Farrar Motion to dismiss by Obama is denied -- Free Republic Thread

[bsteadman]

Farrar Motion to dismiss by Obama is denied

Free Republic
Thread started 1/3/2012 by 'Elderberry'


MICHAEL M. MALIHI, Judge

"ORDER ON MOTION TO DISMISS

On December 15, 2011, Defendant, President Barack Obama, moved for dismissal of Plaintiffs' challenge to his qualifications for office. The Court has jurisdiction to hear this contested case pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." For the reasons indicated (in the post), Defendant's Motion to Dismiss is DENIED."

View the Free Republic thread at:

http://www.freerepublic.com/focus/f-chat/2828143/posts


The following is COMMENT #36 in the thread by 'bluecat6':

"This is what should be next:

“...the Secretary of State shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is requesting a hearing on the matter before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50 and shall inform the candidate of the date, time, and place of the hearing when such information becomes available. The administrative law judge shall report his or her findings to the Secretary of State. (c) The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the Secretary of State determines that the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot or strike such candidate´s name from the ballot if the ballots have been printed. ...”

Above is from here (hopefully Justia has not altered the code):

http://law.justia.com/codes/georgia/2006/21/21-2-5.html

This is the scenario every SoS was hoping to avoid. The Georgia SoS tried to put it back on the national party. Not unlike how Brian Schatz in Hawaii did in 2008 by filling out an incomplete (and hence legally worthless) form and having Pelosi submit another form with the legally required language. This judge did not let the SoS off the hook. The SoS now HAS to deal with this challenge at a state level. In writing, the SoS must notify the candidate they are now under challenge and it will go in front of an administrative law judge.

Remember - all elections are state elections. States control who and who is not on the state level ballot - even for federal office."

[bsteadman]

CONTINUED: Fararr motion to dismiss by Obama is denied -- Free Republic thread

View the Free Republic thread at:

http://www.freerepublic.com/focus/f-.../posts#comment

The following is an excerpt from COMMENT #45 on the Free Republic thread by 'bluecat6':

"As I have stated numerous times. No one in official office whats to deal with this issue. And it is not because they are evil or bad or part of a conspiracy. No one wants to be the first domino.

In reading the statute the next step of material significance is the hearing with the administrative law judge. That judge then presents their findings and details and background to the SoS. The SoS then makes the call on eligibility - based on the material from the judge.

So the next domino in this chain is the ‘administrative law judge’. If their findings are completely definitive one way or the other then the SoS has an easy call. If the findings are muddled then it will be difficult on the SoS. My bet is that input to the SoS will not be 50/50. It will lay it out one way or the other.

I do not believe the authenticity of the COLB or LFBC will be investigated. At most, they may ask Hawaii to send them actual documents. If Hawaii sends real, authentic state approved documents then Georgia will likely accept them as fact. If Hawaii does not produce documents - this could get interesting. But the real test will be if the parental requirement comes into play. If the word native is used a lot then we know what the ruling will be. If the word natural is used a lot - well, it could get interesting.

And, of course, either party can appeal and it goes to a judge in Cobb County. Which both parties will do regardless of the decision.

After the SoS decision here are the items that can be the source of an appeal to Cobb County. From the statute:

“The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the Secretary of State are:

(1) In violation of the Constitution or laws of this state;
(2) In excess of the statutory authority of the Secretary of State;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.”

So in short:
1. Administrative law judge - Facts, finding, background.
2. SoS - Decision.
3. Appellate judge - Review for significant errors by SoS in 6 categories."

[bsteadman]

CONTINUED: Fararr motion to dismiss by Obama is denied -- Free Republic thread

The following is a discussion in the Free Republic thread:

http://www.freerepublic.com/focus/f-...s?q=1&;page=51

COMMENT #51 by 'hoosiermama':

"Can a GA judge request or order a sealed document open in another state (HI)?"

REPLY COMMENT #53 by 'bluecat6':

Unsealing of court ordered sealed documents would not be a trivial exercise.

But here is the question at hand. If everything from Hawaii is on the up and up then nothing should be sealed.

But after 3 years of looking at this stuff that is hard to believe. The former governor referenced ‘sealed documents’. Documents get ‘sealed’ via court order, not because some bureaucrat wants them kept secret. So if there are ‘sealed documents’ in Hawaii it would tell this - that a change of legal identity took place. And if a change of legal identity took place it would through the entire ‘Dreams’ scenario out the window. But more importantly it would mean the Obama committed fraud when he claimed no other identities as an Illinois Senator. And if the identity were changed (and possibly changed back) due to adoption by a foreign national citizen - then nbC status would be shot.

But as a matter of record Georgia should ask Hawaii for the documents - directly! Hawaii law allows for documents to be sent to courts in other states. If Hawaii coughs them up - great. If they do not and deflect the request then double up on the popcorn and put in lots of butter. It will possibly mean that Hawaii knows the LFBC and COLB images released thus far are frauds. It is really that simple. Hawaii has never been the original source of either the COLB or LFBC and has never confirmed the released ones are authentic. The ‘chain of evidence’ of authenticity of either document image has been broken. So a ‘man-in-the-middle’ fraud is possible for either document image.

If the judge focuses their findings on jus sanguinis and not jus soli then Georgia may not ask for the documents at all as they would not be relevant."


REPLY COMMENT #55 by 'hoosiermama':

"A direct carriage of document either by of Fed Marshall or an officer of the Health Department of HI is the only was that the documentation should be allowed in court....NO ABSTRACTS....Anything else could and should be challenged. A CHAIN OF EVIDENCE MUST BE ESTABLISHED.

Yes the change of legal identity is the only legal way to seal documents...BO cannot even unseal them. But a judge can request the unsealing and distsribution of materials. It can be done either for his eyes only in a singular case or for distribution.

Yes he lied on his application to be admitted to the bar in ILL. Since he no longer has a law license, he cannot be disbarred.

OTOH There is documentation of Barry Sortoero as a citizen of Indonesia...whether it would hold up in court??? The Lolo divorce papers would be supportive. Maybe other documentation if individual will come forward with it."

--------------------------

BE SURE ALSO TO VIEW COMMENT #64 by FutureUselessEater in the same thread! It is quite complex, very informative, and the graphics are GREAT! Maybe there is indeed HOPE that BHO-II, the Marxist 'Manchurian' Muslim from Mombasa, may soon be 'frog-marched' down a long hall to a prison cell instead of 'strutting' in front of all his pathetic, fawning supporters and enablers, as we currently observe!

[bsteadman]

CONTINUED: Fararr motion to dismiss by Obama is denied -- Free Republic thread

View the Free Republic Thread at:

http://www.freerepublic.com/focus/f-...s?q=1&;page=51

The following is COMMENT #79 by 'butterdezillion' in the Free Republic thread:

(Responding to Kenny Bunk's comment -- "To achieve the desired result, which is to get this mess to the SCOTUS, the issue before the court must be "Natural Born Citizenship.")

"If so, it could be designed to pre-empt the Cold Case Posse’s report that’s due in February and is allegedly claiming that the microfilms and original BC are needed. Maybe the Obama folks would rather have this judge look at this than Sheriff Joe’s posse so they’re scurrying to make sure it happens that way.

Hard to tell. But given that the judges have all been so rotten thus far, it’s a valid question. Unfortunately, whenever things go how they’re supposed to you can’t help but smell a rat these days because it’s so rare.

Something that occurs to me, though, is this: SCOTUS is compromised. I believe it is John Roberts who is compromised. I’ve given my theories on what may have happened to compromise him as well as the other eligibility judges, John McCain, GWB, Dick Cheney, etc. But looking at Roberts’ claim that the SCOTUS justices can be trusted to know when to recuse themselves - AFTER Sotomayor and Kagan refused to recuse themselves when specifically asked to in the Hollister case (where their own positions were at issue) - I can’t help but think that Roberts is compromised.

If so, the WORST thing that could happen would be to get a case that SCOTUS had to hear. This is why the retired military guys wanted Lakin to drop the whole eligibility thing - because the system is compromised right now and if a decision is forced it will set a binding precedent that will badly damage the country.

We do eventually need to get a ruling on NBC, but it needs to come AFTER the Obama issue is already settled through LAW ENFORCEMENT and criminal investigations. Until the facts are discovered and the fraud is prosecuted, SCOTUS will still be vulnerable to Soros threats regarding this issue."