CLAIMS “EXPLOSIVE” INFORMATION
by Sharon Rondeau
Judy had been a plaintiff on a challenge filed by Atty. Orly Taitz in Farrar v. Obama, but last week, Georgia Superior Court Judge Cynthia Wright stated that Taitz would not be able to continue the case pro hac vice, meaning without the involvement of an attorney licensed in Georgia.
Judy told The Post & Email that he believes his motion contains “explosive” information which the court “will have to make a matter of record.” He also stated that as a Democrat contender for the presidential nomination, he possesses “competitive, legitimate standing” to challenge Obama’s eligibility. Judy reasons that “I’m a Democrat candidate against Obama. Republican candidates and Independent Candidates don’t even have their own parties’ nomination yet, the Court or a good lawyer would take that apart in a minute in the competitive standing argument.” A video produced by Judy about the Georgia ballot challenge is here.
On September 3, 2008, before the presidential election, Judy had filed a lawsuit challenging the constitutional eligibility of both Sens. John McCain and Barack Obama. He was also a Friend of the Court in a case filed in federal court which was ultimately heard by Judge David O. Carter and dismissed.
On pages 5-6 of his filing with the Superior Court, Judy states, in part:
5) Mr. Judy is also the only candidate for President of the United States, in the United States of America at this time, that has a legal precedent and competitive standing in the contention of Barack Obama’s legal qualification as a natural born citizen since Mr. Judy is the only candidate who sued both Sen. John McCain and Sen. Barack Obama in 2008, as a Presidential Candidate, for not being qualified candidates under the qualification demands for President held in the vaults of the U.S. Constitution, and who has continued that contention as a candidate for President in 2012…
Judy told us that he has used the decision of a three-judge panel of the Ninth Circuit Court of Appeals to go forward with his ballot challenge. On May 2, Attys. Gary Kreep and Orly Taitz gave oral argument to three judges of the Ninth Circuit, who had appeared to indicate that the lawsuit was not filed at the proper time to challenge Obama’s eligibility. Obama’s attorney, David DeJute, appeared to agree when he stated, “I think a candidate can challenge the qualification of another candidate, assuming of course that candidate does so in a timely manner.”
Mr. Judy told The Post & Email that he plans to raise the matter of Senate Resolution 511, passed by the U.S. Senate on April 29, 2008, which declared John McCain a “natural born Citizen” with the assent of then-presidential candidates Hillary Clinton and Barack Obama.
An initial hearing took place in Atlanta, GA on January 26, 2012, after which Administrative Law Judge Michael Malihi ruled that the evidence presented was not “persuasive,” but a state case from Indiana which concluded that anyone simply born in the country was a “natural born Citizen” was persuasive. Malihi also opined that the evidence presented by six witnesses regarding alleged social security fraud and forgery was not persuasive. Malihi contended that his decision was “entirely based on the law.”
A challenge to Obama’s eligibility has recently been filed in Indiana. Other challenges to his candidacy have been filed in Missouri, New Hampshire, Illinois, California, New Mexico, New York, Arizona, Pennsylvania, and Texas.
In regard to his plan to move forward his eligibility challenge against Obama in Georgia, Judy stated, “I think it will be the first time a State Court has had the opportunity to consider all the evidence, with the requirements of ‘competitive standing’ and ‘political doctrine question’ answered for them, that normally get put into Federal Court.”
Update, February 23, 2012, 11:17 p.m. ET from Cody Robert Judy:
UPDATE in GEORGIA:
Just by way of an update on this action, I received confirmation that the Motion and the Memorandum was received and filed in the Court today!
Thursday, Feb 23, 2012
Today, our office received your Motion to Proceed Pro Se and Supporting Memorandum. The document we received is the original. As I have explained to Mr. Farrar, you must file all pleadings directly with the Clerk of the Superior Court of Fulton County (i.e. an original, hard copy) either by mail or in person. The Court (i.e. the Judge’s office) cannot accept pleadings for filing on your behalf. However, on this one occasion since you are located in Utah, we will take this document downstairs and file it for you. In future, please ensure that all filings are sent directly to the Clerk’s Office.
Staff Attorney to the Honorable Cynthia D. Wright
This was so nice of Ms. Elizabeth Baum and certainly was appreciated!
I am looking forward to Judge Cynthia D. Wrights actions on this case as Lawdragon, a guide to the nation’s best lawyers and judges, recently selected Judge Wright as one of the 500 Leading Judges in America. The Family Law Section of the State Bar of Georgia presented the 2006 Jack P. Turner Award to Judge Wright for her outstanding contributions and achievement in family law in Georgia. In 2000, Judge Wright also received the Joseph T. Tuggle, Jr. Professionalism Award from the Family Law Section of the State Bar Association of Georgia.
As the 9th most populous State in the Union Georgia we certainly have a lot of votes to be concerned about and I certainly extend my sincere plea for your support and assistance with my campaign for President, in travel expenses and media. I would really love to put a few TV & Radio adds out there in GA.
If there was a time for The Birther Movement to unite I hope that it would be now. Of course everyone who believes the Constitution should be upheld has an interest in how this shakes out. Of course most people want to be part of a winning team, it’s always interesting how much more money a Candidate for President takes in when he wins a Primary or Caucus.
Granted we haven’t won much in The Birther Movement as far as Court Decisions, but I want to instill in you the sober truth, ‘We haven’t been heard yet’ on the merits in a Judicial Court. We should all keep in mind that Courts are discouraged from making rulings on the Constitution that are not ripe, or presented, or proper as far as ‘standing’ is concerned.
These arguments are good and necessary to wade through though excruciatingly painful. I can attest to that as a litigant since 2008 in multiple cases on the eligibility issue that represented months of work, a drain on my pocketbook, all contributing to loss and divorce in my family.
These are all good reasons that explain why people who ‘lose’ in politic court hearings and campaigns for that matter, don’t often head back in. “To hell with it”, is an answer that everyone has to deal with in their own way I suppose.
When I think about it as it concerns our United States Constitution however, I don’t seem to be able to quit. Just thinking about the liberties and freedoms that I will leave to my children, even though they may not appreciate it, just thinking about that opportunity for them spurs me on.
These are indeed hard lessons to realize and you rationalize that with “hope” that the next battle might be won and that it wasn’t all in vein. We certainly recall it was after a series of losses and big defeats that George Washington crossed the Delaware River on Christmas 1776 to surprise the Hessian forces at Trenton New Jersey leading to a whole new recruitment of forces because he had won.
Those men who were with Washington before crossing that icy river knew their efforts were the catalyst for the win. Similarly, and now, those who are helping with this effort should know they are the same as those who have gone on in the face of defeat and so I urge you to contribute to this noble cause.
Those who can help please visit my web site and find the contribution page here: