Court to Hear Obama Eligibility Challenge on Merits, First Time Ever, Jan. 26
By Arlen Williams @ Gulag Bound
Contributor: CJ in TX @TellTheTruth1
“This will be the first time ever, since this whole thing began, that it will be looked on, on merit.” Those are the words of Carl Swensson, Republican Party Chairman of Clayton County, Georgia. “This” refers to an actual judicial hearing of the case against the eligibility of Barack Hussein Obama, Jr. to be, according to the United States Constitution, “Commander in Chief” and United States President.
The attorneys of Barack Obama requested a pretrial dismissal, as it had done on so many other occasions, against so many other cases. But yesterday, one judge denied and scheduled an official hearing of the case to commence, January 26.
From 2008 to the present, judicial standing has been refused the plaintiff, often via convoluted rationale, many say sophistry. The question however is elementary to our constitutional republic: can we as Citizens be assured those presented to us for our votes are eligible to hold office?
Unlike many other states, Georgia has a statue requiring just that. For Swensson’s part, he had “resolved that I would not let anyone on the ballot who is not demonstrably qualified to hold that office.” That would appear to be part of his job as party official and it is the job of Georgia’s Secretary of State, Brian Kemp (R) to assure election law is justly carried out. Swensson relates, “We have been hounding him at hearings he’s been having across the state.”
And so it came to pass that Kemp after some delay, followed due process and called forth the court designated by Georgia law, to hear such a case. This particular case was brought by Swensson and co-litigant, Kevin Richard Powell, attorney: J. Mark Hatfield, judge: Michael M. Malihi.
As veteran Obama eligibility beat reporter Bob Unruh details at WND.com:
While Obama’s attorney, Michael Jablonski, had argued that the requirements didn’t apply to candidates for a presidential primary, the judge said that isn’t how he reads state law.
“Statutory provisions must be read as they are written, and this court finds that the cases cited by [Obama] are not controlling. When the court construes a constitutional or statutory provision, the ‘first step … is to examine the plain statutory language,” the judge wrote. “Section 21-2-1(a) states that ‘every candidate for federal and state office’ must meet the qualifications for holding that particular office, and this court has seen no case law limiting this provision, nor found any language that contains an exception for the office of president or stating that the provision does not apply to the presidential preference primary.”
Swensson and Powell’s is one of three cases, Unruh again:
The decision from Malihi came as a result of a series of complaints that were consolidated by the court. They were brought against Obama’s inclusion on the 2012 election primary ballot by David Farrar, Leah Lax, Cody Judy, Thomas Malaren and Laurie Roth, represented by attorney Orly 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.
As Sharon Rondeau explains in The Post & Email, standing was even granted the one mere voter’s case. Who would have thought that a Sovereign Citizen (actually, the highest position in the United States of America) would have such authority?
Judge Malihi appeared to support Blanchard’s claim in his decision:
Both the Secretary of State and the electors of Georgia are granted the authority under the Code to challenge the qualifications of a candidate. The challenge procedures are defined in Code Section 21-2-5(b), which authorizes any elector who is eligible to vote for a candidate to challenge the qualifications of the candidate by filing a written complaint with the Secretary of State within two weeks after the deadline for qualifying. O.C.G.A. § 21-2-5(b).This was one of three rulings of Mahili on these matters, yesterday. Another separated these three cases, at the request of the plaintiffs, which he had earlier lumped together into one. Swensson respectfully explained that the integrity of his particular case required separation from the methods of at least one other case’s attorney, Orly Taitz. And as for his own attorney, about their own particulars, “Mark has been doing a Hell of a job.” (statement left unvarnished since the job of doing Hell is one of God’s own works of justice, as such, due respect).
A former secretary of state, Karen Handel, utilized the law when she disqualified someone from his candidacy for local office.
Yesterday’s remaining ruling denied an early deposition to the plaintiffs, a move which may have brought a sense of bargaining power to the proceedings, when faced up to the Obama request for dismissal. A Super PAC has been formed to provide a modicum of assistance to some of the plaintiffs across the country. Its site, art2superpac.com features all three of Mahili’s rulings.
MORE HERE: http://gulagbound.com/24754/court-to-hear-obama-eligibility-challenge-on-merits-first-time-ever
Note: An Article II Legal Defense Fund has been established to support legal actions to help reinstate a Constitutional Presidency, per Article II, Section 1. These actions may include civil or criminal complaints, lawsuits in multiple jurisdictions, including, but not limited to: direct eligibility challenges, ballot challenges, indirect suits against third parties, which would seek to clarify eligibility, or inhibit parties from supporting actions that benefit ineligible candidates and/or officials.
Please visit www.Article2LegalDefenseFund.com and consider making a secure donation to help cover legal costs associated with the GA ballot challenge.
ARTICLE II ELIGIBILITY FACTS HERE: http://www.art2superpac.com/issues.html
MAKE A PAC CONTRIBUTION HERE: http://www.art2superpac.com/donate.html
Flier/Handout - Obama Not a Natural Born Citizen with Venn Diagram - Support Art2SuperPAC
50 comments:
The issue never was about standing. Voters have standing to bring certain election challenges under state law. The question was whether the Georgia scheme encompasses the presidential preference primary, because no court had yet determined whether a party's designee falls within the definition of "'candidate." This is clearly stated in the ruling.
Carl's real hurdle lies in trying to persuade an administrative law judge to depart from the common understanding of "natural born citizen." No, it is not your contorted reading of the Minor case. It is the understanding that COURTS and 99.99999999% of the legal profession apply. Carl needs to begin planning -- and financing -- a series of emergency appeals. Judge Malihi is not going to boot Obama from the Georgia primary ballot.
And BTW, this will set precedence for any challenges brought in connection with the general election. You know, res judicata and all that.
Excellent article which covers the profound implications of the decision to move ahead and break a three-year, deliberately engineered legal logjam.
Te Obots will do everything that they can, legal or not, to protect their "faux" usurping "President." Watch for a false flag event to distract us if this gets hot and heavy.
Moderator you said on a blog yesterday that this site only reports on eligibility news when asked why you didn't post the usurper signing the ndaa bill on saturday taking away all of our constitutional rights,but you reported on the larry sinclair thing twice. Dont be a hypocrite like obama.
Like the Obot, "Real Lawyer", says, and I had wondered as soon as I saw the Judge's decision; Was this done to prevent anymore state challenges simply by accepting the BS, "anchor baby", definition of natural born citizen?
Is there anything to prevent that from happening?
As the heat was turned up on the states, did the regime plan this to clear the way for the rest of the states to have no opposition to Barry on their ballot?
In other news:
Duncan Sunahara has sued the Hawaii DOH. Is it to get his sister Virginia's LFBC?
Duncan Sunahara v. Dept. of Health SOH et al. Case #: 1CC12-1-000006
Is this the big lawsuit Dean has been promising?
Inquiring minds want to know.
It is the understanding that COURTS and 99.99999999% of the legal profession apply
>>>name one court and 99.9999 +% percent of whatever legal case that you can fine that has this number of cases that
provided a definition of natural born citizen? You can't support your vague "COURTS" statement and you can't support your 99.99 ad nauseum number. More bluster and arrogance from the left trying to usurp the constitutution without changing it. For one minute does anyone thing that the framers would put the offspring of King George into presidency ? AFter beating the Brits ? Or in today's terms the offspring of Chavez or Castro or Park of North Korea. There was a reason the framers changed the word citizen to "natural born citizen" in the constitution draft. There was a reason when Ben Franklin wrote to his fellow framers about having the latest work of Vatel. There was a reason for George Washington and Thomas Jefferson and John Jay having Vatel on the desks. And the Obots would be crying a different tune if a GOPer were in the white house instead of usurper obama. You can bet your life on that, being the whiners that they are.
Having worked for a Judge, I have one question to ask you: Are you saying, as a lawyer, that Judges DO NOT refer to case "precedents" anymore during their rulings?
We'll be making an announcement about the lawsuit very soon.
Dean Haskins
Drudge finally has a link:
"Birthers Hail Judge's Decision That Could 'Depose' Obama..."
Links to:
http://www.infowars.com/birthers-hail-judges-decision-that-could-depose-obama/
I don't think Drudge believes this is going to be another "blue dress" moment, but I least he
finally mentioned it.
@Dean Haskins
"We'll be making an announcement about the lawsuit very soon."
Dean - what was the certification number of Virginia Sunahara's COLB?
It's been reported by Orly to be out of sequence with the Nordyke's and Obama's.
I'm betting above 10775 and below 10850. Is that in the ballpark?
@A Real Lawyer
So "99.99999999%" of the lawyers (Liars) and courts are ready to contort Supreme Court holdings to "make" Obama a natural born citizen. It is a sad state of affairs you "Lawyers" and the court system have put us in, if true.
SO OBot, be truthful, tell us what you really believe in - a "living-breathing US Constitution," which Socialists and Communists really believe that it is. You want the US Constitution to be and say whatever you Socialist/Communists say it is at any given time because YOU clowns "always know better" than us "American rubes".
BARACK OBAMA IS ALREADY A CANDIDATE UNDER FEDERAL LAW.
Federal Election Law Pre-empts State Laws.
Title 2, Federal Election Campaign Laws
(FEC 1-800-424-9530 http://www.fec.gov )
Title 2 U.S.C. (United States Code)
http://uscode.house.gov
Section 431 (18) Clearly Identified Candidate
2 U.S.C. Section 431 (18) The term "clearly identified" means that -
(A) the name of the candidate involved appears;
(B) a photograph or drawing of the candidate appears; or
(C) the identity of the candidate is apparent by unambiguous reference.
2 U.S.C. Section 431 (2) The term "candidate" means an individual who seeks nomination for election, or election, to Federal office, and for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election -
(A) if such individual has received contributions aggregating in excess of $5,000 or has made expenditures aggregating in excess of $5,000; or
(B) if such individual has given his or her consent to another person to receive contributions or make expenditures on behalf of such individual and if such person has received such contributions aggregating in excess of $5,000 or has made such expenditures aggregating in excess of $5,000.
(3) The term "Federal office" means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to the Congress.
We should elect Obama King of the Universe.
Afterall, he is the messiah. Is he not?
Cris Ericson, this is a state by state balloting issue.
F*ck Federal law, it does not supercede each state's sovereign statutes.
Article I: Congress/Senate must be 7/9 years a CITIZEN
Article II: President must be a Natural Born Citizen and 14 years a RESIDENT
See dumbots, they're DIFFERENT CONCEPTS and it's already in the Constitution and Statutes
Article I Section 8 CITIZENS are 0 or 1 US Citizen parent born anywhere or 2 US Citizen parents born abroad
Natural Born Citizens are NOT mentioned or defined in any statute, nor the 14th and they are the only omitted permutation (2 US Citizen parents, born on US soil)
You cannot say a NBC is just born in-country, because so can be a naturalized statutory Citizen, and the CONSTITUTION says they're DIFFERENT, so the requirement goes further, and the LAW already defines the difference!!!
Jeez, they already did the work for you, read the freaking law!
A "Citizen" can only run for Congress/Senate, not the Presidency.
you cannot conflate citizen with natural born citizen since the Constitution separates them
Amendment 10 - Powers of the States and People. Ratified 12/15/1791. Note
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
An "anchor baby" is not even a US Citizen by the Civil Rights Act of 1866, which was re-passed after the 14th amendment of 1868, in 1870, and was never deemed unconstitutional and is still on the books.
and again, a jus-soli only is never a NBC because a NBC is different from a statutory naturalized Citizen and some statutory naturalized Citizens (the ones who naturalize) are jus-soli only...
(jus soli only means only born in-country with foreign parents)
0 US Citizen parents, born anywhere: They can naturalize (take oath) to become naturalized statutory Citizens (never natural born citizens however)
1 US Citizen parent is a "Born Citizen" by STATUTE (aka naturalized)
2 US Citizen parents born abroad is also a "Born Citizen" by statute (aka naturalized) like McCain.
2 US Citizen parent born in-country is a Natural Born Citizen, the ONLY definition.
Don't lawyers swear an oath to the BRITISH bar? They don't uphold the US Constitution in the end do they.
Obama has finally met his match and since he knows the Constitution or so he says, that very fabric of his so-called being will burn a chasm into his very soul. Yes my friends the Constitution is alive and the awakening has happened, please vote for Limited Government and a return to Freedom and Liberty, which is the very fabric of OUR existence!
This ruling is a link on Drudgereport.com. Millions more than watch cable tv crap combined. will learn of this precedent.
A lie travels half way around the world before the TRUTH gets its boots on, but these boots are gonna walk all over the LIE forevermore...
THE ENDS JUSTIFY THE MEANS WON'T PREVAIL!
Even if he is found to be a natural born citizen, that his father is an American
let's say MALCOLM X, he will be charged with felonies for impersonation & FRAUD.
Only another president can take pity on him & pardon him.
Like Nixon he will be a disgrace in the annals.
If "they" try to say that anyone just born in the USA is a natural born citizen, then they conflate out the Article I and Article II requirements into anyone who is a Citizen, then they blow out the 14th amendment and Article I Section 8 and all the USC 1401 Statutes and CRA 1866, and they wind up with a great big illogical fucking mess that makes no sense, contradicts precedent, history, all in attempt to remove all sovereignty of the USA so that any foreigner can be president, because once they say a "Citizen" alone can be president, that means anyone on the face of the Earth who naturalizes.
The Constitution does define a NBC
it says a NBC is different from a Citizen (Article II vs. Article I)
the only different arrangement which sets apart a natural born citizen from a statutory naturalized citizen is "2 US citizen parents born on US soil"
that's also already in the statutes
simple
Neither Romney's dad (Mexico) nor Santorum's dad (Italy) were born in the USA.
Romney's grandparents were both Americans, which makes his dad (senator george) born to TWO AMERICANS while living in a foreign country.
Santorum's dad is a naturalized American who became a citizen after he arrived here when SANTORUM'S GRANDAD sent for the family.
Vetting before ballot eligibility anyone?
[ Neither Romney's dad (Mexico) nor Santorum's dad (Italy) were born in the USA. ]
So what? Their parents don't have to be born here. They just need to be U.S. Citizens when the child is born on U.S. soil.
So if Obama only had 1 US Citizen parent, even born in Hawaii...
then at best he could be a naturalized born-citizen by statute.
And since a naturalized citizen is never a natural born citizen, per the US Constitution, then Obama cannot be a natural born citizen.
In essence, all you have to do is prove Obama is a naturalized statutory citizen, thus the Constitution says he CANNOT be a natural born citizen.
Simple.
Oh, and if he's not a US Citizen AT ALL, then obviously he's also not a natural born citizen.
New Lawsuit Filed Against Hawaii Department of Health on Behalf of Duncan Sunahara
http://obamareleaseyourrecords.blogspot.com/2012/01/new-lawsuit-filed-against-hawaii.html
Mainstream Media Remains Silent
http://www.ledger-enquirer.com/2012/01/04/1880356/georgia-judge-to-hear-arguments.html
Mainstream Media = ABC, CBS, NBC, MSNBC, and FOX.
@CRIS ERICSON 2012 POLITICAL CANDIDATEThere's those funny things called FRAUD and PERJURY that renders everything you said null and void! Impressive try, however.
Drudge removes link to Ga. Judge ruling Obama must prove eligibility in record time.
Is Drudge now being told what it can and cannot link by the Obama regime??
Other links of far less significance hang around on the Drudge Report for days.
I believe this will be a set up. They will put up a good fight prooving Obama is an illegal, and when it's over obama will be allowed to remain on the ballet. This will be a presidence against all other states and will give obama a free ride to dictator.
Will this case discuss the forged BC and his SSN or will it just debate the meaning of Natural born citizen?
@Moderator January 4, 2012 11:45 PM
"Mainstream Media = ABC, CBS, NBC, MSNBC, and FOX."
And AOL News, COX Internet News and Xfinity (Comcast) Internet News.
a little thought,you know how very easy,simple,this would be for aka obama? Just show America what they Constitutionaly need to see. Stop all the stonewalling. Can't be done can it? Like they say,have something that needs to be secret? Put it in the same place aka obama puts his papers. The guy has never been properly vetted,meanwhile America has been destroyed.
@A Real Lawyer
"The issue never was about standing. Voters have standing to bring certain election challenges under state law. The question was whether the Georgia scheme encompasses the presidential preference primary, because no court had yet determined whether a party's designee falls within the definition of "'candidate." This is clearly stated in the ruling."
Georgia Code Section 21-2-193 states that the political party for the presidential preference primary “shall submit to the Secretary of State a list of the names of the candidates of such party to appear on the presidential preference primary ballot.”
No real lawyer would risk their law license arguing with a Judge that "candidate" means something other than what it does. To wit: Slick Willie Clinton had his law license revoked in large part after arguing with a Judge that "is" doesn't necessarily mean what "is" means.
@Anonymous
i always read lawyers comments with amusement as they think they are the final arbitrators of law we the people through or Representatives and case law ie suit make law not attorney and under "real lawyers" premise we would still have slavery or any number of bad law still being enforced who say we cant over turn bad law furthermore just because it has always been done that way doesn't make it right or legal
Re: John Doe Sr. said...
Drudge removes link to Ga. Judge ruling Obama must prove eligibility in record time.
Is Drudge now being told what it can and cannot link by the Obama regime??
Other links of far less significance hang around on the Drudge Report for days.
* * * *
How true. However, I found this:
From: http://www.orlytaitzesq.com/?p=30032
January 4, 2012
And on DRUDGE REPORT:
Birthers Hail Judge’s Decision That Could ‘Depose’ Obama…
http://www.drudgereportarchives.net/Article.php?ID=131181&
And This Too.....
From: http://www.infowars.com/birthers-hail-judges-decision-that-could-depose-obama/
Excerpt:
“The Georgia Election Code (the “Code”) mandates that “[e]very candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought,” stated the ruling in response to President Obama’s attempt to have the case dismissed.”
* * * *
From: http://myveryownpointofview.wordpress.com/four-supreme-court-cases-cant-be-wrong
FOUR SUPREME COURT CASES CAN'T BE WRONG
In The Post & Email, lovely stuff.
4 SUPREME COURT CASES DEFINE “NATURAL BORN CITIZEN” IRREFUTABLE AUTHORITY HAS SPOKEN
by John Charlton
http://www.thepostemail.com/2009/10/18/4-supreme-court-cases-define-natural-born-citizen
@AnonymousSorry Guys, "Real Lawyer" is correct regardless of what you think the standard should be. Every Law School in the country has always taught that NBC means born on U.S. soil only. But go on and ignore those who have studied this stuff for years and keep believing Apuzzo and Donoforio. But neither of those two will put there money where there mouth is. I will.
From: http://myveryownpointofview.wordpress.com/four-supreme-court-cases-cant-be-wrong
FOUR SUPREME COURT CASES CAN'T BE WRONG
In The Post & Email, lovely stuff.
4 SUPREME COURT CASES DEFINE “NATURAL BORN CITIZEN” IRREFUTABLE AUTHORITY HAS SPOKEN
by John Charlton
http://www.thepostemail.com/2009/10/18/4-supreme-court-cases-define-natural-born-citizen
You can't support your vague "COURTS" statement
Ankeny.
Paul
There were 8 FAILED attempts to change the NBC requirement. Why do that
unless
they knew what the actual def. has allways been?
@Paul
Game on. Put your money where your mouth is. Cite "Chapter and Verse" of any still applicable controlling legal authority (Note: Law School teachings don't qualify as such) which includes only being born on U.S. soil in its definition of "natural born Citizen".
NBC affiliate interviews Carl Swensson:
http://www.youtube.com/watch?v=OFl5VGYzB2k
President Obama removed from GA Ballot?
WXIA-TV
http://www.youtube.com/watch?v=OFl5VGYzB2k
....Dan, NY
THINK AGAIN! WXIA-TV Atlanta, which is run by Gannett media did a story on this.
http://www.youtube.com/watch?v=zqarKwe5Eww&feature=g-u&context=G2c47efdFUAAAAAAAAAA
NBC's WXIA-TV: Georgia Judge Denied Obama's Motion to Dismiss Ballot Access Challenge
http://obamareleaseyourrecords.blogspot.com/2012/01/nbcs-wxia-tv-georgia-judge-denied.html
You guys can argue all you want to,but my senario is this: #1. This is a setup to get Obama cleared from all states trying to keep Obama off the ballets,OR #2.Someone in the judicial section of the courts will retire with a lot of money from a bribe,or#3. All shi% will hit the fan and obamas administration will be on the run. You choose. As for me, I have decided that from all the political people involved that are resigning or retireing,that they know the cat is out of the bag and someone is going to jail so I pick #3 as my choice. WHAT SAY YOU?
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