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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: GregNH
I think by this judge stating he is an NBC, we have a avenue of appeal based on correctness of law.

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.

51 posted on 02/03/2012 2:40:19 PM PST by Red Steel
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To: Smokeyblue

I guess Bath-House Barry could walk into this bastard’s court, piss in his face and Malihi would just apologize for not helping Barry lower his pants.


52 posted on 02/03/2012 2:40:35 PM PST by Mortrey (Impeach President Soros)
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To: Red Steel

This is enraging and sickening. Are there any judges or elected or appointed public figures with honor and courage left? ANY??????????????

I’m sick to my stomach.


53 posted on 02/03/2012 2:40:47 PM PST by little jeremiah (We will have to go through hell to get out of hell)
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To: GregNH

I was having such a good day too. This ain’t good, no sir, not at all.


54 posted on 02/03/2012 2:42:40 PM PST by wxgesr (I want to be the first person to surf on another planet.)
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To: GregNH
Seems the judge chose to ignore that it is the Parentage NOT the physical location of birth which determines if one qualifies for "Natural Born Citizen" You CANNOT be a "Natural Born Citizen" if one of your parents is a Keynan.
55 posted on 02/03/2012 2:43:16 PM PST by Wurlitzer (Welcome to the new USSA (United Socialist States of Amerika))
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To: GregNH; waterhill; ixtl
What a joke! I have no more faith in our rule of law.

BLOAT.......we are going to need it.

(((ping)))

56 posted on 02/03/2012 2:43:16 PM PST by Envisioning ( Call me a racist................, one more time......................)
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To: GregNH

You too can be a judge! Wait, there is more!


57 posted on 02/03/2012 2:43:28 PM PST by Revolting cat! (Let us prey!)
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To: for-q-clinton

According to who you are, my FRiend, its according to who you are.


58 posted on 02/03/2012 2:43:39 PM PST by sport
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To: JustTheTruth
Maybe you're right and the whole country is shot to hell, but not me and I imagine a few others, how many, I don't know.
59 posted on 02/03/2012 2:43:39 PM PST by The Cajun (Palin, Free Republic, Mark Levin, Newt......Nuff said.)
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To: GregNH

He agreed with the Indiana court decision.
I think 2 courts ruling the same, will be the end of this, for now. I seriously doubt another court will take it up.


60 posted on 02/03/2012 2:44:46 PM PST by nuconvert ( Khomeini promised change too // Hail, Chairman O)
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To: GregNH

Not unexpected. However, there has now been a hearing on the merits of the NBC argument. Will the plaintiffs appeal?


61 posted on 02/03/2012 2:45:27 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Mortrey

Exactly. I’m embarrassed for the judge.

Can anyone just ignore a subpoena in a Georgia administrative court? Or are there two sets of rules. One for dictators and one for the rest of us peons.

Can you imagine anyone else ignoring the hearing then submitting website images and then getting a ruling in their favor?

Can Candidate Joe/Jane Smith do this or only exotic halfricans?


62 posted on 02/03/2012 2:45:33 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

Stunning tragedy for the framers....and for us. Obama aside. It leaves our country vulerable to the very kind of leadership our forefathers attempted to protect us from. Foreign interests.

Obama was relatively young when he took office. His fathers (natural and step) from foreign countries could have attempted to take over our government through their son. Their son’s allegiance would have been to them, not to America. It has nothing to do with where a person is born.


63 posted on 02/03/2012 2:47:06 PM PST by FryingPan101 (My taglines always lose.)
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To: philman_36

Thanks...I think :(


64 posted on 02/03/2012 2:47:55 PM PST by NYTexan
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To: hoosiermama

Uh uh....no suprise at all.


65 posted on 02/03/2012 2:48:26 PM PST by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: Ditter

How on eartch can he rule in favor of a defaulting party who did not appear or even put up a defense or present counter evidence?

This smells awful.


66 posted on 02/03/2012 2:49:01 PM PST by GlockThe Vote (The Obama Adminstration: 2nd wave of attacks on America after 9/11)
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To: BuckeyeTexan

I think they have a good chance at appeal. I think “we” need to leave Orly out of it. Although the judge ruled on the NBC issue and she wasn’t part of that.


67 posted on 02/03/2012 2:49:17 PM PST by GregNH (I will continue to do whatever it takes, my grandchildren are depending on me....)
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To: philman_36

Just commenting on your link. Thanks for providing same.
Judge says he denies all arguments but could not issue a summary judgement because Plaintiffs rejected it. They shot off their nose to spite their face.

Obviously this Judge was looking for reason to deny. Per the record and/or chambers, did the Judge wish tp proceed anyway for an additional excuse?


68 posted on 02/03/2012 2:49:49 PM PST by DrDude (Governor of the 57th State)
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To: Mortrey

Well, I guess I was wrong by a week.


69 posted on 02/03/2012 2:49:51 PM PST by El Sordo (The bigger the government, the smaller the citizen.)
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To: Smokeyblue

The plaintiffs stipulated up front that Obama was born in Hawaii. The Court ruled based on that stipulation.


70 posted on 02/03/2012 2:50:34 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: dinodino
"Does that mean Rubio and Jindal have nothing to worry about now?"

Jindal born in Baton Rouge

Rubio was born in Miami.

But, don't get excited. The rules will change for them.

71 posted on 02/03/2012 2:51:41 PM PST by Baynative (The penalty for not participating in politics is you will be governed by your inferiors.)
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http://www.scribd.com/doc/80417613/Farrar-Welden-Swensson-Powell-v-Obama-Judge-Malihi-Final-Decision-Georgia-Ballot-Challenge-2-3-2012
72 posted on 02/03/2012 2:52:38 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: BuckeyeTexan

Look. I know you are an Obot. I’m sure you’re enjoying your victory.

Don’t bother posting to me.


73 posted on 02/03/2012 2:52:42 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
From the AJC
 
 

Judge: Obama eligible to be Georgia candidate

A state administrative law judge on Friday flatly rejected challenges seeking to keep President Barack Obama from being a candidate in next month's Georgia primary.

In a 10-page order, Judge Michael Malihi dismissed one challenge that contended Obama has maintained a Hawaiian birth certificate that is a computer-generated forgery, has a fraudulent Social Security number and invalid U.S. identification papers. He also turned back another that claimed the president is not a natural born citizen.

Last month, Malihi heard testimony and took evidence in both challenges. At that hearing, a lawyer for Obama refused to attend, boycotting the proceeding.

With regard to the challenge that Obama does not have legitimate birth and identification documents, Malihi said he found the testimony presented by lawyers of the so-called "birther" movement and their evidence "to be of little, if any, probative value and thus wholly insufficient to support plaintiffs' allegations."

A number of the witnesses who testified about the alleged fraud were never qualified as experts in birth records, forged documents and document manipulation, Malihi wrote. "None of the testifying witnesses provided persuasive testimony," he wrote.

The other claim contended that Obama was ineligible to run in Georgia's primary because his is not a natural born U.S. citizen because his father was never a U.S. citizen. But Malihi said he agreed with a 2009 ruling by the Indiana Court of Appeals decision that struck down a similar challenge.

Obama "became a citizen at birth and is a natural born citizen," Malihi wrote. Accordingly, Obama is eligible as a candidate for the upcoming presidential primary in March, the judge said.

More.....

74 posted on 02/03/2012 2:52:55 PM PST by Responsibility2nd (NO LIBS. This mean Liberals and/or Libertarians (Same Thing) NO LIBS.))
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To: Wurlitzer

The physical location of birth is half of it, not irrelevant.


75 posted on 02/03/2012 2:53:07 PM PST by little jeremiah (We will have to go through hell to get out of hell)
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To: EBH

Is it being set up for the SCOTUS. Lower judges don’t like to make decisions on major issues.


76 posted on 02/03/2012 2:53:33 PM PST by hoosiermama (Stand with God: Newt, and Sarah will be right next to you.)
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To: MMaschin
I’m to the point where I’m ready to take up arms!

Then do it.

77 posted on 02/03/2012 2:53:34 PM PST by willamedwardwallace
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To: RitchieAprile
Right. I don't care where the Kenyan was born. Get him out of office 2012.
78 posted on 02/03/2012 2:53:38 PM PST by Bronzy (Send a NEWTron to Obama!)
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To: GlockThe Vote

Because he is scared?


79 posted on 02/03/2012 2:54:00 PM PST by Ditter
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To: SWAMPSNIPER
He had to totally ignore a lot of evidence.

I read the decision. It reads to me as if the plaintiff had people offering expert testimony who did not meet the legal definition of "experts", so their testimony that the documents were forged/faked was given no weight. That is not unusual.

When you get down to the core NBC issue, the court faced it squarely. It noted that the phrase "natural-born citizen" was not defined in the Constitution, so it looked to normal legal principles of the time to determine how it was likely understood.

So the Court had to decide what would have been the most commonly understood meaning of that phrase at that time. It noted that English Common law was the default rule in the colonies, so it credited the English common law rule of "jus solis" (place of birth), over the continental, De Vattel rule of "jus sanguinas" (citizenship of parents). In essence, the determination that our legal tradition was founded in the English common law, not Contintental law, compelled the conclusion that if you're born in the U.S., you're an NBC.

Historically, that's almost impossible to argue. For example, the citizenship of the colonists themselves was determined by English common law. You were a subject of the King if you were born in a British colony. To assume they would have discarded the rule with which they were all familiar, and which applied to all the colonists themselves, in favor of another definition that had never applied in the colonies, without making that unusual choice explicit in the text of the Constitution, doesn't make much sense.

That's what it really all boils down to. English common law was the basis of our legal system, and continental law was not. You can disagree with that, and think it is a stupid thing to do, but you can't credibly argue that's not a fair interpretation of our legal history.

80 posted on 02/03/2012 2:54:05 PM PST by Bruce Campbells Chin
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To: Red Steel

Even Ankeny stated in the footnotes that Ark wasn’t ruled a natural born citizen.


81 posted on 02/03/2012 2:54:41 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Red Steel
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.

Really? Isn't that what was done here?

82 posted on 02/03/2012 2:55:01 PM PST by willamedwardwallace
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To: BuckeyeTexan

BuckeyeTexan: “The plaintiffs stipulated up front that Obama was born in Hawaii. The Court ruled based on that stipulation”

The judge did rule on the COLB challenge and said there was no “expert” testimony to refute it’s legitimacy. Orly essentially screwed this one up terribly. Fundamentally, she did not properly present the qualifications of her witnesses - or at least that is the claim of the judge...


83 posted on 02/03/2012 2:55:09 PM PST by visually_augmented (I was blind, but now I see)
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To: Red Steel
What if there are no teeth in it?

What if it never even comes out?

Will any in the Birther community wake up or will they just start wondering “What was Sheriff Joe threatened with?”

84 posted on 02/03/2012 2:55:23 PM PST by El Sordo (The bigger the government, the smaller the citizen.)
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To: Responsibility2nd; All

Incredible, well I have an hour or so long commute. Gonna be longer tonight with this on my mind. Catch up later.


85 posted on 02/03/2012 2:55:53 PM PST by GregNH (I will continue to do whatever it takes, my grandchildren are depending on me....)
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To: GregNH
I think “we” need to leave Orly out of it.

Dude, I've been trying to get that through to folks for three years. She's a cancer.

86 posted on 02/03/2012 2:56:00 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: dinodino

That’s right - bring it on. Let’s have a Rubio-Jindal ticket and shove it in their faces.


87 posted on 02/03/2012 2:56:45 PM PST by jersey117 (Perry 2012)
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To: little jeremiah

We ‘all are fat and live happy lives,’ and who needs the grief from the overwhelming majority of leftists who run our media and our government world, so why care? This is a big part of the calculus that goes into men’s decisions.


88 posted on 02/03/2012 2:57:18 PM PST by Red Steel
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To: GlockThe Vote

He offered a default judgment in favor of the plaintiffs. They preferred to have him rule on he merits of the case.


89 posted on 02/03/2012 2:59:00 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: GregNH

IOW the judge followed existing law PROVIDED the defendant was born in a state (or protectorate exception) of the USA.

This is just affirming there are only two types of citizens not three. Now the plaintiff is free to appeal.

Is this another Orly Tatz case?


90 posted on 02/03/2012 2:59:07 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: outhousepatrol

The testimony seems to be scrubbed. Does anyone know if they brought up the issue of the doctored statement of eligibility from the DNC signed by Pelosi?


91 posted on 02/03/2012 3:00:17 PM PST by Baynative (The penalty for not participating in politics is you will be governed by your inferiors.)
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To: GregNH

It appears somebody made the judge an offer that he couldn’t refuse.


92 posted on 02/03/2012 3:00:42 PM PST by FlingWingFlyer (So just where does the "buck stop" at the Department of "Justice"?)
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To: Smokeyblue

Enjoying my victory? Are you serious?! This is not a victory.


93 posted on 02/03/2012 3:01:22 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: GregNH

Law of the jungle applies now. Every man for himself.


94 posted on 02/03/2012 3:02:07 PM PST by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto.)
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To: GlockThe Vote

How on eartch can he rule in favor of a defaulting party who did not appear or even put up a defense or present counter evidence?


I’m stunned..How in the Hell did this judge favor the plantiff in his ruling..o told the court to pound sand by ignoring a subpoena..and they rule in his favor? I have no words..why vote, why care..no one else does..


95 posted on 02/03/2012 3:02:21 PM PST by AFret. ("Charlie don't surf ! ")
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To: LucyT

I would probably get banned if I wrote what I am thinking...so I’ll keep my fingers off the key-board.


96 posted on 02/03/2012 3:02:39 PM PST by Fred Nerks (FAIR DINKUM!)
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To: Responsibility2nd
More breaking news....

GA judge rejects attempt to keep Obama off ballot

WGCL Atlanta - ‎5 minutes ago‎
By Jennifer Banks - email A Georgia judge has rejected a complaint that sought to keep President Barack Obama off the state's ballot for next month's presidential primary. Deputy Chief Judge Michael Malihi filed his decision Friday.
 
 

Judge soundly rejects Ga. birther claims

Atlanta Journal Constitution (blog) - ‎20 minutes ago‎
Deputy Chief Judge Michael Malihi has rendered his judgment, breaking birther hearts all over the country: Barack Obama will remain on the 2012 primary and general election ballot in Georgia. “The Court finds the testimony of the witnesses, ...

 

 
 
I'm sure the interwebs will be buzzing all weekend.  As we know, the MSM ignored this issue until now.
 

 


97 posted on 02/03/2012 3:03:08 PM PST by Responsibility2nd (NO LIBS. This mean Liberals and/or Libertarians (Same Thing) NO LIBS.))
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To: GregNH

Here is another about natural born citizen released on November 14, 2011. The source agency is the Congressional Research Service.

http://www.legistorm.com/score_crs/show/id/82388.html

One thing it says “There is no provision in the Constitution and no controlling American case law to support a contention that the citizenship of one s parents governs the eligibility of a native born U.S. citizen to be President.”

I haven’t read as much as others here, but I thought I would bring this article to attention.

The argument is jus soli.


98 posted on 02/03/2012 3:03:08 PM PST by moviefan8
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To: GregNH
It is a perfect description of tyranny. It doesn't matter what the facts are, the dictator's position is always right no matter how outrageous his actions may be. The judge manipulated the facts to reach his preconceived objective. Even when you default, you win.
99 posted on 02/03/2012 3:03:48 PM PST by iontheball
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To: MMaschin

I could have told you that a long time ago. During the last part of George H. Bush’s second term, the focus of the Government changed from protecting its citizens to controlling the law abiding citizens. The next step will be the open persecution of the law abiding citizens. But, wait a minute, they can’t do this, can they? That is what the Jews in Germany during the 1930’s said. I know, I know. It can’t happen here, because we got guns.


100 posted on 02/03/2012 3:04:03 PM PST by sport
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