Attorney Mark Hatfield's Response to Georgia Secretary of State
Brian Kemp About Judge Malihi's Erroneous Decision
Article II Super PAC Email
Greetings,
Kevin Powell and Carl Swensson's counsel, Mark Hatfield, early this morning sent his response to judicial errors of fact and law to Georgia's Secretary of State, Brian Kemp, in response to Judge Michael Malihi's decision in the Georgia ballot challenge.
Click this link to read Attorney Hatfield's response - http://www.art2superpac.com/georgiaballot.html
Below is the ending portion of Attorney Hatfield's 6-page rebuttal letter to the Georgia Secretary of State. Read the whole letter!
"Please note that the foregoing cited errors, omissions, and flaws in Judge Malihi's "Decision" are not intended to be exhaustive, and Plaintiffs specifically reserve the right to raise other claims of error hereafter.
Mr. Secretary, as you deliberate on your final determination of Defendant Obama's qualifications to seek and hold office, I am requesting, on behalf of my clients, that you consider the posture of these matters. Defendant Obama has initiated the submission of his name as a candidate to be listed on the Georgia Democratic Presidential Ballot. Likewise, in accordance with their rights under Georgia law, my clients have raised a challenge to the Defendant's qualifications as a "natural born Citizen" pursuant to Article II of the United States Constitution. The Defendant and his lawyer tried, unsuccessfully, to have my clients' challenges dismissed. The Defendant was then legally served with a Notice to Produce, requiring him to appear at trial and to bring certain documents and items of evidence with him. The Defendant did not object. When the time for trial was imminent, the Defendant's lawyer wrote a letter to you in which he boldly criticized and attacked the judge and in which he stated that he and his client were refusing to come to court. The day of trial, after you warned him that his failure to appear would be at his own peril, the Defendant and his lawyer nevertheless failed to appear for court and failed to comply with the Plaintiffs' valid Notice to Produce. The Defendant thus not only presented no evidence of his own, but he failed to produce significant pieces of evidence to which Plaintiffs were legally entitled. Inexplicably, Judge Malihi, after verbally acknowledging Plaintiffs' entitlement to a "default judgment," then entered an order fully favorable to the recalcitrant Defendant, and to top it off, the judge refused to even acknowledge Plaintiffs' attempts to have Defendant held accountable for his purposefully contemptuous behavior in ignoring Plaintiffs' Notice to Produce.
Doesn't this result sound unreasonable? Doesn't this result appear on its face unfair? Doesn't this result in fact suggest that the Defendant is above the law?
Mr. Secretary, I am respectfully requesting on behalf of my clients that you render a decision in this matter that treats Defendant Obama no different than any other candidate seeking access to the Georgia ballot who fails and refuses to present evidence of his or her qualifications for holding office and who disregards the authority of our judiciary. I request that my clients' challenges to Defendant Obama's qualifications be sustained and upheld.
Finally, in view of the rapidly approaching Presidential Preference Primary in Georgia on March 6, 2012, I respectfully request that you enter a decision in these matters on an expedited basis."
READ THE FULL LETTER DEBUNKING THE DECISION BY JUDGE MALIHI HERE. IT ALSO DEBUNKS CLAIMS MADE BY OTHERS.
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 this GA ballot challenge.
ARTICLE II ELIGIBILITY FACTS HERE: http://www.art2superpac.com/issues.html
35 comments:
Judge Mahili is Iranian , I bet he has family in Iran and the Iranian Mullahs probably threatened to kill his loved ones who are still in Iran.
Lets face it , as long as Obama is in Office , Iran has a green light to do as they wish.
Or
He accepted a very large payoff under the table to make this issue go away , I wonder if he is looking for vacation homes in the bahamas yet ?
why is this article not swarmed with posts of shared outrage?
why are there no posts at all?
"The More Competent Lawyers"
http://www.orlytaitzesq.com/?p=31274
ORLY RULES..!
Dont drink the ORYR-AID..!
Bari is all for fairness...but not when it has an adverse impact on him personally.
Mark Hatfield's response letter relies on fact of law; it is very well done.
It will be telling to see how Mr. Kemp responds, especially with his "own peril" comment. At the very least, there is public documentation on record that shows what happened, and potential complicity in the usurpation of the Georgia and US Constitutions.
With Sheriff Arapio's upcoming "many will be shocked" announcement, the stakes are getting higher. As the man says, "the only people who are afraid of the truth, are those who have something to hide."
Let's just hope Orly didn't poison the well with the mad rant she already sent to the SOS.
After that, he'll likely go "oh noes, not another birther complaint".
Makes you wonder if Orly rushed her "EMERGENCY YADDA-YADDA" to achieve that effect...
@Commykiller
It looks like Orly's Plaintiff David Farrar put down the ORLY-AID..!
It looks like Plaintiff David Farrar put down the ORLY-AID..!
Honorable Brian Kemp
Secretary of State of Georgia
214 State Capitol
Atlanta, GA 30334
via e-mail to Vincent R. Russo Jr. ESQ
VRusso@sos.GA.gov and via Federal Express overnight delivery
Re: FARRAR V OBAMA OSAH-SECSTATE-CE-1215136-60-MALHI
Dear Sec. Kemp,
Please allow me an opportunity to disassociate myself from any and all criminal allegations made by my attorney, Dr. Orly Taitz, against Judge Malihi in her EMERGENCY APPEAL motion now before you. They were not only unauthorized, but unsupported.
In looking back over Judge Malihi’s recommendation, it seems apparent he may have erroneously combined the testimony and evidence submitted from all threes cases into one to arrive at his recommendation, when such is not the case. We do have a separation order signed by Judge Malihi just for that reason. We have different case numbers and we are three separate and distinct cases. This is the reason many leading jurists around the country are confused at just how the judge arrived at his recommendation given the evidence and testimony submitted, most notably, Mario Apuzzo, Esq. When he recently wrote:
“But there is no evidence before the Court that Obama was born in the United States. The court can only rest its finding of fact on evidence that is part of the court record. The judge tells us that he decided the merits of the plaintiffs’ claims. But he does not tell us in his decision what evidence he relied upon to “consider[]” that Obama was born in the United States. The judge “considered” that Obama was born in the United States. What does “considered” mean? Clearly, it is not enough for a court to consider evidence or law. It must make a finding after having considered facts and law. The judge simply does not commit to any finding as to where Obama was born. Using the word “considered” is a cop out from actually addressing the issue. Additionally, we know from his decision that neither Obama nor his attorney appeared at the hearing let alone introduced any evidence of Obama’s place of birth. We also know from the decision that the judge ruled that plaintiffs’ documents introduced into evidence were “of little, if any, probative value, and thus wholly insufficient to support Plaintiff’s allegations.” Surely, the court did not use those “insufficient” documents as evidence of Obama’s place of birth. Nor does the judge tell us that he used those documents for any such purpose. The judge also does not tell us that the court took any judicial notice of any evidence (not to imply that it could). The judge did find that Obama has been certified by the state executive committee of a political party. But with the rules of evidence of superior court applying, this finding does not establish anyone’s place of birth. Hence, what evidence did the judge have to rule that Obama is born in the United States? The answer is none.”…Mario Apuzzo, Esq.
@Commykiller
For more click here, but the point is clear: somewhere Judge Malihi assumed that Dr. Taitz had allowed candidate Obama’s birth certificate to come into evidence in our case, when it did not, as it did in the other two cases. For this reason, you should set aside Judge Malihi’s recommendation and insist candidate Obama, at the very minimum, enter a certified copy of his Official Hawaiian birth certificate, with the embossed/impressed certification seal visible, into evidence in our case.
I am sure, like Judge Malihi, Mr. Secretary, you do not condone the action of the defendant in this case. Part of the action undertaken by Mr. Jablonski, I am lead to believe, was an attempt to supply you with a copy of his client’s birth certificate on an ex parte basis, in a brazen attempt to enter this document into the court file without giving the Plaintiffs access to either the records this document was created from, nor an opportunity for the Plaintiffs to offer any rebuttal. If this is true, it would represent a patently unfair process and cause all our efforts to date for a fair hearing on the issue to be questioned. Such action, if true, only serves to demonstrate candidate Obama understood only too well the key element in this case was the submission of his birth certificate to judicial scrutiny. Without proper submission of this document into evidence, all our efforts to clearly establish candidate Obama’s presidential qualifications will have been in vain.
The purpose of this lawsuit was simply to have candidate Obama’s birth certificate properly examined and reviewed in a court of law. Sadly, it seems, candidate Obama’s has been able to bamboozle your efforts in this regard if you accept the recommendation of Judge Malihi.
My recommendation is to stand firm and insist candidate Obama’s name will be taken off the Georgia ballot until such time as he can properly submit a certified copy of his birth certificate for judicial review. This course of action will send a clear message to candidate Obama, and to anyone else who would so insult the conscience of a Georgia court in such a flagrant manner, that such action should be taken only at one’s own peril.
Moreover, Mr. Secretary, the rest of the states are closely watching Georgia to see if it can preform this much needed function of vetting presidential and vice-presidential candidates at the state level rather than at the national level through the candidates own national political party.
CONCLUSION
Mr. Secretary, you, and by extension, the great State of Georgia, are at a unique point in election history where progress can be made, not to mention good law, with determined action on your part to insist candidate Barack Obama submit a certified copy of his Hawaiian birth certificate to the court, as a minimum requirement for placing his name on Georgia’s Presidential Preference Primary ballot.
Respectfully submitted,
[David Farrar]
CORRUPT and THREATENED OR BRIBED JUDGE... He obviously assessed "facts" that were not presented.. of course they weren't factual either... He completely ignored the true ruling on the definition of Natural Born Citizen.. clearly did not concern himself with "fraudulent" documents... Had any one of us not appeared, we would be sitting in Contempt and the judgement would have been against us.
ILLEGAL ALIENS are always ABOVE the law in this country.. and we, the people pay the price.
@CommyKiller
"The More Competent Lawyers"
Which multiple personality of Orly's are you speaking of? I haven't seen any competent lawyering coming from her. In fact she torpedoes every case she touches.
The only thing she is competent at is pissing off people and losing cases.
Georgia Administrative Law Judge Michael Mahili has demonstrated that his court is not about law, rather it is about men. Judge Mahili has decreed that Barck Hussein Obama is a king and not subject to the law.
This Any Rand quote about says it all:
“When you see that in order to produce, you need to obtain permission from men who produce nothing; when you see that money is flowing to those who deal, not in goods, but in favors; when you see that men get rich more easily by graft than by work, and your laws no longer protect you against them, but protect them against you. . . you may know that your society is doomed.”
Was the fake BC allwed into evidence or was it stipulated O was born in HI? If so,bad move. Obama needs to prove he was born in USA. He has not done so and if he cant, he definitely is not eligible. Even if is clear that he is not NBC if he was born on the white house steps, you wont get him removed on that issue.
The average dumbass american needs to hear evidence he was born elsewhere or gave up his citizenship when adopted or applied as a foreign student to college, then it is game on.
Until then, this nbc stuff wont work. The focus should be on proving this guys non american backgorund and then we get him out. Otherwise, these nbc cases will go nowhere and when Obama is reelected in November, you might as well shut this website down as we are done as a country and our Constitution will be amended.
Welcome to Venezuela soon to be South AFrica soon to be Zimbabwe.
If you think I am nuts, check out the birth rates of your favorite group of people.
6:31 AM, Orly hasn't lost anything. She can't lose. She's armed with the truth. You, on the the other hand, assuming you're an American, have already lost you're country.
That goes for all attorneys who decide enough is enough and file against Soetoro. No matter what these attorneys do, they can't lose. This case is a slam dunk. The legal community must be on red alert and file thousands of suits and ballot challenges.
So what happens when Brian Kemp give the "more competent lawyers" the same brush off he gives the less competent lawyers?
I guess we will get to see just how "competent" you really are huh?
It seems to me that Orly Taitz is the only lawyer who DID NOT stipulate to the unproven claim that Obama was born in Hawaii.
You wanna talk about incompetence?
The other lawyers allowed this claim to go uncontested!
Now they are upset that Obama did not comply with a subpoena to produce documents. Why should he produce documents? You already conceded that he was a US Citizen born in Hawaii. Did you not?
At least Orly Taitz was not stupid enough to do that without seeing one shred of evidence!
@Anonymous
You clearly did not watch the hearing or read the transcripts.
MALIHI'S EMAIL:
kbeal@osah.ga.gov.
revere him with respect instead of threats.
suggest he take some Continuing Education Classes with the Georgia Bar Association and his alma mater Boston U. Law School on HOW TO ISSUE SEPARATE RULINGS ON DIFFERENT DOCKETS FOR DUMMIES.
Dealio said...[Reply]
That goes for all attorneys who decide enough is enough and file against Soetoro. No matter what these attorneys do, they can't lose. This case is a slam dunk.
Yep, slam dunks, just as the past 100 or so have been.
You are living in denial, sir.
@Anonymous
I watched all of the hearings and read most or the briefs and transcripts.
Your so called "competent lawyers" got bitch slapped by a corrupt system just as Orly Taitz did.
Now let's see what you've got bigshots!
Van Irion on TRU NEWS Radio
Click arrow on Friday 2-3--12 (link to itunes)
http://www.trunews.com/listen_now.htm
We're definitely living in something and it's not America. I agree there is nothing we can do short of a revolt. We have been taken over. Those who can't see that are living in denial.
I am SICKENED by the inexplicable, mass collusion that appears to exist among our elected and appointed officials at all levels of government (who swore to uphold the U.S. Constitution), as well as among our "journalists," especially conservative ones, who profess their commitment to the truth, to enable the continuation of Obama's usurpation of the presidency! This epic fraud and injustice is gut-wrenchingly incomprehensible! Founding Father Thomas Paine's famous statement "These are the times that try men's souls," encapsulates the dire state of constitutional liberty in our time as well.
Dear People of the USA ---- WHY oh WHY do you spend countless hours reciting (what used to be) THE LAW. You must re-form the paradigm in your mind about the USA -- There is NO Constitution, there is NO Law of the Land. The REPUBLIC IS OVER. The sooner you digest this FACT, then the sooner you can Re-plan whatever it is that you want to Re-plan. Stop wasting time -- Wake Up and Buck up.
Wow, does this mean that I, too, do not have to appear and do not have to reveal requested documents? I can't wait.
I will cite this ruling.
i will load my box truck and move to the first southern/western state that decides it is time to rethink its role in the union, Texas would be my first guess, but montana is sick of federal overreach
"Wake Up and Buck up."
Oh Rhett where shall I go what shall I do?
Frankly my dear, how about Canada?
"Anonymous said...[Reply]
Wow, does this mean that I, too, do not have to appear and do not have to reveal requested documents? I can't wait.
I will cite this ruling."
Citing this ruling would not be sufficient.
The answer is it would depend on many things. Included but not necessarily limited to: Is the subpoena properly served? If so, is it enforceable? If you decide or are advised no, was there a motion to compel you to appear filed? Was it granted? Was an Order entered compelling you to appear? Did you appeal that order? Did you win or lose that appeal?
Whatever is coming down for you in America is coming to us in Canada too. The horrors of the 4th reich will be visited on all of us. If they take you down, we will be next. Do you think herr dictator will stop at the USA? There will be no safe place.
@AnonymousDefendant motioned to quash subpoena. Motion was denied.
Since Obama has refused to prove eligibility his enablers can now be called Eligibility Theorists. That's all they have, theory... actually it's not even a theory, it's a belief. A belief no better than a child's belief in the "Easter bunny". No basis in fact at all. The only FACT is that Obama refuses to prove eligibility. It is FACT that he refuses to show up in court. Who the hell can get away with that?
He was expected. Motions to dismiss and to quash the subpoena where both denied. The SOS denied him and advised him (Counsel) to appear. He was definitely expected. But he won't show up in court. Doesn't that tell you everything you need to know? Who would make should a big deal out of such a thing?
It is now a contest of wills.
Since Obama has refused to prove eligibility
Obama released his birth certificate. Twice.
@Anonymous
If it's not enforceable, which it's not, what difference does that make?
Did you see an Order to Appear? No. Why? See above.
Did Orly file a Motion to Compel? No. Would it have been granted? See first paragraph above.
Orly subpoenaed half the universe. How many showed up? Only the ones that would have shown without the subpoena. Why? For one, they were unenforceable, just as Obama's was unenforceable.
> You wanna talk about incompetence?
> The other lawyers allowed this claim to go uncontested!
Well, it was bound to happen - the "original birthers" (who still say Obama wasn't born in Hawaii) and the Vattelists (who have no problem conceding Hawaiian birth because they believe Obama having a foreign daddy is a slam dunk) have reached a point where they are hurting each other's case.
Who's right, nobody knows.
However, both sides blundered here.
The Vattelists conceded Hawaiian birth when they didn't have to.
Orly was wasting time on things that have no place in an eligibility case (such as "whose SSN is he using"). She doesn't realize this isn't/wasn't a criminal case and she isn't the DA. Even if she could prove beyond a shadow of a doubt that Obama is committing identity fraud, this would not make him ineligible on the spot. It would "only" warrant a criminal investigation.
That's why her antics w.r.t. SSN were useless.
She should have concentrated on the requirement to show an official Hawaiian BC, then try to question its validity.
Yapping about some online PDF doesn't cut it, either. This also only would mean "something's fishy" but not "he's ineligible on the spot".
But now we see the big egos on both sides shooting each other in the foot.
From Infowars.com
According To A New DHS Report
If You Love “Individual Liberty” Of If You “Believe In Conspiracy Theories” You Are A Potential Terrorist
http://www.infowars.com/according-to-a-new-dhs-report-if-you-love-%e2%80%9cindividual-liberty%e2%80%9d-of-if-you-%e2%80%9cbelieve-in-conspiracy-theories%e2%80%9d-you-are-a-potential-terrorist/
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