Thank you.
Here’s an interesting thread and Obama Exposer has this to say:
President Obama To Ignore Georgia Subpoena And Head To Las Vegas Jan 26th.
http://www.freerepublic.com/focus/chat/2836407/posts?page=45
From what I am hearing now is that Obama is trying to set it up for some kind of mis-trial type appeal where he can claim he got incompetent representation by Jablonski for the ballot hearing? He could then attempt to get another judge of their liking to hold the hearing in front of?
So...the most powerful man in the free world has now found himself represented by an incompetent ... and might want to ditch the whole thing including the judge and start all over.
That should work...?
Not showing up for an Administrative Hearing, or providing the documents ordered, is, sorry to say, just not that big a deal, especially for a sitting President. GA's subpoena on the HI authorities is not that big a deal either.
The Administrative Judge may direct relief to Obama's opponents if he doesn't show, or if documents subpoena-ed are not produced.
As it always has, the issue boils down to this:
Will the GA authorities who have the power to remove BHO, Jr. from the ballot, use it? Only then will the case be heard on its merits because if Obama wanted to be on the ballot, he would then have to bring suit against the state of GA. He would be the "injured party," the Plaintiff. This would most certainly be fast-tracked to the SCOTUS.
From what I am hearing now is that Obama is trying to set it up for some kind of mis-trial type appeal where he can claim he got incompetent representation by Jablonski for the ballot hearing?
If this is what they are trying to do then they truly are incompetent. There is no jury. There is no trial. So there is no mis-trial.
The will be a finding of fact by an ALJ. There will be a hearing to enter testimony and documents into this this finding of fact. No trial.
The SoS will the use the facts from the ALJ to make a decision of eligibility or not. The SoS may, if he is that reckless, ignore the ALJ findings and do what he wants. But that is why there is an appellate process. If the judge (again, no jury) finds the SoS acted recklessly or negligently based on 5 or 6 SPECIFIC criteria the judge can can overturn the decision by the SoS.
There is no trial here. There is no jury. There is a decision to be made by the SoS with a set of facts collected and documented by the ALJ. No one gets ‘convicted’. This is all administration of a fairly well defined process in Georgia law. Hence why an ALJ is involved and not a trial judge.
Regardless of what the SoS decides this WILL get appealed. But during the appeal it only the handful of criteria for overturning that will be used along with the fact presented by ALJ. The process will not start over again at the appellate level.
This is why the facts, documents, briefs, etc. going to the ALJ better be good and tight and not relaying on proving things that are not already accepted fact - even though most of know some of these things are very, very suspect. The ALJs findings and statement of facts will be critical at the appellate level.