AJC: Georgia Judge Michael Malihi orders President Obama to appear in “Natural Born Citizen” case

Judge Michel Malihi, Deputy Chief of the Office of State Administrative Hearings, today ordered President Obama to appear in a hearing in Atlanta to respond to a complaint, filed by a Georgia citizen, alleging that Obama is not a natual-born US citizen — and therefore is not Constitutionally permitted to serve as President.

Section 1 Article Two of the US Constitution:

“No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.”

Judge Malihi is no rookie:  he has served since 1995 as a Judge on the Georgia Office of State Administrative Hearings.

The Judge has previously ruled in political campaign residency cases, including a finding in 2006 that Democratic Senate candidate Mell Traylor was not a resident of Senate district 1 in the Savannah area. Traylor was challenging Republican Sen. Eric Johnson at the time. Judge Malihi’s ruling was upheld and Traylor was disqualified.


    • Andre says:

      I don’t know many judges who actively seek publicity.

      In fact, the public doesn’t hear much about these judges until a high-profile case comes before them in court. Then, folks start shifting through the judge’s rulings and opinions, while also inquiring about who appointed the judge to the bench.

      Case in point, I knew Mell Traylor was thrown off the ballot in 2006, after his residency was challenged. Traylor was registered to vote in South Carolina until February 16, 2006, which obviously meant that he didn’t meet the residency requirements to run for state Senate. However, I did not know that Judge Malihi disqualified Mell Traylor’s candidacy. I was always under the impression that then-Secretary of State Cathy Cox kicked Traylor off the ballot.

      What I’m saying is that a good judge is much like a good baseball umpire; and as the old saying goes, a good baseball umpire should remain unseen.

      Judge Malihi has remained unseen for over a decade. I doubt that his demeanor and character suddenly changed due to this case.

      [EPILOGUE]: A judge appointed in 1995 would’ve been put on the bench by Democrat Governor Zell Miller. I think that is very important to note.

      • Toxic Avenger says:

        Great catch, Andre. Because Zell Miller has always been the epitome of a “Democrat.” That would be like saying Lincoln Chaffee appointed someone, and he was a Republican.

      • Dave Bearse says:

        It’s minutiae (and I can understand your mention of being registered to vote out of state as a shortcut to mention of not meeting residency requirements), but what specific Georgia standard states that registration to vote in another state is per se evidence a residency requirment hasn’t been met? I’d think that if it exists that a homestead exemption located outside of a district would similarly be included to indicate the residency requirements wasn’t met. I don’t recollect any such homestead exemption as per se disqualification. I’m interested in the fine points.

        • Ken says:


          I believe one of the qualifications to run for state legislative office is that you be a resident eligible to vote in the district. If you’re registered in SC, you can’t also be registered in GA – unless, of course, you are a Democrat.

          • Dave Bearse says:

            Someone certainly can be registered to vote in SC and GA. What’s the Georgia violation and penalty for being registered to vote in SC and GA? My guess the fundamental illegality is violation of an oath.

            My guess is the fundamental illegality of two Georgia homesteads is likewise violation of oath. Hense the connection between the two in the comment. I’m looking for enlightenment.

        • drjay says:

          in the traylor case specifically there was a mountain of evidence to indicate hilton head was his residence, not just the voter registration…iirc he actually appeared at the residency hearing with a sc tag still on his car…

  1. Max Power says:

    God help us, our economy is in the dump, we’re trying to attract business to the state and yet people like Judge Malihi seem intent on making our state a punchline.

    • Cobb Needs a Front Page Poster says:

      Evan, That’s not a punchline. This is a punchline:

      President Obama was in Disney World today where he unveiled his new plan to create jobs. He was joined by Mickey Mouse and Minnie Mouse but not Goofy. He had to stay behind to tend to his vice presidential duties.

      You know why President Obama chose Disney World? It was the only place with longer lines than the unemployment office, so it looks better.

      – Jay Leno

      • Max Power says:

        That’s pretty good. Did you know that under government logic money from international tourism is counted as an export? I think we’ve discovered the Obama administration’s plan to close the trade gap.

        • benevolus says:

          Hadn’t thought about it before, but when you sell something to a foreign entity and get money in return, that is an export. In this case it’s more of a service rather than a physical product.

  2. The Last Democrat in Georgia says:

    I’d *LOVE* nothing more than to see President Obama appear in court in Georgia to address and answer this complaint, but pigs will probably sprout wings and fly before we could ever see such compelling high drama play out in an Atlanta courtroom.

    I wonder what, if any, penalties President Obama is subject to or can be imposed upon him if he does not appear?

  3. Loren says:

    Despite what the news reports say, Judge Malihi has not ORDERED the President to appear; he has only denied a motion by Obama’s attorney that asked the judge to quash the subpoena of the President. I rather expect a revised motion to be filed shortly, with the legal citations that the judge all but asked for in his denial, and for that revised motion to be granted.


    Judge Malihi has also handled at least two other notable candidate eligibility cases in recent years.

    In 2008, he held that Keith Gross was ineligible to run for the Georgia State House.


    And in 2010, he held that Adrienne Hunter-Strothers *was* eligible to run for the Georgia Court of Appeals, in a challenge that was brought by the Secretary of State himself (after, IIRC, a citizen challenge was ruled untimely).

    http://www.scribd.com/doc/78345647/Georgia-Farrar-v-Kennedy-Judge-Malihi-Order-01-13-2012-Primary-Ballot-Challenge-Obama (order starts on p. 3)

    • Andre says:

      Thanks, Loren, for bringing light to the fact that Judge Malihi denied the motion by Obama’s attorney to quash the subpoena.

      The Order issued by Judge Malihi simply states that the Defendant failed to “provide any legal authority to support his motion to quash the subpoena to attend.” A revised motion that, as Judge Malihi wrote in his ruling, “enlightens the Court with any legal authority” to quash the subpoena to attend might be successful.

      I suspect, as Loren pointed out, that a revised motion is being drafted as we speak.

      On a slightly related note, President Obama may need to find a new attorney. To get beat on a technicality such as failing to cite any legal authority to quash a subpoena doesn’t exactly instill confidence in the ability of the President’s attorney to successfully prosecute this case.

      • ted in bed says:

        Andre, I agree. I would have thought the White House had a canned response to subpoena’s. Its not like it hasn’t happened before.

        I bet our Commonwealth-Citizen Friend isn’t taking this lawsuit serious which may result in it blowing up in his face. I could see Obama thinking he didn’t have to answer to some yokels in Georgia since he is President.

        On the flip side, getting thrown off the Georgia ballot might be a strategy since he loves playing the race card and using strawmen ……. See Amerika, the Newt Gingrich brand of Georgia Republicans are so racist that they won’t let a black man on the ballot. ” That surprisingly will play well in Northeastern states.

        Is anyone from PeachPundit going to the hearing? I’m thinking about it.

        • ted in bed says:

          One of the questions that I hope is checked out is if he claimed to be a US citizen when he applied to College or did he claim dual citizenship of some form, including receiving student aid as an International Student.

        • Andre says:

          The question lingering in my mind is what if Obama fails to appear at the hearing.

          What happens if President Obama doesn’t comply with the subpoena?

          Will a default judgment in favor of the Plaintiff be issued by the Judge? Will the Judge hold the President in contempt or court and issue a warrant for his arrest?

          Maybe some of our well-versed attorneys can answer those questions for me.

  4. The Last Democrat in Georgia says:

    Sorry, I should have said I wonder what, if any, penalties can be imposed upon President Obama WHEN he does not appear in court in Atlanta?

    • ted in bed says:

      The perfect legal cage fight:

      Activist Liberal Judge vs. Constitutional Law Professor

      Each displaying the stupidity and danger of the “living Constitution” concept.

  5. bowersville says:

    Michael Jablonski…attorney for the President.

    According to his website Jablonski is AV Rated by Martindale-Hubbel. According to peer reviews through Martindale-Hubbel an AV Preeminent [rating] is a significant rating….[and the] lawyer’s peers rank him…at the highest level of professional excellence.



    To underestimate this man is a mistake. I would look for another motive.

  6. AMB says:

    President Obama will be in court after attending the UFO conference and meeting BigFoot. You people are insane and embarrassing. You make the state look foolish.

  7. bstee says:

    Did a judge outlaw history books in the Peach State as well?

    This judge and the argument is based upon the fact that there is a “constitutional crisis” because military men do not know if orders from this president are legal since his father was not a citizen of the United States. I mean what were those Democrats thinking sending up a person who had a foreign born father? Clearly this would create a huge crisis right? Um…read a book.

    • Thomas Jefferson‘s mother was born in England
    • Andrew Jackson‘s parents were both born in Ireland
    • James Buchanan had an Irish father
    • Chester A. Arthur had an Irish father
    • Woodrow Wilson‘s mother was English
    • Herbert Hoover had a Canadian-born mother

      • Toxic Avenger says:

        Dear God, if I wanted to be trolled, I would go on 4chan. Someone get Harry his tinfoil hat, please. He seems to have misplaced it.

    • jstjoan says:

      The premise of your argument is deeply flawed. The question of Natural Born Citizenship is not about where a persons parents were born, but rather the status of their citizenship when the child was born. All of the people you cite here had parents who, according to the laws at the time, were US Citizens at the time of the child’s birth, with the exception of Jefferson who was a citizen when the Constitution was adopted per Article II Section 1; and possibly Chester Arthur who may have lied about his British citizenship.

      The lawsuit being weighed by Judge Malihi is claiming that because Obama’s father was not a US citizen at the time of his birth, a fact not in dispute by Obama, then he is not eligible for the office of President.

      We can agree or disagree about the necessity of this particular fight giventhat Obama’s disastrous record gives us plenty to complain about. But, if your argument is “Republicans are SO stupid!” then at least, Um… read a book and get your own facts straight.

    • AMB says:

      Because he’s the President and gets to run for election once again. Now I realize that puts the racists’ panties into mighty wads but tough…

      • ted in bed says:

        AMB … Playing the race card so early. You seem nervous and a bit defensive, as if you aren’t sure Obama is eligible for the Presidency as well.

        Obama has a good opportunity to end the speculation about his eligibility, in this court and right now. Submit the documents requested, address each of the allegations and end this, one way or other.

        • Charlie says:

          Obama has answered this. He’s the President.

          Documents are no longer in question, unless you’re willing to challenge the state of Hawaii’s sovereignty. The only “question” is the one recently dreamed up where we are now claiming that a person’s parents’ citizenship somehow is relevant on whether a citizen is natural born.

          This is a pipe dream for the paranoid. And an embarassment for our state.

  8. Harry says:

    Received in my e-mail:

    So there is some interest in Romney’s tax records because it looks like he has something to hide. That is curious because these things below about Obama barely got a mention. Why do you suppose that is? What has he got to hide and who is helping him?

    Obama/Dunham marriage license: Not released
    Obama/Dunham divorce: Not released
    Kindergarten records: Not released. School claims records are lost
    Soetoro/Dunham marriage license: Not released
    Soetoro adoption records: Not released
    Francis Assisi School records: Not released
    Punahou School records: Not released
    Soetoro/Dunham divorce: Not released
    Selective Service Registration: Not released
    Occidental College records: Sealed
    Passport: Not released, records scrubbed
    Columbia College records: Sealed
    Columbia thesis on Soviet Nuclear Disarmament: Not released
    (But a paper titled “Disarm America” was found
    Harvard College records: Sealed
    Harvard Law Review articles: None
    Illinois Bar records: Sealed
    Illinois Driver’s License record: Sealed
    Medical records: Not released
    Illinois State Senate records: None
    Illinois State Senate schedule: “Lost”
    Law practice client list: Not released
    University of Chicago scholarly articles: None

    “Was this man born in Hawaii” is not the question. The real question is does this man really exist.

    • NoTeabagging says:

      Harry, There’s someone on Facebook you should ‘friend’, Victoria Jackson, I think you are both from the same planet and wear the same size tin foil hat.

    • Loren says:

      It says everything one needs to know that you equate one candidate’s latest income tax records with a list where the first four items are the candidate’s PARENTS’ marriage records and the candidate’s KINDERGARTEN records.

      Were you actually hoping to get taken seriously with a list that begins like that? Are you equally concerned about whether Romney knew his alphabet, or whether Gingrich was fussy at naptime?

  9. dewatobay says:

    ROFLMA at Harry’s list because the FBI who does the investigation (for months and months) of every single presidential candidate PRIOR to the election probably has that list. My husband worked as a consultant for the nuclear Navy which required Top Secret clearance, steps way down from POTUS’s clearance , and they knew when he stopped wearing diapers – sort of speak!

  10. Harry says:

    the FBI who does the investigation (for months and months) of every single presidential candidate PRIOR to the election

    No they don’t.

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