This has to be one of the weirdest legal stories ever. Neither Obama nor his attorney show up in court the day of the Georgia eligibility hearing. Judge Malihi calls the three Birther attorneys, Orly Taitz, Mark Hatfield, and Van Irion into his chambers and offers them the choice of either taking a default judgment or proceeding to hearing against the empty chair on the other side of the courtroom. Now, if they accept a default judgment, that means they win.
Obama must then work to overturn the default judgment which is not an easy thing to do when your lawyer has filed a response in the matter, you have notice of the hearing, and no particularly good reason not to be there. Obama would then have had to fight against the rules of civil procedure and the applicable standards and laws which apply. In short, Obama would have had the burden to fight the system. The Birthers would have had their first victory, and the worst that could have happened if Obama was successful in overturning the default judgment, is that the hearing would take place at a new time.
But, the Birther attorneys elected to forego the sure victory and go to hearing. Which they then managed to lose to the empty chairs. Let’s look at the choices again:
Door Number 1. Accept a default judgment, win, and have the propaganda and bragging rights that Obama was scairt to show up in Court.
Door Number 2. Go to hearing and put your evidence into the record, and risk losing if your evidence is insufficient or the law is against you. (Which it was.)
Sooo, the three Birther attorneys opt for Door Number 2. You can’t make this crap up.
Here is a link to the decision, and the relevant is on page 2:
I suspect that the Birthers may hire new lawyers. Maybe this firm:
Tee Hee! Tee Hee!
Note 1. Default lies not in our stars. . .This is, of course, a pun on the language from William Shakespeare’s play, Julius Caesar: The fault, dear Brutus, lies not in our stars, but in ourselves if we are underlings.
I have also seen this stated as:
The fault, dear Brutus, is not in our stars, But in ourselves, that we are underlings.
Perhaps these words from the play are also applicable: You blocks, you stones, you worse than senseless things!