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Surprising No One, Georgia Judge Concludes the President is a Citizen

By Leah Nelson on February 6, 2012 - 3:26 pm, Posted in Conspiracies

The economy may still be limping along and the Middle East in crisis, but at least President Obama can cross one item off the list of things keeping him up at night: According to Friday’s ruling by Georgia Administrative Law Judge Michael Malihi, the president is indeed a natural-born citizen eligible to run for office in this fall’s election.

Malihi, who lacks even the authority to enforce a contempt-of-court order, wrote in a 10-page decision that the evidence presented was “wholly insufficient to support Plaintiffs’ allegations.”

Singling out attorney Orly Taitz for particular criticism, Malihi noted that the woman known as the “birther queen” had failed to show that any of her witnesses were actually experts, and that neither their testimony nor her exhibits proved her claim that the president is a former Indonesian citizen who used a fake name, stolen Social Security number, and forged birth certificate to support his candidacy.

The judge was equally unimpressed by the claims of attorneys Mark Hatfield and Van Irion, both of whom argued that while a “citizen” is anyone born on U.S. soil regardless of their parents’ citizenship, a “natural-born citizen” must be the offspring of two U.S. citizens. Since the president’s father was never a U.S. citizen, they argued, Obama is constitutionally ineligible for office.

Following the logic laid out in a 2009 decision by Indiana’s Court of Appeals, Malihi found that Obama is indeed “natural born.”

All three attorneys have vowed to fight on – and Taitz this morning filed a fresh election challenge in Indiana. (Yes, you read that right: Indiana, the very same state upon whose ruling in Obama’s favor formed the basis of Malihi’s ruling against Irion and Hatfield’s argument.) She’s also calling for Malihi’s head, urging readers of her website to call Georgia’s attorney general and “demand immediate criminal investigation of Malihi for public corruption.”

Ever suspicious, Taitz also asked on her website if anyone knew what the judge’s middle initial, M, stands for.

No one seems to know for sure. But one of her followers has a theory: Based on the 2003 obituary of a Massachusetts man named Hassan Malihi (beloved father of Ladan Khamsi, and Ali, Reza and Mahmood Malihi, but conspicuously not of anyone named Michael), there’s a pretty good chance the judge is an Iranian using a fake name! “Mahmood Malihi is Judge Michael,” proclaims a response posted on Taitz’s website.

And so, the show goes on.

  • Erika

    A.D.M. – George Romney should have been elgible for the Presidency as a natural born citizen for the same reason that John McCain was – being the child of U.S. Citizen parents (in fact, one of the silliest things about the birthers is that even if Obama was born in Kenya, he’d still be a natural born U.S. citizen based upon his mother’s citizenship).

    Mitt is obviously elgible to become President – parents citizenship is completely irrelevant to persons born on U.S. soil’s citizenship

  • A.D.M.

    Thanks, Erika. Also, Mitt Romney’s dad, George Romney, was born in Mexico. Does that disqualify him from being the POTUS?

  • Erika

    A.D.M., technically speaking, there were questions regarding whether Chester A. Arthur was in fact born in fair northern Vermont as he claimed or whether he was born in Southern Quebec.

    There were also some questions regarding unsucessful presidential candidate Barry Goldwater who was born in Arizona before Arizona became a state – some people questioned whether someone born in a U.S. territory was elgible to be president – however it died out very quickly once a court determined that yes people born in U.S. territories are natural born citizens for purposes of the U.S. Constitution.

  • A.D.M.

    Texasrose50, how has President Obama disrespected the laws and the Constitution? And by the way, I’m not the one seeing color. You are along with other birthers because no past president has been accused of not being U.S. citizens even though John McCain was born in Panama.

  • KheSanh

    Who is Judge Michael Malihi? When was he born? Where was he born? Who are his parents? Does he have siblings? Is he married? Does he have children? Don’t you folks find it just a little interesting that we know all of the above info on all the other Georgia judges…….but not him? Why is that?

  • James Hutchings

    This won’t stop them any more than dinosaur bones stop creationists.

  • Texasrose50

    What is obvious to me is that most of you do not want to look at the evidence or the transcript of the hearing.
    While I do respect the office of the Presidency, I have no respect for Mr. Obama. I do believe that the lady,, and her clients, whoever they may be, have a point.
    When he was originally asked for birth records, he did not produce them until a court ordered him to do so. He had several months to have these prepared. When in point of fact if they were truthful, knowing there was a question, he should have produced them immediately. That would have stemmed the flow of MY questions. but what about the other things? He was adopted by his stepfather, and made an Indonesian citizen, so now he has what 3 countries?? He attended college here in the United States, as a foreign exchange student?
    And, just for the record, it’s not about color, it’s about his lack of respect for our laws and our Constitution. He has shown contempt for them time and time again, yet you refuse to look at the evidence. You are the ones looking at the color.

  • Leroy

    It’s obvious to me that the question of the Presidents birth place has been proven.
    Several people have suggested that the California Bar Association examine this Attorneys abilities.
    This is the same Bar Association that admitted Gloria Allred and the entire O.J. Simpson defense team.
    Need I say more.

  • J Carlson

    One wonders if Orly Taitz will find any meaning in life after Obama leaves office. There’s a diagnosis here somewhere. Are there any psychologists out there that can shed some light on her?

  • jwd

    The accomplishments would be limitless such as finding the cure for AIDS,Cancer,World Peace,putting an end to world hunger. If governments maintained their focus issues that really matter other than total idiocy. Lest forget it is the voters fault for allowing the 1% ers to exist.

  • Erika

    Snafubar could be one of the first graduates of the new Liberty University Law School ;)

  • EarleyDaysYet

    @Phila: a standing ovation for the dead-to-rights snark in this: “Being as I’m not wearing the legal x-ray specs that’d allow me to detect the top-secret Rules and Bylaws of the He-Man Obama-Haters Club in this rather mild clause, all I’m noticing is an acknowledgment that the United States didn’t exist until the United States existed.” I truly laughed out loud.

    re Orly Taitz: why no-one has disbarred this nutter for frivolous lawsuits, perjury etc, I’ve no idea, but the funding question IS one that keeps coming up, and I think it’d be quite illuminating should the answer ever be revealed.

    Thirdly, my parents are not American but my brother was born while we were living/working there. He has a US passport, SSN and a genuinely-issued SC birth certificate. Technically, he’s more qualified to run for US president than McCain, who wasn’t born in any of the 50 states. Still not sure why people have such a knot in their panties re Obama’s status/eligibility – don’t you think “the Donald” would’ve held a spurious press conference by now, to present all the “evidence” found by his crack team of PIs who went to Hawaii to “find the truth”, had they found ANY such “evidence”? Just the fact that it’s quietly been left to die says volumes about what they didn’t find.

  • John H

    How is it Orly Taitz has not been disbarred yet?

  • Dave Muckey

    First off, unless one is the offspring of a member of an invading force or that of a foreign diplomat, EVERY child born on our soil is a Natural Born Citizen. (14th Amendment/ US v. Wong Kim Ark)

    Second, the US does not recognize any other sovereignty in its citizenship laws. The British citizenship laws haven’t applied to us since 1776.

    Finally, Minor was a womans’ suffrage case not a citizenship case. Birthers like to take it out of context by cherry picking part of the dicta.

    “Falsehoods unchallenged only fester and grow.”

  • Snorlax

    These Birthers won’t give up until Obama leaves office. Even though they keep getting shot down, they won’t stop. Who is funding them?? Why do they keep tilting at windmills?

  • Jack Wolford

    That’s the same question I have. WHO IS PAYING FOR THIS STUFF. These attorneys she has are not spending time for publicity. Shows how many crazy dollars are out here to finance goofy stuff !

  • Karen, a tired old lesbian

    The suits Orly Taitz is filing are Rule 11 violations, which permits judges to sanction people who file sham cases, which these clearly are. She has already been sanctioned by other courts whose time she has wasted. Clearly, these are only out there to play to a certain kook element that hates Obama for being black.

    What I don’t understand and what would be very very interesting to know is who is funding Orly Taitz. She’s only licensed in California, so she would have to have special permission to appear before courts of other states, called pro hac vice ( pronounced “pro-hawk-veechee”) This is expensive. The Rule 11 fines are expensive. Travelling around the country is expensive. Who is paying this? If we knew that, I am sure it would answer a lot of questions.

  • Peg W.

    *and*

  • Peg W.

    I would advise anyone not familiar with “miliary speak” to search on “snafu” adn “fubar.” I rest my case against snafubar.

  • zrae

    Kissinger was born in Germany. He was 4th in line to the presidency for quite awhile.

  • Jane Schiff

    Taitz’s filings in Indiana this morning are absurd. However, I find this a little scary. The Democratic Party this week will insist upon certification of their 2010 candidate named Vop Osili. Here’s the punchline in the midldle of this mess: Vop Osili was born in Nigeria. Taitz might be pursuing that as well, heaven help us. Jerry Bonnet has been appointed to be Indiana’s interim SOS by Mitch Daniels. Jerry Bonnet was Deputy Chief SOS right before Charlie White’s conviction on 6 counts of voter fraud. Mitch Daniels said he’s not going to appoint anyone permanently because he said he thinks that a judge will reverse Charlie White’s conviction. The Huff post mentioned the next stop would be the Indiana Supreme Court.

  • Reynardine

    De Vattel is irrelevant. Anglo-Saxon jurisdiction has always recognized jus solis as the primary source of citizenship, granting jus sanguinis to extraterritorials born to U.S. citizens (like George Romney or John McCain) only by statute; with France and other Codex Romana jurisdictions, the reverse has been true. It is the English common law that controls here, where no statute or Constitutional provision says otherwise. Ben Franklin did no more than express appreciation for the gift of a book. Meanwhile, I am not calling you a racist. I’m calling you a demented, lying bigot.

  • Mitch Beales

    snafubar kudos on selecting your name. It describes you well.

  • Ruslan Amirkhanov

    Seems like all the courts disagree with you snafubar. I guess it’s because of a widespread criminal conspiracy, of course. Just curious, where did you study Constitutional law?

  • Alareth

    As far as the California Bar is concerned I think they will be forced to do something soon because Orly is facing the very real possibility of serious sanctions due to her shenanigans in Hawaii.

  • snafubar

    de Vattel –

    natural born citizens = two citizen parents. Obama’s dad was not a US citizen.

    Period. End of story. No matter how long the usurper sits illegally in the White House, no matter how long you sycophants defend him, it doesn’t make it true. You can try, but you can’t change facts.

  • snafubar

    Hey Ruslan Amirkhanov,

    Is the US Constitution a conspiracy website?

    Is de Vattel’s “Laws of Nations” a conspiracy website?

    Are direct quotes from Benjamin Franklin regarding the Laws of Nations a conspiracy website?

    Get a life. Do your homework.

  • snafubar

    Sorry moonbats. No where in the 14 amendment will you find the words “natural born citizen”. It’s just not there.

    All the 14th amendment defines is “citizen”. Not “natural born citizen”.

    Which is why Article II, Section I Clause V of the US Constitution SPECIFICALLY SAYS that only a “natural born citizen” is eligible to be US president.

    It doesn’t say that a “citizen” is eligible. It specifically says “natural born citizen”. Read Franklin. Read de Vattal. Do your homework. Stop being a partisan.

    No matter how much you deny it, no matter how hard you close your eyes…you know in your heart it’s true…..

    Benjamin Franklin, excerpt of letter to Charles Dumas, December 9 , 1775

    ” I am much obliged by the kind present you have made us of your edition of Vattel. It came to us in good season, when the circumstances of a rising state make it necessary frequently to consult the law of nations. Accordingly that copy, which I kept, (after depositing one in our own public library here, and sending the other to the College of Massachusetts Bay, as you directed,) has been continually in the hands of the members of our Congress, now sitting, who are much pleased with your notes and preface, and have entertained a high and just esteem for their author. Your manuscript “Idee sur le Gouvernement et la Royaute” is also well relished, and may, in time, have its effect. I thank you, likewise, for the other smaller pieces, which accompanied Vattel. ”

    Yes, our founders are spinning in their graves…

    GOD BLESS AMERICA.

  • Southwestern Lone Wolf

    The outcome of Georgia’s high court decision, is a smack square-faced in the jaw of Sheriff joe arpaio’s dubious “investigation” into Obama’s birth certificate. I hope he pays heed to Georgia’s high court. Its starting to make him and his “birther” scum, look more idiotic everyday.

  • Ruslan Amirkhanov

    Snafubar is a typical conspiracy theorist- We’re all “sheep” who watch American Idol, but he does his own “research”(reading conspiracy websites).

  • CM

    Try the 14th amendment, which just says anyone born in the United States is a citizen (along with those who go through naturalization, which isn’t relevant here). The parents’ citizenship doesn’t enter into it at all.

  • Phila

    Please read Article II, Section I Clause V of the US Constitution.

    OK, I’ve read it (and not for the first time). Being as I’m not wearing the legal x-ray specs that’d allow me to detect the top-secret Rules and Bylaws of the He-Man Obama-Haters Club in this rather mild clause, all I’m noticing is an acknowledgment that the United States didn’t exist until the United States existed. What that has to do with which parent was born where is unclear to me. Maybe you can explain, preferably with a little less melodrama?

    (I have to say, I’m looking forward to all these INDISPUTABLE LEGAL FACTS being tossed out the window the moment they inconvenience a Teabagger-approved candidate. Five bucks says we’ll live to see it.)

  • Concerned Citizen

    It’s time to end tthe charade from these right wing nuts. I hope Obama wins re-election, just to shut these idiots up.

  • Ruslan Amirkhanov

    More barracks lawyering on the part of snafubar(an apt name).

  • Gregory

    Never underestimate the sheer tenacity of willful stupidity.

  • snafubar

    Sorry Anna, wrong.

    Please read Article II, Section I Clause V of the US Constitution.

    You realize, I hope, that the founding fathers who had foreign allegiances were “grandfathered” to be eligible to run for US president and VP. They were just as eligible as a natural born citizen. Says so right there.

    Don’t believe me? Read it for yourself.

    As far as natural born goes, you need to do your homework. Read Minor v. Happersett. It defines natural born. Read de Vattel, author of “Laws of Nations”, of which our founders were intimately familiar and which they referenced heavily during the Continental Congress.

  • Anna

    You only need one citizen parent to be a natural born citizen. You realize, I hope, that a lot of the men who signed the Constitution, including Benjamin Franklin, had parents who were born abroad.

  • snafubar

    Yes, I agree, our founders are spinning in their graves.

    Our misinformed and willfully ignorant citizenry have allowed an ineligible usurper to sit in the highest office of the land.

    With all the misdirection being heaped upon us via bread and circuses (NFL and American Idol), the American public has become numbed. They have no concept of what a “natural born citizen” is or why our founders required that class of citizen to be President or Vice President.

    Obama could have been born in Hawaii. It doesn’t matter. His father was not a US citizen when Obama was born. He’s not a natural born citizen. Period.

    Anyone throwing down the race card when confronted with a legitimate eligibility question is nothing more than a race baiter. That’s shameful.

  • DrMJG

    Enough is enough! Taitz simply needs to be charged fully AND convicted AND fined AND imprisoned for falsifying materials before the court, using the courts to perpetrate a hoax, failure to follow procedures and any and every possible statute the courts can (should) bring against her. She needs to be disbarred.

    She has now lost in every State she has presented the exact same materials. She has been fined by the Supreme Court of the US.

    Hit her where it hurts and hurts BAD… her pocket book!

    Simply put this is no longer funny.

  • Kiwiwriter

    What a surprise…the judge ruled in favor of Obama, and Orly Taitz just keeps suin’ along.

    Next time she wastes the court’s time, sanctions should be applied against her frivolous and malicious campaign.

  • Rev Deborah J Lipsitz

    I think it is time we start holding the California Bar Association directly responsible for the actions of Orly Taitz (Bar# 223433). Not only did they admit Taitz to the CBA, despite what is now obviously a near total lack of knowledge of how our legal system works, but the CBA has also refused to take even token disciplinary action against Taitz for her unethical and gross abuse of the legal system. The CBA’s web site even shows that NO disciplinary action has been taken against Taitz for her frivolous lawsuits, unethical behaviors, and in a few cases her potentially suborning perjury. Yet, most of the world knows this isn’t true, Taitz was fined $20,000 by a federal judge for her willful, intentional, and repeated disregard for court rules, with the judge commenting that her conduct was “breathtaking in its arrogance bordering on delusional.”

    So, the question I have is this… Why hasn’t Orly Taitz been disbarred yet, or at the very least disciplined? Is this the sort of lawyer others in the profession want representing their profession? California lawyers are already the butt of a lot of party jokes. Taitz’s behavior, however, is nothing to joke about. She is a racist who uses the legal system as a weapon against anyone she dislikes or opposes (the President is but a high profile target, there are others). The CBA’s refusal to do anything about Taitz not only appears akin to support for Taitz and her delusional conspiracy theories (she has quite a few), but facilitates and encourages her use of her profession as a weapon to harm others.

    I do find it a bit puzzling that Taitz, a former citizen of the Soviet Union, thinks herself a sole authority on who qualifies to hold what elected or appointed office in the United States. I guess that’s just a part of the delusional world she lives in. Were she not hurting others, I would simply pity her, and demand someone help her to good mental health. But she does hurt others, so I will look forward to the day she pays for that, preferably in prison.

  • D. Brock

    Is there any chance that you might contact the California Bar Association in regards to Ms. Taitz’s unprofessional conduct during this hearing? Her latest comments on her website seem to have crossed the line. She is asking people to call the Georgia Secretary of State to have the ruling overturned as well as trying to get information on Judge Malihi.

  • Rebecca

    If these people would only focus their energies and passion towards world peace or feeding the hungry, think of how awesome our world could be….stop wasting time and tax payer’s money on stupidity.

  • Ithink

    One has to wonder, after reading such darkly satirical and disturbing reporting like this, what would the Founding Fathers think about how misinformed and willfully ignorant the American electorate has become in the 200 years or so since perfecting the Democratic model of Middle Age Greece; especially over something as crudely ridiculous and knee-deep in nativist/racist/conspiracy theorist sentiment as the continued obsession as to where our nation’s first Non-white President was born, despite overwhelming confirmation?

    Than again, they may be more fascianted and enamored with the fact someone who would’ve been considered 3/5s a person under their own law could’ve possibly ever proven himself to be a competent candidate as leader of the world, let alone elevated beyond slave or ‘property’ status. Maybe this whole American republic experiment was bad news from the get go…