This backs Team Obama into a bit of a box. They may shoot their way out by finding a friendly judge to issue an injunction or a stay of some sort, but I believe this brief limits their options in bringing a successful suit against Georgia ... again ... all this sound and fury will signify naught if the GA officials decide to allow Obama on the ballot after all.
By all means read the brief. I hope a couple of Supreme Court Justices are doing the same.
My problem with reading legalese is that I’m too dumb to grasp the import. I do know that most of the words (not all!) are English, but the overall meaning invariably escapes me.
A fellow 'birther' Lucas Smith asked Mario Apuzzo, Esq. the following questions regarding Thursday's GA court hearing. These questions are being asked by patriots across the nation. Apuzzo is the premier Constitutional attorney on "natural born Citizen"
A question from Lucas Smith to attorney Mario Apuzzo: If Obama fails to appear for the administrative court hearing in Georgia, tentatively scheduled for January, 26 2012, what legal repercussions could he be confronted with? Posted on January 20, 2012 by Lucas Daniel Smith Deputy Chief Judge Michael Malihi of the Office of State Administrative Hearings, State of Georgia, has today (01.20.2012) denied President Obama’s motion to quash the subpoena compelling his (Obama’s) attendance at a hearing tentatively scheduled for January 26, 2012.
My question is if Obama fails to appear for this hearing is there anything that can be done about it? What legal repercussions could anyone, not just the President (de facto), be confronted with? Can an administrative judge issue a warrant for a person’s arrest? I understand that some administrative judges can issue search warrants but I don’t know that they can issue arrest warrants. Lastly, have I correctly titled Judge Malihi as an “Administrative Judge”? Or is he some other sort of judge?
------------Mario Apuzzo, Esq. says: January 21, 2012 at 4:57 pm Lucas, Thank you for giving me the opportunity to address this issue on your very informative blog. Here is a quick answer. The subpoena issued to Obama comes from an administrative court rather than a law court. A court-issued subpoena has the authority of a court order whether it comes from a law court or an administrative one.
Obama just happens to be the President now and would have to take time out of his official schedule to honor the subpoena. Nevertheless, Obama is subpoened as a private individual, not as the President.
Does Obama have to honor the subpoena? The only way to get out of honoring a subpoena is to have it quashed on a motion to quash. Obama tried that and it has so far failed. He can attempt to file a motion for reconsideration. But until the court changes its mind, he must honor the subpoena and here is why.
“It is beyond dispute that there is in fact, a public obligation to provide evidence, see United States v. Bryan, 339 U. S. 323, 339 U. S. 331; Blackmer v. United States, 284 U. S. 421, 284 U. S. 438, and that this obligation persists no matter how financially burdensome it may be. Footnote 10″
“Footnote 10 [I]t may be a sacrifice of time and labor, and thus of ease, of profits, of livelihood. This contribution is not to be regarded as a gratuity, or a courtesy, or an ill-required favor. It is a duty not to be grudged or evaded. Whoever is impelled to evade or to resent it should retire from the society of organized and civilized communities, and become a hermit. He who will live by society must let society live by him, when it requires to. 8 J. Wigmore, Evidence § 2192, p. 72 (J. McNaughton rev.1961).” Hurtado v. United States, 410 U.S. 578, 589 (1973). This is one case among the many on this issue. Indeed, Obama, as a member of legally constitutued society, as a “public obligation” to provide evidence to a court, whether that court is a law court or an administrative one. His obligation is even greater given that the subpoena touches upon his right to eventually hold a public office should he win the election. Even Congress, which is not a law court, issues subpoenas which must be obeyed at the risk of suffering severe sanctions, including incarceration. The only way that Obama could avoid the subpoena is to show that he has some privilege that protects him from giving the requested evidence. Again, Obama has been subpoened as a private person, a candidate for public office, not as the President of the United States. From the Georgia court’s ruling on Obama’s motion to quash, we can see that Obama failed to make such a showing that convinced the court that he in fact has such a privilege.
If Obama does not honor the subpoena, the court, applying Georgia law and precedents from federal law, can issue an order to show cause to him ordering him to show cause why he should not be held in contempt. If he still does not comply, then he would be held in contempt of court. The court in such a case will issue sanctions to him, which can include a monetary penalty, an adverse ruling against him in the case itself, or even incarceration. Since he is the currently putative sitting President, the court would probably just opt for an adverse ruling rather than jail. That would be the best option since it gets to the heart of the matter. That adverse ruling would be that Obama has not met his burden of proof to show that he is an Article II “natural born Citizen.” Hence, the court could recommend to the Georgia Secretary of State that Obama’s not be allowed to be placed on the primary ballot. In the end, the Secretary of State will make the ultimate decision. Additionally, the current sitting President of the United States not honoring a court-issued and properly served subpoena related to whether the President is constitutionally eligible for that very office could also be deemed a “high Crime[] or Misdemeanor[]” under Article II, Section 4, the article dealing with impeachment of the President. Congress could declare such conduct a high crime or misdemeanor and inititate and prosecute impeachment proceedings against Obama and they should. Mario Apuzzo, Esq. http://puzo1.blogspot.com/
I hope the SCOTUS Justices are reading it.... but I would not bet on it. It is an administrative court which, if Obama ignores could easily be a PR nightmare. He will have to either address it, or risk making it worse.
I am sincerely looking forward to Thursday.