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Eligibility Judge About To Lower The Boom On Barack?
Western Center for Journalism ^ | Jan 28, 2012 | Doug Book

Posted on 01/29/2012 12:08:18 PM PST by bkopto

... Well Obama had been subpoenaed to appear in that courtroom. The subpoena had been specifically and without reservation upheld by Judge Malihi just 6 days earlier. So Obama was in obvious violation of the court’s order.

So maybe, just maybe Judge Malihi read the final words of Jablonski’s hyper arrogant, “we don’t believe your little state or your silly hearing are worth our time” letter for the purpose of reading into the record the fact that it was indeed the decision of Obama and his attorney to NOT attend and to NOT honor legal subpoenas.

And if that is the case, it means Malihi is clearing the decks for either a default judgment against the president, or the implementation of a legal remedy of some sort for Obama’s self-important refusal to appear or even respond to the proceeding with counsel.

Naturally it would take an attorney to decipher any “legal” significance in Malihi’s actions, but through his past rulings the judge has made it abundantly clear that he will follow the laws of the state of Georgia to the letter and accept no grandstanding or phony arguments from either side, not even from a president.

And it is against the law to ignore a subpoena, perhaps all the more so when the judge himself refused to allow Obama’s earlier request that the subpoena be quashed.

It might be significant that Georgia Secretary of State Kemp backed Malihi to the hilt in his response to Michael Jablonski’s letter, telling the lawyer “…If you and your client choose to suspend your participation in the OSAH proceedings, please understand that you do so at your own peril.”

In short, though you and your client clearly don’t think much of our state or its laws, we will conduct the business of both just as though you were mere mortals rather than privileged characters.

When will Judge Malihi issue a ruling and what weight of law will it carry? Attorneys for both sides have until February 5th to present additional evidence for their claims. Soon after that we will know how determined the State of Georgia is in seeing to it their laws are obeyed…even by a president.


TOPICS:
KEYWORDS: naturalborncitizen; obama; usurper
From the comments:

Send your appreciation to:

Contact: Valerie Ruff for Judge Malihi Case Management Assistant vruff@osah.ga.gov Tel: (404) 651-7595 Fax: (404) 818-3751

http://www.osah.ga.gov/judges-dir-detail.aspx?StaffID=mmalihi

Call, email respectful appreciation. Some have said it’s essential for Judge Malihi to sense that “we the people” are behind him and his action. So let’s remove any doubt the Judge might have of the strong support we’re offering.

1 posted on 01/29/2012 12:08:21 PM PST by bkopto
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To: bkopto

“we don’t believe your little state or your silly hearing are worth our time”

Is that an actual quote?


2 posted on 01/29/2012 12:10:54 PM PST by Kirkwood (Zombie Hunter)
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To: bkopto

It is unlikely Judge Malihi will allow Obama’s attorney to submit additional evidence or a pleading after he failed to appear.

OFFICE OF STATE ADMINISTRATIVE HEARINGS
CHAPTER 616-1-2
ADMINISTRATIVE RULES OF PROCEDURE

616-1-2-.30 Default. Amended.

(1) A default order may be entered against a party that fails to participate in any stage of a proceeding, a party that fails to file any required pleading, or a party that fails to comply with an order issued by the Administrative Law Judge.

(2) Any default order may provide for a default as to all issues, a default as to specific issues, or other limitations, including limitations on the presentation of evidence and on the defaulting party’s continued participation in the proceeding. After issuing a default order, the Administrative Law Judge shall proceed as necessary to resolve the case without the participation of the defaulting party, or with such limited participation as the Administrative Law Judge deems appropriate, and shall determine all issues in the proceeding, including those affecting the party in default.


3 posted on 01/29/2012 12:14:13 PM PST by SvenMagnussen (PSALMS 37:28 For the LORD loves justice and does not abandon the faithful.)
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To: bkopto
"Attorneys for both sides have until February 5th to present additional evidence"

What up wid Dat? Aren't they supposed to present and exchange evidence before the hearing and then give oral argument in real time with the Judge to judge shortly after.

4 posted on 01/29/2012 12:18:55 PM PST by Paladin2
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To: bkopto
I don't think our nimrod president - who has the ultimate contempt for this nation - is too worried about contempt of court.


BHO Cell


5 posted on 01/29/2012 12:23:02 PM PST by FrankR (You are only enslaved to the extent of the entitlements you receive.)
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To: Kirkwood
Is that an actual quote?

No. It is a "reading between the lines" interpretation.

6 posted on 01/29/2012 12:26:37 PM PST by bkopto (Obama is merely a symptom of a more profound, systemic disease in American body politic.)
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To: bkopto

Wonder why the author put it in quotes then? Ridiculous.


7 posted on 01/29/2012 12:28:46 PM PST by Kirkwood (Zombie Hunter)
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To: SvenMagnussen

It looks like Jaw-blockhead didn’t even bother to make a half competent argument. Wouldn’t it be funny if Obama later tries to plead ineffective assistance of counsel.


8 posted on 01/29/2012 12:30:02 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: Kirkwood

Scare quotes, in this case.


9 posted on 01/29/2012 12:30:42 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: HiTech RedNeck

Perhaps with 0bama a no show Jablonski was afraid any evidence he would submit would be considered direct testimony and be put in a purjury trap . This happened during the hearing to Orly when she began making statements ,, the judge stopped her and asked her if she were in fact starting to testify . She was then sworn in and then testified to the evidence or statements she presented .


10 posted on 01/29/2012 12:44:02 PM PST by Lionheartusa1 (-: Socialism is the equal distribution of misery :-)
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To: Paladin2

As I recall...The judge closed the case as to the acceptance of anymore material from either side. The plaintiffs actually requested that.


11 posted on 01/29/2012 12:45:06 PM PST by Revel
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To: LucyT; null and void; Danae

Ping.


12 posted on 01/29/2012 12:46:44 PM PST by thecodont
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To: bkopto

The media is not covering this...so, it must not be happening.

And if it is...they still won’t cover it.


13 posted on 01/29/2012 12:48:41 PM PST by kjo
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To: Revel

Sounds like it ain’t over ‘til it’s over and over.


14 posted on 01/29/2012 12:53:31 PM PST by Paladin2
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To: Lionheartusa1

With Orly it sounds like a simple mistake. She didn’t intend to present non-sworn “testimony” — she was just too eager to get going. And she didn’t mind the judge correcting the oversight and swearing her in as a witness.

But you may be right, heck if Jaw-bluster was going to permit Obama to be sworn!


15 posted on 01/29/2012 12:56:03 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: kjo

If they do, it will be . . . redneck State of Georgia . . . history of discrimination . . . Voting Rights Act . . . Jim Crow . . . State’s Rights lunatics . . . racism.

What won’t be mentioned is the Article II Section 1 obligation of all the States.


16 posted on 01/29/2012 12:58:26 PM PST by Jacquerie (No court will save us from ourselves.)
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To: Revel

Does Obama want to lose this at this point without submitting evidence so he can jawbone about “those white redneck bastards in Georgia keeping a black man down” and (honestly) claim that the evidence wasn’t even looked at ... You know the media will push his side 110% and there will be riots if he isn’t on the ballot.


17 posted on 01/29/2012 12:58:52 PM PST by Neidermeyer
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To: kjo; All

Our first Muslim President was given. $$ to buy the election in 2008.

Obama is now doing what he does best, he is causing Turmoil

If he looses the election, the Muslim radical will make the 2000 Fla presidential court case look like child’s play. The Muslim scumbag is hopieing for race riots and martial law. While America burns, Obama will be smiling.

What would be so funny if it weren’t so serios is that Americans can’t even see what Obama is. Ask yourself the question, what would a Muslim. Terrorist do if he was made President.

The answer is nothing. Do you think Obama got $$ from Wall Street or Iran?


18 posted on 01/29/2012 1:10:25 PM PST by politicianslie (Obama: America's first Muslim POTUS, doing all he can to destroy America. HELLO, can anyone think?)
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To: Neidermeyer

You know that sounds exactly like something he would do.


19 posted on 01/29/2012 1:44:52 PM PST by Revel
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To: bkopto

In the event that Judge Malihi rules against zero, the entire case becomes very interesting. Much of American law is based on precedent and legal rulings and, assuming the judgement goes against Obama, it sets a legal precedent that can be introduced in other cases.

Should that occur, I’d stock up on popcorn and batten down the hatches . . . . . . just in case.

Doubtless, zero will appeal and probably go judge shopping to find a sympathetic liberal judge to overturn Judge Malihi’s ruling (which won’t be hard!). That will then lead to more appeals and, potentally, a SCOTUS filing. Of course, by then, zero may well be out of office, but the matter still needs to be resolved. It has been VERY disturbing to note that virtally very previous case challenging zero’s eligibility has ben thrown out based on legal standing. To date, not a single judge or court has defind who has legal standing to bring this type of case against a sitting president, but they have denied that he different people who HAVE filed such cases have the standing. So who does?

IMO, ANY American citizen should have standing to bring such a case to court because this is a fundamental Constitutional issue. As such, ANY citizen should have the right and, if not, I don’t think we have implemented the Constitution the way that the Founding Fathers planned!!


20 posted on 01/29/2012 2:29:44 PM PST by DustyMoment (Congress - Another name for white collar criminals!!)
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To: DustyMoment

DustyMoment, you’re right when you say “virtually every previous case challenging zero’s eligibility has been thrown out based on legal standing”. We sure have come a long way from the time the Constitution was established with a preamble beginning with the words “We the People” to a time where “we the people” have NO standing to challenge violations of our constitution. Up until this point the legal establishment has dishonored itself in its zeal to protect the poseur Obama and his minions.

I pray that Judge Malihi and the Georgia Secretary of State Brian Kemp show the fortitude to make a right and timely decision in this case. And I hope that their courageous examples will inspire and be followed by their counterparts in other states.


21 posted on 01/29/2012 3:55:22 PM PST by House Atreides
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To: politicianslie

Yes, of course...


22 posted on 01/29/2012 6:07:23 PM PST by TXnMA ("Allah": Satan's current alias...)
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To: bkopto
Is it true that Jablonski is a member of the Georgia Bar?

If so, is he ready to retire (be disbarred) for blatant contempt?

23 posted on 01/29/2012 6:20:18 PM PST by TXnMA ("Allah": Satan's current alias...)
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To: bkopto
Interesting article: "Is the Judicial Branch dead?"

Øbozo certainly appears to be trying to place himself above the law.

The article is concerned about a possible attempt to collapse one of the three legs of our "separate but equal" branches of government -- but it ignores that all-important fourth leg: The People.

It would appear to be a major strategic mistake to chart a course to deliberately destroy the judiciary -- without first destroying the Second Amendment that empowers the People. If this ploy is, indeed, aimed at overpowering the Judiciary, it could conceivably turn out to be be one huge miscalculation...

Nor am I convinced that our military would stand idly by and let an usurper destroy a third of our government, either...

~~~~~~~~~

Perhaps we are seeing the first glimpse of arrogant overconfidence sowing the seeds of its own destruction...

24 posted on 01/29/2012 6:46:22 PM PST by TXnMA ("Allah": Satan's current alias...)
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To: FrankR
"I don't think our nimrod president - who has the ultimate contempt for this nation - is too worried about contempt of court.

BHO Cell, BHO Cell

Looks just like Colonel Lakin's cell.


25 posted on 01/29/2012 6:47:09 PM PST by Godebert (NO PERSON EXCEPT A NATURAL BORN CITIZEN!)
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To: TXnMA
Yes, he most certainly is: Bio on Michael Jablonski. Notice, he only "represents select clients."
26 posted on 01/29/2012 6:56:21 PM PST by nicmarlo
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To: bkopto

Here’s my prediction ... this story starts to get legs, other states question Obama’s eligibility in court, and we (or Israel) drop a huge bomb on Iran’s nuclear facilities. Just like the Clinton years ... when the Lewinski scandal got too hot in the media, the CIC ordered the bombing of Baghdad & Saddam Hussein. A favorite ‘Rat tactic ... divert the attention of the masses.


27 posted on 01/29/2012 7:05:45 PM PST by BluH2o
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To: nobody in particular

Posting for interest sake. These are the Rules by which the attorneys and parties are to comply with this Court:

Excerpt of ADMINISTRATIVE RULES OF PROCEDURE for Georgia Office of Administrative Hearings.

616-1-2-.22 Hearing Procedure. Amended.

(5) Upon application by a party, the Administrative Law Judge shall certify the facts to the
superior court of the county in which a party, agent, or employee of a party:
(a) disobeys or resists any lawful order or process;
(b) neglects to produce, after having been ordered to do so, any pertinent book, paper, or
document;
(c) refuses to appear after having been subpoenaed;
(d) upon appearing, refuses to take the oath or affirmation as a witness;
(e) after taking the oath or affirmation, refuses to testify; or
(f) disobeys any other order issued by an Administrative Law Judge
for a determination of the appropriate action, including a finding of contempt.

616-1-2-.30 Default. Amended.
(1) A default order may be entered against a party that fails to participate in any stage of a
proceeding, a party that fails to file any required pleading, or a party that fails to comply with an
order issued by the Administrative Law Judge. Any default order shall specify the grounds for
the order.
(2) Any default order may provide for a default as to all issues, a default as to specific issues,
or other limitations, including limitations on the presentation of evidence and on the defaulting
party’s continued participation in the proceeding. After issuing a default order, the
Administrative Law Judge shall proceed as necessary to resolve the case without the
participation of the defaulting party, or with such limited participation as the Administrative Law
Judge deems appropriate, and shall determine all issues in the proceeding, including those
affecting the party in default.

[EXCERPT]


28 posted on 01/29/2012 7:16:27 PM PST by nicmarlo
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To: nicmarlo
taken from here:

http://www.osah.ga.gov/judges-dir-detail.aspx?StaffID=mmalihi

Procedural Rules: Administrative rules of Procedure

29 posted on 01/29/2012 7:18:57 PM PST by nicmarlo
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To: House Atreides

We want to hold off popping the champagne corks just yet! I believe that, as we speak (or type!), intense pressure is being brought to bear against Judge Malihi by Eric Holder’s laughable DOJ, the US Attorney’s office, GA’s Congresscritters and anyone else zero can bring to bear including, but not limited to, the FBI. They will threaten the judge, his immediate family, his extended family, his career, his rulings and his law license.

The king will NOT allow a peon to rule on the king’s eligibility. IMO, we are about to witness a real-life version of “Mr. Smith Goes to Atlanta”. In all candor, I will NOT be surprised if the judge either dismisses the case, rules that the plaintives “lackerd the standing” to bring the charge, or rules in Obama’s favor. I think this is why Ja-blowhard was so comfortable writing such an arrogant letter to the judge - he KNEW that the fix was in the works.

So, the surprise will REALLY be if he rules against Obama. We know that the ONLY way that the DBM will cover this story is if the ruling goes Obama’s way!! Otherwise, expect the same defeaning silence that we have heard from them thusfar.


30 posted on 01/29/2012 8:55:53 PM PST by DustyMoment (Congress - Another name for white collar criminals!!)
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To: DustyMoment

You got it! One doesn’t need to believe in some grand conspiracies to know that there are phone calls being made, promises, veiled threats, and that much of history, and this is a historical event, takes place as always behind the scenes. Cardinal Richelieu is very much alive!


31 posted on 01/29/2012 9:00:37 PM PST by Revolting cat! (Let us prey!)
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To: bkopto

A WEBCommentary contributor included the following information at the below linked site:

“I spoke with Attorney Taitz on Saturday 28 January and she indicated that Judge Malihi has expedited his recommendation/ruling and has reset the date of attorney submissions to 1 February.”

http://www.webcommentary.com/php/ShowArticle.php?id=zieves&date=120129

So we can keep that date in mind instead of February 5th.


32 posted on 01/29/2012 9:58:15 PM PST by House Atreides
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To: DustyMoment

You haven’t been following this, have you?

If you had been following it, then you would know that Judge Malihi is an administrative judge who looks at the evidence and makes a determination that goes to Georgia’s Secretary of State and HE makes the decision.

States have the power to run elections as they like, and that means, in Georgia, requiring an individual in any election within the state’s border to prove they are eligible for which office they’re running.

The person the Obama administration would have to pressure is Georgia’s Secretary of State Kemp. And he is really pissed off at Obama.


33 posted on 01/30/2012 1:54:28 AM PST by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT)
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To: SatinDoll; All

When LBJ was facing a similar career ending American patriot, LBJ said “get rid of him.”. That murder was a part of LBJ’s decision to kill JFK. Our system is very corrupt based in part on LBJ and Hoover pulling off the biggest coup in history.

Zero and his corrupt band of traitors will do anything to bury this, and if Obama does not appear on the Ga ballot, race riots and legal havoc far exceeding Fla’s 2000 mess will occur. America’s first Muslim President will smile the whole time as he get’s the opportunity to declare martial law.

What else would you expect a Muslim terrorist playing POTUS to do?


34 posted on 01/30/2012 5:26:57 AM PST by politicianslie (Obama: America's first Muslim POTUS, doing all he can to destroy America. HELLO, can anyone think?)
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To: DustyMoment

Threatening a judge may not be wise for team obama.

Georgia state police would be called in.


35 posted on 01/30/2012 5:28:49 AM PST by PA-RIVER
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To: TXnMA

Obozo above the law?

Was it illegally attacking Libya that convinced you?

Was it dumping guns into Mexico in Fast and Furious?

Was it pushing the obvious UnConstitutional Obamacare?

Was it illegally stopping oil drilling by US. Companies?

How about the EPA?

If you aren’t convinced Obozo is giving the finger to America, what will it take to convince you.


36 posted on 01/30/2012 5:40:03 AM PST by politicianslie (Obama: America's first Muslim POTUS, doing all he can to destroy America. HELLO, can anyone think?)
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To: politicianslie
You are "preaching to the choir"...

I was just pointing out that Americans are being driven to the point that alternative remedies provided for by our founders (for what you listed and much more) may eventually come into consideration...

37 posted on 01/30/2012 6:00:45 AM PST by TXnMA ("Allah": Satan's current alias...)
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To: DustyMoment

Re: zero will appeal and probably go judge shopping to find a sympathetic liberal judge to overturn Judge Malihi’s ruling...”

This is a state issue (federalism).

Next step would be Georgia Court of Appeals, then the Georgia Superior Court, then the Supreme Court.


38 posted on 01/30/2012 6:15:09 AM PST by Beckwith (A "natural born citizen" -- two American citizen parents and born in the USA.)
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To: Beckwith
Next step would be Georgia Court of Appeals, then the Georgia Superior Court, then the Supreme Court.

And that's the way Obama will run out the clock.

39 posted on 01/30/2012 6:19:49 AM PST by Fresh Wind ('People have got to know whether or not their president is a crook.' Richard M. Nixon)
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To: Beckwith
This is a state issue (federalism).

So what? It doesn't mean that zero won't go judge shopping on appeal to get the ruling overturned if that's how things work out. Even on a state level, he has that option.

40 posted on 01/30/2012 10:13:15 AM PST by DustyMoment (Congress - Another name for white collar criminals!!)
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To: PA-RIVER
Threatening a judge may not be wise for team obama.

Well, obviously, the threats won't be overt such as "if you rule the wrong way you could end up dead!". They'll be subtle to the extent that the Judge will get the point.

And, IMO, zero and his team have done this before. Remember Clinton and the IRS audits of folks who crosed him? zero learned at his knee and has followed suit.

41 posted on 01/30/2012 10:18:14 AM PST by DustyMoment (Congress - Another name for white collar criminals!!)
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To: SatinDoll
. . . . Judge Malihi is an administrative judge who looks at the evidence and makes a determination that goes to Georgia’s Secretary of State and HE makes the decision.

It is still considered a legal proceeding. The Judge's ruling may be sent to the GA SOS to make a ruling on whether Obama's name can be placed on the GA ballot, but it still sets a legal precedent that can be used in other court cases.

Administrative law judges are still judges and this is still a legal proceeding, regardless if there is a jury or a courtroom full of gawkers.

The person the Obama administration would have to pressure is Georgia’s Secretary of State Kemp. And he is really pissed off at Obama.

What someone else does with the judge's ruling is not the subject of this discussion. It is still the judge's ruling that will be used by others for whatever purpose they choose. For example, suppose Judge Malihi rules the way we want against Obama and sends that ruling up to the GA SOS. The SOS can consult the magical magnolia growing outside his window and decide to ignore the Judge's ruling and allow zero's name on the ballot. That's one scenario. Likely, at that point, zero's team of thugs would turn their attention on the SOS and HE would now be in their sights.

In another scenario, the judge rules in Obama's favor and the SOS says "no!" and denies Obama's name on the ballot. IOW, what the SOS does with the ruling is still separate from what the judge rules and what the judge rules still remains a matter of law that can be introduced as evodence in other legal proceedings.


Disclaimer - I am NOT a lawyer and don't play one on TV! However, I HAVE been involved in legal proceedings and have read a pretty fair amount about the judicial system and have a pretty good understanding of how it works. But, again, I ain't a lawyer!)

42 posted on 01/30/2012 10:34:24 AM PST by DustyMoment (Congress - Another name for white collar criminals!!)
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To: politicianslie

I began researching Obama’s background in March, 2008. Over the next 10 months my computer was hacked four times. The first time I had the hacker tracked through the system and the trail led to a Senate office building in Washington, D.C.. That building contained Obama’s office. Why was I targeted?

Because I found evidence Obama was born in Kenya.

Butterdezillion and Miss Tickley, two researchers who have shaken the Hawaiian DOH, have both received telephone calls threatening the lives of their young children by name. Their discovery? BHO2’s original BC was filed but never accepted, indicating he wasn’t born in Hawaii. It was sealed and replaced by an adoption BC stating Lolo Soetoro was his father.

BHO2 sent a million $$ to Kenya in 2006, supposedly to help his cousin get elected President of Kenya. What actually happened was that hundreds of Chrisitans and American missionaries were murdered. One of those murdered was the woman who helped Stanley Ann Dunham Obama and her baby boy, Barry, travel back to North America in August, 1961.

I expect people to do what it right and just, to follow the U.S.Constitution. It doesn’t take extraordinary measures to follow the laws. It does take courage to go after what we want - to get our country back.

If we don’t see that the law is followed, then this nation is lost. I will not surrender, so riots it is.

By the way, those you warn will riot do so for some of the stupidest reasons, like football games. Let them live in the ruins they’ve created. As for Obama declaring Martial Law, he cannot enforce it without the Pentagon, and they’re not stupid.


43 posted on 01/30/2012 10:41:31 AM PST by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT)
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