Posted on 01/25/2012 2:39:58 PM PST by Obama Exposer
President Obama's private attorney Michael Jablonski has issued a letter to the Georgia Secretary of State Brian Kemp confirming that he will not attend the Georgia Access Ballot Challenge hearing set by the Honorable Judge Michael Malihi for January 26, 2012 at 9am.
Here is the letter from Jablonski stating the reasons why he as well as the president will not show:
Hon. Brian P. Kemp
Georgia Secretary of State
214 State Capitol Atlanta, Georgia 30334
via email to Vincent R. Russo Jr., Esq.
Re: Georgia Presidential Preference Primary Hearings
Dear Secretary Kemp:
This is to advise you of serious problems that have developed in the conduct of the hearings pending before the Office of State Administrative Hearings. 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. As you know, such allegations have been the subject of numerous judicial proceedings around the country, all of which have concluded that they were baseless and, in some instances – including in the State of Georgia - that those bringing the challenges have engaged in sanctionable abuse of our legal process.
Nonetheless, the Administrative Law Judge has exercised no control whatsoever over this proceeding, and 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. Only last week, he denied a Motion to Quash a subpoena he approved on the request of plaintiff’s counsel for the personal appearance of the President at the hearing, now scheduled for January 26.
For these reasons, and as discussed briefly below, you should bring an end to this baseless, costly and unproductive hearing by withdrawing 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. “Under the United States Constitution, a public record of a state is required to be given ‘full faith and credit’ by all other states in the country. Even if a state were to require its election officials for the first time ever to receive a ‘birth certificate’ as a requirement for a federal candidate’s ballot placement, a document certified by another state, such as a ‘short form’ birth certificate, or the certified long form, would be required to be accepted by all states under the ‘full faith and credit’ clause of the United States Constitution.” Maskell, “Qualifications for President and the “Natural Born” Citizenship Eligibility Requirement,” Congressional Research Service (November 14, 2011), p.41.
Nonetheless, the ALJ has decided, for whatever reason, to lend assistance through his office—and by extension, yours—to the political and legally groundless tactics of the plaintiffs. One of the attorneys for the plaintiffs has downloaded form subpoenas which she tried to serve around the country. Plaintiff’s attorney sent subpoenas seeking to force attendance by an office machine salesman in Seattle; seeking to force the United States Attorney to bring an unnamed “Custodian of Records Department of Homeland Security” to attend the hearing with immunization records; and asking the same U.S. Attorney to bring the same records allegedly possessed by “Custodian of Records of U.S. Citizenship and Immigration Services.” She served subpoenas attempting to compel the production of documents and the attendance of Susan Daniels and John Daniels, both apparently out of state witnesses, regarding Social Security records. She is seeking to compel the Director of Health for the State of Hawaii to bring to Atlanta the “original typewritten 1961 birth certificate #10641 for Barack Obama, II, issued 08.08.1961 by Dr. David Sinclair…,” even though Hawaii courts had dismissed with prejudice the last attempt to force release of confidential records on November 9, 2011. Taitz v. Fuddy, CA No. 11-1-1731-08 RAN.
In Rhodes v. McDonald, 670 F. Supp. 2d 1363, 1365 (USDC MD GA, 2009), Judge Clay Land wrote this of plaintiff’s attorney:
When a lawyer files complaints and motions without a reasonable basis for believing that they are supported by existing law or a modification or extension of existing law, that lawyer abuses her privilege to practice law. When a lawyer uses the courts as a platform for political agenda disconnected from any legitimate legal cause of action, that lawyer abuses her privilege to practice law….
As a national leader in the so-called ‘birther movement,’ Plaintiff’s counsel has attempted to use litigation to provide the ‘legal foundation’ for her political agenda. She seeks to use the Court’s power to compel discovery in her efforts force the President to produce a ‘birth certificate’ that is satisfactory to herself and her followers.” 670 F. Supp. 2d at 1366.
All issues were presented to your hearing officer—the clear-cut decision to be on the merits, and the flagrantly unethical and unprofessional conduct of counsel—and he has allowed the plaintiffs’ counsel to run amok. He has not even addressed these issues—choosing to ignore them. 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. See, for example, Flint River Mills v. Henry, 234 Ga. 385, 216 S.E.2d 895 (1975); Ga. Comp. R. & Regs. r. 616-1-2-.22(3).
The Secretary of State should withdraw the hearing request as being improvidently issued. A referring agency may withdraw the request at any time. Ga. Comp. R. & Regs. r. 616-1-2-.17(1). Indeed, regardless of the collapse of proceedings before the ALJ, the original hearing request was defective as a matter of law. Terry v. Handel, 08cv158774S (Superior Court Fulton County, 2008), appeal dismissed, No. S09D0284 (Ga. Supreme Court), reconsideration denied, No. S09A1373. (“The Secretary of State of Georgia is not given any authority that is discretionary nor any that is mandatory to refuse to allow someone to be listed as a candidate for President by a political party because she believes that the candidate might not be qualified.”) Similarly, no law gives the Secretary of State authority to determine the qualifications of someone named by a political party to be on the Presidential Preference Primary ballot. Your duty is determined by the statutory requirement that the Executive Committee of a political party name presidential preference primary candidates. O.C.G.A. § 21-2-193. Consequently, the attempt to hold hearings on qualifications which you may not enforce is ultra vires.
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.
Very truly yours,
MICHAEL JABLONSKI Georgia State Bar Number 385850 Attorney for President Barack Obama
cc: Hon. Michael Malihi Van Irion, Esq. Orly Taitz, Esq. Mark Hatfield, Esq. Vincent R. Russo Jr., Esq. Stefan Ritter, Esq. Ann Brumbaugh, Esq. Darcy Coty, Esq. Andrew B. Flake, Esq.
This happens everyday in today's courtrooms, it's called slip and fall litigation and the liberals invented it.
Who here is surprised, good to be king.
I’m not the Obama Exposer guy, but here’s one link (there are several out there I saw when doing a search): http://www.orlytaitzesq.com/?p=30746
Link here:
http://obamareleaseyourrecords.blogspot.com/2012/01/obamas-attorney-refusing-to-show-up-at.html
Yup. This will backfire on his majesty.
Oh I’m sorry. Jeez lol. Forgive me. It’s was just put up on Mrs Taitz website:
(in other words - we have been down this road a 1000 times.)
++++++++++
...and this is the first time we have been asked by a judge to present, can you believe it, evidence of the President’s citizenship. This judge apparently didn’t study anything about “Lack of Standing” in law school or he would have applied it here since nobody has standing in any case challenging Obama on anything.
So the devil won’t come down to Georgia? Sez his lawyer.
Someone post Foghorn Leghorn reading this letter to the judge. ‘Ah say, Ah say, boy!’
Canada Free Press:
(snip)
Who will save Freedom?
A brave few… This is how it was in the beginning, how it has always been and how it will be.
“...Orly Taitz, who has made defending the Constitution and the American way of life a personal ambition, in the absence of any constitutional leadership.”
http://www.canadafreepress.com/index.php/article/12999
.
Noone has done more to bring the Marxist/Muslim down than Dr. Orly Taitz.
She may not succeed this time, but one day she will.
Then they will appeal to one of their owned judges and have the ruling over turned.
The solution to the Obama problem does not lie within the legal system An extra legal solution is the only way to get rid of him
What is the hourly for the attorney who wrote that crap? I would be embarrassed to sign my name to that much less get paid for it. That was horrible.
It looks like it was written by a political hack defending Obama that thinks Obama is king and all who dare question Obama are given a little name like racist or birther
That’s a pretty strong allegation, as well as the one about the judge losing control. Does Obama’s attorney offer any evidence about this??
“will ensure Obama a loss on appeal “
No, after GA SOS Kemp gets Mahili’s opinion and decides whether to allow Obama on the ballot his decision will then be taken to court- and there’ll be a whole new trial.
IANAL though.
Poster "Reality Check" -
"Notice that Mr. Jablonski used very careful wording and said he is suspending participation in the circus pending the decision by the SoS. He put the ball clearly in the Secretary of State's court. I think the letter is perfect."
Oh yeah Un-Real-ity, Foghorn Foggy that's the winning ticket! LoL!
Show me how to edit and insert the link in the OP. I posted one just a few moments ago to Mrs. Taitz site.
Who wrote this you ask? That would be Obama's personal Georgia lawyer Michael Jablonski.
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