Sunday, January 8, 2012

JUDGE RULES OBAMA MUST PROVE ELIGIBILITY TO BE ON GEORGIA BALLOT

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BREAKING NEWS

Patriots- THIS IS BIG!

ORDER ON OBAMA'S MOTION TO DISMISS DENIED

Robert Quinn robertquinn@earthlink.net


https://mail.google.com/mail/?hl=en&utm_source=en-et-more&utm_medium=et&utm_campaign=en#inbox/134bb3a9411160d1

January 3, 2012 (TPATH) - Georgia State Judge Micheal Mahili has refused the motion to dismiss a lawsuit that would require Barack Obama to prove he is eligible to run for the Office of President of the United State.

Description: President Obama's lawyers filed a motion that would keep him from presenting proof of his eligibility to be President of the United States.  THAT MOTION HAS BEEN DENIED!

PART OF THE RULING STATEMENT:
The Georgia Election Code (the "Code") mandates that "[e]very candidate for federal and state 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." O.C.G.A. § 21-2-5(a).

Both the Secretary of State and the electors of Georgia are granted the authority under the Code to challenge the qualifications of a candidate. The challenge procedures are defined in Code Section 21-2-5(b), which authorizes any elector who is eligible to vote for a candidate to challenge the qualifications of the candidate by filing a written complaint with the Secretary of State within two weeks after the deadline for qualifying. O.C.G.A. § 21-2-5(b).

Code Section 21-2-5(a) states that "every candidate for federal and state office" must meet the qualifications for holding that particular office, and this Court has seen no case law limiting this provision, nor found any language that contains an exception for the office of
president or stating that the provision does not apply to the presidential preference primary.

Accordingly, this Court finds that Defendant is a candidate for federal office who has been certified by the state executive committee of a political party, and therefore must, under
Code Section 21-2-5, meet the constitutional and statutory qualifications for holding the office being sought.

Why is this big?  For the very first time in this long and arduous process of state and local court cases where the citizens of this country have demanded that Obama prove he is eligible to be President, under our Constitution, a judge has sided with the law and ruled accordingly.

It is very possible that Hawaii may now have to show, if they have it, the long form birth certificate that Obama has claimed he photocopied the one he released in April of 2011.

The Social Security Administration may now have to release records on how and why Obama is using a Connecticut SSN.

It is possible that Obama may have to submit to questions while under oath.

Finally, this is big because it is the first brick to be pried from the wall of judicial malfeasance and media cover-up which has never before been seen in this country.

If Obama refuses to submit to deposition and / or allow inspection of his documents, the ruling of this court will not only preclude Obama's name form being on the Primary ballot in Georgia, but it would keep his party from having his name on the ballot in November.

Thank God for  Judge Mahili in Georgia. 
Now! Does this country have any other judicial or political patriots.
America is waiting to see.

Attorney Orly Taitz  has been relentless in her efforts to keep America from falling into the abyss of lawlessness like the country of her birth, the old Soviet Union.

She has been fined, ridiculed, maligned and threatened.
She has devoted her time, her money and her expertise.
She is a true American hero.
God Bless Orly Taitz!

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OFFICE OF STATE ADMINISTRATIVE HEARINGS STATE OF GEORGIAORDER 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 below, Defendant's Motion to Dismiss is    DENIED. 1

I.␣    Discussion 1.

The Georgia Election Code (the "Code") mandates that "[e]very candidate for federal and state 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." O.C.G.A. § 21-2-5(a).

2.

Both the Secretary of State and the electors of Georgia are granted the authority under the Code to challenge the qualifications of a candidate. The challenge procedures are defined in Code Section 21-2-5(b), which authorizes any elector who is eligible to vote for a candidate to challenge the qualifications of the candidate by filing a written complaint with the Secretary of State within two weeks after the deadline for qualifying. O.C.G.A. § 21-2-5(b).

3.

The Georgia law governing presidential preference primaries mandates that "[o]n a date set by the Secretary of State . . . the state executive committee of each party which is to conduct a presidential preference primary shall submit to the Secretary of State a list of the names of the candidates of such party to appear on the presidential preference primary ballot." O.C.G.A. § 21- 2-193. On October 6, 2011, Secretary Kemp issued a notice to the chairman of each political
1 Because Defendant's Motion to Dismiss is denied, in the interest of efficiency, the Court finds it unnecessary to wait for the Plaintiffs' responses before denying the motion.

Page 2 of 4

party to notify them that the deadline for submitting the list of candidate names for the 2012 presidential preference primary was November 15, 2011. On November 1, 2011, the Executive Committee of the Democratic Party submitted President Barack Obama's name as the sole candidate for the Democratic Party. To be timely, complaints challenging a presidential candidate's qualifications in the presidential preference primary had to be filed no later than November 29, 2011. Plaintiffs, as electors eligible to vote for Defendant, timely filed challenges with the Secretary of State before the deadline of November 29, 2011.

4.

In the instant motion, Defendant contends that Georgia law does not give Plaintiffs authority to challenge a political party's nominee for president in a presidential preference primary because Code Section 21-2-5 does not apply to the presidential preference primary.

5.

Statutory provisions must be read as they are written, and this Court finds that the cases cited by Defendant are not controlling. When the Court construes a constitutional or statutory provision, the "first step . . . is to examine the plain statutory language." Morrison v. Claborn, 294 Ga. App. 508, 512 (2008). "Where the language of a statute is plain and unambiguous,
judicial construction is not only unnecessary but forbidden. In the absence of words of limitation, words in a statute should be given their ordinary and everyday meaning." Six Flags Over Ga. v. Kull, 276 Ga. 210, 211 (2003) (citations and quotation marks omitted). Because there is no other "natural and reasonable construction" of the statutory language, this Court is "not authorized either to read into or to read out that which would add to or change its meaning." Blum v. Schrader, 281 Ga. 238, 240 (2006) (quotation marks omitted).

6.

Code Section 21-2-5(a) states that "every candidate for federal and state office" must meet the qualifications for holding that particular office, and this Court has seen no case law limiting this provision, nor found any language that contains an exception for the office of president or stating that the provision does not apply to the presidential preference primary. O.C.G.A. 21-2-5(a) (emphasis added). Although the word "candidate" is not explicitly defined
in the Code, Section 21-2-193 states that the political party for the presidential preference

Page 3 of 4

primary "shall submit to the Secretary of State a list of the names of the    candidates of such party to appear on the presidential preference primary ballot." O.C.G.A. 21-2-193 (emphasis added). Accordingly, this Court finds that Defendant is a candidate for federal office.

7.

Code Sections 21-2-190 to 21-2-200 set out the procedures of the presidential preference primary and also provide no exception to the Section 21-2-5 qualification requirement. This Court finds no basis under Georgia law why the qualification requirements in Section 21-2-5 would not apply to a candidate for the office of the president in the presidential preference primary.

8.

Accordingly, this Court finds that Defendant is a candidate for federal office who has been certified by the state executive committee of a political party, and therefore must, under Code Section 21-2-5, meet the constitutional and statutory qualifications for holding the office being sought.
II.␣    Decision Based on the foregoing, the motion to dismiss is    DENIED. 

SO ORDERED, this the 3rdday of January, 2012.

Page 4 of 4

MICHAEL M. MALIHI, Judge


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THANK GOD!

By Orly Taitz


January 3, 2012

http://www.orlytaitzesq.com/?p=29976

Thank you god!!! I am ready to cry! After 3 years of battle for the first time a judge ruled that Obama’s motion to dismiss is denied. I can now depose Obama and everybody else involved without any impediment.

Farrar Motion to dismiss by Obama is denied

I still can’t believe this. The order is in the link above. Judge Malihi, Deputy Chief judge of the Administrative court in GA, ruled, that Obama’s motion to dismiss is denied. He will have to stand trial and prove his eligibility for office.

This is particularly sweet, as it is happening in GA, where judge Clay D. Land maligned me so badly and attacked me with $20,000 of sanctions  in order to silence me, to stop me from challenging Obama. Judge Land was sending a message to other attorneys and intimidating them, de facto telling them, “you dare to go after Obama, raise the issue of his forged birth certificate and invalid Social Secrity number, establishment will attack you and sanction you, just like attorney Taitz”.

Now judge Malihi is sending a message: “nobody is above the law”

I am filing a motion for judicial notice in the other 5 courts, where I have cases. Please, spread the word.

I wanted to thank evrybody, who was helping me so far to repay those $20,000, who donated to help me fly to other states, including my prior flights to GA.

PS I have a professional video cassette, shot by Kevin Powell, where I together with Carl Swenssen, Kevin and a number of  GA civil rights leaders visited offices of prior governor Sonny Purdue, Attorney General, elections board, Sec of State, CNN and so on. The video cassette is in a format, that I can’t play or upload on you-tube channel. If someone knows, how to convert it, let me know, I will post it. I think, it is called  Sony  DVCAM   94 Advanced ME.

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