Coach is Right Archives

Georgia eligibility decision based on legal blunders

by Doug Book, staff writer

Though Georgia Administrative Judge Michael Malihi claimed to have issued a decision based upon “the law as well as the evidence,” we now know he made proper use of neither. For the Judge had no evidence in the Court record upon which to base his assertion of “fact” that Obama “was born in the United States.” And the Indiana Appeals Court decision to which Judge Malihi looked for his ONLY guidance made a thoroughly incorrect interpretation of existing case law. (1) p3

In short, Judge Malihi’s decision wouldn’t pass muster in a first year law school classroom.

“The court can only rest its finding of fact on evidence that is part of the court record.” This is a rule of evidence of the superior court as stated by Attorney Mario Apuzzo. Yet only plaintiff’s evidence was contained in Malihi’s Court record and the Judge concluded that their claims were “not … Continue Reading:Georgia eligibility decision based on legal blunders

The Georgia, Obama eligibility decision: legally incorrect and ethically indefensible

by Doug Book, staff writer

On February 3rd a much anticipated decision was issued by Georgia Administrative Judge Michael Malihi, recommending that Secretary of State Brian Kemp allow Barack Hussein Obama to appear on the state ballot as a candidate for President.

Given previous rulings by Judge Malihi in the Obama case, many had assumed things might go badly for the acting president. Yet the judge’s 10 page decision could hardly have done more to accommodate defendant Obama and his attorney, especially in light of their having ignored court orders, subpoenas and the hearing itself.

And many of those who have reviewed Judge Malihi’s decision find it to be supported by neither fact nor law.

Of the statements made by the judge in his decision, the following are among the most objectionable to legal observers:

1.) “This decision is entirely based on the law, as well as the evidence and legal arguments presented … Continue Reading:The Georgia, Obama eligibility decision: legally incorrect and ethically indefensible

Obama attorney knows eligibility hearing was disaster for the president

by Doug Book, staff writer

Though we’ll not know the outcome of the Georgia hearing regarding ballot eligibility for the nation’s number 1 undocumented worker until the first part of February, Barack Obama’s high-powered attorney apparently suffered an attack of rapid, shallow breathing just before the courtroom drama was about to unfold.

One day prior to the scheduled hearing before Administrative Judge Michael Malihi, Obama attorney Michael Jablonski addressed both a letter to Georgia Secretary of State Brian Kemp AND an email, directed to the Secretary via one of the court’s hearing officers, asking Kemp to cancel the hearing.

Georgia law allows “any elector who is eligible to vote for a candidate” to file an objection to that candidate’s inclusion on the State ballot. (1)

Such objection filings go to the Secretary of State who makes a determination to either overrule or pass them along to the State Administrative Court for disposition. Michael Malihi was the … Continue Reading:Obama attorney knows eligibility hearing was disaster for the president

Judge Malihi about to lower the boom on Barack?

by Doug Book, staff writer

At the beginning of yesterday’s hearing to determine the legal and Constitutional eligibility of Barack Hussein Obama for placement on the State of Georgia ballot in November, Judge Michael Malihi was said to have read “the last paragraph of [Obama] Attorney Michael Jablonski’s letter” to Georgia Secretary of State Brian Kemp. And in the barely 2 hour proceedings which reviewed 3 lawsuits demanding Obama not appear on that ballot, this might have been the most significant “statement” made by the otherwise reserved Malihi. (1)

Like Obama, Jablonski was a no-show in the Georgia courtroom, leaving Obama represented by no counsel at the proceeding.

And although the judge adjourned the hearing with no decision, no ruling, in fact nothing more than a “thank you” to the participants, the last paragraph of Jablonski’s letter states “We await your taking the requested action and as we do, we will, of course, suspend further … Continue Reading:Judge Malihi about to lower the boom on Barack?

Judge rules Obama must PROVE presidential eligibility in Georgia courtroom on Thursday

by Doug Book, staff writer

For those who have waited 3 years for a judge to finally rule that Barack Hussein Obama must prove that he is legally and Constitutionally qualified to run for or serve as President of the United States, the day may have come at last.

For on Friday, Georgia State Office of Administrative Hearings Judge Michael Malihi ruled that subpoenas demanding the presence of Barack Obama in his Georgia courtroom on January 26th along with the original form of his Hawaii birth certificate and information on his myriad Social Security numbers will remain in force.

Obama ‘s attorney Michael Jablonski had filed a motion to quash those subpoenas, arguing if Obama were made to answer questions before the court it would “…[require] him to interrupt duties as President of the United States…” (1)

It was also Obama’s claim that “presidential electors and Congress, not the State of Georgia, hold the Constitutional … Continue Reading:Judge rules Obama must PROVE presidential eligibility in Georgia courtroom on Thursday