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Judge Malihi Denied Obama's Motion to Dismiss in GA Ballot Challenge: More Orders Issued
ObamaRelease YourRecords ^ | Tuesday, January 3, 2012; 9:39 AM

Posted on 01/03/2012 11:23:28 AM PST by Red Steel

Judge Malihi Denied Obama's Motion to Dismiss in Georgia Ballot Access Challenge: Granted Powell's and Swensson's Motion for Separate Hearings
Farrar-Welden-Swensson-Powell v Obama, Motion to Dismiss by Obama is Denied, Georgia Ballot Access Challenge

Excerpts from Judge Michael Malihi in the Order for Obama's Motion to Dismiss:

"Statutory provisions must be read as they are written, and this Court finds that the cases cited by Defendant are not controlling."


"Code Section 21-2-5(a) states that "every candidate for federal and state office" must meet the qualifications for holding that particular office, and this Court has seen no case law limiting this provision, nor found any language that contains an exception for the office of president or stating that the provision does not apply to the presidential preference primary."

"Accordingly, this Court finds that Defendant is a candidate for federal office who has been certified by the state executive committee of a political party, and therefore must, under Code Section 21-2-5, meet the constitutional and statutory qualifications for holding the office being sought."

Other Orders from Judge Michael Malihi are as follows;

Farrar-Welden-Swensson-Powell v Obama, Motion to Take Depositions Denied, Georgia Ballot Access Challenge


Farrar-Welden-Swensson-Powell v Obama, Motion to Sever Granted, Georgia Ballot Access Challenge

Please visit Article II Super PAC for the complete Orders here: http://www.art2superpac.com/georgiaballot.html


TOPICS: Education; Government
KEYWORDS: 10thamendment; birthcertificate; certifigate; naturalborncitizen; obama; statesrights
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Ah oh OBots... :-)
1 posted on 01/03/2012 11:23:34 AM PST by Red Steel
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To: little jeremiah; Fantasywriter

Check this out too. :-)


2 posted on 01/03/2012 11:27:19 AM PST by Red Steel
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To: Red Steel

I see liberals jumping out of windows.


3 posted on 01/03/2012 11:29:49 AM PST by Beave Meister (Die Hard Cubs Fan.....if it takes forever.)
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To: Beave Meister

Plain and simple racism.


4 posted on 01/03/2012 11:33:11 AM PST by jimpick
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To: Red Steel

Who wants to bet Oh-damn-ya resigns before the shyte really hits the fan?


5 posted on 01/03/2012 11:50:04 AM PST by fwdude
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To: Red Steel
YES!
6 posted on 01/03/2012 11:51:39 AM PST by DiogenesLamp (Partus Sequitur Patrem)
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To: Beave Meister

This is good news - motion to dismiss DENIED.

All Obama has to do now is submit his LF COLB, in original/certified paper form, right? (hehehe - I anticipate he try to refuse to submit it.)

Nope - he also has to contend with USSC precedent setting case, Minor Vs Heppersett, where the supreme court defined Natural Born Citizens, as being born in the country and having citizen parents. (both parents)

What will Obama do? File another lame motion to dismiss?

I am happy to see that a court is finally taking the issue.


7 posted on 01/03/2012 11:51:39 AM PST by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
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To: Red Steel

I hope this goes somewhere.

Right now I’m distracted to my wits’ end. I thought I copied my e-mail files to an external hard drive but now they’ve disappeared from Outlook Express on my C drive.

Is there a way to restore everything back to how it was before? I think my husband did that on my computer some other time.

Crap. If I was competent at technology I could be dangerous. As it is I’m just dangerous to myself.

Can you help me or do you know of anybody who could help me? My Outlook Express isn’t working either - won’t let me get any e-mail on it. It’s a really, really critical time right now, and my husband suspects foul play because of the timing of these new developments. When the tech went over it with me this morning it seemed like the problem was that I had too many messages but right now I have no messages and I still can’t get e-mail.

I also need to unzip my “Sent” folder that was saved on a CD when my computer crashed back when I was investigating whether Soros could have threatened the eligibility judges with another run on the bank. Strange, how these “problems” always come up when I’m in the middle of something really important.

Any help anybody can give would be very greatly appreciated. My stomach is in knots and I have to go to work in an hour.


8 posted on 01/03/2012 11:54:58 AM PST by butterdezillion
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To: Red Steel
Malihi Obama Motion OD Denied 2

Mahili Motion OD Denied 3

Obama Motion to Dismiss Den  4



It is "Soooooo Ordered" FoggyBots. :-)

9 posted on 01/03/2012 11:55:10 AM PST by Red Steel
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To: Red Steel

bump


10 posted on 01/03/2012 11:55:34 AM PST by VeniVidiVici (Obama's War on Prosperity is killing me)
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To: Red Steel

Amazing, that it seems a major miracle for something so straightforward to actually be handled truthfully.


11 posted on 01/03/2012 12:11:13 PM PST by butterdezillion
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To: Red Steel
cool

I was NOT a ‘birther’ until he release his BC after Donald trump asked for it. I just enjoyed anything that would annoy The Won.

But after he released the ‘abstract’ and claimed it was his BC I was like “holy cow- he really DOESN'T have one...~!!”

Especially after I opened the file.

Photoshop is on my computer as the default program for opening those types of files- and when it opened it and I saw layers -layers that did not make any sense- I went nuts-
I write imagining software for a living- get it? I am qualified enough to testify as an expert witness in court.

I was hoping I would be the next BuckHead and show the world that I found out it was a fraud- but others had beat me to it, within minutes of it coming out.

12 posted on 01/03/2012 12:11:38 PM PST by Mr. K (Physically unable to profreed <--- oops, see?)
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To: Triple
The constitution has a clause that all states must accept other states certified documents.

I'm afraid Abercrombie could wipe his butt and send it to Georgia and call it Obamas BC.

And then Georgia could send it back and call it toilet paper, and keep Obama off the ballot.

We will see. I think the Indonesian citizenship is the deal breaker anyway.

13 posted on 01/03/2012 12:34:50 PM PST by PA-RIVER
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To: Red Steel

Better watch your step, Judge, or Obama will hold you indefinitely without trial.


14 posted on 01/03/2012 12:36:34 PM PST by Hoosier-Daddy ( "It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: Red Steel

Thanks for the ping. If any judge ever grants discovery in one of these cases, Obama’s goose is cooked, roasted, fried, fricasseed and charred to a crisp.

Just sayin.


15 posted on 01/03/2012 12:40:43 PM PST by Fantasywriter
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To: PA-RIVER

...and Georgia Electors have a right to demand proof of eligibility and not take the parties at their “word”.

If he doesn’t provide it, I suspect he won’t be on the ballot. It’s patently obvious now he doesn’t have the qualifications (besides the issue of his “father” not being a US Citizen).


16 posted on 01/03/2012 12:40:48 PM PST by Hoosier-Daddy ( "It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: Red Steel

A hand full of sand just got dropped into the gears of the Soebarkah reelection machine.

The can of Indonesian worms is open.


17 posted on 01/03/2012 12:44:17 PM PST by PA-RIVER
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To: Hoosier-Daddy
They can demand the original microfilm.

No tickey, no laundry. GTF out of our White House Mr. Sobarkah.

18 posted on 01/03/2012 12:48:20 PM PST by PA-RIVER
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To: butterdezillion

and that we’d have to thru 4 years of this BS just to get (at least on the surface) an honest judge.


19 posted on 01/03/2012 12:48:37 PM PST by Hoosier-Daddy ( "It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: PA-RIVER

Hoosier-Daddy, Steve Dunham? LOL


20 posted on 01/03/2012 12:50:24 PM PST by Hoosier-Daddy ( "It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: butterdezillion

Have you checked your recycle bin? Maybe you could go back to a restore point from a couple of days ago.


21 posted on 01/03/2012 12:52:45 PM PST by Excellence (9/11 was an act of faith.)
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To: Red Steel

Thank YOU!


22 posted on 01/03/2012 12:55:57 PM PST by little jeremiah (We will have to go through hell to get out of hell.)
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To: Excellence

Or do a search for our .pst file and make sure the date is in the past.


23 posted on 01/03/2012 12:58:28 PM PST by Hoosier-Daddy ( "It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: Red Steel
Pity the poor bastards at ABC, CBS, NBC, CNN, FOX that now have to report that whaco birthers (American Citizens) have won a decision.

Proving your an NBC should be as simple as picking your nose, and Obama can't do it!

24 posted on 01/03/2012 12:59:28 PM PST by PA-RIVER
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To: Red Steel
You're such a tease.
You expecting company? {;^)
25 posted on 01/03/2012 1:00:36 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: LucyT; hoosiermama

ping to LucyT & Hoosiermama


26 posted on 01/03/2012 1:00:38 PM PST by urtax$@work (The only kind of memorial is a Burning memorial !)
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To: butterdezillion

Write a vanity “article” asking for tech help. Other people do that and seem to get help. That way more people will see it.


27 posted on 01/03/2012 1:04:01 PM PST by little jeremiah (We will have to go through hell to get out of hell.)
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To: fwdude
Who wants to bet Oh-damn-ya resigns before the shyte really hits the fan?

I'm pretty sure Nancy Pelosi and the other rats who directly attested to his eligibility, as well as the beltway pubbies and sycophant pressitutes who pooh-poohed this issue, will insist. They want the whole thing to just disappear down the memory hole like it never happened. Too bad Al Gore invented the internet.

28 posted on 01/03/2012 1:04:20 PM PST by Menehune56 ("Let them hate so long as they fear" Oderint Dum Metuant), Lucius Accius, (170 BC - 86 BC))
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To: Red Steel

For later.


29 posted on 01/03/2012 1:05:37 PM PST by Envisioning ( Call me a racist................, one more time......................)
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To: Mr. K

Yeah, I noticed that “abstract” thing...

The caveat on that form was amazing, basically saying “This is a true copy of a collection of information on file...”

A collection of information, probably not from the same source...
A collection of information, probably not even FROM THE SAME PEOPLE!!!

You get what you pays for, eh?


30 posted on 01/03/2012 1:05:40 PM PST by djf (http://www.freerepublic.com/focus/f-chat/2801220/posts)
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To: Hoosier-Daddy; butterdezillion

Check Hoosier-Daddy’s comment.


31 posted on 01/03/2012 1:06:08 PM PST by little jeremiah (We will have to go through hell to get out of hell.)
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To: Red Steel
Is there any history with the 11th Circuit relative to this topic? Does the complainant have "standing? Are there any O-bots on the next bench who may likely see this case?

This is an encouraging circumstance, but no one should be holding their breath for any urf-shattering upset at the White Crib. Erich "The Coward" Holder and the Just Us Department could weigh in.

32 posted on 01/03/2012 1:06:58 PM PST by SERKIT ("Blazing Saddles" explains it all......)
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To: Red Steel

Article II SUPER PAC DOES NOT FUND THE LAWSUIT, IT IS JUST FOR EDUCATION. PLEASE SEND DONATIONS TO THE ATTORNEYS: HATFIELD, IRION AND TAITZ

!!!!!!!!!!!!!!!!!!!!!!!!!!!!


33 posted on 01/03/2012 1:08:02 PM PST by jdirt
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To: Triple
I am happy to see that a court is finally taking the issue.

Don't get too excited. We'll hit a roadblock at the "conservative-leaning" Supreme Court. Count on it.

34 posted on 01/03/2012 1:09:08 PM PST by fwdude
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To: fwdude

Take it to the USSC to allow Obama to not have to show his LFBC to qualify and not have to explain why his “father” being a British Subject making Obama ineligibile doesn’t apply to “The Won”?

I’m not even sure Wasserman-Schultz would buy it.


35 posted on 01/03/2012 1:19:20 PM PST by Hoosier-Daddy ( "It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: fwdude

I am pretty excited about this - AFAIK it is the first time the motions to dismiss have failed. (and boy were they lame.)

If there is discovery - its over. If the USSC has to decide again on NBC definition - it is a horserace, but Minor Vs. Heppersett gives the good guys the lead.


36 posted on 01/03/2012 1:22:29 PM PST by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
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To: fwdude; David

I am pretty excited about this - AFAIK it is the first time the motions to dismiss have failed. (and boy were they lame.)

If there is discovery - its over. If the USSC has to decide again on NBC definition - it is a horserace, but Minor Vs. Heppersett gives the good guys the lead.

(ping to David - opinion?)


37 posted on 01/03/2012 1:23:09 PM PST by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
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To: Hoosier-Daddy
I guess the proof doesn't have to be accepted.

Hawaii doesn't dictate what proof is good for NBC qualifications.

They can send a Teapot, a Hammer, or BC that's a pile of crap, but is that proof of NBC? If it's the PDF, definitely not.

If that PDF BC gets into a court room, and it's pulled apart and proved to be fraudulent, people are setting themselves up for legal peril.

Who on “Team Obama” is going to vouch for that cut and paste photo-shop garbage in a court room?

38 posted on 01/03/2012 1:24:14 PM PST by PA-RIVER
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To: Triple
The judge could dismiss if he accepts Obamas evidence. The ruling is just stating that he has to submit evidence.
39 posted on 01/03/2012 1:31:10 PM PST by PA-RIVER
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To: Red Steel

Great news, I read into it that the judge here gave standing by specifically saying “The Plaintiffs are voters”. This is pretty significant. I think this needs to go viral, if possible. Ibelieve the more exposure this gets the less chance of this Judge disappearing or pulling a Vince Foster impersonation, Happy Day here at FR


40 posted on 01/03/2012 1:34:31 PM PST by DrDude (Governor of the 57th State)
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To: PA-RIVER

Well, we know one thing for certain.

THERE WAS NO SUCH THING AS A PDF IN 1960!!!!

Immediately file a motion to get it tossed and GO BACK TO THE ORIGINAL DOCUMENTS!!!!


41 posted on 01/03/2012 1:35:31 PM PST by djf (http://www.freerepublic.com/focus/f-chat/2801220/posts)
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To: fwdude

Obozo’s Appointees would have to recuse…


42 posted on 01/03/2012 1:42:56 PM PST by bksanders (Taglines - BOGO@www.tagme.com)
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To: PA-RIVER

While that is true, I think this Judge will be more astute than most. If he was in the tank he would not have made this decision. If this Judge uses the basic argument that whatever the common person would need to prove, BIG O is gone. He couldn’t get a driver’s license, voter id card, etc, They should probably use the standard set by Homeland Security where ordinary citizens have to provide their life history to fly within the USA. That would be fitting for this guy. I wouldn’t worry about accepting other states ID.
Anyone can see what they want to see. This Judge is apparently had enough of this crap. I just got a Certified copy of my son’s BC to apply for driver’s permit. It cost me $20 and it took less than a minute. I did notice they now have signs that only parents with ID or the person can get a BC without a court order giving standing. I am in NJ. Signs were not there 2 years ago.


43 posted on 01/03/2012 1:46:35 PM PST by DrDude (Governor of the 57th State)
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To: bksanders
Obozo’s Appointees would have to recuse…

Didn't think of that. But will they?

44 posted on 01/03/2012 1:47:59 PM PST by fwdude
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To: DrDude

You had to pay $20! I got a raised seal copy of mine in 2002 when I wanted to fly and it cost me $1 or $2, I forget which.


45 posted on 01/03/2012 1:53:42 PM PST by goldi (')
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To: PA-RIVER
They can demand the original microfilm.

No tickey, no laundry. GTF out of our White House Mr. Sobarkah.

Sometime next month Sheriff Arpaio's Posses is suppose to come out with their Obama investigation. They have alluded to that they have something of significance. Possibly a hearing delay or a continuance is in order until then.

46 posted on 01/03/2012 2:04:35 PM PST by Red Steel
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To: Red Steel; LucyT; bluecat6; David; maggief

Does anyone know what documentation and case history support this case?

Always hold my breath when Orley is involved....sigh


47 posted on 01/03/2012 2:13:59 PM PST by hoosiermama (We need more Jobs.....Steve Jobs....entrepreneurs and creators.)
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To: goldi

The BC’s used to be $5 a few years ago in NJ. Then the State took over and everything has to be on a standard state form. It does have a raised seal and is certified but the price went up quickly. should not be a problem for Big O. Most people tip that mych for a round of golf w/ cart. He’s been playing golf for free for 4 years.


48 posted on 01/03/2012 2:16:46 PM PST by DrDude (Governor of the 57th State)
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To: hoosiermama

in this instance the judge split the case, the seemingly sharpest attny is no longer arguing alongside Orly. (PS - I respect her tenacity, but she seems to be a bit sloppy.)


49 posted on 01/03/2012 2:26:01 PM PST by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
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To: PA-RIVER

What document are you referring to? That’s what fogbots would like to make you believe.

A bc from Hawaii, whether valid or not, cannot make Obama “constitutionally elegible”.


50 posted on 01/03/2012 2:30:02 PM PST by Hotlanta Mike (TeaNami)
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