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To: edge919
The "ultra vires" was addressed to the GA SoS, not the judge. If Jablonsky had not changed in his thinking (though this new letter probably originated with Perkins-Coie sources, not Jablonsky), a forthright Jablonzky would have properly placed a (supported) statement to the judge that the ALJ didn't have jurisdiction in the Motion to Quash.

This is indeed the bum's rush at the GA SoS, hoping he'll recind his request. If that were the result, I'm sure we could safely say the process has been illegally been tampered with.

The ALJ will perfunctorily appear tomorrow just to give Obama an opportunity to appear and be responsive, but I trust he'll have spent the most time on the scenario contemplated by Jablonzky's letter of this afternoon. Hence, default judgment to Plaintiff, with no further evidence to be considered on appeal. That's probably OK with Jablonsky, as his being an officer of the court would only nature display aversion to submitting a fraudulent document.

I think it was aruanan upthread, who pointed out the flawed logic displayed by Jablonzsky as he cast aspersions both on Taitz and previous legal procedings as if they had already covered the ground of whether Obama was entirely and Constitutionally eligible to be placed on a GA ballot for president. GA SoS would really have to feel an inappropriate threat not to see through that tissue of lies.

Although Jablonsky obviously pointed his bat to the court's right field, the judge won't truly have been tangibly insulted until the non-appearance tomorrow. After all, Zero could (theoretically) have a change of heart (if he had one). Assuming the GA SoS could recind based on an awareness that what his office was doing was "ultra vires", it's conceivable the judge would have nothing left to say. However, Jablonszky's claim is ludicrous on its face. The SoS is surely empowered to vet candidate eligibility, as evidenced by many quotes on FR from GA statues to that effect.

HF

121 posted on 01/25/2012 4:59:03 PM PST by holden
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To: holden

The default judgement with no further evidence is exactly what they (Obama) wants.
Here is why:

It creates a decision on weak circumstances (no evidence from the defense), thus creating the weakest possible judgement against Obama.

AND

Obama is now not required (or even allowed) to submit his official birth records to the court. Submitting these records, and opening them up to legal verification is something Obama cannot afford to do, in my opinion.


124 posted on 01/25/2012 5:10:01 PM PST by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
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To: holden

The default judgement with no further evidence is exactly what they (Obama) wants.
Here is why:

It creates a decision on weak circumstances (no evidence from the defense), thus creating the weakest possible judgement against Obama.

AND

Obama is now not required (or even allowed) to submit his official birth records to the court. Submitting these records, and opening them up to legal verification is something Obama cannot afford to do, in my opinion.


125 posted on 01/25/2012 5:10:02 PM PST by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
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To: Obama Exposer; holden
Defense counsel may have done more than just point his bat; he may have already performed “his role” in tomorrow’s hearing.

Worse case result, the SOS may decide there is no need for proceeding with tomorrow’s hearing. In which case, one can ask WTH was plaintiff’s counsel thinking?

Best case, plaintiff’s counsel is prepared with arguments that will defeat the defense position. And, defense counsel may regret his lack of civility.

Defense has cited two Georgia cases that stand for the proposition that
1) the ALJ does not have jurisdiction over constitutional issues (two parent citizenship which one plaintiff counsel Orion stipulates is yet undecided) law (Flint River Mills v. Henry, 1975);
and, the even broader issue
2) 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. to be named on the ballot (Terry v. Handel, 2008)

Tomorrow could easily produce another disappointing outcome similar to that in NH.

129 posted on 01/25/2012 5:33:10 PM PST by frog in a pot
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