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PostPosted: Thu Jan 26, 2012 4:38 pm 
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majorbabs wrote:
esseff44 wrote:
Today, she resembled Borat more than ever! The accent, the tactics, the appearance, the absudity.


Too bad Orly isn't better known. Her "performance" today has SNL written all over it.


How about, "Lucy Ricardo, Attorney at Law, starring ORLY TAITZ !!" ?


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PostPosted: Thu Jan 26, 2012 4:39 pm 
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BFB wrote:
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Ms Daisy wrote:
When they were both finished with their cases and Orly got up, they all stood up and left the courtroom.


Any significance to that?


I had the impression that didn’t want anything to do with her horse and pony show.

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PostPosted: Thu Jan 26, 2012 4:40 pm 
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Seems to my IT-trained, non-lawyer brain that if the judge actually did offer a "default judgement" due to Jablonski not being there, then he's not only confirming the bias that Jablonski cited but basically telling an appeals court "please oh please overturn my ruling and make me a laughing stock!"

Ditto if Brian Kemp signs off on this mess.

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PostPosted: Thu Jan 26, 2012 4:40 pm 
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I think Orly and the minions/FMs need their ready excuse that Malihi was gotten to sometime between his lunch and his future recommendation. Was Holder around at his favorite coffee shop? Anyone look? I voting on Seal Team 6 as being the enforcers for the "correct recommendation" rather than the Secret Service on this one.


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PostPosted: Thu Jan 26, 2012 4:42 pm 
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Based on the consistency of the reports, I'm going to say I'm no longer skeptical and believe they are true. That said, ALJ Malihi's job is to render a recommendation to SoS Kemp, not make a "ruling" or issue any "judgments," which he does not have the authority to do.

That said, and assuming the reports are true, especially Carl's, it appears the judge gave them a win and wanted them all to go away (whether that can be a default or recommendation to remove I'll leave for when we see whatever the judge presents to the SoS).

Staying with the premise that the judge can only make a recommendation, not issue a judgment, is he not supposed to rule on what's before him in the record? Once these "attorneys" decided to make a record to preserve one for appeal (big mistake) there's nothing in this record that supports removing Obama from the GA primary preference ballot.

If he recommends removal based on the record before him he has to state that he gives no weight nor credence to anything placed in the record, and in that case, they made no case and he has to rule for Obama remaining on the ballot (at least by "law").

If he, therefore, recommends removal, based on the fact that Jablonski did not show up, then the appeal will not take long (probably won't anyway) as not only does the record support Obama staying on the record but GA law is very clear that the SoS can't remove him in any case, IMO.

This decision by Malihi (and I'm not certain that's where he would have gone regardless of Jablonski appearing or not) may give the birthers a brief "victory" but it will, IMO, certainly be short-lived.

That's my story and I'm stickin' to it. :D

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PostPosted: Thu Jan 26, 2012 4:42 pm 
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Judge: "Since the defendant is not here, and put us on notice that he is not coming, one might ask why I'm not inclined to issue a default judgement right now. And I may be so inclined."

Birthers: "No judge, we insist. Please accept our certified prima facie evidence."

Judge: "Are you sure you want to do that? You know anything you introduce as evidence will be used in my decision?"

Birthers: "Yes, your Honor. We have been waiting 4 years to introduce our evidence. It is very exigent."

Judge: "So be it."

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PostPosted: Thu Jan 26, 2012 4:43 pm 
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Reality Check wrote:
If this these reports are true then the Birthers better open their check books because this will be appealed unless Kemp overturns and the Democratic party will take it on up the chain if he does not.


In the 11Alive video clip, the reporter says she spoke to the SoS earlier this week, and that he plans to review the evidence.

If the Birthers *do* get a default, that doesn't mean they get an order saying they're *right*. No 18-page Malihi decision agreeing with what they presented; just a 1-page order saying the defendant was in default. The SoS can also produce a decision of his own, stating his findings, and there won't be a judge's opinion to rely on.

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PostPosted: Thu Jan 26, 2012 4:43 pm 
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mimi wrote:
Carl Swensson sez:

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To all my friends in battle,

The Judge pulled the lawyers for the three cases into chambers before it all began and advised them that he would be issuing a default judgment in our favor, since the Defense council failed to show, and wanted to end it there. We argued that all the evidence needed to be entered in to record so the Judge allowed for a speedy hearing where all evidence was entered into the court record. What that means is this… Any appeal, if one is even possible, would be based on the evidence provided by the lawyers in each case. Both Van Irion and My lawyer, Mark Hatfield made certain that our cases and evidence in those two cases would be closed so as not to be affiliated, in any way, with “Birther” Orly Taitz. As expected, she was an embarrassment.

Now we’re merely awaiting the publishing of this Judge’s ruling which, as previously stated, will be a Default Judgment.
In other words…we won. Now it’s time for the rest of the States to take my lead and duplicate this effort.

Carl


http://giveusliberty1776.blogspot.com/2 ... nsson.html


So the birfoons gave themselves a black eye? ?( What I want to know is, was the judge astonished they were stupid enough to enter copies of the COLB and LFBC and stipulate to their authenticity?

=))

Seriously, if they entered copies of the birth certificates into evidence and stipulated as to their validity, everything else is moot. The plaintiffs made the case for the defense with nobody speaking for the defense!


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PostPosted: Thu Jan 26, 2012 4:44 pm 
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Sorry if this is a repeat question. I have been tied up this morning and don't have time to read through the zillions of posts. Is there any idea of WHEN the "finding" by Mahili will be issued, and any speculation or knowledge if it will be public or go straight to the SoS without publication?


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PostPosted: Thu Jan 26, 2012 4:44 pm 
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BFB wrote:
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Ms Daisy wrote:
When they were both finished with their cases and Orly got up, they all stood up and left the courtroom.


Any significance to that?


Sure... they didn't want to be anywhere near anything Orly, didn't want anything she said or did rubbing off on them because they knew what was coming. Nothing more than that.

Plus, their presentations were done... no need to stay a be embarrassed by Orly.

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PostPosted: Thu Jan 26, 2012 4:45 pm 
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So what do they consider themselves to be if they are not birthers? Oh wait, *patriots*.......... =)) =))


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PostPosted: Thu Jan 26, 2012 4:48 pm 
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If this “rumor” that the Judge said he was going to enter a default judgment against Obama came from Orly, I’d like to mention that Orly also said that Judge Carter “said” he would hear her case on the merits too.

Just saying.

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PostPosted: Thu Jan 26, 2012 4:48 pm 
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Now that more than one of the attorneys have said the same thing, let us assume for the moment that Malihi did indeed offer default recommendation and that they did insist on presenting their cases anyway.

It is one thing had they simply rested. Then the "facts" of the case are, you say he isn't eligible (but offer no proof), he says nothing, the burden of proof is his, so you win. But they instead went forth and argued their case. In doing so they introduced the COLB and stipulated as to it's authenticity. Generally if one side presents their version of the facts and the other side does not dispute them or does not show, they are accepted...but in this case the facts presented demonstrate US birth.

That means that the case (barring Orly, who I think he will ignore), no longer rests on differing "facts" but rather becomes a judgment of law - and the birther version of the law (Minor) is flawed.

The question I'm asking is, if I have the burden of proof in a case, and I believe my opponents have actually met MY burden, but due to their erroneous interpretation of law they think otherwise, am I required to point that out? Or can I just rest my case?

Is the judge supposed to ignore the law as-is and accept the Plaintiff's interpretation of the law if the defendant is not present, or is it his job the apply the law as it actually is regardless of the attendance of one of the parties? If the latter, it seems to me by introducing the COLB and agreeing to its authenticity they may have torpedoed their own case, or at least made the appeal a slam-dunk.

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PostPosted: Thu Jan 26, 2012 4:49 pm 
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Xyxox wrote:

So the birfoons gave themselves a black eye? ?( What I want to know is, was the judge astonished they were stupid enough to enter copies of the COLB and LFBC and stipulate to their authenticity?

=))

Seriously, if they entered copies of the birth certificates into evidence and stipulated as to their validity, everything else is moot. The plaintiffs made the case for the defense with nobody speaking for the defense!


Exactly right, and will give the judge a chance to change what he told them behind the scenes. However, I'm not entirely sure he will use the chance give to him. Something inside me tells me he is a birther. The more I see what he does, the more I feel it. Logically, that is not sound; but intuition is as it is.


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PostPosted: Thu Jan 26, 2012 4:49 pm 
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In sales, this is called talking past the deal. When the deal is closed, you shut up and collect your money. Keep your mouth yapping, you'll talk your client right out of the sale.

](*,)

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PostPosted: Thu Jan 26, 2012 4:50 pm 
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MsDaisy wrote:
If this “rumor” that the Judge said he was going to enter a default judgment against Obama came from Orly, I’d like to mention that Orly also said that Judge Carter “said” he would hear her case on the merits too.

Just saying.


Which is a different claim than saying "I will judge in your favor." And it seems we are hearing this from many sources, which indicates they either agreed to make up this story in advance, or something was said. I believe something was said. I think boycotting this farce was legitimate.


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PostPosted: Thu Jan 26, 2012 4:52 pm 
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jtmunkus wrote:
In sales, this is called talking past the deal. When the deal is closed, you shut up and collect your money. Keep your mouth yapping, you'll talk your client right out of the sale.

](*,)


We ARE talking about birthers, remember. 1/2 of their work is show for money. 1/4 is hate for Obama. 1/4 is delusion.


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PostPosted: Thu Jan 26, 2012 4:53 pm 
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Bran Mak Morn wrote:
We ARE talking about birthers, remember. 1/2 of their work is show for money. 1/4 is hate for Obama. 1/4 is delusion.
+ 1/4 racism (I know, I am using Birfer math)

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PostPosted: Thu Jan 26, 2012 4:53 pm 
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Suranis wrote:
My dream is that Farrar fuckwit has his name forever on a case that affirms President Obama's right to be on the Georgia ballot. He could very well be the source for all the "default Judgement" bs too. That guy never could keep his mouth shut. I had him in tears one time on TPM when he claimed some young republicans were beaten up for wearing Palin pins, and I needled him for weeks about it when he presented a video just prior to the attack which showed clearly they they were not in fact wearing Palin pins or pins of any sort. He never admitted he was bullshitting at the beginning either.


That's a good dream--I'm just afraid that when this golden victory turns to shit on him he'll run away and hide his sweet, sweet birther tears...

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PostPosted: Thu Jan 26, 2012 4:53 pm 
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RSOL: Georgia Obama Ballot Challenge Plaintiff: Default Judgement Against Obama Coming:
Quote:
At this point, we have allegations that a default judgement is set to be rendered, even though I have also read that both sides are being asked to submit final paperwork by the time Judge Malihi issues his recommendation to SoS Kemp. My understanding is also that such a final recommendation would occur by early February (these dates still need to be confirmed).

So far, things are going exactly according to statute. Frankly, it was very stupid for Obama not to have had at least an intern show up to present something for the record. Why? Because when — not if — this thing escalates, the only things that the State Appellate and/or Superior Courts can consider when reviewing the cases are what’s been entered into the record.

Those of you who seethe with disgust and even hatred towards those of us who question should take note: the Plaintiffs played their hand very well with Judge Malihi. They specifically asked to have a few hours to enter their evidence into the record instead of simply allowing for a summary judgement. Nothing outside of what was presented today can be used to consider for or against Obama, going forward, in this case.

Now, some might say that it’s completely unrealistic to believe that SoS Kemp would actually strike Obama’s name from Georgia’s ballot, and that’s their prerogative. Remember, though, that States have complete and total authority, per the Constitution, to regulate elections within their respective jurisdictions as they see fit, as long as they themselves don’t violate the Constitution. In other words, it would be fantastic to see a suit involving another Court against the State for regulating their elections; I don’t think it would work very well, else all States would subsequently not be able to regulate their own elections, and, ironically, that would be unconstitutional.

IT pro Phil broke his own website; an attempt to comment results in error messages. :-bd

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PostPosted: Thu Jan 26, 2012 4:55 pm 
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My brain hurts.

This may have been answered 150 pages before but I didn't really pay that much attention to this case because I never thought it would get very far.

What exactly is the charge of this court?

I can accept the fact that since Obama did not mount a defense, the judge can accept the facts presented as true.

But the facts presented are that Obama was born in Hawaii.

Orly's dog and pony show are irrelevant. The meat of the matter here is whether we go by Vattel or not. Can this court really make that kind of legal recommendation? This has always been my fear about the birthers - eventually they would find some half drunk magistrate judge in Missisippi to buy into their stuff and start a process where Obama's attorney's have to get a decision overturned. That could be the case here, but I just don't get how this court has the authority to interpret constitutional law.


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PostPosted: Thu Jan 26, 2012 4:55 pm 
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realist wrote:
Based on the consistency of the reports, I'm going to say I'm no longer skeptical and believe they are true. That said, ALJ Malihi's job is to render a recommendation to SoS Kemp, not make a "ruling" or issue any "judgments," which he does not have the authority to do.

That said, and assuming the reports are true, especially Carl's, it appears the judge gave them a win and wanted them all to go away (whether that can be a default or recommendation to remove I'll leave for when we see whatever the judge presents to the SoS).

Staying with the premise that the judge can only make a recommendation, not issue a judgment, is he not supposed to rule on what's before him in the record? Once these "attorneys" decided to make a record to preserve one for appeal (big mistake) there's nothing in this record that supports removing Obama from the GA primary preference ballot.

If he recommends removal based on the record before him he has to state that he gives no weight nor credence to anything placed in the record, and in that case, they made no case and he has to rule for Obama remaining on the ballot (at least by "law").

If he, therefore, recommends removal, based on the fact that Jablonski did not show up, then the appeal will not take long (probably won't anyway) as not only does the record support Obama staying on the record but GA law is very clear that the SoS can't remove him in any case, IMO.

This decision by Malihi (and I'm not certain that's where he would have gone regardless of Jablonski appearing or not) may give the birthers a brief "victory" but it will, IMO, certainly be short-lived.

That's my story and I'm stickin' to it. :D


And my story is that he can buy into the whole Minor v Hepursef fairy tale as a matter of (Malihi's version of) the law. He'll do that by accepting the plaintiffs' arguments and authorities as persuasive. (Orly becomes a non-player.) The only fact he needs to find on the basis of today's record is that Obama's father was never a U.S. citizen. He can thereupon recommend that Obama be removed from the ballot because he does not meet the newly minted "two-citizen-parent" requirement.

His ruling will have nothing to do with Jablonski's no-show except to the extent that he can find that defendant provided no viable opposition to plaintiffs' claims, despite being given ample opportunity to do so.

Ultimately, the result is the same: A brief self-proclaimed victory by the birfers followed by the agony of defeat at the SoS level.

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PostPosted: Thu Jan 26, 2012 4:56 pm 
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BFB wrote:
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Ms Daisy wrote:
When they were both finished with their cases and Orly got up, they all stood up and left the courtroom.


Any significance to that?


I would guess that they did it to dissociate their scripture of the Vattelite paraclete from Orly's batshittery.

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PostPosted: Thu Jan 26, 2012 4:58 pm 
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Well, I think that it is always best to remember that birfers lie and repeat lies as readily as others would do the opposite. Even when they aren't lying, their memories of what they've been told and what they've actually been promised can differ quite a bit. After all, Marine Judge Carter promised them a trial on the merits.

Remember the birfers were drooling over default the minute Jablonski told the Georgia SoS that he would no longer be participating in the circus. That Judge Mahlihi suddenly gives them exactly what they wanted word for word reeks of the same thinking process which believes someone got to Judge Carter.

Whether Mahlihi was aware at the time how his words could be misconstrued is uncertain. However all I know is that had I ended up in that situation, with a parade of crazy in front of me and no sane opposition to object, I know I would have tried to just get it over as soon as possible. Letting the birfers get the wrong impression until they are far, far away from the courthouse Administrative Hearing Office strikes me as a very logical option.

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PostPosted: Thu Jan 26, 2012 4:59 pm 
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Naw it's talking yourself out of the deal, but close enough. Now the first two birfer cases were based on "Yeah, real BC/COLB but it don't matter, daddy not a citizen." They had no reason to not stipulate the docs were real. Orly, in her case claimed there was fake making on those docs. So we still have her on a different case in which Obama's attorney did NOT provide copy of BC or COLB.

I don't see it as cut and dried as it could/should be in a Malihi court.

Where's the Cheshire Cat?

:-#

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