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.
Thank’s for the Ping!!
I pray he is vindicated tomorrow.
I posted a week ago, this would happen. These folks have no respect for the law, customs, or human decency.
Zackly!!!
Lots of kung fu psycho babble mumbo jumbo distracting the people from the number one issue that has been in plain site since day one, provided prominently by George Soros’s illegitimate rainbow unicorn stepson- Zero; my daddy is 100% Kenyan born and bred, and my book says so, just ask Uncle Bill Ayers.
A tiny green Martian couldn’t be this disqualified!
If only my liver could have a say in all of this. sheesh!
PS I think I said something didn’t I?
;o)
freepersup
Thanks.
I just clicked on the links you posted to the ins.gov web-site. One link has been taken down. None of the others contain the term “natural born.”. If these are changes that occurred on a government website in the last several hours, we should all be quite disturbed. I have never been a conspiracy theorist, but a chill is running up my spine.
Facist state rising- bump!
From Orly’s website...
GA SEC OF STATE TELLS OBAMA, NO CRYING TO MOMMY, MAN UP OR TOUGH LUCK. SWEET!
From Orly’s website...
GA SEC OF STATE TELLS OBAMA, NO CRYING TO MOMMY, MAN UP OR TOUGH LUCK. SWEET!
Barry bassturd is already evolving the story of his natality, now advertising that he was born in HI to an unwed mother. The sad thing is, so many black people will slide right along the path of his lies, cheerfully ignoring his lies because they want him to be the thing artificially present to the world. I wonder if they even care that he is a lying commie who cares not a whit about black people beyond how his manipulations of them empower him.
>>> I just clicked on the links you posted to the ins.gov web-site. One link has been taken down. None of the others contain the term “natural born.”. If these are changes that occurred on a government website in the last several hours, we should all be quite disturbed. I have never been a conspiracy theorist, but a chill is running up my spine. <<<
I can confirm that the page is no longer available.
My apologies. The first link still has references to “natural-born.”. I left out the hyphen when searching the web page.
The second link is still dead, however.
“You step over this line and make me prove my client is qualified and I'm leaving. I'm serious.”
Kemp replies...
“Don't let the door hit you in the ass.”
Well Hon. Michael Malihi Van Irion, that’s that, you dumb ass hillbilly. They ain’t coming. Like they said, you can kiss their arse. Since you don’t know shiite from shinola.
This matter has already been settled in prior courts. Obama was born in Hawaii. His daddy was a foreigner from Kenya. So what? Who cares? Besides, this hoopla about being a natural born citizen to be eligible is ancient BS. Get with the program Judge. Dismiss the case, and let’s move on. Be a good ole boy now. Do as you are told.
An administration so incompetent as to place an at least 7 layered PDF online and to claim it as factual, couldn’t be expected to have any better defense than Jablonski’s.
Perhaps... we are reaching critical mass?
Lot’s of naysayers around here mocking Orly Taitz, however, tomorrow morning while 99.9% of FreeRepublic’s keyboard commandos are fresh out of their respective restrooms, having dropped off their daily deuces, Orly will be going about serious business, attending Georgia’s Administrative Court, as a bona fide Plaintiff, something she had a direct hand in, and can take direct credit for.
Amen baby Jesus. God bless Orly Taitz, and may she be surrounded with a hedge of Your protection.
So there’s nothing to stop the GDP from putting Fidel Castro on the primary ballot?
Is Kemp daring Jablonski to show the alleged LFBC or is he hinting that if he does, that he'll keep Obama on the ballot?? The president supposably has TWO hard copies of the alleged birth certificate, so there should be one available ... one that should have been presented in the motion to quash. Interesting how the Obots have claimed that Jablonski would waltz into court with the LFBC in hand, yet he's doing everything he can to avoid it. Hmmmmmm.
How about this from poster Kenny Bunk:
(oh, he just made another comment, too - he’s smoking!)
http://www.freerepublic.com/focus/news/2836240/posts?page=164#164
http://naturalborncitizen.wordpress.com/2012/01/23/amicus-brief-georgia-potus-eligibility-cases.
In this astounding tour-de-force, Donofrio sums it all up. I am in awe.
However, this Amicus Curiae brief would be better read by the SCOTUS, not heard in an Administrative Hearing. Even if his ruling finds for the plaintiffs in the matter, Judge Mahili cannot order the relief they seek. The real test here is not in the Hearing Room. It is in the hearts and minds of the GA Officials who have within their power ....RIGHT NOW ... to strike the Mombasa MF from the ballot, as does every SOS in the 57 states. All Mahili can do is give them more legal basis for doing the right thing ... more than they need, if truth be told.
IMHO, all of us, including Leo, have gotten this thing Bass Ackwards. It is not us who should be bringing suit against Obama. It should be Obama in the role of Plaintiff, seeking relief from the SsOS who bar him from the ballot in their various states on Article II grounds.
It is he who has “standing.” The courts would have then to decide what a “Natural Born Citizen” is. If The ALJ finds for the plaintiffs in this hearing, that should be the signal gun for the start of the contest, but by the cold light of legal dawn, Mahili can actually do very little for us
Obama has eluded capture as a defendant. Therefore, he must be made the plaintiff if we are to get justice.
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