, despite the tears of joy at Fogbow, Barry is now vulnerable being declared ineligible for the first time!

While Fogbowers are congratulating themselves for predicting that Hatfield and Irion threw away a default removal of Barry from the GA ballot by insisting on a hearing (opening the ability for Malihi to evade the default) a default would NOT have established a finding of fact in evidence that Barry's dad was not a citizen.

I don't think Kemp is going to disagree with this recommendation, but that will be incidental once it gets to GA Superior Court. While it will be too late to keep Barry off of the meaningless primary ballot, there is plenty of time for higher courts to act before November.

160 posted on 02/03/2012 3:41:16 PM PST by Seizethecarp
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To: longtermmemmory

We still have to see if the SOS follows it. I doubt that Kemp is going to make a decision that goes against Malihi’s.

We do not have a nation any more. We have the presumption of one, and a federal government which is not completely unrestrained by even the smallest pretense of a constitution.

I have to go vomit again.


161 posted on 02/03/2012 3:42:23 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: Georgia Girl 2

I guess we will just have to vote the POS out in Nov.
_______________________________________________

You do not really believe that is going to happen, do you? Sorry for being so cynical but reality is what it is.


162 posted on 02/03/2012 3:42:42 PM PST by iontheball
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To: jaydee770
But then, what is our recourse to right obvious judicial errors?

The amendment process.

163 posted on 02/03/2012 3:45:47 PM PST by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: longtermmemmory

And a reasonable judge, interested in getting at the truth, would have said to Orly, ARE YOU OFFERING THESE WITNESSES AS EXPERTS IN THE FIELD OF X?

And allowed her to say YES, I AM YOUR HONOUR.

And then let the witness continue with a description of their expertise.It was evident from their testimony they had the required amount of experience and background to give the evidence they gave.

Now tell me this, while you Orly-bash to your heart’s content, where are the fancy lawyers who would have done a better job of it?

Are you a lawyer?


164 posted on 02/03/2012 3:45:55 PM PST by Fred Nerks (FAIR DINKUM!)
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To: Seizethecarp

I have to admit that your post gives me some hope. But I cannot put enough hope into it. I don’t know if there will be an appeal or not. But until that damned Indiana abomination is challenged, it is GOING to be used as justification until it is gone.

Got to go puke again.


165 posted on 02/03/2012 3:46:15 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: BuckeyeTexan
When one party stipulates to certain “facts,” the judge considers them as fact agreed upon.

The only thing Irion stipulated in court was that Obama had a Kenyan citizen father. Irion gave the judge an out by introducing that forged Obama birth certificate. Irion never claimed that the document was genuine but only purported to be by Obama and his flying donkeys.

166 posted on 02/03/2012 3:46:47 PM PST by Red Steel
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To: Seizethecarp
Wouldn't the Kim decision have to be overturned for Obama to be declared ineligible?
167 posted on 02/03/2012 3:46:47 PM PST by al44
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To: Seizethecarp

“The most important thing, IMO, and something that Obama has been trying desperately to avoid, is that Malihi accepted as a finding of fact that Obama’s Pop was not a citizen when Barry was born.”

Maybe I’ve been missing something. Isn’t that a fact that Barry has admitted for many years? Has ANYONE claimed that Obama SR was a US citizen - ever?


168 posted on 02/03/2012 3:46:53 PM PST by Mr Rogers ("they found themselves made strangers in their own country")
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To: Wurlitzer

I don’t see why you say it is irrelevant when it is half of the definition of NBC.

End of freaking discussion.


169 posted on 02/03/2012 3:47:03 PM PST by little jeremiah (We will have to go through hell to get out of hell)
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To: GregNH

How can Judge Malihi both dismiss the Plaintiff’s exhibits for their failure to follow standard rules of evidence, and rely on that same material to assert that Obama was born in Hawaii? The “birth certificate” introduced was stated to be a copy of a false document, purportedly pulled off the internet, as evidence of forgery. It lacked any semblance of an official seal or chain of custody that would allow the court to rely upon it as a credible birth document. Malihi’s opinion depends on his assumption that Obama was born in the US. Where was valid evidence of this presented to his court? (Though two Plaintiff’s foolishly stipulated to this “fact” sans evidence in an attempt to be clever, the attorney in the third case did not, which means it would have to be proved in court). But as many suspected all along, you can’t beat a rigged game.

Taking this country back is going to be hard work indeed.


170 posted on 02/03/2012 3:47:35 PM PST by Chewbarkah
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To: GregNH

Sadly, I didn’t expect anything different. Obama is untouchable by our cowardly Justice System.

We are in dangerous times.


171 posted on 02/03/2012 3:48:26 PM PST by FreeAtlanta (Liberty and Justice for ALL)
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To: Fred Nerks

“where are the fancy lawyers who would have done a better job of it?”

It’s funny because they can’t see that Obama is mocking them all (judges and lawyers).

Dance monkeys. Dance.

Obama wants you to dance.

Dear Reader spits on you.

Dance monkeys. Dance.

He doesn’t have to follow the law.

Dance monkeys. Dance.

He laughs at your courts and your silly Constitution.

Dance monkeys. Dance.


172 posted on 02/03/2012 3:51:35 PM PST by Smokeyblue (Obama's got NBC problems and birth certificate problems - a bad case of Cluster F**ked.)
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To: GregNH

I guess this means the check cleared.


173 posted on 02/03/2012 3:51:59 PM PST by SpaceBar
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To: RitchieAprile

Wait til SCOTU rules it Constitutional to mandate you purchase obamacare, moron.


174 posted on 02/03/2012 3:52:51 PM PST by Las Vegas Ron (Rush Limbaugh = the Beethoven of talk radio)
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To: al44

WKA never decided anything about NBC. It decided WKA was a citizen, which was obvious by treaty with China, the 14th never needed to be interpreted. But Gray did it anyway. May he burn in hell.


175 posted on 02/03/2012 3:52:54 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: GregNH

In reading Malihi’s ruling, he appears to be explaining that Ms Taitz failed to “Daubert qualify” her expert witnesses. Without Daubert rules compliance, testimony and evidence offered by expert witnesses can’t be considered to be a finding of fact by a trier of fact. I was introduced to the Daubert rules during my Texas child custody jury trial in 2001 (I won after 19 hours of deliberation) right after the SCOTUS ruling establishing the Daubert standard.

http://en.wikipedia.org/wiki/Daubert_standard

quote

In 2000, Rule 702 was amended in an attempt to codify and structure elements embodied in the “Daubert trilogy.” The rule now reads as follows:

Rule 702. Testimony by Experts
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.
(As amended Apr. 17, 2000, eff. Dec. 1, 2000.)


176 posted on 02/03/2012 3:54:01 PM PST by Seizethecarp
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To: Red Steel

we might as well just start realizing that the NATION OF LAWS is over we are now a nation of men.
If this incident in georgia where evidence of crimes and fraud on an unprecededented level is dismissed out of political concerns, then our country is finished.
STICK A FORK IN US


177 posted on 02/03/2012 3:54:22 PM PST by Dane Holden (nation of men)
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To: visually_augmented

the only course they had?
they could have chosen truth justice and the american way.
how can evidence od social security fraud by the present in chief be entered into a court of law and no one is responsible for investigating? I guess i dont want to understand how it is possible that our country is beyond help


178 posted on 02/03/2012 3:54:28 PM PST by Dane Holden (nation of men)
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To: Red Steel
Cites recent publications which is usually a red flag because of liberalism infiltration. Go from 1950s and back are likely to much more credible about NBC.

In 1829, William Rawle wrote in A View of the Constitution of the United States, "every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity." So the Arkeny- Malihi view is not new.

179 posted on 02/03/2012 3:55:06 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: BuckeyeTexan
The plaintiffs stipulated up front that Obama was born in Hawaii.

Somehow I doubt that Orly Taitz agreed to such a stipulation. All the folks here who are so sure she is a ditz and that NBC would be ruled to mean having two citizen parents are the ones who should be ashamed of themselves. And as for Orly's expert witnesses, I'm wondering who challenged their expertise.

ML/NJ

180 posted on 02/03/2012 3:55:12 PM PST by ml/nj
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To: Red Steel
Next up should be Arpaio’s Posse criminal investigation report due sometime this month.

That's the first thing I thought of. I pray Sheriff Joe doesn't back down because he's concerned about cities burning. Let 'em burn...just like farmers used to burn fields to sterilize them.

181 posted on 02/03/2012 3:55:56 PM PST by azishot
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To: GregNH

All hope is lost. May I never visit an eligibility thread again. I’m glad I didn’t contribute any money to the cause, but I’m frustrated with myself for burning so much time on it.

It is now a settled matter (not justly, but settled), and no court in the country will reverse that course.

Those here and elsewhere who claim that there is still unpublished evidence out there against Obama held by people who are just waiting for the right moment, are either cruelly wrong or they hate this country and justice as much as any of Obama’s apologists. The moment has slipped away.


182 posted on 02/03/2012 3:56:50 PM PST by ecinkc (ugh)
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To: Smokeyblue

I recall that moment at the end of her presentation, when Orly handed all her material to the bench. I thought then, what an important moment that was. After YEARS of effort, finally comes the moment when she must have felt a great sense of relief.

I saw that moment as having tremendous import to the future of the Nation.

Little did I imagine I was possibly witnessing an END.


183 posted on 02/03/2012 3:56:49 PM PST by Fred Nerks (FAIR DINKUM!)
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To: dinodino
Does that mean Rubio and Jindal have nothing to worry about now?

They never did. Rubio was born in Miami and Jindal was born in Baton Rouge. Both are natural born citizens. The courts simply do not accept the birther definition of what a NBC is. The whole birther/birth certificate thing is a complete waste of time, will never go anywhere and makes anyone pushing it look ridiculous.

Hussein is perhaps the worst president in modern history (Carter might have been worse), and we've got people on our side wasting their time over definitions of what a NBC is that the courts clearly reject and ridiculous birth certificate conspiracies (to include such dopey things as DaVinci code like smiley faces hidden on the supposedly forged document). Geeze, get over the birther stuff already. Obama is a crappy president and can be defeated by talking about real issues.

184 posted on 02/03/2012 3:57:29 PM PST by Longbow1969
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To: Las Vegas Ron

Yep. We are F U C * E D. Screwed. The liberals may be giggling now, but they won’t be when a “conservative” government mandates they own a gun and be forced to go hunt with it, and kill bambi. Or forces them into military service. Or mandates that protest of any form is illegal. The federal F*****g government can now tell you to do ANYTHING it damn well pleases.

The Constitution is dead.

Freedom is dead.


185 posted on 02/03/2012 3:58:08 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: edge919

Malhi ruled against the claims that Obama does not have legitimate birth and identification papers.

http://www.ajc.com/news/georgia-politics-elections/judge-obama-eligible-to-1330300.html


186 posted on 02/03/2012 3:59:29 PM PST by moviefan8
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To: philman_36
“Even Ankeny stated in the footnotes that Ark wasn’t ruled a natural born citizen.”

...as did Malihi in a little teensy footnote...below his signature on the last page.

187 posted on 02/03/2012 3:59:38 PM PST by Seizethecarp
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To: ml/nj
And as for Orly's expert witnesses, I'm wondering who challenged their expertise.

No one. The judge's ruling explains (and cites the Georgia case law) what a party who wants to offer expert testimony has to do. Orly didn't do it.

188 posted on 02/03/2012 4:00:03 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Red Steel; edge919
The only thing Irion stipulated in court was that Obama had a Kenyan citizen father.

Irion stipulated to Obama's birth in Hawaii in his Opposition to Defendants Motion to Dismiss.

The matter before this Court has nothing to do with the birth place of the Defendant, nor does it assert that he is not a citizen of the United States. In fact, limited to this challenged primary election, the Plaintiff will stipulate that the Defendant was born in Hawaii, that the Defendant is a U.S. Citizen, and that the Defendant was Constitutionally-qualified to serve as a U.S. Senator.

189 posted on 02/03/2012 4:00:11 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Fred Nerks

I figured it ended in 2008. Banana Republic since.


190 posted on 02/03/2012 4:00:27 PM PST by Smokeyblue (Obama's got NBC problems and birth certificate problems - a bad case of Cluster F**ked.)
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To: iontheball
I guess we will just have to vote the POS out in Nov.

What a shame. I was was hoping we could find a way around that. Its frightening to leave this up to the American People.

191 posted on 02/03/2012 4:00:35 PM PST by Doe Eyes
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To: GregNH

This is why I stopped paying attention to these birther lawsuits. Regardless of merit, it ain’t gonna happen. It’s like Charlie Brown thinking this time Lucy won’t pull away the football.


192 posted on 02/03/2012 4:01:33 PM PST by PapaBear3625 (I'd agree with you, but then we would both be wrong.)
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To: BuckeyeTexan
“Dude, I've been trying to get that through to folks for three years. She's a cancer.”

Oh I don't know. Demonstrating how NOT to comply with the Daubert Standard will be instructive to both Taitz and the next patriot who has the opportunity to bring experts in front of a judge to testify to evidence of forgery.

193 posted on 02/03/2012 4:04:59 PM PST by Seizethecarp
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To: ml/nj

I never suggested that Orly stipulated to Obama’s birth in Hawaii.


194 posted on 02/03/2012 4:08:08 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: BuckeyeTexan

In his filings Irion screwed up, but that’s not what he said in court.


195 posted on 02/03/2012 4:09:11 PM PST by Red Steel
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To: Smokeyblue

Oh Judges,

Dear Reader will have his coffee on the veranda. He’s got a busy day of illegally running guns to Mexico. Hop to it and make it snappy.


196 posted on 02/03/2012 4:09:15 PM PST by Smokeyblue (Obama's got NBC problems and birth certificate problems - a bad case of Cluster F**ked.)
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To: Longbow1969
They never did. Rubio was born in Miami and Jindal was born in Baton Rouge. Both are natural born citizens. The courts simply do not accept the birther definition of what a NBC is. The whole birther/birth certificate thing is a complete waste of time, will never go anywhere and makes anyone pushing it look ridiculous.

Hussein is perhaps the worst president in modern history (Carter might have been worse), and we've got people on our side wasting their time over definitions of what a NBC is that the courts clearly reject and ridiculous birth certificate conspiracies (to include such dopey things as DaVinci code like smiley faces hidden on the supposedly forged document). Geeze, get over the birther stuff already. Obama is a crappy president and can be defeated by talking about real issues.

Thank you for talking sense on an eligibility thread!

197 posted on 02/03/2012 4:09:25 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Tex-Con-Man
First, until they detach Obama’s name from their pursuit, it will be dismissed as racial politics, or simply without merit...by both parties.

To be fair, many of the birther folks I see posting here are fairly consistent in the fact that they rage against the idea of Rubio or Jindal running on a Republican ticket. Those are 2 potentially very good candidates and many of the birther types make the same argument against them that they do about Obama (at least on the technical definition of what a NBC is). Yes, there are the real crackpots who think there are DaVinci code like smiley faces in the "fake" birth certificate, but at least some are consistent and focus on this one argument.

Unfortunately, they are just wrong. They ascribe to a definition of NBC that the courts simply do not accept. Constitutional scholars like Mark Levin do not agree with them either. Obama will never be ruled ineligible and neither will Rubio or Jindal. At this point, some of the birthers have invested so much emotion that they will remain spitting mad and continue pushing this birther/birth certificate stuff - but in the end it will continue to all come to nothing. Sad really, so much wasted on energy on a point that will have absolutely no effect on getting Hussein out of office.

198 posted on 02/03/2012 4:12:32 PM PST by Longbow1969
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To: Dane Holden

DH:”the only course they had?
they could have chosen truth justice and the american way.”

You must have misunderstood my intent. The “they” that I mentioned above are the plaintiffs and their lawyers.


199 posted on 02/03/2012 4:14:08 PM PST by visually_augmented (I was blind, but now I see)
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To: edge919

You are sadly mistaken. Irion stipulated to it in his Opposition to Defendant’s Motion to Dismiss. I’ve posted a link to it up thread.

The judge said Orly’s evidence had little probative value. He was not referring to the BC submitted into evidence by Irion, which was accepted into evidence by the court.

http://www.scribd.com/doc/79854233/Georgia-Welden-v-Obama-Certified-Transcript-1-26-12-Hearing-tfb

JUDGE MALIHI: Plaintiff’s 1 is in the record. (The document, heretofore marked as Plaintiff’s Exhibit Number 1, was
received in evidence.)


200 posted on 02/03/2012 4:15:51 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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