On Friday, February 3, 2012, Administrative Law Judge Michael M. Malihi aka Triple M, clobbered the two-citizen parent Birthers with his decision in the Farrar, Welden, Swensson, & Powell v. Obama presidential eligibility suit. Here is the decision, from the Native and Natural Born Citizenship Explored blog, which is a very good place to get legal information on the Birther issues:
No real surprises to anybody who can read. Minor v. Happersett was properly NOT recognized as PRECEDENT for resolving the issue in language lifted straight from the Ankeny decision, stating:
The Minor Court left open the issue of whether a child born within the United States of alien parent(s) is a natural born citizen.
This finding left Leo “The Paraclete” Donofrio figuratively in the following position:
Relying mostly on the Ankeny v. Governor decision from 2009 and by extension, Wong Kim Ark from 1898, the Malihi Court pretty much told the two-citizen Birthers the same thing myself and others have been telling them for quite some time. To wit:
Relying on the language of the Constitution and the historical reviews and analyses of Minor and Wong Kim Ark, the Indiana Court concluded 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. Just as a person “born within the British dominions [was] a natural-born British subject” at the time of the framing of the U.S. Constitution, so too were those “born in the allegiance of the United States natural-born citizens.”
916 N.E.2d at 688. The Indiana Court determined that a person qualifies as a natural born citizen if he was born in the United States because he became a United States citizen at birth.
For the purposes of this analysis, this Court considered that President Barack Obama was born in the United States. Therefore, as discussed in Ankeny, he became a citizen at birth and is a natural born citizen. Accordingly,
President Barack Obama is eligible as a candidate for the presidential primary election under O.C.G.A. § 21-2-5(b).
SO ORDERED, February 2012.
MICHAEL M. MALIHI, Judge
Plaintiff David Farrar seemed to have accepted the loss with the most calmness and serenity of any of the Plaintiffs.
Meanwhile, the other plaintiffs, and most of the Birther “legal experts,” are exhibiting various degrees of oral frothing, ill-tempers, and paranoia. To be on the safe side, I am reviewing and updating my Zombie Plan.
Tee Hee! Tee Hee!
Note 1: The judge’s name is Michael M. Malihi. Sooo, Triple M is a word-play on Triple H, a well known professional wrestler.
Note 2. Folding Chairs in Wrestling. Wiki says:
Many items are used as weapons in professional wrestling. Some of the more common weapons used include chairs, guitars, folding tables, title belts, “kendo sticks”, and trash cans. While picking up the upper half of the ring steps for use as a weapon is illegal, slamming an opponent into the ring steps is not considered illegal, though it is frowned upon. However, these weapons are legal in hardcore matches.
A wrestler simply hits the opponent with a chair. In modern wrestling steel/metal folding chairs are used with the strike being performed with the flat face of the chair to slow the swing and distribute the impact, to prevent injury.