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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: tired_old_conservative

I’m breathing just fine.

I find it amusing watching justices bend down to the great Obama.

No twisted or tortured logic is too great for them to allow a halfrican, usurper to continue his reign.

I’m embarrassed for them. Uphold the Constitution. Sure.


301 posted on 02/03/2012 6:33:11 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: David

About two years ago, FReeper BP2 said that an anchor baby could one day run for president. You agree, right? It just doesn’t seem “right”.


302 posted on 02/03/2012 6:33:31 PM PST by azishot
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To: little jeremiah

“So we are now officially Zimbabwe.”

Nah, we also need a few more Quantitative Easing actions on the currency first. We’re definitely on the cusp, however.


303 posted on 02/03/2012 6:34:54 PM PST by Flotsam_Jetsome (If not you, who? If not now, when?)
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To: Smokeyblue

“I’m embarrassed for them. Uphold the Constitution. Sure.”

They have. And comparing writings, it’s obvious they respect the Constitution far more than you.


304 posted on 02/03/2012 6:35:25 PM PST by tired_old_conservative (.)
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To: Flotsam_Jetsome; little jeremiah

We’re going to end up being WORSE than Zimbabwe...0babwe? Not a good way to start the weekend. Or any day for that matter.


305 posted on 02/03/2012 6:39:18 PM PST by azishot
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To: tired_old_conservative

Lawyer speak. Nothing less.


306 posted on 02/03/2012 6:39:53 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: MMaschin
The laws only apply to the little people. I have no faith in our corrupt government. Both parties work together to enrich and protect each other. Why else would the republicans sit around with their thumbs up their asses while the democrats and obama spit on the Constitution during the election? They make me sick.
307 posted on 02/03/2012 6:39:56 PM PST by peeps36 (America is being destroyed by filthy traitors in the political establishment)
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To: lacrew

(Mr. Soetoro, we regret to inform you that your race card is over the credit limit.)

:) Now that’s funny.


308 posted on 02/03/2012 6:41:00 PM PST by Greenperson
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To: Responsibility2nd

If the judge had a family, you can just write this one off as another Chicago Way success for the little bassturd in the White Hut.


309 posted on 02/03/2012 6:42:27 PM PST by MHGinTN (Being deceived can be cured.)
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To: David
“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. “

You are dead wrong. My daughter was born in the USA to a foreign citizen. She is a dual citizen at birth and she is subject to the sovereignty of two countries. Just like Obama. She is legaly recognized as a Born Dual Citizen in her "home" country, and a natural born citizen in the USA , per this decision.

This ruling means she can run for president and govern for the interests of two countries, carry several passports, serve in a foreign military, and like a million other dual citizens run for US President. It's official now, we accept dual citizens into the presidency.

310 posted on 02/03/2012 6:43:57 PM PST by PA-RIVER
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To: BuckeyeTexan

This judge, himself, in a previous ruling stated that the burden of proof is on the candidate. The candidate supplied NOTHING. No evidence whatsoever.

A stipulation for sake of argument is not proof. The judge might have said that he rejected Irion’s argument about Minor, concluding that if a candidate was born in the USA to at least one U.S. citizen, then that candidate would be a natural born citizen. However, he should then have gone on to state that candidate Obama did not meet his burden of proof that he was born in the USA to even one US citizen, because he offered no evidence at all.


311 posted on 02/03/2012 6:47:59 PM PST by Greenperson
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To: MHGinTN

Correct.

More than a few FReepers have now figured out why Obama’s lawyer skipped that hearing last week. Why should he have wasted a trip?

Judge Malihi was bought and paid for from the get go. Or threatened.


312 posted on 02/03/2012 6:49:31 PM PST by Responsibility2nd (NO LIBS. This mean Liberals and/or Libertarians (Same Thing) NO LIBS.))
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To: David; LucyT

“All this nonsense about his parent’s citizenship is just that—irrelevant.”

You presume to know how SCOTUS will ultimately define/reconfirm the definition of NBC. I do not. I am content to see what happens.

We agree that the HI DOH birth records “released” for Barry are bogus. Barry has been fighting tooth and nail to prevent a trial on the merits which would enter his HI DOH LFBC image into a court record as a “finding of fact.”

Something on that HI LFBC is extremely damaging to Barry’s eligibility...such as EVERYTHING?


313 posted on 02/03/2012 6:50:01 PM PST by Seizethecarp
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To: azishot

I hear ya FRiend, I do...


314 posted on 02/03/2012 6:50:59 PM PST by Las Vegas Ron (Rush Limbaugh = the Beethoven of talk radio)
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To: PA-RIVER

This ruling means that the judge is corrupt. He ruled based upon what he was sent, outside of the court preceedings, and that so the plaintiffs could not address the Ankeny ruling and perhaps refute it. The judge was workign for little barry bassturd all along, so the presentments didn’tmean a damned thing with a corrupt judge.


315 posted on 02/03/2012 6:51:03 PM PST by MHGinTN (Being deceived can be cured.)
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To: Greenperson

Thank you for the emotionally devoid opinion. Very basic to grasp.

My personal opinion that is also devoid of emotion and is basic to grasp is that the judge is compromised.


316 posted on 02/03/2012 6:52:21 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: Bruce Campbells Chin

Trouble is, Wong Kim Ark didn’t use the common law in effect at the time of the writing of the Constitution, but what the court cherry-picked from recent rulings in Britain without any support from documentation of the American Revolutionary period.

What is ridiculous is that the probative value of the testimony that was rushed through was found faulty but the probative value of an online image was not found faulty.

The other issue that it seems Hatfield may take up is who has the burden of proof. It is not up to the plaintiffs to prove that Obama is ineligible, but up to Obama to prove that he IS eligible. How can he do that without presenting ANYTHING? I’m afraid Hatfield and Irion have shot themselves in the foot by presenting the online image as if it could be probative, but we’ll see what happens on appeal, I guess.

This problem is more than likely not going to be solved in the courts because they are too badly compromised. That’s why the retired military guys told Lakin to not push the issue. They’d get bad results from a compromised system.

If we’re going to get relief from this fraud it’s gonna have to come through law enforcement - in a CRIMINAL trial, where expert witnesses are presented, the investigation includes subpoenas, etc.


317 posted on 02/03/2012 6:52:54 PM PST by butterdezillion
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To: butterdezillion

Paging Sheriff Arpaio... Paging Sheriff Arpaio... ;o)


318 posted on 02/03/2012 6:57:28 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: butterdezillion
Zill, give it up. There is not going to be any removal of this criminal bastard nor is there going to be any trial, etc. It is time, with the mountain of evidence now at hand, that we the people are no longer the sovereigns of this Republic. We are a 'ruled' populace still being fool into believing that votes amtter and the rule of law is a reality. We live in the black robed oligarchy the democrats have spent deacdes constructing and are now using to remove all pretense of We The People influence.

Posters write of race riots and burning cities should the black liar be removed for his criminality. That is as racist as anything we've seen since the KKK had a credible voice in American politics. Sadly, people cannot see that black people are part of the now endentured populace and race riots were not a credible threat, regardless of how well david axelbastard floated the notion via his shills.

319 posted on 02/03/2012 6:59:39 PM PST by MHGinTN (Being deceived can be cured.)
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To: Hotlanta Mike
Well Ace, that message is a little too cryptic and vague for me to figure out, try again.
320 posted on 02/03/2012 7:02:56 PM PST by The Cajun (Palin, Free Republic, Mark Levin, Newt......Nuff said.)
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To: Seizethecarp

I think the damaging things are what happened in 1971 and afterwards.

The obots freak out when the subject of Indonesia comes up. And the reason for the grand meeting in Hawaii in December of 1971 is unexplained except that in the end. Obama senior goes back to Kenya to kill himself (or get murdered) in a car wreck. And mother goes back to her (foreign) husband. And Obama is now with the grandparents.

But he is not Barak Dunham - as you would expect if the Grandparents took custody and he used his supposed given first name. He is Barry Obama. He uses the Obama name in high school. But that was two fathers/guardians in the past. Why would that happen???

Obama Senior was likely the wsy the Indonesian adoption was annulled. He reclaimed his son and according Indonesian law that nullifies an non-citizen adoption.

So in 1971 Barry probably became 100% Kenyan. Never born in Kenya but his namesake father came to his rescue to get him out of an Indonesia that was becoming more anti-American.


321 posted on 02/03/2012 7:03:10 PM PST by bluecat6 ( "A non-denial denial. They doubt our heritage, but they don't say the story is not accurate.")
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To: Mr Rogers
“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?”

Zero cases prior to this GA case had a plaintiff with standing sufficient to result in a trial on the merits, so it doesn't matter in the least how many previous federal cases SCOTUS refused to remand for a hearing for a trial court to actually hear evidence.

IIUC SCOTUS reserves unto itself determinations such as whether the Minor NBC language is dicta or a holding and what key sentences actually mean when parsed. SCOTUS would not leave that up to an Indiana appeals court, or a GA ALJ punting to an IN court, IMO.

I believe that this case will be fast-tracked.

Didn't you love Obama’s prayer breakfast speech? I will be voting against him for the person most likely to beat him in November.

Meanwhile, even though Taitz doesn't have a clue how to present a criminal case against Barry, maybe Joe Arpaio will! Barry and Holder have failed to take him out, so far.

322 posted on 02/03/2012 7:03:55 PM PST by Seizethecarp
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To: Danae

Anailnathrach ortha bhais beatha do cheal deanaimha!

If only it would work, Danae. I’m puking with you and with all the other patriots who love our country and are mourning the loss of this battle. Keep the faith. Goodness and rightness are on our side.


323 posted on 02/03/2012 7:06:20 PM PST by Greenperson
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To: David
Let me repeat.

My daughter has an American BC and has foreign citizenship at birth. She is legally entitled to have two passports, serve in a foreign military, and then run for president of the United States.

My daughter can stand in front of the American people and promise to send half of our assets to another country if elected while waving her foreign passport on election day, and be qualified as a natural born citizen in the USA.

This ruling certifies the US presidency as an international office. We the people can be governed by a foreign citizen, such as Obama, who have no loyalty to American interests. The only difference going forward is the next foreign citizen who runs will not have to hide dual nationality as Obama did. He can use it to his advantage, promising to lavish his home country with American aid.

324 posted on 02/03/2012 7:06:44 PM PST by PA-RIVER
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To: Fred Nerks

“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.”

Instead, the judge gave all the plaintiff attorneys the bum’s rush.


325 posted on 02/03/2012 7:10:21 PM PST by Greenperson
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To: MHGinTN

I will give up fighting for this country when I’m dead and not one minute before.


326 posted on 02/03/2012 7:14:43 PM PST by butterdezillion
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To: GregNH

Political ruling class and political court class taking path of least resistance again. They don’t care about NBC or a foreign born fraud. Bad for business. Look at how John Boehner is influencing the Issa investigation on Fast and Furious Scandal! Ruling class could care less about hundreds of dead Mexican nationals or 2 dead U.S. law enforcement agents by illegal gunrunning, corrupt Eric Holder will stay in power, all parties intact and the charade, political theater goes on.

I’ve no faith in any government institution. Today finally OSHA sent a politically correct casual attired hag to our facility and the “inspection” never happened. I guess deep holes in the floor lift trucks (weighing 3 cars) run over isn’t a safety concern, maybe when the holes get deeper and hit bedrock or a China man pops out it will make waves. There’s no accountability at all and guess we will take this incompetence and violations to governor’s office with names if that does anything.

Rule of law is falling down all around and real leadership is dwindling. The law of the gun comes next.


327 posted on 02/03/2012 7:16:04 PM PST by TheBigJ
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To: bluecat6
“So in 1971 Barry probably became 100% Kenyan. Never born in Kenya but his namesake father came to his rescue to get him out of an Indonesia that was becoming more anti-American.”

Hmmm...maybe Stanley Ann brought some adoption/un-adoption papers with her to HI from Indonesia for BHO Sr. to sign?

Something very significant happened. The book “Dreams,” heavily written by Ayers is unreliable, but it does mention “family business” that BHO Sr. was attending to with the Dunhams.

328 posted on 02/03/2012 7:16:19 PM PST by Seizethecarp
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To: Las Vegas Ron
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....

Multiple copies under control of different people is the key. Whether any of the copies are paper (or microfilm) is less of an issue.

Multiple copies are why email is hard to forge. When an email gets sent, it ends up multiple machines between sender and recipient(s). Chances are, the would-be forger has root access to at most one or two of them.

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

Again, multiple copies under control of different people is the solution. The way it should work is, when you vote, a paper ballot gets generated (or maybe you mark a paper ballot), then an electronic ballot is recorded locally and simultaneously sent offsite to different servers. The local tally, the remote tallies, and the paper count (if necessary) should all agree.

329 posted on 02/03/2012 7:19:19 PM PST by cynwoody
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To: David
In fact, my daughter can become an officer in a foreign army or navy, and then return to the USA and run for president as a military veteran of a foreign country, and then march US soldiers into battle for the sole benefit her “Home Country”.

The constitution has been amended. Control of the US armed forces has devovled to a foreign citizen.

330 posted on 02/03/2012 7:22:20 PM PST by PA-RIVER
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To: Mr Rogers
...and force Obama from office?
You keep saying this and I don't understand why. Isn't the effort going on right now an effort to prevent him from getting on the ballot for the next presidential election. He doesn't hold the position for life, does he?

You're stuck at arguing old talking points, IMO.

331 posted on 02/03/2012 7:22:40 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Seizethecarp

Daubert, Shmaubert.

So Orly’s evidence was insufficient and the defendant’s evidence was completely missing. Upon what evidence, then, did the judge make his decision?

Did he flip a coin?


332 posted on 02/03/2012 7:22:46 PM PST by Greenperson
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To: bitt

It figures. Who will touch this and feel safe afterward.


333 posted on 02/03/2012 7:26:44 PM PST by Marine_Uncle
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To: Greenperson

The decision was made for the corrupt judge. He revealed the fact with his ruling, based upon NOTHING presented in the court.


334 posted on 02/03/2012 7:29:57 PM PST by MHGinTN (Being deceived can be cured.)
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To: azishot; LucyT; Fred Nerks; Brown Deer
About two years ago, FReeper BP2 said that an anchor baby could one day run for president. You agree, right? It just doesn’t seem “right”.

Bingo!

We have lots of citizenship law that needs a Constitutional Amendment to fix which we should support.

I have been involved in this issue since I was a Law Review editor during the Goldwater period. I have read every case and every authority. I talk regularly to lawyers in DC who argue Supreme Court cases. There is not now and has never been any real room for doubt about how the Supreme Court would decide this case.

He has vulnerability's on the place of birth and parentage issues. But we need competent counsel and an organized effort. We don't have that at present. So we continue to lose because the lawyers who advocate our side and most of their clients are living in a dreamworld.

335 posted on 02/03/2012 7:34:02 PM PST by David
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To: GregNH

This sucks, bigtime.

Now what happens to the petition that Orly Taitz was granted by Judge Malihi to supoena records from Hawaii?


336 posted on 02/03/2012 7:35:56 PM PST by this is my country
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To: this is my country

Malihi isn’t actually a judge. He is an administrative hearing officer. He has no power to order Hawaiian officials to produce records. What I don’t understand is why the House of Representatives didn’t have hearings and subpoena records from Hawaii. Oh, yeah, Boehner’s a RINO.


337 posted on 02/03/2012 7:41:20 PM PST by Aagcobb (I take the Constitution seriously)
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To: Aagcobb

“What I don’t understand is why the House of Representatives didn’t have hearings and subpoena records from Hawaii. Oh, yeah, Boehner’s a RINO.”

Considering that they don’t care about Obama arming drug cartels that murder border patrol agents I doubt a little thing like him being a usurper is of much importance to them.


338 posted on 02/03/2012 7:45:59 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: butterdezillion

As long as Obama is in office, only Congress can try his crimes. Have you seen any sign that the RINO Boehner is willing to do that? Why didn’t the House hold hearings and subpoena his records a year ago? It could’ve all been out in the open by now.


339 posted on 02/03/2012 7:49:00 PM PST by Aagcobb (I take the Constitution seriously)
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To: Aagcobb
What I don’t understand is why the House of Representatives didn’t have hearings and subpoena records from Hawaii.

So many letters were written to them with laughable responses. Also, there were quite a few freepers who insisted early on to forget about the birth certificate and go after him by keeping him off the ballot if he runs again. Well, it doesn't look like that's going to work out now, is it?

340 posted on 02/03/2012 7:54:07 PM PST by this is my country
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To: Longbow1969

There may or may not be a smiley face on that fake birth certificate, but the word “the” is most definitely misspelled. Not on ANY OTHER document out of Hawaii. Just on that stamp certifying that his fake document is real.


341 posted on 02/03/2012 8:00:53 PM PST by Greenperson
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To: GregNH

Just looked in to see if anything interesting was going on, and saw this stunner. Breathtaking. Infuriating.

First impression: this is the Malihi edition of Obama’s Friday night document dump.


342 posted on 02/03/2012 8:05:49 PM PST by GGMac ((lesson learned re Obie: parse every sentence, every word, every gesture, every photo))
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To: GregNH
So, The Judge subpeoned the Kenyan and his lawyer to appear at an administration hearing to provide Obama’s qualifications to be on the ballot.

The Kenyan and lawyer tell the Judge to go fark himself......They make hundreds of calls to the Governor, Attorney General and anyone else they can think of to pressure the judge holding the fact finding hearing. More than likely, physical threats were made against the judge's family

Precedent set:

Anyone can get on the Georgia ballot to run for the highest office in the Country. If ever asked for proof of eligibility tell the courts, SOS and the powers that be to STICK IT!!. I don't have to provide you with a farking thing and you will kiss my ass, go to great lengths to create excuses for me, make up 'law' for me even though I've provided you with no legal documention whatsoever. Not even a blank piece of paper. Then you'll put me on the ballot anyway like the good apparatchik POS that you are........

343 posted on 02/03/2012 8:06:49 PM PST by Electric Graffiti (Crush your enemies, see them driven before you, and hear the lamentation of their Moonbats)
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To: Greenperson

I wrote a reply...but there was smoke coming out of my ears when I wrote it, so I sent it freepmail.


344 posted on 02/03/2012 8:10:19 PM PST by Fred Nerks (FAIR DINKUM!)
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To: GregNH
Why did the judge let it get this far as the fake BC was already known. Did he do this just to give BO credence? I would have been extremely amazed if any Democrat out there today has even a drop of integrity. This guy is a typical democrat sham of the lowest degree. You would think that a drop of water would melt these folks pretty soon. We know that truth will ultimately come out and hope it is yet sooner than later.
345 posted on 02/03/2012 8:11:22 PM PST by Bellflower (The LORD is Holy, separated from all sin, perfect, righteous, high and lifted up.)
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To: Bruce Campbells Chin

I would grant that the Founders, many of whom were attorneys, understood citizenship before the Revolution in terms of English law, under which Acts of Parliament overrode common law traditions. Unlike the author of the Arkeny decision, or Judge Malihi, they would have been aware of the British Nationality Acts of 1730 and 1772, both of which bestow status as “natural born subjects” to the offspring of natural born subject FATHERS (not parents, not mothers — the sexist pigs stipulated FATHERS). English law regarding citizenship as the Founders would have understood it serves much better for denying Obama American nbc status than granting it. (I realize that internet discussion will change nothing about this farce, and I agree with most of your post. I just find the recourse to common law to be inapplicable).


346 posted on 02/03/2012 8:13:28 PM PST by Chewbarkah
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To: PA-RIVER
I hear ya. I too have a child who was born a citizen of this country and of another. Born a dual national. Presently, a holder of a U.S. passport and eligible to be a holder of a passport from that foreign country. Subject to being called up in the military of both, and (for) now...eligible to be President of both countries.

Interestingly, I also have an older child who is a naturalized citizen who...since taking the naturalization oath, renounced their former citizenship and therefor no longer eligible to hold a passport, vote or be subject to a military draft in that foreign country. YET, being (only) a U.S. citizen now, is NOT eligible to be the President of this country.

Amazing, the irony.

Oh yeah, I also have a 2 citizen parent, born in the U.S. natural born Citizen child as well :). I know...complicated.

If a dual national, who owes allegience to two countries, can be President...naturalized citizens should be eligible as well since they specifically renounced their former allegience. I don't agree with that, but that's the logical extension here.

347 posted on 02/03/2012 8:17:35 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: Greenperson

It was an administrative hearing, not a trial. The judge was not restricted to the information provided by the plaintiffs. He simply researched the applicable case law. While the plaintiff’s case was not disputed by the defendant, that does not automatically make it true. The judge compared the plaintiffs case to existing case law and found it lacking.


348 posted on 02/03/2012 8:18:21 PM PST by Harlan1196
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To: MHGinTN
Since it was not a trial, the judge was not restricted to evidence presented at the hearing. He had the obligation to apply existing law. Like it or not, Ankeny is existing case law.
349 posted on 02/03/2012 8:23:36 PM PST by Harlan1196
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To: David

Occam’s Razor, David. You’re so right. It’s so sad.


350 posted on 02/03/2012 8:24:28 PM PST by Greenperson
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