Georgia judge rules Obama eligible for ballot as natural born citizen
By Linda Bentley, Maricopa County Crime Examiner via The Examiner
According to Malihi, children born within the United States to illegal aliens are natural born citizens and eligible to become President.
ATLANTA – Administrative Law Judge Michael Malihi issued his decision today in three challenges to Barack Obama’s eligibility to appear on the Georgia primary ballot.
Malihi noted neither Obama nor his Attorney Michael Jablonski appeared or answered and said ordinarily the court would enter a default judgment against a party that fails to participate in any stage of the proceeding.
“Nonetheless, despite defendant’s failure to appear, plaintiffs asked this court to decide the case on the merits of their arguments and evidence,” wrote Malihi, adding, “The court granted plaintiffs’ request.”
Malihi also said, “By deciding this matter on the merits, the court in no way condones the conduct or legal scholarship of defendant’s attorney, Mr. Jablonski,” and stated his decision was based entirely on the law as well as the evidence and legal arguments presented.
His order was in two parts.
The first part addressed plaintiffs David Farrar, Leah Lax, Cody Judy, Thomas Malaren and Laurie Roth, represented by Attorney Orly Taitz.
The second part addressed all the plaintiffs, including those represented by Taitz as well as plaintiff David Welden, represented by Attorney Van Irion, and plaintiffs Carl Swensen and Kevin Powell, represented by Attorney Mark Hatfield.
In Part I, Malihi basically discredited the eight witnesses and said he found their testimony, as well as the exhibits tendered, “to be of little, if any, probative value, and thus wholly insufficient to support plaintiffs’ allegations.”
In a footnote Malihi wrote, “The credibility of witnesses is within the sole discretion of the trier of fact. In non-jury cases that discretion lies with the judge.”
He stated, “None of the testifying witnesses provided persuasive testimony,” and said none of the written submissions submitted had any probative value.
In conclusion, Malihi stated, “Given the unsatisfactory evidence presented by the plaintiffs, the court concludes that plaintiffs’ claims are not persuasive.”
In Part II, Malihi addressed the claim by each that Obama is not a natural born citizen of the United States and is, therefore, ineligible to run in Georgia’s presidential primary election.
Malihi said he considered, for the purpose of analysis, the following facts: 1) Obama was born in the United States; 2) Obama’s mother was a citizen of the United States at the time of birth; and 3) Obama’s father was never a U.S. citizen.
It was the plaintiff’s contention, because Obama’s father was not a U.S. citizen at the time of his birth, Obama is constitutionally ineligible for the office of President of the United States.
Malihi said, “The court does not agree.”
Citing a 2009 Indiana Court of Appeals case, Arkeny v. Governor, in which plaintiffs argued “there’s a very clear distinction between ‘citizen of the United States’ and ‘natural born citizen’ and the difference involves having [two] parents of U.S. citizenship, owing no foreign allegianc.”
Pointing out the Indiana court rejected the argument that Obama was ineligible, Malihi stated, “[C]hildren born within the United States are natural born citizens, regardless of the citizenship of their parents,” and said, “This court finds the decision and analysis of Arkeny persuasive.”
While plaintiffs argued the term natural born citizen was defined in 1875 in Minor v. Happersett, Malihi said the Indiana court explained that Minor did not define natural born citizen.
He went on to say, “In deciding whether a woman was eligible to vote, the Minor court merely concluded that children born in a country of parents who were its citizens would qualify as natural born, and this court agrees. The Minor court left open the issue of whether a child born within the United States of alien parent(s) is a natural born citizen.”
Citing United States v. Wong Kim Ark, with which the Indiana court agreed, Malihi said the court extensively examined the common law of England in its decision and concluded Wong Kim Ark, who was born in the United States to alien parents, became a citizen of the United States at the time of his birth.
Malihi stated, “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.”
He wrote, “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,” and concluded, “President Barack Obama is eligible for the presidential primary election under O.C.G.A. §21-2-5(b).
Using Malihi’s analysis, anyone born in the United States is a natural born citizen.
In other words, according to Malihi, children born within the United States to illegal aliens and/or terrorists are natural born citizens and are, therefore, eligible to become President of the United States.
Malihi’s conclusion is more analogous to saying: If all dogs are mammals and all cats are mammals. Therefore, all cats are dogs.
Malihi’s decision will now go to Georgia Secretary of State Kevin Kemp for review and a final decision.
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