Unopposed Birthers lose in Georgia

Obama is a natural born citizen.

Wingnuts • February 2012 • Views: 1,961

In the administrative hearing to determine if the President was eligible to appear on the Georgia Democratic primary ballot, the President and his attorney ignored the proceedings and the Birthers still lost. In an excellent opinion, Judge Mahili found the Birthers “experts” and “evidence” utterly worthless and recognized that virtually everyone born in the United States is a “natural born citizen” regardless of the citizenship status of their parents. This is only a recommended order to the Georgia Secretary of State, but its now inconceivable that he would dare strike the President from the ballot.

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13 comments

Targetpractice Fri, Feb 3, 2012 5:00:56pm

Don't have to even get that far into the decision to see how badly Orly and company screwed the pooch. Obama and his lawyer being no-shows would have meant an automatic ruling in their favor, but they demanded the case be ruled on its merits, no doubt as a means of avoiding the whole thing falling apart in appeals. The judge proceeded to let the carnival roll along, hearing each witness, including the "experts" that Orly's totting around...and then ruled that the case has absolutely no merit and shit-canned it.

Without a doubt, there will be appeals, but this judge covered his bases well. He didn't like being shown up by the White House, but he didn't let that color his judgment. Good on him.

aagcobb Fri, Feb 3, 2012 5:07:27pm

re: #1 Targetpractice, Worst of Both Worlds

Without a doubt, there will be appeals, but this judge covered his bases well. He didn't like being shown up by the White House, but he didn't let that color his judgment. Good on him.

And those appeals will be complete failures just like every other case brought by the birthers.

Lidane Fri, Feb 3, 2012 6:21:54pm

Outraged Freepers are outraged:

[Link: www.freerepublic.com...]

calochortus Fri, Feb 3, 2012 7:06:42pm

re: #3 Lidane

Legal analysis from FR:

I guess the argument that your dad has to be a US Citizen doesn’t apply any longer. We lose...I guess it’s time to give up this angle. No way is anyone going to rule that he’s not natural born—that would screw up so much stuff they just can’t allow it.

This is presumably based on Minor v. Happersett, which if I understand it correctly, had to do with whether women were citizens, and if so, shouldn't they have the right to vote? The decision said yes they were citizens if their father was a citizen, but not all citizens could vote.
I believe we have moved on from there and women are citizens in their own right, so yeah, that doesn't apply any longer. Good call.

JamesWI Fri, Feb 3, 2012 8:24:13pm

re: #3 Lidane

Outraged Freepers are outraged:

[Link: www.freerepublic.com...]

LOL....

The only way is for the candidates to expose his ineligibility and prosecute him!

This is the last straw!
The GA judge just rules that he is nbc because he is born in Hawaii!
Never mind his bc is proven to be fake, never mind authenticating it! obozo intimidates all of them. They will never do the right thing! There is no way out except to have the candidates exposing him. Romney, Gingrich, Santorum need to gang up on Obama and challenge him in public to prove that he was born to 2 US citizens or get out of the WH!

We need to yell out to them at their campaign stops to demand that they expose obama’s ineligibility! There is no time to waste!

Please.....please try to get your candidates to do this! It would be excellent!
---

And this one is telling.....

To: iontheball
"I guess we will just have to vote the POS out in Nov."

What a shame. I was was hoping we could find a way around that. Its frightening to leave this up to the American People.
191 posted on Friday, February 03, 2012 6:00:35 PM by Doe Eyes

Can't let Democracy work! We have to try to kick him out by making shit up in the courts! And if the courts rule against us, we'll whine about how "democracy" is dead, and just ignore the delicious irony!

aagcobb Fri, Feb 3, 2012 9:20:07pm

I feel sorry for Malihi. He did his job, and now crazed birthers are maligning him across the internet as a traitor, corrupt or cowardly.

JamesWI Fri, Feb 3, 2012 9:40:38pm

re: #4 calochortus

Legal analysis from FR:

This is presumably based on Minor v. Happersett, which if I understand it correctly, had to do with whether women were citizens, and if so, shouldn't they have the right to vote? The decision said yes they were citizens if their father was a citizen, but not all citizens could vote.
I believe we have moved on from there and women are citizens in their own right, so yeah, that doesn't apply any longer. Good call.

Reading that entire case, I find that their argument is even more pathetic than I thought it was. Listening to the birthers talk about, you'd think the Supreme Court said "Only people whose parents are BOTH citizens can be considered 'natural-born.'

Here, on the other hand, is what the Court had to say about "natural-born citizens":

Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization. This is apparent from the Constitution itself, for it provides [n6] that "no person except a natural-born citizen, or a citizen of the United States at the time of the adoption of the Constitution, shall be eligible to the office of President," [n7] and that Congress shall have power "to establish a uniform rule of naturalization." Thus new citizens may be born or they may be created by naturalization.

The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their [p168] parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts.

So what the Court actually says, is that there have never been any doubts that a person born in the country, to parents who are citizens, are "natural-born". Then, the Court says that authorities have also considered anyone born in the US to be "natural-born," and that, while there have been doubts raised to that, they're not even going to bother going into it. And it doesn't go into what happens if the father is a citizen but the mother isn't, or the mother is a citizen but the father isn't.

THIS.....is their "smoking gun"???? This is what is causing them to go into a rage when the judge "ignores" the case?

Good grief. I should have expected this level of stupidity from Birthers, but still.....sometimes it surprises you.

aagcobb Fri, Feb 3, 2012 10:05:01pm

re: #7 JamesWI

Wingnuts in general, and the subset known as birthers in particular, believe what they want to believe, facts be damned.

Tigger2 Fri, Feb 3, 2012 10:21:22pm

re: #5 JamesWI

LOL...

Please...please try to get your candidates to do this! It would be excellent!
---

And this one is telling...

Can't let Democracy work! We have to try to kick him out by making shit up in the courts! And if the courts rule against us, we'll whine about how "democracy" is dead, and just ignore the delicious irony!

This one takes the cake.

"I guess the argument that your dad has to be a US Citizen doesn’t apply any longer. We lose...I guess it’s time to give up this angle. No way is anyone going to rule that he’s not natural born—that would screw up so much stuff they just can’t allow it."

What part of Obamas "Mom" being a US Citizan do these idiots not understand.

JamesWI Fri, Feb 3, 2012 10:23:46pm

re: #9 Tigger2

This one takes the cake.

"I guess the argument that your dad has to be a US Citizen doesn’t apply any longer. We lose...I guess it’s time to give up this angle. No way is anyone going to rule that he’s not natural born—that would screw up so much stuff they just can’t allow it."

What part of Obamas "Mom" being a US Citizan do these idiots not understand.

I guess they want to take us back to the days of the Founding Fathers.....specifically, back to the time when wives were considered their husband's property and not an actual "citizen."

JamesWI Fri, Feb 3, 2012 10:32:02pm

re: #9 Tigger2

Also, I liked how some of them were complaining about Malihi apparently using dicta from the previous Birther case in Indiana. (For those who are not so legally-inclined, dicta are the parts of the written judicial opinion that are not legally binding because they extend beyond the issues before the Court, but are still often considered authoritative or persuasive).

Which is ironic, considering their supposed "definition" of Natural-born citizen is...........dicta......in Minor v. Happersett.

calochortus Sat, Feb 4, 2012 8:50:21am

re: #10 JamesWI

Minor v. Happersett apparently found that women were both citizens and property... This was in the 1850s as I recall.
Women and children derived their citizenship from their husband or father as recently as the early parts of the 20th century. When my grandfather became a citizen in the early years of the century his wife and children were listed on his petition and became citizens with him.
Heck, in the 1970s adult women were charged in- or out of state tuition at some colleges based on what state their husbands were residents of. You could change your status just by getting married, without ever setting foot out of the state.

Many conservative men seem to long for those days.Women do not appear to be quite as much on board with that position.

And yes, the birthers are desperate and grasping at straws.

calochortus Sat, Feb 4, 2012 8:58:43am

Oh, there was also some excitement at FR because this decision means Bobby Jindal and Marco Rubio are also qualified to, be president and won't that just frost the liberals! Except that I don't know a single liberal who would have claimed they weren't qualified by birth as natural born citizens.

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