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Superior Court asked to boot Obama from ballot
'At issue is nothing less than the enforcement or loss of constitutional rule of law'
WND
Bob Unruh
2/16/2012
Excerpts:
"A state Superior Court in Georgia is being asked to review and overturn Secretary of State Brian Kemp’s decision, based on a recommendation from an administrative law judge, that Barack Obama’s name be on the state’s 2012 primary ballot.
The appeal to the higher court says the recommendation from the administrative law judge, Michael Malihi, was faulty and that he allegedly to this date has refused to follow the state’s requirements regarding the case.
The appeal has been filed with the Superior Court of Georgia for the County of Fulton by Van Irion, one of several attorneys who presented evidence at a hearing held by Malihi in January.
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Citizens raising concerns include David Farrar, Leah Lax, Thomas Malaren and Laurie Roth, represented by Orly Taitz; David Weldon represented by attorney Van R. Irion of Liberty Legal Foundation; and Carl Swensson and Kevin Richard Powell, represented by J. Mark Hatfield. Cody Judy is raising a challenge because he also wants to be on the ballot.
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Irion told WND today that he’s asked Malihi why he declined to follow the Georgia Administrative Rules of Procedure 616-1-2-.39, which state, “Upon application by a party, the administrative law judge shall certify the facts to the superior court … for a determination of the appropriate action, including a finding of contempt.”
The attorney had sought that determination, but Malihi apparently ignored the request and the requirements.
He told WND that Malihi never had the authority to decide the contempt issue, but the court rules require him to certify facts to the Superior Court.
“We made our application for him to do that several days before his ruling … Malihi should have certified the facts alleged to the other court immediately. … Yet he sat on our request for days, then continued to sit on it after his ruling. When we inquired, the silence was deafening. We didn’t hear back at all. This is from a court that had previously responded to e-mails within hours, or even minutes, on every other occasion. Four days later we e-mailed again.”
He called the Malihi court’s explanation that it no longer had jurisdiction because the case had been advanced to a higher level unbelievable.
Irion’s motion for a finding of contempt explains Obama and his attorney “willfully defied” the order of the court to appear and testify during the Jan. 26 hearing.
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Filed just yesterday with the Superior Court was a motion for emergency stay of Kemp’s rubber-stamp approval of Malihi’s decision.
“At issue is nothing less than the enforcement or loss of constitutional rule of law,” he submitted to the court. “The petitioner’s right to live in a constitutional republic will be lost if the clearest terms of the U.S. Constitution will not be enforced by the judicial branch of government.”
He said if the judiciary does not take the appropriate action, “it would confirm that the judicial branch is now unwilling to enforce the clearest and most basic requirements of the U.S. Constitution.”
His appeal explains that Malihi’s opinion defies logic.
“[His] conclusion runs contrary to common sense, violates venerable rules of constitutional construction followed by the U.S. Supreme Court since its inception, and violates the explicit holding of the Supreme Court case relied upon. Had the drafters of the Constitution intended all people born in the U.S. to be considered natural born citizens, the 14th Amendment would not have been necessary. Had the drafters of the 14th Amendment intended that amendment to alter the Article II definition of natural born citizen, they would have clearly stated so. Yet the term ‘natural born citizen’ is not found anywhere within the 14th Amendment. The amendment also makes no reference to Article II. The [Malihi] ruling, therefore, violates rules of construction that the OSAH had itself relied upon just days earlier in the same litigation,” the brief explains.
It explains Malihi also ignored a Supreme Court precedent in favor of a non-binding opinion from Indiana.
Irion also argues that his client’s rights to live in a constitutional republic are being compromised when provisions of the Constitution are ignored. He noted the argument from Obama earlier in the case that he won the 2008 election.
“Contrary to popular opinion, voters are not the final arbiters of whether an individual is qualified to hold office. In a constitutional republic the power of the majority is limited and cannot infringe upon constitutionally protected rights of a minority,” the brief argues. “The Constitution is an anti-majoritarian document; meaning that it protects individuals from invasions and usurpations by the majority.”
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View the complete article at:
http://www.wnd.com/2012/02/superior-...a-from-ballot/
'At issue is nothing less than the enforcement or loss of constitutional rule of law'
WND
Bob Unruh
2/16/2012
Excerpts:
"A state Superior Court in Georgia is being asked to review and overturn Secretary of State Brian Kemp’s decision, based on a recommendation from an administrative law judge, that Barack Obama’s name be on the state’s 2012 primary ballot.
The appeal to the higher court says the recommendation from the administrative law judge, Michael Malihi, was faulty and that he allegedly to this date has refused to follow the state’s requirements regarding the case.
The appeal has been filed with the Superior Court of Georgia for the County of Fulton by Van Irion, one of several attorneys who presented evidence at a hearing held by Malihi in January.
.............................................
Citizens raising concerns include David Farrar, Leah Lax, Thomas Malaren and Laurie Roth, represented by Orly Taitz; David Weldon represented by attorney Van R. Irion of Liberty Legal Foundation; and Carl Swensson and Kevin Richard Powell, represented by J. Mark Hatfield. Cody Judy is raising a challenge because he also wants to be on the ballot.
.............................................
Irion told WND today that he’s asked Malihi why he declined to follow the Georgia Administrative Rules of Procedure 616-1-2-.39, which state, “Upon application by a party, the administrative law judge shall certify the facts to the superior court … for a determination of the appropriate action, including a finding of contempt.”
The attorney had sought that determination, but Malihi apparently ignored the request and the requirements.
He told WND that Malihi never had the authority to decide the contempt issue, but the court rules require him to certify facts to the Superior Court.
“We made our application for him to do that several days before his ruling … Malihi should have certified the facts alleged to the other court immediately. … Yet he sat on our request for days, then continued to sit on it after his ruling. When we inquired, the silence was deafening. We didn’t hear back at all. This is from a court that had previously responded to e-mails within hours, or even minutes, on every other occasion. Four days later we e-mailed again.”
He called the Malihi court’s explanation that it no longer had jurisdiction because the case had been advanced to a higher level unbelievable.
Irion’s motion for a finding of contempt explains Obama and his attorney “willfully defied” the order of the court to appear and testify during the Jan. 26 hearing.
.................................................. .
Filed just yesterday with the Superior Court was a motion for emergency stay of Kemp’s rubber-stamp approval of Malihi’s decision.
“At issue is nothing less than the enforcement or loss of constitutional rule of law,” he submitted to the court. “The petitioner’s right to live in a constitutional republic will be lost if the clearest terms of the U.S. Constitution will not be enforced by the judicial branch of government.”
He said if the judiciary does not take the appropriate action, “it would confirm that the judicial branch is now unwilling to enforce the clearest and most basic requirements of the U.S. Constitution.”
His appeal explains that Malihi’s opinion defies logic.
“[His] conclusion runs contrary to common sense, violates venerable rules of constitutional construction followed by the U.S. Supreme Court since its inception, and violates the explicit holding of the Supreme Court case relied upon. Had the drafters of the Constitution intended all people born in the U.S. to be considered natural born citizens, the 14th Amendment would not have been necessary. Had the drafters of the 14th Amendment intended that amendment to alter the Article II definition of natural born citizen, they would have clearly stated so. Yet the term ‘natural born citizen’ is not found anywhere within the 14th Amendment. The amendment also makes no reference to Article II. The [Malihi] ruling, therefore, violates rules of construction that the OSAH had itself relied upon just days earlier in the same litigation,” the brief explains.
It explains Malihi also ignored a Supreme Court precedent in favor of a non-binding opinion from Indiana.
Irion also argues that his client’s rights to live in a constitutional republic are being compromised when provisions of the Constitution are ignored. He noted the argument from Obama earlier in the case that he won the 2008 election.
“Contrary to popular opinion, voters are not the final arbiters of whether an individual is qualified to hold office. In a constitutional republic the power of the majority is limited and cannot infringe upon constitutionally protected rights of a minority,” the brief argues. “The Constitution is an anti-majoritarian document; meaning that it protects individuals from invasions and usurpations by the majority.”
.............................................
View the complete article at:
http://www.wnd.com/2012/02/superior-...a-from-ballot/