1. We will see how the courts handle this... I have lost faith in the ability of the Plaintiff's attorney to make correct tactical decisions.
What she needs to do now... is make a simple appeal. I doubt she did.
What she should have done is..
1.
a. The Georgia law says when challenged a candidate must provide proof of eligibility - cite the law here_____________.
b. The candidate has not submitted any evidence at all. Show the record is devoid of evidence with exhibit.
c. Conclude
as a matter of law... no judge can find compliance with the Georgia law when there is no evidence of compliance in the record.
--- find cases which make the above statement... if there are any.
(note I have seen similar appeals from magistrates rulings work in Federal court when the record is devoid of evidence.)
d. Perhaps Taitz she should make a second argument about what natural born means.
Thereby letting the court look balanced by accepting one argument and overuling the other.
e. Taitz has to drop all that other circus stuff... unless she actual has proof which can survive a simple objection-- such as a foundation objection.
2. Stu said...
there was no default because "Judge Malihi has not subpoenaed nor ordered Obama to appear in court."
Quote from jem:
The judge denied the motion to quash by writing this...
"Defendant, President Barach Obama, a candidate seeking the Democratic nomination for the Office of the President of the United States, has filed a motion to quash the subpoena compelling his attendance at the hearing on January 26, 2012.
The court goes on to say...
"Defendant has failed to cite any legal authority evidencing why his attendance is "unreasonable or oppressive, or that any testimony... (is) irrelevant, immaterial or cumulative and unnecessary to a party's preparation or presentation at the hearing, or that basic fairness dictates that the subpoena should not be enforceed... Ga. Comp. R. & Regs. r. 616-1-2-19(5)."
Note the above was typed quickly here is a link to the courts order.
http://www.scribd.com/doc/78887509/...-Attorney-Taitz