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To: Doc Conspiracy; LucyT
Barry couldn't get a drivers license or even get into Little League with the “preponderance of the evidence” you have listed.

Barry's legal team has spent untold $$ to insure that no certified BC for Barry has ever been “produced” in evidence and this incriminating pattern of behavior has continued in this GA ballot challenge. Only a photocopy image of an alleged certified copy of the HI LFBC with alleged raised seal was presented as hearsay “evidence” by Irion and Taitz, and also sent ex parte by Jablonski to SOS Kemp and copied to Malihi.

Failing to find SCOTUS support, or support in ANY federal case to support Barry's NBC eligibility, Malihi resorted to dicta in Ankeny, an Indiana state appeals court case. In Ankeny the judges failed elementary grammar, not to mention proper legal construction, in claiming that the Minor v. Happersett NBC language supported rather than refuted Barry's eligibility. No subsequent federal case affirms this claimed precedent ruling on the NBC definition...thus the resort to the state case, Ankeny.

The dishonest twisting of the Minor case NBC language by the Ankeny panel takes place in the interpretation of two sentences:

“Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of the parents. As to this class there have been doubts, but never as to the first.”

The Ankeny panel replaces the word “citizens” in the first sentence with the meaning “natural born citizens.” This is clearly false.

Then the Ankeny panel takes the words “this class” in the second sentence and deems them to mean “this natural born citizen class” about which “there have been doubts” which is false. As the first sentence clearly says, it is the citizenship, not the NBC status, of “children born within the jurisdiction without reference to the citizenship of the parents” about which “there have been doubts,” not their NBC status.

The WKA court only resolved the citizenship status of WKA, NOT his NBC status, which even the Ankeny panel admitted, as did Malihi.

So in GA we have Malihi affirming Barry is NBC relying on dicta in Ankeny twisting the dicta in ARK which cited a holding in Minor v Happersett...a holding defining NBC to "no doubt" EXCLUDE Barry if constructed strictly.

108 posted on 02/18/2012 10:18:13 AM PST by Seizethecarp
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To: Seizethecarp

Attorney Hatfield is going to have a field day taking apart judge Malihi and “Arkeny,” etcetera during the appeal. He’s going to lay their BS bare. LoL.


109 posted on 02/18/2012 10:40:26 AM PST by Red Steel
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