Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Georgia Judge Rules Against Plaintiffs: Attorney Mark Hatfield "taking it up on appeal"
Obama Release Your Records ^ | Febuary 3, 2012; 4:16 PM | ObamaRelease YourRecords

Posted on 02/03/2012 5:14:27 PM PST by Red Steel

Greetings,

As you know we were expecting word out of Georgia today and we got it. Late this afternoon Judge Malihi issued his ruling against all four Plaintiffs.

We caught up with Swensson/Powell's counsel, Mark Hatfield, late this afternoon to get his initial take on the ruling. Here is what he stated “obviously we are disappointed w/the decision, but there are a couple of items in the ruling that we are looking at. 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 that clearly defined natural born Citizen, established precedent. When asked about next steps Hatfield stated "we are going full bore and taking it up on appeal”.

Click this link to read Judge Malihi's ruling - http://www.art2superpac.com/georgiaballot.html

We will be following this in detail and will keep you abreast of activities as they unfold.

Remember, this isn't a race instead we are running a marathon.

Sincerely, Helen Tansey Director


TOPICS: Government
KEYWORDS: certifigate; naturalborncitizen
Navigation: use the links below to view more comments.
first 1-5051-58 next last

1 posted on 02/03/2012 5:14:36 PM PST by Red Steel
[ Post Reply | Private Reply | View Replies]

Comment #2 Removed by Moderator

To: Red Steel

Going to do some other things..I’ll be back. :-)


3 posted on 02/03/2012 5:19:41 PM PST by Red Steel
[ Post Reply | Private Reply | To 1 | View Replies]

To: All


Help End The Obama Era In 2012
Your Monthly and Quarterly Donations
Help Keep FR In the Battle!

Sponsoring FReepers are contributing
$10 Each time a New Monthly Donor signs up!
Get more bang for your FR buck!
Click Here To Sign Up Now!


4 posted on 02/03/2012 5:21:19 PM PST by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
[ Post Reply | Private Reply | To 3 | View Replies]

To: Red Steel

Can I say, “I told you so”?


5 posted on 02/03/2012 5:23:23 PM PST by count-your-change (You don't have to be brilliant, not being stupid is enough.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Steel
"while also noting the Judge ignored the Minor court in Minor v Happersett, a ruling that clearly defined natural born Citizen..."

Actually, the ruling REJECTS the idea that Minor attempted to define NBC. That isn't surprising, since Minor says, "For the purposes of this case it is not necessary to solve these doubts."

If the guy tries to appeal by saying the judge ignored what the judge specifically addressed:

"In deciding whether a woman was eligible to vote, the Minor Court merely concluded that children born in a country of parents who were its citizens would qualify as natural born, and this Court agrees. The Minor Court left open the issue of whether a child born within the United States of alien parent(s) is a natural born citizen."

then his appeal won't go anywhere.

6 posted on 02/03/2012 5:25:09 PM PST by Mr Rogers ("they found themselves made strangers in their own country")
[ Post Reply | Private Reply | To 1 | View Replies]

To: count-your-change

Ditto. Crap case in a meaningless ALJ Court. If ya can’t win in an ALJ Court when the other side doesn’t show up ... well . . .


7 posted on 02/03/2012 5:26:25 PM PST by RIghtwardHo
[ Post Reply | Private Reply | To 5 | View Replies]

To: Mr Rogers

This appeal’s going nowhere anyway.

I feel sorry for anyone who has actually attached emotional importance to this in the false belief it ever had the slightest promise of achieving anything. It has less of a chance than that proverbial snow ball in the unholy place.


8 posted on 02/03/2012 5:28:39 PM PST by tired_old_conservative (.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: RIghtwardHo

“Ditto. Crap case in a meaningless ALJ Court. If ya can’t win in an ALJ Court when the other side doesn’t show up ... well . . .”

Well said.


9 posted on 02/03/2012 5:30:06 PM PST by tired_old_conservative (.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Red Steel
In addition to
" the Judge ignored the Minor court in Minor v Happersett, a ruling that clearly defined natural born Citizen, established precedent."

it appears that Judge Malihi found the witnesses (BC/SS#) were 'never tendered or qualified as experts' and dismissed the (BC/SS#) evidence based on the lack of probative value.

Disappointing, but the evidence was entered and ruled upon opening the opportunity to pursue appeal.

10 posted on 02/03/2012 5:33:10 PM PST by wtd
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Steel

Soapbox - doesn’t exist anymore;
Ballot box - voter fraud is rampant;
Jury box - see this judge’s ruling and rumors that SCOTUS will likely uphold DeathCare.

Only one box left.


11 posted on 02/03/2012 5:34:25 PM PST by NTHockey (Rules of engagement #1: Take no prisoners)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Mr Rogers
If the guy tries to appeal by saying the judge ignored what the judge specifically addressed:

Reminds me of the "what the definition of is is".

12 posted on 02/03/2012 5:38:10 PM PST by al44
[ Post Reply | Private Reply | To 6 | View Replies]

To: Red Steel

The Judge played us all for suckers.

He never had any intention of ruling against Obama, he wanted publicity and he got it.

The outcome of this trial is the Judge’s practical joke on anyone foolish enough to believe we would get an honest trial.

The fix was in from the beginning,the lawyer knew it and didn’t even bother to show up.


13 posted on 02/03/2012 5:38:35 PM PST by Venturer
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Steel
The Constutional Meaning Of "Natural Born Citizen"
14 posted on 02/03/2012 5:53:02 PM PST by sourcery (If true=false, then there would be no constraints on what is possible. Hence, the world exists.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Red Steel

So the “peril” stuff was all BS.

For how much was Judge Mahili bought?


15 posted on 02/03/2012 5:54:07 PM PST by 1_Rain_Drop
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Steel

I suspect the judge, after he agreed to hear the case and did not just throw it out received an offer he couldn’t refuse.


16 posted on 02/03/2012 5:58:36 PM PST by arthurus (Read Hazlitt's "Economics In One Lesson.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: NTHockey

They’re pushing us to the ammo box on purpose. They know damn well that when the clarion call sounds, no one will listen nor care.

We are about to descend into true totalitarianism with little more than a few websites of dissenters. Everyone else is too concerned with what Steven Tyler’s going to say on American Idol.


17 posted on 02/03/2012 5:59:29 PM PST by rarestia (It's time to water the Tree of Liberty.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: sourcery

WHAT IS the point of posting that link? Stop it.

The Constitution is dead.
There’s no need to be concerned about natural or naturalized anymore. In the NWO, it won’t matter anyway. Money is all that matters.

Any idiot with enough money can rule the US now.
obama is here to stay.


18 posted on 02/03/2012 6:03:13 PM PST by 1_Rain_Drop
[ Post Reply | Private Reply | To 14 | View Replies]

To: arthurus
“I suspect the judge, after he agreed to hear the case and did not just throw it out received an offer he couldn’t refuse.”

I suspect it's much simpler: the judge can read actually read.

19 posted on 02/03/2012 6:07:02 PM PST by tired_old_conservative (.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Red Steel
This is very disappointing but we can appeal. Also there will be another eligibility-issue hearing, in Memphis TN at or around the 24th, against the DNC this time.

----

UPDATE – Georgia ruled and it’s not good. Judge Malihi found Wong Kim Ark to be the deciding standard. That means anyone can fly over to the U.S. have a baby and fly back to another country, raise their kid there and when that kid moves back to the U.S. he or she can run for President. We’ll post more and send out a message tomorrow.<.i>

http://libertylegalfoundation.org/

20 posted on 02/03/2012 6:14:32 PM PST by zipper (espions sur les occupants)
[ Post Reply | Private Reply | To 1 | View Replies]

To: arthurus

An offer he cold not refuse. . .or a threat; he could not ignore.


21 posted on 02/03/2012 6:17:57 PM PST by cricket (America restored;. . .Newt CAN make it happen.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: arthurus

An offer he cold not refuse. . .or a threat; he could not ignore.


22 posted on 02/03/2012 6:17:57 PM PST by cricket (America restored;. . .Newt CAN make it happen.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: arthurus

An offer he cold not refuse. . .or a threat; he could not ignore.


23 posted on 02/03/2012 6:17:57 PM PST by cricket (America restored;. . .Newt CAN make it happen.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: arthurus

An offer he cold not refuse. . .or a threat; he could not ignore.


24 posted on 02/03/2012 6:17:57 PM PST by cricket (America restored;. . .Newt CAN make it happen.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: arthurus

An offer he cold not refuse. . .or a threat; he could not ignore.


25 posted on 02/03/2012 6:17:57 PM PST by cricket (America restored;. . .Newt CAN make it happen.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: rarestia; sourcery

We truly are beyond a constitutional crisis.

The people are still asleep. Those of us who can still see are watching the most amazing “communist” takeover of our nation! “They” have been infiltrating our institutions for decades, and now their infiltration is complete.

To say we are screwed is a gross understatement.


26 posted on 02/03/2012 6:19:30 PM PST by WXRGina (Further up and further in!)
[ Post Reply | Private Reply | To 17 | View Replies]

To: zipper

Intellectual dishonesty runs rampant in government including the judiciary.


27 posted on 02/03/2012 6:19:44 PM PST by Red Steel
[ Post Reply | Private Reply | To 20 | View Replies]

To: tired_old_conservative
I suspect it's much simpler: the judge can read actually read.

Oh, the judge read somewhere that "Obama" is constitutionally qualified to be on the Georgia ballot as a presidential candidate, and that he proved his qualification? Oh, good. I'm glad to know that.

28 posted on 02/03/2012 6:24:32 PM PST by WXRGina (Further up and further in!)
[ Post Reply | Private Reply | To 19 | View Replies]

To: NTHockey
I thought that very thing when I first heard about the ruling.

My father asked me today if I thought that 0bama would leave office voluntarily and peacefully. I told him that I thought so, and at the time I did. But now, no I don't.

I see Bad, BAD times a-coming and even if Romney wins it all it isn't going to get any better. Just some more kicking the can down the road I feel. Soon there won't be anymore road to go down.

29 posted on 02/03/2012 6:25:51 PM PST by The Working Man (The mantra for BO's reign...."No Child Left a Dime")
[ Post Reply | Private Reply | To 11 | View Replies]

To: cricket

Precisely ! Remember who we’re dealing with here!


30 posted on 02/03/2012 6:34:06 PM PST by The Sons of Liberty (Psalm 109:8 Let his days be few and let another take his office. - Mene, Mene, Tekel, Upharsin)
[ Post Reply | Private Reply | To 21 | View Replies]

To: Red Steel
Absolutely perfect:

A hearing/trial is held

The principal party and his lawyer tell the SoS & Judge, piss off.

The judge finds for the accused?

I guess I am missing something here.

31 posted on 02/03/2012 6:39:02 PM PST by SERE_DOC (My Rice Krispies told me to stay home & clean my weapons!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cricket

If a judge can be threatened to the point where it affects his “judgements”, he should leave the bench and go sell shoes.


32 posted on 02/03/2012 6:45:53 PM PST by Mortrey (Impeach President Soros)
[ Post Reply | Private Reply | To 24 | View Replies]

To: tired_old_conservative; RIghtwardHo

“Ditto. Crap case in a meaningless ALJ Court. If ya can’t win in an ALJ Court when the other side doesn’t show up ... well . . .”

Well said.


If the plaintiffs had any expectations that this would not be appealed, regardless of the verdict, then they were wasting their time. Interestingly, if they had won, Obama may not have appealed since he doesn’t need Georgia and the SOS could have been pressured to rule in Obama’s favor. Now the ruling will certainly be appealed and proceed to a higher court. Perhaps Malahi has done the plaintiffs a favor??


33 posted on 02/03/2012 6:50:23 PM PST by visually_augmented (I was blind, but now I see)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Red Steel

Face it people, a signed video confession by Obama stating he was not born it in the US will change nothing, the fix is in, live with it.


34 posted on 02/03/2012 6:52:33 PM PST by Sea Parrot (Be wary of strong drink. It can make you shoot at tax collectors... and miss. Robert A. Heinlein)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sea Parrot

I hear you, but this is not about where he was born. His supposed father was a foreigner; that makes him NOT a natural born citizen, period.


35 posted on 02/03/2012 6:54:30 PM PST by WXRGina (Further up and further in!)
[ Post Reply | Private Reply | To 34 | View Replies]

To: SERE_DOC

The Judge went back on his word.
Can the SoS still keep obama’s name off the ballot?


36 posted on 02/03/2012 7:08:33 PM PST by 1_Rain_Drop
[ Post Reply | Private Reply | To 31 | View Replies]

To: 1_Rain_Drop

Hey RD

Yes, the Emperor gets a free ride and is above the law. What a joke....

Looks like Obama needs to get the FEMA camps ready! Free room and board.


37 posted on 02/03/2012 8:27:56 PM PST by hapnHal (hapnHal)
[ Post Reply | Private Reply | To 18 | View Replies]

To: Mr Rogers

Rogers, you just contradicted yourself. You said the judge rejected the idea that Minor attempted to define NBC, but then you quoted the judge saying “he Minor Court merely concluded that children born in a country of parents who were its citizens would qualify as natural born.” I’m not sure what country you live in, but here in the United States, that’s an attempt to define it. The judge only takes issue with whether it was an exclusive definition, which is actually proven by reading the whole Minor decision and not Ankeny’s misinterpretation. Couple that with the judge’s failure to provide any legal evidence to support the assumption that Obama was born in Hawaii, then there’s nothing that supports keeping Obama on the ballot.he Minor Court merely concluded that children born in a country of parents who were its citizens would qualify as natural born.


38 posted on 02/03/2012 11:04:31 PM PST by edge919
[ Post Reply | Private Reply | To 6 | View Replies]

To: 1_Rain_Drop

Yes, but the SoS will have to support his rationale for not following the judge’s recommendation. The easiest way to do this is by explaining that the judge failed to find any facts that support the assumption that Obama was born in Hawaii.


39 posted on 02/03/2012 11:06:25 PM PST by edge919
[ Post Reply | Private Reply | To 36 | View Replies]

To: Mr Rogers
On the bright side, we can now legally run third party Mexican anchor babies in the western states and fracture the democrat voting block.

And if they win, Mexicans can take California and shoot the liberal gringos.

40 posted on 02/04/2012 12:13:50 AM PST by PA-RIVER
[ Post Reply | Private Reply | To 6 | View Replies]

To: cricket

Same thing.


41 posted on 02/04/2012 6:15:14 AM PST by arthurus (Read Hazlitt's "Economics In One Lesson.")
[ Post Reply | Private Reply | To 24 | View Replies]

To: WXRGina
His supposed father was a foreigner; that makes him NOT a natural born citizen, period.

Not according to any court or any case law in the country. MvH has never said what birthers seem to think it said.

42 posted on 02/04/2012 6:33:04 AM PST by Drew68
[ Post Reply | Private Reply | To 35 | View Replies]

To: RIghtwardHo
If ya can’t win in an ALJ Court when the other side doesn’t show up ... well . . .

Yep. Birthers lost to a couple of empty chairs. Tells me everything I already knew about the birther argument. Looks like we're going to actually have to vote Obama out of office in November. Orly Taitz isn't going to save us.

43 posted on 02/04/2012 6:37:35 AM PST by Drew68
[ Post Reply | Private Reply | To 7 | View Replies]

To: edge919

What the judge wrote was:

“In deciding whether a woman was eligible to vote, the Minor Court merely concluded that children born in a country of parents who were its citizens would qualify as natural born, and this Court agrees. The Minor Court left open the issue of whether a child born within the United States of alien parent(s) is a natural born citizen.”

To repeat for you, since you have missed it repeatedly for years:

“The Minor Court left open the issue of whether a child born within the United States of alien parent(s) is a natural born citizen.”

That means the Minor court accepted that X was part of NBC, but left open if Y was - which means they did not attempt a definition.

“The judge only takes issue with whether it was an exclusive definition, which is actually proven by reading the whole Minor decision and not Ankeny’s misinterpretation.”

What Minor wrote was:

“As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts.”

That leaves no doubt in any sane person’s mind that Minor did NOT attempt a full and conclusive definition.

“The assistant vice-chancellor in New York ignored Supreme Court precedent from Inglis v. Sailor’s Snug Harbour that disproved his belief. There’s a reason why this case is NOT quoted as precedence.”

Actually, it was cited with approval by the Supreme Court in WKA. Nor did Snug Harbor deal with the issue of a person born in the US with alien parents. It dealt with the American ante nati - those born in disputed territories during the war. That is why a rational person doesn’t apply Snug Harbor to the Obama situation. It simply does not match, as it did not match the situation of Lynch in the 1840s.

“If John Inglis, according to the first supposition under this point, was born before 4 July, 1776, he is an alien unless his remaining in New York during the war changed his character and made him an American citizen. It is universally admitted both in the English courts and in those of our own country that all persons born within the colonies of North America whilst subject to the Crown of Great Britain were natural born British subjects, and it must necessarily follow that that character was changed by the separation of the colonies from the parent state and the acknowledgement of their independence.

The rule as to the point of time at which the American ante nati ceased to be British subjects differs in this country and in England as established by the courts of justice in the respective countries.”

http://supreme.justia.com/cases/federal/us/28/99/case.html

This phrase from Snug Harbor shows the ‘natural born’ wording used at the time was not linked to Vattel or ‘natural law’: “It is universally admitted both in the English courts and in those of our own country that all persons born within the colonies of North America whilst subject to the Crown of Great Britain were natural born British subjects...”

Birth created NBS, not parentage. And ‘natural born’ referred to the well known legal phrase used for hundreds of years in english law, not to a book by Vattel.

I hoped Georgia would rule Obama ineligible. However, it seems the birther argument is so weak that it doesn’t even hold up when the other side doesn’t bother to go to court.


44 posted on 02/04/2012 6:46:53 AM PST by Mr Rogers ("they found themselves made strangers in their own country")
[ Post Reply | Private Reply | To 38 | View Replies]

To: Red Steel
I am a realist.

Obviously, our entire political system, the courts, the conservative and Marxist media, law enforcement, and our highest military are utterly corrupt. An oath means nothing to them. Millions of our citizens are willing to vote for a Marxist with a completely unknown history.

So...The thing to do is prepare for when the SHTF, because it is inevitably coming. The only glue that has held our nation's experiment in self-rule together is the basic morality, honesty, and good will of the citizenry. That glue is no longer there.

God will turn His face from this country and no one should be surprised? Why would God save a nation that:

1) Murders infants in the womb, some having their skulls crushes seconds before their first breath.

2) Sends 85% its children to godless government socialist-entitlement schools. Just to cooperate in the godless classroom the child must think and reason godlessly. How could it be otherwise?

45 posted on 02/04/2012 7:00:58 AM PST by wintertime (I am a Constitutional Restorationist!!! Yes!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Mr Rogers
What would hold up in court ( or elsewhere)?

What would be your strategy?

46 posted on 02/04/2012 7:02:42 AM PST by wintertime (I am a Constitutional Restorationist!!! Yes!)
[ Post Reply | Private Reply | To 44 | View Replies]

To: rarestia
"We are about to descend into true totalitarianism with little more than a few websites of dissenters. Everyone else is too concerned with what Steven Tyler’s going to say on American Idol."

Sadly, you are correct. Just look and the number of replies the American idol threads accumulate compared to the eligibility threads. Remember, this is on a forum where the mission statement is to protect and defend the Constitution.

Sickening.

47 posted on 02/04/2012 7:10:57 AM PST by Godebert (NO PERSON EXCEPT A NATURAL BORN CITIZEN!)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Drew68
Orly Taitz isn't going to save us.
^^^^^^^^^^^^^^^^^^^^^^^^^

And, neither will God. ( see post #45.)

48 posted on 02/04/2012 7:15:51 AM PST by wintertime (I am a Constitutional Restorationist!!! Yes!)
[ Post Reply | Private Reply | To 43 | View Replies]

To: wintertime

“What would hold up in court ( or elsewhere)? / What would be your strategy?”

I don’t think a birther argument is going to go anywhere in the courts or Congress. It is not a totally illogical argument, but it is a weak one. And at this point, I honestly think it is DEAD. Agree with the NBS=NBC argument or not, from 2008 on, the USA will allow someone born in the USA of foreign parents to be President.

So the only strategy I see is fighting to remove Obama at the ballot box. I think this is going to be a very hard election to win, in spite of his dismal performance. Look at what Mitt did to Newt in Florida. If you have a huge cash advantage, and the media kisses your butt, you are very hard to beat.

In the general election, Obama will have hundreds of millions in foreign money - just as he did in 2008, and no one even investigated him for it. The media will be a fully behind him as they were Mitt in Florida, and I honestly think the GOP establishment would PREFER Obama in office.

So beating Obama in 2012 ain’t going to be a cakewalk. I expect a brutal fight against an opponent with every advantage. And if Mitt win the GOP nomination, I may decide it doesn’t matter. Look at what Mitt’s friend and political bedmate did in NJ. He nominated liberal activists to the Supreme Court in NJ in the name of diversity - because NJ NEEDS a faggot on the high court!

I’ve always held my nose and voted for folks like Bob Dole & McCain due to the impact of judges, but Christie has convinced me the establishment GOP no longer cares about anything. So if Mitt is the nominee, I’ll probably work hard to get Jesse Kelly elected in southern Arizona (http://www.votejessekelly.com/issues#debt).

Sorry to sound so negative. I’m coming to the conclusion that America abandoned God, and now He is turning us over to the judgement we deserve. Greed, envy, killing infants and butt-plugging men seems to be the goal of America any more. Without revival, spiritual revival, I see no hope for America.


49 posted on 02/04/2012 7:39:14 AM PST by Mr Rogers ("they found themselves made strangers in their own country")
[ Post Reply | Private Reply | To 46 | View Replies]

To: Drew68
Not according to any court or any case law in the country. MvH has never said what birthers seem to think it said.

Birthers?

I've read the section of Minor in question, and it is almost an aside--a given--that the founders, even though they (stupidly) did not define natural born citizen, everyone understood its meaning. And, if Minor has no application, why did Justia bend over backward scrubbing all references to it in the run-up to the '08 election?

Go ahead and defend the mystery man Obama (or whatever his real name is), I know he's a criminal fraud.

50 posted on 02/04/2012 9:05:34 AM PST by WXRGina (Further up and further in!)
[ Post Reply | Private Reply | To 42 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-58 next last

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.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson