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February 7, 2012

Dear Secretary Kemp,

Sometimes it is better if you have no knowledge of “law.”

In Judge Malihi’s opinion that Obama is eligible as a Natural Born Citizen, one has to wonder if Judge Malihi has knowledge of America’s Revolutionary War and the Constitutional Convention in 1787.

What Judge Malihi wants me to believe is that after fighting the Revolutionary War, the founders would have insisted on “only a Natural Born” American [citizen] would be eligible to be POTUS and would have included a British Subject son [Obama JR] in command of the American Armies. NO such thought process would have occurred in 1787; it is simply NOT possible.  Yet, Judge Malihi’s opinion would have us believe a King George’s son born in Washington, D.C. would be a “NATURAL BORN CITIZEN’ and eligible to command the American Armies. Only a fool could believe that.  Didn’t happen!!

Factually, Mr. Alexander Hamilton  had first drafted Article II that required only a “citizen” could be POTUS. That draft was REJECTED by the convention and future U.S. Supreme Court Chief Justice  John Jay’s concern of “Foreigners”  in command of the American Armies required the convention and George Washington to insert “only a Natural Born Citizen” could be POTUS.

Judge Mahili also is stuck on English common law which was eliminated by the Revolution. Instead, America adopted “Natural Law” as can be seen by the Declaration of Independence and the wording of the Constitution itself. So under “Natural Law” as adopted because common law was rejected with the victory over the British King George in the War, a child born of an American mother and of an American father can only be a “Natural Born” American [citizen].  The child can have no other legal definition; it is only by Natural law. The child could NOT be French, German, Italian or any other nationality because he had American PARENTS [Plural]

Hopefully, this tragic opinion of the judge will be appealed which is progress since Americans, like myself, have been told since June, 2008 they have no “standing” to ask Obama to prove he is eligible.

I have many complaints about Judge Mahili’s opinion [his opinion only], but I will stop and say that I have included below a letter from another American, to which I agree,  to you which I copy for simplicity for you to read again.

Please, please seek others opinions and rule that Obama can NOT be a “NATURAL BORN AMERICAN [ CITIZEN] because he was born a Brit(1)  and can NEVER BE LEGIT.  He should NOT be given access to Georgia ballots until the matter is resolved to America’s satisfaction.

(1) Please see the 2008 campaign statement as to Obama being “BORN GOVERNED” as a British Subject at his birth [wherever] under the British Nationality Act of 1948.


Donald Cundiff


Another letter from an American Citizen

To: Secretary of State, Mr. Brian Kemp

Date: February 5, 2012

Re: Eligibility Ruling of Feb/4/2012 (Judge Malihi)

Dear Brian Kemp,

I am writing this letter to you not as an attorney, a Democrat or Republican, but as a citizen that has become very concerned with the direction this country has taken over the span of my lifetime.

As of this date you have no doubt been contacted by many people from both sides of this issue, many with the law degrees or years of political activism, all of whom can better address the legal issues and social consequences, much better than this retired contractor.  So I want to address this issue with you on the field of personal foreboding that I just can’t shake.

It has been and remains to this day, my belief, that what has made this country the greatest place to live, in all of recorded history, is that wonderful and brilliant document, authored by intellectual and God loving geniuses, the United States Constitution.  It is true that our country is made up of many cultures and many religions whose people left their homes in far away lands to come here and have contributed mightily to what we are.

As the US Constitution allowed for every citizen to pursue success, happiness and fortune, to the best of each one’s ability and desire, because of the promise that the rule of law, as opposed to the rule of man, would protect their rights and their property, so too did it draw to this country, the best the world had to offer.  This is what America is and America is the US Constitution.

Clearly the Constitution has been under attack from the left and from the right for many years now.  This past week, as Judge Malihi’s obviously political ruling settled over this nation like a dark onerous cloud, one could not help but think the enemies of our democratic republic are winning in their struggle to destroy the freedoms we have for so long enjoyed.

Whether it be in sports, business or legal contracts, if any rule is allowed to be ignored or misused, for any purpose, the system will break down.  Mr. Kemp, so many of us out here, fear for our children and theirs as we see, time after time, this system  breaking down.

Just a few words on the ruling this past week.  Not being an attorney, but having developed a sense of what is fair and what is not, when we watched as the defendant in the case, not only refused to provide evidence, in accordance with the court order and the election laws of Georgia, but also refused to even participate, that sense of “rule of man”  descended on us like hammer and, shall I suggest, sickle?  There appears to have been no “peril”, except to our freedom.

As you review this ruling there are a few things I know you are aware of and hopefully you will consider.

1. Why did the Judge make a ruling on “credibility” of the witnesses without either cross examination or appointing an expert to review the charges and testimony?

2. Why did the Judge reach out to a lower court ruling, where clearly the few people involved in that case had no clue about Article II, and ignore case after case from our own United States Supreme Court?  Could it be because he was operating on an agenda as opposed to the law?

3. If the Judge was going to allow the defendant not attend or testify under oath and thereby made his ruling based upon the “defense” he provided for the defendant, why were the plaintiffs not given the opportunity to cross examine the Judge before he made his ruling?

4. Since Judge Malihi was performing as the defendant’s advocate, should he not have been put under oath and questioned as to why he refused to have other experts verify that the birth certificate is a forgery and that Obama’s SSN failed E-Verify instead of simply dismissing the testimony?

5. If Judge Malihi was going to allow the defendant not to participate, should he have cross examined the plaintiff’s witnesses as to why he thought they were not credible? Or is it possible, that line of questioning would serve no purpose to the preconceived outcome?

6. Could it really be possible that the brilliance of our founding fathers faltered when they wrote the special qualifications for the President and Vice-President in regards to the “Natural Born Citizen” clause?  Or would anyone with a modicum of sense believe they thought the foreign affiliation protection they sought would be accomplished by only one parent being a citizen?  If we were to take that as possible we would have to believe, that in their time, Thomas Jefferson and John Jay would have no problem with the King of England being the father of the next President.

If any Judge or any politician, can pick and chose, for ideological reasons or convenience, which part of the Constitution they will adhere to, there will be no future for this country.  The founding fathers gave us a way to alter the Constitution for parts that may have become obsolete or not practicable.  That of course is the Amendment process, which, by the way, does not include ruling from the bench by some idealistic jurist.

Mr. Kemp, I know it would take a great act of courage for you to not just accept this very unfortunate ruling by one of your judges.  This case will be destined to go down in history as the most one sided ruling in the favor of a defendant that didn’t even provide a defense.

While it would be much easier on you personally, as well as the short time comfort of your department, to just agree with Judge Malihi and allow an ineligible candidate on your ballot, the long term effect on the slow degradation of the rule of law will be moved forward in a new giant step.

What is it that I and millions of Americans across this country would like the Honorable Brian Kemp do?  Simple. Before you accept or reject the ruling of the Judge in this case, we would like you to perform a review of the following points.

1. Why Judge Malihi did not ask for verification on the forged birth certificate and mal-use of Social Security numbers.

2. Why did he select a lower court’s clearly mis-evaluated ruling in stead of being guided by decisions form the United States Supreme Court?

3. Why were the plaintiffs not given the opportunity to cross examine the Judge on the defense he donated to the defendant?

4. Has there been any contact between the defendant and Judge Malihi that has not been made part of the court record?

If these issues are addressed and reasonable answers obtained, consistent with the concept of law, then any decision you make will at least be done after a full accounting.  No one can ask for more than that.


Dwight Kehoe


Editor’s Note:  As noted here, Secretary of State Kemp has taken Judge Malihi’s recommendation to place Obama’s name on the 2012 ballot.  Were reasonable answers obtained?

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  1. I don’t know why they make this whole thing so complicated. The evidence that indicates that at least the congress knows exactly what a “natural born citizen” is. If they didn’t know, why would they have attempted to change the eligibility requirements 8 times from 2003-2008. And why haven’t they tried since???
    It’s time to scrap this cesspool and start over!!!!!

  2. Should Tennessee Verify the Eligibility of Presidential Candidates?

    A bill is in process in Tennessee, which would require presidential candidates to affirm that they have never held dual citizenship in order to be placed on the ballot.

    If you think this is an important matter, contact the sponsors of this bill, (listed below) and ask them to consider such legislation.

    Senator Mae Beavers is one of the sponsors. (She introduced a similar bill last year, but it was withdrawn.) The current bill is SB1091/HB1784. I am uncertain as to whether Tennessee intends to take it up, or to let it fall through like the last one. However, it is at least possible for this bill to be brought forward during the current congressional session.

    Tennessee has an opportunity to take action on this issue and to set an example for other States to follow. While differences of opinion may be held about the specific text of the bill, I believe that verifying the eligibility of candidates is the most basic of electoral responsibilities; one that should not be ignored.

    Please contact Tennessee’s representatives, (even if you are from another state) and encourage them to bring SB1091/HB1784 to the floor for serious consideration.

    The sponsors of this bill are:

    Mae Beavers
    Linda Elam
    Mark Pody
    Jimmy A. Eldridge
    Julia Hurley
    Kevin Brooks

    Also contact:

    Ryan Haynes
    Bill Dunn
    Jimmy Matlock
    Frank Niceley
    Glen Casada
    Stacey Campfield

    (Frank Niceley, Glen Casada, and Stacey Campfield have all previously indicated that legal measures ought to be taken to determine the Presidential eligibility of Mr. Obama.)

    Tennessee House and Senate Directories:


    If you have the time, give all of the Tennessee Congress a phone call. Let them know that the Country is looking to them to do the right thing.

    Although this is a matter of Constitutional law affecting all presidential elections, it does affect Mr. Obama directly. Obama inherited his father’s Kenyan citizenship at birth. His father was never an American. The question may reasonably be asked whether this means Obama has a dual-national heritage, and is therefore not a natural born U.S. citizen in the complete meaning of the term as is required to hold the office of President.

    An article that I have written, (see below link) clarifies some of the essential points of concern which have made this issue a source of much debate over the last few years.



  3. As Jedi Pauly said, Riiiiiight…

    Georgia Administrative Law Judge Mahili and SoS Kemp believe that an Indiana State Appellate Court case trumps more than one legacy and still binding Supreme Court cases.


  4. Riiiiiight,

    Those white all male citizens from the States got together and drafted the qualifications for the office of President, not to secure and protect their own political rights as U.S. fathers so their own offspring could one day be President, but instead their intention was to secure political rights for foreign non-citizen fathers for the benefit of their offspring so that people like King George could pass on the political right to his son to be President of the U.S…..


  5. Sheriff Joe will release the results of his investigation on Mar 1. It would certainly appear that it will confirm what is already known, and then some. But then what? Will the FBI or DOJ take action? A prosecutor be assigned? Will one of these pick up where Sheriff Joe left off? Is there any reason to expect Justice? I don’t think so. The only thing left to do is what God’s people have already been doing: Petitioning the throne of grace, in particular, that God will either turn the President’s heart to righteousness, or cause his removal from office.

    “Righteousness exalts a nation, but sin is a disgrace to any people.”(Prov. 14:34)

  6. E-Mail sent to Mr. Kemp on 2/6: Dear Mr. Kemp, In regards to the decision you must make to either allow or disallow B. Obama to remain on the Georgia Presidential Ballot, I beg of you, I implore you to disallow and remove Barack Hussein Obama from the GA ballot. I believe the Judge, an Iranian, who heard the case on Jan 26th has rendered his decision to default. In his opinion the witnesses were not persuasive enough. REALLY? This is truly appalling! Anyone who knows anything about this case knows there is overwhelming evidence that Obama not only does not qualify to be on the ballot or to be president for that matter, he should be in prison as you or I would for having a stolen social security number at the very least. I don’t know what is going on but Obama and his lawyer have shown nothing but arrogance, disrespect and contempt for the law. What do they know that the rest of us don’t? Are they threatening people in position that can rule against them, or are they bribing judges with money/promotions? Please stop this outrage!!!!! You must do your job, you must abide by the rule of law and the US Constitution. I demand you remove this illegal usurper from the Georgia Presidential Ballot! You must put an end to this corruption. Obama should not be allowed to continue with this charade. His presidency is a sham!

  7. What people do not understand is that we no longer live in a Constitutional Republic. The actions of Judge Malihi and SOS Kemp are but the last vistages of pretense stripped away. The Judiciary and I would state a majority of the Lawyers (including ALL politicians) are now at war with the People. The US Constitution is being degraded in preparation to sublimate the US into a Global Plutonomy. Our National Sovereign immunities are being signed away with every FTA and we are being prepped for being governed by Foreign/Global citizens.

    This is sedition. Everyone filing a challenge must go into it with the full realization that the Judge sitting before you and the Lawyer arguing against you both have the same agenda: to keep a Usurper in power while this country and its sovereignty is being dismantled for the benefit of a select few.

    The Courts are hostile to the Constitution and to you. The illusion of Judicial Objectivity died in Georgia.

    Now we operate in a new reality. All Challenges must state upfront that they recognize that the Court has already made up its mind and thus is only a step towards the only court that can decide this matter the US Supreme Court.

    However, none of this is worth anything if we continue to return incumbents to power. The Political Class is driving this agenda. Until we admit that we have been lied to by both political parties, nothing will change and the Republic will be destroyed.

    This is a harsh realization but a necessary one.

    We have been sold out.

    We are on our own.

    Get used to it and react accordingly.

  8. Just a small note of correction for Mr. Cundiff. Mr. Cundiff writes:

    “Factually, Mr. Alexander Hamilton had first drafted Article II that required only a “citizen” could be POTUS. That draft was REJECTED by the convention and future U.S. Supreme Court Chief Justice John Jay’s concern of “Foreigners” in command of the American Armies required the convention and George Washington to insert “only a Natural Born Citizen” could be POTUS.”

    In actual fact, Alexander Hamilton wrote no “drafts” for the Constitution. During the course of the Convention, several “plans” (none of them “drafts”) were submitted at different times by different constituencies. The core of the Constitution as we have received it was provided by James Madison and was called “The Virginia Plan.” Another was provided by Charles Pinkney. Still another (The “New Jersey Plan”) was introduced by William Paterson. And the last… offered late in the Convention was Hamilton’s “British Plan.”

    Hamilton gave a verbal briefing of his plan to the Convention on Jun 18, 1787, but it was soundly rejected because it was too much like the British system we had so recently broken with, to include a lifetime chief executive that smacked of monarchy. In his briefing, Hamilton said nothing about citizenship qualifications for the Presidency at all.

    Sometime later, Hamilton set a more expansive version of his plan to paper, but it was never presented to the convention at all. It was this version of his plan that can often be found erroneously called the “first draft of the Constitution” on-line. But as it was never even seen by the Convention, such a characterization is in error.

    Further, contrary to Mr Cundiff’s account, it did not require “only a ‘citizen.'” It specifically proposed a requirement that the President be “born a citizen.”

    The actual first draft of Article 2, Section was produced by the Committee of Detail on August 22, 1787. It proposed that the President be no less than 35 years, a citizen of the United States and an inhabitant thereof for twenty-one years.

    The final draft was provided by the Committee of Eleven On September 4th. It reduced the residency requirement to 14 years, and added the natural born citizen requirement for the first time. It was accepted with no discussion or debate and is the clause that we have today.

    1. Thank you for your comment.

      My memory of Hamilton’s efforts at the convention are different from yours but nothing serious.

      My point was that the Convention had an opportunity to require only ” citizen” in Article II but decided on the stricter requirement that the POTUS be a “Natural Born Citizen”.

      Obviously, the convention knew that a “Natural Born Citizen was preferred rather than just a “born citizen”. So there is a known distinction between the two requirements.

      To date, the obama fans say only a “citizen” is necessary to be eligible.

      Not true. the convention set the standard to be “Natural Born Citizen, which under Natural Law is born of U.S. PARENTS [plural].

      So I believe obama could meet the “born citizen”[ Hawaii ???, 14th Amendment,etc] standard, he does NOT meet the “Natural Born Citizen” higher requirement.

      Therefore, he remains NOT eligible to be POTUS.

      Thank you again for your comment.

      1. Very erudite. Thank you.

        I was looking at the problem from the view that Obama’s father was not a citizen and that his mother did not meet the five consecutive years before the birth residency requirement (she was 18 and change and had had residency outside the U.S.). That discussion is moot when one realizes that two U.S. parents are a prerequisite.

        The only way this issue is going to be resolved is by SCOTUS ruling on it and I wouldn’t take any bets on their accepting the case, if it were ever to make it to them. Our news media are too lame and/or too afraid to broach this topic in depth. Without them there can be no ground swell of public opinion that could make this problem rise to a level that would require it to be dealt with. We have seen that the lower courts are blocking any attempts to correct the problem. What to do, what to do (other than vote him out)?