January 25, 2012

Hon. Brian P. Kemp

Georgia Secretary of State

214 State Capitol Atlanta, Georgia 30334

via email to Vincent R. Russo Jr., Esq.

(vrusso@sos.ga.gov)

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 (c/o Kim Beal (kbeal@osah.ga.gov))

Van Irion, Esq. (van@libertylegalfoundation.org)

Orly Taitz, Esq. (orly.taitz@gmail.com)

Mark Hatfield, Esq. (mhatfield@wayxcable.com)

Vincent R. Russo Jr., Esq. (vrusso@sos.ga.gov)

Stefan Ritter, Esq. (sritter@law.ga.gov)

Ann Brumbaugh, Esq. (abrumbaugh@law.ga.gov)

Darcy Coty, Esq. (darcy.coty@usdoj.gov)

Andrew B. Flake, Esq. (andrew.flake@agg.com)

Just thought you guys would be interested in this new twist to the Georgia Ballot Challenge. Doesn’t look like the attorney will be participating! hmmm....

The judge read the Statutes as pretty straightforward. Why Obama refuses to comply may soon be brought to light.

Orly Taitz is a funny clown.

The judge should deny Obama’s entry on the ballot.

I’m sure barry is laughing. NOT!

I guess w can call this the ”I’m taking my ball and going home” defense.

You are doing nothing but criticizing Orly who has accomplished much. And has labored indefatigably to bring Zero's ineligibility to light.

Instead of assisting her with encouragement and prayers you catch at her ankles to trip her.

you are the clown.

I’m sure barry is laughing.

I'm sure birther nuttery has tossed Obama out already.

No? It hasn't? We're going to vote him out? Like I said?

Then STFU with that poop. Go vote. Like a sane person.

And Obummer waits until the day before to protest to try and drag things out further...he can’t produce legal, unforged documentation. Hope this GA Secretary of State isn’t a Soros’ bought and paid for flunkie.

You are doing nothing but criticizing Orly who has accomplished much.

Obama is still in office. Where's the "much"?

Or did you mean "nothing"?

Yeah, attitudes like yours got us the second four years of Slick Willie and his Wondering Willie!

The only reason the hearing is going forward is because Bammy’s lawyer wrote an incompetent motion to quash. He didn’t give the judge any reason recognized by law to quash a subpoena. The judge isn’t insisting on anything. Bammy didn’t meet his burden of proof.

if the accusations are baseless then why has he refused to show them and why does he continue to spend money in order to not show them.?

Hell even the most radical left wing nut can see something is not right here.
If they cannot see it and not get past their letter D then they need to ask themselves if this was a republican would they still defend the actions what zero is doing.

Don’t back down Judge. Obama has not proven he is qualifed to run for President and has fought doing so for the last 3 plus years. It’s about time he gets called on the carpet and puts up or shuts up on this issue.

This defense letter seems to be similar thereunto to the man who pleaded with the judge that he didn’t steal the cow, but merely found a rope and took it home with him totally unaware that there was a cow on the other end of the rope.

It Zero has a legitimate birth certificate in the vault at the Hawaii Dept. of Health, then all he has to do is produce it with the proper state seal embossed on it. Every citizen born in Hawaii can do this so why can’t he?

Or “wandering” if you actually speak English...

Sorry, I can’t believe that some incompetent skank like Taitz can take down a sitting president.

What the h*ll do you know about sane?

Embrace your little imposter - as a sucker is born every minute. Imagine that - you siding with a commie con man! Are you still in the hope phase?

Kemp - Georgia Secretary of State - is a Republican. But that does not mean he could not be bought by Soros flunkie.

Where's the "much"?

She has YOU on every thread about his illegitimacy as a natural born citizen and exposing your contempt for our Constitution with your nutty responses.