Farrar Motion to dismiss by Obama is denied

3Jan2012 | MICHAEL M. MALIHI, Judge

[hoosiermama]

What do we know about the SoS of Georgia?

[bergmeid]

He’s a Republican. Not that that means a lot these days, but still.

http://en.wikipedia.org/wiki/Brian_Kemp

[Exmil_UK]

http://www.sos.georgia.gov/misc/brianbio.htm

Interesting

[bergmeid]

So they find an administrative law judge who is a democrap and pay him off....... or does it not work that way? How many administrative law judges are there in Georgia?

[bluecat6]

He was busy with his own runoff election today:

http://www.sos.ga.gov/

Bio:

http://www.sos.georgia.gov/misc/brianbio.htm

Looks like a well connected U of G Bulldog.

As I have stated numerous times. No one in official office whats to deal with this issue. And it is not because they are evil or bad or part of a conspiracy. No one wants to be the first domino.

In reading the statute the next step of material significance is the hearing with the administrative law judge. That judge then presents their findings and details and background to the SoS. The SoS then makes the call on eligibility - based on the material from the judge.

So the next domino in this chain is the ‘administrative law judge’. If their findings are completely definitive one way or the other then the SoS has an easy call. If the findings are muddled then it will be difficult on the SoS. My bet is that input to the SoS will not be 50/50. It will lay it out one way or the other.

I do not believe the authenticity of the COLB or LFBC will be investigated. At most, they may ask Hawaii to send them actual documents. If Hawaii sends real, authentic state approved documents then Georgia will likely accept them as fact. If Hawaii does not produce documents - this could get interesting. But the real test will be if the parental requirement comes into play. If the word native is used a lot then we know what the ruling will be. If the word natural is used a lot - well, it could get interesting.

And, of course, either party can appeal and it goes to a judge in Cobb County. Which both parties will do regardless of the decision.

After the SoS decision here are the items that can be the source of an appeal to Cobb County. From the statute:

“The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the Secretary of State are:

(1) In violation of the Constitution or laws of this state;
(2) In excess of the statutory authority of the Secretary of State;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.”

So in short:
1. Administrative law judge - Facts, finding, background.
2. SoS - Decision.
3. Appellate judge - Review for significant errors by SoS in 6 categories.

Pull up a chair and get some popcorn! Should be a good show!

[hoosiermama]

ALJ in charge of discovery? Can they accept an Amichi(sp) brief?

[Godebert]

"As I have stated numerous times. No one in official office whats to deal with this issue. And it is not because they are evil or bad or part of a conspiracy. No one wants to be the first domino."

I have a feeling LTC Terrence Lakin shall eventually be recognized as a true American hero. The only officer to uphold his sworn oath to protect and defend the Constitution.

[hoosiermama]

FYI

[bluecat6]

amicus brief (i.e. friend of the court).

Not sure...probably not many of these cases in any state and certainly not too many dealing with federal candidates.

Here is your slate of possible judges:

http://www.osah.ga.gov/judges-dir.aspx

Here is an FAQ on the procedure:

http://www.osah.ga.gov/questions.html

Look at #2 and #12.

Some background:

http://www.osah.ga.gov/documents/RideTrail.pdf

[hoosiermama]

12 should be interesting.

2 will be represented by his law firm (No doubt paid by campaign finances)

[hoosiermama]

Can a GA judge request or order a sealed document open in another state (HI)?

[Spunky]

Delete the link in post #14, if need be.

17 posted on Tuesday, January 03, 2012 10:50:53 AM by maggief

[ Post Reply | Private Reply | To 16 | View Replies | Report Abuse]

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To: maggief

Thanks, we got right on it.

;-)

How come I can click on it and get a PDF file of the denial then?

[bluecat6]

Unsealing of court ordered sealed documents would not be a trivial exercise.

But here is the question at hand. If everything from Hawaii is on the up and up then nothing should be sealed.

But after 3 years of looking at this stuff that is hard to believe. The former governor referenced ‘sealed documents’. Documents get ‘sealed’ via court order, not because some bureaucrat wants them kept secret. So if there are ‘sealed documents’ in Hawaii it would tell this - that a change of legal identity took place. And if a change of legal identity took place it would through the entire ‘Dreams’ scenario out the window. But more importantly it would mean the Obama committed fraud when he claimed no other identities as an Illinois Senator. And if the identity were changed (and possibly changed back) due to adoption by a foreign national citizen - then nbC status would be shot.

But as a matter of record Georgia should ask Hawaii for the documents - directly! Hawaii law allows for documents to be sent to courts in other states. If Hawaii coughs them up - great. If they do not and deflect the request then double up on the popcorn and put in lots of butter. It will possibly mean that Hawaii knows the LFBC and COLB images released thus far are frauds. It is really that simple. Hawaii has never been the original source of either the COLB or LFBC and has never confirmed the released ones are authentic. The ‘chain of evidence’ of authenticity of either document image has been broken. So a ‘man-in-the-middle’ fraud is possible for either document image.

If the judge focuses their findings on jus sanguinis and not jus soli then Georgia may not ask for the documents at all as they would not be relevant.

[Kenny Bunk]

Now we must all be aware and beware of Team Obama settling this with yet another fake BC. Depending upon the officials involved this could be another grandstand play.

With each of the numerous Republican elected officials I have approached on eligibility, the answer always is,

"Well, he was born in Hawaii."

To achieve the desired result, which is to get this mess to the SCOTUS,the issue before the court must be "Natural Born Citizenship."

[hoosiermama]

A direct carriage of document either by of Fed Marshall or an officer of the Health Department of HI is the only was that the documentation should be allowed in court....NO ABSTRACTS....Anything else could and should be challenged. A CHAIN OF EVIDENCE MUST BE ESTABLISHED.

Yes the change of legal identity is the only legal way to seal documents...BO cannot even unseal them. But a judge can request the unsealing and distsribution of materials. It can be done either for his eyes only in a singular case or for distribution.

Yes he lied on his application to be admitted to the bar in ILL. Since he no longer has a law license, he cannot be disbarred.

OTOH There is documentation of Barry Sortoero as a citizen of Indonesia...whether it would hold up in court??? The Lolo divorce papers would be supportive. Maybe other documentation if individual will come forward with it.

[bitt]

ping to whole thread!

[null and void]

Maybe Obama will share a jail cell with Nancy Pelosi, who signed the documents that said he was the candidate, but left out the Constutional statement on his being qualified.

Her defense is that she didn’t read it before she signed it...

Not gonna fly, she signed a version that did certify under penalty of perjury that he was constitutionally qualified, had that version called back, and then signed a version with the offending paragraph removed.

[Marine_Uncle]

Holy smokes. Unless I am misreading the article, it looks like the goon from Kenya may be in for a rough ride in due time. That is. The Secretary of State and the electors of Georgia will have the right to decide given adequate proof or lack of proof by someone representing Obama as to his eligibility to run for POTUS. Sweet.

[Kenny Bunk]

But as a matter of record Georgia should ask Hawaii for the documents

Hawaii and the documentation they may offer are not germane to the central question, "Is he eligible to run under Article II?"

Sure, this aimed at Obama. But whether or not we have a Constitution is a bigger issue.

[OrioleFan]

I believe Hawaii got the Constitutionally qualified version, else the DNC out there wasn’t going to put him on the ballot (probably because they knew and needed cover).