Professional Documents
Culture Documents
CARL SWENSSON,
v.
BARACK OaAMA ,
Plaintiff
v.
BARACK OSAKA ,
Th e
*
Fo
*
Page - 1-
STATE OF GEORGIA
gB
D.fendant
DOCIa!T NO .:
1216218-60-MALIBI
DOCIa!T NO .:
1216823- 60-MALIBI
Defendant
Fr
ien
States .
ds
of
ow .
Plaintiff
co m
OSAB-SECSTlU'E-CEOSAB-SECSTATE-CE-
Section I , Clause 5 of the United States Constitution regarding eligibility for the presidency.
Pursuant to Georgia law , the Office of the Secretary of State referred Plaintiffs '
Pursuant to motion of both Plaintiffs , the cases of Plaintiffs Swensson and Powell were consolidated for hearing and decision . Pursuant to proper notice to all parties , the Court conducted a hearing on January 26 , 2012 .
at trial and submitted into the record , through counsel , eviden ce and testimony pertaining to the issues herein . Defendant Obama
and his attorney , however , did not appear for trial and failed to submit any evidence or testimony whatsoever .
eF
Page -2-
og B
motion of counsel for Plaintiffs , the record wa s closed at the conclusion of trial .
The Court now makes the following Findings of Fact and Conclusions of Law in these matters :
of
1.
Plaintiff Carl Swensson is a natural person residing in He is a registered voter in the State
of Georgia , and he is an elector eligible to vote for candidates for the Presidency of the United States , including presidential
ien
candidate Barack Obama , the Defendant herein. 2. Pursuant to O. C .G.A. 21 - 2 -5 (b), Plaintiff Swensson
Fr
ds
Th
FINDINGS OF FACT
ow
.co m
Pursuant to the
challenge to the qualifications of Defendant Obama to seek and hold the Office of the Presidency of the United States .
the "natural born Citizen" eligibility requirement of Article II , Section I, Clause S of the United States Constitution . 3. Plaintiff Kevin Richard Powell is a natural person He is a registered voter
in the State of Georgia , and he is an elector eligible to vote for candidates for the Presidency of the United States, including presidential candidate Barack Obama, the Defendant herein . 4. Pursuant to O. C . G. A. 21-2 - 5{b) , Plaintiff Powell
timely filed with the Georgia Secretary of State a written challenge to the qualifications of Defendant Obama to seek and hold the Office of the Presidency of the United States . Plaintiff Powell cont ends that Defendant Obama does not meet the "natural born Citizen" eligibility requirement of Article II, Section I , Clause 5 of the United States Constitution . S. Obama
li ) ,
of
Th
eF
Page -3-
Executive Committee of the Democratic Party of Georgia seeking to be listed on the Georgia Democratic Presidential Preference
ien
Primary Ballot.
ds
Fr
og B
ow
.co m
(hereinafter "Barack
Secretary of State ' s Office as a candidate to be listed on the Georgia Democratic Presidential Preference Primary Ballot . 6.
Defendant ' s natural and legal mother was Stanley Ann D. Ohama ,
and Defendant's natural and legal father was Barack Hussein
Obama .
7.
og B
Page -4-
8.
Plaintiffs' counsel requiring Defendant to personally appear for trial and to bring with him certain documents for use as evidence by Plaintiffs at trial , Defendant Obama failed to appear for the trial of these matters on January 26 , 2012 . Likewise, No
at the conclusion of the January 26 , 2012 trial. 9. The failure of Defendant Obama and defense counsel to
Fr
ien
appear for trial on January 26 , 2012 was knowing and intentional , as demonstrated by Plaintiffs' Exhibit 12 , a January 25 , 2012
ds
of
Th
eF
ow
.co m
Moreover ,
1.
of his name as a candidate to be listed on the Georgia Democratic Presidential Preference Primary Ballot, is subject to the jurisdiction of the Georgia Secretary of State and this Court in the above - captioned proceedings for the purpose of determining Defendant's qualifications to seek and hold the public office for which he is offering. 2. O.C . G.A. 21-2-5.
for f ederal ... office wh o is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought . u 3. Article II , Section I , Clause 5 of the United States
Constitution , concerning "[e] ligibility for office of President," provides in pertinent part that "[n}o Person ex c ept a natural
ds
born Citizen ... shall be eligible to the Office of President .... " 4. The burden of proof rests entirely upon Defendant Obama
~
Fr
ien
Haynes v. Wells, 273 Ga . 106 , 108-109 , 538 S . E . 2d 43 0 , 433 (2000) . Plaintiffs are not requ i red "to disprove anything
of
Th
eF
Page -5-
Pursuant to O.C.G.A .
og B
ow
.co m
-regarding (Defendant Obama ' s] eligibility to run for office .... " Id. 5.
testimony whatsoever concerning Defendant ' s eligibility for office , the Cou rt finds that Defendant has failed to carry the burden of proof in affirmatively establishing his eligibility for office , and Plaintiffs ' challenges herein should be sustained on that basis. 6.
Amended.") provides in pertinent part that "[a) default order may be entered against a party that fails to participate in any stage of a proceeding , " and in view of the deliberate failure of Defendant Obama and defense counsel to appear for trial on January 26 , 2012 , the Court finds Defendant in default on the issue of Defendant ' s qualifications and eligibility for office pursuant to the "natural born Citizen" requirement of Article II, Section I, Clause 5 of the United States Constitution.
should be sustained on the additional, separate , and independent basis of Defendant ' s default.
ien
Fr
finds that Plaintiffs Swen sson and Powell , through counsel , did
ds
7.
of
Th eF og
Page -6-
Bo w.
co m
introduce into the record evidenc e and testimony pertaining to the merits of the issue of Defendant Obama's eligibility for
office pursuant to the "natural bo rn Citizen" requirement of Article II, Section I, Clause 5 of the United States
Constitution .
father , Barack Hussein Ohama , was born in Kenya and was a subject of Great Britain . Additionally , Plaintiffs established that
the instant cases , the Court concludes that Defendant Ohama does
the presidency, as Defendant Obama ' s father was not a United States citizen at the time of Defendant's birth . Defendant Obama
Fr
ien
ds
of
Th e
Fo g
Page 7
Bo
w. co m
judgment based upon the separate issues of burden of proof and default, respectively _
For the foregoing reasons , the Court concludes and hereby reports to the Secretary of State that Plaintiffs ' challenges to the qualifications of Defendant Barack Obama should be sustained and upheld ; that Defendant Barack Obama is not entitled to appear on the primary or general election ballots in the State of
United States ; and that Defendant Barack Obama ' s name should be withheld from the presidential ballot or , if the ballots have been printed, should be stricken from the presidential ballot . This
Fr
ien
ds
of
Th e
day o _ _ _ __ _ 20l2_
Fo
Page -8-
gB
ow .
co m
CERTIFICATE OF SIRVICg
captioned matters regarding electronic service , I have this day served the foregoing Plaintiffs ' Proposed Findings of Fact and
Co n clusions of Law upon :
by email addressed thereto in order to insure proper delivery. This 1st day of February, 2012.
fT he Fo
J.
Fr
ien
ds o
gB ow .co
ark Hatfi
ney for
ntiffs 37509