Clearly, it is not enough for a court to consider evidence or law. It must make a finding after having considered facts and law. The judge simply does not commit to any finding as to where Obama was born. Using the word “considered” is a cop out from actually addressing the issue.
Additionally, we know from his decision that neither Obama nor his attorney appeared at the hearing let alone introduced any evidence of Obama’s place of birth. We also know from the decision that the judge ruled that plaintiffs’ documents introduced into evidence were “of little, if any, probative value, and thus wholly insufficient to support Plaintiff’s allegations.”
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.”
Mario Apuzzo continues with well documented legal facts: “Presidential eligibility is a national issue. Under our Constitution, like the States do not have power to naturalize citizens, they also do not have power to change, add, or diminish the meaning of an Article II “natural born Citizen.”
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.”
I would like to interrupt at this point, but Mr. Apuzzo is on a roll,
“Judge Malihi has not made any findings of fact concerning the question of where Obama was born.
Obama the candidate wants to be President again. 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.
Judge Malihi found the plaintiffs’ documentary evidence to be insufficient for whatever purposes it could have been used. Nor did he find that that evidence, which includes a paper copy of the computer scan of Obama’s alleged long form birth certificate, to be sufficient to prove that Obama was born in Hawaii.
We can see from the exact words used by Judge Malihi that Obama has failed to carry his burden to conclusively prove that he was born in the United States.
Judge Malihi said that he “considered” that Obama was born in the United States. We do not know what this means and it appears that Judge Malihi attempts to avoid the issue of whether he found that Obama was born in the United States.
Clearly, “considered” does not mean “found”.
Since Obama failed to carry his burden of proof as to his place of birth and Judge Malihi’s decision actually confirms that fact, the Georgia Secretary of State should reject Judge Malihi’s decision and rule on his own that Obama not be placed on the primary ballot.
Finally, Judge Malihi incorrectly reads [the case of] Wong Kim Ark and gives controlling effect to that incorrect reading.
The time-honored American common law definition of the clause is a child born in the country to citizen parents.
There is no dispute that Obama was born to a non-U.S. citizen father (his father was a British citizen) and U.S. citizen mother. Being born to an alien father, Obama also inherited his father’s British citizenship under the British Nationality Act 1948.
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.”
Mr. Apuzzo’s brief biography: Listed in Who’s Who Among Students in American Universities and Colleges, 1978-1979. Graduated from: Wilkes University, B.A.; Temple University, J.D. Named: Outstanding Senior Scholar Athlete, Wilkes College, 1978-1979; Businessman of the Year, Italian American Police Society of New Jersey, 1996; Outstanding American of Italian Descent, Meritorious Achievement, Italian Tribune News, 1996. Pro-Bono Counsel for: National Police Defense Foundation, New Jersey, 1996-; Order Sons of Italy in America-New Jersey, 1994-.