Attorneys who argued in a Georgia court this week that Barack Obama isn’t eligible to be president say Administrative Law Judge Michael Malihi considered granting a default judgment before they even argued the case.

That presumably could have recommended that Obama failed to prove his eligibility and therefore should not be on the 2012 ballot, since he and his lawyer snubbed the hearing, for which Obama was subpoenaed.

But the attorneys argued against such an easy victory on the point of the single hearing, expressing instead their desire to get the evidence concerning Obama’s eligibility or lack of it in the record, so that it would be there should the case elevate to an appellate level.

The attorneys also said the strategy decision by Obama to simply ignore the subpoena and the hearing may ultimately backfire, because judges typically aren’t pleased to listen to arguments from someone who wants to introduce evidence during an appeal.

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