Tag Archives: Malihi

Default Lies Not In Our Stars – (The Georgia Birther Backstory)

The Empty Chairs Got Paid More Than us???

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:

http://www.osah.ga.gov/documents/Cases/Final%20Decision%202.3.2012.PDF

I suspect that the Birthers may hire new lawyers. Maybe this firm:

One Moe Time???

Tee Hee! Tee Hee!

Squeeky Fromm
Girl Reporter

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!


Friday Nite Smackdown!!! – “Triple M” Hits Birthers With The Metal Folding Chair Of Truth!!!

As He Lay On The Mat, Mario "The Mangler" Apuzzo Pondered How He Could Spin This Loss

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:

http://nativeborncitizen.wordpress.com/2012/02/04/ga-farrar-v-obama-the-verdict-is-in/

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:

After His Signature Wrestling Move, The Minor Happersett Atomic Butt Buster, Proved A Dud, The Paraclete Foolishly Decided To Head-Butt The Metal Folding Chair

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,

CONCLUSION

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!

Squeeky Fromm
Girl Reporter

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.

Chair shot

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.

http://en.wikipedia.org/wiki/Professional_wrestling_attacks