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CODY ROBERT JUDY

Pro Se
3031 So. Ogden Ave. Suite 2
Ogden, UT. 84403
(801)497-
Email: codyjudy@hotmaiLcom
Web Site: www.codyjudy.us
FULTON COUNTY SUPERIOR COURT
STATE OF GEORGIA
DAVID FARRAR,
LEAH LAX,
CODY ROBERT JUDY
LAURIE ROTH
Petitioner( s),
v.
BARACK OBAMA,
SECRETARY OF STATE
Respondent( s).
APPEAL OF ADMINISTRATIVE
DECISION
EMERGENCY APPLICATION
FOR STAY
&
MOTION TO PROCEED PRO SE
wi SUPPORTING MEMORANDUM
Case # 2012-CV-211398
Judge: Cynthia D. Wright
COMES NOW, Petitioner, CODY ROBERT JUDY, pro se, and submits respectfully to
the Fulton County Superior Court this "MOTION TO PROCEED PRO SE", with the attached
"MEMORANDUM SUPPORTING THE MOTION TO PROCEED PRO SE" supporting his
Motion in the above captioned matter before the Court.
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Petitioner, Cody Robert Judy having been a petitioner in the above captioned matter since its
inception, respectfully requests this Court to allow him to proceed pro se, following this Court's
decision not to allow his attorney Orty Taitz Esq. to continue Pro Hac Vice.
The understanding of this Court's decision was made known to him ( me ) on Feb.
17
th
,2012.
Showing good faith to the matter, I do hereby request the Court to allow me to continue
pro se with the attached MEMORANDUM SUPPORTING THE MOTION TO PROCEED PRO
SE.
Respectfully Submitted this 18
th
Day of February, 2012-02-18
CODY ROBERT JUDYlpro se lsi Cody Robert Judy
NOTARY PUBLIC WITNESS ofSIGNITURE:
Original Stamped _______ _ Notary Signature _____ _
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CODY ROBERT JUDY
Pro Se
3031 So. Ogden Ave. Suite 2
Ogden, UT. 84403
(801)497-6655
Email: codyjudy@hotmaiLcom
Web Site: www.codyjudy.us
FULTON COUNTY SUPERIOR COURT
STATE OF GEORGIA
DAVID FARRAR,
LEAH LAX,
CODY ROBERT JUDY
LAURIE ROTH
Petitioner( s),
v.
BARACK OBAMA,
SECRETARY OF STATE
Respondent( s).
APPEAL OF ADMINISTRATIVE
DECISION
EMERGENCY APPLICATION
FOR STAY
&
MOTION TO PROCEED PRO SE
wi SUPPORTING MEMORANDUM
Case # 2012-CV-211398
Judge: Cynthia D. Wright
COMES NOW, Petitioner, CODY ROBERT JUDY, pro se, and submits respectfully the
"MEMORANDUM SUPPORTING THE MOTION TO PROCEED PRO SE"
MEMORANDUM SUPPORTING THE MOTION TO PROCEED PRO SE
1) Mr. Cody Robert Judy is a resident of Utah, has been a party to this proceeding since its
inception (see Feb 4th LTR to Brian Kemp link-
http://codyjudy.b10gspot.coml2012/02/cody-robert-judy-ltr-georgia-sec-of.htm1 ), and has
been a Presidential Candidate for the office of President of the United States filing with
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the Federal Election Commission ( FEC ) incidentally a week before Governor Rick
Perry did August 25
th
,20 11 in the Democrat Party and the only candidate recognized in
this proceeding nationally under Presidential Candidates Org. ,(http://2012.candidate-
), maintains a web site at www.codyjudy.us
and has 147 videos and campaign commercials on YouTube: CODE4PRES, 90% of
which deal with the Eligibility issue and current Constitutional crisis of our Country. Mr.
Judy is well published with his book Taking A Stand, has extensive published editorials
nationally regarding the Constitution, and has been a candidate for U.S. Representative,
U.S. Senate, and U.S. President.
2) Mr. Judy is a legal petitioner, and qualified Candidate for President, in this matter under
the banner of the United States Constitution as the Supreme Law of the Land and Georgia,
last of the 13
th
original colonies and 4th State to ratify the U.S. Constitution indeed one of
the fifty States within the United States of America falling under its banner. In the recent
Dec 22
nd
2011 findings of the *Federal 9
th
Circuit Court of Appeals which recognized
standing precedent in the eligibility arena of the demands of the Constitution for the
office of President, in Barnett V. Obama No. 09-56827 D. C. No.8: 09-cv-
00082 - DOC -AN 0 PIN ION Presidential Candidates received legal standing and
Petitioner submits at this stage of an election Republican and Independent candidates
have no standing due to a lack of ripeness within their own parties of their being chosen
to represent their party as a national nominee for that party. Thusly, Mr. Judy is correct at
this **stage of the election process within his own Democratic Party to challenge the
eligibility of candidate Barack Obama and assert damages from an ineligible candidate to
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his campaign and challenge Barack Obama's eligibility as a safeguard to the Democratic
Party's nominee, as well as the voters in Primary and the General Election.
Mr. Judy is also a legal voter under O.C.G.A. 21-2-6 stating "any voter eligible to vote
for such candidate may challenge the qualifications of a candidate."
*(Even the political candidates who lost to Obarna in 2008 would only have had standing to sue
if they had filed their complaint alleging unfair competition from an ineligible candidate before
the election, the 9th Circuit judges said.)
**(The court said, and the defeated candidates "cannot claim competitive standing because they
were no longer candidates when they filed their complaint."
Link: ( http://www.scribd.com/doc/76328694/Keyes-Bamett-v-Obama-Appeal-9th-Circuit-
AFFIRMED-Filed-Opinion-12-22-2011 )
3) Mr. Judy's legal counsel Mrs. Orly Taitz Esq. has been deterred by this Court's denial of
her Motion to proceed Pro Hac Vice affective Feb. 15
th
,2012 nevertheless Mr. Judy is
not procedurally barred from continuing this action pro se.
4) Mr. Judy has been a part of this action since its inception, though not a resident of the
State of Georgia, is indeed a natural born citizen qualified for the office of President of
the United States having been born in Idaho Falls to parents who were both Citizens after
the adoption of Constitution and is 46 years of age satisfying the Constitutional demands.
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
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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. See: Judy v. McCain case no. 2:08-
cv-01l62.
6) Mr. Judy contends that during the election process in 2008 illegal candidate Barack
Obama was given a pass to proceed with no restraint by the FEC to collect campaign
contributions for an office he was never qualified for and that much of the evidence in
this case was not available in 2008 in the primary process of the Democratic Party, nor
was there ripeness to contend Obama's Eligibility by an opposing party because the
nominee for the Democratic Party was not decided upon until late in the campaign season.
7) Sen. Hillary Clinton probably had the best chance to object to Obama's qualification,
however a deal had been struck she co-sponsored with Sen. Barack Obama on Sen. John
McCain's non-binding U.S. Senate Resolution 511 declaring him a natural born citizen.
However the authors acknowledge the resolution would have little real influence were the
matter ofMr. McCain's eligibility hanging by a legal thread. This was the second act of
Congress necessary in a process we call 'naturalization' for Sen. McCain, the first
coming II months after his birth in the foreign state of Panama.
8) Indeed the Birther movement was started with the Democratic Party objecting to Sen.
John McCain's foreign birth. Senator McCain obtained citizenship by statute. However,
the only statute in effect in 1936 did not cover the Canal Zone. Recognizing the gap, in
1937, Congress passed a citizenship law applicable only to the Canal Zone, granting
Senator McCain citizenship, but eleven months too late for him to be a citizen at birth.
Because Senator John McCain was not a citizen at birth, he is not a "natural born Citizen"
and thus is not "eligible to the Office of President" under the Constitution.
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9) In the year 2000, Congress did undertake a Constitutional Amendment to allow foreign
born citizens to be President. Here are a few excerpts from the modern day Congressional
conclusions rejecting the Amendment thereby demanding from the Judicial Branch
adherence to the Constitution's unique demand for a natural born citizen in the office of
the President.
67-306
2000
CONSTITUTIONAL AMENDMENT TO ALLOW FOREIGN-BORN CITIZENS TO
BE PRESIDENT
HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION OF THE
COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE
HUNDRED SIXTH CONGRESS
SECOND SESSION
ON
H.J.Res. 88
JULY 24, 2000
Serial No. 108
_Excerpt 1
10) " ... it will require other talents and a different kind of merit to establish him in the
esteem and confidence of the whole Union, or of so considerable a portion of it as would
be necessary to make him a successful candidate for the distinguished office of president
of the United States"-thus writes Alexander Hamilton in Federalist No.68. Indeed, the
"chief magistrate" who is also Commander-in-Chiefhas to grow from the soil.
Excerpt 2
11) I came to this Country in 1959, and became a citizen in 1964. During my formative years
in Hungary, I read as much American literature as American students might have in the
high schools of yore. In my second year of residence, I married a native-born American,
and henceforth spoke English exclusively in my home. Before and after taking the oath of
citizenship, I have made continuous and extensive efforts to become American, not only
in the administrative sense of the word. In the course of my life, spent mostly as a
performing artist and academic, I had the opportunity to start a small corporation and run
for elective office-both of which are indispensable for the comprehension of America.
My interest in, and commitment to, the principles upon which this Nation was founded
prompted me to establish a small Think Tank---called Center for the American
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Founding-that connects to day's issues with those principles. I write a regular column,
and have published a book about American political philosophy. My fellow Americans
honor me frequently in word and deed very much as one of their own.
Yet, Mr. Chairman, I wish to state unequivocally that, despite all of the above, I would
not consider myself eligible to the office of president of the United States.
The people of this land are possessed of a unique brand of tolerance, a balanced
temperament, and a natural goodwill toward the world. While such persons may be found
everywhere, they constitute an overwhelming majority among Americans. One of the
inexplicable miracles of America is the transformation that occurs within one generation,
no matter how different the customs and mores of the new arrivals.
Excerpt 3
12) In addition, liberty is not simply a blessing guaranteed by the Constitution, but an inner
state of being, again separating Americans from most others. An overwhehning majority
of immigrants arrive on these shores looking, as they had always done, to government as
a source of benefits, and an authority to obey.
Excerpt 4
13) Those who favor the proposed amendment will no doubt point to exceptional persons of
their acquaintance who, in their view, would fulfill any and all expectations with regard
to the office of president, though being of foreign birth. Yet the laws of this country never
have been written with the exceptions in mind. Among other things, the Framers of the
Constitution distinguished themselves by writing few laws, and employing language at
once broad and concise, so as to be applicable to all circumstances at all times
Excerpt 5
14) The original Constitution contemplated a relatively weak presidency, but the office has
become the most powerful in the world, and safeguards surrounding it are therefore more
indispensable than ever. The one area of presidential authority that is virtually unchecked
and uncheckable (despite the War Powers Act and similar efforts) is the president's power
as commander in chief. Can that power be safely entrusted to a foreign-born citizen? John
Jay didn't think so; nor do I; nor I suspect do the vast majority of Americans.
Let us consider a few scenarios. Start with an extreme example. The espionage
agencies of a number of countries, doubtless including the United States, have sometimes
employed what in the spy novel is called an agent under deep cover. A young person is
thoroughly trained and indoctrinated before being sent to an enemy country, where he or
she becomes a citizen and an exemplar of respectable behavior. This goes on for years,
even decades, until the parent agency determines that it is time to activate the agent. It is
not difficult to imagine such a person obtaining an office of great trust. But a Senator is
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one of 100, and a Representative is one of 435. What check is there on the president who
is one of one, except for the constitutional restriction?
15) Petitioner ,Cody Robert Judy, herein states simply that this Constitutional demand for
President is not a 'partisan issue', nor is a 'political doctrine question 'for the courts to
escape breeding the appearance of bribery and corruption upon Georgia for awards such
as a license to build two reactors at a nuclear plant in Georgia, or the Savannah Harbor
and Expansion Project going forward. The corruption appearance is seen as a
rubberstamp on the extinction of the United States Constitution providing the appearance
of a positive reward for depreciating the document binding the United States rather than
an incentive for upholding the reputation of the United States Constitution as the greatest
protection of individual rights against the majority the world has ever seen.
16) As a candidate for the Democratic Party, Cody Robert Judy acknowledges that the
traditions of the Democratic Party have indeed been steeped in standing up for Civil
Rights under the banner of the United States Constitution in a conservative tradition. This
action is positive towards the Democratic Party's ability to maintain that tradition against
main stream Republican Candidates who would seek to use the issue sabotaging in a
deliberate destruction the conservative interest in the last minutes of a General Election.
This action maybe the last stand in the consideration of millions of votes being
fraudulently extorted in a primary; the protection of which must be honored over one
man's ineligibility discriminating against another's eligibility. The action threatens
qualified candidates projecting honesty and integrity towards the law in favor of
something that might resemble the corruption of paying off police officials south of the
border enslaving justice to the highest bidder.
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17) Lastly, in consideration of the 'political doctrine question' every court must consider the
attempt by opposing political parties to underhand each other, however, the Petitioner
considered with the actions against Sen. McCain and Sen. Obama shows two individuals
simply immersed in dividing a Country rather than unifying it over what may boil down
to their egos and competitiveness, when our Country is united under the Constitution.
The meltdown of the Executive Branch is in part the Judicial Branches responsibility in
the checks and balances serving our Country. lfthe Judicial Branch refuses its
responsibility to check the Executive Branch in this Constitutional Demand, in essence
the checks and balance system of our Government is lost warping the traditional triangle.
18) Petitioner is simple; an American boy hoping the Court will call out corruption rather
than shrink into it by granting his Motion to proceed pro se.
19) Respectfully submitted this.lli day of February, 2012
lsi Cody Robert Judy
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CERTIFICATION OF MAILING
Fulton County Superior Court 136 Pryor St SW # C640 Atlanta, GA 30303-3429
I do hereby certify that I mailed, via U.S. Mail, a true and correct copy of the forgoing
1. MOTION TO PROCEED PRO SE
2. SUPPORTING MEMORANDUM FOR MOTION TO PROCEED PRO SE
Postage pre-paid, to the RESPONDENT, by and through his Counsel at:
Attorney for RESPONDENT: Esquire Mr. Michael Jablonski for Barack Obama and Vincent
Russo counsel for secretary of State Brian Kemp on this 18
TH
day of2012.
And addressed interested parties:
Michael Jablonski 260 Brighton Road NE Atlanta, Georgia 30309-1523
Secretary of State Brian Kemp Georgia Secretary of State's Office -Executive Office 214 State
Capital Atlanta Georgia 30334
cc:
Michael Jablonski, counsel for Barack Obama MJablonski@comcast.net ,
Vincent Russo, counsel for secretary of State Brian Kemp at VRrusso@sos.ga.gov
Cody Judy- 3031 Ogden Avenue, Suite #2, Ogden, UT. 84403
On this the 18
th
Day of February, 2012.
Signature of Mailer lsi Cody Robert Judy
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