Judge Michael Malihi Orders Barack Obama Eligible to be on Georgia Presidential Ballot … Good News for Obama, Even Better for Marco Rubio
Barack Obama wins the battle, but Democrats may have lost the war …
President Barack Obama has won the court battle in Georgia that questioned his right to be on the 2012 Presidential ballot due to his citizenship. Judge Michael Malihi dismissed the challenges that contended Obama has a fake Hawaiian birth certificate, a fraudulent Social Security number and invalid US identification papers. The Judge also dismissed the the claim that Obama was ineligible to be a candidate because his father was not a United States citizen at the time of Obama’s birth.
President Barack Obama’s name will remain on the Georgia primary ballot after a state law judge flatly rejected legal challenges that contend he can not be a candidate.
In a 10-page order, Judge Michael Malihi dismissed one challenge that contended Obama has a computer-generated Hawaiian birth certificate, a fraudulent Social Security number and invalid U.S. identification papers. He also turned back another that claimed the president is ineligible to be a candidate because his father was not a U.S. citizen at the time of Obama’s birth.
The findings by Malihi, a judge for the State Office of Administrative Hearings, go to Secretary of State Brian Kemp, who will make the final determination. Last month, at a hearing boycotted by Obama’s lawyer, Malihi considered complaints brought by members of the so-called “birther” movement.
The court battle was over the definition of “naturalized citizen” and whether Barack Obama met the threshold in order to be able to run for President. The US Constitutionstates that to run for the highest office in the land a President must not be just a citizen, but a naturalized citizen. As stated at Wizbang, the judge’s ruling and the Indiana court’s ruling conform to the ruling in the SCOTUS case of United States v. Wong Kim Ark, where it was ruled that a person born inside the USA is automatically a natural-born U.S. citizen. So what happens when one has dual citizenship? How about the child of illegal aliens?
Addressing the other claim that contends Obama cannot be a candidate because his father was never a U.S. citizen, Malihi said he was persuaded by a 2009 ruling by the Indiana Court of Appeals decision that struck down a similar challenge. In that ruling, the Indiana court found that children born within the U.S. are natural-born citizens, regardless of the citizenry of their parents.
Obama “became a citizen at birth and is a natural-born citizen,” Malihi wrote. Accordingly, Obama is eligible as a candidate for the upcoming presidential primary in March, the judge said.
The birther’s need to pretty much give it a rest when it comes to trying to disqualify Obama from running for office because of citizenship. Its a losing battle. There are far too numerous things that Obama has done since becoming President that would disqualify him from a second term. Namely his dereliction of duty to “We the People” and his full speed Deadhead liberal/socialist agenda against the will of the people.
However, before Barack Obama and the Democrats have a party, they may want to hold the champagne and party poppers. Don’t ask for things they might come true. Obama may have won a victory, but guess who this decision paves the way for in future President elections … can you say Marco Rubio? Birthers had claimed that Rubio was also not a natural born citizen, because his parents were not US citizens at the time he was born. According to the above precedent, it does not matter. This also clears the way for Rubio to become VP, if he accepts.
But, as the Miami Herald points out, “natural born citizen” has never been defined. While some would contend that anyone born inside the U.S. would and should be considered citizens, birthers disagree. They rely on old writings that apparently stem from the nation’s founding to claim that an individual must be born to two U.S. citizens in order to be “natural born.”
Rubio, who was born in 1971 at Cedars of Lebanon Hospital, doesn’t fit that bill. In fact, his parents didn’t become citizens until 1975.
I wonder how many Democrats are going to question Rubio’s citizenship in the future after defending Obama’s? Although the two are drastically different sets of circumstances. No one is questioning that Rubio’s birth certificate is a fake. Mark my words, this decision will come back to haunt Democrats in the future when a Republican, conservative, Tea Party Hispanic Cuban runs for office. Can you say President Marco Rubio?