Posted on 01/25/2012 2:39:58 PM PST by Obama Exposer
President Obama's private attorney Michael Jablonski has issued a letter to the Georgia Secretary of State Brian Kemp confirming that he will not attend the Georgia Access Ballot Challenge hearing set by the Honorable Judge Michael Malihi for January 26, 2012 at 9am.
Here is the letter from Jablonski stating the reasons why he as well as the president will not show:
Hon. Brian P. Kemp
Georgia Secretary of State
214 State Capitol Atlanta, Georgia 30334
via email to Vincent R. Russo Jr., Esq.
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 Van Irion, Esq. Orly Taitz, Esq. Mark Hatfield, Esq. Vincent R. Russo Jr., Esq. Stefan Ritter, Esq. Ann Brumbaugh, Esq. Darcy Coty, Esq. Andrew B. Flake, Esq.
My understanding is that this isn’t about his citizenship or his birth certificate, but about whether he meets the definition of “natural born citizen’.
No?
Leave obama off the ballot. It’s no big deal.
Motion for Contempt of Court Approved.
Send the Marshalls to arrest and detain the defendant.
Now that you mention it, it certainly shows a great deal of contempt for the judge in question.
I presume they calculate that a decision keeping Obama off the ballot in Georgia may be the best outcome, since he stands no chance of winning there anyway. And now he can accuse the judge of being a nutty birther, as a way of explaining what happened.
I’m sure the press, the “conservative” Pundits, the RINOs, and Fox News will all agree.
Least damaging outcome? Better than sending in his lawyer and watching him lose.
Oh I see... so now we don't need to actually have the court decide the facts, we can decide for ourselves and mail them to the Judge?
Neato...
Default judgment for plaintiffs?
Well yes, Natural born citizenship IS about citizenship.
This follows the usual Obama pattern ..... the law means nothing to him and as Emperor, he’s above it all.
I think Obama is doing this in order to draw attention to this political whack-a-mole game. Earlier, the only republican he could attract to make noise over the issue was Donald Trump. Now he’s hoping one of the 4 remaining candidates will try to make political hay out of this.
After all, that forgery cost him a bundle. He better get something out of it other than Donald Trump doing the Rosanna Rosannadanna impersonation of “never mind”.
There are others who are subpoenaed, What are they going to do?
I believe that if a candidate is deemed illegal in one state, they cannot appear on the ballots in others. I could be wrong as this is an old memory and I am an older person.
Just remove him from the ballot!
The media was all over Mittens about his tax records, but somehow just can’t seem to get interested in anything that happened in Obama’s life before he burst like a sodden rotten mango on the sidewalk of the national consciousness.
I was pleasantly surprised when I read that the judge had refused to quash the subpoena, but I remained unenthusiastic. I knew then, and I still believe now, that Obama’s minions will find some way to make this all go away.
They always do.
Isn't it ironic that the states with the largest black populations are 'red' states?
Isn’t that contempt?
The dirty-rotten-commie-dual-citizen pig and his dirty-rotten, lying lawyer!
They spit on our Constitution, rule of law and the limits placed on the Executive Branch.
I could puke.
You will notice that Obama’s attorney seems to forget there are two other cases tomorrow with other attorneys representing the plaintiffs in their challenges to the president. Jablonski forgets to address them since he so focused on Orly Taitz.
I love the whiny cry-baby voice you read throughout this letter.
.... 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...
...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....
...As a national leader in the so-called ‘birther movement...
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.
(in other words - we have been down this road a 1000 times.)
Since my eyes start to cross when I read “legalese” my take is that Obama’s Attorney is saying: You got NO STANDING, (NEENER-NEENER).
With that being said it’s pretty obvious that they are pretty contemptuous toward this judge.
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