Posted on 01/29/2012 12:08:18 PM PST by bkopto
... Well Obama had been subpoenaed to appear in that courtroom. The subpoena had been specifically and without reservation upheld by Judge Malihi just 6 days earlier. So Obama was in obvious violation of the court’s order.
So maybe, just maybe Judge Malihi read the final words of Jablonski’s hyper arrogant, “we don’t believe your little state or your silly hearing are worth our time” letter for the purpose of reading into the record the fact that it was indeed the decision of Obama and his attorney to NOT attend and to NOT honor legal subpoenas.
And if that is the case, it means Malihi is clearing the decks for either a default judgment against the president, or the implementation of a legal remedy of some sort for Obama’s self-important refusal to appear or even respond to the proceeding with counsel.
Naturally it would take an attorney to decipher any “legal” significance in Malihi’s actions, but through his past rulings the judge has made it abundantly clear that he will follow the laws of the state of Georgia to the letter and accept no grandstanding or phony arguments from either side, not even from a president.
And it is against the law to ignore a subpoena, perhaps all the more so when the judge himself refused to allow Obama’s earlier request that the subpoena be quashed.
It might be significant that Georgia Secretary of State Kemp backed Malihi to the hilt in his response to Michael Jablonski’s letter, telling the lawyer “…If you and your client choose to suspend your participation in the OSAH proceedings, please understand that you do so at your own peril.”
In short, though you and your client clearly don’t think much of our state or its laws, we will conduct the business of both just as though you were mere mortals rather than privileged characters.
When will Judge Malihi issue a ruling and what weight of law will it carry? Attorneys for both sides have until February 5th to present additional evidence for their claims. Soon after that we will know how determined the State of Georgia is in seeing to it their laws are obeyed…even by a president.
Send your appreciation to:
Contact: Valerie Ruff for Judge Malihi Case Management Assistant vruff@osah.ga.gov Tel: (404) 651-7595 Fax: (404) 818-3751
http://www.osah.ga.gov/judges-dir-detail.aspx?StaffID=mmalihi
Call, email respectful appreciation. Some have said it’s essential for Judge Malihi to sense that “we the people” are behind him and his action. So let’s remove any doubt the Judge might have of the strong support we’re offering.
“we don’t believe your little state or your silly hearing are worth our time”
Is that an actual quote?
It is unlikely Judge Malihi will allow Obama’s attorney to submit additional evidence or a pleading after he failed to appear.
OFFICE OF STATE ADMINISTRATIVE HEARINGS
CHAPTER 616-1-2
ADMINISTRATIVE RULES OF PROCEDURE
616-1-2-.30 Default. Amended.
(1) A default order may be entered against a party that fails to participate in any stage of a proceeding, a party that fails to file any required pleading, or a party that fails to comply with an order issued by the Administrative Law Judge.
(2) Any default order may provide for a default as to all issues, a default as to specific issues, or other limitations, including limitations on the presentation of evidence and on the defaulting party’s continued participation in the proceeding. After issuing a default order, the Administrative Law Judge shall proceed as necessary to resolve the case without the participation of the defaulting party, or with such limited participation as the Administrative Law Judge deems appropriate, and shall determine all issues in the proceeding, including those affecting the party in default.
What up wid Dat? Aren't they supposed to present and exchange evidence before the hearing and then give oral argument in real time with the Judge to judge shortly after.
No. It is a "reading between the lines" interpretation.
Wonder why the author put it in quotes then? Ridiculous.
It looks like Jaw-blockhead didn’t even bother to make a half competent argument. Wouldn’t it be funny if Obama later tries to plead ineffective assistance of counsel.
Scare quotes, in this case.
Perhaps with 0bama a no show Jablonski was afraid any evidence he would submit would be considered direct testimony and be put in a purjury trap . This happened during the hearing to Orly when she began making statements ,, the judge stopped her and asked her if she were in fact starting to testify . She was then sworn in and then testified to the evidence or statements she presented .
As I recall...The judge closed the case as to the acceptance of anymore material from either side. The plaintiffs actually requested that.
Ping.
The media is not covering this...so, it must not be happening.
And if it is...they still won’t cover it.
Sounds like it ain’t over ‘til it’s over and over.
With Orly it sounds like a simple mistake. She didn’t intend to present non-sworn “testimony” — she was just too eager to get going. And she didn’t mind the judge correcting the oversight and swearing her in as a witness.
But you may be right, heck if Jaw-bluster was going to permit Obama to be sworn!
If they do, it will be . . . redneck State of Georgia . . . history of discrimination . . . Voting Rights Act . . . Jim Crow . . . State’s Rights lunatics . . . racism.
What won’t be mentioned is the Article II Section 1 obligation of all the States.
Does Obama want to lose this at this point without submitting evidence so he can jawbone about “those white redneck bastards in Georgia keeping a black man down” and (honestly) claim that the evidence wasn’t even looked at ... You know the media will push his side 110% and there will be riots if he isn’t on the ballot.
Our first Muslim President was given. $$ to buy the election in 2008.
Obama is now doing what he does best, he is causing Turmoil
If he looses the election, the Muslim radical will make the 2000 Fla presidential court case look like child’s play. The Muslim scumbag is hopieing for race riots and martial law. While America burns, Obama will be smiling.
What would be so funny if it weren’t so serios is that Americans can’t even see what Obama is. Ask yourself the question, what would a Muslim. Terrorist do if he was made President.
The answer is nothing. Do you think Obama got $$ from Wall Street or Iran?
You know that sounds exactly like something he would do.
In the event that Judge Malihi rules against zero, the entire case becomes very interesting. Much of American law is based on precedent and legal rulings and, assuming the judgement goes against Obama, it sets a legal precedent that can be introduced in other cases.
Should that occur, I’d stock up on popcorn and batten down the hatches . . . . . . just in case.
Doubtless, zero will appeal and probably go judge shopping to find a sympathetic liberal judge to overturn Judge Malihi’s ruling (which won’t be hard!). That will then lead to more appeals and, potentally, a SCOTUS filing. Of course, by then, zero may well be out of office, but the matter still needs to be resolved. It has been VERY disturbing to note that virtally very previous case challenging zero’s eligibility has ben thrown out based on legal standing. To date, not a single judge or court has defind who has legal standing to bring this type of case against a sitting president, but they have denied that he different people who HAVE filed such cases have the standing. So who does?
IMO, ANY American citizen should have standing to bring such a case to court because this is a fundamental Constitutional issue. As such, ANY citizen should have the right and, if not, I don’t think we have implemented the Constitution the way that the Founding Fathers planned!!
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