It was too good to be true.
Even before the hearing began on January 26, 2012, Georgia’s administrative law judge Michael Malihi was prepared to make a default ruling in favor of the plaintiffs for the simple reason that the defendant, Barack Obama, and his attorney skipped the hearing, thereby, forfeiting their defense.
At the time, there were some who wondered why Malihi would need several days to issue his ruling. But I remained optimistic.
I was wrong.
Today, Malihi issued his ruling in favor of Obama. And so Barry Soetoro’s name will remain on the Georgia primary election ballot.
Bill Rankin reports for The Atlanta Journal-Constitution, Feb. 3, 2012:
President Barack Obama’s name will remain on the Georgia primary ballot after a state law judge flatly rejected legal challenges that contend he can not be a candidate.
In a 10-page order, Judge Michael Malihi dismissed one challenge that contended Obama has a computer-generated Hawaiian birth certificate, a fraudulent Social Security number and invalid U.S. identification papers. He also turned back another that claimed the president is ineligible to be a candidate because his father was not a U.S. citizen at the time of Obama’s birth.
The findings by Malihi, a judge for the State Office of Administrative Hearings, go to Secretary of State Brian Kemp, who will make the final determination. Last month, at a hearing boycotted by Obama’s lawyer, Malihi considered complaints brought by members of the so-called “birther” movement.
With regard to the challenge that Obama does not have legitimate birth and identification papers, Malihi said he found the evidence “unsatisfactory” and “insufficient to support plaintiffs’ allegations.”
A number of the witnesses who testified about the alleged fraud were never qualified as experts in birth records, forged documents and document manipulation and “none … provided persuasive testimony,” Malihi wrote.
Addressing the other claim that contends Obama cannot be a candidate because his father was never a U.S. citizen, Malihi said he was persuaded by a 2009 ruling by the Indiana Court of Appeals decision that struck down a similar challenge. In that ruling, the Indiana court found that children born within the U.S. are natural-born citizens, regardless of the citizenry of their parents.
Obama “became a citizen at birth and is a natural-born citizen,” Malihi wrote. Accordingly, Obama is eligible as a candidate for the upcoming presidential primary in March, the judge said.
Even though Malihi ruled in Obama’s favor, he expressed displeasure that the president’s lawyer, Michael Jablonski of Atlanta, refused to attend the recent hearing.
“By deciding this matter on the merits, the court in no way condones the conduct or legal scholarship of defendant’s attorney, Mr. Jablonski,” Malihi wrote. “This decision is entirely based on the law, as well as the evidence and legal arguments presented at the hearing.”
Mr. Malihi, you will have to answer to God for your abominable ruling. If I ever meet you in person, I will spit on you.
Here’s his contact info:
Deputy Chief Judge Michael Malihi
Georgia Office of State Administrative Hearings
230 Peachtree St. NW, Suite 850
Atlanta, Georgia 30303
Email of Judge Malihi’s case management assistant, Valerie Ruff: email@example.com
Tel: (404) 651-7595
Fax: (404) 818-3751
H/t beloved Dave.
Got word from Carl Swensson, one of the plaintiffs, via my friend Mark McGrew:
This was round one of a 4-round fight. Swensson is appealing Malihi’s ruling to Georgia’s State Superior Court, then to the State Supreme Court, and then to the U.S. Supreme Court. So let’s gear up and let people know it’s not over.
I wrote back to Mark: “They’ll have to kill me to stop me.”
Update (Feb. 7, 2012):
Carl Swensson says Georgia’s Secretary of State Brian Kemp is siding with Malihi. The betrayal is complete.