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To: Red Steel
More excerpts.

Attorney Hatfield-

"A third significant flaw in Judge Malihi's "Decision" is that he completely failed to make a determination as to the proper placement of the burden of proof, and he failed to apply the burden of proof to his factual and legal conclusions. On January 19, 2012, Plaintiffs Swensson and Powell filed a "Motion For Determination of Placement of Burden of Proof" in which Plaintiffs sought an order of the Court, pursuant to Haynes v. Wells, 273 Ga. 106, 108-109, 538 S.E. 2d 430, 433 (2000), requiring Defendant Obama to affirmatively establish his eligibility for office. Not only did Judge Malihi not rule on Plaintiffs' motion in advance of trial, as was requested by Plaintiffs, but the judge never even addressed or resolved the motion in his final ruling. I do note, however, that the judge did indicate, in an in-chambers meeting at trial with all of the attorneys for the various Plaintiffs, that Defendant Obama probably carried the burden of proof in these proceedings.

The significance of the Court's failure to rule on the burden of proof is immediately apparent. The Defendant and his lawyer failed to attend trial and failed to offer any evidence, and such failures were intentional, as shown by defense counsel's letter of January 25, 2012."



So much bull in this Obama Kangaroo court.

20 posted on 02/07/2012 2:33:30 PM PST by Red Steel
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To: Red Steel
And more excerpts:

"The fifth, and perhaps most glaring, flaw in Judge Malihi's "Decision" is his adoption of the non-binding reasoning of the Indiana Court of Appeals in Ankeny v. Governor of Indiana, 916 N.E. 2d 678 (2009), in finding that "a person qualifies as a natural born citizen if he was born in the United States because he became a United States citizen at birth" ("Decision," p. 10).

Although, as pointed out hereinabove, there was absolutely no evidence whatsoever submitted in the above-captioned cases to establish Defendant Obama's place of birth, Judge Malihi's ruling that a person's birth in the United States automatically confers the status of "natural born Citizen" pursuant to Article II of the United States Constitution is unfounded; is an incorrect statement of the applicable law; and is contrary to the ruling of the United States Supreme Court in Minor v. Happersett, 88 U.S. 162, 167, 22 L. Ed. 627, 21 Wall. 162 (1875).

Minor is binding authority for the proposition that the Article II phrase "natural born Citizen" refers to a person born in the United States to two (2) parents who were then (at the time of the child's birth) themselves United States citizens. Because Defendant Obama's father was not a United States citizen at the time of Defendant's birth, Defendant does not meet the Article II "natural born Citizen" requirement for the presidency, and Judge Malihi committed fundamental error in finding otherwise....

-end snip-

22 posted on 02/07/2012 2:44:14 PM PST by Red Steel
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