CODY ROBERT JUDY Pro Se 3031 So. Ogden Ave. Suite 2 Ogden, UT. 84403 (801)497Email: codyjudy@hotmail.

com Web Site: www.codyjudy.us ___________________________________________________________________ FULTON COUNTY SUPERIOR COURT STATE OF GEORGIA __________________________________________________________ DAVID FARRAR, LEAH LAX, CODY ROBERT JUDY LAURIE ROTH Petitioner(s),

APPEAL OF ADMINISTRATIVE DECISION EMERGENCY APPLICATION FOR STAY & MOTION TO PROCEED PRO SE w/ SUPPORTING MEMORANDUM Case # 2012-CV-211398

v.

BARACK OBAMA, SECRETARY OF STATE Respondent(s).

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.

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 Courts decision not to allow his attorney Orly Taitz Esq. to continue Pro Hac Vice. The understanding of this Courts decision was made known to him ( me ) on Feb. 17th,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 18th Day of February, 2012-02-18 CODY ROBERT JUDY/pro se /s/ Cody Robert Judy

NOTARY PUBLIC WITNESS of SIGNITURE: Original Stamped __________________ Notary Signature _____________

CODY ROBERT JUDY Pro Se 3031 So. Ogden Ave. Suite 2 Ogden, UT. 84403 (801)497-6655 Email: codyjudy@hotmail.com Web Site: www.codyjudy.us ___________________________________________________________________ FULTON COUNTY SUPERIOR COURT STATE OF GEORGIA __________________________________________________________ DAVID FARRAR, LEAH LAX, CODY ROBERT JUDY LAURIE ROTH Petitioner(s),

APPEAL OF ADMINISTRATIVE DECISION EMERGENCY APPLICATION FOR STAY & MOTION TO PROCEED PRO SE w/ SUPPORTING MEMORANDUM Case # 2012-CV-211398

v.

BARACK OBAMA, SECRETARY OF STATE Respondent(s).

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.blogspot.com/2012/02/cody-robert-judy-ltr-georgia-sec-of.html ), and has been a Presidential Candidate for the office of President of the United States filing with

the Federal Election Commission ( FEC ) incidentally a week before Governor Rick Perry did August 25th,2011 in the Democrat Party and the only candidate recognized in this proceeding nationally under Presidential Candidates Org. ,(http://2012.candidatecomparison.org/?compare=Judy&vs=Obama ), 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 13th 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 22nd 2011 findings of the *Federal 9th 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 N o . 0 9 - 5 6 8 2 7 D . C . N o . 8 : 0 9 - c v 0 0 0 8 2 - D O C - A N O P I N I O N 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

his campaign and challenge Barack Obamas eligibility as a safeguard to the Democratic Partys 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 Obama 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-Barnett-v-Obama-Appeal-9th-CircuitAFFIRMED-Filed-Opinion-12-22-2011 )

3) Mr. Judys legal counsel Mrs. Orly Taitz Esq. has been deterred by this Courts denial of her Motion to proceed Pro Hac Vice affective Feb. 15th,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 Obamas 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. See : Judy v. McCain case no. 2:08cv-01162. 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 Obamas 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 Obamas qualification, however a deal had been struck she co-sponsored with Sen. Barack Obama on Sen. John McCains 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 of Mr. McCains 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 11 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 McCains 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.

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 Constitutions unique demand for a natural born citizen in the office of the President. 67306 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-Chief has 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 officeboth 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 Tankcalled Center for the American
7

Foundingthat connects today'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 overwhelming 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
8

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 Partys 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 mans ineligibility discriminating against anothers 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.

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. If the 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 18 day of February, 2012 ___/s/___Cody Robert Judy__________

10

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 18TH day of 2012. And addressed interested parties: Michael Jablonski 260 Brighton Road NE Atlanta, Georgia 30309-1523 Secretary of State Brian Kemp Georgia Secretary of States 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 18th Day of February, 2012. Signature of Mailer __/s/__Cody Robert Judy___

11