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Craig Andresen

OBAMA ELIGIBILITY COURT CASE…BLOW BY BLOW

By Craig Andresen on January 26, 2012 at 9:25 am

Editor’s Note:

The hearing was before Judge Michael Malihi of the Georgia state Office of State Administrative Hearings. David Farrar, Leah Lax, Thomas Malaren and Laurie Roth, represented by California attorney Orly Taitz, who has handled numerous cases concerning Obama’s eligibility; David Weldon represented by attorney Van R. Irion of Liberty Legal Foundation; and Carl Swensson and Kevin Richard Powell, represented by J. Mark Hatfield. This hearing took place  in the courthouse lacated at: 230 Peachtree Street N.W., Suite 850 Atlanta, Georgia 30303 on January 26th 2012 at 9am EST.

Docket Number: OSAH-SECSTATE-CE

1215136-60-MALIHI

Given the testimony from today’s court case in Georgia, Obama has a lot of explaining to do. His attorney, Jablonski, was a NO SHOW as of course, was Obama.

The following is a nutshell account of the proceedings.

Promptly at 9am  EST, all attorneys involved in the Obama Georgia eligibility case were called to the Judge’s chambers. This was indeed a very interesting beginning to this long awaited and important case.

The case revolved around the Natural Born clause of the Constitution and whether or not Obama qualifies under it to serve. More to the point, if found ineligible, Obama’s name would not appear on the 2012 ballot in Georgia.

With the small courtroom crowded, several in attendance could be seen fanning themselves with pamphlets as they waited for the return of the attorneys and the appearance of the judge.

Obama himself, who had been subpoenaed to appear, of course was nowhere near Georgia. Instead, Obama was on a campaign swing appearing in Las Vegas and in Colorado ignoring the court in Georgia.

Over the last several weeks, Obama’s attorney, Michael Jablonski, had attempted several tactics to keep this case from moving forward. He first tried to have it dismissed, then argued that it was irrelevant to Obama. After that, Jablonski argued that a state could not, under the law, determine who would or would not be on a ballot and later, that Obama was simply too busy with the duties of office to appear.

After all these arguments were dispatched by the Georgia Court, Jablonski, in desperation, wrote to the Georgia Secretary of State attempting to place Obama above the law and declared that the case was not to he heard and neither he nor his client would participate.

Secretary of State, Brian Kemp, fired back a letter hours later telling Jablonski he was free to abandon the case and not participate but that he would do so at his and his clients peril.

Game on.
5 minutes.
10 minutes.
15 minutes with the attorneys in the judge’s chambers.

20 minutes.

It appears Jablonski is not in attendance as the attorneys return, all go to the plaintiff table 24 minutes after meeting in the judge’s chambers.

Has Obama’s attorney made good on his stated threat not to participate? Is he directly ignoring the court’s subpoena? Is he placing Obama above the law? It seems so. Were you or I subpoenaed to appear in court, would we or our attorney be allowed such action or, non action?

Certainly not.

Court is called to order.

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 Indoneasan. Deemed not relevant by the judge.

Orly Taitz calls 2nd witness. Mr. Strunk.

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 1977. Professional opinion given that this number was fraudulent. The number used or attached to Obama in 1977, shows that the true owner of the number 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. Vogt.

Expert in document imaging and scanners for 18 years.

Mr. Vogt 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. Vogt 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 but layered into the document by computer.

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

Ran Obama’s SS number through database and found that the number was issued to Obama in 1977 in the state of Connecticut . Obama never resided in that state. At the time of issue, Obama was living in Hawaii.

Serial number on birth certificate is out of sequence with others issued at that hospital. Also certification is different than others and different than twins born 24 hours ahead of Obama.

Mr. Sampson also states that portion of documents regarding Mr. Soetoro, who adopted Obama have been redacted which is highly unusual with regards to immigration records.

Suggests all records from Social Security, Immigration, Hawaii birth records be made available to see if there are criminal charges to be filed or not. Without them, nothing can be ruled out.

Mr. Sampson indicates if Obama is shown not to be a citizen, he should be arrested and deported and until all records are released nobody can know for sure if he is or is not a U.S. Citizen.

Taitz shows records for Barry Soetoro aka Barack Obama, showing he resides in Hawaii and in Indonesia at the same time.

Taitz takes the stand herself.

Testifies that records indicate Obama records have been altered and he is hiding his identity and citizenship.

Taitz leaves the stand to make her closing arguments.

Taitz states that Obama should be found, because of the evidence presented, ineligible to serve as President.

And with that, the judge closes the hearing.

What can we take away from this?

It’s interesting.

Now, all of this has finally been entered OFFICIALLY into court records.

One huge question is now more than ever before, unanswered.

WHO THE HELL IS THIS GUY?

Without his attorney present, Obama’s identity, his Social Security number, his citizenship status, and his past are all OFFICIALLY in question.

One thing to which there seems no doubt. He does NOT qualify, under the definition of “Natural Born Citizen” provided by SCOTUS opinions, to be eligible to serve as President.

What will the judge decide? That is yet to be known, but it seems nearly impossible to believe, without counter testimony or evidence, because Obama and his attorney chose not to participate, that Obama will be allowed on the Georgia ballot.

It also opens the door for such cases pending or to be brought in other states as well.

Obama is in it deep and the DNC has some…a LOT…of explaining to do unless they start looking for a new candidate for 2012.

CLICK HERE FOR Full Analysis of the Ruling on This Case!!

Defining “Natural Born Citizen”

   
   

NOW SEE HOW THE DEK IS STACKED AGAINST THE CONSTITUTION
   
   

VOL. 18  ISSUE NO. 6   | FEBRUARY 8 – 14, 2012

BY LINDA BENTLEY | FEBRUARY 8, 2012

Georgia concludes Obama eligible for ballot as natural born citizenAccording to Malihi, children born to illegal aliens, tourists and/or terrorists are natural born citizens and eligible to become President

ATLANTA – On Tuesday morning, Georgia Secretary of State Brian Kemp (r) issued a final decision, adopting Administrative Law Judge Michael Malihi’s initial decision contending President Barack Obama meets the eligibility requirements to appear on Presidential Preference Primary ballot.

On Friday, Feb. 3, Malihi issued his decision in three challenges to Barack Obama’s eligibility.

During the Jan. 26 hearing Malihi noted neither Obama nor his Attorney Michael Jablonski appeared or answered and said ordinarily the court would enter a default judgment against a party that fails to participate in any stage of the proceeding.

“Nonetheless, despite defendant’s failure to appear, plaintiffs asked this court to decide the case on the merits of their arguments and evidence,” wrote Malihi, adding, “The court granted plaintiffs’ request.”

Malihi (l) also said, “By deciding this matter on the merits, the court in no way condones the conduct or legal scholarship of defendant’s attorney, Mr. Jablonski,” and stated his decision was based entirely on the law as well as the evidence and legal arguments presented.

His order was in two parts.


The first part addressed plaintiffs David Farrar, Leah Lax, Cody Judy, Thomas Malaren and Laurie Roth, represented by Attorney Orly Taitz.


The second part addressed all the plaintiffs, including those represented by Taitz as well as plaintiff David Welden, represented by Attorney Van Irion, and plaintiffs Carl Swensen and Kevin Powell, represented by Attorney Mark Hatfield.

In Part I, Malihi basically discredited the eight witnesses and said he found their testimony, as well as the exhibits tendered, “to be of little, if any, probative value, and thus wholly insufficient to support plaintiffs’ allegations.”

He stated, “None of the testifying witnesses provided persuasive testimony,” and said none of the written submissions had any probative value.

In conclusion, Malihi stated, “Given the unsatisfactory evidence presented by the plaintiffs, the court concludes that plaintiffs’ claims are not persuasive.”

In Part II, Malihi addressed the claim that Obama is not a natural born citizen of the United States and is, therefore, ineligible to run in Georgia’s presidential primary election.

Malihi said he considered, for the purpose of analysis, the following facts: 1) Obama was born in the United States; 2) Obama’s mother was a citizen of the United States at the time of birth; and 3) Obama’s father was never a U.S. citizen.

It was the plaintiff’s contention, because Obama’s father was not a U.S. citizen at the time of his birth, Obama is constitutionally ineligible for the office of President of the United States. Malihi said, “The court does not agree.”

Citing a 2009 Indiana Court of Appeals case, Arkeny (sic) [Ankeny] v. Governor of Indiana, in which plaintiffs argued “there’s a very clear distinction between ‘citizen of the United States’ and ‘natural born citizen’ and the difference involves having [two] parents of U.S. citizenship, owing no foreign allegiance.”

Pointing out the Indiana court rejected the argument that Obama was ineligible, Malihi stated, “[C]hildren born within the United States are natural born citizens, regardless of the citizenship of their parents,” and said, “This court finds the decision and analysis of Arkeny (sic) [Ankeny] persuasive.”

While plaintiffs argued the term natural born citizen was defined in 1875 in Minor v. Happersett, Malihi said the Indiana court explained that Minor did not define natural born citizen.

He went on to say, “In deciding whether a woman was eligible to vote, the Minor court merely concluded that children born in a country of parents who were its citizens would qualify as natural born, and this court agrees. The Minor court left open the issue of whether a child born within the United States of alien parent(s) is a natural born citizen.”

Citing United States v. Wong Kim Ark, with which the Indiana court agreed, Malihi said the court extensively examined the common law of England in its decision and concluded Wong Kim Ark, who was born in the United States to alien parents, became a citizen of the United States at the time of his birth.

Malihi stated, “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.”

He wrote, “For the purposes of this analysis, this court considered that President Barack Obama was born in the United States. Therefore, as discussed in Arkeny (sic) [Ankeny], he became a citizen at birth and is a natural born citizen,” and concluded, “President Barack Obama is eligible for the presidential primary election under O.C.G.A. § 21-2-5(b).

Using Malihi’s analysis, anyone born in the United States is a natural born citizen.

In other words, according to Malihi, children born within the United States to illegal aliens, tourists and/or terrorists are natural born citizens and are, therefore, eligible to become President of the United States.

Malihi’s conclusion is more analogous to saying: All dogs are mammals and all cats are mammals and therefore, all cats are dogs.

Over the weekend, Taitz filed a petition with Kemp to set aside the recommendation issued by Malihi and find Obama ineligible to appear as a candidate for President of the United States on the Georgia ballot.

Taitz cited a 2000 Georgia case, Haynes v. Wells, which she said establishes the precedent “that a candidate seeking to hold office through an election in the state has the affirmative duty to prove their eligibility.”

Taitz said a 2008 Malihi decision in O’Brien V. Gross, from which she quoted, “The burden of proof is entirely upon respondent to establish affirmatively his eligibility for office,” relied on Haynes.

Since neither Obama nor Jablonski appeared, Taitz asked, “On what basis did Judge Malihi consider Obama to be born in this country? Did he consider him born in this country based on his wild imagination? The only thing Obama provided was an empty chair. Did the empty chair testify under penalty of perjury in front of Judge Malihi … that Obama was born in this country? Did the empty chair provide Malihi with any evidence, with the original birth certificate or a certified copy?”

Taitz went on to state Malihi's reliance on Ankeny “is a  travesty of justice and an embarrassment to the state of Georgia.”

Taitz stated Malihi was required to base his decision on what was in the record and his introduction of an obscure Indiana case was used to advocate for Obama rather than judge the case on the record at hand.

Hatfield sent a letter to Kemp via e-mail prior to Kemp issuing his final decision to point out “several significant flaws in Judge Malihi’s findings and conclusions.”

On behalf of his clients, Hatfield requested that Kemp render a decision that treats Obama no different than any other candidate seeking access to the Georgia ballot that fails and refuses to present evidence of his or her qualifications for holding office and disregards the authority of our judiciary.

Now that Kemp has issued a final decision in the matter, Hatfield stated, “[W]e are going full bore and taking it up on appeal.”

Irion has also indicated his client will be filing an appeal.