Wednesday, January 4, 2012

Here We Go Again: Georgia Judge Allows 2012 Challenge Of Obama’s Citizenship To Stand

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Your Black Politics reports:

Just when we thought the ‘birther’ movement and it’s ringleader, Donald Trump, were fading into oblivion, the great state of Georgia proves us wrong.

Judge Michael M. Malihi of the Georgia state Office of State Administrative Hearings ruled that President Barack Obama must meet the requirements set forth in the constitution defining “natural born citizenship.”

“The 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.,” said Malihi in his ruling.

President Obama’s attorney, Michael Jablonski, had his argument that the requirements did not apply to presidential elections summarily dismissed by the judge, who said he did not interpret the law in that way. 

“Statutory provisions must be read as they are written, and this court finds that the cases cited by [Obama] are not controlling. When the court construes a constitutional or statutory provision, the ‘first step … is to examine the plain statutory language,” the judge wrote. “Section 21-2-1(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.”

Constitutional specialists contend that because “natural born citizen” is not defined in the Constitution, at the time it was written the term would mean that both parents were born in the United States. Barack Obama, Sr. was not born in the United States, so they continue to try to dismiss Obama on that technicality.

An evidence hearing has been scheduled later this month.

Not surprisingly, Malihi reveals in his ruling that, “There are similar challenges to Obama’s 2012 candidacy being raised before state election or other commissions in Tennessee, Arizona and New Hampshire as well.”

A judge in Jefferson County, Alabama has set a hearing for a lawsuit also challenging Obama's citizenship and eligibility to be on the ballot in Alabama in November.

It seems as if the 2012 campaign is picking up just where we left off in 2008.

7 comments:

Anonymous said...

How about we withdraw federal funds from these States until they get their shit straight!

Anonymous said...

Amen!

Anonymous said...

How about everybody playing by the same rules-no prejudice allowed=do to others as you would have them do to you=cool!!

Anonymous said...

That judge's name should be changed to 'Judge Malevolent Colorist,' and he (and ALL judges) should have to take the www.racismtest.org BEFORE being allowed to pass judgement on ANYone! Too long have we people of color had to rely on the SUPPOSED goodwill of people coloristically-conditioned by institutionally racist organizations! Carol Taylor First Black U.S.A. Flight Attendant (google Ruth Carol Taylor)

James-Braque said...

Somebody should remind the Judge that Georgia has a frivolous lawsuit law, that pays triple for those that file such. Maybe the judge should enforce this on himself.

Rev. Hodges said...

What does a black man have to do to be president? Because winning the election is not enough!

American Citizen said...

Apparently the Constitution of this country and the previous ruling by the U.S. Supreme Court in, I believe in 1887 that defined what is a natural born citizen of the U.S. , is not legally valid. Therefore none of the rights, rulings or legal decisions presented in the Constitution or by any court system in the U.S. is valid. Hurray, no more tax payments, no more equal rights no more traffic violations. After all previous legal documents and laws no longer are valid. Is this what you want for this country?

An American natural born citizen.