I don't doubt this. One of the fogbow crew was posting something about "you won't like the outcome" as if he already knew what was going to happen several days earlier. There was a similar incident when Montana (or maybe another state) was looking at changing their ballot requirements to force the submission of a long-form BC to get on. He was citing something that he insisted had happened but was not posted at the site where it would have been posted.
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.
It would be funny, and actually appropriate, to see Kemp throw Judge Malihi under the bus. "Judge Malihi was supposed to perform the simple of duty of presenting me with Findings of Fact and Conclusions of Law. He has failed in both circumstances, opting to express his own personal agenda. We are seeking his removal from office and will deny Obama to be on either the primary ballot or general ballot for lack of evidence."
That would be great, but it's wishful thinking. A man can be expected to stand against the forces which will be arrayed against him if he has someone backing him up with the law, but by himself? I would be astounded that he would be willing to do so.
I think we may have discovered an avenue of victory though. If Obama won't show up or present evidence for any of these hearings, next time we take a default judgement, and let THEM sue to overturn it. (Providing we can find another state to try this in.)