THE RULE OF LAW MUST BE UPHELD
January 3, 2012
Deputy Chief Judge Michael Malihi
Georgia Office of State Administrative Hearings
230 Peachtree Street NW
Suite 850
Atlanta, GA 30303
Dear Judge Malihi:
I am editor of an electronic newspaper, The Post & Email (www.thepostemail.com) which covers constitutional issues and government corruption, and I am writing to express my sincerest appreciation for your ruling today which supported Georgia law O.C.G.A. 21-2-5(a) in favor of a voter’s right to challenge the eligibility of any candidate for public office.
For more than three years, a debate has raged as to whether or not the man who occupies the White House is eligible to serve as President and commander-in-chief. The questions surrounding his eligibility do not have to do with the number of years he has resided in the United States nor his age, but rather, the “natural born Citizen” requirement expressed in Article II, Section 1, clause 5 of the U.S. Constitution.
There are questions about whether or not a person born to a father who was not an American citizen can be considered “natural born” and whether or not Mr. Obama was born in Hawaii as he claims. There are questions about whether or not birthplace is a determining factor for “natural born” citizenship or if it is something else altogether.
Since the U.S. Supreme Court has refused to hear all challenges to Obama’s eligibility on the merits, the American people have been forced to live under the exigencies of a constitutional crisis since the 2008 election. No public servant in any branch of government has upheld his or her oath and commenced scrutiny of the meaning of the “natural born Citizen” clause in relation to Obama’s background. The legislative, judicial and executive branches of government at every level have failed in their duty to their constituents, instead issuing purposely-deceitful form letters, relying on faulty information which they have repeated ad nauseum, and denying U.S. military members discovery so that they might know that the orders they have received are legally issued.
The Congressional Research Service has published four memos to members of Congress which obfuscate and even omit relevant parts of law cases which directly impact whether or not Obama is eligible for the position he holds. The U.S. Justice Department has managed to have all cases brought to obtain the truth dismissed on technicalities rather than simply presenting the evidence. It is now clear that our government is perpetuating a charade of mammoth proportions while holding the American people hostage, not unlike that which catapulted the 13 colonies into revolution in 1776 and eventual independence from Great Britain.
The Framers of the Constitution specifically included the term “natural born” for the office of President to indicate a higher level of qualification than simply “citizen.” Originally, they had used the term “citizen” but changed it after considering John Jay’s letter to George Washington cautioning that the highest office in the land required absolute allegiance to the new nation.
In order for our state and federal governments to operate properly, those elected to serve must respond to those who placed their trust in them. For more than three years, millions of Americans have asked questions about Obama’s eligibility and been rebuked, ridiculed, rebuffed, ignored, or lied to by their representatives. It is a fact that the term “citizen” is not the same as “natural born Citizen,” yet our elected representatives would have us believe that their meanings are identical. Judges have used the “no standing” excuse myriads of times rather than hear a case on the merits, whether out of cowardice, fear, lack of principle, or perhaps something more sinister.
True statesmen and public servants are very hard to find in today’s America, and I believe it is accurate to state that confidence in our government is dangerously low.
The U.S. military has a right to know if its commander-in-chief is eligible to issue orders. The American people have a right to know if the President has foreign allegiances which affect his ability to make decisions in the best interests of their country. Because of your decision issued today, perhaps we will finally have that opportunity, and for that, I thank you.
During a time when morality, ethics, high standards and doing what is right are rare things, my deepest respect is extended to you, sir, for reading the law as it is stated rather than making excuses for allowing this horrendous situation to continue. There is an abundance of evidence that many, if not most, judges in this country today issue decisions which are not based on the U.S. Constitution and Bill of Rights, but rather, on a whim, a political viewpoint, or worse, a bribe. For example, if one examines the judiciary in Monroe County, TN, it becomes obvious that our founding documents have not seen the light of day there in a very long time, and the rule of law is nonexistent. This is what all of America will become if her laws are not enforced.
When we know for a fact whether or not Obama is eligible, the outcome will be dealt with and the nation can begin to heal from the tremendous conflict which has torn it asunder for so long. Constitutional eligibility is not a Democrat or Republican issue; it is a fundamental constitutional issue which must be addressed. I believe that today’s decision was the first step in that direction.
Very truly yours,
Sharon Rondeau
Editor
The Post & Email
www.thepostemail.com
editor@thepostemail.com
P.O. Box 195
Stafford Springs, CT 06076
Judge Mahili presides over the Office of State Administrative Hearings (OSAH). This “agency” does hearings, only, and issues recommendations. From what I can see it is in place to handle hot potatoes so they don’t reach a grand jury. Mahili will give Kemp (SOS) a non-binding recommendation; what Kemp does with it is up to him. My guess is that he will blow it off and Deal will back him in this decision.
Two things must happen at this point: Van Irion must carry the complaint to court thru law suit. The folks will have to pony up money for this effort as the plaintiffs are tapped out.
Secondly the folks have to make an enormous stink thru the media, if possible, and thru their congressmen. Language such as “unlawful activity” must be used.
I am thinking this is too big an issue to make disappear but it will take lots of noise to assure that fact(?). I don’t see resolution on the 26th.
Sharon,
Great letter. I hope all the optimism is not premature. For my part, I don’t trust the Courts and I fear that this will just be an attempt to end the controversy by allowing the case to be heard and then finding Obama “Eligible” In hopes that they can make it all go away. I sincerely hope that I am wrong – but I will be (very pleasantly) surprised if the Court issues an order that keeps the DNC from certifying him or that keeps him off the ballot in Georgia.
ELmo
That is what I fear Elmo. Did the Judge allow the case to continue only so it could later be ruled that Barry is eligible? That would then clear the way and stop actions in other states that are also being pressured to make Obama prove his eligibility, which he cannot do.
Hopefully I am very wrong. It’s just hard to trust anything having to do with the courts considering what has happened in the past and the ironclad control Barry’s regime seems to have over them
encuentrame, that quotation that you seek from a founder already exists. It is from a letter by John Jay to G. Washington:
Founder John Jay wrote to George Washington, then Presiding Officer of the Constitutional Convention, on July 25th, 1787:
“Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American Army shall not be given to nor devolve on, any but a natural born Citizen.”
Also check out this link:
http://naturalborncitizen.wordpress.com/
for a newspaper article by James Madison (publius) on citizenship and the importance of parental citizenship.
“DOTK”,
I am not “seeking” a quotation from an important contemporaneous figure , merely, stating the requirement–that “already exists” , as you say–
One may read it in ARTICLE II S1 CL5 of the United States Constitution
What exists but has yet to be brought to light is a statement from a UNIVERSALLY recognized authority of the day*,; CONNECTING THE DOTS[ie the common law is the law of nations-the law of nations is the natural law] for the confused members of the public–sadly, having to explain explicitly what does NOT qualify and what DOES measure up, according to the Law of Nature , pathetically , called upon to continue guiding the unenlightened through the process –the “right of the blood” & so forth.
[Think: “foundlings”- just one reason why the Founders/Framers would not have employed restrictive language such as’ born on the soil’ and/or ‘born to 2 Citizen parents’ etc
*We have many from years , decades, later eg J BINGHAM , Melville Fuller but wouldn’t it be great to have something that directly addresses this issue that is palatable, digestible for the typical deluded “citizen” Charles Carroll, for example , don’t hold your breath , on that one, though, his descendants recently bestowed an award and accolades on , of all people, Oprah Winfrey It is hard to imagine that “1st Citizen” Chuck C- this longest living survivor, signatory of the Dec of Independence– didn’t say something relevant re natural born Citizen during his 97 years on this planet So as I said or hinted in my original post- the best bet, in lieu of access being granted to that elusive private stash/cache/collection of papers , would be to scour the landscape for every single solitary copy of newspapers, articles, pamphlets, essays from the age 1785ish to 1820ish zero in on yrs leading up to and just right after the War of 1812
P.S. Oh, by the way , I know it will be seen by some as a bit nit-picky but it occurs with enough frequency that I am going to point it out in the interest of upholding a standard of
utmost accuracy —Re: Jay’s letter IT’S “COMMAND” in Chief” ..NOT “COMMANDER”
P.S.S My original post with the reference to “McClure” was designed to draw attention to the piece published in the Virginia paper -among others-likely penned by Madison or an associate
YAY, SHARON!!! You sure schooled him!
Excellent letter!
It’s not that difficult , folks. In my 7th Grade Junior High School U.S. History Class,which took place more years ago than I might like to admit, we treated on all–that includes the William Smith and James McClure situations–They cases were not obscure accounts that many , today, would have you believe require dredging up. In fact, they were featured in the text-books of the time. A real mission needs to be launched to uncover a direct mention/quotation etc from one of the “biggies” aka Founders/Framers or those of their ilk where they make it clear that no one, in their right mind, living in that era and with a clear , unfettered, vision towards the future would be in the business of extending invitations to NON-IMMIGRANTS to the Land, NON-U.S.CITIZEN, Foreign National, Fathers; to have installed one of their off spring as COMMANDER-IN-CHIEF of the new Nation’s military. Now this “evidence” is likely to be found in and amongst a cashe of letters , materials etc currently residing in private hands. That is not to say that it can’t be accessed by a determined member of the general public–only that “online” searches, cursory checks of Institutional repositories will probably not yield a positive result. I suspect the remark that will “define” ARTICLE II ‘natural born Citizen’ will be something said in an off hand manner, an aside by a prominent figure , made while discussing other matters. He will , merely, be confirming what was a well-understood sentiment of the time. The phrase “son of the soil” is key for it is not “Citizen” with a capital letter “C” nor does it necessarily guarantee that the individual who wears such a mark is in possession of any grade of citizenship of the newly formed United States
lol “resort must be had elsewhere to ascertain”—“Elsewhere” is closer than many may suspect—It’s called– a dictionary
natural~ marked by freedom from affectation
affectation~marked by freedom from perfection perfection~unequivocal, absolute, faithfully reproducing the original, being free of fault, without defect
BO Jr’s dual citizenship speaks with equal voice UK & U.S. ie equivocal- not absolute
affectation~an effort to appear to have a quality not really or fully possessed; the pretense of actual possession
An attempt to assume or exhibit what is NOT NATURAL or real; false display; …
natural~ THE CLASSIFICATION OF ORGANISMS(eg U.S. citizens) ACCORDING TO RELATIONSHIPS BASED UPON DESCENT FROM A COMMON ANCESTOR
natural~the REJECTION of ALL explanation that makes, allows, or calls for exceptions
natural~ growing without human care , not cultivated ; begotten as by actual consanguinity
B.O. Jr’s “citizenship” status requires pruning hence cultivation
BostonDaily Globe 1896 Percy Bridgham, aka “The People’s Lawyer“
“1000 Legal Questions Answered…
A natural born citizen would be one who by nature ie by inheritance,was a citizen, as distinguished from one who was by nativity or locality of birth a citizen. .” The very definition of natural is “fixed or determined by nature,”… our courts have (n)ever passed upon the meaning of the word natural in connection with citizenship, so we must take its ordinary meaning.”
A truly splendid op-ed, Sharon!!
I could only suggest that you send a copy of it to each of the 9 Justices on the United States Supreme Court – perhaps along with the excerpt of Chief Justice John Marshall’s majority opinion (quoted below) from Cohens v. Virginia when Chief Justice Marshall wrote separately that the Court was bound to hear all cases that involved constitutional questions, and that this jurisdiction was not dependent on the identity of the parties in the cases. Marshall argued that state laws and constitutions, when repugnant to the Constitution and federal laws, were “absolutely void.”
The excerpt from the Cohens decision in 1821:
“It is most true that this Court will not take jurisdiction if it should not: but it is equally true, that it must take jurisdiction if it should. The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution. Questions may occur which we would gladly avoid; but we cannot avoid them. All we can do is, to exercise our best judgment, and conscientiously to perform our duty. In doing this, on the present occasion, we find this tribunal invested with appellate jurisdiction in all cases arising under the constitution and laws of the United States. We find no exception to this grant, and we cannot insert one.”
It seems that even the current “Supreme Court” has forgotten this black-letter law opinion.
My letter sent to judge Malihi on 1/3/12:
Dear Honorable Judge Michael Malihi : I thank you and God for the courage to stand up and defend the Constitution. This ruling of yours gives us citizens hope and a belief that wrongs can be righted and the truth will come to the light. Please stand tall, firm, and ignore the press which will surly come after you. I am a proud American but today I am especially proud that we have a defender of the truth who is willing to look into this tragedy of justice. I now have hope there will be a tomorrow in this beloved country of ours”. Ed Tazelaar
Happy New Year Sharon Rondeau, Your letter is brilliant. I am frozen in awe-inspired admiration of the dimensions – the literary height and profound depth – of your correspondence. Surely, when historians review the current chapter in the tragic history unfolding in our time of the constitutionally ineligible Muslim fraud’s illegal usurpation of the office of the president of the United States of America and concomitant military rank and authority of commander-in-chief, they shall point to your letter as indicative of the sentiments within the heart of ‘We the People’ at this time. Well done. May God Bless America, ctf
Sharon! – just an absolutely fantastic letter and I thank you for putting into words that which every “God revering and freedom loving American” now have in their hearts and minds. Obviously this fine Deputy Chief Judge Michael Malihi is one of us; and I do pray that he has the strength to follow through for all our godsend… otherwise America is truly lost. It is heroic people like you Sharon and this Judge (if he follows through) and many others of course that will save this Country from total disaster, annihilation, bankruptcy, social chaos and anarchism. This is indeed God’s work that you are doing right now and there just isn’t anything more important than that!!!
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Mrs. Rondeau replie: Recruiting more heroes!
It is our prayer that this Judge will not yield to the pressure of a corrupt judicial system that presently governs the USA. The people of the USA will need to band together and vote out the crooks from office. They will need to have their own candidates who will take over the system, for the system is at present taken over by unscrupulous, dishonest, and self-seeking men and women.
Emailed the link to Judge Malihi’s para-legal and clerk.
Hopefully the provisions of 21-2-5 (c), whereby the SOS is responsible for vetting the candidates qualifications, is addressed.
Very well written, Ms Rondeau. You have said what many of us would like to say to this brave Judge. Thank you!
I hope the Judge is prepared for the back-lash that is sure to follow his brave decision and he doesn’t back down…. We in Georgia are very proud of his decision.
Thank you, Sharon. Clear, concise and respectful. Judge Malihi does indeed deserve the respect of all Americans for the courage he displayed in holding a sitting President to the letter of the law.
WOW, I am speechless!
EXCELLENT letter Sharon, but should we expect any less?
You always hit the nail on the head!
Sharon, I applaud your letter. If this judge follows through he will be forever a hero to the people who value freedom over a life of slavery. Thank you for being our voice.
Semper Fi
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Mrs. Rondeau replies: All readers should feel free to print the letter using the printer-friendly icon at the upper right, make any desired alterations, and send it to Judge Malihi under their own signature, especially registered voters of Georgia.
Sharon,
What a beautifully written letter. I so hope and pray that this is the beginning of the end of this nightmare that we have been living.
Further, my prayers are with Commander Walter Fitzpatrick. I am so sickened at the treatment he has been subjected to.
Thank you for all that you do.
God Speed
Superb! Congratulations to you both. At long last, fresh air is blowing across America.
Sharon, great letter. Thanks! His courage deserves the support of all patriotic Americans.