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Tuesday, February 21, 2012

Democrat Presidential Candidate Will Proceed with Eligibility Challenge Against Obama


by Sharon Rondeau

Cody Robert Judy is a Democrat Presidential candidate for 2012

(Feb. 21, 2012) — Presidential Candidate Cody Robert Judy has asked a Georgia court to allow him to proceed with a ballot challenge to Obama’s placement on that state’s ballot without an attorney.

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.

Mr. Judy is a businessman and a published author who has previously run for U.S. Senate, U.S. House of Representatives, and President.

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.”

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