Georgia Judge Michael Malihi is a cowardly traitor

Friday, February 3, 2012, for some kind of a bribe or because he was threatened, Georgia Judge Michael Malihi sold out his country and defecated on the constitution of The United States of America.

As an Administrative law judge in the State of Georgia, a case was presented to him to have Barack Obama removed from the ballot to run for President in the State of Georgia.

His actions have set precedence in American law that if a person is charged with a crime, the best defense, is to not show up for court. Law schools may now offer a course in "The Obama Defense".

Three separate legal teams presented evidence and witnesses to show that Obama is not eligible to run for President because he is not a natural born citizen. Obama produced no evidence, no witnesses and both he and his lawyer failed to show up for court in violation of a subpoena to do so.

Forget about what we think, whether he is, or is not a natural born citizen. Opinions don't count. Only evidence and witnesses count. But we're not dealing with rational minds in this case. We never have.

Judge Michael Malihi violated a basic rule of legal interpretation in his ruling. He violated our earliest Supreme Court ruling on how to interpret the Constitution. He ignored evidence. He ignored witnesses. He ignored earlier Supreme Court rulings establishing that the term "natural born citizen" means, one who is born in America to two American citizen parents.

The most telling sign that he was either bribed or threatened shows up in his own actions, of violating his own rulings, just four weeks apart, on the same case.  

"His opinion holds that the 14th has the exact same effect as the natural-born citizen clause, while the 14th Amendment does not include the words "natural born Citizen". Persons claiming citizenship under the 14th Amendment are deemed to be "citizens". Malihi has added the words "natural born" into the Amendment. This is absolutely forbidden, according to Malihi's own opinion in the Motion to dismiss, wherein he held: "In the absence of words of limitation, words in a statute should be given their ordinary and everyday meaning.' Because there is no other 'natural and reasonable construction' of the statutory language, this Court is 'not authorized either to read into or to read out that which would add to or change its meaning.' "

In other words, he claimed one thing on January 3, 2012 and on February 3, 2012 he wrote the exact opposite. Why would any sane man do such a thing?

The question of Obama being eligible is a legal issue. It is also a political issue. Since America is not a "Nation of Laws" as the politicians hype. It is a Nation of Establishment. The Establishment, through their corrupted politicians make the rules and the rules change according to who they are for. And in politics, anywhere in the World, all through history, the three most effective tools are bribery, extortion and murder.

It is impossible to believe, that Judge Michael Malihi, himself, believed, he was following the constitution and legal precedent. He knows he's a crook. He knows he's a liar. He knows, that in his ancestral home country, that unlike America, he would have his head chopped off for what he did.

He ignored the Constitution and at least three US Supreme Court rulings, defining Natural born citizen as one who is born in America to two citizen parents. He ignored the Law of Nations, that the founders of this country used to draft our constitution. He ignored the countless letters, written back and forth by our founders, defining natural born citizen and their reasons for why they would only accept a natural born citizen as their President.


The lawyers asking to keep Obama off the ballot presented evidence and witnesses. Obama showed nothing. Didn't even come. Ignored a court order. And Judge Micahel Malihi ruled in the criminal's favor.

Imagine a boy comes to his father and says his brother hit him. He has no bruises and no witnesses. The father confronts the brother, who proves that he was in school at the time. Friends and teachers vouch for his attendence and show the father a picture of him in class. The father punishes him anyway and takes the lying brother out for ice cream and toy shopping.

Judge Michael Malihi cited cases that have absolutley nothing to do with the subject matter and he totally disregarded any evidence or witnesses.

Attorney Mario Apuzzo thoroughly trashes this corrupt judge's decision on his website:

"But there is no evidence before the Court that Obama was born in the United States. The court can only rest its finding of fact on evidence that is part of the court record. The judge tells us that he decided the merits of the plaintiffs' claims. But he does not tell us in his decision what evidence he relied upon to "consider[]" that Obama was born in the United States.

The judge "considered" that Obama was born in the United States. What does "considered" mean?

Clearly, it is not enough for a court to consider evidence or law. It must make a finding after having considered facts and law. The judge simply does not commit to any finding as to where Obama was born. Using the word "considered" is a cop out from actually addressing the issue.

Additionally, we know from his decision that neither Obama nor his attorney appeared at the hearing let alone introduced any evidence of Obama's place of birth. We also know from the decision that the judge ruled that plaintiffs' documents introduced into evidence were "of little, if any, probative value, and thus wholly insufficient to support Plaintiff's allegations."

Surely, the court did not use those "insufficient" documents as evidence of Obama's place of birth. Nor does the judge tell us that he used those documents for any such purpose. The judge also does not tell us that the court took any judicial notice of any evidence (not to imply that it could).

The judge did find that Obama has been certified by the state executive committee of a political party. But with the rules of evidence of superior court applying, this finding does not establish anyone's place of birth.

Hence, what evidence did the judge have to rule that Obama is born in the United States? The answer is none."

Mario Apuzzo continues with well documented legal facts: "Presidential eligibility is a national issue. Under our Constitution, like the States do not have power to naturalize citizens, they also do not have power to change, add, or diminish the meaning of an Article II "natural born Citizen."

The U.S. Supreme Court in Minor v. Happersett (1875) already has told us that there was no doubt as to who could be a "natural born Citizen."  In fact, there was absolutely no evidence before the court [Malihi] that Obama was born in Hawaii. And as we have seen, there was also absolutely no evidence before Judge Malihi showing the Obama was born in the United States.

The court never addressed the question of whether he was born in Hawaii. No evidence was presented to the court whether he was "born within the borders of the United States." The court never even examined that issue.

Hence, its statement that "persons born within the borders of the United States are 'natural born Citizens' for Article II, Section 1 purposes, regardless of the citizenship of their parents" does not prove that Obama was, in fact, born within the borders of the United States" and that he is therefore a "natural born Citizen."

I would like to interrupt at this point, but Mr. Apuzzo is on a roll,

"Judge Malihi has not made any findings of fact concerning the question of where Obama was born.

Obama the candidate wants to be President again. Under Article II, Section 1, Clause 5, Obama has the burden of proof to conclusively prove that he is a "natural born Citizen." As part of that burden, he has to conclusively prove that he was born in the United States.

Neither Obama nor his attorney appeared at the hearing to present any evidence on the issue.

Judge Malihi found the plaintiffs' documentary evidence to be insufficient for whatever purposes it could have been used. Nor did he find that that evidence, which includes a paper copy of the computer scan of Obama's alleged long form birth certificate, to be sufficient to prove that Obama was born in Hawaii.

We can see from the exact words used by Judge Malihi that Obama has failed to carry his burden to conclusively prove that he was born in the United States.

Judge Malihi said that he "considered" that Obama was born in the United States. We do not know what this means and it appears that Judge Malihi attempts to avoid the issue of whether he found that Obama was born in the United States.

Clearly, "considered" does not mean "found".

Since Obama failed to carry his burden of proof as to his place of birth and Judge Malihi's decision actually confirms that fact, the Georgia Secretary of State should reject Judge Malihi's decision and rule on his own that Obama not be placed on the primary ballot.

Finally, Judge Malihi incorrectly reads [the case of] Wong Kim Ark and gives controlling effect to that incorrect reading.

The time-honored American common law definition of the clause is a child born in the country to citizen parents.

There is no dispute that Obama was born to a non-U.S. citizen father (his father was a British citizen) and U.S. citizen mother. Being born to an alien father, Obama also inherited his father's British citizenship under the British Nationality Act 1948.

All this demonstrates that Obama was not born in the full and complete legal, political, and military allegiance and jurisdiction of the United States. He is therefore not an Article II "natural born Citizen" and cannot be placed on the Georgia primary ballot."

Mr. Apuzzo's brief biography: Listed in Who's Who Among Students in American Universities and Colleges, 1978-1979. Graduated from: Wilkes University, B.A.; Temple University, J.D. Named: Outstanding Senior Scholar Athlete, Wilkes College, 1978-1979; Businessman of the Year, Italian American Police Society of New Jersey, 1996; Outstanding American of Italian Descent, Meritorious Achievement, Italian Tribune News, 1996. Pro-Bono Counsel for: National Police Defense Foundation, New Jersey, 1996-; Order Sons of Italy in America-New Jersey, 1994-.

Now I can intrude again.

Judge Michael Malihi issued his decision late in the day on a Friday. By doing this, he effectively isolates himself from any criticism, until Monday morning. Come Monday, I am sure that he will be hiding behind the skirts of his office staff.

He is not ignorant of what he has done. He turned his back on all that we cherish for a few bucks or because he is scared to death of whoever made him "an offer he can't refuse".

This weasel of a man betrayed his country, reneged on his oath of office, insulted the dignity of his profession, corrupted the legal system and by his conscious act of disloyalty to his associates, he has subjected them all to scorn and ridicule. If any of his co-workers have a conscience, they would hang their heads in shame and be embarrassed to frequent any of the businesses where they eat and shop.

Merchants in Atlanta should refuse to serve them. Businesses should refuse to sell them food, gasoline, clothes and should especially not sell them any tools of their trade such as pens, paper, computers or printers.

In his well thought out plans, setting his signature to that decision is nothing less than admitted treason.

Here is an interesting investigation into Judge Michael Malihi. NOTHING. Just like the man he broke his oath for, he is an invisible shadow. He has no history.

In the interest of public safety I would like to request of all who are aware of this stinking rotten judge's actions, to please refrain from mugging the low down lying cockroach, throwing rocks at this dog's house, slapping this treasonous corrupt scoundrel's children, spitting on this disgusting animal's wife, to just go directly to the whorse's mouth. Give him a call or stop in to see him, for a polite civilized discussion, on why he chose to turn his back on the country that provided the means for him to be in the position he is in.

I am sure that he would want to hear from the people who pay his salary, who put food in his family's stomachs and puts clothes on their backs. Naturally, he would want to thank you personally.

For conversing, socializing, bonding with his neighbors and undermining the American legal system, he lists his address as: 230 Peachtree Street NW, Suite 850, Atlanta, Georgia USA 30303 or feel free to call him. You pay for his office: 404-651-7595 or, people always love a good fax 404-818-3751

Why not? He faxed us good.

Mark S. McGrew

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Author`s name Mark S. McGrew