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Is the Judicial Branch Dead?
LIBERTY ^ | Jan 27, 2012 | swampsniper

Posted on 01/27/2012 3:15:31 PM PST by SWAMPSNIPER

Obama’s behavior yesterday is even more disturbing than Nixon’s. Nixon at least respected the judicial branch enough to have his attorney’s show up in court and follow procedure. Nixon’s fight in the courts followed existing law. Nixon acknowledged the authority of the judicial branch even while he fought it. Obama, on the other hand, essentially said yesterday that the judicial branch has no power over him. He ordered his attorneys to stay away from the hearing. He didn’t petition a higher court in a legitimate attempt to stay the hearing. Instead he showed complete contempt for the entire judicial branch and for the rule of law. Rather than respecting the legal process, Obama went around the courts and tried to put political pressure directly on the Georgia Secretary of State. When that failed, he simply ignored the judicial branch completely.

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KEYWORDS: berthcertificate; corts; judicial

1 posted on 01/27/2012 3:15:36 PM PST by SWAMPSNIPER
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To: SWAMPSNIPER

The “Imperial Presidency” has only come to existence because Congress has been too cowardly to stand up to usurpation of their powers since FDR.

The checks and balances fail when the other two branches fail to do their job.


2 posted on 01/27/2012 3:18:31 PM PST by Shadow44
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To: SWAMPSNIPER

How can he expect people to follow the law, when he does not? Walk the walk, if you are going to talk the talk. Holder doesn’t follow the law and he is hired to enforce it.


3 posted on 01/27/2012 3:19:40 PM PST by FreedBird
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To: SWAMPSNIPER

He has the same contempt for the judiciary as he does for the congress.

This is far from over. Yesterday our side managed to get the evidence on record for the first time. Obama didn’t cite legal cause for not showing up, even if the judge would have agreed with him — they made a tactical error. And there are many other states.

Now the judge will make a recommendation to the GA SoS. Hopefully this one hasn’t been corrupted by the Soros project yet.


4 posted on 01/27/2012 3:26:28 PM PST by zipper (espions sur les occupants)
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To: SWAMPSNIPER

Defiance of a subpoena is either a crime or a misdemeanor. Either of which is an impeachable offense. The House should just add it to the list. Someday they should publish all of his impeachable offenses.

Politically, it would be silly to start impeachment before the election. That would consolidate 0bama’s support and possibly win him some sympathy votes.

The old saying is don’t try to remove a king unless you can completely remove him. Failure to remove him just makes him stronger and meaner.


5 posted on 01/27/2012 3:29:59 PM PST by Truth is a Weapon (Truth, it hurts so good.)
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To: SWAMPSNIPER

Defiance of a subpoena is either a crime or a misdemeanor. Either of which is an impeachable offense. The House should just add it to the list. Someday they should publish all of his impeachable offenses.

Politically, it would be silly to start impeachment before the election. That would consolidate 0bama’s support and possibly win him some sympathy votes.

The old saying is don’t try to remove a king unless you can completely remove him. Failure to remove him just makes him stronger and meaner.


6 posted on 01/27/2012 3:30:19 PM PST by Truth is a Weapon (Truth, it hurts so good.)
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To: SWAMPSNIPER
O’bonghit realizes there is zero chance of him carrying Georgia anyway. Why miss a golf day?
7 posted on 01/27/2012 3:35:14 PM PST by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: MrEdd

If they won’t obey a state subpoena then the House should subpoena the same individuals. Force them to publicly take the 5th and craft an election ad showing Obama’s defiance of the law. Is anyone awake at the RNC? Those clowns don’t have an original thought or an ounce of initiative.


8 posted on 01/27/2012 3:40:47 PM PST by littleharbour
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To: SWAMPSNIPER

That’s because Obama thinks he is a God for whom all else exists. He does not recognize legal authority.


9 posted on 01/27/2012 3:41:31 PM PST by formosa (Formosa)
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To: FreedBird
Maybe the reason they don't follow the law because they think they are the law?
10 posted on 01/27/2012 3:41:55 PM PST by ArmyTeach (Our liberties we prize and our rights we will maintain ... USS Iowa BB 61)
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To: SWAMPSNIPER

All 3 branches are dead. It’s close to time to prune the tree of liberty. The totalitarians have taken turns triangulating “we the people”.


11 posted on 01/27/2012 3:50:24 PM PST by PGalt
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To: SWAMPSNIPER
This will likely make Issa very, very mad.

I have said all along, this man could not be president without the cooperation of the RINO establishment.

No Controlling Legal Authority, it is the democratic party way.

12 posted on 01/27/2012 4:07:06 PM PST by itsahoot (You are no longer a person, you are now a Unit when you need health care.{)
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To: SWAMPSNIPER

The Georgia hearing was not in a court proceeding and did not involve the judicial branch of either the US or Georgia governments. It was an administrative hearing.


13 posted on 01/27/2012 4:09:32 PM PST by Mr. Lucky
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To: FreedBird

Excellent point—T’anks. As I wrote to Liberty —I am no coronor nor attorney but it seems if they are not dead—they surly seem in contempt. A professor of mine once summed up Hobbs by saying the highest form of contempt is to treat another with neutrality. to neither advance nor hinder them is to suggest they may as well not even exist. IF the Judiciary is not dead —must be catatonic. Mr.Lincoln noted A House divided against itself cannot stand but he spoke biblical truth.And if the court is not divided against itself is surly appears divided against the people.


14 posted on 01/27/2012 4:17:55 PM PST by StonyBurk (ring)
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To: formosa
Back when my stomach was strong enough to actually troll democrat underground, and even post there, it was pretty clear that most of the dummies don't recognize any limits at all to government as long as they get their free milk and cookies. Beyond that beer should be cheap and sex should be free and highly variable.

They don't seem to be able to think beyond that level.

True freedom carries sometimes awesome consequences and that thought terrifies them.

I read an essay many years ago addressing the question of whether a free people had the right to vote themselves into slavery, and, sadly, they do, if they choose to ignore the Constitution and the lessons of history.

"Progressives" hate the Constitution beyond all reason, unless they are able to manipulate it's intent and purpose.

15 posted on 01/27/2012 4:18:20 PM PST by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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To: Mr. Lucky

Darn those pesky facts!


16 posted on 01/27/2012 4:34:02 PM PST by RDAardvark (Fast-forward to Jan 20th 2013, please.)
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To: SWAMPSNIPER

http://www.wnd.com/2012/01/obama-accused-of-disrespecting-court-state-americans/


17 posted on 01/27/2012 5:02:22 PM PST by 353FMG
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To: SWAMPSNIPER
It was offered here: is this factual???:

The real issue in this is a President is not elected to these 49 United States, but Constitutionally must be elected by all 50 states, unless they have seceded from the Union as the Confederates did. Unless an event as that has taken place, the Constitution is not about Electoral Colleges or being ratified by Congress, but it is about the Union electing a President of all 50 states. Understand that any President can loose the popular vote as President Bush had, and win the electoral votes, along with numerous states, but no President can be President of these United States if he is not on the ballot or certified in all 50 states.

Scholars have missed this ultimate check and balance in the "silence of the Constitution". No state can keep any legal candidate off the ballot, but a state can keep anyone off the ballot who does not provide legal documentation they are qualified to be President. That is the Constitution at it's core in the Articles concerning the Presidency. 49 states can state a fraud can be President in their super majority, but if one state demands proof and the candidate does not provide that legal proof, the one state in checks and balances can negate a national Presidential Election.

...The experts will try to state that …….. can not override a majority vote by 49 other states, ……………..A President must be accepted by all 50 states according to legal Constitutional requirements. Any subject failing to provide natural born status can legally be rejected by any one state, and that one state in its minority rights will negate the other 49 states in the check and balance the Founders left silently in the Constitution to protect America from threats domestic and foreign.

.

18 posted on 01/27/2012 5:07:37 PM PST by Elle Bee
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To: Shadow44

obama doesn’t care about congress or the judicial system. he only cares about himself. he overrides their authority and they are too stupid to realize they are losing their power.


19 posted on 01/27/2012 5:33:25 PM PST by television is just wrong
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To: SWAMPSNIPER

In a pre-trial conference the judge offered to enter a default judgement agains’t Obama yesterday. However the plaintiff’s attorneys wanted to go ahead and present their evidence and witnesses in case Barry appeal the decision.

Likely the judge will issue and initial decision on FEb 1-2 and send it along with supporting docs to the GA SOS Brian Kemp who will review everything and issue a final decision by the 3rd or 4th. Smart money says they are going to keep Barry off the GA ballot.


20 posted on 01/27/2012 9:28:38 PM PST by lostboy61 (Only a little side trip,not the whole show)
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To: SWAMPSNIPER
It seems pretty obvious that at heart Obama is anything but American. I don't even think that he relates to our Courts, or our Congress much less care about them.
21 posted on 01/27/2012 10:26:22 PM PST by Bellflower (The LORD is Holy, separated from all sin, perfect, righteous, high and lifted up.)
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To: lostboy61

SCOTUS needs to find their balls and address the issue.


22 posted on 01/27/2012 11:00:22 PM PST by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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To: SWAMPSNIPER; Las Vegas Ron; little jeremiah; MestaMachine; BuckeyeTexan; STARWISE; rxsid; ...
Ping to the Usual suspects!

I can't believe I missed this letter. I missed the link on the site! Darn it! This is a letter that matters folks!!!

I repeat it here in the ping for the sake of saving time fo all'yall.

++++++++++++++++++++
http://libertylegalfoundation.org/1665/is-the-judicial-branch-dead/

One of my earliest childhood memories is of my parents talking about Nixon and the Watergate scandal. I remember the newspaper headline: “Nixon Resigns!” President Nixon’s fight against court subpoenas made international news. Yesterday President Obama completely ignored a court subpoena, and the world shrugged.

Obama’s behavior yesterday is even more disturbing than Nixon’s. Nixon at least respected the judicial branch enough to have his attorney’s show up in court and follow procedure. Nixon’s fight in the courts followed existing law. Nixon acknowledged the authority of the judicial branch even while he fought it. Obama, on the other hand, essentially said yesterday that the judicial branch has no power over him. He ordered his attorneys to stay away from the hearing. He didn’t petition a higher court in a legitimate attempt to stay the hearing. Instead he showed complete contempt for the entire judicial branch and for the rule of law. Rather than respecting the legal process, Obama went around the courts and tried to put political pressure directly on the Georgia Secretary of State. When that failed, he simply ignored the judicial branch completely.

The rule of law, and our three-branch system of government, now hang in the balance. If the Georgia court issues a ruling on the merits and an order finding Obama in contempt of court, and if that contempt order actually results in real punishment of some kind, then we will still have a Constitutional Republic. If this doesn’t happen, then Obama will have been rewarded for showing complete contempt for the judicial branch.

Understand that the goal of the Georgia ballot challenge was to have a court rule on the merits of the Constitutional question: Does the term “natural born citizen” in Article II of the Constitution require a Presidential candidate to have two parents that were U.S. citizens at the time the candidate was born? Obama wants to avoid having a court rule on this question. That is why he didn’t show up and ordered his attorneys to not show up. Obama was hoping that the Georgia court would enter a default judgment rather than rule on the merits. If the court enters a default judgment, Obama will have succeeded in avoiding the Constitutional eligibility question. He will then appeal the default judgment, get the appellate court to suspend the default judgment pending appeal, and then delay the appeal until after the primary. This is undoubtedly Obama’s plan.

If the Georgia Court rules that Supreme Court precedent must be followed and therefore Obama simply does not meet the minimum Constitutional requirements to hold the office of President, then we will at least have succeeded in finding one court in the nation willing to do its job. If that court finds Obama in contempt of court, then we still have three viable branches of government. The Georgia court has the authority to do both of these things. The world should be holding its breath.

Unfortunately the world is apparently unaware that our great Republic is on life support. The Roman Empire died a slow death. It’s death was so gradual that few people living at that time probably noticed the individual events that marked the death throes of that great empire. Apparently the same is true of America. Yesterday marked a stunning turn of events in the constant power struggle between the three branches of our government. Our President openly showed that he believes he is completely above the law. I wonder if the court even noticed its own death certificate. We will see in a few days.

I will certainly try to explain this to the court in our proposed findings of fact and law that the court requested we file before February 5th. Please pray with me that Judge Malihi rules on the merits of our case.

All of your encouragement and prayers have been greatly appreciated. They are needed even more over the next few weeks. This battle is FAR from over. And it has taken on importance beyond what we predicted (which is truly astounding). Please tell everyone you know about Obama’s contempt of the judicial branch. Please explain to them what it really means. Even those that agree with Obama politically and disagree with our ballot challenge should be shocked, appalled, and scared of Obama’s contempt for the judicial system.

23 posted on 01/30/2012 8:55:45 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: Danae; Flotsam_Jetsome; Berlin_Freeper; Hotlanta Mike; Silentgypsy; repubmom; HANG THE EXPENSE; ...
Image and video hosting by TinyPic

If the Georgia court issues a ruling on the merits and an order finding 0bama in contempt of court, and if that contempt order actually results in real punishment of some kind, then we will still have a Constitutional Republic. - If this doesn’t happen, then 0bama will have been rewarded for showing complete contempt for the judicial branch.

. . . . Important. - Article, and # 23.

Thanks, Danae.

24 posted on 01/30/2012 9:07:29 PM PST by LucyT ( NB. ~ Pakistan was NOT on the U.S. State Department's "no travel" list in 1981. ~)
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To: Danae; onyx; penelopesire; maggief; hoosiermama; SE Mom; Liz; rodguy911; Fred Nerks; Red Steel; ...

Thanks, D!
Prayers our constitutional republic survives intact.


25 posted on 01/30/2012 9:08:50 PM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: LucyT

You ‘betcha!!! ;)


26 posted on 01/30/2012 9:18:43 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: Danae

I don’t think the author understands the procedure in GA. There isn’t going to be a contempt order issued. The judge is an Administrative Law Judge. He will make a decision without hearing Obama’s defense because none was offered and the plaintiffs didn’t want a default judgment issued in their favor. (They wanted to enter evidence into th legal record.)

The ALJ’s decision, as I understand the procedure, will simply be a recommendation to the Secretary of State on whether or not Obama is qualified to be on the ballot based on the evidence presented at the hearing (not on evidence not presented). I believe Obama may appeal if he wants to do so, but I do not believe the ALJ’s decision is binding upon the GA SoS. The SoS will consider the ALJ’s recommendation and then come to his own legal decision, which is binding upon Obama and which he can also appeal.

Obama’s attorneys, IMHO, weren’t ignoring the ALJ. They simply don’t care what he recommends to the SoS. Obama is obviously confident that the SoS will not rule him ineligible. And if he does, Obama will appeal. So, in short, why bother with the ALJ in the first place?


27 posted on 01/30/2012 9:20:42 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: BuckeyeTexan

The author is Van Irion.

I think he does have a pretty good idea.....


28 posted on 01/30/2012 9:22:35 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: BuckeyeTexan

Shoot! I had added this in... but snafu.... THe SOS sent it to the ALJ I think to diffuse some of the pressure on HIM. I do not know the rules of the court in Georgia, but I presume that Van Irion does given that he is one of the three attorneys involved.

One can only hope. Alabama is next!


29 posted on 01/30/2012 9:24:55 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: Danae; BuckeyeTexan; All

Don’t forget this letter fron the SOS to BHO’s atty before the hearing.

~~~~~~~~~~~~

Obama’s Attorney Jablonski Slapped Down
By Georgia SOS Over Obama’s Ballot Access Hearing

VIA REGULAR MAIL & EMAIL

Michael Jablonski
260 Brighton Road, NE
Atlanta, Georgia 30309
michael.jablonski@comcast.com

RE: Georgia Presidential Preference Primary Hearings

Dear Mr. Jablonski:

I received your letter expressing your concerns with the manner in which the Office of State Administrative Hearings (”OSAH”) has handled the candidate challenges involving your client and advising me that you and your client will “suspend” participation in the administrative proceeding. While I regret that you do not feel that the proceedings are appropriate, my referral of this matter to an administrative law judge at OSAH was in keeping with Georgia law, and specifically O.C.G.A. § 21-2-5.

As you are aware, OSAH Rule 616-1-2-.17 cited in your letter only applies to parties to a hearing. As the referring agency, the Secretary of State’s Office is not a party to the candidate challenge hearings scheduled for tomorrow. To the extent a request to withdraw the case referral is procedurally available, I do not believe such a request would be judicious given the hearing is set for tomorrow morning.

In following the procedures set forth in the Georgia Election Code, I expect the administrative law judge to report his findings to me after his full consideration of the evidence and law. Upon receipt of the report, I will fully and fairly review the entire record and initial decision of the administrative law judge. Anything you and your client place in the record in response to the challenge will be beneficial to my review of the initial decision; however, if you and your client choose to suspend your participation in the OSAH proceedings, please understand that you do so at your own peril.

I certainly appreciate you contacting me about your concerns, and thank you for your attention to this
matter.

Sincerely,
Brian P. Kemp
Georgia Secretary of State

http://obamareleaseyourrecords.blogspot.com/2012/01/obamas-attorney-jablonski-slapped-down.html


30 posted on 01/30/2012 9:38:44 PM PST by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: Danae

Yes, I see that he’s one of the attorneys, but what he fails to mention is that the ALJ’s decision is not binding upon the GA SoS. So, essentially, why should Obama even bother? It’s the SoS that Obama must appeal if he’s ruled ineligible. Obama’s betting that won’t happen. It’s nothing more than a procedural move, IMHO. That’s how Obama works. He uses procedure to get his way. If he’s ruled ineligible, he appeals, ties it up in court until after the election and WHAM! We’re back where we started. I know, I’m cynical. But I don’t believe the courts will ever rule him ineligible. He’d have to suspend the Constitution before they’d even blink in recognition of a freaking problem.


31 posted on 01/30/2012 9:40:13 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: STARWISE

Yep. One can hope he’s telegraphing the fact that he will go with whatever the ALJ recommends, but who know?

Either way, if Obama is ruled ineligible by the SoS, Obama appeals. The case gets tied up in court. I’m not expecting anything different from where we are now.

I’m beyond cynical at this point. That’s not to say it doesn’t matter to me. It does - a great deal - as shown by my personal investment in the matter. I’m just nearly defeated.


32 posted on 01/30/2012 9:48:01 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Danae; LucyT

Foggy of the Fogbow said...[Reply]

From the transcript of Farrar v. Obama:

JUDGE MALIHI: Counsel, are you testifying?

MS.TAITZ: I can actually testify.

JUDGE MALIHI: You don’t have to. I asked you to do closing argument.

MS TAITZ: I would like to, yes.

JUDGE MALIHI: No, no, no.

MS TAITZ: Actually, since I was the one ...

JUDGE MALIHI: What personal knowledge do you have?

MS TAITZ: I personally obtained those documents.

JUDGE MALIHI: And – no, no, no. That’s not personal knowledge.

Heh, heh. She actually ran up to the witness stand in the middle of her closing argument. You can watch a thousand trials and you’ll never see that.

Poor Judge Malihi. He thought he’d have the President in his court. He thought he’d be famous. Instead, he’ll never get rid of the birtherstink. He’s a laughingstock among his colleagues, forever. You should have seen his face!
January 30, 2012 3:20 PM

The mental case Foggy has joined with Obamareleaseyourrecords.

http://obamareleaseyourrecords.blogspot.com/2012/01/entire-georgia-obama-ballot-access.html


33 posted on 01/30/2012 9:50:01 PM PST by bushpilot1
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To: BuckeyeTexan

True.... but we still have what 10 states to go with similar challenges?

Don’t give up hope. Its time for change!


34 posted on 01/30/2012 9:50:01 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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To: Danae

I’m so defeated that I removed all the “Refuting Birther Misinformation” stuff from my FR homepage. Leo has done yeoman’s work. And IMHO, if it’s not his arguments being heard before SCOTUS, it ain’t gonna happen. Will the ballot changes get us there? IDK.


35 posted on 01/30/2012 9:56:43 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Danae

Freaking auto-correct! Challenges not changes.


36 posted on 01/30/2012 9:57:49 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: bushpilot1

Well ... whomever he is ... he’s right that Orly Taitz is a laughingstock. He’s wrong about the judge’s motivation. The judge was just following the law. I don’t think the judge ever believed Obama would show up. I certainly didn’t.


37 posted on 01/30/2012 10:03:21 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Elle Bee

Whoever wrote that didn’t read the damn Constitution. The electoral college votes and submits said votes to the Congress to be counted. The person receiving a majority of the electoral votes “shall be President.” It doesn’t say a damn thing about all 50 states. It says a majority of all electoral votes apportioned. So if GA, for example, refuses to allow Obama on the ballot, the electoral college in GA still gets to submit their votes (likely for someone else) to Congress to be counted. If Obama has a majority without GA. He’s in again.


38 posted on 01/30/2012 10:16:58 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Elle Bee

In other words, the Electors in each state are required by the Constitution to vote for someone and those votes will be counted by Congress unless there are unresolved objections to those votes by Congress.


39 posted on 01/30/2012 10:20:57 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: BuckeyeTexan

“I don’t think the author understands the procedure in GA”

You may be right. For one thing the author talks about the disregard for the “judical branch”. One problem, the Office of State Administrative Hearings is not part of the Judical Branch, it is part of the Executive Branch.

Ҥ 50-13-40 Office created; chief state administrative law judge
(a) There is created within the executive branch of state government the Office of State Administrative Hearings.”

The Governor appoints a chief state administrative law judge.

“(b) The head of the office shall be the chief state administrative law judge who shall be appointed by the Governor”

The chief state administrative law judge then hires additional judges to handle the cases.

“(e)(1) The chief state administrative law judge shall have the power to employ full-time assistant administrative law judges who shall exercise the powers conferred upon the chief state administrative law judge in all administrative cases assigned to them.”

http://law.justia.com/codes/georgia/2010/title-50/chapter-13/article-2/50-13-40/

There is also this:

§ 50-13-13.

“(7) Subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county where the contested case is being heard for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court.”

http://law.justia.com/codes/georgia/2006/50/50-13-13.html

I don’t believe anyone filed a Motion to Compel with the Superior Court.


40 posted on 01/31/2012 10:04:29 PM PST by 4Zoltan
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