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Dead Constitution
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Title: Judge Malihi Decides Against Plaintiffs of Obama’s Georgia Eligibility
Source: Canada Free Press
URL Source: http://www.canadafreepress.com/index.php/article/44399
Published: Feb 3, 2012
Author: David Welden
Post Date: 2012-02-03 23:00:02 by Southern Style
Keywords: None
Views: 210
Comments: 7

DECISION
Plaintiffs allege that Defendant President Barack Obama does not meet Georgia’s eligibility requirements for candidacy in Georgia’s 2012 presidential primary election. Georgia law mandates that candidates meet constitutional and statutory requirements for the office that they seek. O.C.G.A. § 21-2-5(a). Mr. Obama is a candidate for federal office who has been certified by the state executive committee of a political party, and therefore must, under Georgia Code Section 21-2-5, meet the constitutional and statutory qualifications for holding the Office of the President of the United States. Id. The United States Constitution requires that a President be a “natural born [c]itizen.” U.S. Const. art. II, § 1, cl. 5.

As required by Georgia Law, Secretary of State Brian Kemp referred Plaintiffs’ challenges to this Court for a hearing. O.C.G.A. § 21-2-5(b). A hearing was held on January 26, 2012. The record closed on February 1, 2012. Plaintiffs Farrar, Lax, Judy, Malaren, and Roth and their counsel Orly Taitz, Plaintiffs Carl Swensson and Kevin Richard Powell and their counsel J. Mark Hatfield, and Plaintiff David P. Welden and his counsel Van R. Trion, all appeared and answered the call of the case. However, neither Defendant nor his counsel, Michael Jablonski, appeared or answered. Ordinarily, the Court would enter a default order against a party that fails to participate in any stage of a proceeding. Ga. Comp. R. & Regs. 616-1-2-.30(1) and (5). 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 Plaintiffs’ request.

By deciding this matter on the merits, the Court in no way condones the conductor legal scholarship of Defendant’s attorney, Mr. Jablonski. This Decision is entirely based on the law, as well as the evidence and legal arguments presented at the hearing.

Evidentiary Arguments of Plaintiffs Farrar, et al.

Plaintiffs Farrar, Lax, Judy, Malaren, and Roth contend that President Barack Obama is not a natural born citizen. To support this contention, Plaintiffs assert that Mr. Obama maintains a fraudulently obtained social security number, a Hawaiian birth certificate that is a computer-generated forgery, and that he does not otherwise possess valid U.S. identification papers. Further, Plaintiffs submit that Mr. Obama has previously held Indonesian citizenship, and he did not use his legal name on his notice of candidacy, which is either Barry Soetoro or Barack Obama Soebarkah. (Pl.s’ Am. Compl. 3.)

At the hearing, Plaintiffs presented the testimony of eight witnesses 2 and seven exhibits in support of their position. (Exs. P-1 through P-7.) When considering the testimony and exhibits, this Court applies the same rules of evidence that apply to civil nonjury cases in superior court. Ga. Comp. R. & Regs. 616-1-2-.18(1)—(9). The weight to be given to any evidence shall be determined by the Court based upon its reliability and probative value. Ga. Comp. R. & Regs. 616-1-2-.18(10).

The Court finds the testimony of the witnesses, as well as the exhibits tendered, to be of little, if any, probative value, and thus wholly insufficient to support Plaintiffs’ allegations. 3 Ms. Taitz attempted to solicit expert testimony from several of the witnesses without qualifying or tendering the witnesses as experts. See Stephens v. State, 219 Ga. App. 881 (1996) (the unqualified testimony of the witness was not competent evidence). For example, two of Plaintiffs’ witnesses testified that Mr. Obama’s birth

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Begin Trace Mode for Comment # 6.

#6. To: Southern Style (#0)

Perhaps, the Judge(s) wanted it moved to superior court for a de nuvo trial. If BHO can be made to defend himself BHO may lose much more than a place on the 2012 ballot.

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O.C.G.A. § 5-3-7 (2011) § 5-3-7. Appeal suspends judgment; effect of dismissal or withdrawal of appeal An appeal shall suspend but not vacate a judgment and, if dismissed or withdrawn, the rights of all the parties shall be the same as if no appeal had been entered.

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O.C.G.A. § 5-3-20 (2011) § 5-3-20. Time for filing appeals (a) Appeals to the superior court shall be filed within 30 days of the date the judgment, order, or decision complained of was entered. (b) The date of entry of an order, judgment, or other decision shall be the date upon which it was filed in the court, agency, or other tribunal rendering same, duly signed by the judge or other official thereof. (c) This Code section shall apply to all appeals to the superior court, any other law to the contrary notwithstanding

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O.C.G.A. § 5-3-21 (2011) § 5-3-21. Notice of appeal; form; service (a) An appeal to the superior court may be taken by filing a notice of appeal with the court, agency, or other tribunal appealed from. No particular form shall be necessary for the notice of appeal, but the following is suggested: (NAME OF INFERIOR JUDICATORY) STATE OF GEORGIA ) ) v. ) (Case number ) designation) ) APPEAL TO SUPERIOR COURT Notice is hereby given that , appellant herein, and , above- named, hereby appeals to the Superior (plaintiff, defendant, etc.) Court of County from the judgment (or order, decision, etc.) entered herein on (date) , . Dated: . Attorney For Appellant ------------------------------------------------ ------------

O.C.G.A. § 5-3-22 (2011) § 5-3-22. Payment of costs prerequisite to appeal; affidavit of indigence; dismissal for nonpayment following court order; supersedeas bond (a) No appeal shall be heard in the superior or state court until any costs which have accrued in the court, agency, or tribunal below have been paid unless the appellant files with the superior or state court or with the court, agency, or tribunal appealed from an affidavit stating that because of indigence he or she is unable to pay the costs on appeal. In all cases, no appeal shall be dismissed in the superior or state court because of nonpayment of the costs below until the appellant has been directed by the court to do so and has failed to comply with the court's direction. (b) Filing of the notice of appeal and payment of costs or filing of an affidavit as provided in subsection (a) of this Code section shall act as supersedeas, and it shall not be necessary that a supersedeas bond be filed; provided, however, that the superior or state court upon motion may at any time require that supersedeas bond with good security be given in such amount as the court may deem necessary unless the appellant files with the court an affidavit stating that because of indigence he or she is unable to give bond.

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O.C.G.A. § 5-3-29 (2011) § 5-3-29. De novo investigation An appeal to the superior court in any case where not otherwise provided by law is a de novo investigation. It brings up the whole record from the court below; and all competent evidence shall be admissible on the trial thereof, whether adduced on a former trial or not. Either party is entitled to be heard on the whole merits of the case. ---------------------------------------------------------

Constitutional.Reset  posted on  2012-02-04   20:28:47 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 6.

#7. To: Constitutional.Reset (#6)

Perhaps, the Judge(s) wanted it moved to superior court for a de nuvo trial. If BHO can be made to defend himself BHO may lose much more than a place on the 2012 ballot.

interesting supposition!

christine  posted on  2012-02-04 20:35:05 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 6.

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