Skip to comments.Judge Malihi Rules Against Plaintiffs: Says Obama Born In Hawaii Therefore Natural Born Citizen
Posted on 02/03/2012 2:19:38 PM PST by GregNH
click here to read article
you’ll have to read wiki, I can’t make head nor tail of it, on the one hand wiki says it opened in 1962, on the other hand it lists personnel that were employed prior to the opening date.
Who do you think would arrest everyone in Congress at once?
Wiki is Marxist. The Obots are Marxist. How in the hell can the Marxist media tell us the love birds met in the East West center when the ground breaking ceremony for the EW center was in 1962.
Our family had property taken from us that was worth millions of dollars through Eminent Domain. The case went to our state's supreme court where they ruled that allegedly a line several layers down on an obscure website was adequate notice for a hearing that my parents’ property was about to be taken. My dad had never even tried to use a computer at that time. The ruling was based on “facts” that were false and were never introduced in court. The governments tactic was to run my parents out of money by dragging them into court every two weeks for several years. The compensation they received was less than their legal fees which was never reimbursed.
That combined with several other bad rulings and now this matter has nearly destroyed any confidence that I once had in our legal system. But I admire your persistence on this travesty very much. Please keep it up!
Waa that in the state of Washington?
I don’t recall seeing anything about Ex Parte Lockwood in Leo’s brief or in Hatfield’s arguments. I thought this proved Minor as precedent.
Won’t any appeal be against the SoS and the state of Georgia? Won’t the states attorney general argue the case?
There are a lot of strange things about this ruling. The judge admits he was going to issue a default ruling, but changed his mind for the plaintiffs to present their cases, EXCEPT that they were put on leashes and given time limits. Also, it appears that the plaintiffs thought they were entering facts into the legal record and not necessarily arguing against the judge's biases. For example, who knew the judge was going to cite a 2008 appeals court as legal precedent, when it didn't prove nor even claim Obama was born in Hawaii and it didn't declare him to be a natural-born citizen. Further, the judge said he "considered" that Obama was born in Hawaii, but gives no basis for why it was considered. As the ALJ, he's supposed to present "Findings of Fact" and a consideration is not a proven fact. He dismisses Orly's experts for not establishing their expertise, yet they weren't given time. He says the PI didn't explain her methods and techniques ... and again, she wasn't given the time.
The plaintiffs didn't want this to go to a default judgment where it could be turned over on an appeal without a chance to argue against it, but they were screwed by a bait and switch move by the judge. I would hope the plaintiffs can explain this to the SoS. He could deny the conclusions of the ALJ if he feels it wasn't given a fair shake.
“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.”
Yes, something significant had to have happened. Throughout “Dreams”, BHO Sr. is fawned-over. Every crude behavior, every obnoxious utterance, each unpleasant trait is excused - because he was such a marvelous black man with such a lovely, sonorous voice. Why, all who were honored to be in the presence of his black awesomeness just couldn’t get enough of him. So jolly, so entertaining, so vastly more intelligent that the Dunhams - oh how fortunate to be his friend, and for Gramps Stanley, OMG he actually got to be his drinking buddy! So said Barry, in words he purports to be his.
Then came 1971, and Barry’s come - alone - to Hawaii to live with the grandparents. What had really precipitated his being sent away from Indonesia? It had not been a sudden change, as in “Dreams” page 58 [2004 paperback edition], in speaking of the ending 1971 summer and his looking forward to the start of school, Barry tells us - “I had gone for several interviews with Punahou’s admissions officer the PREVIOUS  summer.”
So now to the permanent move, we need to ever so thoroughly parse those words in “Dreams”, page 62 [any caps are mine, for emphasis]:
“Nestled in the soft, forgiving bosom of America’s consumer culture, I felt safe; it was as if i had dropped into a long hibernation. I wonder sometimes how long I might have stayed there had it not been for the telegram Toot found in the mailbox one day.”
“’Your father’s coming to see you,’ she said. ‘Next month. Two weeks after your mother gets here. They’ll both stay through New Year’s’”
“She carefully folded the paper and slipped in into a drawer in the kitchen. BOTH SHE AND GRAMPS FELL SILENT, THE WAY I IMAGINE PEOPLE REACT WHEN THE DOCTOR TELLS THEM THEY HAVE A SERIOUS, BUT CURABLE, ILLNESS. FOR A MOMENT THE AIR WAS SUCKED OUT OF THE ROOM, AND WE STOOD SUSPENDED, ALONE WITH OUR THOUGHTS.”
“’Well,’ toot said finally, ‘I suppose we better start looking for a place where he can stay.’”
“Gramps took off his glasses and rubbed his eyes. ‘SHOULD BE ONE HELL OF A CHRISTMAS.’”
On the day of BHO Sr’s arrival, when Barry arrives home from school, his grandmother opens the door for him and says: “There he is! Come on, Bar...come MEET your father.”
MEET? Barry’s tale has been that BHO, Sr, mother Stanley Ann, and baby Barry were the loving little family for two years, until BHO left for Harvard. Why wasn’t it “Come see your father again at last - he’s missed you so”? “MEET” is terminology applied to the first time you’re in another’s presence.
BHO Sr and Stanley Ann were in Hawaii for appx 2 months - from in Nov. till after New Year’s. “Dreams” leaves no doubt the grandparents were displeased he would be there, and that the “visit” was unpleasant and strained for all of them. The liklihood of the visit being a required legal procedure for the purpose of nullifying an Indonesian adoption seems logical. The visit’s 2-month time frame would accomodate the usual 30-day notice requirements for notice of hearing, and then final signing of documents - which would include a newly-minted/amended birth certificate. Any procedure of adoption that may have taken place involving the minor Barry - to Soetoro, reverting to BHO, Sr., or to grandparents Dunham - would require the issuance of a new birth certificate stating the [new] name. Because of Barry’s status as a minor, all records - notices, hearings, findings, orders - everything - is forever sealed by the court, and can only be acknowledged, viewed, or released by court order. If this is what happened in 1971, the Hawaii DOH cannot even know about it, let alone view any of it. There would be a birth certificate in their record - but who knows what damning things is might contain. That the Hawaii governor went blabbing to the media that all he found when attempting to produce Barry’s long form BC was some sort of written memo lends credibility to this theoretical possibility. And for Barry’s purposes and agenda, such a scenario would demand forged documents in an attempt to put the brakes on that thorny Trump and the legions of birthers. Oh, to be a fly on the wall at 1600 - and at the Hawaii DOH!
Here is a better explaination>
Yes, their property was taken by Sound Transit. The misinformation spread by Sound Transit's PR team was unbelievable. The news media repeated exactly what they were told by Sound Transit and for the most part didn't bother to contact us or do any research on their own. The State Supreme Court here is truly a political body. They ruled based not on facts and law but on misinformation and lies never presented in court.
If it was not off topic I could write pages here about the experience of having a government agency with unlimited funds using lawyers and PR team to mischaracterize every aspect of what was a clear cut situation. The decision made about the location of the light rail station in South Tacoma was intentionally made in secret (in violation of even Sound Transit policy) to reward political contributors to the politician who was then in charge of Sound Transit. The best station site for the public by every measure was actually for sale at the time. It was the location of the previous rail station in South Tacoma right down the hill from the Tacoma Mall.
Sorry for the HTML formatting error.
IIRC, In Lockwood the MvH NBC language applied to Minor was referred to as a “holding” but the reference in Lockwood was as a holding regarding only citizenship, not referring to natural born citizenship. IIRC, Leo was challenged in comments and he may have decided that even if he was right it was not as clear a support for proof of a precedent as he had initially stated.
The best approach was the one taken by Hatfield (and also Donofrio) using proper legal construction applied to the MvH case itself in context to show that NBC was clearly defined and relied on to make the ruling and that the “doubts” only concerned the citizenship status of those person born in country to aliens and foreigners who were NOT NBC.
Wow, that really stinks. Sounds like you’re about at the same place I’m at with all this.
My family was involved in a case where the local school board had broken every open meetings law in the book so that a school bond issue was never legally proposed for the ballot. Lies galore. Dirty, dirty tricks. And the Nebraska Supreme Court unanimously ignored the law. Now the school board is doing more of the same just as an in-your-face so they got sued again. The judge told them they had to abide by the law and they STILL refused. As far as I know NOBODY has ever gotten those crooks to obey the law, and probably never will. And my brothers and the other farmers in the area will be put out of business because of it. But hey, there’ll be a 3 million dollar school for the 2 kids that are left - as bankruptcy is declared because there aren’t any taxpayers left to pay for it...
While my brothers and sisters were dealing with that local lawlessness I was trying to deal with lawlessness on the HI state level and federal level. It’s all over the place, unrelenting.
It is just a constant struggle against utter lawlessness. Right now it’s money, taxes, open records, property ownership, etc.... but we have only to look at Mexico and how it is creeping into our southern states to see that the beheadings and hanging from bridges are not far behind, if we allow the lawlessness to spread unchecked.
I think what we need to do is pass referenda that specifically provide a means for the PEOPLE to hold government accountable to enforce the law. We can’t count on any of the political critters to do anything for us. And unless we authorize ourselves to hold them in check, they will leave us totally out of the picture. If we don’t expressly say in our laws or Constitutions that we have standing to sue for breaches of the law, then we won’t be able to do a darn thing about any of it. We really have to re-establish some checks and balances, since the system itself is broken and can’t be trusted.
As for me, I’ve only begun to fight. They will have to drag me away kicking and screaming. Or dead.
thanks for the link, here you go, bushpilot1:
and I just remembered...I don’t think the East West Centre was mentioned in ‘Dreams’ - iirc, the story was they met in a Russian Class, it didn’t say where or when.
within the jurisdiction which is the state of Georgia.
Like it or not, Ankeny is existing case law.
Ankeny is case law in the jurisdiction of the state of Indiana.
Indiana jurisdiction is not Georgia jurisdiction. So Malihi in Georgia had no obligation to apply Ankeny from Indiana.
“Count Barackula”; he sucks!
And if justice can be so thoroughly ravished in such a small matter, imagine the lengths that interested parties are willing to go to establish and perpetuate the epic (and quite lucrative) fraud that is the pResidency of "Barack Obama". There are literally trillions of dollars at stake.
"They will have to drag me away kicking and screaming. Or dead."
Rest assured that if those in charge of maintaining the "Obama" charade ever become convinced that you are a bona fide clear and present danger to their hold on power, you will be, as will anyone who they perceive as such.
So what prevents him from using Ankeny - if you can show me the actual law that limits him to using only Georgia precedent I will concede I am wrong.
Sorry - I am not good at sugar coating the truth. It is what it is.
Perhaps no obligation to follow Indiana’ lead but a legal obligation to find and use the applicable case law where ever it might be found. Why do you think Georgia case law would have been of any use to him?
“Perhaps the quirkiest aspect of the Centers history is that it was at the Center that U.S. presidential candidate Barack Obamas mother, Ann Dunham, met both of her husbands, Kenyan Barack Obama Sr. and Indonesian native Lolo Soetoro.”
hmmm...and that’s gotta be a whole load of tripe, her name wasn’t Ann, it was Stanley Ann Dunham.
But it was ANNE/USA who was identified as sitting next to the kenyan at a social gathering in Hawaii ‘in the early sixties’ - and SHE wasn’t Stanley Ann Dunham.
See the comment #9179 made by BP2 - he repeated the entire segment from the ‘CAMBODIANA’ website here. Just as well he did, because the identification of the girl has been REMOVED.
Saw a pic yesterday of zero visiting the “Ann Dunham” center in Hawaii. I thought what the heck.
I thought your generalization included her.
dunham lawyer had given the judge a COPY of the forged pdf certificate.
Why can’t I show a copy of my driver’s license?
Barack Obama was born August 4, 1961 in Honolulu, Hawaii. His parents - Barack Hussein Obama Sr. from Kenya, and Ann Dunham of Wichita, Kansas - met while both were attending the East-West Center of the University of Hawaii at Manoa
Anybody who believed, even for a second, that any judge in any courtroom in this country was going to embrace any of this this birther nonsense is an idiot.
“She was especially fascinated by the history of the East-West Center in Manoa, where Dunham met Barack Obama Sr., a visiting Kenyan scholar. The institution had just been established and brought in this influx of international energy and melting-pot experience of Asia and the West at that moment, Scott said.”
“A photo from the 1960s provided by Barack Obama’s presidential campaign shows him as a young child with his mother, Stanley Ann Dunham. His Kansas-born mother met his father, Barack Obama Sr., at the East-West Center in Manoa”
And the fact that Judge Malihi took note of and relied upon on the established rule of statutory construction in his earlier order, but then made assertions contrary to that principle in his final decision, should not go unnoticed by those versed in constitutional law.
Opponents of the controversial birthright citizenship practice should also take note, since Judge Malihi’s opinion further entrenches the notion that every baby born on U.S. soil, regardless of the citizenship or domicile of its parents (presumably even an “anchor baby” or “birth tourist” baby) is a “natural born” citizen. So would have been Anwar al-Awlaki.
And this is what I warned people about. The notion that being born in a country makes one a citizen is ubiquitous throughout the legal profession. We may be right on the facts, but the Legal system is virtually united on their misunderstanding of the law. They can't even comprehend the argument against it.
It is but another reason that much of the system needs to be cleaned out root and branch.
That was a very stupid move on the part of the plantiffs.
They could have avoided Orly Taitz mis-directing the course of events by taking the summary judgement.
They won...they had it in hand and they totally blew it.
I understand their principle about having it judged on its merits but they never had a chance for that to happen!!!
And now we have yet another example of case law redefining natural born citizen.
People just need to get used to the fact that the idea of America is over and unfortunately there is going to be only one way to get it back.
based upon the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the borders of the United States are natural born Citizens for Article II, Section 1 purposes, regardless of the citizenship of their parents.
But lets cut to the chase. Chief Justice swore in Obama not once but twice. If this case ever makes it to the Supreme Court, do you honestly think he is going to say “you know, when I swore him in, I was ignorant of the law and of the Constitution and made a huge legal error.”? That is what must happen for all this to end up the way you wish. Do you really think Roberts would have sworn in a man he knew was not eligible?
The judge even stated that those subpoenas were not enforceable beyond the borders of Georgia.
That is right. When I married my first wife I adopted her 8 year old daughter, she has given me 3 grand daughters to date, there was the necessity to publish this in the newspaper of record
So there should be a newspaper record of this adoption in HI.
I believe the fogbrain crew had an involvement in this. I believe I had read that they were sending information to the Judge's staff, and one or more of them are known to be attorneys in the Area, so I have no doubt they mounted a back door defense for Obama and steered the judge towards their compiled "evidence."
I would hope the plaintiffs can explain this to the SoS. He could deny the conclusions of the ALJ if he feels it wasn't given a fair shake.
Had the ALJ given him cover, I think the Secretary of state would have supported a decision to keep Obama off the ballot. Since the ALJ didn't, it will be the SOS out there all by himself. I very much doubt he will decide to endure as much bile and vitriol as will be directed at him.
He's going to decide Obama is eligible. That is my prediction.
54sec “Where she was pregnant with barack at the time”
“Ann Dunham” Exhibition at East-West Center
NO. Roberts would not have sworn in a man he knew was not eligible. The Problem is, He did swear in a man who was not eligible, but Roberts didn't know this aspect of the law well enough to realize it.
It takes a great deal of research to look past the constant assertion that being born here makes someone a natural born citizen. Unless people have actually bothered to learn of the origins of Article II, and how the term mentioned therein was understood in that day an era, then they will simply not understand.
Falling down a hill is easy. Climbing up one is not.
Not one pic of “pregnant” Stanley Ann Dunham..
Mail your contribution:
ATTN: Ann Dunham Soetoro Endowment Fund
P.O. Box 11270
Honolulu, HI 96828-0270
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.