CERTIFIGATE

Judge says Obama can be on Georgia ballot

Rejects plaintiffs demand to strike name from 2012 election

Bob Unruh joined WND in 2006 after spending nearly three decades writing on a wide range of issues for several Upper Midwest newspapers and the Associated Press. Sports, tornadoes, homicidal survivalists, and legislative battles all fell within his bailiwick. His scenic photography has been used commercially, and he sometimes plays in a church worship band.

An administrative law judge in Georgia today ruled that Barack Obama’s name can be on the state’s 2012 presidential election ballot because he was born in Hawaii, is “native born,” and thus also is “natural born” as required by the Constitution.
He cited a little-known determination by an Indiana judge.

“The Indiana court determined that a person qualifies as a natural born citizen if he was born in the United States because he became a United States citizen at birth,” wrote Michael Malihi, an administrative law judge in Atlanta.
“For the purposes of this analysis, this court considered that President Barack Obama was born in the United States. Therefore, as discussed in Arkeny, he became a citizen at birth and is a natural born citizen.”
Malihi’s decision came without any evidence being presented by Obama or his lawyer, after they snubbed the court by refusing to participate in the required hearing under a state law that mandates all candidates qualify for the office they seek.
It also allows any voter to raise a challenge, and several did. A hearing was held on their evidence on Jan. 26.
Malihi essentially tossed all of the information the plaintiffs and their attorneys presented.
“The court finds the testimony of the witnesses, as well as the exhibits tendered, to be of little, if any, probative value, and thus wholly insufficient to support plaintiffs’ allegations,” he said.
He was miffed at Obama, too, but ended up being influenced by “the law” to decide in his favor.
“Neither defendant nor his counsel, Michael Jablonski, appeared or answered. Ordinarily, the court would enter a default order against a party that fails to participate in any stage of a proceeding … Nonetheless, despite the defendant’s failure to appear, plaintiffs asked this court to decide the case on the merits of their arguments and evidence. … By deciding this matter on the merits, the court in no way condones the conduct or legal scholarship of defendant’s attorney, Mr. Jablonski,” he said.
The judge ignored plaintiffs’ suggestions that a request for a contempt citation be issued against Obama for refusing to appear as subpoenaed.
The decision can be reviewed by Secretary of State Brian Kemp, who earlier warned Obama and his attorney that to snub the Georgia court system would be at Obama’s “peril.”
Mark Hatfield, one of the attorneys who, along with Van Irion, focused on the issue of the definition of “natural born citizen,” said the judge ignored the issue of burden of proof.
“If Obama has the burden of proof, and failed to show up, clearly he didn’t carry the burden,” he told WND. “The judge here completely ignores that.”
He also noted it was highly unusual for a judge to reach into another state’s repository of court rulings to fetch something that would be supportive of the result when the U.S. Supreme Court itself has made a determination.
He said he’s hoping the Georgia secretary of state will evaluate the issue carefully, but he’s prepared to take the dispute to the appeals level.
Another attorney, Orly Taitz, represented several plaintiffs and brought in a lot of allegations about fake Social Security numbers, alternative names, and such.
She said Malihi “makes absolutely no sense.”
Under Georgia law, she said, it is up to a candidate to prove his eligibility.
“[Obama] proved nothing. He didn’t show up. He didn’t provide evidence,” she said.
The decision follows a hearing last week on concerns raised by citizens of Georgia under a state law that allows voters to challenge the eligibility of candidates on the state’s ballot. It is the states that run elections in the U.S., and national elections are just a compilation of the results of the 50 state elections.
The state law requires “every candidate for federal” office who is certified by the state executive committees of a political party or who files a notice of candidacy “shall meet the constitutional and statutory qualifications for holding the office being sought.”
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