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Attorney Hatfield Filed Appeals to Judge Malihi's Rulings with Fulton County Superior Court
BirtherReport.com ^ | February 16, 2012 | Unattributed

Posted on 02/16/2012 3:34:35 PM PST by Seizethecarp

Attorney Mark Hatfield on behalf of Plaintiffs Kevin Powell and Carl Swensson has filed appeals to the Georgia ballot access challenge with the Fulton County Superior Court of the State of Georgia. Attorney Hatfield also sent notices to Judge Malihi and Georgia Secretary of State Brian Kemp.

The first case is styled Kevin Richard Powell v. Barack Obama and the case number assigned is 2012CV211528.

“This action is an appeal of a Final Decision of Georgia Secretary of State Brian P. Kemp denying Petitioner Kevin Richard Powell's challenge to the qualifications of Respondent Barack Obama, a presidential candidate, to seek and hold the Office of the President of the United States, and finding Respondent Obama eligible as a candidate for the presidential primary election.”

This case has been assigned to Judge Christopher S. Brasher.

The other case is styled Carl Swensson v. Barack Obama and the case number assigned is 2012CV211527.

“This action is an appeal of a Final Decision of Georgia Secretary of State Brian P. Kemp denying Petitioner Carl Swensson's challenge to the qualifications of Respondent Barack Obama, a presidential candidate, to seek and hold the Office of the President of the United States, and finding Respondent Obama eligible as a candidate for the presidential primary election.”

Carl's case has been assigned to Judge Henry M. Newkirk.

(Excerpt) Read more at obamareleaseyourrecords.blogspot.com ...


TOPICS: Conspiracy; Government; Politics
KEYWORDS: certifigate; hatfield; naturalborncitizen; obama
Links to six Hatfield filings are at link...
1 posted on 02/16/2012 3:34:46 PM PST by Seizethecarp
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To: LucyT

Ping...to Hatfield appeal filings to Fulton Co. Superior Court.


2 posted on 02/16/2012 3:36:25 PM PST by Seizethecarp
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To: Seizethecarp

It’s a good appeal filing by Hatfield. It lays the groundwork for his future filings.


3 posted on 02/16/2012 3:42:51 PM PST by Red Steel
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To: Seizethecarp

Looks like a rock ‘em, sock ‘em set of filings!

Hatfield says “decisions of the Secretary of State are (abbreviated):

a. in violation of the constitution

b. in excess of authority

c. result of unlawful procedures

d. based on errors of law

e. clearly erroneous

f. arbitrary and capricious and an abuse of discretion


4 posted on 02/16/2012 3:47:01 PM PST by Seizethecarp
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To: Seizethecarp

Too bad that judge’s name isn’t “McCoy”.


5 posted on 02/16/2012 3:50:53 PM PST by Lancey Howard
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To: Seizethecarp
Let the delaying tactics commence.

Would that be considered prognostication or simply identifying a perpetrator's established modus operandi?

6 posted on 02/16/2012 5:47:27 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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Freepers!
Come on! Day 47 of the Freepathon and only 44 days until the start of the next. What will you do and where will you post if it goes?

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7 posted on 02/16/2012 5:47:43 PM PST by RedMDer (Forward With Confidence!)
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To: Lancey Howard
Too bad that judge’s name isn’t “McCoy”.

Malihi would have worn that name very well.

8 posted on 02/16/2012 6:02:30 PM PST by frog in a pot (I am not a birther, I am an NBC'er)
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To: philman_36
“Let the delaying tactics commence.”

Malihi’s ruling will almost certainly be rubber-stamped in Fulton Co. Superior Court. It might even be rubber-stamped all to way to SCOTUS, given the stakes.

9 posted on 02/16/2012 6:04:25 PM PST by Seizethecarp
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To: Seizethecarp; All
Malihi’s ruling will almost certainly be rubber-stamped in Fulton Co. Superior Court. It might even be rubber-stamped all to way to SCOTUS, given the stakes.

What piques my curiosity the most is what it's going to take before this starts making national headlines and nightly reports. There has been so much effort to keep all of this "under the radar" and yet, from what I've been able to gather, it's getting attention despite the media blackout.

At some point somebody will have to cover it just to "get the scoop" on the others. I doubt it will be properly covered (see @How Mitt Romney’s Mexican-Born Father Was Eligible to be President), as it'll probably be just more "he was born in Hawaii" BS instead of "he isn't a natural born citizen", but it'll get covered and that's the last thing to be desired.

10 posted on 02/16/2012 7:10:28 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36; Red Steel
FWIW, Fogbow and Dr. Conspiracy lawyers are claiming that Hatfield's defendant on his two appeals should have been SOS Kemp, not Obama.

I doubt it.

Fogbowers are showing some concern over Hatfield challenging whether the record at his hearing supported a conclusion of law that Obama was born in HI and also whether a conclusion was supported that Obama’s mom was a citizen!

Hatfield's case was based on BHO Sr. not being a citizen and not where Barry was born and his mom's citizenship was never challenged IIRC. Fogbowers are wondering whether Hatfield is improperly attempting to raise new issues of jus soli in this appeal that he did not argue at the hearing.

11 posted on 02/16/2012 9:04:20 PM PST by Seizethecarp
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To: Seizethecarp; Gvl_M3; Flotsam_Jetsome; Berlin_Freeper; Hotlanta Mike; Silentgypsy; repubmom; ...

.

Ping

Attorney Hatfield Filed Appeals to Judge Malihi’s Rulings with Fulton County Superior Court

Thanks, Seizethecarp.

.


12 posted on 02/16/2012 9:29:29 PM PST by LucyT
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To: LucyT

Thanks for the ping.

We will hear about this in the MSM, eventually. Things are reaching a saturation point.

Pray. Pray for our country.


13 posted on 02/16/2012 10:30:06 PM PST by thecodont
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To: Seizethecarp

On appeal, it’s not clear if they are supposed to name the original defandant or if the state is put on the defensive. It was the SoS’s decision, but the original case was filed against the candidate, not the SoS. I doubt the judge will have a problem with it.

I think it’s a mistake for any of these plaintiffs to enter any of Obama’s alleged birth certificates as evidence. Keep the burden of proof on Obama. There’s no probative evidence to show where he was born and who his parents are and what their citizenship was at the time of birth. The only legal precdent is the Minor definition of NBC, which precludes the children of foreign nationals. Then they can point to the divorce records and Barack Sr.’s immigration file.


14 posted on 02/16/2012 10:33:09 PM PST by edge919
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To: edge919
"Keep the burden of proof on Obama."


15 posted on 02/17/2012 2:59:13 AM PST by Flotsam_Jetsome (If not you, who? If not now, when?)
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To: Seizethecarp; Red Steel; All
FWIW, Fogbow and Dr. Conspiracy lawyers are claiming that Hatfield's defendant on his two appeals should have been SOS Kemp, not Obama.
It seems to me that simply asking, or finding out, if Kemp is an elector would resolve that issue. To use an old argument...he wouldn't have "standing" if he wasn't one.
But, then again, I could be wrong.
16 posted on 02/17/2012 4:11:13 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: edge919; All
I think it’s a mistake for any of these plaintiffs to enter any of Obama’s alleged birth certificates as evidence. Keep the burden of proof on Obama. There’s no probative evidence to show where he was born and who his parents are and what their citizenship was at the time of birth. The only legal precdent is the Minor definition of NBC, which precludes the children of foreign nationals. Then they can point to the divorce records and Barack Sr.’s immigration file.

Why do you consider the divorce records and immigration file to be of more value as "probative evidence" than the "alleged birth certificates"?
And a second point...isn't the burden of proof already on Obama according to Georgia statutes?

17 posted on 02/17/2012 4:18:11 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Seizethecarp

Are they appealing the administrative hearing or the SoS decision? What would have happened if the SoS had rendered a decision without a hearing?

I guess the question is whether the hearing is legally viewed as an independent judicial event or merely an internal administrative process within the SoS office.

Since the SoS made the final decision it seems to me that he has some responsibility to defend his position.


18 posted on 02/17/2012 5:35:07 AM PST by Harlan1196
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To: Seizethecarp

Aren’t most if not all of THEM disbarred?


19 posted on 02/17/2012 5:44:37 AM PST by bvw
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To: Seizethecarp; All

SUPERIOR COURT ASKED TO BOOT OBAMA FROM BALLOT

http://www.wnd.com/2012/02/superior-court-asked-to-boot-obama-from-ballot/


20 posted on 02/17/2012 6:22:07 AM PST by Hotlanta Mike (TeaNami)
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To: Seizethecarp
‘The rule of law’ ... and the democrat progressives finally realized that controlling how the ‘law’ is interpreted (how new law is created from whole cloth) rules the sheeple, not what the Constitution says. Of course, feckless Republicans had to acquiesce in order for the coup to work, but that is exactly what they've done and are currently doing, violating of course their oath to uphold and defend the Constitution. Treasonous, the lot of them.
21 posted on 02/17/2012 7:45:39 AM PST by MHGinTN (Being deceived can be cured.)
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