Constitutional Emergency

Georgia Obama Ballot Challenge - It's Up To The Court - The Facts Were Presented

CERTIFICATE

Georgia court told Obama slam-dunk disqualified

Sworn testimony reveals fake Social Security number, other gaps

Published: 26 mins ago
Georgia residents today delivered sworn testimony to a court that Barack Obama is slam-dunk disqualified from having his name on the 2012 presidential ballot in the state because his father never was a U.S. citizen, so he forever is prevented from qualifying as a “natural born citizen” as the U.S. Constitution demands for a president.

The historic hearing was the first time that a court has accepted arguments on the merits of the controversy over Obama’s status. His critics say he never met the constitutional requirements to occupy the Oval Office, and the states and Congress failed in their obligations to make sure only a qualified president is inaugurated, while his supporters say he won the 2008 election and therefore was “vetted” by America.

Discover what the Constitution’s reference to “natural born citizen...

The hearing was before Judge Michael Malihi of the Georgia state Office of State Administrative Hearings. In Georgia, a state law requires “every candidate for federal” office who is certified by the state executive committees of a political party or who files a notice of candidacy “shall meet the constitutional and statutory qualifications for holding the office being sought.”

State law also grants the secretary of state and any “elector who is eligible to vote for a candidate” in the state the authority to raise a challenge to a candidate’s qualifications, the judge determined.

Citizens bringing the complaints include David Farrar, Leah Lax, Thomas Malaren and Laurie Roth, represented by Taitz; David Weldon represented by attorney Van R. Irion of Liberty Legal Foundation; and Carl Swensson and Kevin Richard Powell, represented by J. Mark Hatfield. Cody Judy is raising a challenge because he also wants to be on the...

Several of the attorneys introduced passages from Obama’s own writings that Barack Obama Sr. was his father, and then introduced evidence that the man never was a U.S. citizen; that he was a citizen of Kenya at the time of junior’s birth and was therefore a subject of the United Kingdom.

That, they said, precludes him from serving as president, since the Founders required that officer to be a “natural born citizen,” unlike a “citizen.”

The term is not defined in the Constitution, but evidence introduced included a passage from an 1975 Supreme Court opinion that states, “The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners.”

During Welden’s presentation, the attorney also explained that the 14th Amendment granting citizenship did not redefine Article 2, Section 1 of the U.S. Constitution, which includes the requirement for a president to be a “natural born citizen.”

He argued also that another later court case referenced citizenship in the dicta, not the central holding in the case, and thus was not controlling.

Many of Irion’s arguments were echoed by Hatfield, a strategy that at least one constitutional expert, Herb Titus, said was sound.

Titus taught constitutional law, common law, and other subjects for nearly 30 years at five different American Bar Association approved law schools. From 1986 to 1993, he served as the founding dean of the College of Law and Government in Regent University, Virginia Beach, Va. Prior to his academic career, he served as a trial attorney and a special assistant United States attorney with the United States Department of Justice in Washington, D.C. and Kansas City, Mo.

He told WND the fact that Obama’s father was a Kenyan citizen should be sufficient.

“That is much stronger than the question of where he was born,” he said. “That alone is evidence. … They don’t need anything additional.”

Taitz argued multiple prongs of the situation; that the birth certificate released by the White House is a forgery, that he probably has had several citizenships, such as when he was listed in Indonesia as an Indonesian citizen, and how he’s been known under the names Obama, Soetoro, and Seobarkah.

She also had a witness testify that it appears Obama is using a fraudulent Social Security number.

Private investigator Susan Daniels testified to that issue, and documents and imaging expert Doug Vogt said the birth documentation released by the White House actually was a creation of a software program and not a scan of any original document.

That would leave Obama’s documentation, despite what the White House released in April, still under wraps.

Obama and his attorney boycotted the proceedings, issuing a letter to Georgia Secretary of State Brian Kemp that the judge was letting attorneys “run amok.” This comment came after Malihi refused to quash a subpoena for Obama’s testimony and his records, which effectively was ignored by the White House.

The judge is expected to review the evidence and make a recommendation to the state whether there is reason to be concerned over Obama’s name on the 2012 ballot.

He apparently will have no defense evidence, but Kemp had warned Obama about that.

Kemp, said late last night in a response to a demand from Obama’s attorney he simply order the hearing stopped, “Anything you and your client place in the record in response to the challenge will be beneficial to my review of the initial decision; however, if you and your client choose to suspend your participation in the OSAH proceedings, please understand that you do so at your own peril.”

WND reported earlier on the stunning decision from Malihi, who refused to quash the subpoena even after Obama outlined his defense strategy for such state-level challenges, which have erupted in half a dozen or more states already.

“Presidential electors and Congress, not the state of Georgia, hold the constitutional responsibility for determining the qualifications of presidential candidates,” Obama’s lawyer argued. “The election of President Obama by the presidential electors, confirmed by Congress, makes the documents and testimony sought by plaintiff irrelevant.”

But the judge thought otherwise.

“Defendant argues that ‘if enforced, [the subpoena] requires him to interrupt duties as president of the United States’ to attend a hearing in Atlanta, Georgia. However, defendant fails to provide any legal authority to support his motion to quash the subpoena to attend,” he wrote in his order.

“Defendant’s motion suggests that no president should be compelled to attend a court hearing. This may be correct. But defendant has failed to enlighten the court with any legal authority,” the judge continued.

“Specifically, defendant has failed to cite to any legal authority evidencing why his attendance is ‘unreasonable or oppressive, or that the testimony … [is] irrelevant, immaterial, or cumulative and unnecessary to a party’s preparation or presentation at the hearing, or that basic fairness dictates that the subpoena should not be enforced,’” the judge said.

Jablonski also had argued that the state should mind its own business.

“The sovereignty of the state of Georgia does not extend beyond the limits of the State. … Since the sovereignty of the state does not extend beyond its territorial limits, an administrative subpoena has no effect,” the filing argued.

The image released by the White House in April:


Obama long-form birth certificate released April 27 by the White House

Titus’ says, “‘Natural born citizen’ in relation to the office of president, and whether someone is eligible, was in the Constitution from the very beginning. Another way of putting it; there is a law of the nature of citizenship. If you are a natural born citizen, you are a citizen according to the law of nature, not according to any positive statement in a Constitution or in a statute, but because of the very nature of your birth and the very nature of nations.”

If you “go back and look at what the law of nature would be or would require … that’s precisely what a natural born citizen is …. is one who is born to a father and mother each of whom is a citizen of the U.S. or whatever other country,” he said.

“Now what we’ve learned from the Hawaii birth certificate is that Mr. Obama’s father was not a citizen of the United States. His mother was, but he doesn’t qualify as a natural born citizen for the office of president.”

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From Sam Sewell

Thursday, January 26, 2012

Latest Update from Obama ballot challenge

I just got off the phone with Dean Haskins who was in the courtroom this morning assisting with the Art 2Pac live stream. Judge Malihi talked to the attorneys in chambers before the hearing this morning and told them that he was going to enter a DEFAULT JUDGMENT against Obama and recommend that Obama's name not be on the Georgia ballot! Alll the attorneys expressed a desire to put an abbreviated streamlined case on the record and the judge agreed. How does the mainstream media spin this? The Georgia SOS has already indicated that he will follow the judge's recommendation. Obama will not  get any popular vote or electors from the great state of Georgia! Congratulations to all freedom-loving American
 

I hope this is true...

Thank you Harry, This is a very important hearing and decission by the State of Georgia and this judge, even though I know the final decision has not been presented yet.
I tried to tune in to the hearings on the web site and did manage to get the video portion on line but the audio portion was very poor and difficult to follow. I hope and prey the Georgia SOS holds to his intention to follow Judge Malihis decision. I would also like to see the SOS hold Mr. Obama in contempt of court but I doubt anything would ever come of that. The implications to this will have far reaching reactions and effects for many many years.
Our first step in restoring the Constitution, let it not be the last.

As you say Ronald, we haven't heard the last of this.  I'm also praying other States will pick up the flag and charge with it......

I don't know what impact this default judgement is going to have, Harry, but when I was working in the insurance business if anyone let a case go into default because of not filing a proper answer, they were in a world of hurt.  Of course, that was in the "people's court", not the "imperial court". 

Clarence 

From Carl Swensson, one of the Georgia plaintiffs:

 

Harry,

 

The Judge pulled the lawyers for the three cases into chambers before it all began and advised them that he would be issuing a default judgment in our favor and wanted to end it there. We argued that all the evidence needed to be entered in to record so the Judge allowed for a speedy hearing where all evidence was entered into the court record. What that means is this… Any appeal, if one is even possible, would be based on the evidence provided by the lawyers in each case. Both Van Irion and My lawyer, Mark Hatfield made certain that our cases and evidence in those two cases would be closed so as not to be affiliated, in any way, with “Birther” Orly Taitz.  

Now we’re merely awaiting the publishing of this Judge’s ruling which, as previously stated, will be a Default Judgment.

In other words…I won. Now it’s time for the rest of the States to take my lead and duplicate this effort.

 

 Carl

God, please let this be true! God bless this judge and the great State of GA!!!

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