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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: presently no screen name

“So they are saying all citizens born in the US are natural born citizens completely opposite of what the Constitution says.”

How can that be the opposite of what the Constitution says when the Constitution contains no definition of natural born citizen?


251 posted on 02/03/2012 5:02:44 PM PST by tired_old_conservative (.)
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To: presently no screen name

Goin’ galt. Ayn was ahead of her time.


252 posted on 02/03/2012 5:03:47 PM PST by ez (When you're a hammer, everything looks like a nail.)
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To: Smokeyblue
Can anyone just submit website images?

Actually, that's how it should work. Instead of showing a paper certificate, you would provide an HTTPS link to whichever agency holds your original certificate. In this case, that would be the Hawaii Department of Health. The link would return your information, duly certified. That would be far more secure than paper.

253 posted on 02/03/2012 5:04:23 PM PST by cynwoody
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To: cynwoody

“Can anyone just submit website images?

Actually, that’s how it should work.”

Except in cases like this:

“JUSTIA.COM SURGICALLY REMOVED “MINOR v HAPPERSETT” FROM 25 SUPREME COURT OPINIONS IN RUN UP TO ’08 ELECTION.”

http://naturalborncitizen.wordpress.com/2011/10/20/justia-com-surgically-removed-minor-v-happersett-from-25-supreme-court-opinions-in-run-up-to-08-election/


254 posted on 02/03/2012 5:07:37 PM PST by Mortrey (Impeach President Soros)
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To: Danae
but they won’t be when a “conservative” government mandates they own a gun and be forced to go hunt with it,

I dunno....I might celebrate that my self.

It would sure go a long way in eliminating libs...

LOL!!! Just kidding....kind of {;^)

255 posted on 02/03/2012 5:08:56 PM PST by Las Vegas Ron (Rush Limbaugh = the Beethoven of talk radio)
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To: Smokeyblue

“No I’m not confused. I’ve been reading his posts on the eligibility threads since 2008. That is my opinion.”

Oh, okay.

“By the way, all the Obama lovers have come out to gloat on this thread.”

No gloating here; weeping for the passing of our constitutional republic perhaps, but no gloating. :(


256 posted on 02/03/2012 5:12:09 PM PST by Flotsam_Jetsome (If not you, who? If not now, when?)
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To: Flotsam_Jetsome
Cross referencing the Plaintiff's response thread.

Georgia Judge Rules Against Plaintiffs: Attorney Mark Hatfield "taking it up on appeal"

"First, the Judge never made any ruling on who has the burden of proof even though he indicated in chambers prior to the hearing that making the determination of the burden of proof laid with Defendant Obama." He went onto state "the Judge has a record of placing the burden on the candidate, but didn't do so in this case." Another point Hatfield made was the “Indiana Court of Appeals ruling in Arkeny elevates the Indiana case above the Constitution" while also noting the Judge ignored the Minor court in Minor v Happersett, a ruling"

257 posted on 02/03/2012 5:18:51 PM PST by Red Steel
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To: Longbow1969
Obama is a crappy president and can be defeated by talking about real issues.

Like when SCOTUS shoves obamacare up you azz?

Will that be a real enough issue for you?

Can't wait to come on here and tell you to just "get over it" because the "courts" simply do not fit your definition of "Constitutional".

258 posted on 02/03/2012 5:18:51 PM PST by Las Vegas Ron (Rush Limbaugh = the Beethoven of talk radio)
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To: freepersup; Drew68
He's not gloating. He's simply stating a fact, something this whole circus has long needed to understand.

I said ages ago that no court in the land would recognize Orly's witnesses as experts because, by the law of what constitutes expert testimony, they are obvious jokes.

I said ages ago that the decision rendered in Arkeny (the Indiana case) was obvious on its face and would be the decision reached by any court asked.

Clinging to fantasy's that have zero chance of ever being realized does neither the individual or conservatism any good. If you want Obama out of office, stop whining and start working for your local Republican organization to get out the vote. It's what I do.

You are now free to shriek “Obot!” and “Traitor!”

259 posted on 02/03/2012 5:24:12 PM PST by tired_old_conservative (.)
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To: cynwoody; DoctorBulldog
Actually, that's how it should work.

Shirly you jest....

Yeah, here's my "Birth Certificate:"

Credit to: DoctorBulldog

Great poster, btw!

260 posted on 02/03/2012 5:24:14 PM PST by Las Vegas Ron (Rush Limbaugh = the Beethoven of talk radio)
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To: frog in a pot
No worries.

Besides, I just realized I need to correct my earlier post:

The judge has just essentially rule that he consideres the current Dauphine of France to be POTUS! ---> The judge has just essentially rule that he consideres the current Dauphine of France to be POTUS eligible!

Imagine that! An actual real life foreign prince (who has U.S. citizenship) can now be considered eligibile to be our Commander in Chief!

Who in their right mind beleives 1) this is OK and 2) what the framers intended?

Stunning.

261 posted on 02/03/2012 5:24:36 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: tired_old_conservative

Are you serious?


262 posted on 02/03/2012 5:27:31 PM PST by freepersup (Hi, I'm Michael Jablonski, and right about now my you know what is tighter than a tree's rings.)
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To: Lurking Libertarian; jaydee770
To argue that the founding fathers, intended for anyone with a foreign birth allegiance to become POTUS is silly in the extreme, else why differentiate between “Natural Born Citizen” for President and just “Citizen” otherwise?

They did it to exclude naturalized citizens. They were thinking of the situation, which was not uncommon in those days (think of William and Mary), of the royalty from one country coming to another country to rule.

The Founding Fathers (it has been said before) lived in a world where journeys between countries could be measured in months, not hours. Once in a country there was strong incentive to put down roots. We live today in a world where we can set foot in several different countries across the globe in the space of a week.

I believe in the days of the Founders, a "natural born citizen" was a child of citizens of a country, born in the country, because these were the people who had committed to settling in a land that took some effort to travel to.

As an aside, how many stories in science fiction where travel between countries or even planets could be instantaneous, was the topic of citizenship of a country (or planet, or galaxy) ever explored? It's taking the difference in travel logistics between our time and the Founders' time and ratcheting it up a bit.

263 posted on 02/03/2012 5:31:30 PM PST by thecodont
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To: Las Vegas Ron
Shirly you jest....

Yeah, here's my "Birth Certificate:"

You'd have to hack the HDoH's server. Failing that, Photoshop or other forgery skills would be irrelevant.

264 posted on 02/03/2012 5:32:21 PM PST by cynwoody
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To: Flotsam_Jetsome; Smokeyblue
No gloating here; weeping for the passing of our constitutional republic perhaps, but no gloating. :(

Funny how it's always the same ones who crawl out of the wood work, isn't it?

I used to love it when they would post that the system is too corrupt for any Court or politician to rise against obama, you know riots etc., but then would continue to insist we have to do it through the oh so honest electoral process.

Can't tell you how many times I almost sacrificed my monitotor over those....

265 posted on 02/03/2012 5:35:58 PM PST by Las Vegas Ron (Rush Limbaugh = the Beethoven of talk radio)
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To: LucyT

Thanks for the Ping. I guess. :(


266 posted on 02/03/2012 5:36:58 PM PST by Flotsam_Jetsome (If not you, who? If not now, when?)
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To: freepersup

“Are you serious?”

Yep. Because decades of legal experience make the answer obvious, and every single court case to date has unfolded exactly as I said it would, thereby validating said experience and judgment against actual external reality (i.e., not the reality residing in my own head).

Wanting something to be true, no matter how badly, doesn’t make it a serious position.


267 posted on 02/03/2012 5:37:53 PM PST by tired_old_conservative (.)
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To: Las Vegas Ron

I’m contacting Chuck Norris... it’s on.


268 posted on 02/03/2012 5:38:57 PM PST by freepersup (Hi, I'm Michael Jablonski, and right about now my you know what is tighter than a tree's rings.)
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To: cynwoody
You'd have to hack the HDoH's server.

LOL, no snark intended but that is really quite naive thinking.

First, no server is secure from hackers, even the DOD has been compromised.

Second, it would be way too easy to pay some one off on the inside to change and/or replace whatever you wanted to with another file.

Really, you need to rethink your position.

269 posted on 02/03/2012 5:41:41 PM PST by Las Vegas Ron (Rush Limbaugh = the Beethoven of talk radio)
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To: tired_old_conservative

Eh- then ya’ takes your chances.


270 posted on 02/03/2012 5:42:24 PM PST by freepersup (Hi, I'm Michael Jablonski, and right about now my you know what is tighter than a tree's rings.)
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To: GregNH

maybe obama’s crooked team paid the judge off?


271 posted on 02/03/2012 5:46:58 PM PST by television is just wrong
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To: tired_old_conservative; freepersup
You still trolling these threads?

Why don't you take your tired ol azz outta here do do some crocheting or something?

Then post a thread about it, we'll come along and tell you how you're doing it wrong.

272 posted on 02/03/2012 5:49:41 PM PST by Las Vegas Ron (Rush Limbaugh = the Beethoven of talk radio)
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To: freepersup
“Eh- then ya’ takes your chances.”

Ya’ takes your chances every time ya’ decide to get out of bed. I just prefer to see things as they are.

273 posted on 02/03/2012 5:52:24 PM PST by tired_old_conservative (.)
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To: tired_old_conservative

“Obot!” and “Traitor!”

(Said shriekingly)


274 posted on 02/03/2012 5:52:31 PM PST by El Sordo (The bigger the government, the smaller the citizen.)
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To: Hang'emAll

Yeah.

I have a 11 yr old and a 6 yr old. I cannot force myself to consider the state of the world they are going to live in.


275 posted on 02/03/2012 5:52:36 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: El Sordo

Touche.


276 posted on 02/03/2012 5:53:37 PM PST by tired_old_conservative (.)
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To: Las Vegas Ron

“Well said dear Lady....even worse is that the electoral process seems to be in about the same shape. “

True that.

I went and bought lottery tickets. WTH... it’s our best bet now in this damned welfare state.


277 posted on 02/03/2012 5:54:12 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: Mr Rogers
“What makes you think this is on a path to the Supreme Court?”

Upthread it is reported that Hatfield has already said he will appeal...presumably all the way to the GA or US Supreme Court. Hatfield will appeal Malihi's Ankeny/WKA-based conclusion of law that at birth a citizen can be NBC even with a non-citizen father.

278 posted on 02/03/2012 5:59:55 PM PST by Seizethecarp
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To: El Sordo

And let me just note, for the record, that I have never lost a case where the opposition failed to show up. That takes a very special level of talent.


279 posted on 02/03/2012 6:03:21 PM PST by tired_old_conservative (.)
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To: Danae
I went and bought lottery tickets. WTH... it’s our best bet now in this damned welfare state.

Either that or get in, get yours and screw the rest.....no matter what it takes.

I'm finding it very hard not to release a fuselage of cuss words right now, just damn...grrrrrr

280 posted on 02/03/2012 6:03:52 PM PST by Las Vegas Ron (Rush Limbaugh = the Beethoven of talk radio)
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To: Flotsam_Jetsome

So we are now officially Zimbabwe.


281 posted on 02/03/2012 6:06:05 PM PST by little jeremiah (We will have to go through hell to get out of hell)
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To: Danae

I watched the Soviet (Russian) Revolution and it was amazing. From what I remember. The President of Russia was out of town and Moscow was full of citizens running a muck.

The interesting thing was the only people in charge were the government managers and none of them had the b*lls to say kill everyone now. Stalin or another dictator would have.

So things can change very fast when it comes to a head and no one in charge has any skin in the game.

That is the only positive thing I can say.


282 posted on 02/03/2012 6:06:21 PM PST by Hang'emAll (Ride to the sound of the guns!)
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To: Las Vegas Ron

Yep. It’s amazing how happy they are that a candidate doesn’t have to prove eligibility.

What’s even funnier (in a sick way) is that they are cheering on the lawlessness and loss of their freedom.

Imagine a candidate actually telling the judge and his court to get screwed and the judge faults those who challenged the candidate.

This judge has discriminated against every citizen in Georgia because he would never let anyone else get away with what he let Obama get away with.

If this judge wants to debase and de-value his own court what more can you expect but than a ruling for the dictator.


283 posted on 02/03/2012 6:06:32 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: Danae
I look forward to Leo Donofrio’s amicus brief in support of Hatfield's appeal which will take apart Malihi’s failure to read correctly the NBC holding in MvH, much less apply proper legal construction to the holding!
284 posted on 02/03/2012 6:10:35 PM PST by Seizethecarp
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To: Seizethecarp; LucyT; Fred Nerks; Brown Deer; Red Steel; GregNH; Kenny Bunk; WhizCodger; ...
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.

I can't believe you would post something like that.

The only relevant legal issue is where he was born. I have been telling you that for over four years.

The reason this case was lost is because plaintiff's counsel did not give the court the necessary kind of record to find that he was not born in the US.

Where is the court record that the Hawaii birth records identify the person who is actually in the White House?

Where in the record are the affidavits from individuals he told he was born in Kenya?

Simple case. Properly tried, it should have been won.

All this nonsense about his parent's citizenship is just that--irrelevant.

285 posted on 02/03/2012 6:10:48 PM PST by David
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To: Las Vegas Ron
First, no server is secure from hackers, even the DOD has been compromised.

Just as no paper document is secure from forgers. Actually, the typical birth certificate's document security is laughable compared to that of US currency.

With a birth certificate, the ultimate recourse is to check with the alleged issuer to confirm or refute validity. An HTTPS server would reduce that process to a single click. The ability to check with the issuer easily would reduce the likelihood of fraud way below what it is having to rely on a paper document's physical appearance — whether it has a raised seal, whether the issuer's signature stamp looks right, etc. What a joke!

Banks, brokers, and credit card companies all use HTTPS servers successfully. Their rate of fraud is not zero, but it is very low. Way lower than the government's, as Newt likes to point out.

Second, it would be way too easy to pay some one off on the inside to change and/or replace whatever you wanted to with another file.

No easier than it is now.

286 posted on 02/03/2012 6:11:22 PM PST by cynwoody
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To: Smokeyblue
Why are so many “so-called” conservatives so hostile to their own country? We do not have a dictator, and he will leave office in January of 2013 if enough malcontents get off their dead rears and actually work for a change.

No one’s happy that a candidate doesn't have to prove his eligibility. The sane world simply recognizes that he has proven it. You can either lapse into self-pitying delusion about that, or you can work to defeat him in an actual election.

It's not a test of his character. It's a test of ours.

287 posted on 02/03/2012 6:14:49 PM PST by tired_old_conservative (.)
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To: Seizethecarp

How many cases has the US Supreme Court refused to hear? Are we in triple digits yet?

Realistically, does anyone REALLY think the current US Supreme Court would overturn WKA’s dicta and force Obama from office? On what basis - Minor? YGBSM!

When the Rev Wright tapes surfaced, I KNEW Obama couldn’t survive. No one could listen to those sermons for 20+ years unless he hated America. No one would vote for him - but the majority did.

And when it turned up that Obama supported killing any baby born during a botched abortion, I KNEW that no Christian could ever vote for him - yet my sister, a long time missionary, did.

Now I’m supposed to believe that the Supreme Court has at least 5 votes to say, “Oops! We should never have allowed Obama to take office!”??????

Sorry. Hell, we can’t even get Newt on the ballot in Virginia on the GOP primary!

Although we strongly disagree with each other on the law concerning NBCs, I’ll admit I’ve become increasingly bitter about the power that be in this country. I spent 25 years in the military, and retired to find the country I had defended was no longer recognizable to me.

Mitt for the GOP candidate? Mr Gay Pride Mitt? Running as a REPUBLICAN?!?!?! Pro-abort, faggot-loving Mitt?


288 posted on 02/03/2012 6:16:59 PM PST by Mr Rogers ("they found themselves made strangers in their own country")
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To: tired_old_conservative

Uh... you just made a significant point. See if you can figure out what point you just made in your post. CLUE: it’s not the point you were trying to make.


289 posted on 02/03/2012 6:17:46 PM PST by freepersup (Hi, I'm Michael Jablonski, and right about now my you know what is tighter than a tree's rings.)
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To: rxsid

This example of the Prince of France is timely.

We must be patient in this case. Should the plaintiffs move forward, it WILL make the Supreme Court on its merits.

It would be wise for the defendent to bow out prior to November, or the legitimacy of this “first black presidency” will be at risk 100 percent.


290 posted on 02/03/2012 6:22:49 PM PST by devattel
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To: tired_old_conservative

“We do not have a dictator”

Speak for yourself.

This guy has not proven he’s eligible regardless of what you think.

This guy won’t even provide a certified copy of his original birth certificate in a court of law. He won’t even show up to argue why according to the Constitution he is eligible.

Three word for you: Fast and Furious.

He doesn’t care about the Constitution. Get it?


291 posted on 02/03/2012 6:22:53 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: Las Vegas Ron

Betcha I’m thinking of the same cuss words as you. What a sad, sad day. This is one time that I’m glad my dad isn’t here to witness this mess. Sometimes I think I should write a letter to our grandchildren to read when they get older and try to explain to them how it ever came to this.


292 posted on 02/03/2012 6:22:53 PM PST by azishot
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To: jaydee770; LucyT; Fred Nerks; Brown Deer; Seizethecarp; Red Steel; GregNH; Kenny Bunk; ...
>>...Isn’t that key facter in being a NBS? ...having two US citizen parents?...<<

No. Citizenship of the parents is not relevant.

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.

Correct. That is the law. That is how the Supreme Court of the United States will decide the case if the issue ever reaches it.

And, as the Congressional Research Service Opinion spells out in simple terms that anyone can understand, that is what was intended.

A person born outside the United States is born under the sovereignty of some other state which would then have jurisdiction to dictate his acts. A person born inside the United States is subject, at birth only to the sovereignty of the United States.

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

There is no judicial error here. On the record before him, the judge made the correct decision exactly as forecast.

293 posted on 02/03/2012 6:23:24 PM PST by David
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To: cynwoody
No easier than it is now. That is actually not true. With documents there a paper trails that are left in very inconspicuous places...an old newspaper kept in the attic, an old BC that obama said he found in a book....

Heck, I found a clip from an old article when I was hit by a Sears truck when I was 4 years old in my Mom's old keep sakes.....from 1965

Funny thing is, it's on the Internet too under Ancestry.com, but I have a paper copy to compare it to and verify its legitimacy. If everything is digitized and paper is eliminated, well you can surly see the problems with that.

Why do you think they might want to eliminate paper ballots?

294 posted on 02/03/2012 6:23:42 PM PST by Las Vegas Ron (Rush Limbaugh = the Beethoven of talk radio)
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To: freepersup

“Uh... you just made a significant point. See if you can figure out what point you just made in your post. CLUE: it’s not the point you were trying to make.”

It’s a in joke to one of the rational folks on this issue who is aware of Orly’s inability to actually frame or state a valid legal case for anything.

One can legitimately lose a case when the opposition fails to show up. You simply have to demonstrate breathtaking incompetence and foolishness in presenting your side.


295 posted on 02/03/2012 6:25:32 PM PST by tired_old_conservative (.)
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To: GregNH
Dual citizens qualify for the presidency.

There's no longer any need for Obama to hide his Kenyan passport, Indonesian passport, .... etc...

Jack up the Kenyan foreign aid for cousin Odinga, you go Obama!

296 posted on 02/03/2012 6:25:55 PM PST by PA-RIVER
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To: Seizethecarp
I don't understand this loyalty to Leo Donofrio. Not only has he had his ass handed to him every time he walks into a courtroom but he is a total blank from the legal perspective before the birther movement started. He is a legal cypher - no publications, no significant cases. What makes him a Constitutional scholar in your eyes?
297 posted on 02/03/2012 6:28:06 PM PST by Harlan1196
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To: freepersup

“Uh... you just made a significant point. See if you can figure out what point you just made in your post. CLUE: it’s not the point you were trying to make.”

Great point. It’s completely lost on him. Hahaha.


298 posted on 02/03/2012 6:28:11 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: Smokeyblue

Four words for you: Take a Deep Breath.


299 posted on 02/03/2012 6:28:14 PM PST by tired_old_conservative (.)
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To: David

>>> The reason this case was lost is because plaintiff’s counsel did not give the court the necessary kind of record to find that he was not born in the US. <<<

Is that REALLY what George Washington was thinking?

??? We absolutely MUST have a citizen of the world as Commander in Chief with a KENYAN father. ???

What the hell kind of Chablis are you into tonight, because I want some?


300 posted on 02/03/2012 6:32:59 PM PST by freepersup (Hi, I'm Michael Jablonski, and right about now my you know what is tighter than a tree's rings.)
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