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All That Is Wrong with Georgia State Judge Michael M. Malihiís Decision...
Natural Born Citizen ^ | February 3, 2012 | Mario Apuzzo, Esq.

Posted on 02/04/2012 7:39:14 AM PST by Hotlanta Mike

Georgia State Administrative Law Judge, Michael M. Malihi, issued his decision on Friday, February 3, 2012, finding that putative President, Barack Obama, is eligible as a candidate for the presidential primary election under O.C.G.A. Sec. 21-2-5(b). The decision can be read here, http://obamareleaseyourrecords.blogspot.com/2012/02/judge-malihi-rules-against-plaintiffs.html . I must enter my objection to this decision which is not supported by either fact or law.

The Court held: “For purposes of this analysis, this Court considered that President Barack Obama was born in the United States. Therefore, as discussed in Arkeny [sic meant Ankeny], he became a citizen at birth and is a natural born citizen.”

(Excerpt) Read more at puzo1.blogspot.com ...


TOPICS: Conspiracy; Government; Politics
KEYWORDS: birther; moonbatbirther; naturalborncitizen
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1 posted on 02/04/2012 7:39:20 AM PST by Hotlanta Mike
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According to NPR via NYT
NEWT leads Mitt 39-32
when FL vote divided per RNC rules!

Pass the word!


Click to Donate to Newt Gingrich

CONTACT FOR RNC: website@nrcc.org

310 First Street
Washington DC 20003

Encourage them to do the RIGHT thing, end the FL fiasco NOW, Play by the rules!

2 posted on 02/04/2012 7:43:38 AM PST by hoosiermama (FR Unite... Get active contacting MSM, RNC. etc... freepmail : Mountain Mary.)
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To: Hotlanta Mike

Bottom line: The dictator’s thugs got to the judge.


3 posted on 02/04/2012 7:52:32 AM PST by crosshairs (Liberalism is to truth, what east is to west.)
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To: Hotlanta Mike; LucyT

As posted a plethora of times:!

The unreported and unprecedented meeting with eight out of nine of our most blackest robed at SCOTUS on January 14, 2009, very effectively took care of future court challengers of the NBC issues!!

It trickled down to the lower courts, to State and Municipality officials. Jack Maskel’s memos silenced ALL 535 CONcritters, incl. newly Tea Party elected candidates in 2010. The United States under the usurper and an illegal alien are without any foundational laws = CONSTITUTION!!!


4 posted on 02/04/2012 8:04:31 AM PST by danamco (-)
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To: crosshairs

That was my first thought. Probably walked in and dropped off photos of the judge’s kids and family. This is the sickest thing about Chicago-style thug politics: everyone knows Zero’s enablers are more than capable of stooping to such tactics, but no one is willing to say it.


5 posted on 02/04/2012 8:04:55 AM PST by FateAmenableToChange
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To: Hotlanta Mike

I still suspect that Zer0 lost his citizenship in the move to Indonesia and his CIA connected grammar finessed it back upon his return to the US.


6 posted on 02/04/2012 8:24:33 AM PST by Paladin2
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To: Hotlanta Mike

This speaks volumes about the dishonesty of this article:

“The Court held: “For purposes of this analysis, this Court considered that President Barack Obama was born in the United States. Therefore, as discussed in Arkeny [sic meant Ankeny], he became a citizen at birth and is a natural born citizen.”

But there is no evidence before the Court that Obama was born in the United States. The court can only rest its finding of fact on evidence that is part of the court record. The judge tells us that he decided the merits of the plaintiffs’ claims. But he does not tell us in his decision what evidence he relied upon to “consider[]” that Obama was born in the United States.”

But the section he refers to is the case where the plaintiffs said that even if born in the USA, Obama was disqualified because of his father. So the judge said, “For purposes of this analysis, this Court considered that President Barack Obama was born in the United States....”

The judge was analyzing that PART of the argument, and not trying, in that section, to determine birth location.


7 posted on 02/04/2012 8:24:51 AM PST by Mr Rogers ("they found themselves made strangers in their own country")
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To: Hotlanta Mike

So the Judge determined that the birth certificate was real?
I know it was provided by Plaintiffs and BO refused to submit anything. This analysis is very convaluted. The purpose of the testimony was to show the BC was fake. This Judge could have ruled using the coffee mug BO is selling.
What a joke. I hope Sheriff Joe has something but that seems like another string along the masses concept. If he has something,he needs to get it out soon. The Dems are going after Joe and the Repubs are trying their best to ignore Fast & Furious. Any ideas?


8 posted on 02/04/2012 8:43:07 AM PST by DrDude (Governor of the 57th State)
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To: Hotlanta Mike
Mr. Apuzzo may call Ankeny as "bad law" and I suppose folks can use that phrase as an excuse not to read it or try to understand it. Now another Judge has found the ruling in Ankeny "persuasive." Retired Supreme Court justice Sandra Day O'Connor said that Obama is eligible to be President because he was born in Hawaii. The entire Congress certified the 2008 election. I've read the cases and the history books as much as anybody, and I found not one word in Malihi's ruling that surprised me. Perhaps one might consider the possibility that instead of Ankeny being bad law, Apuzzo has a bad argument. And anyone who thinks a judge is going to be persuaded by Apuzzo is setting themselves up for a disappointment.
9 posted on 02/04/2012 8:45:57 AM PST by Doc Conspiracy (Fishing for gold coins in a bucket of mud)
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To: Doc Conspiracy
Perhaps one might consider the possibility that instead of Ankeny being bad law, Apuzzo has a bad argument. And anyone who thinks a judge is going to be persuaded by Apuzzo is setting themselves up for a disappointment.

Exactly right. The footnotes in Judge Malihi's opinion cite numerous Supreme Court decisions from the 19th Century stating that a Natural Born Citizen is one born in the U.S., regardless of the citizenship of the parents.

10 posted on 02/04/2012 8:56:50 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Mr Rogers

You said: “But there is no evidence before the Court that Obama was born in the United States.”

That’s not correct. A copy of the President’s long-form birth certificate was submitted into evidence by Welden, Powell, and Swensson who RELIED on it to make their case that Barack Obama’s father was Kenyan.

In addition to that, Orly submitted various exhibits including the Indonesian school form that said Obama’s place of birth was Hawaii. Further she submitted the Allen FOIA (Soetoro immigration file) that contains a 1967 State Department memo to the file saying Barack Obama was born in Honolulu.

While Orly spent some time trying to convict the President of forgery, social-security fraud and using a false name, I didn’t hear one word claiming that Obama was born outside the United States.

So I cannot see how the Judge could have seen anything to make him think Obama was born outside the United States.

I continue to marvel at how the birthers continue to put their hopes in the totally inept Orly Taitz, who screwed this case up beyond recognition.


11 posted on 02/04/2012 9:00:54 AM PST by Doc Conspiracy (Fishing for gold coins in a bucket of mud)
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To: Doc Conspiracy

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.

http://libertylegalfoundation.org/


12 posted on 02/04/2012 9:03:22 AM PST by Hotlanta Mike (TeaNami)
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To: Hotlanta Mike
With 6 other states watching this process, I think the whole thing was a set-up from the beginning in order to "bury" the citizenship issue for obama for the upcoming election.

This puts it "on record" that a "judge" has declared obama to be a NBC, and, discourages the other states from following suit.

Another "perfect storm" for the obama people. The fix is in.

OBAMAMALIHI, OBAMA'S APPEAL
13 posted on 02/04/2012 9:05:29 AM PST by FrankR (You are only enslaved to the extent of the entitlements you receive.)
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To: Hotlanta Mike

Makes me sick to my stomach. FReeper David said as much last night.

http://www.freerepublic.com/focus/bloggers/2842152/posts?page=335#335

They don’t even have to fly back “home”. They can stay right here.


14 posted on 02/04/2012 9:21:08 AM PST by azishot
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To: David

Oops, sorry David. Should have pinged you to post #14.


15 posted on 02/04/2012 9:23:24 AM PST by azishot
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To: Doc Conspiracy

Get lost Commie retread troll.


16 posted on 02/04/2012 9:29:40 AM PST by Red Steel
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To: Hotlanta Mike

So the Judge set a new legal precedent...you can not show up for court and tell the Judge to f*ck off and still win! Amerika what a country!

Prayerfully, the Georgia SOS has some cajones and ignores the Judge’s recommendation and takes Øbama off the ballot.


17 posted on 02/04/2012 9:48:04 AM PST by bjorn14 (Woe to those who call good evil and evil good. Isaiah 5:20)
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To: danamco

“...very effectively took care of future court challengers of the NBC issues!!”

Then WHY has Bath-House Barry had to spend millions to fight these cases????

Not everyone got the memo?


18 posted on 02/04/2012 9:50:31 AM PST by Mortrey (Impeach President Soros)
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To: crosshairs

You wrote: “Bottom line: The dictator’s thugs got to the judge.”

Yes, I believe they did.

Barack Hussein Obama is NOT A NATURAL BORN CITIZEN and is, therefore, an UNCONSTITUTIONAL president . Every member of the Executive Branch, both Houses of Congress, the Judiciary AND the highest levels of the US Military knows this to be a fact (tell me that guys like Maj Gen Paul Vallely (Ret) and his former associates haven’t talked about it... damn, it’s an open secret!)

Now here’s how the “pressure” works on the judges and it does not even have to be a “threat.”

The judge gets a phone call or perhaps even a visit. “Judge, we highly really recommend that you find in favor of the President. You know that if he is kept of the ballot, that there will be race riots in Atlanta and even perhaps other cities like Boston, DC, Baltimore, Detroit, Chicago,... and so on and so on. Do YOU want to be the person responsible for making that happen? The Nation, thereby, would be thrown in civil disorder making the country vulnerable to OUTSIDE threats while our law enforcement, National Guard and maybe even our military attend to these civil disturbances. Again, do you want to be responsible for that?”

The mere fact that Barack Hussein Obama, an UNCONSTITUTIONAL PRESIDENT, is in of itself A NATIONAL SECURITY THREAT. He will not ever be impeached or removed in any judicial process and he certainly will not resign. We and Our Nation are being held hostage, hopefully, for only the near-term.

WE HAVE TO BEAT HIM AT THE BALLOT BOX, I’m sorry to say.

As much as I hate this man, I pray daily for his safety BUT if My Lord In Heaven decides to “call him home” by way of a myocardial infarction, it will not bother me one bit.


19 posted on 02/04/2012 9:50:46 AM PST by Joe Marine 76 ("It's The Natural Born Citizenship, Stupid!")
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To: FrankR

Just remember, this is an administrative judge ruling on an administrative hearing to be on the primary ballot. Once the SOS makes a decision there will be appeals to the GA Superior Court based on the judges’ arguments.


20 posted on 02/04/2012 10:01:29 AM PST by Hotlanta Mike (TeaNami)
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