GA Judge Rules Obama NOT ON BALLOT in Georgia !!! Who Is NObama ???

Obama Will Not Be On The Ballot In Georgia. Go, Georgia!
Posted by HM on February 3, 2012 at 11:03amView Blog

Here it is. The Georgia judge has ruled that Obama is not eligible to appear on the GA ballot. Read it for yourself.

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://smartgirlpolitics.ning.com/profiles/blogs/obama-will-not-be-on-the-ballot-in-georgia-go-georgia

http://obamareleaseyourrecords.blogspot.com/2012/02/judge-malihi-rules-against-plaintiffs.html

US Senate Resolution 511 puts the ice on it Obama has never been a Natural Born Citizen case closed
Posted on April 26, 2011 by dancingczars | 46 Comments
1 Votes
From the Obama File

What’s interesting here is that Sen. Leahy, the Chairman of the Senate Judiciary, confirms that a “natural-born” citizen is the child of American citizen parents.

Senate Judicial Committee Chairman Says Obama Not Eligible — And Obama Agrees On April 10, 2008, Sens. Patrick Leahy (D-VT) and Claire McCaskill (D-MO) introduced a resolution expressing the sense of the U.S. Senate that presidential candidate Sen. John McCain (R-AZ) was a ‘natural born Citizen,’ as specified in the Constitution and eligible to run for president. Sen. McCaskill knew Obama was not a U.S. Citizen, that’s why she introduced this bill — dressing it up to look like it was in Sen. John McCain’s cause.

It was during the bill’s hearing that Sen. Patrick Leahy, Chairman of the Senate Judiciary Committee, made the following statement:

“Because he was born to American citizens, there is no doubt in my mind that Senator McCain is a natural born citizen,” said Leahy. “I expect that this will be a unanimous resolution of the Senate.”

At a Judiciary Committee hearing on April 3, Leahy asked Homeland Security Secretary Michael Chertoff, himself a former Federal judge, if he had doubts that McCain was eligible to serve as President.

“My assumption and my understanding is that if you are born of American parents, you are naturally a natural-born American citizen,” Chertoff replied.

“That is mine, too,” said Leahy.

What’s interesting here is that Sen. Leahy, the Chairman of the Senate Judiciary, confirms that a “natural born” citizen is the child of American citizen parents.

Parents — that’s two. That’s BOTH parents.

Every time the words, “citizen” and “parent,” are used by Sen. Leahy and Sec. Chertoff, the plural case, “citizens” and “parents,” is used. The plural case is the operative case.

It is Sen. Leahy’s opinion — his own recorded words, in a formal Senate Resolution and on his U. S. Senate website — that Barack Obama is not a “natural born” citizen, and therefore not eligible to serve as Commander-in-Chief, regardless of his birthplace.

Obama had one American parent –singular — his mother. His father was a citizen of Kenya, and a subject of Great Britain.

Obama, himself, “at birth,” was a citizen of Kenya, and a subject of Great Britain — he says so on his own campaign website. This fact introduces the concept of “divided loyalties,” — the reason the founders created the eligibility requirement in the first place — a fact that further underlines Obama’s ineligibility.

The source of this information is Sen. Leahy’s own website. The webpage contains a statement about the resolution; the resolution, itself; the Statement Of Senator Patrick Leahy (D-Vt.); and an excerpt of Sec. Chertoff’s testimony.

The plural word “parents” is used four times. When used to identify the parents, the word “citizens” is used five times. That’s nine times that Sen. Leahy, on his own website describes the eligibility requirement. There is NO PLACE in any of these four documents where the singular case of “parent” or “citizen” is used.

The real purpose of this bill was to change article II, section 1, clause 5 of the Constitution of the United States with reference to the requirements of being a “natural born citizen” by the Democratic Party leadership — paving the way for an Obama run.

Both Leahy and Chertoff avoid addressing the “in the US mainland” (jus solis) element of the eligibility requirement and focus solely on parentage (Jus sanguinis) in making their arguments and by doing so bring focus to the fundamental reason Obama is not qualified. He had one American parent and one foreign parent. Barack Obama is not a natural born citizen — no matter where he was born.

Obama is a co-signer of this resolution. So, I guess he too agrees that one needs two American parents to be eligible for POTUS — except he doesn’t care — after all, he’s the Obamamessiah. Rules don’t apply to him.

http://dancingczars.wordpress.com/2011/04/26/us-senate-resolution-511-puts-the-ice-on-it-obama-has-never-been-a-natural-born-citizen-case-closed-2/

OBAMA ELIGIBILITY COURT CASE…BLOW BY BLOW

By Craig Andresen on January 26, 2012 at 9:25 am

Editor’s Note:

The hearing was before Judge Michael Malihi of the Georgia state Office of State Administrative Hearings. David Farrar, Leah Lax, Thomas Malaren and Laurie Roth, represented by California attorney Orly Taitz, who has handled numerous cases concerning Obama’s eligibility; David Weldon represented by attorney Van R. Irion of Liberty Legal Foundation; and Carl Swensson and Kevin Richard Powell, represented by J. Mark Hatfield. This hearing took place in the courthouse lacated at: 230 Peachtree Street N.W., Suite 850 Atlanta, Georgia 30303 on January 26th 2012 at 9am EST.

Docket Number: OSAH-SECSTATE-CE

1215136-60-MALIHI

Given the testimony from today’s court case in Georgia, Obama has a lot of explaining to do. His attorney, Jablonski, was a NO SHOW as of course, was Obama.

The following is a nutshell account of the proceedings:

Promptly at 9am EST, all attorneys involved in the Obama Georgia eligibility case were called to the Judge’s chambers. This was indeed a very interesting beginning to this long awaited and important case.

The case revolved around the Natural Born clause of the Constitution and whether or not Obama qualifies under it to serve. More to the point, if found ineligible, Obama’s name would not appear on the 2012 ballot in Georgia.

With the small courtroom crowded, several in attendance could be seen fanning themselves with pamphlets as they waited for the return of the attorneys and the appearance of the judge.

Obama himself, who had been subpoenaed to appear, of course was nowhere near Georgia. Instead, Obama was on a campaign swing appearing in Las Vegas and in Colorado ignoring the court in Georgia.

Over the last several weeks, Obama’s attorney, Michael Jablonski, had attempted several tactics to keep this case from moving forward. He first tried to have it dismissed, then argued that it was irrelevant to Obama. After that, Jablonski argued that a state could not, under the law, determine who would or would not be on a ballot and later, that Obama was simply too busy with the duties of office to appear.

After all these arguments were dispatched by the Georgia Court, Jablonski, in desperation, wrote to the Georgia Secretary of State attempting to place Obama above the law and declared that the case was not to he heard and neither he nor his client would participate.

Secretary of State, Brian Kemp, fired back a letter hours later telling Jablonski he was free to abandon the case and not participate but that he would do so at his and his clients peril.

Game on.

5 minutes.

10 minutes.

15 minutes with the attorneys in the judge’s chambers.

20 minutes.

It appears Jablonski is not in attendance as the attorneys return, all go to the plaintiff table 24 minutes after meeting in the judge’s chambers.

Has Obama’s attorney made good on his stated threat not to participate? Is he directly ignoring the court’s subpoena? Is he placing Obama above the law? It seems so. Were you or I subpoenaed to appear in court, would we or our attorney be allowed such action or, non action?

Certainly not.

Court is called to order.

Obama’s birth certificate is entered into evidence.

Obama’s father’s place of birth, Kenya East Africa is entered into evidence.

Pages 214 and 215 from Obama’s book, “Dreams from My Father” entered into evidence. Highlighted. This is where Obama indicates that, in 1966 or 1967 that his father’s history is mentioned. It states that his father’s passport had been revoked and he was unable to leave Kenya.

Immigration Services documents entered into evidence regarding Obama Sr.

June 27th, 1962, is the date on those documents. Obama’s father’s status shown as a non citizen of the United States. Documents were gotten through the Freedom of Information Act.

Testimony regarding the definition of Natural Born Citizen is given citing Minor vs Happersett opinion from a Supreme Court written opinion from 1875. The attorney [WHICH ATTORNEY?] points out the difference between “citizen” and “Natural Born Citizen” using charts and copies of the Minor vs Happersett opinion.

It is also pointed out that the 14th Amendment does not alter the definition or supersede the meaning of Natural Born. It is pointed out that lower court rulings do not conflict with the Supreme Court opinion nor do they over rule the Supreme Court Minor vs Happersett opinion.

The point is, to be a natural born citizen, one must have 2 parents who, at the time of the birth in question, be citizens of the United States. As Obama’s father was not a citizen, the argument is that Obama, constitutionally, is ineligible to serve as President.

Judge notes that as Obama nor his attorney is present, action will be taken accordingly.

Carl Swinson [WHO?] takes the stand.

Testimony is presented that the SOS has agreed to hear this case, laws applicable, and that the DNC of Georgia will be on the ballot and the challenge to it by Swinson.

2nd witness, a Mr. Powell, takes the stand and presents testimony regarding documents of challenge to Obama’s appearance on the Georgia ballot and his candidacy.

Court records of Obama’s mother and father entered into evidence.

Official certificate of nomination of Obama entered into evidence.

RNC certificate of nomination entered into evidence.

DNC language does NOT include language stating Obama is Qualified while the RNC document DOES. This shows a direct difference trying to establish that the DNC MAY possibly have known that Obama was not qualified.

Jablonski letter to Kemp yesterday entered into evidence showing their desire that these proceedings not take place and that they would not participate.

Dreams From My Father entered.

Mr. Allen from Tuscon AZ sworn in.

Disc received from Immigration and Naturalization Service entered into evidence. This disc contains information regarding the status of Obama’s father received through the Freedom of Information Act.

This information states clearly that Obama’s father was NEVER a U.S. Citizen.

At this point, the judge takes a recess.

The judge returns.

David Farrar takes the stand.

Evidence showing Obama’s book of records [what’s this?] listing his nationality as Indoneasan. Deemed not relevant by the judge.

Orly Taitz calls 2nd witness. Mr. Strunk.

Enters into evidence a portion of letter received from attorney showing a renewal form from Obama’s mother for her passport listing Obama’s last name something other than Obama.

State Licensed PI takes the stand.

She was hired to look into Obama’s background and found a Social Security number for him from 1977. Professional opinion given that this number was fraudulent. The number used or attached to Obama in 1977, shows that the true owner of the number was born in the 1890. This shows that the number was originally assigned to someone else who was indeed born in 1890 and should never have been used by Obama.

Same SS number came up with addresses in IL, D.C. and MA.


Next witness takes the stand.

This witness is an expert in information technology and photo shop. He testifies that the birth certificate Obama provided to the public is layered, multiple layered. This, he testifies, indicates that different parts of the certificate have been lifted from more than one original document.

Linda Jordan takes the stand.

Document entered regarding SS number assigned to Obama. SS number is not verified under E Verify. It comes back as suspected fraudulent. This is the system by which the Government verifies ones citizenship.

Next witness.

Mr. Vogt.

Expert in document imaging and scanners for 18 years.

Mr. Vogt testifies that the birth certificate, posted online by Obama, is suspicious. States white lines around all the type face is caused by “unsharp mask” in Photoshop. Testifies that any document showing this, is considered to be a fraud.

States this is a product of layering.

Mr. Vogt testifies that a straight scan of an original document would not show such layering.

Also testifies that the date stamps shown on Obama documents should not be in exact same place on various documents as they are hand stamped. Obama’s documents are all even, straight and exactly the same indicating they were NOT hand stamped but layered into the document by computer.

Next witness, Mr. Sampson a former police officer and former immigration officer specializing in immigration fraud.

Ran Obama’s SS number through database and found that the number was issued to Obama in 1977 in the state of Connecticut . Obama never resided in that state. At the time of issue, Obama was living in Hawaii.

Serial number on birth certificate is out of sequence with others issued at that hospital. Also certification is different than others and different than twins born 24 hours ahead of Obama.

Mr. Sampson also states that portion of documents regarding Mr. Soetoro, who adopted Obama have been redacted which is highly unusual with regards to immigration records.


Suggests all records from Social Security, Immigration, Hawaii birth records be made available to see if there are criminal charges to be filed or not. Without them, nothing can be ruled out.

Mr. Sampson indicates if Obama is shown not to be a citizen, he should be arrested and deported and until all records are released nobody can know for sure if he is or is not a U.S. Citizen.

Taitz shows records for Barry Soetoro aka Barack Obama, showing he resides in Hawaii and in Indonesia at the same time.

Taitz takes the stand herself.

Testifies that records indicate Obama records have been altered and he is hiding his identity and citizenship.

Taitz leaves the stand to make her closing arguments.

Taitz states that Obama should be found, because of the evidence presented, ineligible to serve as President.

And with that, the judge closes the hearing.

What can we take away from this?

It’s interesting.

Now, all of this has finally been entered OFFICIALLY into court records.

One huge question is now more than ever before, unanswered.

WHO THE HELL IS THIS GUY?

Without his attorney present, Obama’s identity, his Social Security number, his citizenship status, and his past are all OFFICIALLY in question.

One thing to which there seems no doubt. He does NOT qualify, under the definition of “Natural Born Citizen” provided by SCOTUS opinions, to be eligible to serve as President.

What will the judge decide? That is yet to be known, but it seems nearly impossible to believe, without counter testimony or evidence, because Obama and his attorney chose not to participate, that Obama will be allowed on the Georgia ballot.

It also opens the door for such cases pending or to be brought in other states as well.

Obama is in it deep and the DNC has some…a LOT…of explaining to do unless they start looking for a new candidate for 2012.

Defining “Natural Born Citizen”

http://www.thenationalpatriot.com/?p=4138

2 Responses to “GA Judge Rules Obama NOT ON BALLOT in Georgia !!! Who Is NObama ???”

  1. JJ Says:

    You know longer ‘have’ to be born in the US to be president–not really.
    You just need a BC that ‘says’ you were born here.
    Get it??
    We were always told growing up that ‘anyone’ can be president–now, thanks to traitorous Milihi, it’s true.

  2. JJ Says:

    I meant ‘no’, not know.

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