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.
A big YES. A subpoena is a judicial order. Refusing to comply is against the law.
The only people who don’t want to disclose the truth are people with something to hide. These people cannot prove Obama is eligible for office in a court of law. All they can do is hide behind procedural hurdles. When does America wake up and realize that it’s being duped by a fraud??
Bless you, we are all aging rapidly. I remember seeing that before also.
;)
the Honorable Judge Michael Malihi
Malihi - has kind of a Hawaiian ring to it.
Wonder if he knows what we know and maybe a bit more ?
“The only people who don’t want to disclose the truth are people with something to hide.”- Barack Hussein Obama
So it looks like Orly can be oin Hawaii for THAT hearing after all.
They judge in Hawaii specifically set the date as the same date in Georgia, even though he was advised of that date.
Please send a arrest warrant for contempt of court to this attorney for this nasty letter too.
WRONG! No hearing has, to my knowledge, been held on the merits of the complaints. Rather, all the cases until now have been dismissed on procedural grounds for lack of standing.
I know you are new and learning but do you have a link, please?
LoL. Those Foggy-OBots were saying for the last weeks that Obama and Joblinski would show up with Obama’s Crayola Crayon abstract birth certificate. Could it be as fake as OBama? Of course it is. Instead, the OBums withdrawal crying and whining at the court. Ha.
Go play more 18 hole golf Obama.
Oh gee...I’m shocked! Breaking news /sarc
Issue a Courtt Bench Warrant for his arrest for Contempt of Court. Then Serve it, then cuff and stuff him. Let him enjoy the Hospitality of a Georgia Jail.
"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"
Sounds like legalese for "You might consider a new career at McDonald's".
Think of all the layers of civil employees we will no longer need!
The letters overall meaning is....
How dare you question the King for some “BIRTHER”
claim. Birthers will be reported to attackwatch.
Wiki:
“Kemp won the 2010 election for a full term as Georgia Secretary of State with 56.4% to 39.4% for his democratic opponent, Georganna Sinkfield.[1]”
Safe enough to let the process run.
I assume Obama is counting on a Dem fed judge giving him a “de novo” hearing later.
Thank goodness Obama and Holder aren’t going to appear- with thousands of their supporters...
"Jablonski's principal expertise is in the area of debate, where he has worked with Roy Barnes, Jimmy Carter, Andrew Young and others. He undertakes responsibility for every aspect of debates - from negotiating debate formats, writing briefing books, developing strategy and analyzing rhetoric to organizing practices and critiquing candidate performance. A college debater at Emory University, Jablonski has coached academc debate in college, high school, middle school and - just once! - in elementary school. The Barkley Forum for High Schools awarded him gold key coach status. He has been the president of the Barkley Forum Foundation at Emory University for almost twenty years. He is one of the founders of the Urban Debate League."
It's curious. The top of his website has a menu for biography, clients, cases, etc. None of those links are active links. They all point back to his index/home page.
You are absolutely correct in you assessment detective. He by passed procedure to address Judge Malihi with his reasons in his court that was scheduled for in the morning. He instead looks like a cry baby and this action will not set well with Malihi who will probably feel that Jablonski didn’t respect his court and orders. I see a contempt charge, diciplinary action to Jablonski and a recommendation that Obama be stricken from being placed on the ballot. Also, plaintiffs will get to address the court with their reasonings that Obama is not a natural born Citizen. Jablonski will not be there to enter Obama’s COLB for the record. Doing that will ensure Obama a loss on appeal if they try to enact one because their would be no evidence of a COLB ever recorded. This is a huge blunder by team Obama.
Obama himself could "bring this matter to a rapid conclusion" if he would produce a NON-FORGED birth certificate.
It's easy.
He does not even have to send a team of lawyers to sign waivers. (what kid of waivers, anyway?)
I just did mine on-line recently- it cost $12 and it came in the mail in 2 days.
There is a difference and Obama’s attorney is not making the distinction.
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