Before anyone embarrasses himself by asserting that Bill Clinton was compelled to testify and then perjured himself, that was to a federal judge.
This case is not about President Obama. It’s about Candidate Obama. If he wants to be on the GA ballot he needed to show up. Judge Malihi said that it could be that Obama would not be required to show up but the pleading of “I’m too busy” doesn’t cut it in a court of law - so if Obama wanted to have a LEGAL reason to not have to honor the subpoena he needed to present the legal argument. He presented nothing so Malihi said he had to be there. He wasn’t. He had his chance. If there was an argument that would have excused his presence he should have used it. He didn’t even have enough respect for the rule of law to do that.
I hope he is found in contempt of court, because he has shown contempt for the rule of law in EVERYTHING he has done, and this very public, blatant display is for no reason. Why should he watch a live feed of the hearing if he was “too busy” to actually be there? That was a load of bullcrap, and I think we all know why he wasn’t there.
I’m not sure that’s the question. The president is a citizen like anyone else and is subject to the courts like other citizens. If Obama were being ordered to appear in his capacity as president, a separation of powers argument could be made, but the question of eligibility to run is not related to his current status as president, and would apply equally to a private person running for their first term. If such a person would be subject to the court’s subpoena power, why should Obama escape it by virtue of the question being as to his eligibility for a second term rather than a first?
For what it’s worth, I don’t buy the various birther arguments, but I also wonder how, in a putative situation where a non-citizen did try to run, we’d ever get to the bottom of it. Candidates are not above the law, and people ought to have a mechanism to challenge eligibility.
Nixon was subpoened in California as mat wit but case was dropped before he appeared...