Barack Obama's Private Attorney Files Motion to Dismiss in, Farrar v. Obama, Georgia Ballot Access Challenge
Obama's private attorney Michael Jablonski ends the 14-page motion to dismiss with:
"Only the Democratic Party of Georgia can determine qualifications of candidates named on the Presidential Preference Primary ballot. Furthermore, the citizenship issue the plaintiff seeks to raise was soundly rejected by 69,456,897 Americans in the 2008 elections, and it has been by every judicial body ever to have considered it. Every Georgia case considering the issue ruled against the plaintiff. Plaintiff's challenge to Barack Obama's qualifications should be dismissed."
The complete Motion to Dismiss and the Statement of Undisputed Facts provided below and here and here. Prior reports here.
Farrar et. al., v. Obama et. al., - Motion to Dismiss - 12/6/2011
Farrar et. al., v. Obama et. al., - Obama's Statement of Undisputed Facts Re; Motion to Dismiss - 12/6/2011
Obama's SSN Fails E-Verify System - 17 Oct 2011 Wash Times National Wkly edition - pg 5


73 comments:
atlanta constipation article...georgia ballot challenge...
http://www.ajc.com/news/georgia-politics-elections/obamas-inclusion-on-georgia-1262319.html
At least 2 times, it is stated that they filed Obama's name on November 1, 2012. Since that's in the future, aren't these entire motions invalid?
Just wondering...
This so far does not make it dismissed. Being not a "NATURAL BORN CITIZEN", LET ALONE A CITIZEN OF THE UNITED STATES. THE REAL AMERICA, PLEASE STAND UP, AIM, FIRE.
Motion to Dismiss will be granted. Orly has no defense against this correct summation of election law in Georgia.
Got a chuckle out of the Motion where it points out that Orly didn't friggin' file any motion to add plaintiffs or defendants. That's our Orly. FUBAR'ing every case she takes on.
Wow, get a load of that long footnote. That's a lot of cases that Orly will have to address in her opposition.
@Anonymous
". Furthermore, the citizenship issue the plaintiff seeks to raise was soundly rejected by 69,456,897 Americans in the 2008 elections, and it has been by every judicial body ever to have considered it."
Notice how they never site anyactual evidence. It would have taken much less energy on behalf of Oscama to just pruduce the real thing. That would end it all, yet he still won't. Any person with a brain not up head the Oscama's ass can identify the pattern here and evaluate itaccoding.
Knowing that if any sleazy car salseman refused to "show us the CarFax" we would walk out the door on him. Now what is more important to the US, a car or the presidency? Clearly we should vet the president more than we would a car.
BTW, looks like Gingrich is a birther after his statement that all questions presidential candidates are fair game. So he must agree that the natural born issue is fair game.
Who's proof reading this stuff anyway? The first sentence of paragraph 7 of the Michael R. Berlon Affidavit states, "The Executive Committee of the Democratic Party of Georgia met at the part headquarters on October 22, 2012..." The DNC must have loaned out their time machine to their Georgia contingent. I protest on the grounds that this gives the Democrats an unfair advantage. Lol
Question - when the motion to dismiss is granted will that create a precedent for the dismissal of the other GA challenges?
If yes, was it a mistake to let Orly go first?
The Democratic party of Georgia submitted the name of Barack Obama to the Georgia Secretary of State on November 1, 2012?? First of all, there is no Democratic party and second of all it's not 2012 yet! Hello, this is totally bogus. I say this argument should be rejected for all the obvious errors in it. Anyone think this was deliberate??
"was it a mistake to let Orly go first?"
If so blame Farrar. He is the one that got Orly to handle his case.
Orly should have stayed out of Georgia. She screws up every case she touches. The question is does she do it on purpose?
@Anonymous @ 7:47
"Question - when the motion to dismiss is granted will that create a precedent for the dismissal of the other GA challenges?
If yes, was it a mistake to let Orly go first?"
Yes and yes.
Why doesn't Mario Apuzzo ever get asked to handle these cases?
It's becoming clear that it is a waste of time in suing obama or the State SOS's. A 2012 POTUS candidate needs to sue the DNC, a private corp. for not vetting their candidate. SO simple...
@Matt
The fact that 69,456,897 Americans voted for Obama in 2008 is the sort of fact of which the judge can take judicial notice. No need for a citation.
The MTD references the New Hampshire Ballot Commisssion's decision. By the time we get to state number fifty will there be 49 of those judicial notices?
Why didn't "Obama's" attorney simply fax the documented evidence?
Oh yeah, right...
Where We Are http://youtu.be/1rYy6ijSaYI
the citizenship issue the plaintiff seeks to raise was soundly rejected by 69,456,897 Americans in the 2008 elections
----
I don't recall that being one of the campaign issues raised by either party during the 2008 campaign.
@Anonymous
Do the mistakes in the date make the motion "completely invalid"?
Of course, Lawyers never make mistakes.
On the other hand, failing to cite cases (Orly Taitz), failing to put on evidence (Orly Taitz), failing to serve the other side or a witness (Orly Taitz), failing to proceed properly procedurally (Orly Taitz), those are mere trifles that Lady Liberty expects to be ignored by the judges before whom she files her glop.
@DrJim77
That will not work unless the person is a long time Democrat running for President. And even then it is unlikely to succeed.
Suing in the primaries is a complete waste of time. They need to wait until the general election. Of course by then they will not have standing.
In the statement of facts, they say that all of the exhibits are hearsay. Is this why no other competent lawyers will take this case?
It was intentional that November 1, 2012, and DemocatIC Party was listed in this motion. There was too much research for this mistake to be overlooked. Orly should have them refile so she could fix her mistakes too.
@Anonymous @ 8:26
"Why didn't "Obama's" attorney simply fax the documented evidence?"
No need to submit ANY evidence. This case fails on the legalities. The motion to dismiss lays it all out: there is no legal ground for challenging the Presidential Preference Primary in Georgia for the simple reason that it is not a primary election within the definition of the Georgia Code. It's the political parties' delegate apportionment procedure.
http://obamaballotchallenge.com/volunteers-needed
Will you help us?
obamaballotchallenge.com is trying to stop the usurper Obama in primaries and general elections in as many states as possible, with election complaints, criminal complaints and civil suits, based on his now clear ineligibility for office.
You do NOT need to be a lawyer to file complaints in most states. I did a couple myself last week.
we need volunteers to:
- File complaints
- Act as plaintiffs on cases
- Write, email, call friends and associates
- Submit articles, do interviews with media
- Write letters to editors, comment on newspaper, blog. website, Facebook, Twitter, etc.
- Recruit more individuals, organizations to help
- Look up state laws we can use to challenge the usurper
Most of this can be done from home, on your computer or phone, some on location
We need:
- Project Manager, to coordinate Projects
- Master scheduler, to manage filing deadlines, action schedules, follow-up dates
- Volunteer Manager, to handle recruiting , deployment, quality assurance of volunteers
- Communications specialists, to post reader comments, write letters to editors, Facebook, Twitter; do radio call-ins, interviews, etc.
- Legal Researcher- to research out state laws, precedents and current news, relevant to our mission. (You don’t need to be a lawyer, but it would help).
69,456,897 Americans in the 2008 WERE NOT AWARE OF OR DID NOT KNOW the facts as we do now concerning the SS# and the BC.
Do you think 5, 10, or 15% of the 69,456,897 Americans would have voted differently knowing the hard facts in this case?
@Anonymous
"We need:
- Project Manager, ....
- Master scheduler, ....
- Volunteer Manager,....
- Communications specialists,..."
Will there be a dental plan?
@Anonymous @ 9:24
"You do NOT need to be a lawyer to file complaints in most states. I did a couple myself last week."
That pretty much explains it all. You claiming credit for "researching" Georgia law?
"Defendant will insist on the right to cross-examine each individual making a statement in the documents."
That means that Orly has to have all the witnesses present at the hearing -- Susan Daniels, Gregory Hollister, Linda Jordan, Doug Vogt, John Sampson, Chito Papa -- plus anyone who is quoted in the affidavits that Orly intends to introduce and any other witnesses needed to lay a foundation for each exhibit.
This is going to be big! This is going to be expensive!
69,456,897 Americans in the 2008 WERE NOT AWARE OF OR DID NOT KNOW the facts as we do now concerning the SS# and the BC.
Do you think 5, 10, or 15% of the 69,456,897 Americans would have voted differently knowing the hard facts in this case?
ANSWER: YES..!!!! These newly discovered facts will guarantee an Obama defeat in 2012.....by a huge landslide.
I don't know if that's a record number of case citations, but it sure must be up there! I wonder how Orly even begins to respond to all of that. Is she even now burning the midnight oil, trying to grog what it's all about?
@Anonymous
So Hollister and Jordan will have to testify that they violated Federal Law?
Can they plead the Fifth?
Or refuse to show up?
Orly could always print two more subpoenas to compel them.
By filing a Motion to Dismiss, there is an inference there is something very damaging to disclose.
Any citation, even the kitchen sink, will not shut this case down.
The Truth finally has its boots on.
Obama is filled with anxiety & fear of the inevitable. His inept advisors have run
out of ideas & strategies, & has passed the baton to a privately retained lawyer
(LIAR).
The issue is snowballing out of control, hence Obama's gray hair.
@Anonymous
"has passed the baton to a privately retained lawyer"
It legally has to be a private lawyer since this is about the campaign and not about being President.
It never ceases to amaze me how lawless you Obots really are. You know that Obama is guilty of usurpation, Social Security fraud, utterance of forgery and falsification of his Selective Service registration. Your efforts to protect his criminal behavior with rhetoric and legal pretense is abominable. Where are you ethics and moral character?
Every time I read these pathological Anon posts I have to wonder what kind of person cares so little about the constitution. Despite all of the BS and all of the machinations, this is such a simple problem for Buttfuck Barry to solve - just come clean. He won't because he knows that he's not eligible and so do the Anons of the world. So, Obots (Anons) defend Barry because...?? Because he's so fucking important that the constitution doesn't matter? They make me puke. No individual is that important - go get another Alinsky socialist to carry your ideological water.
I've been saying for years that even though the merits of this matter would eliminate BF Barry in a heartbeat, we cannot get to the merits because of the 'technicalities'. The only way this gets fixed is in the arena of public opinion, which means somebody with public influence needs to talk about it. Trump almost gets there, but none of the talking heads or the media will report or discuss this on an intellectual level. The entire media, including Fox, is in the tank for BF Barry and is carrying his water. If just one media outlet, media celeb, or one frigging candidate would get the facts out and keep repeating them, this would get traction. Until then, forget it folks.
As for you Anons and Obots - go fuck yourselves. You are not un-American, you are anti-American and deserve the wrath of everyone that sees you for what you are.
In Buttfuck Barry's own words - "The only people that don't want to disclose the truth, are people with something to hide". Duh.
@Anonymous @ 10:52
"By filing a Motion to Dismiss, there is an inference there is something very damaging to disclose."
Nope. A motion to dismiss infers that there is no case to try. If you had bothered to read this motion, it sets out the law to show that Farrar misunderstood the Georgia Code provisions; there is no way, within the law, that he can possibly win, thus the case has to be dismissed.
@Anonymous @ 10:47
Either Hollister and Jordan testify how they violated Federal law to obtain the SSS and SSA documents, in which case they incriminate themselves, or they refuse to show up or plead the Fifth, in which case Orly cannot lay the foundation for the exhibits to be admitted.
Such a quandry.
And after all that, the documents are STILL hearsay and won't be admissible.
@Anonymous @ 10:52
"Any citation, even the kitchen sink, will not shut this case down."
You want to bet? All it takes is one citation. But a page and a half of citations really drives the point home.
The delicious irony is that many of the citations are to cases that Orly lost. IOW, she contributed to the precedent that will get this case dismissed.
obama defrauded 69 million americans last time around by lying....
http://visiontoamerica.org/6379/justiagate-natural-born-supreme-court-citations-disappear/
No need to submit ANY evidence. This case fails on the legalities. The motion to dismiss lays it all out: there is no legal ground for challenging the Presidential Preference Primary in Georgia for the simple reason that it is not a primary election within the definition of the Georgia Code. It's the political parties' delegate apportionment procedure.
>>>if that is the case, and you can never tell with obots....., then that is being challenged because on the FEDERAL level the DNC says that they abide by CONSTITUTIONAL qualification. Their certifications also require that. Either way they lose because they are all tied together. In simple language that even an obot can understand...you can't have your cake and eat it , too.
@Anonymous
The first pre-trial motion in most civil suits is a motion to dismiss by the defendant. Why go through the expense of a trial if you can get the lawsuit dismissed by the judge?
When Fred Hollander sued Johm McCain and the Republican Party in New Hampshire Federal Court in 2008 claiming that McCain's birth in the Panama Canal Zone made him ineligible, both McCain's attorneys and the Republican Party attorneys filed a Motion to Dismiss on the grounds of standing. The Judge agreed and Hollandeer v McCain, et. al. was dismissed.
This is no different. Any judge can deny the Motion to Dismiss but thus far, none have.
@Anonymous
"I don't recall that being one of the campaign issues raised by either party during the 2008 campaign."
---
Your memory is a little faulty. Hillary Clinton's campaign and John McCain's campaign raised it as an issue. That is why Obama created the "Fight the Smears" web site and posted a copy of his short form Certification of Live Birth on that web site, four months before the general election.
Told you so...here is one for you; if you think you can do it better then get off your but*...people like you and LL, are worthless!
@Anonymous
"Why doesn't Mario Apuzzo ever get asked to handle these cases?"
---
Mario Apuzzo has handled a number of Obama eligibility lawsuits;
most notably Kerchner v Obama which was dismissed by the original trial court(US District Court, New Jersey) and the US Court of Appeals for the Third Circuit and then it was denied by the Supreme Court of the United States.
Malcolm X daughter certainly has a resemblance to Bari'.
http://www.nydailynews.com/news/crime/malcolm-x-daughter-locked-fails-pay-queens-woman-swindled-article-1.991648#ixzz1gdVe9uqX
Front page on the ajc.com site today...
Obama's inclusion on Georgia ballot challenged
http://www.ajc.com/news/georgia-politics-elections/obamas-inclusion-on-georgia-1262319.html
Five Georgia men have challenged President Barack Obama’s inclusion on next year’s presidential ballot, with at least some citing an oft-discredited theory that Obama is not eligible for office because the Constitution says that a president must be a “natural born citizen.”
All the challenges have been made through the Georgia Office of the Secretary of State, which referred them to the state administrative hearings office. Hearings have not yet been set.
Georgia holds its primary next year on March 6. Obama's name will appear on the Democratic primary ballot, even though he has no challengers.
Two of the men filing the challenges, Kevin Powell of Duluth and Carl Swensson of Morrow, are being represented in their efforts by attorney Mark Hatfield, who is also a Republican state lawmaker from Waycross.
Hatfield failed in an effort earlier this year to pass a law prohibiting any presidential or vice presidential candidate from being included on the ballot without proof of “natural born” citizenship.
Obama was born in Hawaii to an American mother and Kenyan father.
Hatfield has said he believes the United States’ founders intended not only for presidents to be born in the U.S. but for their parents to also have been U.S. citizens.
Anyone who supports Obongo in anyway is a D/LICKER
"That is why Obama created the "Fight the Smears" web site and posted a copy of his short form Certification of Live Birth on that web site"
-
Wrong, it was produced because people were claiming Obama's middle name was Muhammad. It had nothing to do with his place of birth.
"It never ceases to amaze me how lawless you Obots really are. You know that Obama is guilty of usurpation, Social Security fraud, utterance of forgery and falsification of his Selective Service registration."
Nope, not suffering under that delusion at all, sorry. I know it seems that way to you; but that, too is a delusion.
hysterical. Instead of submitting his "valid" birth certificate; he hires an attorney? I thought he presented a "valid" birth certificate. Didn't he go live on air and show America his birth certificate? So just send in his Birth Certificate...again? Why spend money on a lawsuit when you can spend 42 cents on a stamp! I am sure there is a copy machine in the white house...no?
@Anonymous
"SmearS" is plural, not singular. By the time the web site was created the first eligibility lawsuits had already been filed.
For example: Martin v Lingle, May 27, 2008.
Name AND birthplace were being challenged
@Zamas
I'll tell you "what kind of American."
All nine Justices of the Supreme Court since not even one of them has shown any interest in an Obama eligibility appeal and all 535 members of Congress since not one of them has called for congressional hearings on Obama's eligibility.
And finally, every single prosecuting attorney in the US since not one of them has called a grand jury investigation to look into whether Obama committed any crime in getting elected as the 44th President of the United States.
@Anonymous
"It never ceases to amaze me how lawless you Obots really are. You know that Obama is guilty of usurpation, Social Security fraud, utterance of forgery and falsification of his Selective Service registration. Your efforts to protect his criminal behavior with rhetoric and legal pretense is abominable. Where are you ethics and moral character?"
Obama went though the exact same electoral process as every other candidate. He participated in 55 caucuses and primary elections. He participated in scores of debates with other Democratic candidates and then three debates with the Republican nomineee. He campaigned in every state in the union. He got 69.4 million popular votes. He got 365 electoral college votes. He had his electoral college votes counted and certified by Vice President Dick Cheney. There were no objections to the certification of his Electoral College votes from any of the 535 members of Congress. He was sworn in by the Chief Justice (twice!).
When you do all that, the 12th Amendment says that the person receiving the majority of the Electoral College votes "shall be the President."
President George W. Bush handed him the keys to the White House and he took control of the nuclear football with the launch codes to US missiles.
He's no usurper and he has won 151 lawsuits challenging his eligiblity and he has lost ZERO.
Congress has confirmed his nominees and sent him legislation to sign into law as recently as yesterday.
If you don't want him to be president, vote the sucker out.
@Plutodog
If the 2012 election were to be held today, Obama would beat Gingrich worse than he beat McCain.
http://www.realclearpolitics.com/epolls/2012/president/
president_obama_vs_republican_candidates.html
Obama/Barry hires lawyers to block access to all of his basic background. His own family cannot get it right which hospital he was born in. His computer generated his birth certificates are reported to be 100% forgeries. The media protects him. The courts protect him. Who has that kind of power, none other than who JFK really tried to warn all of us about.
OMG!! The (HIDDEN SPEECH OF JFK) dire warning... http://www.youtube.com/watch?v=pDe6QCqFu4c
@Anonymous
A motion to dismiss infers injunctive relief from disclosing prima facie evidence that a ss# is UNVERIFIABLE; that BHO's. name is not the name he was born with, therefore no record would be found.
Whatever Ga. Law states the goal is to WITHHOLD EVIDENCE BY HOOK OR BY CROOK.
That is the judge's call.
@Anonymous
The court of public opinion will be the movant.
You can only fool some of the people some of the time.
Nixon was forced out.
Carter wad forced out.
Clinton was impeached.
Obama cannot be impeached because he is a fraud. He will be forced out, & all his edicts, Executive Orders, & laws will be reversed... If you hang around, you will see it with your own lyin' eyes.
@Anonymous
Article states she could get 7 yrs. for IDENTITY THEFT!
ALL IN THE FAMILY! Obama has no other options but paying lawyers to suppress,
When you lose your reputation, your identity is worthless.
Orly needs donations so that she can bring her witnesses to Georgia for the hearing. It is imperative if she is to defend against this Motion to Dismiss that Orly have all her witnesses there so they can authenticate the documents.
Everyone -- please go to Orly's site and make a donation TODAY!
Re: Donations. Orly and the plaintiffs have to pay the way for all the witnesses they have subpoena'd. Airfare, hotel, taxi, meals. If Orly does not pay, the witness is not obligated to show up. Please, people, donate!!! Without these witnesses, Orly cannot get her exhibits admitted. Think about it -- no BC, no SSN un-verification, no Selective Service exhibit, etc., will be considered.
Donate today.
@Anonymous December 17, 2011 1:11 PM
Supreme Court Justice Clarence Thomas is on video record as telling Congressional sub-committe chairman Serrano "We're [SCOTUS] are evading that one [ [Obama eligibility issue]."
Not one of the 535 members of Congress has called for congressional hearings on Obama's eligibility because every one of them are afraid of the consequences. Obama's DoJ and DHS THREATENED Arizona Sheriff Joe Aripo (sp?) with all sorts of reprisals literally concurrent with Sheriff Joe announcing he was initiating an investigation into Obama's eligibility.
And finally, not one State's Attorney General, not even Hawaii's, has ever even questioned, never mind investigated, why the 2008 Democratic Party of Hawaii "Official Certification Of Nomination" did not certify Obama as eligible to serve as POTUS "under provisions of the U.S. Constitution" as required by Hawaii election law.
Orly's husband is a millionaire. She should have no problem getting the funds from him instead of hitting up average folks during Christmas time.
"@Plutodog
If the 2012 election were to be held today, Obama would beat Gingrich worse than he beat McCain.
http://www.realclearpolitics.com/epolls/2012/president/
president_obama_vs_republican_candidates.html"
How does he stack up to "any republican candidate"? At this point, in any race, due to candidate loyalty and many other factors, almost no "one on one" comparison will result in an Obama defeat. It is a useless data point until there is only one Republican and one Democrat in the race.
Please people, stop insulting other reasonable people with totally skewed and useless data just to gain argument points. Think first... Then respond. It will make all of us smarter and better.
"The citizenship issue the plaintiff seeks to raise was soundly rejected by 69,456,897 Americans in the 2008 elections, and it has been by every judicial body ever to have considered it."
Fortunately, we are a Constitutional Republic, not a democratic mob rule. That 69,456,897 people can be stupid is not a reason to trash the sound requirements of the Constitution. Every court case was rejected on technicalities, and never reviewed on merit. A corrupt judicial body afraid to address the fact that all three branches of government are populated by self-serving crooks cannot "soundly" consider or reject anything.
"Supreme Court Justice Clarence Thomas is on video record as telling Congressional sub-committe chairman Serrano "We're [SCOTUS] are evading that one [ [Obama eligibility issue]."
No matter how much you repeat that lie it does not make it true. Justice Thomas' remark has absolutely nothing to do with Obama.
http://youtu.be/9KqvOhzHrGM
"Fortunately, we are a Constitutional Republic, not a democratic mob rule. That 69,456,897 people can be stupid is not a reason to trash the sound requirements of the Constitution. Every court case was rejected on technicalities, and never reviewed on merit. A corrupt judicial body afraid to address the fact that all three branches of government are populated by self-serving crooks cannot "soundly" consider or reject anything."
Rulings on standing and justiciability are not rulings on "technicalities." They are rulings on the merits.
They're not afraid to address any case, as long as there's a case. Present a case with a plaintiff with standing and an issue on which the courts have jurisdiction and they'll hear it. They do so every day.
@Anonymous
I don't understand why people want to twist Justice Thomas' words to make them relate to Obama when Serrano and Thomas have a standing joke about Puerto Rican citizenship. That's the issue Thomas said "we" are evading, not Obama's eligiblity.
Obama was never mentioned in the exchange.
http://youtu.be/lL2Zht4_pxc
Hearing MAY be on January 26. Then again, maybe not.
Van Irion, on behalf of his client Welden, has moved the court for a separate hearing from the others as his only issue being presented is that Obama does not qualify due to the precedent set by the Supreme Court in Minor v Happersett.
http://www.scribd.com/doc/76380472/Georgia-Primary-Ballot-Challenge-Obama-Motion-for-Separate-Hearing-Van-Irion
Why maybe Barack Obama was able to skate around the eligibility clause , http://www.renewamerica.com/columns/symon/081107 , This paragraph is about half way down in the article .
" The US Constitution is clear on the matter of Presidential requirements, but what if the US Constitution has quietly been under suspension since September 2001, through the use of "The National Emergencies Act (50 U.S.C.1601-1651)" which, incidentally, prohibits any President from declaring and prolonging a State of National Emergency for more than a two year period. Yet this "Emergency" nonetheless has lasted continuously since September 11, 2001. Are COG rules in force? and if so why have House Homeland Security Committee Chairman Bennie Thompson and Oversight Subcommittee Chairman Christopher Carney's request to scrutinize those rules been refused ? "
Motion denied.... Hahahahaha.
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