Precious Liberty

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AFTER OBAMA NO-SHOW, COURT HEARING AND DEFAULT JUDGMENT, GEORGIA SECTY OF STATE BRIAN KEMP LEANING TO KEEP OBAMA OFF GEORGIA 2012 PRESIDENTIAL BALLOT

(These are updates, FULL STORY STARTS BELOW, UNDER ‘PART 3’)

Latest from Twitter >
February 2 1:30pm CST

Atty Van Irion files “Motion for Finding of Contempt” on Obama’s ignoring of court subpoena on Jan 26 http://goo.gl/WQjVz #independents

Plaintiffs’ briefs due today in Obama’s Georgia ballot eligibility case http://goo.gl/GDjuj #independents #icon #teaparty

Georgia Secty of State Brian Kemp leaning to keep Obama off Georgia 2012 ballot http://goo.gl/TPJdd #independents #tcot

Judge recommends to Georgia Secty of State that Obama not be on Georgia ballot http://goo.gl/cYJiS #citizensunited #icon

ALERT > Judge Wanted To Immediately Enter Default Judgment Against Obama http://goo.gl/aZaJ9 #independents #teaparty

BREAKING > Obama Ignores Georgia Subpoena Today, Hearing GOES ON! http://goo.gl/9IWDV #citizensunited #ocra

- - -

Latest from the web >
February 3 2:18pm CST

Some cold water on overheated birther-mania
January 27 2012 (but comments posted daily)
Brief: Ignore the title, as this post contains valuable and extensive commentary by one of the plaintiffs, David Farrar (scroll to bottom, the larger the page number, the more recent the comment)
http://goo.gl/mdV00

THE ANDREA SHEA KING SHOW - Carl Swensson
February 3 2012
Brief: The Andrea Shea King Show, interview (116 minutes) with plaintiff Carl Swensson on the details of the courtroom activities on January 26 2012
http://goo.gl/T52KH


Plaintiffs’ briefs due today in Obama’s Georgia ballot eligibility case
February 1 2012
http://goo.gl/GDjuj


From the courtroom on Jan 26 2012 >

PART 1
(Source > Obama Ballot Access Challenge Hearing – Gavel to Gavel Live Video Stream Coverage from Atlanta GA, http://cdrkerchner.wordpress.com/2012/01/26/obama-challenge-hearing-gavel-to-gavel-live-video-stream-coverage-from-atlanta-ga/)

Update 12:45 pm:  Based on watching the live feed. Obama’s attorney was a no show. Hearing was conducted without him. At least one of the attorney’s pointed out to the judge that Obama’s attorney not showing up was showing contempt to the court and to the entire judicial system.  There was a short private meeting in the Judge’s chambers prior to the start of the hearing.  The hearing ended after about two hours of presentation by the various lawyers for the plaintiff’s side including getting testimony from witnesses and presenting the court exhibits and Supreme Court case law covering the issue of natural born Citizenship and that Obama is not “natural born Citizen of the United States” and thus is not eligible to be on the GA ballot.  Atty Taitz also introduced evidence and witness testimony regarding Obama’s identity fraud activities regarding the Connecticut SSN and the forged online birth certificate.  The judge is allowing some additional time for the both sides to submit written briefs to him before he makes his decision.  As I understand it, he will decide the outcome sometime in early February.  More details will be posted as additional information is provided by those who physically attended the hearing.

Update 1:05 pm: Per telecon between G Wilmott and Dean Haskins which was relayed to me.  Dean Haskins who was in the courtroom this morning assisting with the Art 2Pac live stream. Judge Malihi talked to the attorneys in chambers before the hearing this morning and told them that he was going to enter a DEFAULT JUDGMENT against Obama and recommend that Obama’s name not be on the Georgia ballot! All the attorneys expressed a desire to put an abbreviated streamlined case on the record and the judge agreed. How does the mainstream media spin this? The Georgia Secretary of State Brian Kemp has already indicated that he will follow the judge’s recommendation. Obama will not  get any popular vote or electors from the great state of Georgia! Congratulations to all freedom-loving Americans!

Moment to moment details from inside the courtroom >
January 26, 2012
http://goo.gl/JoLlB

PART 2
(Source > Update: Obama’s Georgia Ballot Hearing: Judge Wanted To Immediately Enter Default Judgment Against Obama | Dean Haskins on the Scene at Hearing, http://networkedblogs.com/tcGhc)

As we are trying to get a quick lunch, and then do some interviews, this is just a very brief synopsis of what happened today. Before the hearing started, the judge called the attorneys into his chambers and explained that he was going to enter a default judgment in their favor. Attorneys Hatfield and Irion requested to be able to present abbreviated versions of their arguments so that they would be on the record. At that point, Irion estimated he would need 20 minutes, Hatfield estimated he would need 30 minutes, and Taitz estimated she would need 2 hours.

Van Irion and Mark Hatfield made their arguments, and left. Taitz then presented her argument, calling several witnesses, until the judge asked her to make her closing statement. As her closing statement began, the judge asked if she was testifying, and, in an unconventional move, Taitz took the witness stand to testify. The judge finally asked her just to make her closing statement, which she did.

We believe that the default judgment automatically translates into the judge’s recommendation to the Sec. Of State being that Obama should not appear on the ballot in Georgia.

PART 3
(Request letter) Obama’s attorney Michael Jablonski asking Georgia Secretary of State Brian Kemp to withdraw hearing request
http://goo.gl/TS4O4

(Response letter) Georgia Secretary of State Brian Kemp’s Response to Obama’s attorney Michael Jablonski not sounding too good for the defendant.
http://goo.gl/zBlHZ

The language Secretary of State Kemp used in his response letter didn’t indicate a whole lot of favor for attorney Michael Jablonski’s defendant President Obama: “the proceedings are appropriate” and “i do not believe such a request would be judicious” and “if you and your client choose to suspend your participation in the OSAH proceedings, please understand that you do so at your own peril.”  Republican Secty of State Kemp is clearly leaning in favor of the plantiff, in stark contrast to similar cases in other states being dismissed almost immediately.

(End of Updates, FULL STORY BELOW)

- - -

President Obama is going to court, well at least he’s been ordered to do so - officially - by Judge Michael Malihi of Atlanta, Georgia for a hearing on January 26, 2012.  Why?  President Obama’s records (or the fishy and extreme lack thereof) have apparently caught up to him and a few Georgia patriots have had enough of it.

On January 3, 2012, Deputy Chief Judge Michael Malihi of the Office of State Administrative Hearings in Atlanta Georgia denied a motion (Source: Scribd, http://goo.gl/it5t8) by President Barack Obama’s attorney Michael Jablonski asking to dismiss complaints by four Georgia citizens that Obama isn’t a natural born citizen by virtue of the fact that his father was not born in the United States (but in Kenya), is ineligible to hold the office of president and therefore should not be on the Georgia state ballot during the March presidential primary.  Three hearings will be held on January 26, 2012 in Courtroom 3, Fulton County Superior Court, 185 Central Ave. Atlanta, Georgia 30303 for the following four lawsuits:

HEARING 1
Case 1: David P. Welden v. Barack Obama
Counsel for the plaintiff is attorney Van R. Irion
(Source: Scribd, http://goo.gl/gR6wT; for details see ‘OFFICIAL DOCKET REFERENCES’ at the bottom)

HEARING 2
Case 2: Carl Swensson vs. Barack Obama
Case 3: Kevin Richard Powell v. Barack Obama
Counsel for both plaintiffs is Georgia State Rep. Mark Hatfield
(Source: Scribd, http://goo.gl/LllE2)

HEARING 3
Case 4: David Farrar, Leah Lax, Cody Judy, Thomas Malaren, Laurie Roth v. Barack Obama
Counsel for the plaintiff David Farrar is attorney Orly Taitz
(Source: Scribd, http://goo.gl/dYlNh; for details see ‘OFFICIAL DOCKET REFERENCES’ at the bottom)

* MOTION BY OBAMA’S ATTORNEY TO DISMISS COMPLAINTS - DENIED (MUST READ)
January 3, 2012
Farrar-Welden-Swensson-Powell v Obama, Order on Motion to Quash Subpoenas, Georgia Ballot Challenge
(Source: Scribd, http://goo.gl/it5t8)

* JUDGE MALIHI ORDERS OBAMA TO APPEAR AT GEORGIA HEARING SET FOR JANUARY 26, 2012
January 20, 2012
Georgia judge orders Obama to appear in court for hearing on attempt to keep him off ballot
(Source: Scribd, http://goo.gl/awg68; for details see ‘OFFICIAL DOCKET REFERENCES’ at the bottom)

All four cases were originally bundled together and scheduled to be heard in a single hearing, but later motions for separate hearings were granted, largely due to attorney Van R. Irion’s and Rep. Mark Hatfield’s relatively brief court schedule compared to attorney Orly Taitz’s lengthy schedule.



THE EXTREME IMPORTANCE OF MINOR V. HAPPERSETT AND THE TERM ‘PRECEDENT’

A distinction should be made between the approaches the three attorneys are taking.  Attorney Orly Taitz is tackling not only Obama’s natural born citizen status but also every document issue that exists with Obama, ranging from a supposed forged birth certificate to multiple fraudulent Social Security numbers - typical ‘birther’ issues.  (Source: The Mystery Of Barack Obama Continues, http://goo.gl/Xrst3 and Obama’s Missing Records, Which His Legal Team Has Spent $1.4 Million Dollars Blocking Access To, http://goo.gl/Bkv6O)

In stark contrast, Attorney Van R. Irion and Rep. Mark Hatfield will be focusing exclusively on Obama’s natural-born citizenship status, relying on “the only case in American history - Minor v. Happersett (1875) - to directly construe Article 2 Section 1’s natural-born citizen clause in determining a citizenship issue as part of it’s holding and precedent.  In this unanimous decision, the Supreme Court defined a “native or natural-born citizen” as a person born in the US to parents who were citizens; a definition which excludes from eligibility both Barack Obama and John McCain.” (Source: JustiaGate, http://goo.gl/uXFBD)

Legally, it should be noted that the term ‘precedent’ is EXTREMELY important here.  Precedent is defined as such:

In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts. Black’s Law Dictionary defines “precedent” as a “rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases.”

In other words precedent can be defined as “an already decided decision which furnishes the basis for later cases involving similar facts and issues.”

Precedent that must be applied or followed is known as ‘binding precedent’. Under the doctrine of ‘stare decisis’, a lower court must honor findings of law made by a higher court that is within the appeals path of cases the court hears. (Source: Wikipedia, http://goo.gl/pCsrG)

Stare decisis’ is a legal principle by which judges are obliged to respect the precedents established by prior decisions. The words originate from the phrasing of the principle in the Latin maxim ‘Stare decisis et non quieta movere’: “to stand by decisions and not disturb the undisturbed.”  In a legal context, this is understood to mean that courts should generally abide by precedents and not disturb settled matters.

The principle of stare decisis means that a decision made by a superior court (as the Supreme Court) is binding precedent which an inferior court cannot change. (Source: Wikipedia, http://goo.gl/hSOkT)

Therefore, what does this mean to attorney Van R. Irion, Rep. Mark Hatfield and attorney Orly Taitz?  EVERYTHING.  The U.S. Supreme Court case Minor v. Happersett (argued: February 9, 1875, decided: March 29, 1875) defined what ‘natural born citizen’ meant and thus established ‘binding precedent’.  Because this decision emanated from a Supreme Court, all lower courts must honor this decision when deciding similar cases.  And those similar cases are the four that will be heard January 26, 2012 in the (lower court) Fulton County Courthouse in Atlanta, Georgia.

Minor v. Happersett states:

“The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.” Minor v. Happersett, 88 U.S. 162, 168.  (Source: Cornell UniversityCornell Law School, Legal Information Institute, http://goo.gl/uFlfG)



OBAMA’S FATHER HAS BEEN CLEARLY ESTABLISHED AS NOT BEING A U.S. CITIZEN

It has been very clearly established, even by President Barack Obama himself, that his father was not born in the United States, but in Kenya:

Obama’s Kenyan Citizenship?
(Source: factcheck.org, http://goo.gl/K8ugF)

Dreams from My Father
(Source: Wikipedia, http://goo.gl/Cdzlk)



THE 2008 ‘SCRUBBING’ ATTEMPT OF ACCESSIBLE REFERENCES TO MINOR V. HAPPERSETT FROM A WIDELY USED LEGAL DATABASE

It might be interesting to note .. wait, exceedingly disturbing .. that way back in 2008 there was very ‘unusual’ activity going on in the highly respected legal database Justia.com.  Let’s cut to the chase (quoting from JustiaGate, by Dianna Cotter, http://goo.gl/uXFBD):

Someone was incredibly busy in June 2008 working on an illegal front invisible to the public; searching and altering Supreme Court Cases published at Justia.com which cite the only case in American history - Minor v. Happersett (1875) - to directly construe Article 2 Section 1’s natural-born citizen clause in determining a citizenship issue as part of its holding and precedent.  In this unanimous decision, the Supreme Court defined a “native or natural-born citizen” as a person born in the US to parents who were citizens; a definition which excludes from eligibility both Barack Obama and John McCain.

In June 2008 no one was discussing Minor v. Happersett 88 US 162 (1875) with regard to Obama. In fact, those who were discussing the then Senator’s citizenship status had focused instead on his birth in Hawaii in a attempt to prove the future president was not born in the United States despite publication of the Senator’s short form computer generated Birth Certificate. It would not be until October of 2008 that Barack Hussein Obama’s eligibility would be questioned as to his status as a dual citizen at the time of his birth.

Meanwhile, at the “Supreme Court Center” of the influential legal research website Justia.com, efforts were underway corrupting at least 25 Supreme Court cases by erasing references to the words “Minor V. Happersett” along with references to other relevant cases on the issue along with the insertion of misleading numerical citations.  And In two documented cases actual text was removed.

Clearly this was done in these specific cases in order to prevent their being found by internet researchers long before anyone had even begun to look for them, even before Obama would win the Democratic Nomination at the DNC Convention in Denver, Colorado in August ‘08. This is premeditation and intent to deceive.  (Source: JustiaGate, http://goo.gl/uXFBD)

Hmm .. you decide who and why.

Want to go a little deeper? Dive into Attorney Leo Donofrio’s extensive research on the vital importance of Minor v. Happersett and his discovery of the ‘scrubbing’ of Justia.com:

Multiple Instances Of Historical Scholarship Conclusively Establish The Supreme Court’s Holding In Minor v. Happersett As Standing Precedent On Citizenship – Obama Not Eligible.
October 9, 2012
(Source: Attorney Leo Donofrio’s blog, http://goo.gl/aAB22)

Justia.com Surgically Removed ‘Minor v. Happersett’ From 25 Supreme Court Opinions In Run Up To ’08 Election
October 20, 2011
(Source: Attorney Leo Donofrio’s blog, http://goo.gl/xcALa)



EPILOGUE

Tak tsk to Obama and his grassroots army of anti-American Socialist and Marxist bring-down-Capitalism-and-build-a-nanny-state confusion, ACORN-clones, SEIU helpers, 40% don’t-bother-debating-with-Obama-bots, scattered Occupy devotees, labor union thugs and the clearly insane recall-Walker Wisconsin liberal crowd out there.  (This list does not include the fresh faces Obama is currently trying to misinform and blatantly lie to via the liberal mainstream media.)  Sane America has this to say to you dear but misguided citizens:

“You can fool some of the people all of the time, and all of the people some of the time, but you can not fool all of the people all of the time.” - Abraham Lincoln



OFFICIAL DOCKET REFERENCES

HEARING 1 (Case 1)
In the Motion for Separate Hearing (http://goo.gl/dYlNh), Attorney Van Irion states:

Plaintiff Welden has already stipulated that the Defendant was born in Hawaii, that the Defendant is a U.S. Citizen, and that the Defendant was Constitutionally-qualified to serve as a U.S. Senator.  (See Welden Opp. Mtn. Dismiss at 8-9.) The other Plaintiffs (represented by atty Orly Taitz) in the consolidated cases contest all these facts. (See Farrar et al. 1st Amd. Compl.; Farrar et al. Prop. Pre-Trial Or.)  Plaintiff Welden makes no assertion regarding the Defendant’s passports, or social security number, or any other fact related to the Defendant, with the one exception of the fact that the Defendant’s father was not a U.S. citizen. The other Plaintiffs (represented by atty Orly Taitz) contest the authenticity of the Defendant’s social security number and intend to make arguments about the Defendant’s passports.

Plaintiff Welden’s legal theory relies upon one substantive fact, which has been repeatedly and publically admitted by the Defendant, and one definition from the Supreme Court. [See Minor v. Happersett, 88 U.S. 162, 167 (1875).] The other Plaintiffs (represented by atty Orly Taitz) intend to assert multiple legal theories including fraud, identify theft, and others.

Again, if Plaintiff Welden’s brief and simple complaint is heard in the same proceeding as the other Plaintiffs’ (represented by atty Orly Taitz) testimony and arguments, it will be buried like a needle in a haystack of mind-numbing legal wrangling.

(Source: Scribd, Georgia - Primary Ballot Challenge - Obama - Motion for Separate Hearing - Van Irion, http://goo.gl/dYlNh)


HEARING 2 (Case 2 and Case 3)
In the Motion for Severance and Separate Hearing (http://goo.gl/LllE2), Rep. Mark Hatfield states:

Plantiffs Swensson and Powell are challenging the candidacy of Defendant Obama on the singular ground that Defendant does not meet the “natural born citizen” requirement of Article II, Section I, Clause 5 of the United States Constitution.

Plantiffs Farrar, Lax, Judy, Malaren and Roth, however, are raising issues not only pertaining to the “natural born citizen” requirement, but also issues of Social Security and elections fraud, identity theft and issues regarding the placement of additional candidates on the Georgia ballot.  Said Plaintiffs are additionally seeking, in addition to Defendant’s removal  from the Georgia ballot, that Defendant be “prosecuted” by the Court.  Plaintiffs Swensson and Powell are not seeking anything from this Court beyond a ruling that Defendant Obama does not meet the “natural born Citizen” requirement and that Defendant be declared ineligible to be placed on the Georgia ballot for the Presidency of the United States.
 
(Source: Scribd, Kevin Powell / Carl Swensson v Barack Obama, Motion for Severance and Seperate Hearing, GA Ballot Challenge, 12-30-2011, http://goo.gl/LllE2)


HEARING 3 (Case 4)
Attorney Orly Taitz brings to the Atlanta Courts the following complaints regarding President Obama:

- Definition of natural born based on a case Minor v Happersett
- Elections fraud was committed
- Is using a forged birth certificate
- The use of a stolen or fraudulently obtained Social Security number
- No evidence to believe that the last name he is using is legally his, due to the fact, that in his mother’s passport he goes under uses the name Soebarkah and in his school registration in Indonesia he went by the last name Soetoro. There is no evidence of legal change of name.

In the Draft of Pre-Trail Order (http://goo.gl/dYlNh), Attorney Orly Taitz states:

For the reasons set forth at length in the First Amended Complaint, incorporated herein by this reference, the Plaintiffs contend that Barack Obama is not eligible tobe placed on the Ballot in the State of Georgia, and thus challenge his inclusion by the Democratic Party on the Ballot.

The following are lists of witnesses and a brief description of each witness’ expected testimony and relation to the issues for determination:

Susan Daniels (May offer affidavit from Daniels, a private investigator, regarding the results of various public records searches pertaining to candidate Obama’s birth certificate and use of a Connecticut Social Security Number.)

John Sampson (May offer affidavit from Sampson regarding the candidate’s use of a Connecticut Social Security Number.)
 
Chito Papa (May offer affidavit from Papa regarding the “birth certificate” allegedly released online by candidate Obama with particular focus on the use of the “Adobe Illustrator” software Plaintiffs allege was used to fabricate such document.)

Linda Jordan (May offer affidavit from Jordan regarding inability to verify the identity of the candidate through the “E-Verify” System.)

Gregory Hollister (May offer email from Hollister regarding inability to verify the identity of the candidate through the Social Security Number Verification Systems.)

Douglas Vogt (May offer affidavit of Vogt as to the techniques and properties of “scanning” documents, in particular relating to the scanned “birth certificate” atissue in this case.)

Orly Taitz (May testify as to authenticity of certain documents she herself obtained or created.)




SCANT REFERENCES IN THE NEWS AND MORE

Grapevine: Obama’s Birth Certificate Still in Question?
January 6, 2012
(Source: Fox, http://goo.gl/8OMlh)

Georgia judge orders Obama to appear in court for hearing on attempt to keep him off ballot
January 20, 2012
(Source: Washington Post, http://goo.gl/awg68)

AJC: Georgia Judge Michael Malihi orders President Obama to appear in “Natural Born Citizen” case
January 21, 2012
(Source: Forbes, http://goo.gl/ZpeXw)

Ga. Judge Orders President to Appear at Hearing
January 21 2012
(Source: Associated Press/ABC News, http://goo.gl/BsjLU)

Georgia judge to hear arguments on eligibility of Barack Obama on ballot; Orly Taitz hails decision
January 4, 2012
(Source: Ledger-Enquirer, http://goo.gl/mWdj6)

Letter to George Washington from John Jay regarding the insertion of the “natural born Citizen” clause into the U.S. Constitution
January 3, 2012
(Source: Judge Rules Georgia Ballot Challenge vs. Obama May Proceed – Updated, http://goo.gl/wlkLK)

* Article ii Super Pac will provide gavel to gavel LIVE VIDEO COVERAGE from the 3 ballot challenge hearings on January 26th in Atlanta Georgia starting at 9 am ET
(Source: Article II, http://goo.gl/V2bJX)

Georgia Ballot Challenge News
(Source: Article II Super PAC, http://goo.gl/2mP65)

Rise up for America
(Source: Republican Party Chairman of Clayton County, Georgia Carl Swensson’s site documenting the legal process of removing Obama from the GA ballot, http://riseupforamerica.com/)

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.
January 3, 2012
(Source: Attorney Orly Taitz Official web site, http://goo.gl/lkK5d)

American Grand Jury
(Source: Facebook fan page, http://goo.gl/3SnMH)

Obama could easily have lost Georgia eligibility case by “no-show” default
January 28 2012
http://goo.gl/NINMq

BREAKING => Two New States Massachusetts And Obama’s Very Own Illinois Challenge Barrack’s Official Ballot Eligibility.
Jan 21 2012
http://goo.gl/zyWzE

Filed under obama georgia natural born citizen natural-born citizen minor v. happersett minor vs. happersett minor versus happersett minor happersett michael jablonsk judge michael malihi michael malihi docket carl swensson kevin richard powell david welden david farrar orly taitz motion to dismiss motion to quash motion to quash subpoenas subpoena ballot georgia ballot hearing court courtroom law lawyer attorney precedent

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