Posted on 02/04/2012 5:43:26 AM PST by broken_arrow1
President Obama's name should appear on Georgia's 2012 presidential ballot, in the official opinion of Judge Michael Malihi of Georgia's Office of State Administrative Hearings (OSAH), issued on February 3. Judge Malihi's decision is the result of hearings held January 26 on three separate actions brought by several Georgia residents. Under Georgia law, Secretary of State Brian Kemp had referred the challenges, filed last November, to the OSAH for a recommendation.
Ordinarily, the Court would enter a default order against the party that fails to participate in any stage of a proceeding...Nonetheless, despite the Defendant's failure to appear, Plaintiffs asked this Court to decide the case on the merits of their arguments and evidence. The Court granted Plaintiff's request.
Two of the challenges, represented by attorney Van Irion of the Liberty Legal Foundation and Georgia Rep. J. Mark Hatfield, did not focus on Obama's place of birth or the infamous birth certificate. Rather, Irion and Hatfield contended that Obama, with his non-US citizen father, is not a "natural born" citizen according to the rule of statutory construction in the interpretation of the Constitution and existing Supreme Court precedent. (Further explanation of those assertions is contained in a comprehensive amicus brief submitted to the court, prepared by attorney Leo Donofrio.)
In his sweeping denial of the Plaintiff's challenges, however, Judge Malihi did not mention the principle, and instead relied on the 2009 case of Ankeny v Governor, stating that "[t]he Indiana Court determined that a person qualifies as a natural born citizen if he was born in the United States because he became a United States citizen at birth."
(Excerpt) Read more at americanthinker.com ...
They are transforming America, thank god we have Romney.............I’m sptiing up right now
The judge wimped out. He has ruled in such a manner as to punt the ball to the Georgia Superior Court and then the SCOTUS. Hatfield certainly will be filing an appeal and I would expect Irion to do the same.
One knew this was going to happen. Bowbama’s Chicago people surely intervened. Just when I thought there is justice in jurisprudence, I/we get kicked in the nads as the Constitution dies!
So if your choice was Rubio or Obama, would you not vote?
So this means an anchor baby could be President.
“So would have been Anwar al-Awlaki.” That’s the terrorist that was a US citizen that Obama had assassinated.
The fix was in long before the trial ever came up.
Obama knew it and his lawyer knew it. Neither even bothered to show up in court.
At the very least they were guilty of contempt of court, but you won’t be seing that charge come up.
This was all a farce by the Judge who got his name in the papers.
What is more remarkable is that a photoshop document is considered evidence of Hawaii birth. Obama committed fraud on the court and yet wins the case. This is ground breaking.
I doubt that. Anybody who believed, even for a second, that any judge in any courtroom in this country was going to embrace any of this this birther nonsense is an idiot.
If he had a snowball's chance, he might have been investigated more closely. :-)
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It just gets me they try to pin all this on the Wong Kim Ark case.
Not only did Wong Kim petition the court as a NATIVE [not natural born] citizen, the judge said this in his decision:
The right of citizenship never descends in the legal sense, either by the common law or under the common naturalization acts. It is incident to birth in the country, or it is given personally by statute. The child of an alien, if born in the country, is as much a citizen as the natural born child of a citizen, and by operation of the same principle.
If there were no difference, the judge would have stated no distinction.
It's like saying a car is just as much a vehicle as a truck. A true statement in itself, but it doesn't make a car INTO a truck!
I guess I just don't understand why do many folks have trouble comprehending this.
[Not that YOU do, of course....but thanks for the opportunity to rant. LOL!]
Article II, Section 1, Clause 5.
Neither should be on the ballot.
Not the news we we looking for; we better hope for change!
Reminds me of the Clinton/Whitewater/Lewinsky days. Big build ups to supposedly catastrophic events that would wash Clinton from the Whitehouse.
Never happened and the Dems went away laughing.
Did you watch the hearing?
Because the majority of the hearing had nothing to do with nut job Orly Taitz...they should have never allowed in there.
She gave the judge the perfect out and route of deflection.
I watched the entire hearing and the evidence presented in the beginning was excellent.
However for the life of me I don’t understand why they didn’t take the summary judgment. They had it won and they blew it...what a bunch of fools!!!
[sigh}
Unfortunately, it only seems to be important to those of us who care.
Send our regards to Prince Prospero!
I suspect between rural and urban areas. Friend of mine said his relationships with friends of different races have really soured. And those friendships were long standing.
Prince Prospero?
Sorry, never heard of him.
Please explain.
Ark has nothing to do with it.
Only somebody grasping at straws would even bring it up.
Now what grounds for an appeal could there possibly be?
Everybody knows the Founding Fathers intended for a single Indiana Judge to have the final say in the matters of the constitution and lord over all the other states.
The judge decided the case based on current law, because that is what the judge has to do.
Like it or not, believe in the natural born citizen interpretation at the time of the Founders or not, the ruling piece of paper is going to be current law.
The work that has be done for the future is changing that law to reflect original intent, and that hasn’t been done, and it won’t be done with this Congress (or the next).
Imho, there’s no way that Jindal qualifies. Also, imho, Rubio does if one uses the citizenship law of 1792 for his father.
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