Posted on 01/27/2012 11:50:54 AM PST by To-Whose-Benefit?
In the same week, the Kenyan got his byuttocks publicly whipped by our Governor Brewer, and he was reprimanded by the State of Georgia. The name Dumbo seems to have more to do than with his ears.
The judge is an administrative law judge and apparently he issues not a ruling in this type of case, but a "recommendation" and then, the final decision as to whether Obama's name appears on the ballot rests with the Secretary of State.
The judge does not issue any true ruling that is binding on anybody and it's the Secretary of State who is subject to the political pressure involved regardless of what the judge does recommend.
Further, the failure to appear does not automatically result in a default judgement, the judge can still rule on "the facts" as he sees them, not necessarily default to ruling in the plaintiff's favor because the defendant failed to appear.
I am suspecting this one also will be swept aside without a true ruling on the merits of the case. But I hope I'm wrong
Secondly the ALJ stated before the hearing in a pre-trial conference he was intending to issue a default judgement because the defendant nor his representative was in attendance. End of story as far as I am concerned.
The plaintiffs in this pre-trial conference pretty much demanded that their "testimony and evidence" be brought out. People have come from all over the country to be here, we have cameras, bla bla bla The judge agreed to a "streamlined" presentation from the reports I heard. The judge did not have to listen to anything or accept any evidence but for whatever reason he decided to do that. It does not change in anyway the default decision! 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.
It has been purported that the SoS is to accept the ALJ's decision, a decision he had no choice in making regardless of the "evidence" presented.
So the real story is that he will not appear on the GA primary ballot because he failed to show up. Not that there was a mountain of "evidence" proving he is not eligible.
I am waiting for this to snowball in other states.
If he isn’t on the Georgia primary ballot how can they place him on the General ballot? and how can other states accept him for theirs if he doesn’t qualify for Georgia’s.
This isn’t over.
Has anyone seen this on any Media news outlet?
The O wasn’t going to win GA anyway, so no point in engaging in the fight only to lose the battle; best to focus on the war where it matters.
http://www.osah.ga.gov/documents/procedures/administrative-rules-osah.pdf
I would assume that if he never proves to GA he is eligible then he would not appear on the GA GE ballot. At that point it is game over. All 50 states have to have a certified candidates name on the individual ballots in order for that candidate be elected President.
You are wrong. He is being kept off the primary ballot. He has no opponents on the democratic side. But that is not point, see my comment at #10
All things considered, it’s pretty darned embarrassing for America not to have realized that Obama was not a Natural Born Citizen beofre the 2008 election. He made no secret of the fact that the man he claims to be his biological father was never a US citizen.
Maybe some people did bring that aspect up. And I know that at least one website apparently scrubbed a Supreme Court case that would have made things clearer. But still . . .
Would five justices of the US Supreme Court have the courage to rule after the fact that the present President was not eligible to hold the office?
I hope the rule of law will triumph. Otherwise, we have no law.
From what I read this cannot be appealed. Within ten days after the SoS goes with the judges recommendations, zero can ask the case to be reconsidered, but that’s it. No appeal process in admin hearings.
That is correct. :))
Thanks, perhaps I’m just missing it, but what in these rules tells you “We are good...” ? I’m not seeing it
SecState already said he will go with the judge’s recommendations (and is a republican). From what I see there is no appeals process - zero has 10 days to request a “reconsideration” of the findings, but no appeal.
This is simply not true.
Show me where that is sourced from if you believe it is. The 12th Amendment calls for a "majority" of electoral votes and from a "quorum" of States.
Thanks Gman
and this is NOT what the SoS said either. He said we'll get the judge's recommendation and "go from there"
Look, I don't mean to be pissing on the fire, but I feel we're being set up one more time and that this is NOT the slam dunk it looks like.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.