Open Letter to GA Secretary of State Brian Kemp
Posted by By GeorgeM at 5 February, at 16 : 41 PM Print
To: Secretary of State, Mr. Brian Kemp
Date: February 5, 2012
Re: Eligibility Ruling of Feb/4/2012 (Judge Malihi)
Dear Brian Kemp,
I am writing this letter to you not as an attorney, a Democrat or Republican, but as a citizen that has become very concerned with the direction this country has taken over the span of my lifetime.
As of this date you have no doubt been contacted by many people from both sides of this issue, many with the law degrees or years of political activism, all of whom can better address the legal issues and social consequences, much better than this retired contractor. So I want to address this issue with you on the field of personal foreboding that I just can’t shake.
It has been and remains to this day, my belief, that what has made this country the greatest place to live, in all of recorded history, is that wonderful and brilliant document, authored by intellectual and God loving geniuses, the United States Constitution. It is true that our country is made up of many cultures and many religions whose people left their homes in far away lands to come here and have contributed mightily to what we are.
As the US Constitution allowed for every citizen to pursue success, happiness and fortune, to the best of each one’s ability and desire, because of the promise that the rule of law, as opposed to the rule of man, would protect their rights and their property, so too did it draw to this country, the best the world had to offer. This is what America is and America is the US Constitution.
Clearly the Constitution has been under attack from the left and from the right for many years now. This past week, as Judge Malihi’s obviously political ruling settled over this nation like a dark onerous cloud, one could not help but think the enemies of our democratic republic are winning in their struggle to destroy the freedoms we have for so long enjoyed.
Whether it be in sports, business or legal contracts, if any rule is allowed to be ignored or misused, for any purpose, the system will break down. Mr. Kemp, so many of us out here, fear for our children and theirs as we see, time after time, this system breaking down.
Just a few words on the ruling this past week. Not being an attorney, but having developed a sense of what is fair and what is not, when we watched as the defendant in the case, not only refused to provide evidence, in accordance with the court order and the election laws of Georgia, but also refused to even participate, that sense of “rule of man” descended on us like hammer and, shall I suggest, sickle? There appears to have been no “peril”, except to our freedom.
As you review this ruling there are a few things I know you are aware of and hopefully you will consider.
1. Why did the Judge make a ruling on “credibility” of the witnesses without either cross examination or appointing an expert to review the charges and testimony?
2. Why did the Judge reach out to a lower court ruling, where clearly the few people involved in that case had no clue about Article II, and ignore case after case from our own United States Supreme Court? Could it be because he was operating on an agenda as opposed to the law?
3. If the Judge was going to allow the defendant not attend or testify under oath and thereby made his ruling based upon the “defense” he provided for the defendant, why were the plaintiffs not given the opportunity to cross examine the Judge before he made his ruling?
4. Since Judge Malihi was performing as the defendant’s advocate, should he not have been put under oath and questioned as to why he refused to have other experts verify that the birth certificate is a forgery and that Obama’s SSN failed E-Verify instead of simply dismissing the testimony?
5. If Judge Malihi was going to allow the defendant not to participate, should he have cross examined the plaintiff’s witnesses as to why he thought they were not credible? Or is it possible, that line of questioning would serve no purpose to the preconceived outcome?
6. Could it really be possible that the brilliance of our founding fathers faltered when they wrote the special qualifications for the President and Vice-President in regards to the “Natural Born Citizen” clause? Or would anyone with a modicum of sense believe they thought the foreign affiliation protection they sought would be accomplished by only one parent being a citizen? If we were to take that as possible we would have to believe, that in their time, Thomas Jefferson and John Jay would have no problem with the King of England being the father of the next President.
If any Judge or any politician, can pick and chose, for ideological reasons or convenience, which part of the Constitution they will adhere to, there will be no future for this country. The founding fathers gave us a way to alter the Constitution for parts that may have become obsolete or not practicable. That of course is the Amendment process, which, by the way, does not include ruling from the bench by some idealistic jurist.
Mr. Kemp, I know it would take a great act of courage for you to not just accept this very unfortunate ruling by one of your judges. This case will be destined to go down in history as the most one sided ruling in the favor of a defendant that didn’t even provide a defense.
While it would be much easier on you personally, as well as the short time comfort of your department, to just agree with Judge Malihi and allow an ineligible candidate on your ballot, the long term effect on the slow degradation of the rule of law will be moved forward in a new giant step.
What is it that I and millions of Americans across this country would like the Honorable Brian Kemp do? Simple. Before you accept or reject the ruling of the Judge in this case, we would like you to perform a review of the following points.
1. Why Judge Malihi did not ask for verification on the forged birth certificate and mal-use of Social Security numbers.
2. Why did he select a lower court’s clearly mis-evaluated ruling in stead of being guided by decisions form the United States Supreme Court?
3. Why were the plaintiffs not given the opportunity to cross examine the Judge on the defense he donated to the defendant?
4. Has there been any contact between the defendant and Judge Malihi that has not been made part of the court record?
If these issues are addressed and reasonable answers obtained, consistent with the concept of law, then any decision you make will at least be done after a full accounting. No one can ask for more than that.
Sincerely,
Dwight Kehoe
Little Silver, NJ
www.tpath.org
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Georgia News
New, improved sound 1-26-12 Georgia hearing video
Only a natural born citizen can legally be President of the USA. ”Obama” is not either. See: http://www.art2superpac.com/issues.html
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As I’ve struggled to come to grips with what I can’t shake off, this feeling of foreboding, it occurs to me that only by giving the real issues at play here, an honest review, can I come to terms with what can only be described as an Judicial act of treason.
Let me explain…
First, why would this Judge take it upon himself to inject the words “natural born” into his reading of the 14th Amendment? Clearly this is not allowed yet he did it.
Second, what un-natural force is at play that neither you nor I have been able to define that would cause such a leap of Judicial logic?
Occam’s razor comes to mind: Could it be that the only thing in play here is money? Not some alleged pay off of a Judge but REAL money as in Federal dollars to this or any other State willing to buck Federal intervention into their territory. The money lost that would make it nearly impossible to maintain, in it’s current state, the Welfare system. Carried out just a wee bit further wouldn’t those who even attempted to rock that boat be seen as responsible for initiating riots in the streets?
Would all of the business contracts, so heavily reliant on those very same funds, come to a screeching halt throwing this or any State into a panic situation?
This is what I keep coming back to time and again. This is the only logical explanation why, when our elected are faced with a clear cut choice between the Rule of Law and the Rule of Man/Economics the money always wins and to carry it to its logical conclusion, “He who has and/or makes the money, makes the rules”.
This is rapidly bringing me full circle, once again, to the only answer that will make any sense at all.
Starve the Beast
If it’s Justice you want, take the money out of the equation and it’s justice you’ll get.
This was not an issue for our elected until after “The Creature form Jekyll Island” and later, FDR created the “Welfare State” and when he did that, the final straw as manifest in this Judges ruling, broke the Constitutions back.
These are my rambling thoughts as we prepare for round two (appeals process) of this four round fight and please don’t get the wrong impression, in for a ounce, in for a pound is where I’m at. Just want all to know how the deck is stacked these days.., at least as I see it and if I’m correct, will we ever again be able to afford freedom and justice? Can we expose that in open court and on the record thereby cornering the next group of Judicial and political players, calling them out for who they are and what they’re doing? If so, maybe we stand a chance, a good chance of restoring this great Nation to the Rule of Law.
This country was formed by the barrel of a gun and will of our Founders. Somehow, someway we’ll have to rediscover these ultimate truths. Our gun today is truth so if you, like me, have the will, we cannot fail. We cannot afford to fail.
Carl Swensson
Carl Swensson, 1 year ago
Ladies and gentlemen patriots, even if you are an obot, you must be able to see the desecration of the Rule of Law as a result of Malihi’s ruling. Not acting on emotion, but pure intellect which I believe everyone possesses, one has NO option but to see the nail in the coffin of the of the Constitution.
The oath a jurist must take is different from any other: (http://outlawjudges.org/oathofoffice.aspx )
“I, ________, do solemnly swear (or affirm) that I will administer justice
without respect to persons, and do equal right to the poor and to the
rich, and that I will faithfully and impartially discharge and perform
all the duties incumbent upon me as ________ under the Constitution and
laws of the United States. So help me God.”
Now it is clear that ruling was partial. It is clear that the ruling differed to the rich from the poor so the ruling is NOT in keeping with the oath of office.
So what do we do?
Every State is broken up into political districts. Those district are represented by people in Congress. It works this way: Every State has 2 senators for a total of 100 senators and each district sends one person to the House of Representatives. The Senate and the house represent the Congress. There are currently 545 elected officials from the pools of citizenry who are supposed to take the concerns of the United States People and makes laws for the BETTER of the United States. These people are fallible. They are people.
More importantly they are citizens and neighbors and (we hope) interested in the American way of life. They are ALSO subject to the laws they make. I will list a few of the laws they must follow or face the wrath of the People;
Judges http://caught.net/caught/crime.htm
Senators and Representatives: http://foavc.org/file.php/1/Articles/Violation%20of%20Oath%20of%20Office%20and%20Walker%20v%20Members%20of%20Congress.htm
http://scannedretina.wordpress.com/2011/11/05/a-federal-crime-violating-their-oath-cause-for-removal-from-office/
http://legal-dictionary.thefreedictionary.com/perjury
Ok, so what do we do with this information? It is up to the People to stand against the Elite and take our Country back. Take your representatives to Court. Sue them for not representing the will of the People, and “YES” you have standing.
Find out who your representatives are: (ex mine are) Fort Worth Dist. 13, Republican Kay Granger, and Senators Hutchinson and Cornyn.
Build you case against them by adhering to the facts of their violations of their Oathes.
Inform the Grand Jury of what their duties really are. Prepare the evidence yourself of the violations and of the law. Bundle it up neatly and make sure EACH juror gets a copy.
On the top of the pack, inside of the folder write this statement on a single sheet of paper:
The prosecutor WORKS FOR YOU. Not the other way around.
The idea here is to get the attention of the representative at the base level and threatening their electability in their district. Get their attention and tell them, unless you start upholding the Constitution as you swore an oath to me to do, you are no longer going to be my or anyone’s representative. They will be reduced to a common criminal.
This will not work if a couple of people try it. It will only work if as many people DO IT as possible.
This process is a lot of work, but look what we have gone through already. If there are any attorneys sympathetic to the Constitution, would you outline a strategic path for us. We will figure it out eventually, but this IS the next step.
Sincerely Robert DeBeaux
Robert DeBeaux, 1 year ago
One thing that bothers me about the judge’s decision is that he automatically presumed Mr. Obama was a natural born citizen because he was born in the United States. Two things are just completely wrong about that presumption:
1.) Being born in the US alone does not automatically make you a natural born citizen. If that is the case then “anchor babies” can become President of the United States and
2.) Mr. Obama has not proven in court that he was born in the United States. The birth certificate that the White House released on the internet can no way hold up in court as an appropriate form of citizenship. The plaintiffs presented it to the judge as the only form on record at this time. Mr. Obama needs to provide a certified or an original copy before the judge can presume he wad born in the United States.
The judge made a premature ruling without any fact being provided by the defendant. It is my opinion, and many others, that the defense’s testimony, or lack of, was not persuasive. The plaintiffs made a case, that at a minimum, raised doubt of Mr. Obama not being a natural born citizen. It is then up to the defense to clear up that doubt, but they failed to even appear.
Overall the judge’s decision is presumptuous and premature, especially since one team raised doubt and the other team failed to appear.
Todd Sirbak, 1 year ago
Re “2.)”
Attorney Van Irion, on behalf of his client Plaintiff David P. Welden, introduced a copy of Obama’s long-form and short-form Hawaii birth certificate into evidence as proof that Obama’s father was not a U.S. citizen when Obama was born. THAT was the evidence in the record upon which Judge Malihi concluded Obama was born in the U.S.
RacerJim, 1 year ago
So, he introduced a forged birth certificate. Talk about building a case of a house of cards. But, since the BC was accepted, why not use the enemy’s own weapon against him? This is like Alice in Wonderland.
GeorgeM, 1 year ago
I guess you have’t been paying atenotitn Tom. My charge that Obama is a malignant narcissist was not made lightly.pREgressives are fond of the memory hole. Let’s take a peek down that hole and see what we can dredge up.Ever see any candidate anywhere, anytime give a speech in a styrofoam temple, compete with styrofoam columns?Two autobiographies by the time he was ~43? This was the time the oceans receded we are 5 days from fundamentally changing America I won clinging to their guns and religion The difference is this time you have me The belief his mere presence would get Chicago the Olympics. Or get his carbon scheme passed. These and dozens more, I believe make the case pretty easily that Obama is a narcissist. I’ll go a bit further and say that most people is the public spotlight all have a bit of narcissism but are able to preen before the public and not lose their sense of proportion. But what makes the strain of narcissism in Obama dangerous are the multitude of lies he tells. Please name for me any administration that has flat out ignored Federal court judgments. Or refused to bring charges against black men for voter intimidation with video proof in hand? Who extolls us to conserve when he dines on Kobe beef, throws hugh parties in the WH and takes numerous multi-million dollar vacations, takes a $100,000 night off to NY, plays multiple rounds of golf while there’s a massive oil spill, cancels numerous long practiced Presidential traditions and flips the bird-oh so causally-when he addresses opponents. Who demands we need to spend a trillion dollars of fairy dust money for shovel ready projects and a year later tells us there were in fact no such thing as shovel ready projects. How about the lies of the coming transparency? Or the budget deficit is under control and then a few days later a budget with a $1.6T!!! deficit? Ot the recovery summer? Another mark of the malignance are the stories of his rage that have leaked out. Remember when he gave the speech and the Presidential seal fell off and Obama laughed it off. Afterwards, back stage, he blew his top at the stage hand who set it up. Or how about the time Paul Ryan, using real math, explained to Obama how his health care bill was going to bankrupt the country, remember Obama’s facial expression? Whoa, if looks could kill. Or the look he have Hillary once, along with one of those casual fingers? Or jumping on Maureen Dowd because she dared to point out his large ears?Yet another mark of the narcissist is his paranoia. Deep down Obama knows he’s self invented, seriously please list for me his accomplishments in the real world ..thought so. Look at the extremes he’s gone to hiding his college transcripts, writings, passport visas, even his past associations are kept under wraps. It’s paranoia on steroids. And why? Why spend 2 million dollars and counting to deny access to these records?So yeah, I stand by my writing. If you choose to ignore all of the danger signs, that’s your problem, not mine. I guess both of us are acting accordingly.Reply
Asha, 9 months ago
[...] Open Letter to GA Secretary of State Brian Kemp!-Posted on Obama Ballot Challenge-By GeorgeM-On February 5, 2012: [...]
The Greatest Fraud Perpetrated in American History! « A Nation ADrift-Why?, 1 year ago
Obama failed to submit to the courts any affirmative defense.
What is an affirmative defense?
According to USlegal.com’s Legal Definitions an affirmative defense is….
“a type of defense in which the defendant seeks to avoid liability by introducing new evidence not addressed in the claims of the plaintiff’s complaint. Such a defense must be raised in the defendant’s answer, and because affirmative defenses require the assertion of facts beyond those claimed by the plaintiff, the defendant has the burden of proof for the defense. The burden of proof is typically lower than beyond a reasonable doubt. It can either be clear and convincing or preponderance of the evidence. An affirmative defense must be timely made by the defendant in order for the court to consider it, or else it is considered waived by the defendant’s failure to assert”
Please take note of these 4 important facts…
1. The burden of proof is on the defendant to assert an affirmative defense within the specified period of time allowed by the court to answer the complaint. Obama’s lawyer failed to file an answer to the plaintiffs complaint or assert an affirmative defense.
2. If a defendant forfeits his right to answer a complaint within the procribed or mandated period of time he forever loses his right to do so.
3. Judge Malihi not only failed to recognise that Obama’s had waived his right to assert an affirmative defence, Judge Malihi actually took it upon himself to assert an affirmative defense on behalf of Obama in his absence.
4.Judge Malihi had no legal right to act as Obama’s defense lawyer.
Bloodless Coup, 1 year ago
The so called ‘Judge’ Malihi is a DISGRACE to the COURT System and to our Country!!!!
kenny1801, 1 year ago
Excellent letter and summary, Dwight. I would just add the importance of ANY presentation of the facts in this matter to include
(a) the testimony of the people behind the 14th Amendment who made it clear that it did not have anything to do with the question of a ‘natural born’ citizen, just a citizen; and
(b) the information about at least 8 attempts in the Congress, from 2003 to 2008, and from both sides of the political aisle, to bring forward an amendment to the Constitution to nullify this specific ‘little detail’, all of which did not make it out of committee; and so it has been attempted anyway, by sleight of hand. To go along with which is to destroy the rule of law in the country, and leave it wide open to despotism – which we are already experiencing.
Keep hammering away at the truths of the matter, everybody. They WILL get through. The average American voter can only watch so many hours of boob tube delights a day.
Stan, 1 year ago
why would a lower courts in correct ruling take precedence over a Supreme Court ruling? Why was Obama not in contempt of court for not appearing when summoned?
Lisa, 1 year ago
Both excellent questions. But, you are much too logical for your own good.
GeorgeM, 1 year ago
A lower court ruling, whether correct or incorrect, does not take precedence over a Supreme Court ruling…the latter is, in fact, “Supreme”.
RacerJim, 1 year ago
It is truly a sad, sad day in America. Corruption has seized the land and America as we know it no longer exists. What we have now is an aristocracy stabbing the common person down, doing what they want and have agreed behind closed doors, with no regard for the law of the land. For the corruption is so deep, we now have a “Master Class” to which no laws apply.
They rule. We have to take it. There is no other choice now.
Thus, America is no longer a free land of equality. America is now has a ruling aristocracy.
Lisa L., 1 year ago
Ready to sell or have your freedom stolen by a cowardly, corrupt judge in Georgia?
Watch this timely 1948 cartoon:
http://nationaljuggernaut.blogspot.com/2009/09/this-cartoon-seemed-far-fetched-in-1948.html
George Washington, 1 year ago