This website is a member of Liberty Alliance, which has been named as an company.

Georgia Ruling on Obama Eligibility Coming Soon!

Written on Thursday, February 2, 2012 by

obama oval office

On a day in the near future, we will know if our Nation is really founded as a Nation of Laws or not. Obama has stretched every aspect of our Nation, the freedoms we once shared and our sovereignty to the brink of an abyss. If Obama gets away with NOT appearing in Court, then none of us ever have to appear in a court again! What type of anarchy will there be in the United States?

We can only hope that the third branch of our Government, it is in itself a power to which we ALL must adhere to, will stand behind our US Constitution and the Laws that have prevailed for over 200 years! The question I have for each of you is, no matter if you believe he is or he is not a Natural Born Citizen, “Are we going to allow the Democratic Party to continue to snub their nose to our Constitution and of our Laws?”

It is clear all Democrats are Communists and Socialists because they do not follow or believe in the “Law of the Land.” If they were really Americans and believed in the US Constitution, they would conduct themselves in accordance with the laws of the Nation. Since they do not, we must be very careful who we vote into office. We may have only ONE MORE FREE ELECTION before we will be subjugated to Socialism. I ask you to ask everyone you know this question “Is your Democratic ideals so valuable to you, that you are willing to throw away your rights and freedoms by not supporting the Constitution of the United States of America?”

We Must Vote Out of Office ALL Liberals and here is why…

Judge Malihi moved the deadline for filing our legal briefs up to today, so today we filed two documents with Georgia’s Office of State Administrative Hearings. We expect Judge Malihi to rule promptly on this matter. As soon as he does, we will let you know both what his ruling is and what it means.

The first filing was our Proposed Findings of Fact and Conclusions of Law. This is written as a proposed order in the Judge’s voice, but it is not his order. This filing is written in this way to show how we would like the Judge to rule on the evidence and arguments we presented last Thursday in Atlanta. We showed that Obama’s father was never a citizen via several documents. We then showed Supreme Court precedent that “natural born citizen” requires two citizen parents at the time the candidate was born. We therefore propose a ruling that Obama is not Constitutionally qualified to be on the Georgia ballot for the office of President.

The second filing today was a Motion for Finding of Contempt against Obama. My message last week, Is the Judicial Branch Dead?, covered the implications of Obama’s actions last week.Never before in our history have we had a President simply ignore a court order. We have had Presidents subject to a court order more than once, but in every one of those instances, the President in question followed lawful procedure in dealing with those orders. We now have a sitting President that has openly declared that he is not subject to the Judicial Branch of our government. This is dangerous territory and our Motion urges Judge Malihi to recommend “that the Superior Court find the Defendant in willful contempt of Court, and that the Superior Court impose sanctions commensurate with an act that threatens the foundations of our Constitutional Republic.”

Please continue to help spread the word about our arguments. There is so much misinformation circulating about what a Natural Born Citizen is and what our Constitution says. Many wonder why this is even important at this point. It is important because everything is connected. If we fail to follow the Constitution in one circumstance, how can we defend upholding the Constitution in another? This is not a partisan issue, this is not a gender issue, this is not a race issue. This is a rule of law issue. Either we have rule of law in the United States or we don’t.

*From the Liberty Legal Foundation.

Posting Policy
We have no tolerance for comments containing violence, racism, vulgarity, profanity, all caps, or discourteous behavior. Thank you for partnering with us to maintain a courteous and useful public environment where we can engage in reasonable discourse. Read more.

  • daves

    Dick Cheney set the president for ignoring subpoenas.

    • daves

      precedent. :)

    • Mike

      Obama should be impeached!

    • Ladyliberty

      To me his eligibility ended when he stole a dead person’s SS card, had all his records blocked, and never produce his real birth certificate from Kenya.

      This is why we have rules in the USA…so we can rule you ineligible from the start and never have to go through this misery again. Everyone that wants to be president must show proof by birth certificate (citizenship) and college records. Congress do your jobs and dig for all the facts before you let just anyone run again!!!

    • Debby

      Actually Obama was never eligible! The far left had picked him to be their 2008 candidate back in 2003, and that is when they started trying to get the eligibility clause deleted from the U.S. Constitution. They tried to get an amendment passed on 8 different ocassions in a 22 month period of time starting in 2003. They already knew he was not eligible. The amendment to delete the eligibility clause was never passed, so I guess that’s when they came up with their scheme to defraud the American people. After all, they, along with Obama, thought that all Americans were stupid. I don’t think we were stupid about it, but I do think we were too trusting of our government. I had my suspicions about him, but once he became the nominee, I trusted that he had been vetted. I believe there were a lot of people involved in this scam. There is a lot at stake in this fight!

    • Phillip Hedo

      @ daves
      Cheney did not ignore a court order.

      I’ve noticed your posts repeatedly, and it’s clear that you’re deduction- and fact-challenged. That your childhood wasn’t pleasant is obvious: you have a very deviant view of things & people. You really SHOULD seek help for that. And remember, admitting you have a problem is always a necessary first step to recovery (though I’m not sure what can be done these days about brain atrophy. We’ll still pray for you; God knows you need it!).

    • daves

      There were several Congressional subpoenas ignored by the Vice President.

    • d rash

      You are gravely mistaken with your comment, and are comparing oranges and apples. Cheney, as he was legally allowed to do, invoked “executive privledge”, and had his attorney argue on the merits of his privledge, and the court agreed. Obama through his attorney just said, “screw it” we will not participate. A HUGE difference. On one hand, Cheney legally followed procedure, legal procedure, to get out from under the subponea, while Obama and his attorney, just “flew their middle finger at the court”! Obama needs to spend a few days in jail for contempt, and Jablonski, his attorney, needs to be disbarred!

    • Patrick Duffy

      Just as a note. Bill Clinton was prevent from invoking ‘Executive Privilege’ in the Paula Jones case because the act he was accused of committing done BEFORE he was president of the United States. In the same way, Mr. Obama cannot invoke executive privilege in a matter of his birth record, as that has nothing to do with his function as president. Cheny invoked executive privilige because he was being asked to testify according to acts commited while he was in office. There is no legal comparison between Cheny and Obama.

    • Larry Owens

      daves are you really an American? or just a obama lover. either way you do not believe our Constitution or the Rule of Law. Is obozo above the Law?

    • fieldworker

      This just goes to show me that you are a complete uneducated idot………

    • toni

      Daves, you can’t even spell so how the heck do you even know the facts or the truth????? LMAO

  • Dakota

    The U.S. Constitution does NOT cover a “natural born citizen.” Happersett is not applicable because the Wong Kim Ark case ruled a Chinese child was a natural born citizen even though his parents were both from China. You are the one who is lying. I am still amazed and disturbed that people can hate a black president so much, they continually try to say he’s ‘not one of us.’

    • Karen

      If he was a good President I wouldn’t care what color he was. It also amazes me that some people keep throwing that race card in the ring like it explains everything. Is that the only thing you have going for ya. I also find it strange that there is never any positive feedback from Obama supporters about what he has done for this country other than dismanteling it and destroying it. Give me some good solid reasons why he deserves to be sitting in the White House, why he should be leading our country, why he wouldn’t show up in court and put the whole matter to rest. His not showing up tells me he has something to hide. Race is not the issue here!

    • Bob

      Seriously guys, you’ll downvote him but you won’t argue his very reasonable point???

    • CharlieP

      Dakota: Sorry the Supreme Courts ruling in the Wong Kim ark case did not rule that the Chinese child was a “Natural Born Citizen”, but rather a Citizen much the same as a Mexican Mother crossing over in to the U S and giving birth to a child in just a day or two to ensure U S Citizenship for her new born. Such a child is a U S citizen by birth but not a natural born citizen. You are correct the U S Constitution does not define a “Natural Born Citizen”. However the U S Congrss in 1790 did pass a law that defined a “Natural Born Citizen”, which briefly said: That any child born, whose father or mother were U S Citizens were “Natural Born Citizens of the U S. Then in 1795 because it was customary for children born to parents of mixed nationalities to follow the citizenship of their fathers and most of our legislatures of that time period greatly feared that if a child born to an American mother raised in any country of the father and came to the U S and was eventually elected to the Presidency would have mixed loyalties; therefore they redefined the definition of the 1790 definition, which briefly stated that only children born abroad to an American father were considered as American Citizens. It is worthwhile mentioning that the 1795 legislation did not use the term Natural born. The 14th Amendment basically granted U S Citizenship to the Black Slave Community and specifically prohibited citizenship to children born to foreign nationals transiting the U S or children born to diplomats and their staff when assigned in the U S as well as any foreign military personnel that might be stationed in the U S. No court has ever defined a “Natural Born Citizen. The Supreme court decision that everyone keeps quoting as the Law of the Land where the Judges expressed an opinion of what constituted a “Natural Born Citizen”; is what is known as an “Obiter dictum”. In law: An opinion expressed by a judge that has only incidental bearing on the case in question and is therefore not binding. I do believe though that if this question can evr get to the Supreme Court that the opinion voiced by the judges in the 1875 case would become Law of the Land.

    • toni

      DAKOTA – guess what??? The RACE CARD does NOT work anymore you fool. LMAO.

    • Dar

      STOP THE RACIST GARBAGE! NO ONE GIVES A DAMN WHAT COLOR THE MAN IS! GET OVER IT. ALL WE SEE IS WHAT HE HAS DONE AND CONTINUES TO DO TO THIS GREAT NATION. TO SUPPORT THIS PRESIDENT IS ENEQUIVICAL INCOMPETENTENCY.

  • JERRYMATT

    MAY GOD BLESS AND WATCH OVER A TRUE HERO AND PATRIOT…JUDGE MALIHI
    IF JUDGE MALIHI IS DEFEATED…GOD HELP US ALL

  • Rhonda

    JERRYMATT I hope he can stay strong. Pray for him.

  • http://googlechrome David

    China is already making new US flags with the hammer and sickle on them by obamas orders.

  • Doodlebug

    Look, look what Eric Holder is getting away with I didn’t see much of today’s questioning but what I did see, he sure knows how to evade the questions or lie. Then he pats himself on the back for accomplishments and once blaming how bad the office was when he took over. As if that would make it o.k. that an officer got shot. I won’t be surprised if this idiot, arrogant dummicrat donkey president gets away with this too. And if he does, watch out. There will be a lot more contention in America than ever before. And if it is proven that he falsified his BC, watch the riots begin, maybe even another Civil War.

    • toni

      We lost President NIXON for SO MUCH LESS than odumbo and his corrupt cronies have done. I say there is a REVOLUTION in the works..

    • 820 RED HORSE

      It’s closer than many think,prepare,prepare,prepare. Load up with essentials,ammo,food & first aid items,water,fuel of all kinds and a secure place to store items. GOD BLESS AMERICA!!

    • Brenda

      I hate to agree with you, but I do. Nothing will get done. This administration is the most corrupt. What makes anybody think the truth will come out? Look how good they’ve been at hiding his true idenity and protecting him.

  • Lowell T.

    Thanks to the great state of Georgia and Judge Malihi. Just when I thought most judges were politicians in robes we have found one that still believes in doing his job according to the law.Don’t give up Judge or Georgia. Our freedom just might depend on your actions.

  • fieldworker

    Both, Eric Holder and Obama are above the law because the liberal media will make sure of it. They will crucify anybody that gets in the liberal way of thinking. I firmly believe that people should get together and buy up the stock in all liberal media groups and force them to tell all truths and if not, be fired on the spot….The garbage lies that spew out of most of the liberal media front men and women makes me sick….

    • del

      Get both of these corrupt doozies out of our government……hang em for treason and fraud

    • http://ThePatriotUpdate Kelly B

      We will never have enough $ to beat sorros, what we need is true american politicians, where to find them dont know, the ones up there now( both parties) are puppets for the estab. They dont give a rats ass about us or what we think. VOTE THEM ALL OUT IN NOV. & start with new, sick of old estab. politicians. PRAY FOR JUDGE

  • dave schwolow

    Does anyone really believe that Georgia will un-nullify obama? Don’t hold your breath. The man got in through lies and deceit, from some where at the top of power. The ex Gov. is in jail, Emanuel is the mayor of Chicago and lets not for get about Sores. We need to beat this man at the poles in November of 2012.

    • Libsrlintlickers

      Dave,
      Do you think that with the libs all geared up to commit MASSIVE VOTER FRAUD at the polls in November that we will really have a realistic chance of defeating this MONSTER?? We have already seen that they will STOP AT NOTHING to control the government and the American people!! We have to fight fire with fire and MAKE ABSOLUTELY SURE that Obasturd will fall by ANY means necessary! This time around, we cannot afford to lose!!
      GO NEWT in 2012!! SAVE AMERICA!!

    • 820 RED HORSE

      We need to beat this arsehole with a pole with nails driven through & staggered on the contact end!!!

  • http://facebook pat

    If the pres gets away with this,,i will never again follow a unconstitutional law..IE..seat belt,,cell phone..gun permit,,and the list goes on..if all this arrogant dicks in Washington do not need to adhere to the law..then either do we..

    • Karen

      Good thought. I even thought about that too but then I thought, yeah as if I would get away with it. I’m just a peon. If I didn’t show up to court they would send SWAT after me, tie me to a post and set me on fire. I thought the President was accountable to the people.

  • EEL RIVER KID

    if the judge finds in favor of the potus we will know every branch of the govt has been bought and sold by socalists, judge carter was the first. these judges will keep rite on trashing the rule of law. the supreme court has been bought and sold. the polite way of dodging the true answer is to say there is no standing. and kick that can on down the road!

  • Sick of Barry

    I can’t stand Obama or his Democrat Nazis. I think the country needs to split and all the Replulicans on one side and all the Democrats on the other with a DMZ zone between us, like in Korea. The Democrats would die off in about 10 years and the Republicans could start all over and would have the whole Country back again. We could then be a great Country again.

    • Patrick Duffy

      Don’t you know your history? Separating the wheat from the chaff has been tried before. Remember the Civil War? Federalism won that battle, and we have been living with the consequences ever since.

  • Sandy/LA,CA

    Where was the Democratic Party when Obama became a candidate for President. This should have all been taken care of back then!!! Don’t they do a background check on their candidates? I blame them as much as anyone in all of this!!! Heads should Roll in the Dem Party!!!

    • Brenda

      But heads won’t roll as the Democrat party is no longer Democrat…..they are now Progressives and there is a difference…….they don’t like this country, or our Constitution and laws, and want to replace it with communism…..Debbie Wasserman blahblah is one of the worst……she blithers on and on and won’t answer a question to save her soul….oh, that would be IF she had a soul, which she has sold to the devil……

    • Bob

      The Republicans didn’t have a problem with John McCain even though he was born on Panamanian soil that is no longer U.S. territory, was not born on a proper state, and there is reason to believe he was born in a civil hospital in Panama City thus making him not Constitutionally qualified to be the president. Mitt Romney would be disqualified as well (by your shaky logic) because his father was born in Colonia Dublán, Mexico thus either a) not qualifying under ‘natural born’ or b) making him an automatic holder of Mexican citizenship.

    • bruce_wicks

      Please do your homework people. The Constitution states the Presidency of the United States can only be held by the child of two natural born citizens of the United States and the Supreme Court’s decision in the late 19th century decided that it was the intent of the Founding Fathers to assure
      any president would only give allegience to the United States and no other nation. John M’s parents, both natural born citizens, were posted to a U.S. base in Panama and thus John automatically was a U.S. citizen when born. George Romney? His parents were missionaries in Mexico, both natural born citizens of the U.S. and thus George was also automatically a natural born citizen of the U.S. Neither of these men ever became citizens of another nation. If Obama is qualified for the office why has he sealed all of his records and refuses to come forward with the proof that he is qualified? It does make him suspect. We know his father was not a U.S. citizen. Let’s put politics aside and seek the truth.

  • SteveinIndiana

    fieldworker Please address your comments.. Who is an idiot, thus what comment are you not addressing your comments. Doodlebug:
    I’m not so sure riots would happen but for the very few idiots amongst us. ( they need to be locked up anyway ) Hopefully most Americans have gotten the message, Obama hates America. Too many things he has done illustrate that. Only the ignorant have no idea what is going on nor care to open their eyes and investigate.
    What would happen if they threw a riot and no cameras or reporters came? The crooked news media at present would report it of course. Simply another reason order must come to America. Fieldworker your comment about the liberal media, I agree with. It’s interesting that they don’t care about America. dave schuwolow: I agree, November is without a doubt, time to change the non representatives in government ( congress ) and the Obama organization. Everyone’s vote counts in November. If you choose to not vote, that is one less vote for “ourside” thus one more for them. God Bless America.

  • frank

    Thanks Georiga stay in there.

  • Phil

    Which is why Obama, as well as the Democratic Socialist in power, as well as within our educational system keep telling and teaching that America is a Democracy. Because in a Democracy, the rule of law is second, where in a Republic the rule of law is supreme.

  • http://windstream runningdeer

    The time to have stopped him was before he was elected. Now it is up to a higher power than one judge. He was never vetted. Why? Because of pay offs. Fear. Who did that? Because the Republican party wanted him to win. Why else did they elect to run John McCain? The man that was most likely not to win.
    The Republican’s are not all stupid. Something more is at work here than just one person who isn’t qualified to be the leader of the free world.
    I’m not a conspiracy nut job. Just a realist.
    This president is an actor. First and foremost. He was spotted to be groomed for the part and he has acted his role well. As well as the script writers want him to .
    This day he (preached) that ” Jesus would want the rich to be taxed more.” Here you can see that the 20 plus years that he spent in the church of the Reverend Wright was not wasted. He did listen well. It was Wright and black liberation theology all through.

    • Libsrlintlickers

      Runningdeer,
      I don’t think you are a conspiracy “nut job”…..This whole thing has been so well orchestrated that it is playing out like a “movie for television” or should I say a “HORROR MOVIE”!!
      I don’t think the Republicans thought a virtual unknown could be elected….Obama’s “regular guy” acting ability, the flashy smile and big promises of “change” were a slam dunk! The Republicans totally underestimated the people’s distaste for Bush and the fact that the Demoscum liberals and the organizations like ACORN were waiting for this prime opportunity to push their agenda, illegally stuff the ballot boxes and propel their Communist candidate straight into the White House! Yep, the American people (at least the stupid gullible ones) bought it, hook, line and sinker!
      Now we are literally fighting for our lives and those of our children and grandchildren! We must fully focus on the task of taking back our country and prosecuting (to the fullest extent of the law) those that intentionally lied, committed crimes, film-flammed and ripped off the American people!
      Now those will be citizens’ tax dollars well spent!! : )

    • Jo

      Nancy Pigloise was to have vetted him! In someones file is a picture of her holding his signed copy. BUT there were a whole lot of redacts through out that he did not like.

  • 820 RED HORSE

    Pray for the judge..Pray for America,,Pray for our troops..and most of all,,,,Pray for JUSTICE! GOD BLESS AMERICA!

  • BCASS2

    PLAIN AND SIMPLE, IF OBAMA DOESN’T RECOGNIZE A
    LEGAL COURT ORDER, WHY SHOULD WE RECOGNIZE OBAMA AS OUR PRESIDENT? KEEP OBAMA OFF OF THE BALLOT IN EVERY STATE UNTIL HE RECOGNIZES AND FOLLOWS OUR LAWS.

  • BCASS2

    IF OBAMA IS TAKEN OFF THE BALLOT IN GEORGIA, THE LIBS WILL PULL THE RACECARD AS USUAL, CLAIMING THAT THE REPUBLICAN PARTY IS TRYING TO KEEP THE MINORITIES FROM VOTING. NOT THE TRUTH THAT OBAMA DISRESPECTS THE LAWS OF THE LAND.

  • Pudbert_Savannah GA

    EXCELLENT article…

  • JLF

    You people are insane. Seriously. I’m no fan of Obama but criticize his policies, his leadership, shit, even his demeanor if you have to. Reaching for straws like “he’s not american” or “he’s muslim” just sounds ridiculous and bigoted whether it is because he is black, democrat or whatever. There is nothing I find more amusing than the left v right argument. Truth is, both parties formed from one party (The small government, democratic-republican party) which was in opposition to the big government Federalist Party. We now have two parties similar to the one we threw out LONG ago. One believes in big government, war & personal welfare, the other believes in big government, war & corporate welfare…..we have lost and it is not because of some made-up technicality it is because the game was rigged long ago. It is what happens when the American public only pays attention to Alpha-male, bull-shit talking, reality tv types career politicians running for office and just regurgitates everything they are told by “their side” be it left or right.

  • Is this it!

    OFFICE OF STATE ADMINISTRATIVE HEARINGS
    STATE OF GEORGIA
    CARL SWENSSON,
    Plaintiff
    V.
    BARACK OBAMA,
    Defendant
    * DOCKET NO.: OSAH-SECSTATE-CE-
    1216218-60-MALIHI
    *
    *
    OFFICE OF STATE ADMINISTRATIVE HEARINGS
    STATE OF GEORGIA
    KEVIN RICHARD POWELL,
    Plaintiff
    V. DOCKET NO.: OSAH-SECSTATE-CE-
    1216823-60-MALIHI
    BARACK OBAMA, *
    Defendant
    PLAINTIFFS’ PROPOSED FINDINGS OF FACT
    AND CONCLUSIONS OF LAW
    Plaintiffs Carl Swensson and Kevin Richard Powell each filed
    with the Georgia Secretary of State a challenge to the
    qualifications of Defendant Barack Obama to appear on the voting
    ballot in Georgia as a candidate for the Presidency of the United
    States. Plaintiffs’ challenges contend that Defendant Obama does
    not meet the “natural born Citizen” requirement of Article II,
    Page -1-
    Section 1, Clause 5 of the United States Constitution regarding
    eligibility for the presidency.
    Pursuant to Georgia law, the Office of the Secretary of
    State referred Plaintiffs’ challenges to this Court for hearings.
    Pursuant to motion of both Plaintiffs, the cases of Plaintiffs
    Swensson and Powell were consolidated for hearing and decision.
    Pursuant to proper notice to all parties, the Court
    conducted a hearing on January 26, 2012. Plaintiffs were present
    at trial and submitted into the record, through counsel, evidence
    and testimony pertaining to the issues herein. Defendant Obama
    and his attorney, however, did not appear for trial and failed to
    submit any evidence or testimony whatsoever. Pursuant to the
    motion of counsel for Plaintiffs, the record was closed at the
    conclusion of trial.
    The Court now makes the following Findings of Fact and
    Conclusions of Law in these matters:
    FINDINGS OF FACT
    1. Plaintiff Carl Swensson is a natural person residing in
    Clayton County, Georgia. He is a registered voter in the State
    of Georgia, and he is an elector eligible to vote for candidates
    for the Presidency of the United States, including presidential
    candidate Barack Obama, the Defendant herein.
    2. Pursuant to 0.C.G.A. § 21-2-5(b), Plaintiff Swensson
    timely filed with the Georgia Secretary of State a written
    Page -2-
    challenge to the qualifications of Defendant Obama to seek and
    hold the Office of the Presidency of the United States.
    Plaintiff Swensson contends that Defendant Obama does not meet
    the “natural born Citizen” eligibility requirement of Article II,
    Section I, Clause 5 of the United States Constitution.
    3. Plaintiff Kevin Richard Powell is a natural person
    residing in Gwinnett County, Georgia. He is a registered voter
    in the State of Georgia, and he is an elector eligible to vote
    for candidates for the Presidency of the United States, including
    presidential candidate Barack Obama, the Defendant herein.
    4. Pursuant to O.C.G.A. § 21-2-5(b), Plaintiff Powell
    timely filed with the Georgia Secretary of State a written
    challenge to the qualifications of Defendant Obama to seek and
    hold the Office of the Presidency of the United States.
    Plaintiff Powell contends that Defendant Obama does not meet the
    “natural born Citizen” eligibility requirement of Article II,
    Section I, Clause 5 of the United States Constitution.
    5. Defendant Barack Hussein Obama II (hereinafter “Barack
    Obama”), on or before October 31, 2011, submitted a letter to the
    Executive Committee of the Democratic Party of Georgia seeking to
    be listed on the Georgia Democratic Presidential Preference
    Primary Ballot. Consequently, on November 1, 2011, Georgia
    Democratic Party Chairman Mike Berlon submitted, pursuant to
    0.C.G.A. § 21-2-193, the name of Defendant Obama to the Georgia
    Page -3-
    Secretary of State’s Office as a candidate to be listed on the
    Georgia Democratic Presidential Preference Primary Ballot.
    6. Defendant Barack Obama was born on August 4, 1961.
    Defendant’s natural and legal mother was Stanley Ann D. Obama,
    and Defendant’s natural and legal father was Barack Hussein
    Obama.
    7. Defendant’s aforesaid father, Barack Hussein Obama, was
    born in Kenya and was a subject of Great Britain. Moreover,
    Defendant’s aforesaid father, Barack Hussein Obama, was not a
    citizen of the United States as of the date of birth of Defendant
    Obama in 1961 or at any other time whatsoever.
    8. Despite being timely served with a Notice to Produce by
    Plaintiffs’ counsel requiring Defendant to personally appear for
    trial and to bring with him certain documents for use as evidence
    by Plaintiffs at trial, Defendant Obama failed to appear for the
    trial of these matters on January 26, 2012. Likewise,
    Defendant’s attorney also failed to appear for trial. No
    evidence or testimony was introduced into the record by or on
    behalf of Defendant Obama at trial. The Court closed the record
    at the conclusion of the January 26, 2012 trial.
    9. The failure of Defendant Obama and defense counsel to
    appear for trial on January 26, 2012 was knowing and intentional,
    as demonstrated by Plaintiffs’ Exhibit 12, a January 25, 2012
    Page -4-
    letter written by defense counsel to Georgia Secretary of State
    Brian Kemp.
    CONCLUSIONS OF LAW
    1. Defendant Barack Obama, having initiated the submission
    of his name as a candidate to be listed on the Georgia Democratic
    Presidential Preference Primary Ballot, is subject to the
    jurisdiction of the Georgia Secretary of State and this Court in
    the above-captioned proceedings for the purpose of determining
    Defendant’s qualifications to seek and hold the public office for
    which he is offering. O.C.G.A. § 21-2-5.
    2. Pursuant to O.C.G.A. § 21-2-5(a), “[e]very candidate
    for federal…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.”
    3. Article II, Section I, Clause 5 of the United States
    Constitution, concerning “[e]ligibility for office of President,”
    provides in pertinent part that “[n]o Person except a natural
    born Citizen…shall be eligible to the Office of President….”
    4. The burden of proof rests entirely upon Defendant Obama
    “to affirmatively establish his eligibility for office.” See
    Haynes v. Wells, 273 Ga. 106, 108-109, 538 S.E. 2d 430, 433
    (2000). Plaintiffs are not required “to disprove anything
    Page -5-
    regarding [Defendant Obama's] eligibility to run for office….”
    Id.
    5. Because Defendant Obama, as well as his attorney,
    failed to present into the record at trial any evidence or
    testimony whatsoever concerning Defendant’s eligibility for
    office, the Court finds that Defendant has failed to carry the
    burden of proof in affirmatively establishing his eligibility for
    office, and Plaintiffs’ challenges herein should be sustained on
    that basis.
    6. Further, inasmuch as OSAH Rule 616-1-2-.30 (“Default.
    Amended.”) provides in pertinent part that “[a] default order may
    be entered against a party that fails to participate in any stage
    of a proceeding,” and in view of the deliberate failure of
    Defendant Obama and defense counsel to appear for trial on
    January 26, 2012, the Court finds Defendant in default on the
    issue of Defendant’s qualifications and eligibility for office
    pursuant to the “natural born Citizen” requirement of Article II,
    Section I, Clause 5 of the United States Constitution.
    Consequently, the Court finds that Plaintiffs’ challenges herein
    should be sustained on the additional, separate, and independent
    basis of Defendant’s default.
    7. Notwithstanding the foregoing bases for finding that
    Plaintiffs’ challenges herein should be sustained, the Court
    finds that Plaintiffs Swensson and Powell, through counsel, did
    Page -6-
    introduce into the record evidence and testimony pertaining to
    the merits of the issue of Defendant Obama’s eligibility for
    office pursuant to the “natural born Citizen” requirement of
    Article II, Section I, Clause 5 of the United States
    Constitution. Plaintiffs’ evidence established that Defendant’s
    father, Barack Hussein Obama, was born in Kenya and was a subject
    of Great Britain. Additionally, Plaintiffs established that
    Defendant’s aforesaid father, Barack Hussein Obama, was not a
    citizen of the United States as of the date of birth of Defendant
    Obama in 1961 or at any other time whatsoever.
    8. The United States Supreme Court’s decision in Minor v.
    Happersett, 88 U.S. 162, 167, 22 L. Ed. 627, 21 Wall. 162 (1875),
    is binding authority for the proposition that the Article II
    phrase “natural born Citizen” refers to a person born in the
    United States to two (2) parents who were then (at the time of
    the child’s birth) themselves United States citizens.
    9. Applying the aforesaid rule of Minor v. Happersett in
    the instant cases, the Court concludes that Defendant Obama does
    not meet the Article II “natural born Citizen” requirement for
    the presidency, as Defendant Obama’s father was not a United
    States citizen at the time of Defendant’s birth. Defendant Obama
    is therefore ineligible for the office he seeks, and the Court
    finds that Plaintiffs’ challenges herein should be sustained on
    their merits, notwithstanding the Court’s previous conclusions in
    Page -7-
    paragraphs 5 and 6 above that the Plaintiffs are entitled to
    judgment based upon the separate issues of burden of proof and
    default, respectively.
    CONCLUSION AND REPORT TO THE SECRETARY OF STATE
    For the foregoing reasons, the Court concludes and hereby
    reports to the Secretary of State that Plaintiffs’ challenges to
    the qualifications of Defendant Barack Obama should be sustained
    and upheld; that Defendant Barack Obama is not entitled to appear
    on the primary or general election ballots in the State of
    Georgia as a candidate for the Office of the President of the
    United States; and that Defendant Barack Obama’s name should be
    withheld from the presidential ballot or, if the ballots have
    been printed, should be stricken from the presidential ballot.
    This day of , 2012_
    Michael M. Malihi
    Administrative Law Judge
    Page -8-
    J ark Hatfi
    Att ney for ntiffs
    Georgia Bar No 37509
    CERTIFICATE OF SERVICE
    I, J. Mark Hatfield, Attorney for Plaintiffs, do hereby
    certify that, pursuant to the Order entered in the abovecaptioned
    matters regarding electronic service, I have this day
    served the foregoing Plaintiffs’ Proposed Findings of Fact and
    Conclusions of Law upon:
    Michael Jablonski
    michael.jablonski@comcast.net
    by email addressed thereto in order to insure proper delivery.
    This 1st day of February, 2012.
    HATFIELD & HATFIELD, P.C.
    201 Albany Avenue
    P.O. Box 1361
    Waycross, Georgia 31502
    (912) 283-3820

  • http://www.youtube.com/watch?v=20gHSO6YxQ0&feature=share Pencileraser

    We need more Kenyans in Government.
    Go Obama!