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Finally, an actual hearing on eligibility
World Net Daily ^ | Jan 27, 2012 | Joseph Farah

Posted on 01/27/2012 11:50:54 AM PST by To-Whose-Benefit?

For four long years, compelling evidence has been available that challenges the constitutional eligibility of Barack Obama to occupy the White House.

In fact, I would say the evidence that he does not meet the simple requirements of the law is overwhelming.

But it was not until Thursday that the evidence – any of it – was heard in a single courtroom in America.

SNIP,

Obama refused to honor a subpoena to attend the hearing, produce records answering the charges or even send legal representation to dispute the evidence. Instead, they sent a letter to Georgia Secretary of State Brian Kemp suggesting the judge was letting attorneys "run amok."

In response, Kemp warned Obama and his counsel that if they chose not to participate in the proceedings, "you do so at your own peril."

(Excerpt) Read more at alerts.worldnetdaily.com ...


TOPICS: Chit/Chat; Society
KEYWORDS: certifigate; naturalborncitizen; nobama2012
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To: IrishPennant

Scratch that - it does say 10 days to reconsider or rehear - boo


21 posted on 01/27/2012 1:13:56 PM PST by IrishPennant (We don't want to work so we go to work to make enough money not to work...Huh?)
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To: Lloyd227
If GA decides to boot Hussein from the ballot, there isn't a thing Obama, his DOJ, federal courts, or his union goons can do about it. It must be driving them nuts.

Our Framers purposely diffused the selection of electors among all the States in order to minimize corruption in the election of the President. They got it right.

22 posted on 01/27/2012 1:14:02 PM PST by Jacquerie (No court will save us from ourselves.)
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To: Lloyd227
Tom Tancredo and many others are reporting it wrong then. From his site:

The Georgia Secretary of State has already stated that he will follow the Judges Recommendations. That means that Barack Hussein Obama will NOT APPEAR on the Great State of Georgia Presidential Ballot in 2012!

23 posted on 01/27/2012 1:19:38 PM PST by IrishPennant (We don't want to work so we go to work to make enough money not to work...Huh?)
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To: GregNH

That is a question I would like to have an answer for.


24 posted on 01/27/2012 1:22:40 PM PST by Venturer
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To: Lloyd227; Venturer
Great question. I was stating it from memory and when I went looking for the reference I of course have found about 6 references to it from here at FReep, two outside blogs, but none to an "official" source although there seems to be a vague reference to it on the FEC website.

In other words, I will have to get back to you on that..lol

But as a side in the mean time, think about it, what would happen if one state, before the GE, says he is not eligible?

25 posted on 01/27/2012 1:40:47 PM PST by GregNH (................GO PATS!.....................)
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To: Jacquerie

There simply IS NO requirement that the candidate be on the ballot in all 50 states. Read the 12th amendment and report back to me on that.


26 posted on 01/27/2012 1:43:35 PM PST by Lloyd227 (Class of 1998 (let's all help the Team McCain spider monkeys decide how to moderate))
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To: Lloyd227

Huh? What are you blabbering about? Get back to me on that.


27 posted on 01/27/2012 1:48:43 PM PST by Jacquerie (No court will save us from ourselves.)
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To: GregNH

One would think that if he were found ineligible in one State the other states would question their oen ballots and the Domino effect would come into play.

Personally I believe that Pelosi and the Higher up in the Democrat party knew all along that he was ineligible, and helped push him down our throats anyway

They should all be held responsible.I would go so far as to say this was treasonous


28 posted on 01/27/2012 3:14:38 PM PST by Venturer
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To: Jacquerie

I was refering to the previous comment implying the candidate had to be on the ballot in all 50 states. There is no such requirement


29 posted on 01/27/2012 3:37:42 PM PST by Lloyd227 (Class of 1998 (let's all help the Team McCain spider monkeys decide how to moderate))
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To: Venturer
Venturer said:

One would think that if he were found ineligible in one State the other states would question their oen ballots and the Domino effect would come into play.

One would think. However, the 2008 election proved that several states admitted candidates on their ballots, even though other states had them removed.

It is quite clear the matter of enforcement of the law is at hand. We all know how "well" laws are "enforced" in this country as of late...

30 posted on 01/27/2012 3:58:58 PM PST by devattel
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To: Lloyd227

I made no such comment.


31 posted on 01/27/2012 4:10:29 PM PST by Jacquerie (No court will save us from ourselves.)
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To: Jacquerie

Sorry, I guess I replied to the wrong post


32 posted on 01/27/2012 4:33:07 PM PST by Lloyd227 (Class of 1998 (let's all help the Team McCain spider monkeys decide how to moderate))
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To: cvq3842

>>...He made no secret of the fact that the man he claims to be his biological father was never a US citizen...<<

It seems to me that if you are born of two citizen parents on a country’s soil, you are “naturally” a citizen with no birth allegiance to any other country. It looks like those siding with Obama either define “Natural-Born-Citizen” differently -AND/OR- read the constitutional eligibility requirement(s) differently and feel the foreign citizenship of Obama’s father is inconsequential, merely because Obama was born in Hawaii.

Until the definition is resolved in the context of presidential eligibility — and it will take the SCOTUS to do so — I don’t think Obama will leave office until he is voted out. Most unfortunate for the country, I think all that will happen is that (eventually) history will record his utterly failed presidency with an asterisk.


33 posted on 01/28/2012 7:33:31 AM PST by jaydee770
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To: jaydee770; null and void; Danae; Berlin_Freeper; Hotlanta Mike; Silentgypsy; repubmom; ...
Until the definition is resolved in the context of presidential eligibility — and it will take the SCOTUS to do so — I don’t think Obama will leave office until he is voted out. Most unfortunate for the country, I think all that will happen is that (eventually) history will record his utterly failed presidency with an asterisk.

Each state is given a packet of instructions for choosing electors and all the rules and statutes involved. In that packet is are the pertinent Constitutional articles, US Codes, ect. Each state has it's own responsibilities for holding elections, printing ballots, and making local laws for eligibility requirements. Some states do not require that someone is in fact eligible or that they do not require proof of that eligibility. GA has a law that states a candidate must be eligible for the office sought. So if the SoS of GA says Zippo does not meet the eligibility requirement as stated in the packet, A2S1C5 a natural born Citizen, he is not on their March 6th primary ballot.

Zippo has no real avenue of appeal because he did not offer any evidence to whit the decision was based. If he does decide to appeal, that appeal would be heard by a right leaning GASC, he can only argue the merits by which the decision that the SoS made based on the evidence that was presented to the ALJ. He can not now introduce new evidence, he had his chance and choose not to take it. IMO he had no choice because he cannot prove he is eligible. So in this scenario the case does not get to the SCOTUS but he remains off the GA primary ballot.

So what does that mean? Nothing by itself because he could blow it off as a racist judge in a southern court, bla bla bla. But there are other ballot challenges, AL, his home state of IL and a few others. Because the primaries are very close these cases are going to move forward quickly and if any other state declares Zippo to be IE it will have a devastating effect. The MSM cannot ignore it so now the public will know what is going on and why, this is huge.

SCOTUS is still now where in site as long as he does not argue the NBC issue and is deemed IE! They cannot settle the NBC issue if he does not declare he is an NBC! Remember he has carefully, IMO, avoided describing himself as a natural born Citizen.

Now comes the fun part, and I have been waiting for this day since Nov 4th 2008, our congress needs to act. Of course they really really don't want to. But there will be a barrage of constituents that will be demanding "impeachment". What we need to do is to contact our representatives and point out that yes Zippo is in fact ineligible, we made a mistake and this is how it is fixed, Courts can remove ineligible chief executive. I believe Zippo would get the same advice Nixon got but I would argue we need to argue he was never a legit prez and therefore everything he did is null and void.

Criminal charges can be argued later, the fall out will be huge, no one wants this but all the no ones brought this upon themselves. We need to keep that in mind as well when communicating with those in congress. We need to encourage them to now do the right thing rather than berate them for what they didn't do in the first place.

34 posted on 01/28/2012 1:49:08 PM PST by GregNH (I will continue to do whatever it takes, my grandchildren are depending on me....)
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To: GregNH

“Zippo has no real avenue of appeal because he did not offer any evidence to whit the decision was based.”

Judge Malihi offers an advisory opinion to the GA SoS. If an adverse decision is made against Obama by the GA SoS, then he can appeal the GA SoS decision to Georgia Superior Court. The case will be de novo, or a fresh start, because GA SoS will only have access to Judge Malihi’s opinion and not a trial transcript and evidence presented.

Obama can submit his certified COLB as proof and the Georgia Superior Court may accept it as proof he’s qualified to be on the ballot. It really depends on how aggressive the GA AAG defends the GA SoS decision. Will the GA AAG present MvH dicta as precedent? What about WKA? How does Schneider v Rusk (quoting Osborn) fit into the eligibility question?


35 posted on 01/28/2012 2:29:04 PM PST by SvenMagnussen (PSALMS 37:28 For the LORD loves justice and does not abandon the faithful.)
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To: GregNH

Excellent insights, Greg. I think at this point we do need to strengthen the feeble arms and offer people a way to repent of their past actions (or inaction) and turn and do what is right now.

I suspect that by the time this is all done we will find there were more variables at play than we realized. Right now I’m thinking about Glenn Beck who, according to an article regarding Doug Hagman’s research, acted out of grave concerns for the safety of people on his staff because of threats that were being made and Fox’s unwillingness to provide protection for them.

We’re going to need to pull together to come out of this alive, and part of that is going to have to be forgiving and moving on to fight together. It’s not time to burn bridges. Afterwards we can figure out how to keep this from ever being able to happen again.


36 posted on 01/28/2012 4:40:10 PM PST by butterdezillion
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To: SvenMagnussen

It’s too bad Obama doesn’t actually have a certified COLB to submit. The Superior Court is going to have a hard time finding a reason to overturn even a default judgment against Obama.


37 posted on 01/28/2012 5:10:46 PM PST by edge919
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To: GregNH; bushpilot1; rxsid; BuckeyeTexan; David; Kenny Bunk; WhizCodger; LucyT; Danae; ...
“There is nothing in an “official” court record. The judge will a file with this “evidence” in it but is has no bearing on anything now or in the future.”

I have waded through the 5000 comments on Fogbow, many by GA Obot lawyers (including LorenC who attended the hearing), and they are not making this argument.

Only if Jablonski was right that the ALJ had no jurisdiction over a Democratic Party nominee and no power to decide constitutional issues (claims made in his final note to Kemp announcing his no-show) would the evidence and testimony at the ALJ hearing go away.

But the Fogbow Obot lawyers are not giving Jablonski's claims much of a chance up against the Kemp letter back to him citing GA statutes and warning him that not showing up would be “at your peril.”

The Obot lawyers are arguing that the facts of the two NBC cases support their WKA interpretation of Obama’s eligibility. They expect the evidence heard by the ALJ to be the record addressed in any appeal regarding the GA SOS decision on whether Obama stays on the ballot.

Some of the Obot lawyers are even speculating that there is as much as a 40% chance that Judge Malihi will apply Minor v Happersett as a conclusion of law to the factual evidence that BHO Sr. was never a US citizen and the GA SOS will then remove Obama from the ballot based on Malihi’s recommendation.

They (Obots) say that it would then be up to the appeals court to reverse only the “conclusion of law” that Happersett applied and then hold that it was WKA that applied. All of this would be based on the facts placed in evidence before Judge Malihi that Barry's dad was never a US citizen...a fact that has never been “proved up” in any court, IIRC.

If it is true that the ALJ fact evidence will be the appeals fact evidence, Leo Donofrio should be proud because in that record are both his Amicus Brief and his last minute blog content on how even Obama's INS has on its webpage definitions distinguishing between NBC, native born and naturalized as three separate classes of citizen.

38 posted on 01/28/2012 7:26:05 PM PST by Seizethecarp
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To: Seizethecarp

Thanks much for the ping. I have been tied up with research on Romney and so haven’t been keeping up with this to the extent I’d like.

If the GA SOS keeps him off the ballet, we’ll know that the evidence was at least considered and (s)he is signaling to a higher court that we need a decision on Obama’s status. If Obama gets on the ballot, then they didn’t consider the evidence worthy of further argument up the chain. Just my gut feeling now, which is subject to change of course.


39 posted on 01/28/2012 8:21:46 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Seizethecarp

May have lost sight of the Objective.. remove Obama from the ballot.

They had a default. Its a win.

The Objective was not a ruling on NBC, BC or SSN.


40 posted on 01/28/2012 8:38:36 PM PST by bushpilot1
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