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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?

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To: Seizethecarp

Seems the attorneys smelled blood and went for the kill. The default would open many doors on other states, lots of negative publicity to the defendant.

A few weeks to allow the SOS make a decision..lots of suspense and publicity, more state ballot challenges.

Get the default and removal from the ballot in Georgia. This was the Objective. They had it.

The Objective was not a decision on NBC, the BC and the SSN.


41 posted on 01/28/2012 8:51:48 PM PST by bushpilot1
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To: bushpilot1
“The Objective was not a ruling on NBC, BC or SSN.”

I disagree. IIRC, all of the plaintiffs said they wanted an NBC ruling at the end of the legal process beginning with this hearing in this state. Yes, they want him off the ballot, but removing Obama from the ballot is achieved by backing him into a corner where he fails to demonstrate NBC eligibility!

The Fogbow lawyers say that if only the default was entered then there would be no facts and expert testimony “proved up” on the record. These lawyers are fully expecting hoping (dreaming) for a ruling on NBC if the GA SOS decision is appealed.

This assumes that Kemp's case citation in his smackdown of Jablonski with the “at your own risk” language prevails in preserving the right of the ALJ to have made his recommendation based on his findings of fact and conclusions of law from his hearings.

42 posted on 01/28/2012 8:55:49 PM PST by Seizethecarp
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To: Seizethecarp
Comment by GregNH at #6“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.

I am retracting the statement above after listening to Carl Swesson's interview and watching the video once again. Carl stated that in the pre-trial hearing when they were told of a default verdict they, the plaintiff's, wanted the evidence to be presented "on the record". During the "trial" the judge did not allow certain testimony, it was not relevant. If none of these facts that were presented going to be not an "official record" then why go through the whole ordeal in the first place?

43 posted on 01/29/2012 12:55:05 AM PST by GregNH (I will continue to do whatever it takes, my grandchildren are depending on me....)
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To: jaydee770

I think that’s probably right. Thanks.


44 posted on 01/29/2012 4:49:01 AM PST by cvq3842
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To: SvenMagnussen
GA SoS will only have access to Judge Malihi’s opinion and not a trial transcript and evidence presented.

Wrong.

http://www.freerepublic.com/focus/news/2838105/posts?page=1247#1247

45 posted on 01/29/2012 10:50:38 AM PST by GregNH (I will continue to do whatever it takes, my grandchildren are depending on me....)
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To: CitizenM
M. You are right.

This issue is simplicity itself. Dunham-Obama-Soetoro does not have two (2) parents who were American Citizens at the time of his birth. The traditional view is that this is a requirement to fulfill the "Natural Born Citizen" requirement in Article II of the Constitution. Therefore, he cannot be a "Natural Born Citizen." Simple enough.

The Hawaiian-Kenyan-Vancouver Birth Scenarios are interesting as heck ... but are a bit of sideshow. Team Obama has played the public like a violin on the Birth Certificate issue. Yes, yes, he has yet to produce one that would qualify him for a job as White House janitor ... and has floated several DIY documents out there ... and the Hawaiian authorities are violating their own "FOIA" type laws ... all-in-all a great deal of sound and fury signifying not much.

But as long as Team Obama can keep playing on "Birther Field," he's a winner. The only "Birther" team that has a prayer is Sheriff Joe's group in AZ. They are cognizant of a simple fact: that is, that the last documents issued by the White House are not a "Certified Copy" of an actual Birth Certificate on file in Hawaii. What Hawaii actually released to the high-salary Perkins Coie Associate was a digitally prepared "Abstract" of birth data on file.

The White House then quite simply cut-and-pasted that digital data into a document that looked a lot like a Birth Certificate and graciously allowed the MSM to draw their own conclusions. This would not fly as a loan doc, or a car title. Why should it be acceptable to the State of Arizona as proof of anything? Great sideshow, enough to kick him of a state ballot, but still not the main event.

The main culprit in the endless bullshiite? The Supreme Court of The United States. They have had at least a dozen chances to visit the "Natural Born Citizen" issue and have turned them aside. Time they started earning their pay.

46 posted on 01/29/2012 10:56:20 AM PST by Kenny Bunk ((So, you're telling me Scalia, Alito, Thomas, and Roberts can't figure out this eligibility stuff?))
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To: GregNH

“Wrong.”

You’re dreaming. The only acceptable conclusion is a default Order. Otherwise, you have parties arguing their cases without objection or cross examination.

Here are the rules on default:

OFFICE OF STATE ADMINISTRATIVE HEARINGS
CHAPTER 616-1-2
ADMINISTRATIVE RULES OF PROCEDURE

616-1-2-.30 Default. Amended.
(1) A default order may be entered against a party that fails to participate in any stage of a proceeding, a party that fails to file any required pleading, or a party that fails to comply with an order issued by the Administrative Law Judge.

(2) Any default order may provide for a default as to all issues, a default as to specific issues, or other limitations, including limitations on the presentation of evidence and on the defaulting party’s continued participation in the proceeding. After issuing a default order, the Administrative Law Judge shall proceed as necessary to resolve the case without the participation of the defaulting party, or with such limited participation as the Administrative Law Judge deems appropriate, and shall determine all issues in the proceeding, including those
affecting the party in default.


47 posted on 01/29/2012 12:07:37 PM PST by SvenMagnussen (PSALMS 37:28 For the LORD loves justice and does not abandon the faithful.)
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To: SvenMagnussen

The default judgement was averted.


48 posted on 01/29/2012 1:38:43 PM PST by GregNH (I will continue to do whatever it takes, my grandchildren are depending on me....)
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To: GregNH
.....a decision he had no choice in making regardless of the "evidence" presented.

This is perhaps the most maddening aspect of the whole 6 year battle about Obama's eligibility. That is,

The electoral officials of any state
DO NOT NEED A COURT ... ANY COURT
.... TO TELL THEM WHAT TO DO

In all of the 50 states, there have to be at least 10 Secretaries of State who do not believe that Barak Hussein Obama,Jr., or WETFHI, is a "Natural Born Citizen."

It is their responsibility to take him off their states' ballot. Had they simply done their jobs, the SCOTUS would have been forced to look at this issue long ago.

49 posted on 01/29/2012 2:30:36 PM PST by Kenny Bunk ((So, you're telling me Scalia, Alito, Thomas, and Roberts can't figure out this eligibility stuff?))
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