Appeal of Obama eligibility decision filed yesterday

Coach is Right ^ | 1/17/2012 | Doug Book

[Oldpuppymax]

The Liberty Legal Foundation has filed an appeal with the Georgia Superior Court in the case of Weldon v Obama, one of the three Georgia lawsuits claiming Barack Hussein Obama to be Constitutionally ineligible to serve as president of the United States or to be included on the Georgia ballot. (1)

It is perhaps significant that the very act of filing the appeal was fought by the Superior Court clerk’s office which claimed that an additional $2 fee had not been included with Liberty Legal’s paperwork for the filing of separate motions.

Additionally, the Court Clerk invented numerous excuses to prevent the filing, moving from one to the next whenever it was pointed out by Liberty Legal attorneys that none reflected normal court operating procedure. According to Liberty Legal attorney Van Irion, the clerk’s conduct was, in the course of his entire legal experience, “unheard of.” (2)

As a side note, although the paperwork had been provided some 7 days earlier, the clerk’s office failed to inform Liberty that there was a problem. The clerk simply “sat on the petition” and the filing deadline of TODAY would have been missed had Irion not called to make certain the filing had taken place!

The appeal itself is based upon the claim that the “rights of the appellant [had] been prejudiced because the finding of the Secretary of State (was) affected by…error of law.” (1)

That is, Georgia Secretary of State Brian Kemp, who approved Judge Michael Malihi’s Administrative Court decision, had done so in spite of (or due to) mistakes of law made by the Judge in deciding the case.

As Irion states in the appeal, the decision of the Judge “not only violates…

[Harlan1196]

I’ll pass - if it is important I am sure you will tell us.

I doubt it is important.

[philman_36]

Well you said Common Law or Civil Law.
How about giving me a choice of legal systems to choose from. That way you're less confusing and it's closer to your original purpose.

And I'm still waiting...you show me the reply and we'll test your theory.

[Harlan1196]

Civil Law IS a legal system.

Hence my first link.

http://en.wikipedia.org/wiki/Civil_law_%28legal_system%29

[philman_36]

I’ll pass - if it is important I am sure you will tell us.
I have no idea what it means. That's why I'm asking.

I doubt it is important.
I heartily disagree.

[philman_36]

Civil Law IS a legal system.
Well isn't common law a legal system as well?

[Harlan1196]

How can you heartily disagree that it is not important if you don’t know what it means?

[Harlan1196]

Yes - which system do you think America uses?

[philman_36]

How can you heartily disagree that it is not important if you don’t know what it means?
I'll let somebody else far more knowledgeable and learned than I provide my answer...
@All That Is Wrong with Georgia State Judge Michael M. Malihi’s Decision that Putative President Obama 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. The judge “considered” that Obama was born in the United States. What does “considered” mean? Clearly, it is not enough for a court to consider evidence or law. It must make a finding after having considered facts and law. The judge simply does not commit to any finding as to where Obama was born. Using the word “considered” is a cop out from actually addressing the issue.

Snip...
Hence, what evidence did the judge have to rule that Obama is born in the United States? The answer is none.

[philman_36]

Yes - which system do you think America uses?
Well it isn't an "either/or" answer.
There's Constitutional Law, from the U.S. Constitution and State Constitutions.
There's statutes and ordinances on the federal, state, or local levels.
There's common law, that being the concept of precedence.
And there's administrative law at the federal, state, and local level.

So it's a little hard to say America's legal "system" is exactly one thing or the other. It's a combination of several things and pretty unique to America.

[philman_36]

And I'm still waiting...you show me the reply and we'll test your theory.

[Harlan1196]

Besides Irion’s stipulation that Obama was born in Hawaii and the BC that he entered into evidence?

One lawyer stipulated Obama is born in Hawaii, the other never challenges Obama’s birthplace, and the third lawyer invalidates all her evidence through her incompetence.

With all that, I don’t think the judge is going to spend much time pondering Obama’s birthplace. Lets not forget the standard of proof is much lower than a criminal trial - the judge merely had to believe that the evidence indicated that it was “likely” that Obama was born in Hawaii. It would be easy to reach that level.

[Harlan1196]

Stay right there - don’t move. I’ll get right back to you.

[Harlan1196]

Everything you described, in it’s totality, describes a common law system.

btw - here is some interesting trivia I found. Has nothing to do with our conversation but you might find it interesting:

“Louisiana private law is primarily based on civil law. Louisiana is the only U.S. state partially based on French and Spanish codes and ultimately Roman law, as opposed to English common law.[15] In Louisiana, private law was codified into the Louisiana Civil Code. Current Louisiana law has converged considerably with American law, especially in its public law, its judicial system, and adoption of the Uniform Commercial Code and certain legal devices of American common law.”

[philman_36]

Besides Irion’s stipulation that Obama was born in Hawaii and the BC that he entered into evidence?
For what purpose was the BC entered into evidence by Irion?

[little jeremiah]

I just now checked TexasBud’s name to see his history since he is unfamiliar to me and sounded...off...

Anyway, his account is No More.

[philman_36]

Everything you described, in it’s totality, describes a common law system.
Really?! How is that? How can Constitutional law be part of a common law system?

[Godebert]

Wikipedia is your source?

What a tool.

[edge919]

They didn’t challenge Obama’s eligibility due to his father’s birthplace, but due to his father’s CITIZENSHIP. And again, the judge can’t arbitrarily decide a piece of evidence is good in one case but not in another. Either the alleged birth certificate has probative value or it doesn’t. Since no CERTIFIED certificate was shown in court, it CAN’T have probative value. The judge’s rejection of the two citizen parent argument has no legal foundation. The court’s job is to say what the law is, not what he thinks it should be by playing connect the dots.

[philman_36]

Besides Irion’s stipulation that Obama was born in Hawaii and the BC that he entered into evidence?

For what purpose was the BC entered into evidence by Irion?
He stipulated he was born in Hawaii so what was the need to enter the BC into evidence?

Kind of painted yourself into a corner there didn't ya?

[Brown Deer]