Mark Hatfield, the attorney for plaintiffs Powell and Swensson in the Georgia Ballot Challenge, wrote the Georgia Secretary of State asserting that Judge Malihi made an error. Hatfield argues that no evidence was presented in his case upon which one might conclude that Barack Obama was born in the United States or that his mother was a US citizen, important factors in determining his eligibility as President of the United States. While both Taitz and Irion submitted copies of the President’s birth certificate in their cases, Hatfield did not, and Hatfield says that what the other attorneys submitted cannot be used to decide his case. Hatfield wrote:
Simply put, a review of the record in my clients’ above-captioned reveals no evidence of Defendant’s place of birth and no evidence of Defendant’s mother’s citizenship at the time of Defendant’s birth.
Putting aside the Alice in Wonderland suggestion that Judge Malihi might rule Obama eligible to be on the ballot in one case and ineligible in another, let’s look at the substance of his claim about the evidence.
So let’s go back to the hearing transcript in Hatfield’s case. Exhibit 6 was introduced into evidence on page 17 of the transcript. Mr. Kenneth Allen testified that Exhibit 6 was “the disk I received from the Citizenship and Immigration Services with 181 pages of documents and an introductory letter from – you know, from the department.” It is described as a true copy of the FOIA response Mr. Allen received in response to a 2011 request.
Looking at Exhibit 6, on document page 34, we find the phrase “USC [United States citizen] spouse to go to Wash State University next semester” dated 8/31/1961 (the month of Barack Obama’s birth). And following that: “They have one child born Honolulu on 8/4/1961. Barack Obama II child …” So it appears that Mr. Hatfield did submit some evidence both that Obama’s mother was a US Citizen at the time of his birth and that her son was born in Honolulu.
On page 39 we have additional testimony of the mother’s citizenship status in a Memo for File:
Mrs. McCabe, University of Hawaii, Foreign Student Advisor, called on 4/10/61 and reported that BARACK H. OBAMA, a student at the University since 1959 was married on February 2, 1961 to Stanley Ann Dunham, a United States citizen from Seattle, Washington …
We have, thereby, documentation that Stanley Ann Obama was a US citizen both shortly before and after the birth of the President. Mr. Hatfield is mistaken as to what he submitted.
So here we have a document that says Obama was born in Honolulu and that he was still living there just 27 days after his birth. Maybe this isn’t the best evidence, but certainly evidence that would lead any reasonable person to assume that he was born in Hawaii. Mr. Hatfield, having not even suggested that there was any emergency international travel to have Barack Obama delivered in Kenya, cannot expect the Judge to imagine on his own the fantastic birther “flight to Africa” scenarios and fraudulent birth registration schemes.
Just as Jablonski failed to show up to argue against the cases presented against the President, Hatfield failed to argue against the evidence that he himself presented that Barack Obama was born in Hawaii to a US Citizen mother and is at least 35 years of age.