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- 01-25-2012, 08:36 PM #1
Obama Boycotting Georgia Eligibility Hearing
Obama boycotting Georgia eligibility hearing
Obama boycotting Georgia eligibility hearing
Lawyer urges secretary of state to cancel inquiry
Published: 2 hours ago by Bob UnruhEmail | Archive
Barack Obama has announced through his attorney that he will boycott the administrative hearings scheduled tomorrow in Georgia to review evidence of whether he legitimately is a candidate for the United States, prompting an attorney for one set of the plaintiffs to describe the nation’s commander-in-chief as acting like a “5-year-old brat.”
A letter apparently from his lawyer, Michael Jablonski, was posted today on the website for California attorney Orly Taitz, whose dogged and determined pursuit of Obama’s eligibility information has taken her to courts all across the nation, including the U.S. Supreme Court.
Jablonski told Georgia Secretary of State Brian Kemp in the letter that “serious problems” had developed in the hearings “pending before the Office of State Administration Hearings.”
He said, “At issue in these hearings are challenges that allege that President Obama is not eligible to hold or run for re-election to his office, on the now wholly discredited theory that he does not meet the citizenship requirements.”
Discover what the Constitution’s reference to “natural born citizen” means and whether Barack Obama qualifies, in the ebook version of “Where’s the REAL Birth Certificate?”
Jablonski said the law judge, who previously rejected Obama’s demand to quash a subpoena for him to appear and bring with him his birth records documenting his status as a “natural born citizen,” as the Constitution requires for presidents, has “exercised no control” over the proceeding.
“It threatens to degenerate into a pure forum for political posturing to the detriment of the reputation of the state and your office. Rather than bring this matter to a rapid conclusion, the ALJ has insisted on agreeing to a day of hearings, and on the full participation of the president in his capacity as a candidate,” Jablonski wrote.
No one could be reached immediately in Kemp’s office to determine if or how he would respond to Jablonski’s demands.
“We await your taking the requested action, and as we do so, we will, of course, suspend further participation in these proceedings, including the hearing scheduled for January 26,” Jablonski wrote in the letter on the Taitz site, which indicated it had been sent to the participants in the case.
A blast of sarcasm aimed at Obama also was posted on the Taitz site.
“What Obama is asking now is totally insane,” it said. “He is asking the secretary of state of GA to take the trial away from the judge on the eve of the trial. He is mostly crying on the shoulder of the secretary of state of GA and saying that Orly is bad, because she issued all of those subpoenas. So after the judge told Obama that the subpoena that I issued was perfectly valid and he had to appear in court tomorrow and bring with him all of the documents that I demanded, Obama decided to go behind the back of the judge and send the same complaint about me to the secretary of state and he is asking the secretary of state to take the trial away from the judge.
“Does this look like a behavior of an innocent person? An innocent person would have come to court and showed all the valid documents with the embossed seals, which are verifiable,” the statement said. “Instead he is acting like a 5-year-old brat, saying, ‘I am afraid of Orly, I want the secretary of state of GA to act like my mommy and protect me from Orly.’ Some leader of the free world…”
The hearings are being brought by citizens of Georgia under a state law that allows voters to challenge the eligibility of candidates on the state’s ballot. It is the states that run elections in America, and national elections are just a compilation of the results of the 50 state elections.
The schedule for the hearings was set by Judge Michael Malihi of the Georgia state Office of State Administrative Hearings. In Georgia, a state law requires “every candidate for federal” office who is certified by the state executive committees of a political party or who files a notice of candidacy “shall meet the constitutional and statutory qualifications for holding the office being sought.”
State law also grants the secretary of state and any “elector who is eligible to vote for a candidate” in the state the authority to raise a challenge to a candidate’s qualifications, the judge determined.
Citizens bringing the complaints include David Farrar, Leah Lax, Thomas Malaren and Laurie Roth, represented by Taitz; David Weldon represented by attorney Van R. Irion of Liberty Legal Foundation; and Carl Swensson and Kevin Richard Powell, represented by J. Mark Hatfield. Cody Judy is raising a challenge because he also wants to be on the ballot.
Jablonski told Kemp he should simply “withdraw” the original hearing request as “improvidently issued.”
“It is well established that there is no legitimate issue here – a conclusion validated time and again by courts around the country. The state of Hawaii produced official records documenting birth there; the president made documents available to the general public by placing them on his website,” he wrote.
Jablonski accused Malihi of allowing the attorneys to “run amok.”
“Perhaps he is aware that there is no credible response; perhaps he appreciates that the very demand made of his office – that it address constitutional issues – is by law not within its authority.”
Obama, meanwhile, has a campaign trip to several Midwest and Western states lined up over the next few days.
WND reported earlier on the stunning decision from Malihi, who refused to quash the subpoena even after Obama outlined his defense strategy for such state-level challenges, which have erupted in half a dozen or more states already.
“Presidential electors and Congress, not the state of Georgia, hold the constitutional responsibility for determining the qualifications of presidential candidates,” Obama’s lawyer argued. “The election of President Obama by the presidential electors, confirmed by Congress, makes the documents and testimony sought by plaintiff irrelevant.”
The judge thought otherwise:
“Defendant argues that ‘if enforced, [the subpoena] requires him to interrupt duties as president of the United States’ to attend a hearing in Atlanta, Georgia. However, defendant fails to provide any legal authority to support his motion to quash the subpoena to attend,” he wrote in his order.
“Defendant’s motion suggests that no president should be compelled to attend a court hearing. This may be correct. But defendant has failed to enlighten the court with any legal authority,” the judge continued.
“Specifically, defendant has failed to cite to any legal authority evidencing why his attendance is ‘unreasonable or oppressive, or that the testimony … [is] irrelevant, immaterial, or cumulative and unnecessary to a party’s preparation or presentation at the hearing, or that basic fairness dictates that the subpoena should not be enforced,’” the judge said.
Separately, Maricopa County Sheriff Joe Arpaio in Arizona told WND he also had gotten a subpoena to be at the hearings in Georgia. He said the goal apparently is to ask him about his Cold Case Posse investigation of Obama’s eligibility, but he said since the investigation remains open, he wouldn’t be able to say much about it.
Hatfield also had filed with the court a “Notice to Produce” asking for Obama’s documents and records.
He wants one of the two original certified copies of Obama’s long-form birth certificate.
Obama’s attorney, Jablonski, also had argued that the state should mind its own business.
“The sovereignty of the state of Georgia does not extend beyond the limits of the State. … Since the sovereignty of the state does not extend beyond its territorial limits, an administrative subpoena has no effect,” the filing argued.
Taitz’s supporters joined a discussion on her website, where she also solicits support for the expenses of the battles she’s confronting, judging that Obama is on the defensive.
“What a joke. He claims to be too busy performing the duties of the president of the United States. How many days of vacation has he taken? How many rounds of golf?
If he is too busy to provide the documents that provide the basis for meeting the requirements of the office, then perhaps he better sit out the next four years,” said one.
Wrote another, “The election of President Obama by the presidential electors, confirmed by Congress, makes the documents and testimony sought by plaintiff irrelevant. … This is complete utter nonsense!”
In fact, a presidential elector in California brought a lawsuit challenging Obama’s eligibility at the time of the 2008 election and was told the dispute was not yet ripe because the inauguration hadn’t taken place. The courts later ruled that the elector lost his “standing” to bring the lawsuit after the inauguration.
Irion said his argument is that the Founders clearly considered a “natural born citizen,” as the Constitution requires of a president and no one else, to be the offspring of two citizen parents. Since Obama himself has written in his books that his father, Barack Obama Sr. was a Kenyan, and thus subject to the jurisdiction of the United Kingdom, Irion argues that Obama is disqualified under any circumstances based on his own testimony.
Those who argue against his birth in the United States note that numerous experts have given testimony and sworn statements that they believe Obama’s Hawaiian birth documentation to be fraudulent.
It is that concern that also has prompted Arpaio to turn over an investigation of that issue to his Cold Case Posse. Its investigative report is expected to be released in the next few weeks.
The image released by the White House in April:
Top constitutional expert Herb Titus contends that a “natural born citizen” is born of parents who are citizens. That argument also is supported by a 19th-century U.S. Supreme Court decision, Minor v. Happersett in 1875. The case includes one of very few references in the nation’s archives that addresses the definition of “natural-born citizen.”
Obama long-form birth certificate released April 27 by the White House
That case states: “The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners.”
An extensive analysis of the issue was conducted by Titus, who has taught constitutional law, common law and other subjects for 30 years at five different American Bar Association-approved law schools. He also was the founding dean of the College of Law at Regent University, a trial attorney and special assistant U.S. attorney in the Department of Justice.
“‘Natural born citizen’ in relation to the office of president, and whether someone is eligible, was in the Constitution from the very beginning,” he said. “Another way of putting it; there is a law of the nature of citizenship. If you are a natural born citizen, you are a citizen according to the law of nature, not according to any positive statement in a Constitution or in a statute, but because of the very nature of your birth and the very nature of nations.”
If you “go back and look at what the law of nature would be or would require … that’s precisely what a natural born citizen is …. is one who is born to a father and mother each of whom is a citizen of the U.S. or whatever other country,” he said.
“Now what we’ve learned from the Hawaii birth certificate is that Mr. Obama’s father was not a citizen of the United States. His mother was, but he doesn’t qualify as a natural born citizen for the office of president.”
Last edited by Ratbstard; 01-25-2012 at 10:48 PM. Reason: Separated Paragraphs
- 01-25-2012, 09:00 PM #2
- Join Date
- Jun 2010
- Northern Arizona
This gets better and better...Who knows, Georgia could be "the straw that broke the Obummer's back!" One can only hope!
- 01-25-2012, 10:39 PM #3
GA Sec of State tells Obama, no crying to mommy, man up or tough luck. Sweet! | Dr. Orly Taitz, Esquire
REGULAR MAIL & EMAIL
260 Brighton Road, NE
Atlanta, Georgia 30309
RE: Georgia Presidential Preference Primary Hearings
Dear Mr. Jablonski:
I received your letter expressing your concerns with the manner in which the Office of
State Administrative Hearings (“OSAH”) has handled the candidate challenges involving your
client and advising me that you and your client will “suspend” participation in the
administrative proceeding. While I regret that you do not feel that the proceedings are
appropriate, my referral of this matter to an administrative law judge at OSAH was in
keeping with Georgia law, and specifically O.C.G.A. § 21-2-5.
As you are aware, OSAH Rule 616-1-2-.17 cited in your letter only applies to parties to a
hearing. As the referring agency, the Secretary of State’s Office is not a party to the
candidate challenge hearings scheduled for tomorrow. To the extent a request to withdraw
the case referral is procedurally available, I do not believe such a request would be judicious
given the hearing is set for tomorrow morning.
In following the procedures set forth in the Georgia Election Code, I expect the
administrative law judge to report his findings to me after his full consideration of the
evidence and law. Upon receipt of the report, I will fully and fairly review the entire record
and initial decision of the administrative law judge. Anything you and your client place in
the record in response to the challenge will be beneficial to my review of the initial
decision; however, if you and your client choose to suspend your participation in the OSAH
proceedings, please understand that you do so at your own peril.
I certainly appreciate you contacting me about your concerns, and thank you for your
attention to this
Brian P. Kemp
Georgia Secretary of State
- 01-25-2012, 10:43 PM #4
- 01-25-2012, 10:52 PM #5
Time for Obama to man up and attend the hearings. The word arrogant seems to go along with the name Obama. This takes nerve, if the judge doesn't go along with his request/order to dismiss the case them have him removed? Isn't their laws against trying to imtimidate a judge?
I say that if he does not go to court to defend his "natural born citizen" status, then Georgia should not put him on their ballot.
- 01-26-2012, 03:09 PM #6
- Join Date
- Jun 2010
- Northern Arizona
UPDATE AND LINKS FROM LIBERTY LEGAL FOUNDATION'S FACEBOOK PAGE:
Georgia and National Elections 2012 12:15 p.m. Thursday, January 26, 2012
No ruling in ‘birther' challenge
By Bill Rankin
The Atlanta Journal-Constitution
After hearing evidence with neither President Barack Obama nor his lawyers in attendance, a state administrative law judge on Thursday did not issue a ruling as to whether Obama can be allowed on the state ballot in November.
Lawyers for area residents mounting "birther" challenges told Deputy Chief Judge Michael Malihi that Obama should be found in contempt of court for not appearing when under subpoena to do so. But Malihi did not indicate he would recommend that and cut off one lawyer when he criticized Obama for not attending the hearing.
"It shows not just a contempt for this court, but contempt for the judicial branch," lawyer Van Irion told Malihi.
"I'm not interested in commentary on that, counselor," Malihi quickly replied.
Late Wednesday, Obama's lawyer, Michael Jablonski, wrote Secretary of State Brian Kemp, asking him to suspend the hearing. "It is well established that there is no legitimate issue here -- a conclusion validated time and again by courts around the country," Jablonski wrote.
Jablonski also served notice he would boycott the hearing.
In response, Kemp said the hearing to consider the challenges is required by Georgia law. "If you and your client choose to suspend your participation in the [Office of State Administrative Hearings] proceedings, please understand that you do so at your own peril," Kemp wrote.
Thursday's hearing was held before a packed courtroom with almost every seat taken -- except for those at the defendant's table facing the judge.
Bob Andres, email@example.com
Around the Plaintiff's table Kevin Powell (from left), Thomas Hatfield, Carl Swensson, John Sampson, and Mark Hatfield greeted each other before the hearing. The plaintiffs contend President Obama is not a natural-born citizen and not eligible to be on the Georgia ballot.
Bob Andres, firstname.lastname@example.org
The defendant's side was empty as the Obama camp decided to boycott the hearing.
Ross D. Franklin, AP A Georgia judge did not issue a ruling on a 'birther' challenge as to whether President Barack Obama can appear on the Georgia ballot.
No ruling in ‘birther' challenge *| ajc.com
Thursday, January 26, 2012
EXCLUSIVE! BREAKING NEWS!...JUDGE WILL ENTER DEFAULT JUDGMENT AGAINST OBAMA...
I just got off the phone with Dean Haskins who was in the courtroom this morning assisting with the Art 2Pac live stream. Judge Malihi talked to the attorneys in chambers before the hearing this morning and told them that he was going to enter a DEFAULT JUDGMENT against Obama and recommend that Obama's name not be on the Georgia ballot! All of the attorneys expressed a desire to put an abbreviated streamlined case on the record and the judge agreed.
How does the mainstream media spin this?
The Georgia SOS has already indicated that he will follow the judge's recommendation. That means that Obama will not get any popular vote or electors from the great state of Georgia!
Congratulations to all freedom-loving Americans!
Posted by giveusliberty1776 at 9:58 AM
Give Us Liberty: EXCLUSIVE! BREAKING NEWS!...JUDGE WILL ENTER DEFAULT JUDGMENT AGAINST OBAMA...
OBAMA ELIGIBILITY COURT CASE…BLOW BY BLOW
By Craig Andresen on January 26, 2012 at 9:25 am
Given the testimony from today’s court case in Georgia, Obama has a lot of explaining to do. His attorney, Jablonski, was a NO SHOW as of course, was Obama.
The following is a nutshell account of the proceedings.
Promptly at 9am EST, all attorneys involved in the Obama Georgia eligibility case were called to the Judge’s chambers. This was indeed a very interesting beginning to this long awaited and important case.
The case revolved around the Natural Born clause of the Constitution and whether or not Obama qualifies under it to serve. More to the point, if found ineligible, Obama’s name would not appear on the 2012 ballot in Georgia.
With the small courtroom crowded, several in attendance could be seen fanning themselves with pamphlets as they waited for the return of the attorneys and the appearance of the judge.
Obama himself, who had been subpoenaed to appear, of course was nowhere near Georgia. Instead, Obama was on a campaign swing appearing in Las Vegas and in Colorado ignoring the court in Georgia.
Over the last several weeks, Obama’s attorney, Michael Jablonski, had attempted several tactics to keep this case from moving forward. He first tried to have it dismissed, then argued that it was irrelevant to Obama. After that, Jablonski argued that a state could not, under the law, determine who would or would not be on a ballot and later, that Obama was simply too busy with the duties of office to appear.
After all these arguments were dispatched by the Georgia Court, Jablonski, in desperation, wrote to the Georgia Secretary of State attempting to place Obama above the law and declared that the case was not to he heard and neither he nor his client would participate.
Secretary of State, Brian Kemp, fired back a letter hours later telling Jablonski he was free to abandon the case and not participate but that he would do so at his and his clients peril.
15 minutes with the attorneys in the judge’s chambers.
It appears Jablonski is not in attendance as the attorneys return, all go to the plaintiff table 24 minutes after meeting in the judge’s chambers.
Has Obama’s attorney made good on his stated threat not to participate? Is he directly ignoring the court’s subpoena? Is he placing Obama above the law? It seems so. Were you or I subpoenaed to appear in court, would we or our attorney be allowed such action or, non action?
Court is called to order.
Obama’s birth certificate is entered into evidence.
Obama’s father’s place of birth, Kenya East Africa is entered into evidence.
Pages 214 and 215 from Obama’s book, “Dreams from My Father” entered into evidence. Highlighted. This is where Obama indicates that, in 1966 or 1967 that his father’s history is mentioned. It states that his father’s passport had been revoked and he was unable to leave Kenya.
Immigration Services documents entered into evidence regarding Obama Sr.
June 27th, 1962, is the date on those documents. Obama’s father’s status shown as a non citizen of the United States. Documents were gotten through the Freedom of Information Act.
Testimony regarding the definition of Natural Born Citizen is given citing Minor vs Happersett opinion from a Supreme Court written opinion from 1875. The attorney points out the difference between “citizen” and “Natural Born Citizen” using charts and copies of the Minor vs Happersett opinion.
It is also pointed out that the 14th Amendment does not alter the definition or supersede the meaning of Natural Born. It is pointed out that lower court rulings do not conflict with the Supreme Court opinion nor do they over rule the Supreme Court Minor vs Happersett opinion.
The point is, to be a natural born citizen, one must have 2 parents who, at the time of the birth in question, be citizens of the United States. As Obama’s father was not a citizen, the argument is that Obama, constitutionally, is ineligible to serve as President.
Judge notes that as Obama nor his attorney is present, action will be taken accordingly.
Carl Swinson takes the stand.
Testimony is presented that the SOS has agreed to hear this case, laws applicable, and that the DNC of Georgia will be on the ballot and the challenge to it by Swinson.
2nd witness, a Mr. Powell, takes the stand and presents testimony regarding documents of challenge to Obama’s appearance on the Georgia ballot and his candidacy.
Court records of Obama’s mother and father entered into evidence.
Official certificate of nomination of Obama entered into evidence.
RNC certificate of nomination entered into evidence.
DNC language does NOT include language stating Obama is Qualified while the RNC document DOES. This shows a direct difference trying to establish that the DNC MAY possibly have known that Obama was not qualified.
Jablonski letter to Kemp yesterday entered into evidence showing their desire that these proceedings not take place and that they would not participate.
Dreams From My Father entered.
Mr. Allen from Tuscon AZ sworn in.
Disc received from Immigration and Naturalization Service entered into evidence. This disc contains information regarding the status of Obama’s father received through the Freedom of Information Act.
This information states clearly that Obama’s father was NEVER a U.S. Citizen.
At this point, the judge takes a recess.
The judge returns.
David Farrar takes the stand.
Evidence showing Obama’s book of records listing his nationality as Indoneasan. Deemed not relevant by the judge.
Orly Taitz calls 2nd witness. Mr. Strump.
Enters into evidence a portion of letter received from attorney showing a renewal form from Obama’s mother for her passport listing Obama’s last name something other than Obama.
State Licensed PI takes the stand.
She was hired to look into Obama’s background and found a Social Security number for him from 1977. Professional opinion given that this number was fraudulent. The number used or attached to Obama in 1977, shows that Obama was born in the 1890. This shows that the number was originally assigned to someone else who was indeed born in 1890 and should never have been used by Obama.
Same SS number came up with addresses in IL, D.C. and MA.
Next witness takes the stand.
This witness is an expert in information technology and photo shop. He testifies that the birth certificate Obama provided to the public is layered, multiple layered. This, he testifies, indicates that different parts of the certificate have been lifted from more than one original document.
Linda Jordan takes the stand.
Document entered regarding SS number assigned to Obama. SS number is not verified under E Verify. It comes back as suspected fraudulent. This is the system by which the Government verifies ones citizenship.
Expert in document imaging and scanners for 18 years.
Mr. Gogt testifies that the birth certificate, posted online by Obama, is suspicious. States white lines around all the type face is caused by “unsharp mask” in Photoshop. Testifies that any document showing this, is considered to be a fraud.
States this is a product of layering.
Mr. Gogt testifies that a straight scan of an original document would not show such layering.
Also testifies that the date stamps shown on Obama documents should not be in exact same place on various documents as they are hand stamped. Obama’s documents are all even, straight and exactly the same indicating they were NOT hand stamped by layered into the document by computer.
Next witness, Mr. Sampson a former police officer and former immigration officer specializing in immigration fraud.
Ran Obama’s SS number through database and found that the number was issued to Obama in 1977 in the state of Connecticut . Obama never resided in that state. At the time of issue, Obama was living in Hawaii.
Serial number on birth certificate is out of sequence with others issued at that hospital. Also certification is different than others and different than twins born 24 hours ahead of Obama.
Mr. Sampson also states that portion of documents regarding Mr. Sotoroe, who adopted Obama have been redacted
which is highly unusual with regards to immigration records.
Suggests all records from Social Security, Immigration, Hawaii birth records be made available to see if there are criminal charges to be filed or not. Without them, nothing can be ruled out.
Mr. Sampson indicates if Obama is shown not to be a citizen, he should be arrested and deported and until all records are released nobody can know for sure if he is or is not a U.S. Citizen.
Taitz shows records for Barry Sotoro aka Barack Obama, showing he resides in Hawaii and in Indonesia at the same time.
Taitz takes the stand herself.
Testifies that records indicate Obama records have been altered and he is hiding his identity and citizenship.
Taitz leave the stand to make her closing arguments.
Taitz states that Obama should be found, because of the evidence presented, ineligible to serve as President.
And with that, the judge closes the hearing.
What can we take away from this?
Now, all of this has finally been entered OFFICIALLY into court records.
One huge question is now more than ever before, unanswered.
WHO THE HELL IS THIS GUY?
Without his attorney present, Obama’s identity, his Social Security number, his citizenship status, and his past are all OFFICIALLY in question.
One thing to which there seems no doubt. He does NOT qualify, under the definition of Natural Born Citizen” provided by SCOTUS opinions, to be eligible to serve as President.
What will the judge decide? That is yet to be known, but it seems nearly impossible to believe, without counter testimony or evidence, because Obama and his attorney chose not to participate, that Obama will be allowed on the Georgia ballot.
It also opens the door for such cases pending or to be brought in other states as well.
Obama is in it deep and the DNC has some…a LOT…of explaining to do unless they start looking for a new candidate for 2012.
- 01-26-2012, 09:55 PM #7
- Join Date
- Sep 2010
- somewhere near Mexico I reckon!
Hell No! he's not going to Georgia he might have a ICE detainer!
- 01-27-2012, 12:37 AM #8
Very interesting. However, default judgments are appealable. I don't think this is over yet...but still going in the right direction. : )Steve
Ohio Jobs & Justice PAC
- 05-09-2012, 02:06 PM #9