His actions have set precedence in American law that if a person is charged with a crime, the best defense, is to not show up for court. Law schools may now offer a course in "The Obama Defense".
Three separate legal teams presented evidence and witnesses to show that Obama is not eligible to run for President because he is not a natural born citizen. Obama produced no evidence, no witnesses and both he and his lawyer failed to show up for court in violation of a subpoena to do so.
Forget about what we think, whether he is, or is not a natural born citizen. Opinions don't count. Only evidence and witnesses count. But we're not dealing with rational minds in this case. We never have.
Judge Michael Malihi violated a basic rule of legal interpretation in his ruling. He violated our earliest Supreme Court ruling on how to interpret the Constitution. He ignored evidence. He ignored witnesses. He ignored earlier Supreme Court rulings establishing that the term "natural born citizen" means, one who is born in America to two American citizen parents.
The most telling sign that he was either bribed or threatened shows up in his own actions, of violating his own rulings, just four weeks apart, on the same case.
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"His opinion holds that the 14th has the exact same effect as the natural-born citizen clause, while the 14th Amendment does not include the words "natural born Citizen". Persons claiming citizenship under the 14th Amendment are deemed to be "citizens". Malihi has added the words "natural born" into the Amendment. This is absolutely forbidden, according to Malihi's own opinion in the Motion to dismiss, wherein he held: "In the absence of words of limitation, words in a statute should be given their ordinary and everyday meaning.' 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.' "
In other words, he claimed one thing on January 3, 2012 and on February 3, 2012 he wrote the exact opposite. Why would any sane man do such a thing?
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It is impossible to believe, that Judge Michael Malihi, himself, believed, he was following the constitution and legal precedent. He knows he's a crook. He knows he's a liar. He knows, that in his ancestral home country, that unlike America, he would have his head chopped off for what he did.
He ignored the Constitution and at least three US Supreme Court rulings, defining Natural born citizen as one who is born in America to two citizen parents. He ignored the Law of Nations, that the founders of this country used to draft our constitution. He ignored the countless letters, written back and forth by our founders, defining natural born citizen and their reasons for why they would only accept a natural born citizen as their President.
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The lawyers asking to keep Obama off the ballot presented evidence and witnesses. Obama showed nothing. Didn't even come. Ignored a court order. And Judge Micahel Malihi ruled in the criminal's favor.
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Judge Michael Malihi cited cases that have absolutley nothing to do with the subject matter and he totally disregarded any evidence or witnesses.
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"But there is no evidence before the Court that Obama was born in the United States. The court can only rest its finding of fact on evidence that is part of the court record. The judge tells us that he decided the merits of the plaintiffs' claims. But he does not tell us in his decision what evidence he relied upon to "consider[]" that Obama was born in the United States.
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Surely, the court did not use those "insufficient" documents as evidence of Obama's place of birth. Nor does the judge tell us that he used those documents for any such purpose. The judge also does not tell us that the court took any judicial notice of any evidence (not to imply that it could).
The judge did find that Obama has been certified by the state executive committee of a political party. But with the rules of evidence of superior court applying, this finding does not establish anyone's place of birth.
Hence, what evidence did the judge have to rule that Obama is born in the United States?
The answer is none."
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The U.S. Supreme Court in Minor v. Happersett (1875) already has told us that there was no doubt as to who could be a "natural born Citizen." In fact, there was absolutely no evidence before the court [Malihi] that Obama was born in Hawaii. And as we have seen, there was also absolutely no evidence before Judge Malihi showing the Obama was born in the United States.
The court never addressed the question of whether he was born in Hawaii. No evidence was presented to the court whether he was "born within the borders of the United States." The court never even examined that issue.
Hence, its statement that "persons born within the borders of the United States are 'natural born Citizens' for Article II, Section 1 purposes, regardless of the citizenship of their parents" does not prove that Obama was, in fact, born within the borders of the United States" and that he is therefore a "natural born Citizen."
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Under Article II, Section 1, Clause 5, Obama has the burden of proof to conclusively prove that he is a "natural born Citizen." As part of that burden, he has to conclusively prove that he was born in the United States.
Neither Obama nor his attorney appeared at the hearing to present any evidence on the issue.
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All this demonstrates that Obama was not born in the full and complete legal, political, and military allegiance and jurisdiction of the United States. He is therefore not an Article II "natural born Citizen" and cannot be placed on the Georgia primary ballot."
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Judge Michael Malihi issued his decision late in the day on a Friday. By doing this, he effectively isolates himself from any criticism, until Monday morning. Come Monday, I am sure that he will be hiding behind the skirts of his office staff.
He is not ignorant of what he has done. He turned his back on all that we cherish for a few bucks or because he is scared to death of whoever made him "an offer he can't refuse".
This weasel of a man betrayed his country, reneged on his oath of office, insulted the dignity of his profession, corrupted the legal system and by his conscious act of disloyalty to his associates, he has subjected them all to scorn and ridicule.
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Here is an interesting investigation into Judge Michael Malihi. NOTHING. Just like the man he broke his oath for, he is an invisible shadow. He has no history.
IS