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xrayzebra
01-29-2012, 10:26 PM
I may have overlook someone posting this, but I didn't see it. And, well,
I thought it should be given the light of day on the forum.

Obama could easily have lost Georgia eligibility case by “no-show” default

A hearing was held on January 26, 2012, in the Georgia Administrative Court room of Judge Michael Malihi for considering the eligibility of President Obama to appear on the Georgia 2012 Presidential Ballot.

...

It was reported by Bob Unruh of World Net Daily that the judge considered granting a default judgment because President Obama did not appear. However, this was not what those attorneys who brought the case wanted. They wanted a definitive decision based on the facts; and for them to be recorded as part of the court records for any future appeals.

Not appearing may have been a big mistake on Mr. Obama’s part as often times appeal judges do not wish to hear evidence that was not presented in the original hearing.

...

According to this complaint, he was born of one parent who was American and one who was subject to the United Kingdom.

If the Constitution requirement is that a candidate for US President be that of a “natural born” citizen – and the determination is that both parents must be either born in America or be a naturalized citizen and the child born in America – then President Obama would not qualify.

The lead attorneys representing the plaintiff in this case were J. Mark Hatfield and Van R. Irion of Liberty Legal Foundation. They said they were under no edict from the judge to remain silent about the hearing; so they felt it was prudent to let the public know that the Judge had considered ending the hearing by default since the President failed to answer a legal subpoena.

In Georgia, 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.”

The Judge determined that Georgia Law allows any citizen to challenge a candidate’s qualifications to be on the state ballot.

...

Many questions arise if the case is found to be against President Obama; and his name does not appear on the Georgia Ballot. Will it go to higher courts? For sure!

If Obama wins then will that be the end of it? If he loses how will this affect his name on the ballot of all the other states?

...

http://www.examiner.com/news-you-can-use-in-atlanta/obama-could-have-lost-georgia-case-by-no-show-default

Arrogant, egotistical, narcissistic and holds himself above the law.
I present to you our President. But will it be his downfall?



Nothing on the networks that I have seen either.

Wild Cobra Kai
01-29-2012, 11:11 PM
Those aren't the requirements for being a "natural born" citizen. If you're born in this country, and he was, you're eligible to be president. That includes a kid with a Mexican mama who barely crosses the RG, and drops him on the US riverbank. NEITHER of your parents needs to be a US citizen.

Spurminator
01-29-2012, 11:13 PM
Nothing on the networks that I have seen either.

Perhaps you should consider that the primary source of this article is the same website that beat the "Where is Obama's Birth Certificate?" drum for three years.

ElNono
01-29-2012, 11:22 PM
Those aren't the requirements for being a "natural born" citizen. If you're born in this country, and he was, you're eligible to be president. That includes a kid with a Mexican mama who barely crosses the RG, and drops him on the US riverbank. NEITHER of your parents needs to be a US citizen.

Exactly. Arrogant, egotistical, narcissistic ray and his birther friends never read the Constitution.

Here's why this ultimately not going anywhere:
Georgia Birther Hearing Proceeds Without Obama, Without Effect (http://www.huffingtonpost.com/2012/01/27/georgia-birther-hearing-obama_n_1236719.html)

DMX7
01-29-2012, 11:58 PM
LOL @ Obama showing up to that redneck kangaroo court. It would have gotten overturned by a higher court anyway.

ChumpDumper
01-30-2012, 12:05 AM
I never thought xray was this desperate.

DMX7
01-30-2012, 08:33 AM
Nothing on the networks that I have seen either.

That's because it's non-news.

CubanMustGo
01-30-2012, 09:02 AM
xray bringing the extreme right-wing crap so bad it might embarrass even WC. Nothing new here.

George Gervin's Afro
01-30-2012, 10:04 AM
Judging my history of posting here on SpursTalk it is obvious I am not the brightest bulb in the bunch, but wasn't Obama born in the United States?

Why did this case even get to a trial?

xrayzebra
01-30-2012, 10:59 AM
Judging my history of posting here on SpursTalk it is obvious I am not the brightest bulb in the bunch, but wasn't Obama born in the United States?

Why did this case even get to a trial?

Good question. Check out the information below.

Minor v. Happersett () 100 U.S. 1

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0088_0162_ZO.html

And this:

Obama’s birth certificate is entered into evidence.

Obama’s father’s place of birth, Kenya East Africa is entered into evidence.

Pages 214 and 215 from Obama’s book, “Dreams from My Father” entered into evidence. Highlighted. This is where Obama indicates that, in 1966 or 1967 that his father’s history is mentioned. It states that his father’s passport had been revoked and he was unable to leave Kenya.

Immigration Services documents entered into evidence regarding Obama Sr.

June 27th, 1962, is the date on those documents. Obama’s father’s status shown as a non citizen of the United States. Documents were gotten through the Freedom of Information Act.

Testimony regarding the definition of Natural Born Citizen is given citing Minor vs Happersett opinion from a Supreme Court written opinion from 1875. The attorney points out the difference between “citizen” and “Natural Born Citizen” using charts and copies of the Minor vs Happersett opinion.

It is also pointed out that the 14th Amendment does not alter the definition or supersede the meaning of Natural Born. It is pointed out that lower court rulings do not conflict with the Supreme Court opinion nor do they over rule the Supreme Court Minor vs Happersett opinion.

The point is, to be a natural born citizen, one must have 2 parents who, at the time of the birth in question, be citizens of the United States. As Obama’s father was not a citizen, the argument is that Obama, constitutionally, is ineligible to serve as President.

Judge notes that as Obama nor his attorney is present, action will be taken accordingly.

Carl Swinson takes the stand.

Testimony is presented that the SOS has agreed to hear this case, laws applicable, and that the DNC of Georgia will be on the ballot and the challenge to it by Swinson.

2nd witness, a Mr. Powell, takes the stand and presents testimony regarding documents of challenge to Obama’s appearance on the Georgia ballot and his candidacy.

Court records of Obama’s mother and father entered into evidence.

Official certificate of nomination of Obama entered into evidence.

RNC certificate of nomination entered into evidence.

DNC language does NOT include language stating Obama is Qualified while the RNC document DOES. This shows a direct difference trying to establish that the DNC MAY possibly have known that Obama was not qualified.

Jablonski letter to Kemp yesterday entered into evidence showing their desire that these proceedings not take place and that they would not participate.

Dreams From My Father entered.

Mr. Allen from Tuscon AZ sworn in.

Disc received from Immigration and Naturalization Service entered into evidence. This disc contains information regarding the status of Obama’s father received through the Freedom of Information Act.

This information states clearly that Obama’s father was NEVER a U.S. Citizen.

At this point, the judge takes a recess.

The judge returns.

David Farrar takes the stand.

Evidence showing Obama’s book of records listing his nationality as Indonesian. Deemed not relevant by the judge.

Orly Taitz calls 2nd witness. Mr. Strump.

Enters into evidence a portion of letter received from attorney showing a renewal form from Obama’s mother for her passport listing Obama’s last name something other than Obama.

State Licensed PI takes the stand.

She was hired to look into Obama’s background and found a Social Security number for him from 1979. Professional opinion given that this number was fraudulent. The number used or attached to Obama in 1979, shows that Obama was born in the 1890. This shows that the number was originally assigned to someone else who was indeed born in 1890 and should never have been used by Obama.

Same SS number came up with addresses in IL, D.C. and MA.

Next witness takes the stand.

This witness is an expert in information technology and photo shop. He testifies that the birth certificate Obama provided to the public is layered, multiple layered. This, he testifies, indicates that different parts of the certificate have been lifted from more than one original document.

Linda Jordan takes the stand.

Document entered regarding SS number assigned to Obama. SS number is not verified under E Verify. It comes back as suspected fraudulent. This is the system by which the Government verifies ones citizenship.

Next witness.

Mr. Gogt.

Expert in document imaging and scanners for 18 years.

Mr. Gogt testifies that the birth certificate, posted online by Obama, is suspicious. States white lines around all the type face is caused by “unsharp mask” in Photoshop. Testifies that any document showing this, is considered to be a fraud.

States this is a product of layering.

Mr. Gogt testifies that a straight scan of an original document would not show such layering.

Also testifies that the date stamps shown on Obama documents should not be in exact same place on various documents as they are hand stamped. Obama’s documents are all even, straight and exactly the same indicating they were NOT hand stamped by layered into the document by computer.

Next witness, Mr. Sampson a former police officer and former immigration officer specializing in immigration fraud.

......

http://www.independentamericanparty.org/2012/01/obama-eligibility-court-caseblow-by-blow/

Now I understand there are some lawyers on this forum and supposedly
well versed in the Constitution. So how about they give their learned
opinion on an ongoing court case.


It is in court and will be determined by the courts in Georgia. But
I am sure the usual suspects on this forum will blow and go and show
their superior intelligence, or lack thereof, to all who will read this
thread.

Now you all have a great day.

clambake
01-30-2012, 11:24 AM
pull it together, ray.

xrayzebra
01-30-2012, 11:28 AM
Gee Clam, how would we ever have a decent conversation without people like you
contributing. You are so damn brilliant in your observations.

Do you have a book with all those one liners written down. I find it doubtful you
could remember all those word in one sentence without prompting.

Winehole23
01-30-2012, 11:29 AM
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0169_0649_ZS.html

Winehole23
01-30-2012, 11:32 AM
Testimony regarding the definition of Natural Born Citizen is given citing Minor vs Happersett opinion from a Supreme Court written opinion from 1875. The attorney points out the difference between “citizen” and “Natural Born Citizen” using charts and copies of the Minor vs Happersett opinion.

It is also pointed out that the 14th Amendment does not alter the definition or supersede the meaning of Natural Born. It is pointed out that lower court rulings do not conflict with the Supreme Court opinion nor do they over rule the Supreme Court Minor vs Happersett opinion.except, Minor v. Happerset didn't rule on citizenship; the remark about it in the opinion was obiter dictum (http://legal-dictionary.thefreedictionary.com/Obiter+Dictum).

xrayzebra
01-30-2012, 11:38 AM
Winehole23, my understanding is that your cited case would have no bearing on the
opinion that was submitted to the courts in Georgia. There are, the way I read it
and described by the opinion I gave "natural born" citizens and other citizens, not
natural born.

And this opinion has never been superseded by any court. And I don't see where
your citation changes that since the opinion you gave cites the 14th amendment
which did not alter the opinion given in my post.

But I am not making a binding decision, that will be up to the court in Georgia and
on up the line if the judge rules against Obama.

xrayzebra
01-30-2012, 11:40 AM
You and I posted at same time. I posted not knowing you latest post.....

Winehole23
01-30-2012, 11:44 AM
any reaction to that?

Winehole23
01-30-2012, 11:45 AM
Orly Taitz is a serial abuser of process. Following the train of her legal arguments mightn't be advisable.

xrayzebra
01-30-2012, 11:56 AM
any reaction to that?

I went back and read my original post and link. Putting in the context of
your citation about the opinion I cited was obiter dictum. It does shed
a different light, if what you said is true. Not doubting you, but I didn't
"literally" find that written....

I assume and could be wrong, you based your post on the fact that in
the opinion I posted the Judge wrote several times what he wrote really
had no bearing on the case at hand. A woman's right to vote.

My post is about a clear as mud, for that I apologize. But I thought about
trying to re-word my post, but I am not a lawyer, so I will leave it alone
and hope it is understandable.

About you other post about the abuser. It was my understanding she
was only a part of the case, the birther thing. Which I have no idea
if his birth certificate is a true copy of not. But IMO nothing is above
these cats and their shenanigans. Any President who has circumvented
our laws and Constitution like him and his administration, I feel they are
capable of anything.

clambake
01-30-2012, 11:59 AM
uh oh

Winehole23
01-30-2012, 12:00 PM
treating obiter dictum as a holding is an example of Taitz's legal incompetence. That the obiter dictum related to birth citizenship in Minor v Happerset has never been overruled is of no consequence. Courts don't overrule btws.

Winehole23
01-30-2012, 12:03 PM
I assume and could be wrong, you based your post on the fact that in
the opinion I posted the Judge wrote several times what he wrote really
had no bearing on the case at hand. A woman's right to vote.That is correct. Minor v Happerset turned on privileges and immunities, not citizenship.

Winehole23
01-30-2012, 12:06 PM
Any President who has circumvented
our laws and Constitution like him and his administration, I feel they are
capable of anything.in this respect Obama strongly resembles his predecessor.

xrayzebra
01-30-2012, 12:06 PM
treating obiter dictum as a holding is an example of Taitz's legal incompetence. That the obiter dictum related to birth citizenship in Minor v Happerset has never been overruled is of no consequence. Courts don't overrule btws.

They don't. They why appeal a "ruling" to a higher court? Then can
we say "judges" overrule? (I'll bet the ninth in California would argue with
you about "overruled( :lol ))

Winehole23
01-30-2012, 12:07 PM
Obiter dictum[Latin, By the way.] Words of an opinion entirely unnecessary for the decision of the case. A remark made or opinion expressed by a judge in a decision upon a cause, "by the way", that is, incidentally or collaterally, and not directly upon the question before the court or upon a point not necessarily involved in the determination of the cause, or introduced by way of illustration, or analogy or argument. Such are not binding as precedent.

xrayzebra
01-30-2012, 12:08 PM
in this respect Obama strongly resembles his predecessor.




Examples please.

xrayzebra
01-30-2012, 12:10 PM
check the definition of obiter dictum. it's the curial equivalent of BTW.


I did, from your post......but judging from your post, and mine, I would
guess that it is only your opinion that the opinion was obiter dictum.

Winehole23
01-30-2012, 12:11 PM
Examples please.the whole chain of privacy and due process abrogations in the wake of 9/11 started with GWB and continue with Obama.

Winehole23
01-30-2012, 12:12 PM
I did, from your post......but judging from your post, and mine, I would
guess that it is only your opinion that the opinion was obiter dictum.shooting in the dark. let me know what you find out when you read it for yourself.

if you can, please show us where citizenship was ruled on in Minor.

xrayzebra
01-30-2012, 12:14 PM
But Winehole23, they were sanctioned by the Congress and Courts. He didn't just
on his own, institute those policies. But we are getting into a whole different
subject.

It is going to be interesting to see what transpires in Georgia and other states if
this goes against Obama.

Winehole23
01-30-2012, 12:16 PM
But Winehole23, they were sanctioned by the Congress and Courts.partial credit. the courts actually reined Bush in in the Hamdi, Hamdan and Boumedienne decisions

Winehole23
01-30-2012, 12:18 PM
It is going to be interesting to see what transpires in Georgia and other states if
this goes against Obama.no drama there. it will be batted down on appeal.

Wild Cobra
01-30-2012, 12:25 PM
I may have overlook someone posting this, but I didn't see it. And, well,
I thought it should be given the light of day on the forum.

Obama could easily have lost Georgia eligibility case by “no-show” default

A hearing was held on January 26, 2012, in the Georgia Administrative Court room of Judge Michael Malihi for considering the eligibility of President Obama to appear on the Georgia 2012 Presidential Ballot.

...

It was reported by Bob Unruh of World Net Daily that the judge considered granting a default judgment because President Obama did not appear. However, this was not what those attorneys who brought the case wanted. They wanted a definitive decision based on the facts; and for them to be recorded as part of the court records for any future appeals.

Not appearing may have been a big mistake on Mr. Obama’s part as often times appeal judges do not wish to hear evidence that was not presented in the original hearing.

...

According to this complaint, he was born of one parent who was American and one who was subject to the United Kingdom.

If the Constitution requirement is that a candidate for US President be that of a “natural born” citizen – and the determination is that both parents must be either born in America or be a naturalized citizen and the child born in America – then President Obama would not qualify.

The lead attorneys representing the plaintiff in this case were J. Mark Hatfield and Van R. Irion of Liberty Legal Foundation. They said they were under no edict from the judge to remain silent about the hearing; so they felt it was prudent to let the public know that the Judge had considered ending the hearing by default since the President failed to answer a legal subpoena.

In Georgia, 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.”

The Judge determined that Georgia Law allows any citizen to challenge a candidate’s qualifications to be on the state ballot.

...

Many questions arise if the case is found to be against President Obama; and his name does not appear on the Georgia Ballot. Will it go to higher courts? For sure!

If Obama wins then will that be the end of it? If he loses how will this affect his name on the ballot of all the other states?

...

http://www.examiner.com/news-you-can-use-in-atlanta/obama-could-have-lost-georgia-case-by-no-show-default

Arrogant, egotistical, narcissistic and holds himself above the law.
I present to you our President. But will it be his downfall?



Nothing on the networks that I have seen either.
That would be karma type justice if he wasn't allowed on the Georgia ballot. I say that because of the legal trickery he used in the past to eliminate competition he had in Illinois.

Wild Cobra
01-30-2012, 12:27 PM
Those aren't the requirements for being a "natural born" citizen. If you're born in this country, and he was, you're eligible to be president. That includes a kid with a Mexican mama who barely crosses the RG, and drops him on the US riverbank. NEITHER of your parents needs to be a US citizen.
That doesn't matter. If you are a no-show for court, you lose!

Wild Cobra
01-30-2012, 12:28 PM
xray bringing the extreme right-wing crap so bad it might embarrass even WC. Nothing new here.
Are you kidding. I find it ironic. See my first post in this thread.

Winehole23
01-30-2012, 12:29 PM
what legal trickery? challenging qualifications? :lol

JoeChalupa
01-30-2012, 12:48 PM
:sleep

baseline bum
01-30-2012, 01:37 PM
http://img829.imageshack.us/img829/7392/judgeh.png

Judge Malihi as he issues a default judgement against President Barack Obama.

FuzzyLumpkins
01-30-2012, 04:01 PM
Not this shit again. Is the RNC really that unimaginative? Are all of their constituents really that stupid? Fillibusters, impeachments and birthersim is your modern GOP!

People don't like losers especially when you lose like this.

xrayzebra
01-30-2012, 05:56 PM
Well peach fuzz, FuzzyLumpkins, you remind me of why I got off this
forum to begin with. So far winhole23 and a couple of others have
shown any inclination to hold a sensible conversation.

This is an actual court case, it may or may not go too far, winhole thinks,
obviously it want. I on the other hand am not sure. If the judge in the
case rules against Obama and other states follow suit, Obama may have
no choice but appear and defend himself.

Anyhow, sorry I interrupted the one liners with something of substance,
that most have no interest in.

JoeChalupa
01-30-2012, 06:00 PM
Not this shit again. Is the RNC really that unimaginative? Are all of their constituents really that stupid? Fillibusters, impeachments and birthersim is your modern GOP!

People don't like losers especially when you lose like this.

I concur.

FuzzyLumpkins
01-30-2012, 07:39 PM
That doesn't matter. If you are a no-show for court, you lose!

Not remotely and there are rules for in absentia decisions which I think its safe to say that wikipedia is your best chance of ever understanding so google away, dimwit.

FuzzyLumpkins
01-30-2012, 07:42 PM
Well peach fuzz, FuzzyLumpkins, you remind me of why I got off this
forum to begin with. So far winhole23 and a couple of others have
shown any inclination to hold a sensible conversation.

This is an actual court case, it may or may not go too far, winhole thinks,
obviously it want. I on the other hand am not sure. If the judge in the
case rules against Obama and other states follow suit, Obama may have
no choice but appear and defend himself.

Anyhow, sorry I interrupted the one liners with something of substance,
that most have no interest in.

Then go away I could give a fuck. If you are going to give credence to this birther shit after his Hawaii birth certificate has been made public then you deserve nothing but scorn.

Winehole23
01-30-2012, 08:15 PM
It's like some people want to believe that Obama is not even American or something. And even that Obama was never the president. Not validly, anyway.

Stressing this meme exactly four years after Obama was elected president and stands for reelection can hardly be any accident but in fairness, the birtherish clamor has been more or less continual.

Demanding validating documentation after the election strikes me as fundamentally odd since in any case, election validates the candidate.

Wild Cobra
01-30-2012, 09:15 PM
Well peach fuzz, FuzzyLumpkins, you remind me of why I got off this
forum to begin with. So far winhole23 and a couple of others have
shown any inclination to hold a sensible conversation.

This is an actual court case, it may or may not go too far, winhole thinks,
obviously it want. I on the other hand am not sure. If the judge in the
case rules against Obama and other states follow suit, Obama may have
no choice but appear and defend himself.

Anyhow, sorry I interrupted the one liners with something of substance,
that most have no interest in.
LOL...

Peach Fuzz...

Why didn't I think of that?

TheProfessor
01-30-2012, 09:36 PM
An administrative law judge refusing to quash a subpoena to the President of the United States :lol

Seriously, they don't even need law degrees. Comical to see people try and defend this absurdity. The Secretary of State in Georgia would never keep a sitting President of the United States off the ballot because some ALJ said so.

Wild Cobra
01-30-2012, 10:03 PM
Not remotely and there are rules for in absentia decisions which I think its safe to say that wikipedia is your best chance of ever understanding so google away, dimwit.
Not all judges go for that.

Winehole23
01-30-2012, 10:10 PM
An administrative law judge refusing to quash a subpoena to the President of the United States :lol.-zing!-

FuzzyLumpkins
01-30-2012, 11:24 PM
LOL...

Peach Fuzz...

Why didn't I think of that?

Because you are dumb is the obvious reason.

FuzzyLumpkins
01-30-2012, 11:26 PM
Not all judges go for that.

WTF are you even talking about? You said something obviously in ignorance and now try and speak for a profession which you do not have the first fucking clue about. You have neither dignity nor intelligence.

Just stop.

ElNono
01-30-2012, 11:26 PM
Judging my history of posting here on SpursTalk it is obvious I am not the brightest bulb in the bunch, but wasn't Obama born in the United States?

Why did this case even get to a trial?

It's not a trial, it's a hearing. The Judge has no say on the outcome. He can only suggest a course of action but the decision is made elsewhere (nowhere in this case)

ElNono
01-30-2012, 11:30 PM
This is an actual court case

It's not. It's a hearing. The Judge can't rule on Obama's eligibility.