Saturday, February 4, 2012
Rejects plaintiffs demand to strike name from 2012 election
An administrative law judge in Georgia today ruled that Barack Obama’s name can be on the state’s 2012 presidential election ballot because he was born in Hawaii, is “native born” and thus also is “natural born” as required by the Constitution.
He cited a little-known determination by an Indiana judge.
“The 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,” wrote Michael Malihi, an administrative law judge in Atlanta.
“For the purposes of this analysis, this court considered that President Barack Obama was born in the United States. Therefore, as discussed in Arkeny, he became a citizen at birth and is a natural born citizen.”
Malihi’s decision came without any evidence being presented by Obama or his lawyer after they refused to participate in the required hearing under a state law that mandates all candidates qualify for the office they seek.
The law also allows any voter to raise a challenge, and several did. A hearing was held on their evidence on Jan. 26.
Malihi essentially tossed all of the information the plaintiffs and their attorneys presented.
“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,” he said.
He was miffed at Obama but decided the case on the merits, as requested by the plaintiffs.
“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. … Nonetheless, despite the defendant’s failure to appear, plaintiffs asked this court to decide the case on the merits of their arguments and evidence. … By deciding this matter on the merits, the court in no way condones the conduct or legal scholarship of defendant’s attorney, Mr. Jablonski,” he said.
The judge ignored plaintiffs’ urging that a request for a contempt citation be issued against Obama for refusing to appear as subpoenaed.
The decision can be reviewed by Secretary of State Brian Kemp, who earlier warned Obama and his attorney that to snub the Georgia court system would be at Obama’s “peril.”
Mark Hatfield, one of the attorneys who, along with Van Irion, focused on the issue of the definition of “natural born citizen,” said the judge ignored the issue of burden of proof.
“If Obama has the burden of proof, and failed to show up, clearly he didn’t carry the burden,” he told WND. “The judge here completely ignores that.”
He also noted it was highly unusual for a judge to reach into another state’s repository of court rulings to support his decision when the U.S. Supreme Court itself has made a determination.
He said he’s hoping the Georgia secretary of state will evaluate the issue carefully, but he’s prepared to take the dispute to the appeals level.
Another attorney, Orly Taitz, represented several plaintiffs and brought in allegations of fake Social Security numbers and alternative names.
She said Malihi “makes absolutely no sense.”
Under Georgia law, she said, it is up to a candidate to prove his eligibility.
“[Obama] proved nothing. He didn’t show up. He didn’t provide evidence,” she said...[Full Article]
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